Alcohol Awareness Quarterly Training Review

This training serves as a roadmap to deter violations and promote voluntary compliance with the Texas Alcoholic Beverage Code through education and training. It is designed to give Rodeo managers and employees the knowledge, skills and abilities to help employees provide responsible alcohol sales and service, and to deter violations.

State Law on Identification

Texas state law does not require that a person over 21 provide any identification to purchase alcohol in Texas. There is nothing in the law that declares specific forms of ID as “valid” for an alcohol purchase.

However, 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 apparently valid proof of identification that:

  • contains a physical description and photograph consistent with the minor's appearance;

  • purports to establish that the minor is 21 years of age or older; and

  • was issued by a governmental agency.

The proof of identification may include a driver's license issued by any state, a U.S. passport, a military identification card or any other ID issued by a state or the federal government.

For that reason, since store clerks, wait staff, and bartenders can be held criminally liable for selling alcohol to a minor, Rodeo requires a photo ID issued by a governmental agency, to prove that the person really is 21.

A store, bar or restaurant might or might not sell alcohol to a person with an expired driver's license, a foreign passport or other ID. What's acceptable in any establishment is a matter of that establishment's private business policies. 

If the patron is obviously over 21, the establishment may not require any ID at all.

*Refer to Rodeo Security Training Manual for employee policy

Rodeo Identification Practices

Every customer entering a Rodeo Establishment MUST provide proof of 21+ identification. NO EXCEPTIONS!

Responsible Service Reminders

  • The Texas Alcoholic Beverage Code requires sellers and servers to refuse alcoholic beverage service to overly intoxicated persons and minors.

  • These public safety violations may result in the cancellation or suspension of the establishment’s license or permit to sell alcoholic beverages.

  • You may also be held civilly liable for selling or serving alcoholic beverages to an individual if:

(1) at the time the provision occurred, it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and

(2) the intoxication of the recipient was the proximate cause of the damages suffered

Texas Alcoholic Beverage Code §2.02

  • A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an intoxicated person.

Texas Alcoholic Beverage Code §101.63(a)

You could receive up to:

  • $1000 fine; and/or 

  • One year in jail.

Fake ID’s

Rodeo avoids alcohol sales to underage persons. Youth, however, particularly those of college age, can be devious when in pursuit of alcohol. Many don't hesitate to use false or fake ID's, and unfortunately, technological advances have made high quality fake ID's relatively easy to create and even easier to acquire.

The use of fake ID's to misrepresent one's age, while attempting to buy an alcoholic beverage, is a violation of the Texas Alcoholic Beverage Code. The possession, use, manufacture, or distribution of fake ID's is a violation of other state laws. The possession, use, manufacture, or distribution of counterfeit ID's violates both state and federal law.

  • A person commits an offense if the person with criminal negligence sells an alcoholic beverage to a minor.

Texas Alcoholic Beverage Code §106.03(a)

You could receive up to:

  • $4000 fine; and/or 

  • One year in jail.

  • Drivers license immediately suspended for 180 days

Steps to Responsible Alcohol Beverage Service

  • Be committed to the responsible service of alcoholic beverages.

  • Do NOT serve an alcoholic beverage to anyone who is intoxicated

  • Do NOT serve alcoholic beverages to anyone to the point of intoxication

  • Do NOT drink alcoholic beverages while working

  • Do NOT serve an alcoholic beverage to anyone under the age of 21 years

  • Carefully check identification of anyone who appears to be under 30 years of age

  • Urge any intoxicated customer wishing to leave an establishment to use alternative transportation

  • Always observe the customer and evaluate the sale/service of alcoholic beverages

  • Inform law enforcement authorities when intervention attempts with minors or intoxicated persons fail.

Signs of Intoxication:

-Slurred speech

-Mental confusion 

-Impaired balance 

-Impaired motor ability 

-Bloodshot eyes 

-Dishevelment

-Smell of alcohol

-Signs of past or present incontinence or nausea

Responsible Marketing Practice

On-Premises Promotions

It is illegal to:

  • Engage in any promotion that would encourage excessive consumption of alcoholic beverages;

  • Sell, serve or offer to serve more than two drinks to a single consumer at one time. 

Texas Alcoholic Beverage Commission Rule §45.103

It is legal to:

  • Sell, serve or deliver alcoholic beverages in pitchers, carafes, buckets or similar containers (bottles) to two or more consumers at one time;

  • Sell a bottle of liquor to two or more guests, as long as guests don’t become intoxicated.

Off-Premises Promotions

  • Place alcoholic beverage displays in locations that are conducive to assisting responsible sales.

  • Choose promotions that don’t specifically target minors.

  • Station single boxes and promotions in a location that is easily monitored for shoplifting and loitering by a minor.

Remember:

  • Retailers must be able to watch and control the consumption of alcohol by consumers.

  • The retailer is responsible for consumer over-consumption.

  • Wait staff must monitor customers carefully to prevent excessive consumption.

  • Any unconsumed liquor must be destroyed. It can’t be re-sold or taken home. 

TABC Safe Harbor

If an employee sells, serves, dispenses or delivers an alcoholic beverage to a non-member of a private club, a minor or an intoxicated person, the holder of a permit or license may qualify for Safe Harbor if the following six criteria are met:

  • The person selling is not the owner or an officer of the company;

  • The person selling 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 ensures that each employee has read and understands these policies;

  • The employer does not directly or indirectly encourage the employee to violate the law; and

  • There are not more than three of these types of violations within a twelve month period. 

REMEMBER:

If an illegal sale is made, the seller or server might be arrested and fined up to $4,000 but the company’s permit/license may be protected.

TABC Routine Inspections

TABC agents routinely inspect licensed premises and inspect or patrol other locations looking for violations of the Alcoholic Beverage Code and other state laws. 

These inspection and patrol activities constitute a major portion of the TABC's overall enforcement effort and result in a substantial share of the criminal and administrative violations found by enforcement agents.

Licensed Premises

TABC regulates the alcoholic beverage industry in Texas in part by conducting inspections of licensed retail locations. The agency strives to inspect all licensed premises at least once a year. 

TABC enforcement agents and compliance auditors conduct inspections for the following purposes:

  • Unique inspections are conducted to evaluate a location that has not yet been inspected during the current fiscal year. 

  • Complaint investigations are conducted to investigate a complaint.

  • Risk-based inspections are conducted at licensed locations that have been the site of public safety violations in the past 12 months. These locations are referred to as Priority Locations.

  • Other inspections may be conducted on a routine basis to facilitate other investigations or operations.

TABC Risk-Based Inspections & Priority Locations When a licensed establishment is involved in certain administrative or criminal violations, it indicates a risk to public safety. TABC refers to these breaches of the law as “public safety violations,” and they include incidents involving:

  • Minors;

  • Intoxicated Persons;

  • Drugs;

  • Breaches of the Peace (fighting); and

  • Sales or consumption of alcoholic beverages during prohibited hours.

A location that is cited for a public safety violation is included on the agency’s Priority List, and risk-based inspections are conducted to ensure that the Priority Location complies with the law.

If an agent issues more than one citation on one occasion, this will only count as one violation for the purpose of the priority list.

TABC’s Enforcement Division monitors the occurrence of these public safety violations. Agents will work with license and permit holders in an effort to eliminate the public safety risk.

How often can a Priority Location expect to be inspected?

PRIORITY ONE. A location will be classified as priority one when an agent issues an administrative notice for a public safety violation.

  • A location classified as Priority One will be inspected at least once every 14 days until it has undergone three inspections with no public safety violations found. At that time, the location will become a Priority Two.

PRIORITY TWO. A location will be classified as priority two when:

  • the location was previously classified as priority one and completes three consecutive inspections in which no additional public safety violations are found;

  • the location was previously classified as priority three and an agent issues one or more additional citations for a public safety criminal violation committed on the licensed premises; or 

  • the location is not classified as a priority location and an agent issues a citation for a public safety criminal violation committed on the licensed premises (felony committed by any person, or class A or B misdemeanor committed by the permittee).

  • A location classified as Priority Two will be inspected at least once a month until six months have passed since the last public safety violation. At that time, the location will become a Priority Three.

PRIORITY THREE. A location will be classified as priority three when:

  • the location was previously classified as priority two and it has been six months since the last public safety violation; or

  • the location was not previously classified as a priority location and an agent issues a citation for a public safety criminal violation committed on the licensed premises (misdemeanor usually committed by someone other than the permittee).

  • A location classified as Priority Three will be inspected at least once every three months until it has been 12 months since the last public safety violation. At that time, the location will drop off the Priority List.

Inspections may be conducted in an open or undercover capacity.