Texas Alcoholic Beverage Commission (TABC) Questions and Answers 2023

Texas Alcoholic Beverage Commission (TABC) Questions and Answers 2023 Legal Hours of consumption (Extended Hours) (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. (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 Class C misdemeanor. Alcoholic Beverage 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. Illicit Beverage An Alcoholic beverage: Manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of the, (Alcoholic Beverage Code) Licensee A person who is the holder of a license provided in this code (ABC), or any agent, servant, or employee of that person. (i.e., Doorman, Bartender, Busboy, Manager, Police Officer/Security) Permittee A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. Minor Means a person under 21 years of age 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. Duty of Peace Officers All peace officers in the state, including those of cities, counties, and state, SHALL enforce the provisions of this code (ABC) and cooperate with and assist the commission in detecting violations and apprehending offenders. 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 ILLICT BEVERAGES. Seizure of illicit Beverages A peace officer may seize without a warrant; A. Any ILLICIT BEVERAGE, its container, and its packaging B. Any VEHICLE, including an aircraft or watercraft, used to transport an illicit beverage; C. Any EQUIPMENT designed for use in or used in manufacturing an illicit beverage; or D. Any MATERIAL to be used in manufacturing an illicit beverage Report of Seizure A peace officer who makes a seizure under (Seizure of illicit Beverages) 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 shall be verified by Oath A (True) Sec 103.05 Report of Seizure 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. A. True B. False C (Person from whom the seizure was made) Sec 103.05 Report of Seizure A copy this type of report Shall be delivered to the __________. A. TABC Detective B. Any body that works there C. The person from whom the Seizure was made D. Both A and C A. (2 years not more than 5 years) Sec 103.05 Report of Seizure 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. A. 2 years not more than 5 years. B. 3 years including 500 dollar fine C. 5 years not more than 10 years. D. 5 years only no Fine A (True) Sec 103.05 Report of Seizure 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. A. True B. False Possession of Intoxicants on Public School Grounds (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while 1. on the grounds or in a building of a public school; or 2. 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. An offense is a Class C Misty B (False. An officer SHALL immediately seize) (Possession of Intoxicants on Public School Grounds) An officer of this state who sees a person violating this section may immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor. A. True B. False Consumption of Alcoholic Beverages Near Schools. A person commits this 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, that provides all or any part of prekindergarten through twelfth grade. (B) This section 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 provision of this code. (C) An offense under this section is a Class C Misty Purchase of Alcohol by 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 immedidate supervison of a commissioned peace officer engaged in enforcing the provisions of this Code. (b) an offense under this section is a Class C misty D ( All of the Above) Sec. 106.071 Punishment for Alcohol-Related offense by Minor. If it is shown at the trial of the defendant that defendant is a minor who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: A. A fine of not less that $250 or more than $2,000 B. confinement in jail for a term not to exceed 180 days; C. Both Fine and Confinement D. All of the Above Sale of Alcohol to a minor A person commits this offense if with criminal negligence he sells an alcoholic beverage to a minor Class A misty A (True) Sale of Alcohol to a minor A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 year old or older by displaying an apparently valid proof of ID that contains a physical description and photograph consistent with the minor's appearing, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. A. True B. False Consumption of alcohol by minor A minor commits an offense if he consumes an alcoholic beverage. Class C Misty B (False, it IS an affirmative defense to prosecution) Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. It is not 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. A. True B. False A. True Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. 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. A. True B. False Driving under the influence of Alcohol by minor (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. F (You can receive the fine, Jail time or both) Section 106.041 Driving under the influence of Alcohol by minor If is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by. A. A Verbal Warning B. A fine of not less than $500 or more than $2,000 C. jail for a term not to exceed 180 days D. both the fine and confinement E. None of the Above F. B, C, and or D G. Elephant In Addition to any Fine or Jail Time ( DUI of Minor) the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or (2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. (f) 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 or deferred adjudication. (g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction 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. (i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged. (j) In this section: (1) "Child" has the meaning assigned by Section 51.02, Family Code. (2) "Motor vehicle" has the meaning assigned by Section 32.34(a), Penal Code. (3) "Public place" has the meaning assigned by Section 1.07, Penal Code. (4) "Watercraft" has the meaning assigned by Section 49.01, Penal Code. Attempt to purchase alcohol by minor . (a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 (Purchase of Alcohol by 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 provided by Section 106.071. Class C Possession of alcohol by minor A minor commits an offense if he possesses an alcoholic beverage. Yes Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. It is ok for a minor to possess an alcoholic beverage while in the course and scope of the minor's employment if the minor is an employee of a licensee or permitee and the employment is not prohibited by this code? Purchase for or furnishing alcohol to a minor A person commits an offense if he purchases an alcoholic for or gives or makes available an alcoholic beverage to a minor with criminal negligence. Class A Misty Only Ok if the minor's adult parents give it to him, and are visibly present. Misrepresentation of age by minors. A minor commits an offense if he falsely states that he is 21 or older presents any documents that indicates he is 21 or older to a person engaged in selling or serving alcoholic beverages. Class C Misty False ( According to section 106.03 Sale of alcohol to a minor, they are not held liable if a minor falsely represents him/herself) Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR Regardless if the minor lied, the person selling him/her the beer could be held liable for criminal charges as well. A. True B. False