TABC Review UPDATED Exam Questions
and CORRECT Answers
ABC 1.04 Alcoholic Beverage - CORRECT ANSWER - means 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.
ABC 1.04 Distilled Spirits - CORRECT ANSWER - means 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, and includes spirit coolers that may have
an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling,
or carbonated water and may also contain one or more natural or artificial blending or flavoring
ingredients.
ABC 101.03 SEARCH AND SEIZURE - CORRECT ANSWER - A search warrant may
issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and
destroy or otherwise dispose 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 vehicle 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;
(5) a forged or counterfeit stamp, 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, indite, or otherwise make a forged or counterfeit
instrument covered by Subdivision (5) of this subsection.
(b) Any magistrate may issue a search warrant on the affidavit of a credible 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 premises is a place where this code has been or is being violated. If the place to be
searched is a private 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 two credible persons.
(c) All provisions of Chapter 18, Code of Criminal Procedure, 1965, as amended, apply to the
application, issuance, and execution of the warrant except those that conflict with this section.
(d) The officer executing the warrant shall seize all items described in Subsection (a) of
ABC 101.04. CONSENT TO INSPECTION; PENALTY - CORRECT ANSWER - 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 Class A misdemeanor.
ABC 101.07. DUTY OF PEACE OFFICERS - CORRECT ANSWER - All peace officers
in the state, including those of cities, counties, and state, shall enforce the provisions of this code
and cooperate with and assist the commission in detecting violations and apprehending
offenders.
ABC 101.63. SALE OR DELIVERY TO CERTAIN PERSONS - CORRECT ANSWER -
A person commits an offense if the person with criminal negligence sells an alcoholic beverage
to an habitual drunkard or an intoxicated or insane person.
(a-1) A person commits an offense if the person with criminal negligence delivers 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
misdemeanor 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.
ABC 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC - CORRECT ANSWER -A
peace officer may seize without a warrant:
and CORRECT Answers
ABC 1.04 Alcoholic Beverage - CORRECT ANSWER - means 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.
ABC 1.04 Distilled Spirits - CORRECT ANSWER - means 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, and includes spirit coolers that may have
an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling,
or carbonated water and may also contain one or more natural or artificial blending or flavoring
ingredients.
ABC 101.03 SEARCH AND SEIZURE - CORRECT ANSWER - A search warrant may
issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and
destroy or otherwise dispose 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 vehicle 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;
(5) a forged or counterfeit stamp, 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, indite, or otherwise make a forged or counterfeit
instrument covered by Subdivision (5) of this subsection.
(b) Any magistrate may issue a search warrant on the affidavit of a credible 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 premises is a place where this code has been or is being violated. If the place to be
searched is a private 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 two credible persons.
(c) All provisions of Chapter 18, Code of Criminal Procedure, 1965, as amended, apply to the
application, issuance, and execution of the warrant except those that conflict with this section.
(d) The officer executing the warrant shall seize all items described in Subsection (a) of
ABC 101.04. CONSENT TO INSPECTION; PENALTY - CORRECT ANSWER - 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 Class A misdemeanor.
ABC 101.07. DUTY OF PEACE OFFICERS - CORRECT ANSWER - All peace officers
in the state, including those of cities, counties, and state, shall enforce the provisions of this code
and cooperate with and assist the commission in detecting violations and apprehending
offenders.
ABC 101.63. SALE OR DELIVERY TO CERTAIN PERSONS - CORRECT ANSWER -
A person commits an offense if the person with criminal negligence sells an alcoholic beverage
to an habitual drunkard or an intoxicated or insane person.
(a-1) A person commits an offense if the person with criminal negligence delivers 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
misdemeanor 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.
ABC 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC - CORRECT ANSWER -A
peace officer may seize without a warrant:
