Code: Regulations, Offenses,
and Procedures 2026 Exam
Questions and Answers |
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What action can the attorney general take if a credible person reports a
violation of the Alcoholic Beverage Code? - ANSWER ✔✔The
attorney general or a county or district attorney shall begin proceedings
in district court to restrain the person from violating the code.
Can a court issue a restraining order without a hearing under the
Alcoholic Beverage Code? - ANSWER ✔✔Yes, the court may issue a
restraining order without a hearing.
,What happens if a person violates a restraining order or injunction
issued under the Alcoholic Beverage Code? - ANSWER ✔✔The court
shall enter a judgment that cancels any license or permit held by the
person.
How long must a person wait to reapply for a license or permit after it
has been cancelled under the Alcoholic Beverage Code? - ANSWER
✔✔A license or permit may not be issued until the first anniversary of the
cancellation date.
Under what circumstances can a peace officer arrest someone without a
warrant according to the Alcoholic Beverage Code? - ANSWER ✔✔A
peace officer may arrest without a warrant any person observed violating
any provision of the code.
What items can be seized under a search warrant issued for violations of
the Alcoholic Beverage Code? - ANSWER ✔✔Illicit beverages,
equipment used to manufacture illicit beverages, and any forged or
counterfeit instruments related to the code.
What must an affidavit include for a search warrant to be issued under
the Alcoholic Beverage Code? - ANSWER ✔✔It must include the
name or description of the owner, the address of the premises, and
evidence of a violation.
, What is required for a peace officer to search a private dwelling under
the Alcoholic Beverage Code? - ANSWER ✔✔If it's a private dwelling,
the affidavit must be made by two credible persons.
What happens if a person refuses to allow inspection of licensed
premises under the Alcoholic Beverage Code? - ANSWER ✔✔The
person commits a Class A misdemeanor.
Is it necessary to negate an exception in an information or indictment
under the Alcoholic Beverage Code? - ANSWER ✔✔No, it need not
negate an exception, but the defendant may use it as a defense.
What is required for a conviction under the Alcoholic Beverage Code
based on accomplice testimony? - ANSWER ✔✔The testimony must
be corroborated by other evidence connecting the defendant to the
offense.
What is the duty of peace officers regarding the Alcoholic Beverage
Code? - ANSWER ✔✔All peace officers must enforce the provisions
of the code and assist in detecting violations.
What should the county court do when a violation of the Alcoholic
Beverage Code occurs? - ANSWER ✔✔The county court shall
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