TABC Need to Study Questions with 100%
Verified Solutions
Employee and Inspections - Answer The right to inspect the property of employees only
applies to the actual owner. The right to inspect the personal belongings does not
extend to the employees. You must obtain consent to inspect purses, lockers, vehicles
or employees. Just because a person works at a licensee / permitee they do not give up
their 4th amendment rights.
List points about Authorized Seizures - Answer • Illicit beverages and any containers and
packaging
• Vehicles, including aircraft and watercraft, used to transport any illicit beverages
• Equipment designed for use in or used in the manufacturing of the illicit beverages
• Any material used in manufacturing the illicit beverages
• You may arrest without a warrant any person found to be in possession of illicit
beverages
Points about Report of Seizure - Answer • Peace officer shall prepare report in triplicate
listing items seized, place, name or person from whom seized. One copy shall be verified
by oath.
• The verified copy shall be retained by the agency ... subject to inspection by legislature
or any law enforcement agency of the state.
• One copy shall be given to the person from whom the seizure is made.
A peace officer who makes a false report of the property seized commits a felony
punishable by 3rd degree felony.
A peace officer who fails to file the report of a seizure as required ... commits a
misdemeanor B, 10-90 days in jail and fine of $50-$100.
, What is a General Penalty - Answer 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.
What is a Specific Penalty - Answer The term "Specific Penalty", as used in this section,
means 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.
Affirmative Links dealing with Minors in Possession - Answer • Within the minor's plain
view
• Amount of alcoholic beverage at the location
• Accessibility of alcoholic beverage to the minor
• Minor's ownership or right of possession of the location of the party
• Relationship of the minor to other persons at the party with access to the alcoholic
beverage
• Knowledge of the presence of the alcoholic beverage
The more affirmative links you have, the better the case
Point about Minor In Possession of an Alcoholic Beverage - Answer • May not possess
an alcoholic beverage under the age of 21 unless:
o They are in the visible presence of their adult parent, spouse or court appointed
guardian
o Or in the course and scope of their employment
Describe offense of Purchase / Attempt to Purchase Alcohol by Minor - Answer •
Commits the offense if he purchases an alcoholic beverage
Verified Solutions
Employee and Inspections - Answer The right to inspect the property of employees only
applies to the actual owner. The right to inspect the personal belongings does not
extend to the employees. You must obtain consent to inspect purses, lockers, vehicles
or employees. Just because a person works at a licensee / permitee they do not give up
their 4th amendment rights.
List points about Authorized Seizures - Answer • Illicit beverages and any containers and
packaging
• Vehicles, including aircraft and watercraft, used to transport any illicit beverages
• Equipment designed for use in or used in the manufacturing of the illicit beverages
• Any material used in manufacturing the illicit beverages
• You may arrest without a warrant any person found to be in possession of illicit
beverages
Points about Report of Seizure - Answer • Peace officer shall prepare report in triplicate
listing items seized, place, name or person from whom seized. One copy shall be verified
by oath.
• The verified copy shall be retained by the agency ... subject to inspection by legislature
or any law enforcement agency of the state.
• One copy shall be given to the person from whom the seizure is made.
A peace officer who makes a false report of the property seized commits a felony
punishable by 3rd degree felony.
A peace officer who fails to file the report of a seizure as required ... commits a
misdemeanor B, 10-90 days in jail and fine of $50-$100.
, What is a General Penalty - Answer 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.
What is a Specific Penalty - Answer The term "Specific Penalty", as used in this section,
means 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.
Affirmative Links dealing with Minors in Possession - Answer • Within the minor's plain
view
• Amount of alcoholic beverage at the location
• Accessibility of alcoholic beverage to the minor
• Minor's ownership or right of possession of the location of the party
• Relationship of the minor to other persons at the party with access to the alcoholic
beverage
• Knowledge of the presence of the alcoholic beverage
The more affirmative links you have, the better the case
Point about Minor In Possession of an Alcoholic Beverage - Answer • May not possess
an alcoholic beverage under the age of 21 unless:
o They are in the visible presence of their adult parent, spouse or court appointed
guardian
o Or in the course and scope of their employment
Describe offense of Purchase / Attempt to Purchase Alcohol by Minor - Answer •
Commits the offense if he purchases an alcoholic beverage
