Texas Bartending License Course
In Texas, the legal definition of intoxication is: 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 having a blood alcohol concentration of ____ or more.
0.08
State at least three features found on the front of a valid Texas Driver's License.
1. A picture of the Texas Capitol building. 2. An 8-digit license number printed in blue or black. 3. Variable rainbow text used on the date of birth. 4. Official's signature overlaps the photo. 5. Fine lines used in images and in the background of the card.
State the three steps to use when checking an ID.
1. Verify that the ID is valid. 2. Match the ID to the person. 3. Check the age of the person to make sure they are 21 years of age or older.
A 5-ounce glass of wine has the same alcohol as a _____ beer.
12-ounce
What is the penalty a minor will face if he or she purchases alcohol?
A fine up to $500, required attendance at an Alcoholic Awareness Course, 8 to 12 hours of community service, and a 30 days driver's license suspension.
A couple is shopping in your store and as they wander around the aisles, you notice that they are laughing and talking loudly. They bring their purchases to the counter, including several bottles of liquor. They are talking clearly and other than laughing loudly are showing no other signs of intoxication. What other things can you do to help decide if you should make the sale?
Any of these would be ways to decide if you should make the sale. Observing your customers and engaging them in conversation will help you determine whether they are intoxicated.
What else might you do or say before deciding if the customer is intoxicated?
Because this customer has just entered your establishment you do not know if she has been drinking elsewhere and if so, how many drinks she has had. She is displaying signs of intoxication, so you should continue to observe her behavior. Asking her questions that require more than a simple yes or no answer can help you determine if she should be served. Think of some other things you can do to help decide if you should make the sale.
A Texas "Under 21" ID or Drivers License cannot be used as proof of age. True or False?
False
If a person shows you an obviously fake ID, you should confiscate it. True or False?
False
In Texas, seller-servers can NOT be found liable for any damages caused by an intoxicated minor if the seller-server served, provided, or allowed the minor to be served or provided alcohol. True or False?
False
The Texas Alcoholic Beverage Code states that a minor is any person under the age of 18. True or False?
False. For the purposes of legal alcohol sales, a minor is considered to be any person under the age of 21.
The Texas Department of Transportation issues driver's licenses in the state of Texas. True or False?
False. In Texas, the Department of Public Safety issues driver's licenses and identification cards.
In general, a man weighing 185 pounds will feel the effects of intoxication quicker than a woman weighing 110 pounds if they both drink the same amount of alcohol in the same amount of time. True or False?
False. It is generally true that a 100 pound woman would feel the effects of alcohol quicker than a man weighing much more. Both gender and body weight are factors that can affect BAC and intoxication.
If a person shows you an obviously fake ID, confiscating it is both legal and recommended. True or False?
False. Private citizens (including sellers and servers) are not allowed to confiscate IDs in Texas.
Anyone who sells, serves, dispenses, or delivers alcoholic beverages for a business that is licensed to sell alcohol is a licensee. True or False?
False. Such a person is known as an employee.
When employees make illegal sales, employers are protected from punishment if they meet specific conditions known as administrative rules. True or False?
False. The set of conditions is known as safe harbor.
The state agency that regulates all phases of the alcoholic beverage industry in Texas is the Division of Alcohol Regulation (DAR). True or False?
False. The state agency is the Texas Alcoholic Beverage Commission (TABC).
State the key observations you should make concerning your customers.
How does the person look? What does the person do? How does the person react? How much alcohol has been purchased or consumed?
Under what conditions are seller-servers not liable for damages caused by an intoxicated minor?
If the minor shows an apparently valid ID issued by a governmental agency that contains a physical description and photograph that matches the minor's appearance and shows him or her to be 21 or older.
What else might you do or say before deciding if the customer is intoxicated?
It can be difficult in an off-premise situation to fully assess someone's level of intoxication. By asking questions, you'll have more time to listen to and observe the customer. Think of other things you can do to help decide if you should make the sale.
State the keys that will unlock the door to responsible service and selling.
Know the law Know your customers Know how and when to say, "No."
At the age of 21, a person is no longer considered a minor for what type of laws?
Laws about alcoholic beverages.
State the exceptions to the laws that make it illegal for a minor to attempt to purchase, purchase, possess, and consume alcohol. A minor can _____.
Legally possess alcohol if he or she is under the supervision of a peace officer in a sting operation. Legally consume alcohol if he or she is in the visible presence of his or her adult parent, guardian, or spouse. Legally possess alcohol if he or she is serving or selling the alcohol as an employee. Legally purchase alcohol when he or she is under the supervision of a commissioned peace officer. Legally taste alcohol if he or she is a student enrolled in certain college courses of study but the minor must spit out the alcoholic beverage.
A bar or restaurant is a public place, so is it legal for a person in your bar or restaurant to be intoxicated to the extent that he or she poses a danger to himself or herself, or to others?
No. A person commits an offense (Class C misdemeanor) if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
If two people walk into your retail store and you can tell that they are intoxicated, is it legal to sell them alcoholic beverages?
No. If you know that the people are intoxicated, it is illegal to sell alcohol to them.
A person walks into your bar or restaurant and is obviously intoxicated. Is it legal to serve him alcoholic beverages?
No. It is illegal to serve alcohol to someone that you know is intoxicated.
If a person drinks alcohol in your bar or restaurant and you know that she has become intoxicated, is it legal to continue to serve her alcoholic beverages?
No. It is illegal to serve alcohol to someone that you know is intoxicated.
A minor asks the bartender for a soft drink and a beer for his adult friend. Is this a legal sale?
No. Minors are not allowed to purchase or attempt to purchase alcohol, even if it is for someone else.
A minor brings a six-pack of beer to the check out and says that she is buying it for her mother. Is this a legal sale of alcohol?
No. Minors are not allowed to purchase or attempt to purchase alcohol.
An adult and a minor approach the bartender. The adult purchases a beer, and then the minor asks for a beer as well. Is this a legal sale?
No. Minors are not allowed to purchase or attempt to purchase alcohol. (If the adult is the minor's parent, guardian or spouse, the minor may be allowed to possess or consume alcohol if the adult is visibly present at all times and there is no written establishment policy prohibiting it.)
A 20-year-old woman has a bottle of wine along with her other groceries that she is purchasing. Is this a legal sale of alcohol?
No. Minors are not allowed to purchase or attempt to purchase alcohol. For the purpose of alcohol sales, a minor is defined as anyone under the age of 21.
An 18-year-old man comes to the check-out counter and asks to purchase a bottle of liquor. Is this a legal sale of alcohol?
No. The legal age to purchase alcohol is 21 or older.
Do the signs of intoxication change if a person takes over-the-counter drugs?
No. The signs of intoxication will remain the same but they may appear more quickly than if the person was not taking medication.
Do the signs of intoxication change if a person is tired or depressed?
No. The signs of intoxication will remain the same but they may appear more quickly than if the person was well rested or not depressed.
According to the male BAC chart, is this man:
Refer to the "Influenced" column in the chart and find the corresponding BAC. The 220-pound man with a BAC of .03 would be possibly impaired.
What else might you do or say before deciding if the customer is intoxicated?
Since you know that the man has had four servings of alcohol in one hour, it would be wise to make a determination of his level of intoxication. To estimate his BAC, you'll need to make your best guess at his weight. He is described as a large man, so 220 pounds is probably a good guess. Using the BAC chart for men, four drinks in one hour would result in a BAC of .07. Think about other things you can do to help decide if you should make the sale.
The state agency that regulates all phases of the alcoholic beverage industry in Texas is the _____.
Texas Alcoholic Beverage Commission (TABC)
A man who weighs approximately 220 pounds has one, 24-ounce glass of beer in one hour. How many standard drinks has he consumed?
The standard serving size for beer is 12 ounces, so a 24-ounce beer is the equivalent of two servings.
A woman in her 50s walks into your bar. On the way in, she stumbles, and weaves slightly as she walks to a table. She sits down heavily and loudly shouts out her drink order to you. She tries to light a cigarette but fumbles with her lighter. Again, she shouts for you to bring her a drink. What signs of intoxication are present?
The woman is displaying several classic signs of intoxication, and her behavior - loudly shouting out her drink order - could also be interpreted as a sign.
In a case where a minor uses a fake ID, purchases, and then drinks alcoholic beverages, how many different sections of the law have been violated?
There are four possible violations: 1. Possession of a fake ID. 2. Misrepresentation of Age by a Minor. 3. Purchase of Alcohol by a Minor. 4. Consumption of Alcohol by a Minor.
A large man in his 40s comes into your restaurant, and along with his meal he orders wine to drink. He drinks four glasses of wine while eating his dinner, over a one hour time period. Between courses of the meal, he visits the rest room and you observe that he is walking straight and steady. After he has finished his meal and wine, he asks to order an after-dinner liqueur. He speaks clearly, without a slur, and he appears alert and clear headed. What signs of intoxication are present?
There are no obvious signs of intoxication observed. The observations presented here do not include any of the obvious behaviors that would indicate intoxication.
A woman approaches the register where you work with a six-pack of beer. You greet her, and she mumbles a reply. She does not make eye contact with you, but you notice that she is having trouble opening her purse to get her money. You ask if there is anything else that she needs, and she slurs her reply. When she looks at you, you notice that her face is flushed and her makeup is very messy. What signs of intoxication are present?
This customer is displaying several signs of intoxication that a responsible seller of alcohol should readily notice.
A customer leaning on his friend as they weave through the aisles of the store could be a sign that a customer is intoxicated. True or False?
True
A customer who rests his head on the table and closes his eyes is a sign that he is becoming intoxicated. True or False?
True
Arguing with intoxicated people is not a good idea because they do not have normal use of their mental faculties. True or False?
True
Criminal negligence is when you should have known the person was a minor, or did not ask for proof of age when you should have. True or False?
True
Even if an intoxicated person has a designated driver, it is not legal to sell alcohol to him or her. True or False?
True
Even when you determine that a customer is intoxicated, do not make judgmental statements such as, "you're drunk." True or False?
True
On-premise sales are when alcoholic beverages are sold by the drink in establishments such as restaurants and bars. True or False?
True
Only government-issued ID with a photograph are acceptable for proof of age. True or False?
True
Seller-servers will not be liable for damages caused by an intoxicated minor if the minor shows an apparently valid ID issued by a governmental agency that contains a physical description and photograph that matches the minor's appearance and shows him or her to be 21 or older. True or False?
True
The Texas Department of Public Safety issues driver's licenses in the state of Texas. True or False?
True
The first step in being a responsible seller and/or server of alcohol is to know the laws in Texas that govern alcohol sales and service. True or False?
True
The penalty a seller-server faces for selling/providing alcohol to a minor is more severe than the penalty the minor will receive. True or False?
True
When refusing a sale in off-premise situations, it is a good idea to remove the alcohol from both the sight and reach of the customer. True or False?
True
A Texas "Under 21" ID or Drivers License can be used as proof of age. True or False?
True. Check the "under 21 Until" date and as long as the date of birth shows the customer's age to be 21 years or older and the Driver's License is still valid, it is a valid ID to purchase alcohol.
What is the penalty for seller-servers for selling alcoholic beverages to a minor with criminal negligence?
Up to a $4,000 fine, confinement in jail for up to 1 year, or both the fine and confinement.
Using the male BAC chart, what is the man's estimated BAC?
Using the male chart, a 220-pound man consuming two drinks in one hour would have a BAC of .03.
What does it mean that a minor has to be in visible presence of his or her adult parent, guardian, or spouse in order to possess and/or consume alcohol?
Visible presence means that the parent, guardian, or spouse has to be in the room at all times while the minor is drinking. If the adult leaves the minor, the drink must be removed from the minor's possession.
A large group is sitting at a table and only one person at the table is an adult. The adult orders a beer and all of the minors order soft drinks; the adult pays the final bill. Is this a legal sale?
Yes. An adult may purchase and consume alcohol with minors present. The adult must not provide alcohol to any of the minors.
The Texas Alcoholic Beverage Code states that a minor is _____.
any person under the age of 21
You must _____ on or before your expiration date in order to remain certified.
attend another training course
If the customer will not accept your refusal of sale/service and begins to appear angry, _____.
be sure to keep your own temper under control.
You, as an employee, are at risk of _____ if you make an illegal sale of alcohol.
being arrested or given a ticket
The measurement of the concentration of alcohol in one's bloodstream, expressed as a percentage is known as _____.
blood alcohol concentration (BAC)
If you illegally sell or serve alcohol to a minor or an intoxicated person, your employer _____.
could lose their license to sell alcohol.
When you should have known the person was a minor, or did not ask for proof of age when you should have and then go on to sell alcoholic beverages to the minor, you have acted with _____.
criminal negligence
When a person fails to meet a standard level of care that an ordinary person under the same conditions would meet (such as checking IDs, calculating age, refusing to over-serve, looking for signs of intoxication) he or she has been _____.
criminally negligent
The person who actually serves, sells, or delivers the alcoholic beverage is responsible for _____.
deciding if people are intoxicated and if the sale of alcohol to them would be illegal
Anyone who sells, serves, dispenses, or delivers alcoholic beverages for a business that is licensed to sell alcohol is a/an _____.
employee
When refusing a sale, be courteous and _____ about your refusal.
firm
Once you complete this TABC seller-server training, your certificate is valid _____.
for two years (unless revoked earlier). To remain certified, you must take the class and exam again on or before the expiration date.
When refusing a sale in off-premise situations, it is a good idea to remove the alcohol _____.
from the sight and reach of the customer
Some over-the-counter drugs combined with alcohol can _____ the rate at which a person becomes intoxicated.
increase
Some over-the-counter drugs combined with alcohol can increase the rate at which a person becomes _____.
intoxicated
Door people, bouncers, floorwalkers, or bartenders can assist with checking IDs and monitoring for intoxication, but the server _____.
is legally responsible and will be the one who receives a violation
Make sure that _____ know when you have refused service to an intoxicated person.
management and other servers
A bumpy surface where alterations were made is a sign that an ID _____.
may be forged
An alcoholic beverage is any drink that has _____ , which is sold or served either alone or when diluted.
more than one-half of one percent of alcohol by volume
Alcoholic beverages sold packaged to go at establishments such as convenience stores and gas stations are known as _____.
off-premise sales
Alcoholic beverages sold by the drink in establishments such as restaurants and bars are known as _____.
on-premise sales
An alcoholic beverage is any drink that has more than _____ of alcohol by volume, which is sold or served either alone or when diluted.
one-half of one percent
Off-premise sales are defined as alcoholic beverages sold _____ at establishments such as convenience stores and gas stations.
packaged to go
Although it is true that for some things people 18 or over are adults, when it comes to laws about alcohol, _____.
people under the age of 21 are considered minors
A person who is very tired or _____ may become intoxicated more quickly.
physically exhausted
If you feel another alcoholic beverage would make the customer intoxicated or possibly intoxicated, _____.
politely refuse service.
As a seller-server of alcoholic beverages, you are responsible for _____ to minors, intoxicated persons, and non-members of private clubs.
preventing the sale of alcohol
In Texas, if someone appears in a public place while intoxicated to the degree that the person may endanger the person or another is known as _____.
public intoxication
With a few very specific exceptions, it is illegal for minors to _____ alcoholic beverages.
purchase, attempt to purchase, consume, or possess
With a few very specific exceptions, it is illegal for minors to _____ alcoholic beverages.
purchase, attempt to purchase, consume, possess
Intervention is a term used in responsible selling and serving for those times when you must _____.
refuse to make a sale of alcohol to a customer
When a person fails to meet a/an _____ that an ordinary person under the same conditions would meet (such as checking IDs, calculating age, refusing to over-serve, looking for signs of intoxication) he or she has been criminally negligent.
standard level of care
If the picture matches the person, but the physical description does not, it is a likely indication that _____.
the ID card may be altered
A mixed drink may include _____.
the amount of alcohol that is in two or three standard drinks
Blood alcohol concentration (BAC) is a measurement of _____.
the concentration of alcohol in one's bloodstream, expressed as a percentage
In Texas, seller-servers can be found liable for any damages caused by an intoxicated minor if _____.
the seller-server served, provided, or allowed the minor to be served or provided alcohol.
In Texas, public intoxication is defined as _____.
to appear in a public place while intoxicated to the degree that the person may endanger the person or another.
An incident log can be helpful _____.
to write down information about the incident for future reference.
A person can be intoxicated even with a BAC below .08 percent; therefore, _____ to confirm intoxication.
watch for signs
