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TABC CLASS 249

Terms in this set (66)

$25-$200 Fine Only
ABC 101.72
Consuming Alcohol beverages on off-premise location
punishment?
Class "A" Misdemeanor
ABC 101.04
Inspection Refusal
Punishment?
License/Permit may be suspended or canceled
ABC 22.12, 24.11, 25.04 (b), &28.11
Permitting Breach of the Peace on Licensed Premise
Punishment?
General Penalty
$100-$1,000 Fine
ABC 11.61(b)(13), 104.01(5)
Licensee/Permittee intoxicated on Licensed Premises
Punishment
Class "A" Misdemeanor
ABC 105.10,105.03,105.05
Sale During prohibited hours/Permit consumption and Permittee Consumption during prohibited hours
Punishment
General Penalty
$100-$1,000 Fine &/or 1 year
ABC 101.63
Sale to Intoxicated Persons
Punishment
General Penalty
$100-$1,000 Fine &/or 1 year
ABC 106.13
Permit Minor to possess/consume alcoholic beverage on Licensed Premise
Punishment
Class "C" Misdemeanor
ABC 106.07
Misrepresentation of Age by a Minor
Punishment
Class "A" Misdemeanor
ABC 106.06
Purchase/Furnish Alcohol to a Minor
Punishment?
Class "C" Misdemeanor
ABC 106.05
Possession of alcohol by a minor
punishment
Class "C" Misdemeanor
ABC 106.041
DUI by a Minor
Punishment
Class "C" Misdemeanor
ABC 106.04
Consumption of alcohol by a minor
Punishment?
Class "A" Misdemeanor
ABC 106.03
Sale of alcohol to a Minor
Punishment
Class "C" Misdemeanor
ABC 106.025
Attempt to Purchase ALcohol by a Minor
Punishment
Class "C" Misdemeanor
ABC 106.02
Purchase of Alcohol by a Minor
punishment
1) Security Officer Commisssion & engaged in duties, wearing distinctive uniforms & weapons in plain view
2) Peace Officers
3)permittee or an employee of permittee
4)disabled Ceremonial Firearm
5) possess a CHL (off premise only)
TABC SHALL cancel a license or permit if the permittee knowingly allowed a person to possess a firearm in a building on the licensed with what exceptions?
Personal Consumption
Transportation of Beverages for _____________________ ____________________ of alcoholic beverages from a place where it is legal to sell and a place where it is legal to possess without holding a license or permit
1)Possession of more than 1 quart of liquor
2) possession of more than 24 12oz beers

Class "B" Misdemeanor
Guilty of Prima Facie Evidence of intent to sell withh...


Punishment?
1st= Class "B" Misdemeanor
2nd or more= State Jail Felony
Dry Areas: Cannot Manufacture, distill, brew, sell, import, export, transport, distribute, warehouse, store, solicit, take order for, or posses, with intent to sell
1st Offense?
2nd or more?
1,000 Feet

Class "C" Misdemeanor
IF a person possess an open container or consumes alcoholic beverage on a public street, alley, or sidewalk within_________________________ of the property line of a Public/Private school.
Punishment?
1st= $25-$200 Fine
2nd= $100-$500 FIne
Consuming alcoholic beverages on the premises of a BQ or BF, with consumption signs posted, is punishable by...

1st Violation?
2nd Violation?
Class "C" Misdemeanor
IF a person consumes or possess with intent to consume an alcoholic beverage in a public place outside the hours of consumption is punishable with a?
Mon-Sat 8:00 AM - Midnight

Sun 10:00 AM - Midnight
THe holder of a winery permit may sell, offer for sale, & deliver wine, & a person may consume wine on premises of a winery during what hours?
Same as hours of sale except add 15 minutes to end times
What are the hours of consumption for standard & extended hours?
Reasonable
IF you enter a package store before closing you may remain in the store for a _____________________ amount of time to finish shopping.
1)New Year's Day, Thanksgiving, or Christmas Day *
2) On Sundays
3) Before 10:00 AM or after 9:00 PM

*when new year's day or Christmas fall on a Sunday, this falls on the following Monday
No person may sell,offer to sell, or deliver any LIQUOR on....
Mon - Sat 7:00 AM - 2:00 AM
Sun * noon - 2:00 AM

* 10:00 AM with the service of food
What are the Hours of sale for extended hours?
Mon - Sat 7:00 AM - 12:00 AM
Sun (sat night) midnight - 1:00 AM
Sunday noon - midnight *

* 10:00 AM with the service of food
What are the standard hours of sale?
Extended hours sales


automatic
If a city/county has a population of less than 800,000, then the city/county may adopt an order to allow ______ _______ _______ in their areas.


IF over 800,000?
Habitual Drunkard, Intoxicated, Insane

1st= $100-$500 &/or 1 yr jail

2nd = $500- $1000 or 1 yr jail
A person commits an offense if with criminal Negligence he sells an alcoholic beverage to a ___________ ______, ____________, or an ________________ person.
o Loud, obscene, vulgar language
o Exposure or permitting exposure of persons
o Rudely display pistol
o Drink Solicitation
o Being Intoxicated on Licensed Premises
o Lewd/vulgar acts or entertainment
o Solicitation for sexual or immoral purposes'
o Failure to comply with state, municipal, health, city ordnance
Give Examples of Lewd, immoral or offensive to public decency
Lewd, immoral; offensive
No person who sells beer at a retail or employees may engage in or permit conduct on the Licensed Premises which is _______________, _________________, or _______________ to public decency
Apparently Valid
A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an _______________________ _________ proof of ID
DUI by Minor/child

detectable; public place
Any ________________ amount of alcohol in the minor's system while he is operating a motor vehicle or watercraft in a _________, _________
1) Contraband in Plain View
2) AMount of Contraband in relations of persons
3) Contraband accessible to accuse
4) Minor's ownership or right of possession to site of contraband
5) Relationship of accused to other persons with access to the contraband
6) Knowledge of Presence of Contraband
7) Presence of paraphernalia or other evidence indicating use of contraband
8) Conduct by accused in indicating guilt
What are some of the affirmative links?
Visible presence of adult parent, spouse, court appointed guardian
what are the exceptions for a minor in possession of alcohol?
public elementary; junior high; high school

Class "C" Misdemeanor
The possession of any intoxicating beverage for consumption, sale, or distribution while on the grounds or in a building of a _________ _______________, _________ _______, or _________ _______or while entering or inside any enclosure, field, or stadium, where an athletic event sponsored or participated in by a public ___________ ______________, ____________ _____________, or____________ is being held unlawful.
Violation?
General Penalty

$100 - $1,000; and/or 1 year in jail
A person who violates a provision of this code for which a " specific penalty" is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than ____________ no more than________ or by confinement in the county jail for not more than ________ or by both
Misdemeanor; $50; $100
10; 90
A peace officer who fails to file the report of a seizure as required commits a ___________ punishable by a fine no less than ___________ no more than _________ or by confinement not less than ___________ no more than __________ or by both
Felony; 2 years; 5 years
A Peace Officer who makes a false report of a property seizure commits a ________ punishable by confinement for not less than __________ and not more than ____________
1) Verified by Oath and Kept by Department
2) Goes to person seizing from
3) Stays with seizure
How many copies of seizure reports are made and where does each copy goes
shall; commission; immediate public; private sale
any alcoholic beverage, its containers, and its packaging which has been seized by a peace officer may not be replevied and _________ be delivered to the _________ for __________ _______ or _______ _____ in the best considered manner
1) an illicit beverage
2) any equipment designed for use in or used in manufacturing an illicit beverage
3) any material to be used in manufacturing an illicit beverage
a peace officer may arrest without a warrant any person found in possession of:
1) any illicit beverage
2) any vehicle, including aircraft, or water craft used to transport an illicit beverage
3) any equipment designed for use in or used in manufacturing an illicit beverage
4) any material to be used in manufacturing an illicit beverage
A Peace officer may seize without a warrant:
Licensed Premises
The grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person
1/2 Barrel or 15.5 Gallons
(165 12oz servings)
A keg is?
31 standard gallons of beer
A barrel is?
wine/ vinuous liquor

alcoholic fermentation
What is The product obtained from the _________________ __________________ of juice of sound ripe or dried grapes, fruits, berries, or honey?
Process of distillation
Alcohol spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the __________ ____ _______________, including all dilutions or mixtures of them
4% ABW
Liquor is any alcoholic beverage containing alcohol in excess of ___________________ % by weight
.5% ABV or more
4% ABW
A beer is a Malt Beverage containing _____________ or more of alcohol by volume and not more than _______________ of alcohol by weight
All employees/un-paid employees of the actual person who's name is on the license/ permit
who is considered a permittee/licensee
Class "A" misdemeanor
Failure to allow entry or interfere with a peace officer is punishable by?
Inspection
With acceptance of a license or permit a permittee/licensee consents to _____________
Permit ; License
A ______________ authorizes the handling of liquor, while a ___________ authorizes the handling of beer
Illicit beverage
Any beverage handled in violation of the Alcoholic Beverage Code
Alcoholic Beverage
Alcohol, or any beverage containing more than .5% of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted
shall
all peace officers in the state, ________________ enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders
Texas Alcoholic Beverage Commission
JAN 1970 the Texas Liquor Control Board changed to what?
Texas Liquor control Act
Texas liquor control Board Organized and begun with what Passage/Act?
21st Amendment
what amendment repealed the 18th amendment
5 DEC 1933
When was the national prohibition law repealed?
18th amendment
What amendment Created the National Prohibition Law?
16 JAN 1920
The National Prohibition Law was passed on what date?
Minor
in this code, ________ means a person under 21 years of age
dates/times
location
reason for being at licensed premise
primary observation
identities of involved persons
statements
evidence
arrest
completion of report
standard for alcohol violations
intoxicated persons
permittee
licensee
sale to intoxicated persons
What is needed to take administrative action?
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