Citizenship and Status Requirements for TABC Licenses and Permits

For the purpose of determining qualifications for an alcoholic beverage license or permit, Section 33.10 of the Texas Alcoholic Beverage Commission Administrative Rules addresses citizenship and status requirements.

§33.10. Citizenship and Status.

(a) An individual who applies for a license or permit shall, at the time of filing the application, be a United States citizen or legally authorized to work in the United States.

The commission will not issue a permit or license to a person that will cause the person to be in violation of the person's immigration status and/or result in them being illegally in the United States.

(b) No permit shall be issued to a corporation, partnership, firm, association, or other legal entity, other than an individual, unless the entity is formed by filing a certificate of formation or registered to transact business in this state. This requirement does not apply to:
   (1) An entity holding a brewer's permit, and other licenses and permits as are necessary to the operation of the brewer's permit,
   (2) A holder of an agent's, industrial or carrier's permit, or
   (3) A foreign corporation that was engaged in the legal alcoholic beverages business in this State under charter or permit prior to August 24, 1935.

Note: New Rule Adopted: April 30, 2008; Effective Date: May 20, 2008

The United States Federal Government, through the Bureau of Citizenship and Immigration Services and its affiliate agencies, determines the status of all persons not born in the United States. The types of immigrant and non-immigrant status and the conditions on their entry and residence in the country are governed by Sections 101(a)(15) and 214 of the Immigration and Naturalization Act and by the rules contained in 8 C.F.R. Part 214.

Persons in this country in a non-immigrant status may have various conditions placed on the type of work they may perform while in the country. For example, a person who has entered as a visitor for pleasure {INA 101(a)(15)(B)(ii)} may NOT engage in “any employment.” Other non-immigrant status holders may only engage in the type of employment permitted by their status and the specific conditions granting their entry into the country. Those who violate these rules have “failed to maintain status” and are, therefore, no longer lawfully in the country.

It is the policy of this agency that, if by issuing a license or permit to an individual which then places that person in violation of his/her immigration status, then the agency will deem that person not to be qualified to hold such a license/permit and take the necessary steps to protest the issuance of the license/permit.

Similarly, if TABC discovers that holding a license/permit places a current permit holder in violation of his/her immigration status, then the agency will deem that person not to be qualified to hold such a license/permit and take the necessary steps to cancel the license/permit.

If an individual has authority to be in the United States as determined by the appropriate federal agency and this is documented by either a valid Employment Authorization Document and/or non-immigrant visa allowing for the ownership of a business or employment by its holder, then this Agency will deem that person to be qualified to hold a license/permit, absent other lawful grounds for disqualification.