alcoholic beverage - ansdefined as 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)]
Criminal Negligence - ansA person fails to meet a standard level of care that an ordinary person under these
conditions would meet, e.g. checking IDs, calculating age, refusing to over-serve patrons, and looking for signs
of intoxication.
Sellers and servers have certain responsibilities including checking IDs, calculating age, refusing to over serve
customers, and looking for signs of intoxication. Throughout this course you will learn the standard levels of
care to help prevent you from being criminally negligent.
Employee - ansanyone 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.
Employer Requirements - ansIf one violation takes place:
Criminal action may be taken again the employee;
The owner or manager may be required to complete an affidavit stating that they have met all the
requirements;
The owner or manager will be required to provide the names, social security numbers, and dates of birth of all
employees so that the affidavit can be verified.
TABC will verify the certification of the employees.
If any one of these elements is missing, the company is not protected.
, Examples of common alcoholic beverages are: - ansBeer
Malt liquor
Wine
Wine coolers
Distilled spirits
Mixed drinks
Cocktails
Intoxication - ansNot 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.
Key Laws: Alcohol Sales - ansThe sale of alcohol to minors under 21.
The sale of alcohol to people who are intoxicated.
The service of alcoholic beverages in private clubs to non-members.
Keys to Customer Observation - ansHow does the person look?image
What does the person do?
How does the person react?
How much alcohol has been purchased or consumed?
Keys to Intervention - ansBe Quick
Be Clear
Be Firm
Be Consistent