TABC – Powerpoint Exam 2023 Questions and Answers (Graded A)

TABC – Powerpoint Exam 2023 Questions and Answers (Graded A) 1. "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- ALCOHOLIC BEVERAGE 2. "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." This includes spirit coolers that may have an alcohol content as low as 4% alcohol by volume. - Answer- DISTILLED SPIRITS 3. A malt beverage containing over 4% of alcohol. - Answer- Ale or Malt Liquor 4. 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- Beer 5. One or more servings of a beverage composed in whole or in 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 a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a daily mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit. - Answer- Mixed Beverage 6. ANY BEVERAGE HANDLED IN VIOLATION OF THE ALCOHOLIC BEVERAGE CODE - Answer- ILLICIT BEVERAGE 7. Beverages that are illegally: manufactured distributed bought sold processed stored possessed imported transported - Answer- ILLICIT BEVERAGE 8. Beverages on which a state tax has not been paid and to which the tax stamp, if required, has not been affixed. - Answer- ILLICIT BEVERAGE 9. A person who is the holder of a license provided for in this code, or an agent, servant, or employee of that person. - Answer- LICENSEE 10. A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person - Answer- PERMITEE 11. Who is actually a permittee or a licensee? - Answer- Doorman Bartender Busboy Manager Police Officer/Security 12. 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 $1000 or by confinement in the county jail for not more than one year or by both. - Answer- GENERAL PENALTY 13. A penalty which might be imposed as a result of a criminal prosecution and the section of the code you are dealing with will state what the penalty for that offense is. - Answer- SPECIFIC PENALTY 14. A person younger than 21 years of age - Answer- Minor TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (a) In this code, "_____________" 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- premises TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (b) (1) Subject to the approval of the commission or the administrator, and except as provided in Subsection (c) of this section, an applicant for a ___________ or license may designate a portion of the grounds, buildings, vehicles, and appurtenances to be ___________ from the licensed premises. - Answer- permit; excluded TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (b) (2) If such a designation has been made and approved as to the holder of a license or permit authorizing the sale of alcoholic beverages at _________ or as to a private club registration permit, the sharing of space, employees, business facilities, and services with another business entity (including the permittee's lessor, which, if a corporation, may be a domestic or foreign corporation, but excluding a business entity holding any type of winery permit, a manufacturer's license, or a general, local, or branch distributor's license), does not constitute a subterfuge or surrender of exclusive _____________ in violation of Section 109.53 or the use or display of the license for the benefit of another in violation of Section 61.71(a)(14). This subsection shall not apply to original or renewal package store permits, wine only package store permits, local distributor's permits, or any type of wholesaler's permits. - Answer- retail; control TABC Sec. 101.07. DUTY OF PEACE OFFICERS. All peace officers in the state, including those of cities, counties, and state, shall ___________ the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders. - Answer- enforce TABC 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 __________ beverages the person has in his possession or on his premises as provided in Chapter 103 of this code. - Answer- illicit TABC Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder ____________ to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. (b) A person commits an offense if the person ___________ to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor. - Answer- consents; refuses TABC Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. (b) 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 by Subsection (a). An offense under this section is a __________. - Answer- MDA TABC Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC. A peace officer may _________ 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 ___________ to be used in manufacturing an illicit beverage. - Answer- seize; material TABC Sec. 103.04. ARREST OF PERSON IN POSSESSION. A peace officer may arrest without a warrant any person found in _____________ 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- possession TABC Sec. 103.05. REPORT OF SEIZURE. (a) A peace officer who makes a seizure under Section 103.03 of this code shall make a __________ 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 ________. - Answer- report; oath TABC Sec. 103.05. REPORT OF SEIZURE. (b) The ___________ copy shall be retained in the permanent files of the commission or other agency making the seizure. The _________ is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state. - Answer- verified; copy TABC Sec. 103.05. REPORT OF SEIZURE. (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 _________ report of the property seized commits a felony punishable by confinement in the Texas Department of Criminal Justice for not less than _______ years and not more than five years. - Answer- false; two TABC Sec. 103.05. REPORT OF SEIZURE. (e) A peace officer who fails to file the reports of a seizure as required by this section commits a ______________ 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. - Answer- misdemeanor Search and Seizure (a) A search warrant may issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and destroy or otherwise ____________ of in accordance with this code: (1) an illicit beverage; (2) any equipment or instrumentality used, or capable or designed to be used, to manufacture an illicit beverage; (3) a ____________ 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 - Answer- dispose; vehicle Search and Seizure Continued... (5) a forged or counterfeit ________, 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, or otherwise make a ___________ or counterfeit instrument covered by Subdivision (5) of this subsection. - Answer- stamp; forged Search and Seizure Continued... b) Any magistrate may issue a search warrant on the affidavit of a ___________ 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 ___________ is a place where this code has been or is being violated. - Answer- credible; premises Search and Seizure Continued... b) continued... If the place to be searched is a ___________ 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 _______ credible persons. - Answer- private; two Search and Seizure Continued... (c) All provisions of Chapter 18, Code of Criminal Procedure, 1965, as amended, apply to the application, ____________, and execution of the warrant except those that conflict with this section. - Answer- issuance Search and Seizure Continued... (d) The officer executing the warrant shall seize all items described in Subsection (a) of this section, and those items may not be taken from his custody by a ________ ____ __________ or any other process. The officer shall retain the items pending final judgment in the proceedings. - Answer- writ of replevin Search and Seizure Continued... (e)This section does not require a peace officer to obtain a ________ ___________ to search premises covered by a license or permit. - Answer- search warrant Texas Education Code 37.122 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. (b) An officer of this state who sees a person violating this section shall 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. (c) An offense under this section is a ___________ ______ ______________. - Answer- Class C misdemeanor Texas Education Code 37.122 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 ___________; 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. (b) An officer of this state who sees a person violating this section shall immediately __________ 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. (c) An offense under this section is a Class C misdemeanor. - Answer- school; seize TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. (a) A person commits an offense if the person with criminal negligence __________ an alcoholic beverage to an habitual drunkard or an intoxicated or insane person. - Answer- sells TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. (a-1) A person commits an offense if the person with criminal negligence _____________ for commercial purposes an alcoholic beverage to an intoxicated person. (b) Except as provided in Subsection (c) of this section, a violation of this section is a _________________ 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 nor more than $1,000, by confinement in jail for not more than one year, or by both. - Answer- delivers; misdemeanor TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. - Answer- -MD $100-$500, 1 yr jail -MD prev conv $500-$1,000 1 yr jail TABC Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (a) 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 school, including a parochial school, that provides all or any part of prekindergarten through ___________ 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 provisions of this code. (c) An offense under this section is a Class C misdemeanor. - Answer- 1,000; twelfth TABC Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. - Answer- MDC TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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 _________ 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 or permitting a person to rudely display a ____________ or other deadly weapon in a manner calculated to disturb persons in the retail establishment; - Answer- loud; pistol TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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: (4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's _____________; (5) being intoxicated on the licensed premises; (6) permitting _______ or vulgar entertainment or acts; - Answer- employees; lewd TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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: (7) permitting solicitations of persons for immoral or __________ purposes; (8) failing or refusing to comply with state or municipal __________ or sanitary laws or ordinances; or - Answer- sexual; health TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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: (9) possession of a ____________ or synthetic cannabinoid or any equipment used or __________ for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so. - Answer- narcotic; designed TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (b) For purposes of Subsection (a)(4), a ______________ 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 _____-_____ under Section 481.1031, Health and Safety Code. - Answer- solicitation; 2-A TABC Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) A minor commits an offense if the minor _____________ 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 provided by Section 106.071. - Answer- purchases TABC Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. - Answer- MDC TABC 106.025 Attempt to Purchase Alcohol by Minor (a) A minor commits an offense if, with ___________ ________ 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. - Answer- specific intent TABC 106.025 Attempt to Purchase Alcohol by Minor - Answer- MDC TABC Sec. 106.03. SALE TO MINORS. (a) A person commits an offense if with criminal negligence he ________ an alcoholic beverage to a minor. - Answer- sells TABC Sec. 106.03. SALE TO MINORS. (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor _____________ 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 _____________, or a military identification card. - Answer- falsely; passport TABC Sec. 106.03. SALE TO MINORS. (c) An offense under this section is a Class _______ 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. - Answer- A TABC Sec. 106.03. SALE TO MINORS. - Answer- MDA TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage. - Answer- MDC TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (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 ____________. (c) An offense under this section is punishable as provided by Section 106.071. - Answer- spouse TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (d) A minor who commits an offense under this section and who has been previously convicted __________ 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 ____________ of an offense under this section. - Answer- twice; conviction TABC 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 ____________ 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 __________ until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel. - Answer- overdose; scene TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who _________ 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 _______ coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. - Answer- reports; IX TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (g) A minor is entitled to raise the ____________ 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 __________ 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). - Answer- defense; time TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (h) A minor who commits a sexual assault that is reported under Subsection (f) is ______ ___________ to raise the defense provided by Subsection (f) in the prosecution of the minor for an offense under this section. - Answer- not entitled TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT 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. - Answer- -MDC -prev conv $500-$2,000, 180 days TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (c) If it 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 ___________ of an offense under this section, the offense is punishable by: (1) a fine of not less than $500 or more than $2,000; (2) confinement in jail for a term not to exceed _______ days; or (3) both the fine and confinement. - Answer- twice; 180 TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than ______ 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 ______ hours, if the minor has been previously convicted of an offense under this section. - Answer- 20; 60 TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (e) Community service ordered under this section must be related to education about or prevention of misuse of ____________. - Answer- alcohol TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (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 ____________ or deferred adjudication. - Answer- disposition TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (g) An offense under this section is not a _________ included offense under Section 49.04[dwi], 49.045[dwi w/ child passenger], or 49.06[bwi], Penal Code. - Answer- lesser TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (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 ____________ described by this section is considered a conviction under this section; and (2) an order of _____________ disposition for an offense alleged under this section is considered a conviction of an offense under this section. - Answer- conduct; deferred TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (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 ___________ 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. - Answer- citation TABC 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 _____________ 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 _____________ provided to the minor under Section 106.16. (c) An offense under this section is punishable as provided by Section 106.071. - Answer- visible; lawfully TABC Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. - Answer- MDC TABC 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 _________ or with criminal negligence makes ___________ an alcoholic beverage to a minor. - Answer- gives; available TABC Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR. (b) A person may ___________ 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 ___________ 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 Class A misdemeanor. - Answer- purchase; consumes TABC Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR. - Answer- MDA TABC Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A minor commits an offense if he falsely _________ that he is 21 years of age or older or presents any document that indicates he is 21 years of age or _________ to a person engaged in selling or serving alcoholic beverages. (b) An offense under this section is punishable as provided by Section 106.071. - Answer- states; older TABC Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. - Answer- MDC TABC Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a)This section applies to an offense under Section -106.02[purchase of alcohol by minor], -106.025[attempt to purchase alcohol by minor], -106.04[consumption of alcohol by minor], -106.05 [possession of alcohol by minor], or -106.07[misrepresentation of age by minor]. - Answer- MDC TABC Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (c) If it 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 to which this section applies, the offense is punishable by: (1) a fine of not less than $________ or more than $_________; (2) confinement in jail for a term not to exceed 180 days; or Texas Alcoholic Beverage Code (2015) 159 (3) both the fine and confinement. (d) In addition to any fine and any order issued under Section 106.115: - Answer- 250; 2,000 TABC 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 _____________ the person is licensed to carry under Subchapter H, Chapter 411, Government Code. - Answer- handgun TABC Sec. 11.041. WARNING SIGN REQUIRED. (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 ____________. The commission or administrator may require the permit holder to also display the sign in a language other than __________ if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language. - Answer- public; English Sec. 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in Sections 105.02 (WHOLESALERS AND LOCAL DISTRIBUTORS TO RETAILERS), 105.03 (MIXED BEVERAGES), 105.04 (WINE AND BEER RETAILER), and 105.08 (WINERY), no person may sell, offer for sale, or deliver any liquor: (1) on New Year's Day, Thanksgiving Day, or Christmas Day; (2) on ___________; or (3) before 10 a.m. or after 9 p.m. on any other day. (b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following ____________. - Answer- Sunday; Monday TABC 105.03 Hours of Sale: Mixed Beverages (a) No person may sell or offer for sale mixed beverages at any time not permitted by this section. (b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell mixed beverages between ____________ and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of ________ to the customer. - Answer- midnight; food TABC 105.03 Hours of Sale: Mixed Beverages (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 mixed beverage _______ _______ permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day. - Answer- late hours TABC 105.03 Hours of Sale: Mixed Beverages - Answer- -Monday - Saturday: 7 am - midnight -Sunday: midnight - 1 am, 10 am - midnight, 10am - noon has to be with food service -pop. 800,000/500,000 w/ late hours permit can sell midnight - 2am on any day TABC 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 ______-_________ 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. - Answer- on-premise TABC Sec. 105.05. HOURS OF SALE: BEER. - Answer- -Monday - Saturday: 7 am - midnight -Sunday: midnight - 1 am, 10 am - midnight, 10am - noon has to be with food service -pop. 800,000/500,000 w/ late hours permit can sell midnight - 2am on any day TABC Sec. 105.05. HOURS OF SALE: BEER. (c) In a city or ___________ 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 ___________ 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. - Answer- county; retail TABC Sec. 105.05. HOURS OF SALE: BEER. (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 __________ of the commissioner's court; and (2) in an incorporated city or town if the extended hours are adopted by an ______________ of the governing body of the city or town. - Answer- order; ordinance TABC Sec. 105.05. HOURS OF SALE: BEER. (e) A ______________ of a city ordinance or order of a commissioner's court adopted pursuant to Subsection (d) of this section is a violation of this code. - Answer- violation TABC Sec. 105.06. HOURS OF CONSUMPTION. (a-1) For the purposes of this section, a licensed or permitted premises is a public place. (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. - Answer- MDC TABC Sec. 105.06. HOURS OF CONSUMPTION. consumes, intends to consume alcoholic beverage in public MDC - Answer- -standard hours area: Sun 1:15am - noon, Mon-Sat 12:15 - 7am -extended hours area: Sun 2:15am - noon, Mon-Sat 2:15 - 7am TABC Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a) In this section, "_________ _________" means a public entertainment facility property, as defined by Section 108.73 that is primarily designed and used for live sporting events. - Answer- sports venue TABC Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (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 _________ venue may sell alcoholic beverages between 10 a.m. and noon; and (2) a person may ____________ alcoholic beverages at a sports venue between 10 a.m. and noon. - Answer- sports; consume TABC Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. The holder of a ___________ permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery: (1) between ______ 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. - Answer- winery; 8 TABC 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 __________ may sell alcoholic beverages between 10 a.m. and noon; and (2) a ____________ may consume alcoholic beverages at a festival, fair, or concert between 10 a.m. and noon. - Answer- concert; person TABC 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 during prohibited hours]: (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- MDA The Texas Alcoholic Beverage Code can be applied both criminally (to an individual) or civilly, through administrative actions against a _____________. Since these are different actions, criminal and civil, double ____________ does not apply and the same event can result in both actions being taken. - Answer- business; jeopardy Generally, administrative actions result in the suspension or cancellation of a license or ___________. 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 _______ years. - Answer- permit; 2 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: - Answer- -Dates/times -Location to include permit or license number -Reason for being at licensed premise -Primary observation, nature of offense or violation observed -Standard for alcohol violations (criminal negligence) -Identities of involved persons -Statements -Evidence -Arrest if made -Completion of reports -Permittee listed on license -Licensee listed on license Upon receiving a report from a law enforcement agency, the __________ 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 ___________ of its sale or possession. - Answer- TABC; legality TABC – Powerpoint Exam 2023 Questions and Answers (Graded A) 1. "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- ALCOHOLIC BEVERAGE 2. "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." This includes spirit coolers that may have an alcohol content as low as 4% alcohol by volume. - Answer- DISTILLED SPIRITS 3. A malt beverage containing over 4% of alcohol. - Answer- Ale or Malt Liquor 4. 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- Beer 5. One or more servings of a beverage composed in whole or in 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 a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a daily mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit. - Answer- Mixed Beverage 6. ANY BEVERAGE HANDLED IN VIOLATION OF THE ALCOHOLIC BEVERAGE CODE - Answer- ILLICIT BEVERAGE 7. Beverages that are illegally: manufactured distributed bought sold processed stored possessed imported transported - Answer- ILLICIT BEVERAGE 8. Beverages on which a state tax has not been paid and to which the tax stamp, if required, has not been affixed. - Answer- ILLICIT BEVERAGE 9. A person who is the holder of a license provided for in this code, or an agent, servant, or employee of that person. - Answer- LICENSEE 10. A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person - Answer- PERMITEE 11. Who is actually a permittee or a licensee? - Answer- Doorman Bartender Busboy Manager Police Officer/Security 12. 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 $1000 or by confinement in the county jail for not more than one year or by both. - Answer- GENERAL PENALTY 13. A penalty which might be imposed as a result of a criminal prosecution and the section of the code you are dealing with will state what the penalty for that offense is. - Answer- SPECIFIC PENALTY 14. A person younger than 21 years of age - Answer- Minor TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (a) In this code, "_____________" 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- premises TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (b) (1) Subject to the approval of the commission or the administrator, and except as provided in Subsection (c) of this section, an applicant for a ___________ or license may designate a portion of the grounds, buildings, vehicles, and appurtenances to be ___________ from the licensed premises. - Answer- permit; excluded TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (b) (2) If such a designation has been made and approved as to the holder of a license or permit authorizing the sale of alcoholic beverages at _________ or as to a private club registration permit, the sharing of space, employees, business facilities, and services with another business entity (including the permittee's lessor, which, if a corporation, may be a domestic or foreign corporation, but excluding a business entity holding any type of winery permit, a manufacturer's license, or a general, local, or branch distributor's license), does not constitute a subterfuge or surrender of exclusive _____________ in violation of Section 109.53 or the use or display of the license for the benefit of another in violation of Section 61.71(a)(14). This subsection shall not apply to original or renewal package store permits, wine only package store permits, local distributor's permits, or any type of wholesaler's permits. - Answer- retail; control TABC Sec. 101.07. DUTY OF PEACE OFFICERS. All peace officers in the state, including those of cities, counties, and state, shall ___________ the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders. - Answer- enforce TABC 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 __________ beverages the person has in his possession or on his premises as provided in Chapter 103 of this code. - Answer- illicit TABC Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder ____________ to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. (b) A person commits an offense if the person ___________ to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor. - Answer- consents; refuses TABC Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. (b) 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 by Subsection (a). An offense under this section is a __________. - Answer- MDA TABC Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC. A peace officer may _________ 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 ___________ to be used in manufacturing an illicit beverage. - Answer- seize; material TABC Sec. 103.04. ARREST OF PERSON IN POSSESSION. A peace officer may arrest without a warrant any person found in _____________ 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- possession TABC Sec. 103.05. REPORT OF SEIZURE. (a) A peace officer who makes a seizure under Section 103.03 of this code shall make a __________ 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 ________. - Answer- report; oath TABC Sec. 103.05. REPORT OF SEIZURE. (b) The ___________ copy shall be retained in the permanent files of the commission or other agency making the seizure. The _________ is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state. - Answer- verified; copy TABC Sec. 103.05. REPORT OF SEIZURE. (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 _________ report of the property seized commits a felony punishable by confinement in the Texas Department of Criminal Justice for not less than _______ years and not more than five years. - Answer- false; two TABC Sec. 103.05. REPORT OF SEIZURE. (e) A peace officer who fails to file the reports of a seizure as required by this section commits a ______________ 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. - Answer- misdemeanor Search and Seizure (a) A search warrant may issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and destroy or otherwise ____________ of in accordance with this code: (1) an illicit beverage; (2) any equipment or instrumentality used, or capable or designed to be used, to manufacture an illicit beverage; (3) a ____________ 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 - Answer- dispose; vehicle Search and Seizure Continued... (5) a forged or counterfeit ________, 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, or otherwise make a ___________ or counterfeit instrument covered by Subdivision (5) of this subsection. - Answer- stamp; forged Search and Seizure Continued... b) Any magistrate may issue a search warrant on the affidavit of a ___________ 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 ___________ is a place where this code has been or is being violated. - Answer- credible; premises Search and Seizure Continued... b) continued... If the place to be searched is a ___________ 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 _______ credible persons. - Answer- private; two Search and Seizure Continued... (c) All provisions of Chapter 18, Code of Criminal Procedure, 1965, as amended, apply to the application, ____________, and execution of the warrant except those that conflict with this section. - Answer- issuance Search and Seizure Continued... (d) The officer executing the warrant shall seize all items described in Subsection (a) of this section, and those items may not be taken from his custody by a ________ ____ __________ or any other process. The officer shall retain the items pending final judgment in the proceedings. - Answer- writ of replevin Search and Seizure Continued... (e)This section does not require a peace officer to obtain a ________ ___________ to search premises covered by a license or permit. - Answer- search warrant Texas Education Code 37.122 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. (b) An officer of this state who sees a person violating this section shall 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. (c) An offense under this section is a ___________ ______ ______________. - Answer- Class C misdemeanor Texas Education Code 37.122 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 ___________; 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. (b) An officer of this state who sees a person violating this section shall immediately __________ 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. (c) An offense under this section is a Class C misdemeanor. - Answer- school; seize TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. (a) A person commits an offense if the person with criminal negligence __________ an alcoholic beverage to an habitual drunkard or an intoxicated or insane person. - Answer- sells TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. (a-1) A person commits an offense if the person with criminal negligence _____________ for commercial purposes an alcoholic beverage to an intoxicated person. (b) Except as provided in Subsection (c) of this section, a violation of this section is a _________________ 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 nor more than $1,000, by confinement in jail for not more than one year, or by both. - Answer- delivers; misdemeanor TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS. - Answer- -MD $100-$500, 1 yr jail -MD prev conv $500-$1,000 1 yr jail TABC Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (a) 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 school, including a parochial school, that provides all or any part of prekindergarten through ___________ 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 provisions of this code. (c) An offense under this section is a Class C misdemeanor. - Answer- 1,000; twelfth TABC Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. - Answer- MDC TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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 _________ 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 or permitting a person to rudely display a ____________ or other deadly weapon in a manner calculated to disturb persons in the retail establishment; - Answer- loud; pistol TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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: (4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's _____________; (5) being intoxicated on the licensed premises; (6) permitting _______ or vulgar entertainment or acts; - Answer- employees; lewd TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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: (7) permitting solicitations of persons for immoral or __________ purposes; (8) failing or refusing to comply with state or municipal __________ or sanitary laws or ordinances; or - Answer- sexual; health TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's 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: (9) possession of a ____________ or synthetic cannabinoid or any equipment used or __________ for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so. - Answer- narcotic; designed TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (b) For purposes of Subsection (a)(4), a ______________ 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 _____-_____ under Section 481.1031, Health and Safety Code. - Answer- solicitation; 2-A TABC Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) A minor commits an offense if the minor _____________ 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 provided by Section 106.071. - Answer- purchases TABC Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. - Answer- MDC TABC 106.025 Attempt to Purchase Alcohol by Minor (a) A minor commits an offense if, with ___________ ________ 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. - Answer- specific intent TABC 106.025 Attempt to Purchase Alcohol by Minor - Answer- MDC TABC Sec. 106.03. SALE TO MINORS. (a) A person commits an offense if with criminal negligence he ________ an alcoholic beverage to a minor. - Answer- sells TABC Sec. 106.03. SALE TO MINORS. (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor _____________ 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 _____________, or a military identification card. - Answer- falsely; passport TABC Sec. 106.03. SALE TO MINORS. (c) An offense under this section is a Class _______ 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. - Answer- A TABC Sec. 106.03. SALE TO MINORS. - Answer- MDA TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage. - Answer- MDC TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (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 ____________. (c) An offense under this section is punishable as provided by Section 106.071. - Answer- spouse TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (d) A minor who commits an offense under this section and who has been previously convicted __________ 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 ____________ of an offense under this section. - Answer- twice; conviction TABC 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 ____________ 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 __________ until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel. - Answer- overdose; scene TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who _________ 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 _______ coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. - Answer- reports; IX TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (g) A minor is entitled to raise the ____________ 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 __________ 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). - Answer- defense; time TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (h) A minor who commits a sexual assault that is reported under Subsection (f) is ______ ___________ to raise the defense provided by Subsection (f) in the prosecution of the minor for an offense under this section. - Answer- not entitled TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT 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. - Answer- -MDC -prev conv $500-$2,000, 180 days TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (c) If it 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 ___________ of an offense under this section, the offense is punishable by: (1) a fine of not less than $500 or more than $2,000; (2) confinement in jail for a term not to exceed _______ days; or (3) both the fine and confinement. - Answer- twice; 180 TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than ______ 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 ______ hours, if the minor has been previously convicted of an offense under this section. - Answer- 20; 60 TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (e) Community service ordered under this section must be related to education about or prevention of misuse of ____________. - Answer- alcohol TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (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 ____________ or deferred adjudication. - Answer- disposition TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (g) An offense under this section is not a _________ included offense under Section 49.04[dwi], 49.045[dwi w/ child passenger], or 49.06[bwi], Penal Code. - Answer- lesser TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this sectio