Law Enforcement Investigations Reporting€¦ · Law Enforcement Investigations Instructor Training...

Law Enforcement Investigations Reporting

Instructor Manual Third Edition – October 2018

www.tabc.texas.gov www.2young2drink.com

This book is intended for use by Texas Peace Officers to assist students in the ability to analyze local and state law enforcement procedures pertaining to alcoholic beverage laws.

Contributors: Mindy Carroll, Texas Alcoholic Beverage Commission - Education and Prevention Division Lieutenant Oliver Johnson, Texas Alcoholic Beverage Commission – Houston Enforcement Regional Office Design: Julie Davis, Texas Alcoholic Beverage Commission - Education and Prevention Division A Publication by: The Texas Alcoholic Beverage Commission Funded by: The Texas Department of Transportation and the Texas Alcoholic Beverage Commission To order additional copies: Texas Alcoholic Beverage Commission Education and Prevention P.O. Box 13127 Austin, Texas 78711-3127 (512) 206-3420 (512) 206-3316 fax [email protected] email Available on the following website: www.tabc.texas.gov

Disclaimer: This manual is for informational purposes only and reflects the agency’s attempt to address the most commonly requested information. The information contained in this instructor manual was current as of October 1, 2018, but is subject to change at any time. The manual was prepared by TABC staff as a starting point for research by state and local law enforcement personnel. Staff has found that the answer to a question is frequently affected by the individual factual circumstances that provide the context for the question therefore it is often impossible to provide a definitive answer that applies in all situations. State and local law enforcement personnel should not rely on decisions based solely on the statements in this guide. The manual should not be considered as legally binding either by the TABC or anyone subject to TABC’s regulation. State and local law enforcement personnel are bound by upholding the law and adhering to the Texas Alcoholic Beverage Code and the Texas Alcoholic Beverage Administrative Rules, both of which may be found on the TABC website at: https://www.tabc.texas.gov/laws/index.asp. The statements in this manual have not been approved by the Commissioners and do not constitute statements of general applicability that implement, interpret or prescribe law or policy. Nor do the statements in this guide constitute statements of general applicability that describe the procedure or practice requirements of TABC. The Texas Alcoholic Beverage Commission is an equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment, or in the provision of services, programs or activities. In compliance with the Americans Disability Act, this material may be requested in alternative formats by contacting the TABC at (512) 206-3220, TDD/TTY 711 Telecommunications relay Service, (512) 206-3350 (fax) or by writing: P.O. Box 13127, Austin, Texas 78711.

https://www.tabc.texas.gov/laws/index.asp

COMING SOON:

Target Responsibility for Alcohol Connected Emergencies (T.R.A.C.E.)

T.R.A.C.E. is a new law enforcement operation that investigates the source of DWIs and other alcohol-related emergencies that result in serious bodily injury and/or death. The Texas Alcoholic Beverage Code requires sellers and servers to refuse the service of alcoholic beverages to minors and intoxicated persons. A violation of these laws can result in the cancellation or suspension of an establishment’s license or permit to sell alcoholic beverages. Contact TABC for assistance when investigating an alcohol-related incident resulting in serious bodily injury or death, which involves a minor or someone suspected of being sold or served at a TABC-licensed location. © 2018 Texas Alcoholic Beverage Commission

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual

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Table of Contents Purpose ..................................................................................................................................................................... 6 Goals .......................................................................................................................................................................... 6 Contact TABC ............................................................................................................................................................. 6 Agenda ...................................................................................................................................................................... 7 Objectives and Sequence .......................................................................................................................................... 7 Filing a complaint with TABC ..................................................................................................................................... 8

Filing a complaint with TABC:Mobile .................................................................................................................... 9

Definitions ............................................................................................................................................................... 10 Module 1: TABC Underage Drinking Investigations Reporting ............................................................................... 14

Introductory Discussion ...................................................................................................................................... 15

Providing or Furnishing Alcohol to a Minor .................................................................................................... 15

Penalties for Providing or Furnishing Alcohol to a Minor ............................................................................... 15

Sale to a Minor is a Class A misdemeanor ...................................................................................................... 15

Punishment for Alcohol-Related Offense by a Minor ..................................................................................... 15

Zero Tolerance Law, Driving Under the Influence of Alcohol (DUI) and Minor Penalties .............................. 16

Provisions Relating to Age ............................................................................................................................... 17

TABC Underage Drinking Investigations Video ............................................................................................... 17

Video Summary and Review: .......................................................................................................................... 17

Concluding Discussion – TABC Underage Drinking Investigations Reporting ..................................................... 20

Module 2: TABC Prohibited/After Hours Alcohol Sales Investigations Reporting ................................................. 21 Introductory Discussion ...................................................................................................................................... 22

Legal Hours of Sale – On-Premise Retail Locations ......................................................................................... 22

Legal Hours of Sale – Off-Premise Retail Locations......................................................................................... 22

Legal Hours of Sale – Package Stores (Liquor Stores) ..................................................................................... 22

Legal Hours of Sale & Consumption – Brewery............................................................................................... 22

Legal Hours of Sale & Consumption – Winery ................................................................................................ 23

Legal Hours of Sale - Distillery for On-Premise Consumption (same as Mixed Beverage Permit) .................. 23

Legal Hours of Sale - Distillery for Off-Premise Consumption (same as a Package Store Permit) .................. 23

Legal Hours of Public Consumption ................................................................................................................ 23

Sales and Consumption during Prohibited Hours ........................................................................................... 23

Provisions Related to Hours of Sale ................................................................................................................ 24

TABC Prohibited/After Hours Alcohol Sales Investigations Video .................................................................. 24

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual 5


Concluding Discussion – TABC Prohibited/After Hours Alcohol Sales Investigations Reporting ........................ 26

Module 3: Texas Driving While Intoxicated (DWI) Laws and TABC Source Investigations Reporting ................... 28 Introductory Discussion ...................................................................................................................................... 29

Texas DWI Laws ............................................................................................................................................... 29

Provisions Related to Intoxication and Alcoholic Beverage Offenses ............................................................. 30

TABC Source Investigations ............................................................................................................................. 31

Dram Shop Act ................................................................................................................................................. 31

DWI Laws and TABC Source Investigations Video ........................................................................................... 32


Concluding Discussion – Texas DWI Laws and TABC Source Investigations Reporting....................................... 35

Module 4: Breach of the Peace and TABC Summary Suspension Investigations Reporting .................................. 36 Introductory Discussion ...................................................................................................................................... 37

Reporting a Breach of the Peace to TABC ....................................................................................................... 37

Summary Suspension for Violent Acts ............................................................................................................ 38

Breaches of Peace and TABC Summary Suspensions Investigations Video .................................................... 39


Concluding Discussion – Breach of Peace and TABC Summary Suspension Investigations Reporting ............... 41

Appendix A: TABC Regional Office Map by County ................................................................................................ 43 Appendix B: TABC Offices in Texas / Region 1 - Contact Information..................................................................... 44 Appendix B: TABC Offices in Texas / Region 2 - Contact Information..................................................................... 45 Appendix B: TABC Offices in Texas / Region 3 - Contact Information..................................................................... 46 Appendix B: TABC Offices in Texas / Region 4 - Contact Information..................................................................... 47 Appendix B: TABC Offices in Texas / Region 5 - Contact Information..................................................................... 48 Appendix C: How to Access TABC Publications and Digital Media.......................................................................... 49 Appendix C: TABC Publications and Digital Media Order Form .............................................................................. 50


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Purpose Local law enforcement officers know the communities they serve better than anyone. This training program is not designed to influence policies or procedures of their respective agencies, but to serve as a reminder that the Texas Alcoholic Beverage Commission (TABC) is available to assist with alcohol-related issues.

Goals The goal of this program is to provide information on how and when to contact the TABC in the event of a public safety violation involving alcohol; to examine the state laws and investigative reporting processes when collecting and sharing of information for the criminal and administrative violation cases with the TABC; and to foster partnerships between the TABC and other state and local law enforcement agencies through the examination of four real-world video example scenarios related to alcohol violations of the Alcoholic Beverage Code.

Contact TABC For additional information about the TABC, visit www.tabc.texas.gov.

For information about underage drinking prevention efforts in Texas, visit www.2young2drink.com.

For information about the sale of alcoholic beverages to persons 21 or older, who are legal to drink alcoholic beverages in the State of Texas, visit www.tabc.texas.gov.

Follow Us: Facebook: www.facebook.com/txabc

Twitter: @TexasABC

YouTube: www.youtube.com/tabcchannel

Other Resources:

2017 - Texas Alcoholic Beverage Code: https://www.tabc.texas.gov/laws/code_and_rules.asp

2017 - Texas Peace Officers Guide for reference (optional): http://www.tabc.texas.gov/laws/other/PeaceOfficersGuide.pdf 2018 - Texas Alcoholic Beverage Code Administrative Rules: https://www.tabc.texas.gov/laws/other/TABCRules.pdf

NOTE: Other Resources include 2017 and 2018 editions. To order hard copies of the resources listed above email your

request to TABC at [email protected].

http://www.tabc.texas.gov/

http://www.2young2drink.com/

http://www.facebook.com/txabc

http://www.youtube.com/tabcchannel

https://www.tabc.texas.gov/laws/code_and_rules.asp

http://www.tabc.texas.gov/laws/other/PeaceOfficersGuide.pdf

https://www.tabc.texas.gov/laws/other/TABCRules.pdf

mailto:[email protected]


Agenda The curriculum includes educational material and four (three-to five-minute) videos pertaining to:

• Module 1: TABC Underage Drinking Investigations Reporting

Approximate teaching time: 20 minutes

• Module 2: TABC Prohibited/After Hours Alcohol Sales Investigations Reporting


• Module 3: Texas DWI Laws and TABC Source Investigations Reporting


• Module 4: Beaches of the Peace and TABC Summary Suspensions Reporting


Objectives and Sequence • Module 1: TABC Underage Drinking Investigations Reporting

o The student will review the laws and penalties for providing, furnishing and selling alcohol to minors.

o The student will review the Zero Tolerance Law and Minor Penalties. o The student will discuss the Provisions Related to Age in Chapter 106 of the Texas Alcoholic

Beverage Code and refer to the Minor Offenses in the Texas Peace Officer’s Guide to the Alcoholic Beverage Code.

o The student will view and discuss a real-world TABC underage drinking investigations video scenario (provided).

o The student will examine the questions and information to report to the TABC in the video review.

• Module 2: TABC Prohibited/After Hours Alcohol Sales Investigations Reporting o The student will identify the legal hours of alcoholic beverage sales and consumption and refer

to the Texas Alcoholic Beverage Code and the Texas Peace Officer’s Guide to the Alcoholic Beverage Code.

o The student will discuss the Provisions Related to Hours of Sale in Chapter 105 of the Texas Alcoholic Beverage Code.

o The student will view and discuss a real-world TABC prohibited/after hours alcohol sales investigations video scenario (provided).

o The students will examine the questions and information to report to the TABC in the video review.


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• Module 3: Texas DWI Laws and TABC Source Investigations Reporting o The student will review the Texas Driving While Intoxicated (DWI) laws that may lead to a TABC

source investigation. o The student will discuss Chapter 49 of the Texas Penal Code and Chapters 45 and 101 of the

Texas Alcoholic Beverage Code. o The student will define: source investigation. o The student will view and discuss a real-world DWI laws and TABC source investigations video

scenario (provided) of a DWI crash and/or fatality, which may lead to a TABC source investigation.


• Module 4: Breaches of the Peace and TABC Summary Suspension Investigations Reporting o The student will review breach of the peace offenses. o The student will be provided requirements on how to request a summary suspension. Only TABC

may make the determination if a summary suspension is needed at a TABC–licensed location after a breach of the peace has occurred.

o The student will view and discuss a real-world breaches of the peace and TABC summary suspensions investigations video scenario (provided).


Filing a complaint with TABC The process to file a complaint related to a licensed location in your community use the Complaint Form on the TABC public website: https://www.tabc.texas.gov/enforcement/complain_about_a_location.asp. To file a complaint about a possible violation of the law on a TABC-licensed premises, or to report possible alcohol-related violations taking place at any location, you may do so by filling out a TABC Complaint Form and providing it to our agency.

You may use the form to report: • A bar, restaurant, store or other TABC-licensed location that is:

o Selling alcoholic beverages to minors or intoxicated people; o Selling alcoholic beverages before or after the legal hours of sale; o Conducting illegal activity involving gambling, illicit drug use or prostitution; o Owned by someone other than the person named on the permit; or o Involved in any other illegal activity.

• A Private Club that is serving alcoholic beverages to non-members of the club. • An individual illegally providing alcoholic beverages to a minor. • Parties or events involving minors illegally consuming alcoholic beverages. • An individual selling alcoholic beverages without a TABC permit. • Any other illegal activity that involves alcoholic beverages.

https://www.tabc.texas.gov/enforcement/complain_about_a_location.asp


The complaint form may be submitted to TABC online, e-mailed, mailed, faxed and/or submitted on the TABC: Mobile App.

If submitted online, the online form will be sent to our Complaints email box.

If e-mailed, send the completed complaint form to: [email protected]

If mailed, send the completed complaint form to: Texas Alcoholic Beverage Commission Enforcement Division

P.O. Box 13127 Austin, Texas 78711

If faxed, send the completed complaint form to TABC Headquarters at (512) 206-3449. NOTE: If you wish to remain anonymous, do not provide any identifying information other than your personal e-mail

address. However, having your name, phone number and address would permit TABC investigators to contact you if they have questions concerning the information you provided and would also make it possible for TABC to report the outcome of the investigation to you.

To report a violation of the Texas Alcoholic Beverage Code, call toll-free: 1-888-THE-TABC or visit: www.tabc.texas.gov For more information on TABC programs and services, please contact your local TABC office or e-mail: [email protected]

Filing a complaint with TABC:Mobile If submitted via the TABC:Mobile Application, select the File a Complaint tab at the bottom of the smart device screen. TABC:Mobile is available on the iOS Store and Google Play for Apple iOS and Android smart devices. TABC:Mobile is TABC's preferred way of securely file complaints and officially file breach-of-peace reports quickly and easily. Filing with TABC:Mobile takes just minutes and provides verification of receipt by TABC.

For more information, visit our Mobile Applications page at: https://www.tabc.texas.gov/mobile/index.asp.


http://www.tabc.texas.gov/


https://www.tabc.texas.gov/mobile/index.asp


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Definitions (For additional definitions, see the Alcoholic Beverage Code.)

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. (AB Code §1.04 (1)) Alcohol Concentration means the number of grams of alcohol per 100 milliliters of blood; the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67 milliliters of urine. (Texas Penal Code §49.01(1)) Administrative Cases are against the license or permit and involve violations to the Alcoholic Beverage Code. Since a license or permit is a privilege and not a right, it is [they are] subject in an administrative case to revocation or suspension by the TABC for violations. The Code also provides grounds for denying an application for a permit or license in an administrative case.

Breach of Peace is any act which disturbs the public or even one person. It may include almost any criminal act causing or attempting intimidation such as displaying a weapon or shouting inappropriately.

Complaint Investigations are conducted to investigate a complaint.

Criminal Negligence means a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to receive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint. (Texas Penal Code §6.03(d)) Driving While Intoxicated (DWI) is an offense where a person operates a motor vehicle in a public place while intoxicated. (Texas Penal Code §49.04) Duty of Peace Officers means all peace officers in the state including those of the cities, counties, and state, shall enforce the provisions of this code and cooperate with and assist the Commission in detecting violations and apprehending offenders. (AB Code §101.07) DWI with a Child Passenger (DWI) is an offense if a person operates a motor vehicle in a public place while intoxicated and has a passenger that is under the age of 15. (Texas Penal Code §49.045) Intoxication is:

• not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or a combination of two or more of those substances into the body; or

• having an alcohol concentration of 0.08 or more. (Texas Penal Code §49.01(2))


Intoxication Assault means a person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. (Texas Penal Code §49.07) Intoxication Manslaughter means a person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes the death of another. (Texas Penal Code §49.08) Intoxication Murder means a defendant may be charged with murder, if while committing a felony, he/she performs an act “clearly dangerous to human life that causes the death of an individual.” A third DWI conviction is a felony offense. This means that if a person’s act of driving while intoxicated results in a person’s death, and the driver has two previous DWI convictions, the driver may be charged with murder. (Texas Penal Code §19.02 Murder) Licensee is a person who is the holder of a license provided in the AB Code, or any agent, servant, or employee of that person. Generally a license authorizes the handling of beer and/or wine. (AB Code §1.04(16)) Liquor is any alcoholic beverage containing alcohol in excess of 4% by weight, unless otherwise indicated. It includes distilled spirits, wine, ale and malt liquor. (AB Code §1.04(5)) Minor is anyone under the age of 21. (AB Code §106.01) Off-Premise is a licensed or permitted establishment where alcohol is sold for consumption at a different location. (AB Code Chapter 71) On-Premise is a licensed or permitted establishment where alcohol is sold by the drink for consumption at that location. (AB Code Chapter 69) Open Container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

Other Inspections may be conducted on a routine basis to facilitate other investigations or operations.

Passenger Area of a Motor Vehicle means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:

• a glove compartment or similar storage container that is locked; • the trunk of a vehicle; or • the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.


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Period of Suspension

(a) A period of suspension for a driver’s license under this chapter for an adult is:

(1) 90 days if the person's driving record shows no alcohol-related or drug-related enforcement contact during the 10

years preceding the date of the person's arrest; or

(2) one year if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts

during the 10 years preceding the date of the person's arrest.

(b) A period of suspension for a driver’s license under this chapter for a minor is:

(1) 60 days if the minor has not been previously convicted of an offense under Section 106.041, Alcoholic Beverage

Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,

involving the operation of a motor vehicle or a watercraft;

(2) 120 days if the minor has been previously convicted once of an offense listed by Subdivision (1); or

(3) 180 days if the minor has been previously convicted twice or more of an offense listed by Subdivision (1).

(c) For the purposes of determining whether a minor has been previously convicted of an offense described by Subsection

(b)(1):

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by Subsection (b)(1) is

considered a conviction under that provision; and

(2) an order of deferred adjudication for an offense alleged under a provision described by Subsection (b)(1) is

considered a conviction of an offense under that provision.

(d) A minor whose driver's license is suspended under this chapter is not eligible for an occupational license under

Subchapter L, Chapter 521, for:

(1) the first 30 days of a suspension under Subsection (b)(1);

(2) the first 90 days of a suspension under Subsection (b)(2); or

(3) the entire period of a suspension under Subsection (b)(3). (Transportation Code §524.022) Permittee is a person who is the holder of a permit provided for in the AB Code, or an agent, servant, or employee of that person. Generally a permit authorizes the handling of liquor. (AB Code §1.04(11))

Place and Manner means behavior that may be criminal in nature or detrimental to the general welfare, health or safety of the public that relates directly to the licensed premises is operated but is not specified in the TABC Code fall under Place or Manner violations. Some examples include excessive noise level, gambling, prostitution, which shall be determined under the Texas Penal Code. (16TAC §35.31 Defined.)

Premises are the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person. (§1.04(19), 11.49))

NOTE: Licensed Premises are any premises covered by permit or license issued by the Commission.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=AL&Value=106.041

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=PE&Value=49.04





http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=TN&Value=521


Protests result when an interested party protests the original or renewal of a permit or license. The protesting party must show the permit or license would result in a hazard to public safety or welfare or violates a provision of the Texas Alcoholic Beverage Code.

Public Intoxication means a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (Texas Penal Code §49.02)

Public Highway means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.

Public Place means any place to which the public or a substantial group of the public has access and includes but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment homes, office buildings, transport facilities and shops. (Texas Penal Code §1.07(40)) Note: For the purposes of legal hours of public consumption and/or the offense of public intoxication, a licensed or permitted premise is a public place. (AB Code §105.06(a-1))

Risk-Based Inspections are conducted at licensed locations that have been the site of public safety violations in the past 12 months. These locations are referred to as Priority Locations.

Source Investigation attempts to identify the source of an alcoholic beverage consumed by parties who are involved in a serious accident, assaultive offenses or DWI violations. The source investigation also attempts to determine if that source was acting within the law when the beverages were provided to the parties in question. If the alcoholic beverages were sold illegally, the TABC agent will prepare and file appropriate criminal and administrative charges against the provider of the alcoholic beverage. Subterfuge Investigations result when a license or permit holder provides false information to TABC to evade a rule, law, consequence or attempts to hide something from the TABC relating to the ownership or the application of a permit or license. Usually this involves someone allowing another party to use their license or permit. This is a 3rd degree Felony. Summary Suspension means the commission or administrator without a hearing may for investigative purposes summarily suspend a permit issued under Chapter 32 or 33 for not more than seven days if the commission or administrator finds that a shooting, stabbing or murder has occurred on the licensed premises that is likely to result in a subsequent act of violence. (AB Code §11.61(d))

Unique Inspections are conducted to evaluate a location that has not yet been inspected during the current fiscal year.

Wine and Vinous Liquor is a product obtained from the alcoholic fermentation of juice of grapes, fruit, berries, or honey, and includes wine coolers. (AB Code §1.04(7)) Zero Tolerance Law means a minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having ANY detectable amount of alcohol in the minor’s system. (AB Code §106.41 and Transportation Code §524.02)

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual – Module 1

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Module 1: TABC Underage Drinking Investigations Reporting

In Texas, the consequences of a minor (anyone under 21) drinking alcohol is serious. Underage drinking and drinking to intoxication are particular concerns due to public safety issues, which may include sexual assault, serious injury or fatalities and alcohol-related motor vehicle crashes.

Module 1 will look at the responsibility of establishments selling and serving alcohol to consumers and their role in voluntary compliance with the Texas Alcoholic Beverage Code. Learning Objectives:

• Review the laws and penalties for providing, furnishing and selling alcohol to minors. • Review the Zero Tolerance Law and Minor Penalties. • Discuss the Provisions Related to Age in Chapter 106 of the Texas Alcoholic Beverage Code; and refer to the

Minor Offenses in Texas Peace Officer’s Guide to the Alcoholic Beverage Code. • View and discuss a real-world underage drinking investigations video scenario (provided). • Examine the questions in the video review and information to report to the TABC.

Materials:

You will need the following materials for this lesson.

• Pen and paper for notes if needed. • Texas Alcoholic Beverage Code Book reference to Chapter 106. Provisions Relating to Age pages 154-163. • Texas Peace Officer’s Guide to the Alcoholic Beverage Code Book reference (optional) for Offenses Related

to Minors pages 10-24. • Video: “TABC Underage Drinking Investigations,” which is FREE to law enforcement agencies and may be

ordered by visiting: www.2young2drink.com.

http://www.2young2drink.com/programs-materials/law-enforcement/law-enforcement-investigations-reporting/

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual – Module 1 15

Introductory Discussion

Providing or Furnishing Alcohol to a Minor It is illegal in Texas for a person under the age of 21 to consume or possess an alcoholic beverage with a few exceptions. Adults (age 21 or older) and minors (under age 21) who give alcohol to a minor face a stiff penalty. However, a person may provide alcohol to a minor if he or she is the minor’s adult parent, guardian or spouse, and is visibly present when the minor possesses or consumes the alcoholic beverage. Parents, guardians and spouses may still be held liable for damages caused by intoxication of a minor under 18, but they do not violate the law by providing alcoholic beverages to their child, ward or spouse.

[TABC Code §106.06]

Penalties for Providing or Furnishing Alcohol to a Minor A person commits an offense if a person (adult or minor) purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. A person may face:

• Class A misdemeanor; • Alcohol awareness class; • 20 to 40 hours of community service; and • 180-day loss or denial of driver's license

Sale to a Minor is a Class A misdemeanor

A person commits an offense if with criminal negligence he/she sells an alcoholic beverage to a minor, which is punishable by a fine up to $4,000, confinement in jail for up to a year, or both.


Punishment for Alcohol-Related Offense by a Minor Minors who purchase, attempt to purchase, possess or consume alcoholic beverages as well as minors who are intoxicated in public or misrepresent their age to obtain alcoholic beverages may face the following consequences:

[TABC Code §106.071, §106.115 including an offense under §§106.02, 106.025, 106.04, 106.05 or 106.07]


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First Offense: Second Offense: Third Offense: If a minor is 17 years of age or older (a minor, who is not a child) and the violation is the 3rd:

• Class C misdemeanor; • Alcohol awareness class; • 8 to 12 hours of community service;

and • 30-day loss or denial of driver's

license.

• Class C misdemeanor; • Alcohol awareness class; • 20 to 40 hours of community

service; and • 60-day loss or denial of driver's

license.

• Class C misdemeanor, punishable by a fine not less than $250 or no more than $2,000;

• Confinement in jail not to exceed 180 days; or

• Both fine and confinement; • 20 to 40 hours of community service; • 180-day automatic loss or denial of

driver’s license. NOTE: A minor with previous alcohol related conviction will have his or her driver’s license suspended for one year if the minor does not attend alcohol awareness training that has been required by the judge. Additionally, the violator will have his or her driver’s license suspended for one year if the minor does not attend alcohol awareness training that has been required by a judge.

Zero Tolerance Law, Driving Under the Influence of Alcohol (DUI) and Minor Penalties In Texas it is illegal for a person under 21 to operate a motor vehicle in a public place while having ANY detectable amount of alcohol in their system. On September 1, 2009, this law was expanded to include watercraft in addition to motor vehicles.

[TABC Code §106.041 and Transportation Code §524.022]

First Offense: Second Offense: Third Offense: A third offense is not eligible for deferred adjudication.

• Class C misdemeanor, punishable by a fine up to $500;

• Attendance at an alcohol awareness class;

• 20 to 40 hours of mandatory community service; and

• 60-day driver's license suspension. The minor would not be eligible for an occupational license for the first 30 days.

• Class C misdemeanor, punishable by a fine up to $500;

• Attendance at an alcohol awareness class at judge’s discretion;

• 40 to 60 hours of community service; and

• 120-day driver's license suspension. The minor would not be eligible for an occupational license for the first 90 days.

• The minor's driver's license is suspended for 180 days and an occupational license may not be obtained for the entire suspension period.

• If the minor is 17 years of age or older, the fine increases to $500 to $2,000, confinement in jail for up to 180 days, or both.


Provisions Relating to Age Table 1 lists the criminal and administrative violations listed in Chapter 106, Provisions Relating to Age in the Texas Alcoholic Beverage Code. Use the TABC Codes listed below to answer questions about the “TABC Underage Drinking Investigations” video on pages 18-19.

Table 1 - Alcoholic Beverage (AB) Code, Chapter 106. Provisions Relating to Age Criminal Administrative

Sale/Serve/Deliver AB to Minor – Alcoholic Beverage Code §106.03

Sell/Serve/Dispense/Deliver Alcoholic Beverage To Minor – Alcoholic Beverage Code §106.03

Minor in Possession/Consumption – Alcoholic Beverage Code §§106.04 and 106.05

Employ Person Under 18 to Sell/Handle Alcoholic Beverage– Alcoholic Beverage Code §106.08

Purchase/Furnish/Making AB Available to A Minor – Alcoholic Beverage Code §106.06

Permitting Minor to Possess/Consume – Alcoholic Beverage Code §106.13

Misrepresent Age by Minor – Alcoholic Beverage Code §106.07

Employ Person Under 18 to Work Nude – Texas Penal Code Title 9 §43.251 Subchapter A (b)(1)(2)

False Altered Id Specific – Alcoholic Beverage Code §106.07

Employ Person Under 18 to Taxi Dance – Alcoholic Beverage Code §106.15

Attempted Purchase AB by Minor – Alcoholic Beverage Code §106.025

DUI-Minor – Alcoholic Beverage Code §106.041 NOTE: See the Texas Alcoholic Beverage Code Book reference to Chapter 106. Provisions Relating to Age on pages 154-163; and/or the Texas Peace Officer’s Guide to the Alcoholic Beverage Code Book reference (optional) for Offenses Related to Minors pages 10-24. TABC Underage Drinking Investigations Video

TOTAL RUN TIME: 4:21

Video Summary and Review: The “TABC Underage Drinking Investigations” video begins with two patrol officers investigating a report of underage drinking and of a bartender serving alcohol to minors at the Cattle Bar Lounge. Once inside, the officers observe two minors sitting at the bar drinking alcoholic beverages. The officers split up to question both the bartender and the minors.


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Officer Kirby confirms that the bartender is an employee of the bar, and asks if he checked the two individuals for identification. The bartender admits he did not check their IDs and served the minors alcohol.

Meanwhile, Officer Johnson questions the minors about how they purchased their drinks. The female minor responds that the bartender did not ask them for their identification. The male minor responds that he bought the alcohol using his credit card. After Officer Johnson serves the minors a Minor-In-Possession (MIP) citation for the violation the officers discuss the information that they will share with the TABC, who will follow up with the owner of the licensed location.

NOTE: The video is set at an on-premise location, but has similar information that could be reported to TABC for an off-premise location.

1. What do the officers do with the information collected? The officers will turn over all of the information collected to the TABC. A TABC agent will be assigned to the case and they will work with the license or permit holder in an effort to eliminate the public safety risk of selling/serving alcohol to minors.

2. What information is needed to report to TABC?

A. The bar is selling alcohol to minors. • Minors are purchasing and consuming alcoholic beverages at the bar.

B. The bartender is an employee of the bar, who: • Failed to establish age by not asking the minors for identification; and • Knowingly and willingly sold alcoholic beverages to minors.

C. The officers collected receipts of all the bar’s alcohol sales. • This information provided the officers with a record of the alcoholic beverages were sold and who purchased

them. NOTE: The bar is not required to check identification. The person who sells alcohol to a minor does not commit an offense if 106.03 (b) AB Code is met. 3. What violations occurred?

• The employee failed to establish age verification by not checking the minors’ identification. • The employee provided, furnished and sold alcoholic beverages to minors. • The minors were in possession of and consuming alcoholic beverages.

4. Which Criminal and Administrative AB Codes in Chapter 106 Provisions Relating to Age were violated? Criminal Administrative

Sale/Serve/Deliver AB to Minor – Alcoholic Beverage Code §106.03

Sell/Serve/Dispense/Deliver Alcoholic Beverage To Minor – Alcoholic Beverage Code §106.03

Minor in Possession/Consumption – Alcoholic Beverage Code §§106.04 and 106.05

Permitting Minor to Possess/Consume – Alcoholic Beverage Code §106.13

Purchase/Furnish/Making AB Available to A Minor – Alcoholic Beverage Code §106.06

Misrepresent Age by Minor – Alcoholic Beverage Code §106.07 Attempted Purchase AB by Minor – Alcoholic Beverage Code §106.025


5. The TABC may take actions that include but are not limited to:

Opening a complaint against the location. Any further action will be dependent on numerous factors including information in a report from local law enforcement and prior history of the location. The TABC agent may issue an administrative notice for a public safety violation.

A location that is cited for a public safety violation is included on the agency’s Priority List. A risk-based inspection is conducted to ensure that the Priority Location complies with the law. If an agent issues more than one citation on one occasion, this will only count as one violation for the purpose of the priority list.

Priority Classification – Inspection Frequency A location classified as Priority One will be inspected at least once every 14 days until it has undergone three inspections with no public safety violations found. At that time, the location will become a Priority Two. A location classified as a Priority Two will be inspected at least once a month until six months have passed since the last public safety violation. At that time, the location will become a Priority Three. A location classified as a Priority Three will be inspected at least once every three months until it has been 12 months since the last public safety violation or administrative case regulated to gambling, prostitution, and lewd conduct or other vice related offense. At that time, the location will drop off the Priority List. A location classified as Priority Four will be inspected at least every six months until it has been 12 months since the last warning for a public safety or vice related offense. At that time, the location will drop off the Priority List.

NOTE: Inspections may be conducted in an open or undercover capacity.

The agent will offer education to the license/permit holder, as well as suggestions of best practices and other ways to prevent violations of the law. TABC will allow time for the license or permit holder to make operational changes before conducting follow-up inspections.

Partnering with Local Law Enforcement – Minor Stings The TABC is also available to assist local law enforcement agencies with underage drinking investigations in their communities. One way the TABC does this is by conducting undercover minor stings. The use of minor stings has shown that retailers are responsible when it comes to the sale of alcoholic beverages to minors. While minor stings may be a controversial law enforcement tool, it is nonetheless an excellent means of combating the problems associated with the unlawful purchase and consumption of alcoholic beverages by young Texans. By partnering with other law enforcement agencies, the TABC has been able to make a concerted effort to curb the availability of alcohol to minors.

For more information on Minor Sting Operations contact your local TABC office or visit: https://www.tabc.texas.gov/enforcement/minor_stings.asp. TABC has a law enforcement video entitled “TABC Minor Stings for Law Enforcement,” which is free to law enforcement agencies. To obtain your free copy, please send your request via email to: [email protected].

https://www.tabc.texas.gov/enforcement/minor_stings.asp


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Concluding Discussion – TABC Underage Drinking Investigations Reporting

What is needed to report?

Local law enforcement agencies are encouraged to turn over any information related to public safety issues involving underage drinking to the TABC. Information collected may include but is not limited to documentation that supports violations of: • Employee failed to establish age verification by not checking the minors’ identification. • Employee provided, furnished and/or sold alcoholic beverages to minors. • Minors were in possession of and/or consuming alcoholic beverages. • Receipts or tabs of the bar’s alcoholic beverage sales. • Photographs of the scene. • Offense/crash reports. • Social media posts. • Witness statements, or • Any additional information to assist in the investigation. Benefits of contacting the TABC? TABC may assist local law enforcement agencies with investigations by undertaking the administrative side of the investigation, working with the license/permit holder, and/or deciding if a TABC undercover or minor sting operation is necessary to identify the source of the alcohol. Law enforcement agencies are encouraged to contact the TABC as soon as a possible or within 24 hours. In addition, the TABC has free education materials available on our YouTube Channel: https://www.youtube.com/TABCChannel.

TABC also has two minor sting titles that explain the recruitment process of a minor sting operation. TABC’s “Minor Sting Recruitment Video for Minors” is targeted to youths 18 years of age or younger and the “Minor Sting Parent Informational Video” is targeted to parents and guardians of minors interested in participating in a minor sting. To obtain free copies of training videos and public service announcements (PSA) on the TABC YouTube Channel please send requests via email to: [email protected].

https://www.youtube.com/TABCChannel

https://www.youtube.com/TABCChannel



Module 2: TABC Prohibited/After Hours Alcohol Sales Investigations Reporting

Module 2 discusses the laws and hours of legal alcohol sales by permit type in Texas. A bar or restaurant, which is an on-premise location that has a late hours permit, may sell alcohol for on-premise consumption until 2:00 a.m. any night of the week, and on Sunday from noon to 2:00 a.m.

NOTE: Alcohol may be served Sunday starting at 10:00 a.m. with the service of food at a licensed business with a TABC Food and Beverage Certificate or at a festival, fair or concert or sports venue (only in conjunction with food). Whereas, a convenience store or grocery store, which is an off-premise beer/wine location may only sell alcohol Monday through Friday from 7:00 a.m. until midnight, on Saturday from 7:00 a.m. until 1:00 a.m. and Sunday from noon until midnight. A package store (liquor store) is only permitted to sell alcohol Monday through Saturday 10:00 a.m. to 9:00 p.m. and is closed on Sunday. Learning Objectives:

• Identify the legal hours of alcoholic beverage sales and consumption and refer to the Texas Alcoholic Beverage Code and the Texas Peace Officer’s Guide to the Alcoholic Beverage Code.

• Discuss the Provisions Related to Hours of Sale in Chapter 105 of the Texas Alcoholic Beverage Code. • View and discuss a real-world after hour sales investigations video scenario (provided). • Examine the questions in the video review and information to report to the TABC.

Materials:

You will need the following materials for this lesson:

• Pen and paper for notes if needed. • Texas Alcoholic Beverage Code Book reference to Chapter 105. Hours of Sale and Consumption pages 152-154. • Texas Peace Officer’s Guide to the Alcoholic Beverage Code Book reference (optional) for the Administrative

Checklist for Prohibited Hours Violations pages 70-78. • Video: “TABC Prohibited/After Hours Alcohol Sales Investigations,” which is free to law enforcement agencies and

may be ordered by visiting: www.2young2drink.com.



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In Texas, there are plenty of legal ways to sell alcohol. However, if permittees/licensees are operating outside the legal hours of sale and consumption, then it is possible that they are allowing or participating in other public safety violations (i.e. related to noise complaints, driving under the influence (DUI) and/or driving while intoxicated (DWI) due to longer periods of drinking alcoholic beverages.

Legal Hours of Sale – On-Premise Retail Locations (Bars, nightclubs, restaurants – some locations may be able to sell for off -premise consumption (to go) during Standard Hours – check the table of permits and licenses): Standard Hours (depends on size or local ordinance):

Monday through Saturday 7:00 a.m. - midnight Sunday (Saturday Night) Midnight - 1:00 a.m. Sunday ***Noon - Midnight

Extended Hours (depends on size or local ordinance and whether they have a late hours permit): Monday through Saturday 7:00 a.m. - 2:00 a.m. Sunday ***Noon - 2:00 a.m. *** 10:00 a.m. with the service of food or at a festival, fair, concert or Sports Venue

Legal Hours of Sale – Off-Premise Retail Locations (Sale to go) locations (e.g. convenience stores, grocery stores, truck stops – some have a type of on-premise permit – if they do, there should be tables for consumers)

Monday through Saturday 7:00 a.m. - Midnight Sunday (Saturday Night) Midnight - 1:00 a.m. Sunday Noon - Midnight

Legal Hours of Sale – Package Stores (Liquor Stores) Monday through Saturday 10:00 a.m. to 9:00 p.m.

Closed: Sunday, New Year’s Day, Thanksgiving, and Christmas Day. If Christmas or New Year’s Day falls on a Sunday, closed the following Monday.

NOTE: If a customer has entered a package store during hours in which the package store may sell alcohol and is still in the store at the time the hours of legal sale end, the permittee may allow the customer to remain in the store for a reasonable amount of time to finish shopping, and the permittee may sell an alcoholic beverage to that customer even though the sale occurs after the designated end of the hours of legal sale. [Section 22.17 AB Code]

Legal Hours of Sale & Consumption – Brewery

Monday through Saturday 8:00 a.m. – Midnight Sunday 10:00 a.m. – Midnight


Legal Hours of Sale & Consumption – Winery

Monday through Saturday 8:00 a.m. – Midnight Sunday 10:00 a.m. – Midnight New Year’s Day Midnight – 2:00 a.m.

Legal Hours of Sale - Distillery for On-Premise Consumption (same as Mixed Beverage Permit) Monday through Saturday 7:00 a.m. - Midnight Sunday (Saturday Night) Midnight - 1:00 a.m. Sunday *** Noon - Midnight *** 10:00 a.m. to noon on Sunday with the service of food

Legal Hours of Sale - Distillery for Off-Premise Consumption (same as a Package Store Permit) Monday through Saturday 10:00 a.m. to 9:00 p.m.

No Off-Premise Sales at Distillery: Sunday, New Year’s Day, Thanksgiving, Christmas Day. If Christmas or New Year’s Day falls on a Sunday, no off-premise sales on the following Monday.

Legal Hours of Public Consumption

[TABC Code §105.06] Standard Hours (depends on size or local ordinance):

Monday through Saturday 7:00 a.m. - 12:15 a.m. Sunday (Saturday Night) Midnight - 1:15 a.m. Sunday ***Noon - 12:15 a.m.

Extended Hours (depends on size or local ordinance): Monday through Saturday 7:00 a.m. - 2:15 a.m. Sunday ***noon - 2:15 a.m. *** 10:00 a.m. with the service of food or at a festival, fair or concert or Sports Venue

NOTE: In addition to the individual criminal violation of Consuming Alcoholic Beverage during Prohibited Hours, there are several violations that have an Administrative nexus – they involve the behavior of permittees/licensees.

Bring Your Own Bottle (BYOB) businesses or events are not regulated by the Texas Alcoholic Beverage Code.

Sales and Consumption during Prohibited Hours A permittee commits an offense if the person sells or offers for sale an alcoholic beverage during prohibited hours.

A permittee commits an offense if the permittee consumes or permits the consumption of an alcoholic beverage on the person’s licensed or permitted premises during prohibited hours.

An offense under this section is a Class A misdemeanor.



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Provisions Related to Hours of Sale Table 2 lists the criminal and administrative violations for Hours of Sale in Chapter 105 of the Alcoholic Beverage Code. Use the TABC Codes listed below to answer questions about the “TABC Prohibited/After Hours Alcohol Sales Investigations” video on page 25.

Table 2 - Alcoholic Beverage Code, Chapter 105. Hours of Sale

Criminal Administrative Consume AB During Prohibited Hours – Alcoholic Beverage Code §§105.06 and 105.10

Inspection Refusal – Prohibited Hours – Alcoholic Beverage Code §101.04

Permit Consumption AB During Prohibited Hours – Alcoholic Beverage Code §11.61

Consumption During Prohibited Hours – Alcoholic Beverage Code §105.06

Sale/Serve/Deliver AB During Prohibited Hours – Alcoholic Beverage Code §105.10

Permit Consumption – Prohibited Hours – Alcoholic Beverage Code §11.61

Licensee/Permittee Consume AB During Prohibited Hours – Alcoholic Beverage Code §11.61

NOTE: Texas Alcoholic Beverage Code Book reference to Chapter 105. Hours of Sale and Consumption on pages 152-154; and/or the Texas Peace Officer’s Guide to the Alcoholic Beverage Code Book reference (optional) for the Administrative Checklist for Prohibited Hours Violations on pages 70-78. TABC Prohibited/After Hours Alcohol Sales Investigations Video


Video Summary and Review: It’s 2:45 a.m. and Officers Johnson and Kirby are on patrol when they observe a full parking lot at the Cattle Bar Lounge. After arriving on scene, Officer Kirby states that it is ok for a bar to stay open after hours, but the law states that they may not continue to sell alcoholic beverages and may not allow customers to continue to drink alcohol.

The officers park their patrol vehicle and walk inside the bar where they observe a large crowd of patrons drinking alcoholic beverages. Officer Kirby walks up to the bartender at the bar, who is clearly ignoring the law by selling alcoholic beverages to patrons after 2:00 a.m. As Officer Kirby observes a patron ordering an alcoholic beverage he waits until the sale is complete and then questions the bartender about his alcohol sales to confirm the time of the sale at 2:45 a.m.


Officer Johnson makes note of the violation and of how many people in the bar are still drinking alcohol. Officer Kirby points out to the bartender that the bar’s license prohibits selling alcohol after 2:00 a.m. Officer Johnson notes the prohibited hours violation and how many patrons were in the bar consuming alcohol. He instructs the bartender to stop selling alcoholic beverages.

The two officers walk out the bar and stress the importance of passing all the evidence they have collected to the TABC so the Commission may open a complaint case against the bar. Their investigative work also assists the TABC to conduct their own after hour sales investigation against the bar, which may lead to administrative action.

1. What will the officers do with the information collected?

The officers may turn over all of the information collected to the TABC. A TABC agent will be assigned to the case and they may work with the license or permit holder in an effort to eliminate the public safety risk of selling alcohol after hours.

2. What information is needed to report to TABC?

A. The bartender was an employee of the bar, who: • Failed to observe licensed/permitted hours of sale. • Sold and served alcoholic beverages to patrons of the bar after 2:00 a.m.

B. Patrons purchased and consumed alcoholic beverages up to 45 minutes after permitted sale hours, which ended at 2:00 a.m.

3. What violations occurred?

• Sale, serve/delivered alcoholic beverages during prohibited hours. • Consuming/consumption of alcoholic beverages during prohibited hours.

4. Which Criminal and Administrative AB Codes were violated?

Criminal Administrative Consume AB During Prohibited Hours – Alcoholic Beverage Code §§105.06 and 105.10

Inspection Refusal – Prohibited Hours – Alcoholic Beverage Code §101.04

Permit Consumption AB During Prohibited Hours – Alcoholic Beverage Code §11.61

Consumption During Prohibited Hours – Alcoholic Beverage Code §105.06

Sale/Serve/Deliver AB During Prohibited Hours – Alcoholic Beverage Code §105.10

Permit Consumption – Prohibited Hours – Alcoholic Beverage Code §11.61

Licensee/Permittee Consume AB During Prohibited Hours – Alcoholic Beverage Code §11.61

5. The TABC may take actions that include, but are not limited to:

First, the TABC will open a complaint against the location. Any further action will be dependent on numerous factors including information in a report from local law enforcement and prior history of the location. The TABC agent may issue an administrative notice for a public safety violation. A location that is cited for a public safety violation is added to the agency’s Priority List. A risk-based inspection is conducted to ensure that the Priority Location complies with the law. If an agent issues more than one citation on one occasion, this will only count as one violation for the purpose of the priority list.


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Priority Classification – Inspection Frequency A location classified as Priority One will be inspected at least once every 14 days until it has undergone three inspections with no public safety violations found. At that time, the location will become a Priority Two. A location classified as a Priority Two will be inspected at least once a month until six months have passed since the last public safety violation. At that time, the location will become a Priority Three.

A location classified as a Priority Three will be inspected at least once every three months until it has been 12 months since the last public safety violation or administrative case regulated to gambling, prostitution, and lewd conduct or other vice related offense. At that time, the location will drop off the Priority List.

A location classified as Priority Four will be inspected at least every six months until it has been 12 months since the last warning for a public safety or vice related offense. At that time, the location will drop off the Priority List.



Partnering with Local Law Enforcement – Undercover Operations The TABC is also available to assist local law enforcement agencies in their communities with undercover operations when the sale or consumption of alcoholic beverages during prohibited hours occurs. One way the TABC does this is by conducting Risk-Based Focus Investigations. For more information on TABC’s undercover operations contact your local TABC office or visit: https://www.tabc.texas.gov/enforcement/riskbased_enforcement.asp.

The video, “TABC Prohibited/After Hours Alcohol Sales Investigations” is free to law enforcement agencies. To obtain a free copy, please visit: www.2young2drink.com.

Concluding Discussion – TABC Prohibited/After Hours Alcohol Sales Investigations Reporting

It is important for law enforcement to conduct inspections at TABC licensed locations where after hours sales of alcoholic beverages violate the law. Individuals drinking after hours and who drive while intoxicated (DWI) pose a serious risk to public safety. When a violation of the Alcoholic Beverage Code is found, law enforcement is encouraged to contact the TABC within 24 hours or as soon as possible.

What is needed to report?

Local law enforcement agencies are encouraged to turn over any information related to public safety issues involving prohibited/after hours sales and service of alcoholic beverages to the TABC. Information collected may include but is not limited to: documentation that supports violations of the sale, service or delivery of alcoholic beverages during prohibited sale hours, consumption of alcoholic beverages after permitted sale hours and permitting the consumption of alcoholic beverages after permitted sale hours.

https://www.tabc.texas.gov/enforcement/riskbased_enforcement.asp



Benefits of contacting TABC?

TABC is available to assist local law enforcement agencies with investigations by undertaking the administrative side of the investigation, working with the license/permit holder, and/or deciding if a TABC undercover operation is necessary to determine the source of the alcohol. In addition, TABC has its own YouTube Channel: www.youtube.com/tabcchannel. To obtain free copies of training videos and public service announcements (PSA) please send your request via email to: [email protected].



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Module 3: Texas Driving While Intoxicated (DWI) Laws and TABC Source Investigations Reporting

Some of the most serious consequences of the over-service or over-consumption of alcoholic beverages are vehicle crashes resulting from individuals driving while intoxicated. The consequences of excessive drinking and intoxication are far reaching and may impact others, whether they choose to consume alcohol or not.

Learning Objectives:

• Review the Texas Driving While Intoxicated (DWI) Laws that may lead to a TABC Source Investigation. • Discuss Chapter 49. Intoxication and Alcoholic Beverage Offenses of the Texas Penal Code, Section 45.103 On-

Premise Promotions of the Alcoholic Beverage Rules and Section 101.63 Sale to Certain Persons of the Alcoholic Beverage Code.

• Define: TABC source investigation. • View and discuss a real-world DWI crash and/or fatality, which may lead to a TABC Source Investigation video

scenario (provided). • Examine the questions in the video review and information to report to the TABC.

Materials: You will need the following materials for this lesson:

• Pen and paper for notes if needed. • Texas Alcoholic Beverage Code Book reference to the Texas Alcoholic Beverage Code for Section 101.63 Sale to

Certain Persons page 130, and the Texas Penal Code – Chapter 49. Intoxication and Alcoholic Beverage Offenses pages 233-237.

• Texas Alcoholic Beverage Administrative Rules Book for reference (optional) to Section 45.103 On-Premise Promotions pages 107-108.

• Texas Peace Officer’s Guidebook to the Alcoholic Beverage Code Book reference (optional) for the Administrative Checklist for Intoxication Offenses pages 64-70.

• Video: “DWI Laws and TABC Source Investigations,” which is free to law enforcement agencies and may be ordered by visiting: www.2young2drink.com.




TABC-licensed retailers and their employees are legally obligated to refuse sales to minors and intoxicated persons. People in the service industry are encouraged to attend a TABC-approved Seller Training Course and be trained on how to identify minors and intoxicated persons.

Texas DWI Laws

Driving Under the Influence – Minors Section 106.041 of the Alcoholic Beverage Code makes it illegal for a minor to operate a motor vehicle or a watercraft in a public place while having any detectable amount of alcohol in the minor’s system. Driving under the influence is a Class C misdemeanor, punishable by a fine up to $500, an alcohol awareness course, community service, and driver’s license suspension. Driving While Intoxicated Section 49.04 of the Penal Code states that a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Driving While Intoxicated with an Open Container Section 49.04 of the Penal Code also states that driving while intoxicated while the driver had an open container of alcohol in the person's immediate possession is a Class B misdemeanor, with a minimum term of confinement of six days. Driving While Intoxicated with a Child Passenger Section 49.045 of the Penal Code states that driving while intoxicated while the vehicle being is occupied by a passenger who is younger than 15 years of age is a state jail felony. Open Container Law (Possession of Alcoholic Beverage in a Motor Vehicle) Section 49.031 of the Penal Code says that a person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. An offense under this section is a Class C misdemeanor, punishable by a fine up to $500.


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Provisions Related to Intoxication and Alcoholic Beverage Offenses Table 3 lists the criminal and administrative penalties for DWI in Chapter 105 of the AB Code. Use the TABC Codes listed below to answer questions about the “DWI Laws and TABC Source Investigations” video on pages 32-33.

Table 3 - Texas Penal Code – Chapter 49. Intoxication and Alcoholic Beverage Offenses and Alcoholic Beverage Code – Sections 45 and 101

Criminal Administrative Public Intoxication – Texas Penal Code §49.02 Sale to Certain Persons – Alcoholic Beverage Code

§101.63 Possession of Alcoholic Beverage in Motor Vehicle – Texas Penal Code §49.031

On-Premise Promotions – Alcoholic Beverage Rule §45.103

Driving While Intoxicated – Texas Penal Code §49.04

Driving While Intoxicated With Child – Texas Penal Code §49.045 Flying While Intoxicated – Texas Penal Code §49.05 Boating While Intoxicated – Texas Penal Code §49.06 Assembling Or Operating An Amusement Ride While Intoxicated – Texas Penal Code §49.065 Intoxication Assault – Texas Penal Code §49.07 Intoxication Manslaughter – Texas Penal Code §49.08 Enhanced Offense and Penalties – Texas Penal Code §49.09 No Defense – Texas Penal Code §49.10 Proof of Mental State Unnecessary – Texas Penal Code §49.11 Applicability to Certain Conduct – Texas Penal Code §49.12

NOTE: See the Texas Alcoholic Beverage Code Book reference to the Texas Alcoholic Beverage Code for Section 101.63 Sale to Certain Persons on page 130, and the Texas Penal Code – Chapter 49. Intoxication and Alcoholic Beverage Offenses on pages 233-237.

Optional references:

• Texas Alcoholic Beverage Administrative Rules Book for reference to Section 45.103 On-Premise Promotions pages on 107-108.

• Texas Peace Officer’s Guidebook to the Alcoholic Beverage Code Book reference for the Administrative Checklist for Intoxication Offenses on pages 64-70.


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TABC Source Investigations

A TABC source investigation is a type of complaint investigation that attempts to identify the source of the alcoholic beverages consumed by persons who are involved in a serious crash or DWI violation where alcohol is involved. In addition, a source investigation also attempts to determine if the source of the alcoholic beverages acted within the law when they provided the alcoholic beverages to the intoxicated person.

If the alcoholic beverages were sold or delivered illegally, a TABC agent will prepare and file appropriate administrative charges against the provider of the alcoholic beverages. Agents will work with license and permit holders in an effort to eliminate further public safety risks.

NOTE: If there is an alcohol-related fatality or serious injury in your area please contact your local TABC office, so that we may work together to address the total incident and to prevent future incidents from the particular source.

Dram Shop Act

The law known as the Dram Shop Act deals with the responsibility of businesses that sell alcohol to people who are obviously intoxicated to the extent that he or she presents a clear danger to him or herself or others, who subsequently cause property damage, injury, or death to themselves or others. This means that if alcohol is sold to an intoxicated person, and that person is involved in an accident, then whoever sold, served, or provided the alcoholic beverages may be found liable for personal injury or property damage caused in the accident.

Background:

Texas Legislature enacted the Dram Shop Act on June 1, 1987, in Chapter 2 of the Texas Alcoholic Beverage Code. Section 2.03 of the Code says Chapter 2 is the exclusive means of pursuing the provider for damages resulting from intoxication.

Penalties:

The licensee/permittee is subject to revocation of their license/permit for violating the Dram Shop Act. Liability for damages caused would be determined in a civil court.


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DWI Laws and TABC Source Investigations Video

TOTAL RUN TIME: 5:06 Video Summary and Review: Officer Jones is conducting a source investigation on a DWI fatality crash. Officer Jones meets with TABC agent Bob Simmons at Joe’s Bar to determine if the bar is responsible for the intoxication. Officer Jones and Agent Simmons partner to collect and share evidence that assist them in building their criminal and administrative cases. At Joe’s bar, Agent Simmons and Officer Jones meet to discuss the driver’s posts on social media as well as receipts Officer Jones located from the crash scene. Officer Jones and Agent Simmons meet with Craig, the bar manager to collect bar tabs for the alcoholic beverages that were sold at Joe’s Bar to the patron(s) involved in the crash. The manager is reluctant to open the cash register and provide the tabs. Craig states that the bartender will be in at 6:00 p.m. and the officers will need to wait a few hours until the bartender may open the register. Agent Simmons assures the manager that he should be able to get to the receipts. The manager agrees and opens the cash register to provide the bar tabs. Officer Jones and Agent Simmons review the tabs and request a list of the employees at the bar. Again the bar owner hesitates to provide the requested information and a list of the bar’s staff is produced. Officer Jones notices the video surveillance system and requests to view the footage recorded from 10:00 p.m. to 2:30 a.m. At the end of the video, Agent Simmons discusses the importance of law enforcement sharing information (evidence) found during an investigation with the TABC. NOTE: If consent is withdrawn and the officer does not obtain a warrant this may jeopardize the criminal offense. 1. What may the officers do with the information collected?

First, the TABC agent may open a complaint investigation to eliminate the public safety risk of selling to intoxication which may have led to the DWI violation. The officers may turn over all of the information collected such as bar tabs or receipts, social media posts, crash reports, photographs of the scene, offense reports, and a timeline of events with statements from witnesses to assist TABC in the source investigation.


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2. What information is needed to report to TABC? • Contact the TABC as soon as possible if alcohol is suspected in a crash where alcohol is involved or DWI violation

resulting with major injuries and/or a fatality. • Look for clues on social media. • Review all bar tabs (receipts of alcoholic beverages purchased). • Collect staff schedules and interview any staff that were working at the time; and • Collect surveillance videos.

3. What violations occurred?

• Sale, serve/delivered alcoholic beverages to intoxication • Consuming/consumption of alcoholic beverages to intoxication • Possession of alcoholic beverages in motor vehicle • Driving While Intoxicated • Intoxication Assault • Intoxication Manslaughter

4. Which Criminal and Administrative Code of the Texas Penal and Alcoholic Beverage Codes were violated?

Criminal Administrative Public Intoxication – Texas Penal Code §49..02 Sale to Certain Persons – Alcoholic Beverage

Code §101.63 Possession of Alcoholic Beverage in Motor Vehicle – Texas Penal Code §49.031

On-Premise Promotions – Alcoholic Beverage Code §45.103

Driving While Intoxicated – Texas Penal Code §49.04

Intoxication Assault – Texas Penal Code §49.07 Intoxication Manslaughter – Texas Penal Code §49.08 Enhanced Offense and Penalties – Texas Penal Code §49.09 No Defense – Texas Penal Code §49.10 Proof of Mental State Unnecessary – Texas Penal Code §49.11 Applicability to Certain Conduct – Texas Penal Code §49.12


First, the TABC will open a complaint against the location. Further action will be dependent on numerous factors including information in a report from local law enforcement and prior history of the location. The TABC agent may issue an administrative notice for a public safety violation.

A location that is cited for a public safety violation is included on the agency’s Priority List. A risk-based inspection is conducted to ensure that the Priority Location complies with the law. If an agent issues more than one citation on one occasion, this will only count as one violation for the purpose of the priority list.


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Partnering with Local Law Enforcement – Undercover Operations The TABC is also available to assist local law enforcement agencies in their communities with undercover operations when the sale or consumption of alcoholic beverages during prohibited hours occurs. One way the TABC does this is by conducting source investigations. For more information on TABC’s undercover operations contact your local TABC office or visit: https://www.tabc.texas.gov/enforcement/source_investigations.asp. The “DWI Law and TABC Source Investigations” video is available to law enforcement on our YouTube Channel: www.youtube.com/tabcchannel. To obtain a free copy please visit: www.2young2drink.com.

NOTE: TABC will allow time for the license or permit holder to make operational changes before conducting follow-up inspections. Locations will be given more time if the training is accepted (possibly a few weeks) versus if it is denied (possibly only a few days). The TABC is also available to assist local law enforcement agencies with source investigations in their communities. The TABC may do this is by conducting undercover stings. For more information on undercover operations contact your local TABC office or visit: https://www.tabc.texas.gov/enforcement/index.asp.

Optional reference:

• See the Texas Peace Officer’s Guide to the Alcoholic Beverage Code Book for Place or Manner – Defined [16TAC §35.31] on page 45, and offenses regarded as “place and manner violations” on pages 46-48.

https://www.tabc.texas.gov/enforcement/source_investigations.asp



https://www.tabc.texas.gov/enforcement/index.asp


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Concluding Discussion – Texas DWI Laws and TABC Source Investigations Reporting First responding law enforcement agency reports are vital to the criminal and administrative case investigations when violations of the Alcoholic Beverage Code are found. A complete list of witnesses and involved parties is crucial to the investigation along with statements and contact information. It is important for law enforcement agencies to contact the TABC as soon a DWI crash and/or fatality has occurred, so that a TABC agent may be assigned to assist with the source investigation.

What is needed to report? Local law enforcement agencies are encouraged to turn over information related to public safety issues involving DWI crashes, injuries and fatalities to the TABC. Information collected may include but is not limited to any documentation that supports violations of: the sale, service and/or delivery of alcoholic beverages to patrons who may be intoxicated; and/or served to the point of intoxication, driving under the influence (DUI), driving while intoxicated (DWI), permitting the consumption of alcoholic beverages during prohibited hours by a patron and/or a licensee/permittee.

Benefits of contacting TABC? TABC is available to assist local law enforcement agencies with investigations and collection of evidence such as receipts and bar tabs, work the administrative side of the investigation by working with the license/permit holder and then decides if a TABC undercover operation is warranted. When a violation of the Alcoholic Beverage Code is found law enforcement is encouraged to contact the TABC within 24 hours or as soon as possible. TABC has its own YouTube Channel: www.youtube.com/tabcchannel. To obtain free copies of training videos and public service announcements (PSA) please send requests via email to: [email protected].



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Module 4: Breach of the Peace and TABC Summary Suspension Investigations Reporting

Section 101.04 of the Texas Alcoholic Beverage Code states that an authorized representative of the Texas Alcoholic Beverage Commission, or any other commissioned peace officer has the right and authority to enter a TABC licensed premise, and make an inspection of the entire premises for violations of the Texas Alcoholic Beverage Code/Rules.

NOTE: If consent is withdrawn and the officer does not obtain a warrant this may jeopardize the criminal offense. Learning Objectives:

• Review the Breach of the Peace offenses. • Identify how to determine if a summary suspension is needed at a TABC licensed location after a

breach of the peace has occurred. • View and discuss a real-world breach of peace and TABC summary suspension investigation scenario

(provided). • Examine the questions in the video review and information to report to the TABC.

Materials: You will need the following materials for this lesson:

• Pen and paper for notes if needed. • Texas Alcoholic Beverage Code Book reference for the Texas Penal Code Section 1.07 Definitions on

pages 215-217; and Chapter 46. Weapons on page 222-228. • Texas Peace Officer’s Guide for the Alcoholic Beverage Code for reference (optional) for the

Administrative Checklist for Breach of the Peace on pages 83-86. • Video: “Breaches of Peace and TABC Summary Suspensions Investigations,” which is free to law

enforcement agencies and may be ordered by visiting: www.2young2drink.com.



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At the first sign of an argument or trouble between customers, licensees/permittees and their employees should require those customers to immediately leave the premises, and if necessary, call local law enforcement to have them removed.

TABC license and permit holders are required to report to the Texas Alcoholic Beverage Commission as soon as possible but within 24 hours any incident on the licensed premises where a person shoots, stabs, causes serious bodily injury to, or kills (intentionally or unintentionally) a person.

Unless required by the previous section to report within 24 hours, TABC license and permit holders are required to report to the Texas Alcoholic Beverage Commission as soon as possible but within five days any incident on the licensed premises where either:

1. Law enforcement or emergency medical services personnel respond to the premises of a permit or license; OR

2. A disturbance is created on the premises by a person who does any of the following: a. Causes bodily injury to another person; b. Threatens another person with a weapon; c. Discharges a firearm on the premises of the permit or license; or d. Destroys the permittee's or licensee's property, if the incident is reported by the permittee or licensee to

a law enforcement agency.

An incident described in paragraphs (1) and (2) in this section only has to be reported if it: a. Occurs at a time when the permittee or licensee or any person allowed by the permittee or licensee is on

the premises; and b. Interferes with, interrupts, or intrudes upon the operation or management of the licensed premises.

Reporting a Breach of the Peace to TABC A breach of the peace may be reported: • By submitting the on-line form: https://www.tabc.texas.gov/laws/breach_of_peace.asp;

• In person at any local field office: https://www.tabc.texas.gov/contact_us/local_field_office.asp;

• By e-mailing the form linked below to: mailto:[email protected]. NOTE: For faster processing please include the county name in the subject line.

• By faxing the form to the appropriate commission office; or

• By TABC: Mobile Application at: https://www.tabc.texas.gov/mobile/index.asp.

https://www.tabc.texas.gov/BreachOfPeace

https://www.tabc.texas.gov/contact_us/local_field_office.asp


https://www.tabc.texas.gov/mobile/index.asp


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Table 4 lists the criminal and administrative penalties for Breaches of the Peace in Chapters 22, 38, 42, 46 and Section 1.07 of the Texas Penal Code. Use the TABC Codes listed below to answer questions about the “Breaches of Peace and TABC Summary Suspensions Investigations” video on pages 39-40.

Table 4 - Texas Penal Code – Chapters 22, 38, 42, 46 and Section 1.07

Criminal Administrative Disorderly Conduct – Texas Penal Code §§42.01 to 42.14 Breach of Peace (defined in the Texas Penal Code

§1.07) in violation of §§22.12 and 28.11, Alcoholic Beverage Code

Unlawful Carry Weapon – Texas Penal Code §46.02 Breach – Aggravated (defined in the Texas Penal Code) in violation of §§22.12, 28.11, 69.13 and 71.09 Alcoholic Beverage Code

Assaultive Offenses – Misdemeanor – Texas Penal Code §§22.01 to 22.12

Breach Failure to Report §§11.61(b)(21), 61.71(a)(31) Alcoholic Beverage Code

Resisting/Evading Arrest – Misdemeanor, Class A – Texas Penal Code §38.03(d)

Assaultive Offenses – Felony – Texas Penal Code §§22.01 to 22.12 Resisting Arrest – Felony –Texas Penal Code §38.03

NOTE: See the Texas Alcoholic Beverage Code Book reference to the Texas Alcoholic Beverage Code the Texas Penal Code Section 1.07 Definitions on pages 215-217; and Chapter 46. Weapons on page 222-228; and/or the Texas Peace Officer’s Guide for the Alcoholic Beverage Code for reference (optional) for the Administrative Checklist for Breach of the Peace on pages 83-86.

Summary Suspension for Violent Acts Summary Suspension for Violent Acts is sometimes referred to as an Emergency Summary Suspension. Notify the local TABC office as soon as possible – TABC has 24 hours to serve notice to the establishment.

A seven-day suspension issued under Section 11.61(d) of the Texas Alcoholic Beverage Code allows the Commission to temporarily suspend an establishment’s license to sell alcohol following a "shooting, stabbing or murder that has occurred on the licensed premises which is likely to result in a subsequent act of violence." Notice of the order suspending the license or permit is given to the licensee or permittee personally within 24 hours of the time the violent act occurs or if the licensee or permittee may not be located, the notice is posted on the front door of the licensed premises.

NOTE: Notice must be given to a Private Club permittee within 72 hours of the time the violent act occurs.

Once the seven-day suspension is up, the licensee/permittee is allowed to resume normal operations, pending the results of the ongoing investigation. The investigation could take several weeks to complete. Any wrongdoing uncovered during an investigation could result in further action against the license or permit holder, including monetary fines, further suspension, or cancellation of their TABC license to sell alcohol.


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NOTE: The potential for ongoing violence may include: Gang or organized criminal involvement; domestic situations, res gestae statements by principles that the violence will continue; licensee/permittee involvement in the violence.

Breaches of Peace and TABC Summary Suspensions Investigations Video


Video Summary and Review:

Officers Johnson and Kirby meet TABC Agent Simmons at the Cattle Bar Lounge where a breach of the peace has occurred. Officers Johnson and Kirby have determined that the bar’s employees (two bartenders) started a fight with the victim. One bartender got into an argument with the customer and the other bartender got involved. Witnesses told the officers that the second bartender went to the back of the bar, grabbed a knife and stabbed the victim.

Agent Simmons addresses the camera and states, “In a breach of peace investigation the TABC’s role is to determine if the actions or inactions of the employees were a factor.” Officers Johnson and Kirby discuss the incident and their reasons for requesting a summary suspension (a one week suspension of the bar’s liquor license) to give the officers more time to conduct their investigation. Agent Simmons stresses that since the bar will be closed for a week it is not something the TABC takes lightly. He instructs the officers to have their senior supervising officer make the request in writing, include the details of the incident, noting the pattern of violence and/or reason future violence (retaliation) may occur.

Agent Simmons stresses the importance of TABC receiving the request right away. He will start his breach investigation. If the bar is causing as much trouble as the officers are reporting then the TABC will likely take administrative action against the permit.

1. What do the officers do with the information collected? The officers will turn over all of the information collected at the scene such as receipts of bar tabs, photographs, weapons, time line of events with statements from witnesses and any additional information to assist in the breach of peace investigation. A TABC agent will be assigned to the case and they will work with the local law enforcement agency and the license or permit holder in an effort to eliminate an additional public safety risks.


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2. What information is needed to report a Breach of the Peace incident to TABC? • The date, time and location where the incident occurred. • The name of the person filing the breach of peace report, their contact number, relationship to the

licensee or permittee. • The designated respondent, which is the person designated by the license or permit holder to answer

questions from the TABC regarding the incident and their contact information. • Names of all law enforcement agencies that were called or appeared in connection to the incident and any

names of the officers that were involved (if known). 3. What information is needed to request a TABC Summary Suspension?

• The law enforcement agency working the case should contact the TABC as soon as possible if they feel the location is subject to further violence in the immediate future; and

• Provide the request for a Summary Suspension from a senior supervising law enforcement officer via in writing by: o email, letter or fax; and o include the details of the incident: shooting, stabbing, or death due to an act of violence; and o the likelihood that there is a pattern of violence and/or reason for future violence to occur.

NOTE: The goal of the Summary Suspension process is intended to prevent retaliatory violence and protect public safety in the immediate future. Such actions are not intended to penalize the business owner. The follow-up breach investigation by TABC will examine all factors leading up to the incident and determine whether a violation has occurred on the part of the permittee.

4. Which criminal and administrative AB Codes were violated?

Criminal Administrative Disorderly Conduct – Texas Penal Code §§42.01 to 42.14

Breach of Peace (defined in the Texas Penal Code §1.07) in violation of §§22.12 and 28.11, Alcoholic Beverage Code

Unlawful Carry Weapon – Texas Penal Code §46.02

Breach – Aggravated (defined in the Texas Penal Code) in violation of §§22.12, 28.11, 69.13 and 71.09 Alcoholic Beverage Code

Assaultive Offenses – Misdemeanor – Texas Penal Code §§22.01 to 22.12

Breach Failure to Report §§11.61(b)(21), 61.71(a)(31) Alcoholic Beverage Code

Resisting/Evading Arrest – Misdemeanor, Class A –Texas Penal Code §38.03(d)

Assaultive Offenses – Felony – Texas Penal Code §§22.01 to 22.12 Resisting Arrest – Felony – Texas Penal Code §38.03



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First, TABC will open a complaint against the location. Further action will be dependent on numerous factors including information in a report from local law enforcement and prior history of the location. The TABC agent may issue an administrative notice for a public safety violation.

A location that is cited for a public safety violation is added to the agency’s Priority List. A risk-based inspection is conducted to ensure that the Priority Location complies with the law. If an agent issues more than one citation on one occasion, this will only count as one violation for the purpose of the priority list.






Partnering with Local Law Enforcement – Undercover Operations The TABC is also available to assist local law enforcement agencies in their communities with undercover operations when the sale or consumption of alcoholic beverages during prohibited hours occurs. One way the TABC does this is by conducting source investigations.

Concluding Discussion – Breach of Peace and TABC Summary Suspension Investigations Reporting Collecting and sharing evidence is the key in a breach of the peace investigation. When a breach of the peace occurs a TABC agent may not be locally available to arrive on scene. Therefore, TABC relies on reports from local and state law enforcement agencies for information. What is needed to report? Always contact the TABC within 24 hours of an incident on a TABC licensed premise. Partnering and sharing information with the TABC assists all agencies involved in the investigation process and allows each law enforcement agency to collect evidence for both the criminal and administrative investigations.


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Benefits of contacting TABC? TABC is available to assist local law enforcement agencies with investigations, work the administrative side of the investigation by working with the license/permit holder and then decides if a TABC undercover operation is necessary to determine the source of the alcohol. When a violation of the Alcoholic Beverage Code is found law enforcement is encouraged to contact the TABC within 24 hours or as soon as possible. The video, “Breaches of the Peace and TABC Summary Suspensions Investigations” is free to law enforcement agencies. To obtain a free copy, please visit: www.2young2drink.com.

TABC has its own YouTube Channel: www.youtube.com/tabcchannel. To obtain free copies of training videos and public service announcements (PSA) please send requests via email to: [email protected].



Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual – Appendix A 43

Appendix A: TABC Regional Office Map by County

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual – Appendix B

44

Appendix B: TABC Offices in Texas / Region 1 - Contact Information AUSTIN HEADQUARTERS PHYSICAL ADDRESS: 5806 Mesa Drive Austin, Texas 78731 (512) 206-3333 (Information)

MAILING ADDRESS: P.O. Box 13127 Austin, Texas 78711 1-888-THE-TABC (Complaint) Dial 711 to Reach TTY/TDD (512) 206-3350 Fax

REGION 1 - LUBBOCK Lubbock Regional Office 612 West Loop 289, Suite 100 Lubbock, Texas 79416 (806) 793-3221 (806) 793-3222 Fax Abilene Enterprise Tower 500 Chestnut Street, Suite 1573 Abilene, Texas 79602 (325) 672-8111 (325) 670-9838 Fax Amarillo Palo Duro Office Plaza 3131 Bell, Suite 106 Amarillo, Texas 79106 (806) 353-1286 Ext 2886 (806) 353-1287 Fax

El Paso El Paso State Office Building

401 East Franklin Avenue, Suite 120 El Paso, Texas 79901 (915) 351-3697 (915) 351-2458 Fax

Fort Davis Outpost 103 Court Avenue Fort Davis, Texas 79734 (432) 426-3623 (432) 426-3682 Fax Odessa 6010 East Highway 191, Suite 234 Odessa, Texas 79762 (432) 367-0760 (432) 367-0808 Fax San Angelo 622 South Oakes, Suite P San Angelo, Texas 76903 (325) 659-7931 (325) 659-7933 Fax

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual – Appendix B 45

Appendix B: TABC Offices in Texas / Region 2 - Contact Information REGION 2 - ARLINGTON

Arlington Regional Office 2225 East Randol Mill, Suite 200 Arlington, TX 76011 (817) 652-5912 (817) 607-2492 Fax Cleburne Outpost 1102 East Kilpatrick Cleburne, Texas 76031 (817) 556-6058 (817) 202-9596 Fax Denton Outpost 121 North Woodrow Lane, Suite 101 Denton, TX 76205 (940) 349-2877 (940) 349-2879 Fax Greenville Outpost Hunt County Criminal Justice Center 2801 Stuart Street Greenville, Texas 75401 (903) 453-6884 (903) 453-6886 Fax Longview Outpost 2800 Gilmer Road, Suite 4 Longview, TX 7560-18244 (903) 759-7828 (903) 759-7834 Fax

McKinney 825 North McDonald, Suite 180 McKinney, TX 75069 (972) 547-5099 (972) 547-5093 Fax Mineral Wells Outpost 109 North Oak Mineral Wells, TX 76067 (940) 325-9372 (940) 325-1834 Fax Sherman Outpost Grayson County Courthouse 100 West Houston Street, Third Floor Sherman Texas 75090 (903) 813-4256 (903) 898-2629 Fax Tyler 3800 Paluxy Drive, Suite 501 Tyler, Texas 75703-1666 (903) 939-0481 (903) 939-0485 Fax Wichita Falls 624 Indiana Street, Suite 300 Wichita Falls, Texas 76301 (940) 322-8606 Ext 2786 (940) 322-8607 Fax


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Appendix B: TABC Offices in Texas / Region 3 - Contact Information REGION 3 – HOUSTON

Houston Regional Office 427 West 20th Street, Suite 600 Houston, Texas 77008-2497 (713) 426-7900 (713) 426-7979 Fax Beaumont 3535 Calder Avenue, Suite 238 Beaumont, Texas 77705 (409) 838-9040 (409) 832-0851 Fax Brazoria Outpost 202 South Main Street Brazoria, Texas 77422 (979) 798-7441 (979) 798-7442 Fax Conroe North Thompson Professional Plaza 702 North Thompson, Suite 120 Conroe, Texas 77301 (936) 756-0050 Ext. 1386 (936) 756-1710 Fax

Huntsville Outpost 1220 11th Street Huntsville, Texas 77340 (936) 291-5434 (936) 291-5455 Fax Lufkin Angelina County Sherriff's Office 2311 East Lufkin Avenue Lufkin, Texas 75901 (936) 634-1030 Richmond Fort Bend County Sheriff’s Office 1521 Eugene Heimann Circle, Suite 111 Richmond, Texas 77469 (281) 239-2607 (281) 239-2545 Fax Wharton Outpost Wharton County Sheriff’s Office 315 East Elm Wharton, Texas (979) 532-1550 (979) 282-2849 Fax

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual – Appendix B 47

Appendix B: TABC Offices in Texas / Region 4 - Contact Information REGION 4 - AUSTIN

Austin Regional Office 7700 Chevy Chase Drive, Suite 200 Austin, Texas 78752 (512) 451-0231 (512) 451-0240 Fax Belton 550 East Second Street Belton, Texas 76513 (254) 933-5380 (254) 933-5369 Fax Bryan 1716 Briarcrest Drive, Suite 508 Bryan, Texas 77802-2700 (979) 260-8222 (979) 260-8224 Fax Georgetown Outpost 517 Pine Georgetown, Texas 78626 (512) 930-3203 (512) 930-3116 Fax Llano Outpost Llano County Sheriff’s Office 2001 N. State Highway 16, Suite A Llano, Texas 78643 (325) 247-3550 (325) 247-3273 Fax

New Braunfels Outpost 1297 Church Hill Drive New Braunfels, Texas 78130 (830) 221-1175 (830) 620-5380 Fax San Marcos Hays County Courthouse 111 East San Antonio Street, Suite 100 San Marcos, Texas 78666 (512) 393-7744 (512) 392-7260 Fax Waco 900 Washington Avenue, Suite 600 Waco, Texas 76701 (254) 776-7626 (254) 776-7628 Fax


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Appendix B: TABC Offices in Texas / Region 5 - Contact Information REGION 5 - SAN ANTONIO

San Antonio Regional Office Goliad Building 4203 Woodcock Drive, Suite 120 San Antonio, Texas 78228-1372 (210) 731-1720 (210) 731-1759 Fax Cameron County 1390 West Expressway 83 San Benito, Texas 78586 (956) 361-9348 (956) 361-1572 Fax Corpus Christi 2820 South Padre Island Drive, Suite 120 Corpus Christi, Texas 78415 (361) 851-2531 (361) 851-2536 Fax Del Rio Outpost 1505 East Gibbs Del Rio, Texas 78840 (830) 775-6582 (830) 774-8716 Fax Floresville Outpost 800 10th Street Floresville, Texas 78114 (830) 393-2535 Ext. 252 (830) 393-3259

Hondo Medina County Sheriff’s Office 801 Avenue Y Hondo, Texas 78861 (830) 741-6150 Ext. 112 (830) 426-7106 Fax Laredo 1601 Ortiz Street Laredo, Texas 78041 (956) 722-0404 (956) 722-1414 Fax McAllen Nightingale Plaza 6521 North 10th Street, Suite D McAllen, Texas 78504 (956) 687-5141 (956) 687-5585 Fax Victoria 205 North Bridge, Suite 110 Victoria, Texas77901 (361) 575-4776 (361) 575-4777 Fax

Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual-Appendix C 49

Appendix C: How to Access TABC Publications and Digital Media

TABC publications are available on-line at: http://www.tabc.texas.gov/publications/index.asp

The TABC Publications referenced in this book include the editions of:

Texas Alcoholic Beverage Code - 2017

Texas Peace Officer’s Guide to the Alcoholic Beverage Code – 2017

Texas Alcoholic Beverage Code Administrative Rules - 2018

NOTE: The TABC publications are in the Adobe Acrobat format unless otherwise noted, as some of the files can be rather large and may take a while to download or view.

For to obtain hard copies or inquire about another format please contact the TABC via e-mail at: [email protected]

NOTE: Please complete the TABC Publications and Digital Media Order Form on page 50 to order your FREE law enforcement publication hardcopies and DVD videos referenced in this manual.

http://www.tabc.texas.gov/publications/index.asp


Texas Alcoholic Beverage Commission (2018) Law Enforcement Investigations Instructor Training Manual-Appendix C

50

Appendix C: TABC Publications and Digital Media Order Form Please complete the TABC Publications and Digital Media Order Form, and contact us by phone, fax or mail at:

Texas Alcoholic Beverage Commission Attention: Education and Prevention Division

P.O. Box 13127 Austin, TX 78711

Phone: (512) 206-3420 Fax: (512) 206-3316

Or visit: www.2young2drink.com

TABC Publications and Digital Media Form

Name:

Date:

Address:

State/Zip:

Contact Number:

E-mail:

Materials:

(Paper or DVD) Description/Name Quantity


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