BPOC Alcoholic Beverage Code

Package liquor stores may not sell liquor on

Sundays.

Christmas Day.

New Year's Day.

Thanksgiving Day.

Under the ABC Code, "minor" means anyone under ______ years of age.

21

To knowingly sell an alcoholic beverage to a minor is a _______________.

misdemeanor.

In Texas persons may purchase, possess, and consume alcoholic beverages if they are

twenty-one or older.

A minor wants to purchase an alcoholic beverage. The minor goes to a beer store, takes a six pack to the counter, and attempts to pay the clerk for the beer. When the clerk asks for identification, the minor leaves the beer and the store without saying anything. What crime, if any, was committed.

Attempt to purchase alcohol by a minor.

Which of the following is an "illicit beverage" within the meaning of the Alcoholic Beverage Code?

A bottle of tequila on which an imposed state tax has not been paid

3 multiple choice options

A mixed beverage permittee may sell and offer for sale mixed beverages between 7a.m. and midnight on any day except

Sunday

More than one-half of one

Under the ABC Code, "alcoholic beverage" means alcohol, or any beverage containing _____________ percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

A peace officer may seize without a warrant

- any vehicle, including an aircraft or watercraft, used to transport an illicit beverage

any illicit beverage, its container, and its packaging

- any equipment designed for use in or used manufacturing an illicit beverage

- any material to be used in manufacturing an illicit beverage

The holder of a wine only package store permit may employ a person to work in any capacity if that person is at least

16 years of age

In Texas liquor cannot legally be sold

before 10:00 A.M. and after 9:00 P.M.

A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley or public sidewalk within ______ feet of the property line of a facility that is a public or private schools

1,000

A minor commits an offense if he consumes an alcoholic beverage. It should be noted that it is an affirmative defense to prosecution under the ABC Code if the alcoholic beverage was consumed in the visible presence of the minor's ______________.

All listed

3 multiple choice options

A liquor store may not sell liquor before

10am

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. What is the name and class of the offense?

Misrepresentation of Age by Minor Class C

A minor commits an offense if he possess an alcoholic beverage. What is the name and class of the offense?

Minor in Possession Class C

A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. What is the name and class of the offense?

Driving Under the Influence Class C

A minor commits an offense if the minor purchases an alcoholic beverage. What is the name and class of the offense?

Purchase of Alcohol by Minor Class C

A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to affect the commission of the offense intended. What is the name and class of the offense?

Attempt to Purchase Alcohol by Minor Class C

A offense for the violation of consumption hours is a Class _____________?

Class C misdemeanor for the patron.

A peace officer may arrest _________ __________ ___________ any person he observes violating any provision of the Alcoholic Beverage Code or any rule or regulation of the Alcoholic Beverage Commission.

Without a Warrant

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. What is the name and class of the offense?

Purchase of Alcohol for a Minor Class A

A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held. What is the name and class of the offense?

Possession of Intoxicants of Public School Grounds Class C

1. A person commits an offense if the 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, which provides all or any part of prekindergarten through 12th grade. What is the name and class of the offense?

Consumption of Alcoholic Beverages Near Schools Class C

A person commits an offense if with criminal negligence he sells an alcoholic beverages to a minor. What is the name and class of the offense?

Sell of Alcoholic Beverage to a Minor Class A

"Minor" as defines by TABC:

Under the age of 21

Define "Licensee":

1. holder of the license and/or

2. any member of partnership or association or each officer, majority ownership interest of a corporate holder any agent, servant or employee of the license holder

Define "Permittee":

1. holder of the permit and/or

2. any member of partnership or association or each officer, majority ownership interest of a corporate holder any agent, servant, or employee of the permit holder

Define "Alcoholic Beverage":

beverage containing more than ½ of 1 % alcohol by volume

_______ peace officers in the state, including those of _______, __________, and _______ level shall enforce the provisions of the Alcoholic Beverage Code and cooperate with and assist the commission in detecting violations and apprehending offenders.

ALL

CITIES

COUNTIES

STATE

Define "Illicit Beverage":

Any beverage handled in violation of the Alcohol Beverage Code. Includes beverages that are illegally manufactured, distributed, bought, sold, processed, stored, possessed, imported, or transported. Beverages on which a state tax has not been paid or the required stamp affixed are also illicit.

As provided by the Alcoholic Beverage Code, what 4 things may a peace officer 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.

What conditions must be met for beer or mixed drinks can be served between 10am and 12 noon on a Sunday?

1. The alcohol must be served with food: Alcoholic beverages can be sold between 10:00 AM and 12:00 PM on Sundays only if they are served with the service of food.

2. Location: This rule applies to licensed establishments such as restaurants, bars, or venues that hold a mixed beverage permit.

Each holder of a license who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the license 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 concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code. The sign must be at least ______ high and _____ wide, must appear in _______ colors, and shall be displayed in a conspicuous manner _______ ________ to the public.

6 inches

14 inches

Contrasting

Clearly VISIABLE

Except as provided for the sale of mixed beverages or beer, when may no person sell, offer for sale, or deliver any liquor? Texas Alcoholic Beverage Code, Section 105.10

1. no person may sell, offer for sale, or deliver any liquor:

i. on New Year's Day, Thanksgiving Day, or Christmas Day;

ii. on Sunday; or

iii. before 10 a.m. or after 9 p.m. on any other day.

When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following Monday.

In an extended hours area, a person commits an offense if he consumes or possess with intent to consume an alcoholic beverage in a _____ place at any time on Sunday between _______ and _______ on any other day between ______ and ______.

Public

2:15am & 12:00pm

2:15am & 7:00am

List 8 pieces of information needed to file an administrative action with TABC:

Complainant Information

Respondent Information

License/Permit Number

Description of Violation

Evidence

Witness Information

Previous Complaints

Desired Outcome

The commission or administrator may suspend for not more than _______ or _____ an original renewal retail dealer's on or off premise license if it is found, after notice or hearing, that the licensee: (1) violated a provision of this code or a rule of the commission during the existence of the license sought to be cancelled or suspended or during the immediately preceding license period.

60 Days or Cancel

Define "Premises":

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

What is the penalty for a peace officer that fails to file the reports of a seizure as required by the Alcoholic Beverage Code?

1. Misdemeanor fine not less than $50 no more than $100 and/or

2. county jail not less than 10 nor more than 90 days

Top 6 Public Safety Violations:

1. Minors

2. Intoxication

3. Drugs

4. Breaches of the Peace

5. Prohibited Hours

6. Human Trafficking