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171 BPOA > TABC > Flashcards

TABC Flashcards

1
Q

Define Alcohol?

A

Any beverage containing more than 1/2 of 1 % of alcohol for beverage purposes, either alone or when diluted.

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2
Q

Define Beer?

A

Any malt beverage containing 1/2 of 1 % alcohol by volume and not more than 4% alcohol by weight.

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3
Q

Define Liquor?

A

Any alcoholic beverage containing more than 4% alcohol unless otherwise indicated.

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4
Q

Define Malt Liquor?

A

a MALT BEVERAGE containing greater than 4% alcohol.

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5
Q

Define Wine & Vinous Liquor?

A

The product obtained from the alcoholic FERMENTATION of juice of sound ripe grapes, fruits, berries, or honey. (Includes wine coolers)

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6
Q

Define Distilled Spirits?

A

Alcohol spirits of wine, whiskey, run, brandy, gin or any liquor produced in whole or in part by the process of DISTILLATION.

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7
Q

Define Mixed Beverages?

A

One or more servings of a beverage composed in whole or in part of an alcoholic beverage in a sealed or unsealed container or any legal size for consumption.

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8
Q

What is an Illicit Beverage?

A

Any beverage handled in violation of the Alcoholic Beverage Code. Those that are illegally:

  • manufactured
  • distrubuted
  • bought
  • sold
  • stored
  • etc.
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9
Q

Permit vs. License?

A

A PERMIT authorized the handling of LIQUOR; while a LICENSE authorizes the handling of BEER.

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10
Q

Permittee or Licensee?

A

A person who is the holder of the permit/license. (Also any representative of the business (Doorsman, bartender, busboy, manager, police officer/security) is subject to SAME RULES as person whose name the license is under.)

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11
Q

Licensed Premise

A

Grounds and all buildings, vehicles, etc pertaining to grounds if directly or indirectly under control of same person.

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12
Q

What is prima facia evidence that a beverage is considered liquor?

A

Proof that the beverage contains greater than 4% alcohol by weight.

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13
Q

Wine/Beer Retailer Dealer’s Off Premise Permit…

A

May sell beer, wine, malt liquors not over 17%. (Think 7/11 store) May not consume or knowingly sell to another retailer.

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14
Q

Retail Dealer’s Off Premise Permit

A

May sell beer and wine (Think Supermarkets)

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15
Q

Criminal charge for Consuming at retail store?

A

Class C Misdemeanor (does not include special tastings)

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16
Q

Wine/Beer Retailer’s Permit

A

May sell beer, wine, mart liquor not over 17%. May consume only what they sell.

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17
Q

Beer Retailer’s On Premise License

A

Sale of BEER ONLY! Employees may consume only what they can sell. Customers may BYOB spirits/wines.

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18
Q

Mixed Beverage Permit

A

May sell any time of alcohol/beer by the drink. May consume anything they sell. 7a-midnight M-Sa. Sun. 10a-midnight (with food) or else noon to midnight.

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19
Q

Hours of Sale?

A

Tarrant: Mon-Sat 7a-2a. Sunday 12p-2a (10a-2a with food)

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20
Q

Wine Only Package Store?

A

May sell wine, ale, malt liquor. Must be 16 to work. May NOT consume

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21
Q

Package Store Permit?

A

May sell liquor, malt liquor and wine. If want to sell beer, need a BF too. Hours M-Sa 10-9p No consuming except under certain conditions. Must be 18 to work here except a child of the license holder can work here.

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22
Q

If Christmas or New Years falls on a Sunday, when must the liquor store be closed?

A

The Monday after the holiday.

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23
Q

If you see a sign on the door warning of the crime to consume liquor and you’re making an arrest, what should you do?

A

Take a photo of the sign.

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24
Q

If you notice a BLUE WEAPON sign, what will that do to the penalty?

A

Enhance it to an 3rd Degree Felony (F-3)

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25
Q

What will TABC do if permittee knowing allowed a person to possess a firearm in a building?

A

TABC shall cancel the permit.

26
Q

What is the penalty for an Unlawful Carry of a Weapon?

A

M-A. If on licensed premises, it’s an F-3

27
Q

What are exception to UCW?

A

Security Officer working (in uniform) or Peace Officer

28
Q

What firearms ARE allowed in an establishment?

A

Operations Supervisor (for protection); Ceremonial Display; Concealed Handgun

29
Q

What does a 51% sign mean?

A

NO CWP carriers allowed inside. Sign means 51% of sales are as a result of alcohol sales. Contrasting colors at least 1” high and 51% must be in RED. (Penalty is F-3)

30
Q

What is grace period for drinking after bar stops selling beer?

A

15 minutes after bar closes.

31
Q

If you find somebody drinking during prohibited hours at an establishment, what may you do?

A

Search/Arrest.

32
Q

If you see anybody violating any rule of the TABC, what are your actions as a Peace Officer?

A

Shall take possession if drinking. Take photo as proof and you may then have the violator dump the alcohol.

33
Q

Can you search or inspect an establishment without a warrant?

A

Can’t SEARCH, but MAY INSPECT AT ANY TIME licensed premises. You MUST check to see if license is valid/active to be sure you’re acting in good faith. Any Peace Officer has this right.

34
Q

What must be present if a bar-owner lives in the backroom of a bar and doesn’t want you to inspect it?

A

Bar-owner must have submitted a diagram to TABC showing the living quarters and it must have been approved by TABC. Also, diagram must be posted with license.

35
Q

What standard must you use if you want to conduct an inspection?

A

The REASONABLE STANDARD. If you have a VALID REASON and can ARTICULATE it, you’re good to go.

36
Q

May you kick in the door of an establishment if they refuse an inspection?

A

Technically yes, but unless it’s an exigent circumstance, use common sense as it’s not a generally accepted practice.

37
Q

May you search the purse of somebody in the bar?

A

Only if it’s unclaimed in which case it may be considered Abandoned Property. 4th Amendment against unreasonable search is in effect.

38
Q

May a permittee’s vehicle be inspected while ON PREMISES?

A

Yes if ON premises. But if it’s parked off premises, unless you can articulate why you needed to do so, you may run into issues legally.

39
Q

If you are aware of a weapon for use by the bar owner, what should you do during an inspection?

A

Be discreet about it and don’t highlight it. Machetes and knives may be in place instead of firearms.

40
Q

Is a cash register inspectable?

A

Yes, but you should utilize a witness to be accountable for any cash that is observed.

41
Q

Is a locked door inspectable?

A

Yes. But if it’s not urgent that you get into that room, consider giving a warning to have a key available for next time around.

42
Q

Are file cabinets and desks inspectable?

A

Yes.

43
Q

Are employee lockers inspectable?

A

Must get permission to inspect these, as there is a reasonable expectation of privacy with secure lockers.

44
Q

If a violation occurs, what administrative action may the TABC take, and what is the burden of proof?

A

1st time: 25 day shutdown and $300 per day fine. Burden is Preponderance of the Evidence.

45
Q

What office holds TABC hearings?

A

State Office of Administrative Hearings

46
Q

Information needed for TABC Administrative Action?

A

Include

  1. Date/Time of Offense
  2. Location (address, trade name, permit #)
  3. Reason for being there (inspection, response to complaint, surveillance, etc.)
  4. Observations
  5. Any statements made/evidence seized
  6. Reports
  7. Notate “Please Forward Information to TABC” on report.
47
Q

May TABC inspect an UNLICENSED facility?

A

NO. Must have Search Warrant. TABC will generally run undercover controlled buys 3 times. If illicit beverages, they may be confiscated.

48
Q

For a search warrant in which case alcohol is being sold from a HOUSE, how many signatures are required on the warrant?

A

Two signatures! JUDGE MAY FORGET THIS! It’s YOUR responsibility to remind him/her of this fact.

49
Q

May TABC seize vehicles, airplanes, and boats?

A

Yes, but must ARTICULATE very well to ACTUALLY seize these items. It’s RARE.

50
Q

How many copies of Seizure Reports must be produced when you write one?

A

3 (Triplicates). They will go to:

a. retained by department (notarized)
b. person you are seizing from
c. one stays with seizure

51
Q

If you make a false report (ie: seized 40 cases, but kept 10 and reported you seized 30), what is the penalty?

A

2-5 years in Texas Department of Corrections.

52
Q

What is the penalty for violating a provision of the TABC code in which no specific penalty?

A

$100-1000 / 1 year in jail

53
Q

May an underage son/daughter drink in presence of an adult parent, spouse or court-appointed guardian?

A

YES.

54
Q

When does a minor commit the offense of Purchase/Attempt to Purchase Alcohol by a Minor?

A

When he purchases or attempts to purchase WITH SPECIFIC INTENT. Guidance was given in class to “remember you were young once too” when deciding what to charge the suspect with.

55
Q

What’s a better way to articulate “I detected the odor of alcohol”?

A

Articulate CAREFULLY! It’s better to say “I detected an odor commonly associated with an alcoholic beverage” as alcohol doesn’t actually have an odor.

56
Q

If a minor misrepresents his age, what is the penalty?

A

M/C. This is if the minor falsely STATES or SHOWS any document indicating that he is 21 years of age or older to a person engaged in selling alcoholic beverages.

57
Q

What is punishment for Misrepresentation of Age by Minor?

A

1st Offense

  1. Up to $500
  2. 8-12 hours community service
  3. 30 day license suspension.

2nd offense

  1. same fine
  2. 20-40 hours community service
  3. 60 day license suspension

3rd offense

  1. 180 day license suspension
  2. referral to Juvenile court for Child in Need of Supervision offense
  3. if over 17, goes to M/B and 180 license suspension
58
Q

If a child is charged with DUI, what must you never do with a child who is brought to jail?

A

Put them in the presence of adults in jail.

59
Q

How much alcohol is enough to charge a minor with DUI by Minor/Child?

A

Any detectable amount. If you request a breath specimen, request must be made on video.

60
Q

What is penalty for DUI by Minor/Child?

A

Class-C (plus additional…need to add)

61
Q

How old must you be to conduct STING operations as a child for TABC?

A

15-18 years old with no criminal record.

171 BPOA (20 decks)

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