BPOC Ch.16 Texas Alcohol Beverage Code (TCOLE)
UPDATED ACTUAL Questions and CORRECT Answers
" _________ " means alcohol, or any beverage containing Alcoholic Beverage
more than one-half of one percent of alcohol by volume,
which is capable of use for beverage purposes, either
alone or when diluted.
" _________ " means alcohol, spirits of wine, whiskey, rum, Distilled spirits
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.
means a fermented beverage of any name or description Malt Beverage
containing one-half of one percent or more of alcohol by
volume, brewed or produced from malt, in whole or in
part, or from any malt substitute.
means one or more servings of a beverage composed in Mixed Beverages
whole or 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 certain nonprofit
entity temporary event permits, the holder of a private
club registration permit, or the holder of certain retailer
late hours certificates.
means an alcoholic beverage manufactured,distributed, Illicit Beverage
bought, sold, bottled, mixed, stored, imported,
transported on which a tax imposed by the law of this
state has not been paid and to which the tax stamp, if
required, has not been affixed
means a person who is the holder of a license provided Licensee
in this code, or any agent, servant, or employee of that
person
means a person who is the holder of a permit provided Permittee
for this code or an agent, servant, or employee of that
person
, Sec. 1.05. General Penalty (a) 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 $1,000 or by confinement in the county jail for
not more than one year or by both.
(b) The term "specific penalty," as used in this section, means a penalty which
might be imposed as a result of a criminal prosecution.
under (TABC) a person under the age of 21 is considered Minor
a " _____ "
Sec. 101.07 Duty of Peace Officers 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.
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 illicit beverages the person has in his possession or on
his premises as provided in Chapter 103 of this code.
Sec. 103.03. Seizure of Illicit Beverages, Etc A peace officer may seize 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 material to be used in manufacturing an illicit beverage.
Sec. 103.04. Arrest of Person in Possession A peace officer may arrest without a warrant any person found in possession of
an illicit beverage, any equipment designed for use in or used in manufacturing an
illicit beverage,
or any material to be used in manufacturing an illicit beverage
Sec. 103.05 Report of Seizure (a) A peace officer who makes a seizure under Section 103.03 of this code shall
make a report 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 oath.
(b) The verified copy shall be retained in the permanent files of the commission or
other agency making the seizure. The copy is subject to inspection by any
member of the legislature or by any authorized law enforcement agency of the
state.
(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 false report of the property seized commits a
felony punishable by confinement in the Texas Department of Criminal Justice for
not less than two years and not more than five years.
(e) A peace officer who fails to file the reports of a seizure as required by this
section commits a misdemeanor 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.
UPDATED ACTUAL Questions and CORRECT Answers
" _________ " means alcohol, or any beverage containing Alcoholic Beverage
more than one-half of one percent of alcohol by volume,
which is capable of use for beverage purposes, either
alone or when diluted.
" _________ " means alcohol, spirits of wine, whiskey, rum, Distilled spirits
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.
means a fermented beverage of any name or description Malt Beverage
containing one-half of one percent or more of alcohol by
volume, brewed or produced from malt, in whole or in
part, or from any malt substitute.
means one or more servings of a beverage composed in Mixed Beverages
whole or 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 certain nonprofit
entity temporary event permits, the holder of a private
club registration permit, or the holder of certain retailer
late hours certificates.
means an alcoholic beverage manufactured,distributed, Illicit Beverage
bought, sold, bottled, mixed, stored, imported,
transported on which a tax imposed by the law of this
state has not been paid and to which the tax stamp, if
required, has not been affixed
means a person who is the holder of a license provided Licensee
in this code, or any agent, servant, or employee of that
person
means a person who is the holder of a permit provided Permittee
for this code or an agent, servant, or employee of that
person
, Sec. 1.05. General Penalty (a) 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 $1,000 or by confinement in the county jail for
not more than one year or by both.
(b) The term "specific penalty," as used in this section, means a penalty which
might be imposed as a result of a criminal prosecution.
under (TABC) a person under the age of 21 is considered Minor
a " _____ "
Sec. 101.07 Duty of Peace Officers 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.
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 illicit beverages the person has in his possession or on
his premises as provided in Chapter 103 of this code.
Sec. 103.03. Seizure of Illicit Beverages, Etc A peace officer may seize 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 material to be used in manufacturing an illicit beverage.
Sec. 103.04. Arrest of Person in Possession A peace officer may arrest without a warrant any person found in possession of
an illicit beverage, any equipment designed for use in or used in manufacturing an
illicit beverage,
or any material to be used in manufacturing an illicit beverage
Sec. 103.05 Report of Seizure (a) A peace officer who makes a seizure under Section 103.03 of this code shall
make a report 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 oath.
(b) The verified copy shall be retained in the permanent files of the commission or
other agency making the seizure. The copy is subject to inspection by any
member of the legislature or by any authorized law enforcement agency of the
state.
(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 false report of the property seized commits a
felony punishable by confinement in the Texas Department of Criminal Justice for
not less than two years and not more than five years.
(e) A peace officer who fails to file the reports of a seizure as required by this
section commits a misdemeanor 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.
