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TABC

Terms in this set (74)

Purchase of Alcohol by a Minor AB Code AB Code 106.02
A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code -- Class C Misdemeanor
Attempt to Purchase Alcohol by a Minor AB Code 106.025
A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended -- Class C Misdemeanor
Sale of Alcohol to a Minor AB Code 106.03
A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor -- Class A Misdemeanor
Consumption of Alcohol by a Minor AB Code106.04
A minor commits an offense if he consumes an alcoholic beverage -- Class C Misdemeanor
DUI By a Minor AB Code 106.041
A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system -- Class C Misdemeanor
Possession of Alcohol by a Minor AB Code 106.05
A minor commits an offense if he possesses an alcoholic beverage -- Class C Misdemeanor
Purchase/Furnish Alcohol to a Minor AB Code 106.06
A person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor -- Class A Misdemeanor
Misrepresentation of Age by a Minor AB Code 106.07
A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages -- Class C Misdemeanor
Alcoholic Beverage Code -- Sec 101.07 Duty of Peace Officer
All peace officers in the state, including those of
cities, counties, and state, SHALL enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.
LEWD, IMMORAL, INDECENT CONDUCT AB Code 104.01
No person authorized to sell beer at retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use; being intoxicated on the licensed premises; permitting solicitations of persons for immoral or sexual purposes; etc.
Beer
A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight, and does not include a beverage designated by label or otherwise by a name other than beer
Licensee
A person who is the holder of a license provided in this code, or any agent, servant, or employee of that person
Mixed beverage
One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.
Ale
Means a malt beverage containing more than four percent of alcohol by weight
Permittee
A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person.
Commission
The Texas Alcoholic Beverage Commission
Illicit beverage
An alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified, blended,
treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
(B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(C) possessed, kept, stored, owned, or imported, with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code.
Alcoholic beverage
Alcohol, or any beverage containing more than one half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Distilled spirits
alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients
Liquor
any alcoholic beverage containing alcohol in excess of four percent by weight, unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor, tequila, mescal, habanero, or barreteago, is prima facie evidence that it is liquor.
Wine and vinous liquor
product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey, and includes wine coolers
Barrel
As a standard of measure, a quantity of beer equal to 31 standard gallons
Manufacturer
A person engaged in the manufacture or brewing of beer, whether located inside or outside the state
Wine cooler
An alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have an alcohol content as low as one-half of one percent by volume
GENERAL PENALTY AB Code 1.05
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 $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both
CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION
AB Code 101.72
A person commits an offense if the person knowingly consumes liquor or beer on the premises of a holder of a wine and beer retailer's off-premise permit or a retail dealer's off-premise license. Misdemeanor (General Penalty)
SEIZURE OF ILLICIT BEVERAGES, ETC AB Code 103.03
A peace officer may seize without a
warrant:
(1) any illicit beverage, its container, and its packaging;
(2) any vehicle, including an aircraft or watercraft, used to transport an illicit beverage;
(3) any equipment designed for use in or used in manufacturing an illicit beverage; or
(4) any material to be used in manufacturing an illicit beverage.
PERMIT REQUIRED AB Code 11.01
No person who has not first obtained a permit of the type required for the privilege exercised may, in a wet area, do any of the following:
(1) manufacture, distill, brew, sell, possess for the purpose of sale, import into this
state, export from this state, transport, distribute, warehouse, or store liquor;
(2) solicit or take orders for liquor; or
(3) for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor
MUST DISPLAY PERMIT AB Code 11.04
All permits shall be displayed in a conspicuous place at all times on the licensed premises.
All permits ______ be displayed in a conspicuous place at
all times on the licensed premises.
Shall
WARNING SIGN REQUIRED AB Code 11.041
Each holder of a permit who is not otherwise
required to display a sign under Section 411.204, Gov't. Code, shall display in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a concealed handgun of the same category the person is licensed to carry under Section 411.204, Gov't. Code
Warning Sign Requirements AB Code 11.041
Must be a least 6 inches high and 14 inches wide, must appear in contrasting colors, and shall be displayed in a conspicuous manner clearly visible to the public. The commission or administrator may require the permit holder to also display the sign in a language other than English if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language
HEALTH RISKS WARNING SIGN AB Code 11.042
The commission by rule shall require the holder of a permit authorizing the sale of alcoholic beverages for on-premises consumption to display a warning sign on the door to each restroom on the permitted premises that informs the public of the risks of drinking alcohol during pregnancy.
AGE OF PACKAGE STORE EMPLOYEES AB Code 22.13
A package store permittee may not knowingly utilize or employ any person under the age of 21 to work on the premises of a package store in any capacity or to deliver alcohol off the premises of a package store.
(b) This section shall not apply to a person who was under the age of 21 and employed by a
package store on September 1, 1995.
(c) This section shall not apply to a person who is employed by the person's parent or legal guardian to work in a package store that is owned by the parent or legal guardian.
AUTHORIZED ACTIVITIES -- WINE AND BEER RETAILER'S PERMIT AB Code 25.01
The holder of a wine and beer retailer's permit may
sell:
(1) for consumption on or off the premises where sold, but not for resale, wine, beer,
and malt liquors containing alcohol in excess of one-half of one percent by volume and not more than 17 percent by volume; and
(2) for consumption on the premises traditional port or sherry containing alcohol in
excess of one-half of one percent by volume and not more than 24 percent by volume
AUTHORIZED ACTIVITIES -- WINE AND BEER RETAILER'S OFF-PREMISE PERMIT AB Code 26.01
The holder of a wine and beer retailer's offpremise
permit may sell for off-premises consumption only, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.
(b) The holder of a wine and beer retailer's off-premise permit may conduct free product samplings of wine, beer, and malt liquor containing alcohol in excess of one-half of one percent by
volume but not more than 17 percent by volume on the permit holder's premises during regular business hours
AUTHORIZED ACTIVITIES -- MIXED BEVERAGE PERMIT AB Code 28.01
The holder of a mixed beverage permit may sell,
offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the licensed premises ...
The holder of a mixed beverage permit may also:
(1) purchase wine, beer, ale, and malt liquor containing alcohol of not more than 21 percent by volume in containers of any legal size from any permittee or licensee authorized to sell those beverages for resale; and
(2) sell the wine, beer, ale, and malt liquor for consumption on the licensed premises.
AUTHORIZED ACTIVITIES -- MIXED BEVERAGE LATE HOURS PERMIT AB Code 29.01
The holder of a mixed beverage late hours permit
may sell mixed beverages on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day
between the hours of 12 midnight and 2 a.m. if the premises covered by the permit are in an area where the sale of mixed beverages during those hours is authorized by this code.
LICENSE REQUIRED AB Code 61.01
No person may manufacture or brew beer for the purpose of sale, import it into this state, distribute or sell it, or possess it for the purpose of sale without having first obtained an appropriate license or permit as provided in this code. Each licensee shall display his license at all times in a conspicuous place at the licensed place of business
AUTHORIZED ACTIVITIES -- RETAIL DEALER'S ON-PREMISE LICENSE AB Code 69.01
The holder of a retail dealer's on-premise license
may sell beer in or from any lawful container to the ultimate consumer for consumption on or off the
premises where sold. The licensee may not sell beer for resale
AUTHORIZED ACTIVITIES -- RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE AB Code 70.01
The holder of a retail dealer's on-premise late hours license may sell beer for consumption on the premises on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day between the hours of 12 p.m. and 2 a.m. if the premises covered by the license are in an area where the sale of beer during the hours is authorized by this code
AUTHORIZED ACTIVITIES -- RETAIL DEALER'S OFF-PREMISE LICENSE AB Code 71.01
The holder of a retail dealer's off-premise license
may sell beer in lawful containers to consumers, but not for resale and not to be opened or consumed on or near the premises where sold
INSPECTION OF VEHICLE AB Code 101.71
No holder of a permit issued under Title 3, Subtitle
A, of this code, may refuse to allow the commission or its authorized representative or a peace officer, on request, to make a full inspection, investigation, or search of any vehicle
CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR HOMELESS SHELTER OR SUBSTANCE ABUSE TREATMENT CENTER AB Code 109.36
The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town, and the governing board of an incorporated city or town may enact regulations applicable in the city or town, prohibiting the possession of an open container or the consumption of an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a homeless shelter that is not located in a central business district or a substance abuse treatment center that is not located in a central business district.
ARREST WITHOUT WARRANT AB Code 101.02
A peace officer may arrest without a warrant
any person he observes violating any provision of this code or any rule or regulation of the commission. The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.
SEARCH AND SEIZURE AB Code 101.03
A search warrant may issue to search for, seize, and destroy or otherwise dispose of in accordance with this code: an illicit beverage, equipment used to make illicit beverages, vehicles used to transport, or forged/counterfeit certificates of tax payment stamps etc
SEIZURE OF ILLICIT BEVERAGES AB Code 103.03
A peace officer may seize without a warrant any illicit beverage, any equipment designed to make illicit beverages, vehicles used for transporting illicit beverages, any material used for manufacturing illicit beverages.
ARREST OF PERSON IN POSSESSION AB Code 103.04
A peace officer may arrest without a warrant any person found in possession of an illicit beverage, any equipment designed for use in or used in manufacturing an illicit beverage,
or any material to be used in manufacturing an illicit beverage
Minor AB Code 106.01
a person under 21 years of age
EXPUNGEMENT OF CONVICTION OF A MINOR AB Code 106.12
Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.
RETAIL -- WARNING SIGN REQUIRED AB Code 71.10
Each holder of a retail dealer's off-premise license shall display in a prominent place on his premises a sign stating in letters at least two inches high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON THESE PREMISES
Retail -- Failure to have a Warning Sign Posted AB Code 71.10
A licensee who fails to comply with this section commits a misdemeanor punishable by a
fine of not more than $25.
A TABC Agent shows up at your brand new night club and demands to see your equipment behind the bar. You know you have done nothing wrong and refuse to let him back. What are you charged with?
Inspection Refusal -- Class A Misdemeanor
Tim just turned 16 years old. He takes a birthday shot of tequila with his dad. He forgets he has a date at the movies and decides he is fine to drive. He gets pulled over on the way to the theater for a broken tail light. The officer can smell alcohol on his breath but shows no signs of intoxication. What is the offense?
Driving or Operating Watercraft Under the Influence of alcohol By Minor -- Class C Misdemeanor
Janet decides to crack open a bottle of wine while she is shopping at Kroger. She drinks about a third of it before heading to the check out. What is the offense?
Consumption of Alcoholic Beverage on Premises Licensed for Off-Premises Consumption -- Misdemeanor punishable by a fine of not less than $25 nor more than $200

CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED
FOR OFF-PREMISES CONSUMPTION
Jose is completely smashed. His bartender is trying to make a little extra money for rent this month so he continues to serve him hoping for a bigger tip. What is the offense ?
Sale to Certain Persons -- misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both
Sale to Certain Persons -- AB Code 101.63
A person commits an offense if the person
with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane person
SUBSTITUTION OF BRAND WITHOUT CONSENT OF CONSUMER PROHIBITED -- AB Code 28.081
Agent, servant, Employee (etc) Substitutes one brand of alcoholic beverage for a brand that has been specifically requested by a consumer, unless the consumer is notified and consents to the substitution -- Civil Suit
Tim orders a Jack and Coke at his local bar to reward himself for completing his big project at work on time. He notices the bartender pouring well whiskey. He is outraged and confronts the manager, what can the Bar be charged with?
Liable in a civil suit to a consumer for damages resulting from the substitution. The court shall award the prevailing party in an action under this section attorney's fees and costs of action.
OPENING CONTAINERS PROHIBITED AB Code 22.10
No person may break or open a container containing liquor or beer or possess an opened container of liquor or beer on the premises of a package store
Weston goes into Specs and is overwhelmed by all the choices. He decides to open up a bottle of rum to just get a little taste before he buys it. He is stopped by an employee after it is open but before he can get a swig. What is the offense ?
Package Store Permit -- OPENING CONTAINERS PROHIBITED AB Code 22.10
Seizure Report
-Made in Triplicate-
*One Copy Verified by Oath and kept by the Department
*One Copy Goes to the Person you are seizing from
*One Copy Stays with the Seizure
Affirmative Link
Contraband in Plain View

Amount of Contraband in relation to number of persons

Contraband accessible to accused
PARENT/GUARDIAN PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR AB 106.06
Person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has
been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage
Janice is home with her daughter Susan(18 years old). Susan says she has always wanted to try a Long Island Iced Tea. Her mom decides since she is home and watching her this would be okay. What offense is this?
No Offense
Janice is throwing a party for Susan and all her Friends from High School. Janice runs to the liquor store and gets a few bottles of Hennessy, Hypnotic and Xrated. She lets the kids have at it while she takes a bath in the other room. The police show up and charge Janice (the mom) with ... ?
PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR -- CLASS A MISDEMEANOR Per Kid
If a city has a population of less then 800,000 then the city may adopt an order to allow ....
Extended Hour of Sales
Hours of Sale --- On Premise
Standard
Mon - Sat 7am - 12am

Sunday 12am(Sat Night) - 1pm

Sunday 10am (With Food) or 12 noon - 12 midnight

Extended
Mon - Sat 7am - 2am

Sunday 10am (With Food) or 12 noon - 2am
Hours of Sale --- Off Premise
Standard
Mon - Sat 7am - 12am

Sunday 12am(Sat Night) - 1am

Sunday 12 noon - 12 midnight

No Extended Hours
Hours of Sale --- Liquor
No Liqour sales of New Years, Thanksgiving or Christmas Day

No sales on Sunday

No sales Before 10am or After 9pm on any other day

Applies to following Monday if Christmas or New Years is on a Sunday (Happened Last Year in 2017)
Frank arrives at Total Wine at 8:55pm. He is trying to make a purchase but cannot remember the exact bottle of wine his wife wanted him to get. It's 9:05pm when he finally remembers and heads to the cashier. Can he buy this bottle of wine?
Yes -- Sale to Customer in Store at Closing AB Code 22.17
Hours of Consumption
Add 15 Min's too all Hours of Sale

Extended and Regular
It's 2:20am on a Wednesday and Jimmy wants to order one more drink. Stacy the bartender knows she shouldn't but is after that Big tip money so goes ahead and serves him one last drink. Turns out Jimmy is a TABC agent, what is Stacy charged with?
Hours of Sale Penalty -- Class A Misdemeanor
George is three sheets to the wind at a local playground. He has a open can of beer in his hand. Cops show up and charge him with what?
CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS AB 101.75 -- Class C Misdemeanor
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