TABC - Alcohol and Beverage Code

Question 1

Definition: __________ means 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.

Answer 1

Alcoholic beverage

Question 2

Definition: ________ means 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.

Answer 2

Distilled spirits

Question 3

Definition: _______ means a malt beverage containing more than four percent of alcohol by weight.

Answer 3

“Ale” or “malt liquor”

Question 4

Definition: _______ means 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.

Answer 4

Beer

Question 5

Definition: _______ means 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 certain nonprofit entity temporary event permits, the holder of a private club registration permit, or the holder of certain retailer late hours certificates.

Answer 5

Mixed beverage

Question 6

Definition: _________ means 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.

Answer 6

Illicit beverage

Question 7

Definition: ______ means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person.

Answer 7

Licensee

Question 8

Definition: _________ means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person.

Answer 8

Permittee

Question 9

Sec. 1.05. GENERAL PENALTY.

(a) 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 $ ____ nor more than $ ____ or by confinement in the county jail for not more than _____ or by both.
(b) The term “specific penalty,” as used in this section, means a penalty which might be imposed as a result of a criminal prosecution.

Answer 9

Sec. 1.05. GENERAL PENALTY.

(a) 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.
(b) The term “specific penalty,” as used in this section, means a penalty which might be imposed as a result of a criminal prosecution.

Question 10

DEFINITION. In this code,

“minor” means

Answer 10

a person under 21 years of age.

Question 11

Definition: _________ means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

Answer 11

Premises

Question 12

Sec. 101.07. DUTY OF PEACE OFFICERS.

All peace officers in the state, including those of cities, counties, and state, _____ _____ the provisions of this code and _______ with and assist the commission in detecting violations and apprehending offenders.

Answer 12

Sec. 101.07. DUTY OF PEACE OFFICERS.

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.

Question 13

Sec. 101.02. ARREST WITHOUT WARRANT.

A peace officer ____ arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer ___ take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.

Answer 13

Sec. 101.02. ARREST WITHOUT WARRANT. 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.

Question 14

Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC.

A peace officer ___ seize without a warrant:

(1) any illicit beverage, its _______, and its ________;
(2) any ______, including an aircraft or watercraft, used to transport an illicit beverage;
(3) any equipment designed for use in or used in _________ an illicit beverage; or
(4) any ________ to be used in manufacturing an illicit beverage.

Answer 14

Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC.

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.

Question 15

Sec. 103.04. ARREST OF PERSON IN POSSESSION.

A peace officer _____ arrest without a warrant any person found in possession of:

(1) an illicit beverage;
(2) any equipment designed for use in or used in manufacturing an illicit beverage; or
(3) any material to be used in manufacturing an illicit beverage.

Answer 15

Sec. 103.04. ARREST OF PERSON IN POSSESSION.

A peace officer may arrest without a warrant any person found in possession of:

(1) an illicit beverage;
(2) any equipment designed for use in or used in manufacturing an illicit beverage; or
(3) any material to be used in manufacturing an illicit beverage.

Question 16

Sec. 103.05. REPORT OF SEIZURE.

(a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in _______ which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be ___________.
(b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state.
(c) One copy of the report ____ be delivered to the person from whom the seizure is made.
(d) A peace officer who makes a false report of the property seized commits a ____ punishable by confinement in the Texas Department of Criminal Justice for not less than ____ years and not more than _____ years.
(e) A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $____ nor more than $___ or by confinement in jail for not less than ____ nor more than ___ days or by both. The commission shall insure that the reports are made by peace officers.

Answer 16

Sec. 103.05. REPORT OF SEIZURE.

(a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be verified by oath.
(b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state.
(c) One copy of the report shall be delivered to the person from whom the seizure is made.
(d) A peace officer who makes a false report of the property seized commits a felony** punishable by confinement in the Texas Department of Criminal Justice for not less than **two** years and not more than **five years.
(e) A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $50 nor more than $100 or by confinement in jail for not less than 10 nor more than 90 days or by both. The commission shall insure that the reports are made by peace officers.

Question 17

Who may issue a search warrant to search for, seize, and destroy or otherwise dispose of in accordance with Ch. 18 CCP.

Answer 17

Any magistrate may issue a search warrant on the affidavit of a credible person, setting forth the name or description of the owner or person in charge of the premises (or stating that the name and description are unknown), the address or description of the premises, and showing that the described premises is a place where this code has been or is being violated.

If the place to be searched is a private dwelling occupied as such and no part of it is used as a store, shop, hotel, boarding house, or for any other purpose except as a private residence, the affidavit must be made by two credible persons.

Question 18

List the items that may be listed for a search warrant

Answer 18

1). an illicit beverage;

2). any equipment or instrumentality used/capable/designed to be used, to manufacture an illicit beverage;

3). a vehicle or instrumentality used or to be used for the illegal transportation of an illicit beverage;

4). unlawful equipment or materials used or to be used in the illegal manufacturing of an illicit beverage;

5). a forged or counterfeit stamp, die, plate, official signature, certificate, evidence of tax payment, license, permit, or other instrument pertaining to this code; or

6). any instrumentality or equipment, or parts of either of them, used or to be used, or designed or capable of use, to manufacture, print, etch, indite, or otherwise make a forged or counterfeit instrument covered by Subdivision (5) of this subsection.

Question 19

What is the difference between a search and an inspection?

Answer 19

Search: location that does not have a license or permit.

Inspection: does not require a peace officer to obtain a search warrant to search premises covered by a license or permit

Question 20

A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required. An offense under this section is a __________.

Answer 20

A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required. An offense under this section is a Class A misdemeanor.

Question 21

Person possesses intoxicating beverage for consumption/sale/distribution while: on the grounds/in a building of a public school; or entering/inside any enclosure/field/stadium where an athletic event sponsored or participated in by a public school is being held.

Defense to prosecution: person possessed the intoxicating beverage: at a performing arts facility; and during an event held outside of regular school hrs and not sponsored or sanctioned by a school district.

An officer who sees a person violating shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to county or district attorney to be held as evidence until the trial of the accused possessor.

An offense under this section is a __________.

Answer 21

Class C misdemeanor

Question 22

ABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.

(a) A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an ____ ____ or an intoxicated or ____ person; or delivers for ____ ____ an alcoholic beverage to an intoxicated person.
(b) violation of this section is a misdemeanor punishable by a fine of $___ - $___, by confinement in jail for _________, or ______.
(c) If a person has prior conviction of a violation is a misdemeanor punishable by a fine of $___ - $___, by confinement in jail for _________, or ______.

Answer 22

ABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.

(a) 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; or delivers for commercial purposes an alcoholic beverage to an intoxicated person.
(b) violation of this section is a misdemeanor punishable by a fine of $100 - $500, by confinement in jail for not more than one year, or by both.
(c) If a person has prior conviction of a violation is a misdemeanor punishable by a fine of $500 - $1,000, by confinement in jail for not more than one year, or by both.

Question 23

Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS.

(a) person possesses an open container or consumes an alcoholic beverage on a public ___, public ___, or public ___ within _____ of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prek - 12 grade.
(b) Does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code.
(c) An offense under this section is a ______________.

Answer 23

Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS.

(a) person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prek - 12 grade.
(b) Does not apply to the possession of an open container or the consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code.
(c) An offense under this section is a Class C misdemeanor.

Question 24

Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT.

Answer 24

(a) No person authorized to sell beer at retail; person’s agent/servant/employee, may engage/permit conduct on the premises which is lewd, immoral, or offensive to public decency, including, any of the following acts:
(1) the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to expose himself or herself;
(3) rudely displaying/permitting a person to rudely display a pistol/other deadly weapon in a manner calculated to disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer’s employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or sexual purposes;
(8) failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic or synthetic cannabinoid or any equipment used or designed for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so.
(b) For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer’s listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath.
(c) In this section, “synthetic cannabinoid” means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code.

Question 25

**Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR.** (a) 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. (b) An offense under this section is punishable as a \_\_\_\_\_\_\_\_\_\_\_\_.

Answer 25

Class C Misdemeanor

Question 26

**Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.** (a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 (PURCHASE OF ALCOHOL BY A MINOR) 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. (b) An offense under this section is punishable as a \_\_\_\_\_\_\_\_\_\_.

Answer 26

Class C Misdemeanor

Question 27

**Sec. 106.03. SALE TO MINORS.** (a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. (b) 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 or identification card issued by the Department of Public Safety, a passport, or a military identification card. (c) An offense under this section is a \_\_\_\_\_\_\_\_\_\_\_\_. (d) Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid.

Answer 27

Class A Misdemeanor

Question 28

**Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR.** (a) A minor commits an offense if he consumes an alcoholic beverage. (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. (c) An offense under this section is punishable as a \_\_\_\_\_\_\_\_\_\_\_\_. (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

Answer 28

Class C Misdemeanor

Question 29

**Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.** (a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage. (b) A minor may possess an alcoholic beverage: (1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; (2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; (3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; or (4) if the beverage is lawfully provided to the minor under Section 106.16 (EXCEPTION FOR CERTAIN COURSE WORK) (c) An offense under this section is punishable as a \_\_\_\_\_\_\_\_. (Does not apply to a minor who....)

Answer 29

Class C Misdemeanor

Question 30

**Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR.** (a) Except as provided in Subsection (b) of this section, 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. (b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if the person is: (1) the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and is visibly present when the minor possesses or consumes the alcoholic beverage; or (2) a person lawfully providing an alcoholic beverage to a minor under Section 106.16. (c) An offense under this section is a \_\_\_\_\_\_\_\_\_\_\_\_. (d) A judge, acting under Chapter 42A, Code of Criminal Procedure, who places a defendant charged with an offense under this section on community supervision under that chapter shall, if the defendant committed the offense at a gathering where participants were involved in the abuse of alcohol, including binge drinking or forcing or coercing individuals to consume alcohol, in addition to any other condition imposed by the judge: (1) require the defendant to: (A) perform community service for not less than 20 or more than 40 hours; and (B) attend an alcohol awareness program approved under Section 106.115; and (2) order the Department of Public Safety to suspend the driver's license or permit of the defendant or, if the defendant does not have a driver's license or permit, to deny the issuance of a driver's license or permit to the defendant for 180 days. (e) Community service ordered under Subsection (d) is in addition to any community service ordered by the judge under Article 42A.304, Code of Criminal Procedure, and must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that the court considers appropriate for rehabilitative purposes.

Answer 30

Class A misdemeanor

Question 31

**Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR.** (a) 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. (b) An offense under this section is punishable as a \_\_\_\_\_\_\_\_\_\_\_\_\_.

Answer 31

Class C misdemeanor

Question 32

**Sec. 11.041. WARNING SIGN REQUIRED.** (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government 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 handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code. (b) The sign must be at least ____ high and ____ 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.

Answer 32

**Sec. 11.041. WARNING SIGN REQUIRED.** (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government 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 handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code. (b) The sign must be at 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.

Question 33

**Sec. 105.05. HOURS OF SALE: BEER.** **Sec. 105.05. HOURS OF SALE: MALT BEVERAGES.** (a) No person may sell, offer for sale, or deliver beer at any time not permitted by this section. (b) A person may sell, offer for sale, or deliver beer between ____ and _____ on any day except Sunday. On _____ he may sell beer between _____ and _____ and between **\_\_\_\_** and **\_\_\_\_**, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between **\_\_\_\_\_** and **\_\_\_\_** if the beer is served to a customer during the **\_\_\_\_\_\_\_\_\_\_** to the customer. (c) In a city or county having a population of **\_\_\_\_** or more, according to the last preceding federal census, or **\_\_\_\_\_** or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on **\_\_\_\_\_\_\_\_\_**, a holder of a retail dealer's on-premise late hours license may also sell, offer for sale, and deliver beer between ______ and ____ on any day. (d) In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) of this section, or any part of the extended hours prescribed in Subsection (c) of this section are effective for the sale, offer to sell, and delivery of beer by a holder of a **retail dealer's on-premise late hours** license: (1) in the **unincorporated areas** of the county if the extended hours are adopted by an **order of the commissioners court**; and (2) in an **incorporated city** or town if the extended hours are adopted by an **ordinance** of the governing body **of the city** or town. (e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code.

Answer 33

**Sec. 105.05. HOURS OF SALE: BEER.** (a) No person may sell, offer for sale, or deliver beer at any time not permitted by this section. (b) A person may sell, offer for sale, or deliver beer between **7 a.m. and midnight** on any day except Sunday. **On Sunday** he may sell beer between **midnight and 1:00 a.m. and between noon and midnight**, except that permittees or licensees authorized to sell for **on-premise consumption** may sell beer between **10:00 a.m. and noon** if the beer is served to a customer during the **service of food** to the customer. (c) In a city or county having a population of **800,000 or more**, according to the **last** preceding federal **census**, or **500,000 or more**, according to the **22nd Decennial** Census of the United States, as released by the Bureau of the Census on **March 12, 2001**, a holder of a **retail dealer's on-premise late hours** license may also sell, offer for sale, and deliver beer between **midnight and 2 a.m. on any day**. (d) In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) of this section, or any part of the extended hours prescribed in Subsection (c) of this section are effective for the sale, offer to sell, and delivery of beer by a holder of a **retail dealer's on-premise late hours** license: (1) in the **unincorporated areas** of the county if the extended hours are adopted by an **order of the commissioners court**; and (2) in an **incorporated city** or town if the extended hours are adopted by an **ordinance** of the governing body **of the city** or town. (e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code.

Question 34

**Sec. 105.06. HOURS OF CONSUMPTION.** (a) In this section: (b) In a **_standard hours area_**, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on **Sunday** between **\_\_\_ and \_\_\_** or on any other day between **\_\_\_ and \_\_\_** (c) In an **_extended hours area_**, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on **Sunday** between **\_\_\_ and \_\_\_** and on any other day between **\_\_\_ and \_\_\_** (d) Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section. (e) An offense under this section is a \_\_\_\_\_\_\_\_\_\_\_\_,

Answer 34

(b) In a _standard hours area_, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between **1:15 a. m. and 12 noon** or on any other day between **12:15 a. m. and 7 a. m**. (c) In an _extended hours area_, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between **2:15 a. m. and 12 noon** and on any other day between **2:15 a. m. and 7 a. m.** (e. ) An offense under this section is a **Class C Misdemeanor.**

Question 35

**Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE.** (a) In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events. (b) Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located in a sports venue may sell alcoholic beverages between **\_\_\_ and \_\_\_;** and (2) a person may consume alcoholic beverages at a sports venue between ___ **and \_\_\_.**

Answer 35

**Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE.** (a) In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events. (b) Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located in a sports venue may sell alcoholic beverages between **10 a.m. and noon;** and (2) a person may consume alcoholic beverages at a sports venue between 1**0 a.m. and noon.**

Question 36

**Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY.** The holder of a winery permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery: (1) between ___ and ___ on any day except Sunday; (2) between ___ and ___ on Sunday; and (3) between ___ and ___ on New Year's Day.

Answer 36

**Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY.** The holder of a winery permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery: (1) between **8 a.m. and midnight** on any day **_except Sunday_**; (2) between **10 a.m. and midnight** on **_Sunday_**; and (3) between **midnight and 2 a.m.** on **_New Year's Day_**.

Question 37

**Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS.** Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located at a festival, fair, or concert may sell alcoholic beverages between **10 a.m. and noon**; and (2) a person may consume alcoholic beverages at a festival, fair, or concert between **10 a.m. and noon.**

Answer 37

**Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS.** Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located at a festival, fair, or concert may sell alcoholic beverages between **\_\_\_ and \_\_\_**; and (2) a person may consume alcoholic beverages at a festival, fair, or concert between **\_\_\_ and \_\_\_.**

Question 38

**Sec. 105.10. PENALTY.** (a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7):(caused, permitted, or allowed any person to consume or be served any alcoholic beverage on the club premises) (1) sells or offers for sale an alcoholic beverage during prohibited hours; or (2) consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours. (b) An offense under this section is a \_\_\_\_\_\_\_\_\_\_.

Answer 38

**Sec. 105.10. PENALTY.** (a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7):(caused, permitted, or allowed any person to consume or be served any alcoholic beverage on the club premises) (1) sells or offers for sale an alcoholic beverage during prohibited hours; or (2) consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours. (b) An offense under this section is a Class A misdemeanor.

Question 39

The Texas Alcoholic Beverage Code can be applied both criminally (to an individual) or civilly, through administrative, actions against a business. Since these are different actions, criminal and civil, **\_\_\_\_\_\_** does not apply and the same event can result in both actions being taken. Generally, administrative actions result in the **\_\_\_** or **\_\_\_** of a license or permit. In most cases, the offending business is able to pay a civil penalty (fine) based upon the number of days of suspension imposed. If a license or permit is cancelled, the licensee or permittee is generally prohibited from obtaining another license or permit for **\_\_\_**.

Answer 39

The Texas Alcoholic Beverage Code can be applied both criminally (to an individual) or civilly, through administrative, actions against a business. Since these are different actions, criminal and civil, **double jeopardy** does not apply and the same event can result in both actions being taken. Generally, administrative actions result in the **suspension or cancellation** of a license or permit. In most cases, the offending business is able to pay a civil penalty (fine) based upon the number of days of suspension imposed. If a license or permit is cancelled, the licensee or permittee is generally prohibited from obtaining another license or permit for **2 years**.

Question 40

The Texas Alcoholic Beverage Commission is the designated agency for filing administrative actions. To successfully prosecute an administrative case the TABC will need the following information: 1. \_\_\_\_\_\_ 2. \_\_\_\_\_\_ 3. \_\_\_\_\_\_ 4. \_\_\_\_\_\_ 5. \_\_\_\_\_\_ 6. \_\_\_\_\_\_ 7. \_\_\_\_\_\_ 8. \_\_\_\_\_\_ 9. \_\_\_\_\_\_ 10. \_\_\_\_\_\_ 11. \_\_\_\_\_\_ 12. \_\_\_\_\_\_

Answer 40

1. Dates/times 2. Location to include Permit or License number 3. Reason for being at licensed premise 4. Primary observation, nature of offense or violation observed 5. Standard for alcohol violations (criminal negligence) 6. Identities of involved persons 7. Statements 8. Evidence 9. Arrest if made 10. Completion of reports 11. Permittee listed on license 12. Licensee listed on license

Question 41

Upon receiving a report from a law enforcement agency, the TABC will begin a separate, parallel investigation, often in conjunction with the reporting agency to determine if administrative action can be taken. TABC will also conduct investigations into incidents involving death or serious bodily injury where intoxication was a contributing factor in order to determine the **\_\_\_\_** of the alcoholic beverage and the **\_\_\_\_\_** of its sale or possession.

Answer 41

Upon receiving a report from a law enforcement agency, the TABC will begin a separate, parallel investigation, often in conjunction with the reporting agency to determine if administrative action can be taken. TABC will also conduct investigations into incidents involving death or serious bodily injury where intoxication was a contributing factor in order to determine the **source** of the alcoholic beverage and the **legality** of its sale or possession.

Question 42

**Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR.** (a) A minor commits an offense if he consumes an alcoholic beverage. an offense under subsection (a.) does not apply to a minor who: \_\_\_\_\_\_\_\_.

Answer 42

**Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR.** (e) Subsection (a) does not apply to a minor who: (1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (2) was the first person to make a request for medical assistance under Subdivision (1); and (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the scene until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel. (f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (1) a health care provider treating the victim of the sexual assault; (2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. (g) A minor is entitled to raise the defense provided by Subsection (f) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (1) reported by the minor under Subsection (f); or (2) committed against the minor and reported by another person under Subsection (f). (h) A minor who commits a sexual assault that is reported under Subsection (f) is not entitled to raise the defense provided by Subsection (f) in the prosecution of the minor for an offense under this section.