Questions and CORRECT Answers
Alcoholic Beverage - CORRECT ANSWER - An alcoholic beverage is 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)] Alcoholic beverages may be sold by the drink for on-premise consumption in
establishments such as restaurants and bars. Alcoholic beverages are also sold packaged for off-
premise consumption in establishments such as convenience stores, gas stations, grocery stores,
or liquor stores. Common alcoholic beverages include beer, malt liquor, wine, wine coolers,
distilled spirits, mixed drinks, and cocktails. Other beverages, such as tonic water, seltzer, and
"virgin" drinks, are not alcoholic beverages.
Blood Alcohol Concentration - CORRECT ANSWER - Blood alcohol concentration
(BAC) is a measurement of the amount of alcohol in the bloodstream expressed as a percentage.
For example, if someone has a BAC of 0.10 percent this means that the person has one part
chemical alcohol with 1000 parts blood fluids.
BAC Chart - CORRECT ANSWER - A BAC chart is a chart that is used to help estimate a
person's blood alcohol concentration.
Criminal Negligence - CORRECT ANSWER - Criminal negligence is when a person fails
to meet a standard level of care that an ordinary person under these conditions would meet, for
example, checking IDs, calculating age, refusing to over-serve patrons, and looking for signs of
intoxication. [Penal Code Sec 6.03] This course will teach you what the standard levels of care
are to help prevent you from being criminally negligent.
Dram Shop Act - CORRECT ANSWER - Dram Shop Act refers to the law governing the
civil liability of a provider who sells/serves/provides alcoholic beverages; including, but not
limited to licensees or permitees. Civil liability allows a person(s) who is injured or suffers
property damage to sue the provider in civil court.
Employee - CORRECT ANSWER - Anyone 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. (Employee does not include officers of a
corporate permittee/licensee who does not manage, direct, supervise, or control the sale or
service of alcoholic beverages.) [Texas Alcoholic Beverage Commission Administrative Rules
Sec. 50.2 (4)]
Intoxication - CORRECT ANSWER - Intoxication is defined as not 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. [Penal Code Sec.
49.01]
Minor - CORRECT ANSWER - A minor is a person under the age of 21. [Texas Alcoholic
Beverage Code Sec. 106.01]
On-Premise Sale - CORRECT ANSWER - On-premise sales are when alcoholic beverages
are sold by the drink in establishments such as restaurants and bars.
Off-Premise Sale - CORRECT ANSWER - Off-premise sales are defined as alcoholic
beverages sold packaged "to go" at establishments such as convenience stores, gas stations,
grocery stores, or liquor stores.
Public Intoxication - CORRECT ANSWER - Public intoxication is defined as appearing in
a public place while intoxicated to the degree that the person may endanger the person or
another. [Penal Code Sec. 49.02]
Sec. 106.01 - CORRECT ANSWER - Provisions Relating to Age:
In this code, "minor" means a person under 21 years of age.
Sec 106.02 - CORRECT ANSWER - Purchase of Alcohol by a Minor:
A minor commits an offense if the minor purchases 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.