TABC Terms

Alcoholic Beverage

An alcoholic beverage is 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. [Texas Alcoholic Beverage Code Sec. 1.04 (1)] Alcoholic beverages may be sold by the drink for on-premise consumption in establishments such as restaurants and bars. Alcoholic beverages are also sold packaged for off-premise consumption in establishments such as convenience stores, gas stations, grocery stores, or liquor stores. Common alcoholic beverages include beer, malt liquor, wine, wine coolers, distilled spirits, mixed drinks, and cocktails. Other beverages, such as tonic water, seltzer, and "virgin" drinks, are not alcoholic beverages.

Blood Alcohol Concentration

Blood alcohol concentration (BAC) is a measurement of the amount of alcohol in the bloodstream expressed as a percentage. For example, if someone has a BAC of 0.10 percent this means that the person has one part chemical alcohol with 1000 parts blood fluids.

BAC Chart

A BAC chart is a chart that is used to help estimate a person’s blood alcohol concentration.

Criminal Negligence

Criminal negligence is when a person fails to meet a standard level of care that an ordinary person under these conditions would meet, for example, checking IDs, calculating age, refusing to over-serve patrons, and looking for signs of intoxication. [Penal Code Sec 6.03] This course will teach you what the standard levels of care are to help prevent you from being criminally negligent.

Dram Shop Act

Dram Shop Act refers to the law governing the civil liability of a provider who sells/serves/provides alcoholic beverages; including, but not limited to licensees or permitees. Civil liability allows a person(s) who is injured or suffers property damage to sue the provider in civil court.

Employee

Anyone who sells, serves, dispenses, or delivers alcoholic beverages for a business that is licensed to sell alcohol is considered an employee of that business. This also includes anyone who immediately manages, directs, supervises, or controls the sale or service of alcoholic beverages. (Employee does not include officers of a corporate permittee/licensee who does not manage, direct, supervise, or control the sale or service of alcoholic beverages.) [Texas Alcoholic Beverage Commission Administrative Rules Sec. 50.2 (4)]

Intoxication

Intoxication is defined as 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 an alcohol concentration of 0.08 or more. [Penal Code Sec. 49.01]

Minor

A minor is a person under the age of 21. [Texas Alcoholic Beverage Code Sec. 106.01]

On-Premise Sale

On-premise sales are when alcoholic beverages are sold by the drink in establishments such as restaurants and bars.

Off-Premise Sale

Off-premise sales are defined as alcoholic beverages sold packaged "to go" at establishments such as convenience stores, gas stations, grocery stores, or liquor stores.

Public Intoxication

Public intoxication is defined as appearing in a public place while intoxicated to the degree that the person may endanger the person or another. [Penal Code Sec. 49.02]

Sec. 106.01

Provisions Relating to Age: In this code, "minor" means a person under 21 years of age.

Sec 106.02

Purchase of Alcohol by a Minor: 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.

Sec 106.025

Attempt to Purchase Alcohol by a Minor: 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 effect the commission of the offense intended.

Sec 106.04

Consumption of Alcohol by a Minor: A minor commits an offense if he consumes an alcoholic beverage. 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.

Sec 106.05

Possession of Alcohol by a Minor: In this code, "minor" means a person under 21 years of age.

Sec. 106.07

Misrepresentation of Age by a Minor: 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.

Sec. 106.71

Punishment for Alcohol Related Offense by a Minor: This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07. Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor. 1. the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for: a. not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or b. not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and 2. the court shall order the Department of Public Safety to suspend the driver’s license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver’s license or permit, to deny the issuance of a driver’s license or permit for: a. 30 days, if the minor has not been previously convicted of an offense to which this section applies; b. 60 days, if the minor has been previously convicted once of an offense to which this section applies; or c. 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.

Sec. 106.03 (A)

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 Class A misdemeanor. 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.

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 he is the minor’s adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage. C. An offense under this section is a Class A misdemeanor.

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Sanctions Against Retailer: A. Except as provided in Subsections (b) and (c) of this section, the commission or administrator may cancel or suspend for not more than 90 days a retail license or permit or a private club registration permit if it is found, on notice and hearing, that the licensee or permittee with criminal negligence sold, served, dispensed, or delivered an alcoholic beverage to a minor or with criminal negligence permitted a minor to violate Section 106.04 or 106.05 of this code on the licensed premises. NOTE: Sec. 106.13(a) applies to all retail licenses and permits, including private club registration permits, irrespective of whether they hold a food and beverage certificate. B. For a second offense the commission or administrator may cancel the license or permit or suspend it for not more than six months. For a third offense within a period of 36 consecutive months the commission or administrator may cancel the permit or suspend it for not more than 12 months. C. The commission or administrator may relax the provisions of this section concerning suspension and cancellation and assess a sanction the commission or administrator finds just under the circumstances if, at a hearing, the licensee or permittee establishes to the satisfaction of the commission or administrator: a. that the violation could not reasonably have been prevented by the permittee or licensee by the exercise of due diligence; b. that the permittee or licensee was entrapped; or c. that an agent, servant, or employee of the permittee or licensee violated this code without the knowledge of the permittee or licensee.

Sec. 106.03 (B)

Sale to Minors: 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.

Sec. 521.453

Fictitious License or Certificate (Texas Transportation Code): A person under the age of 21 years commits an offense if the person possesses, with the intent to represent that the person is 21 years of age or older, a document that is deceptively similar to a driver’s license or a personal identification certificate unless the document displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height. For purposes of this section, a document is deceptively similar to a driver’s license or personal identification certificate if a reasonable person would assume that it was issued by the department, another agency of this state, another state, or the United States.

Sec. 521.456

Delivery or Manufacture of Counterfeit Instrument (Texas Transportation Code): A person commits an offense if the person possesses with the intent to sell, distribute, or deliver a forged or counterfeit instrument that is not printed, manufactured, or made by or under the direction of, or issued, sold, or circulated by or under the direction of, a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a Class A misdemeanor. A person commits an offense if the person manufactures or produces with the intent to sell, distribute, or deliver a forged or counterfeit instrument that the person knows is not printed, manufactured, or made by or under the direction of, or issued, sold, or circulated by or under the direction of, a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a felony of the third degree. A person commits an offense if the person possesses with the intent to use, circulate, or pass a forged or counterfeit instrument that is not printed, manufactured, or made by or under the direction of, or issued, sold, or circulated by or under the direction of, a person, board, agency, or authority authorized to do so under this chapter or under the laws of the United States, another state, or a Canadian province. An offense under this subsection is a Class C misdemeanor. For purposes of this section, "instrument" means a driver’s license, driver’s license form, personal identification certificate, stamp, permit, license, official signature, certificate, evidence of fee payment, or any other instrument.

Sec. 521.451

General Violation (Texas Transportation Code): Except as provided by Section 521.452, a person may not: 1. display, cause or permit to be displayed, or have in the person’s possession a driver’s license or certificate that the person knows is fictitious or has been altered; 2. lend the person’s driver’s license or certificate to another person or knowingly permit another person to use the person’s driver’s license or certificate; 3. display or represent as the person’s own a driver’s license or certificate not issued to the person; 4. possess more than one currently valid driver’s license or more than one currently valid certificate; or 5. in an application for an original, renewal, or duplicate driver’s license or certificate: a. provide a false name, false address, or a counterfeit document; or b. knowingly make a false statement, conceal a material fact, or otherwise commit fraud.

Sec. 49.02

Public Intoxication (Texas Penal Code): A. A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. 1. For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. B. It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician. C. Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. D. An offense under this section is not a lesser included offense under Section 49.04. E. An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

Sec. 101.63

Sale to Certain Persons (Texas Alcoholic Beverage Code): A. A person commits an offense if the person with criminal negligence sells an alcoholic beverage to a habitual drunkard or an intoxicated or insane person. B. Except as provided in Subsection (c) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both. C. If a person has been previously convicted of a violation of this section or of Section 106.03 of this code, a violation is a misdemeanor punishable by a fine of not less than $500 or more than $1,000, by confinement in jail for not more than one year, or by both.

Sec. 104.01

Lewd, Immoral, Indecent Conduct (Texas Alcohol Beverage Code): No person authorized to sell beer at retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, 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 person or permitting a person to expose his person; 3. rudely displaying or permitting a person to rudely display a pistol or 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 his 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

Gender and Intoxication

On average it takes a woman’s body longer to metabolize one drink than the average male. It may take a man 1.5 hours, and a woman 2.5 hours to metabolize one drink.

Body Type/Weight vs. Intoxication

In general, the more a person weighs the more alcohol they can consume before becoming intoxicated. Remember this is just an estimate and other factors may determine the actual level of intoxication.

Muscle/Fat Ratio and Intoxication

Body fat doesn’t absorb alcohol. Instead it forces the alcohol to remain in the bloodstream until the liver can break it down. Because of this, a more muscular person would have a lower BAC compared to a person with more fat.

Type/Timing and Intoxication

The amount of food and type of food in the stomach determines how fast the alcohol is absorbed into the bloodstream. Foods with a high fat content, such as meats or cheeses, are a wise choice since these foods are metabolized at a slower rate.

Fatigue and Intoxication

A person who is fatigued, emotionally upset, or in poor health may become intoxicated more quickly and will retain alcohol longer.