tabc

If one violation takes place for safe harbor the company is not protected

Criminal action may be taken against the employee; The owner or manager may be required to complete an affidavit stating that they have met all the requirements; The owner or manager will be required to provide the names, social security numbers, and dates of birth of all employees so that the affidavit can be verified. TABC will verify the certification of the employees.

breaking the law

If you are charged with breaking the laws concerning the sale of alcohol, your seller-server certification can be revoked. First offense - you must take this class and exam again to be recertified within the first 30 days after the offense. Second offense within 12 months - you may not be recertified for 90 days. Third offense in 12 months - you may not be recertified for 12 months.

"Intoxication"

Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or (2) having a blood alcohol concentration of 0.08 or more.

Your seller-server certificate can also be revoked by TABC if you:

Provide false information. Do not successfully pass the final exam.

In order for your employer's license to be protected:

The person selling/serving is not the owner or an officer of the company; The person selling/serving holds a current seller-server training certificate from a TABC approved school; All employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers, are certified within 30 days of their hire date; The employer has written policies for responsible alcohol service and consumption and ensures that each employee has read and understands these policies; The employer does not directly or indirectly encourage the employee to violate the law.

"Public Intoxication"

appear in a public place while intoxicated to the degree that the person may endanger the person or another. [Penal Code Sec. 49.02]

Safe Harbor

telling establishments across the state of Texas that if one of their employees is charged with selling alcohol to a minor or intoxicated person, the TABC will not revoke the establishment's license or permit to sell alcohol as long as certain standards are met.

minor

under age 21

"Criminal Negligence"

when a person fails to meet a standard level of care that an ordinary person under these conditions would meet, e.g. checking IDs, calculating age, refusing to over-serve patrons, and looking for signs of intoxication.