ACCOMPLICE TESTIMONY.

Transcription

1 INDEX ACCESS Access for disabled Non-English speakers Mini-bar ACCOMPLICE TESTIMONY. Uncorroborated, no conviction ACT (See "General Provisions") ACTIONS OF EMPLOYEES ACTIVITIES SUBJECT TO REGULATION. 6.01, et. seq. ADDRESS CHANGE ; ADMINISTRATIVE Action , 6.04 Appeals. (See same in this index) Cancellation effect: Alternative to cancellation Sale after, unlawful ; Stock sale after Stock disposal Suspension in lieu of Defenses: All cases; entrapment; diligence; no knowledge; Employee fault; technical violation (c) Minor charges: diligence, entrapment; employee fault Parents Use of false driver's license ; Discretion Grant or refuse permit County Judge license refusal Exercise of , 61.49, 61.79, , Civil Penalty Alternative to cancellation or suspension Expenses or Fees , 5.08, Provisions Orders service of: final and effective Petition for adoption Mistake Violation Of Code or Rule Rules for Administrative violation may also be criminal offenses Investigation, detection of , Penalties for Records of Aiding and abetting , General penalty Grounds of cancellation or suspension; See; Cancellation; All permits. Texas Alcoholic Beverage Code (2007) 1

2 Cancellation grounds, distributor's. Cancellation grounds, retailer's. Cancellation, package store and retail permit. Cancellation, wholesale permit. Hearing By county judge 5.43 Renewal or Original beer , , Designation of SOAH Cancellation or suspension permit Cancellation or suspension license Emergency Notice License Notice permit Refusal, with or without hearing permit 11.43, 46 Mandatory suspension (a) Manufacturer, special Notice of hearing: Required ; Required to cancel Service of Penalties: Enhancement, minor cases Fine in lieu of suspension Only against place of offense, except cash and credit law Relaxation of penalty; All charges Minor cases Suspend all permits: Alternatives to suspension No, except cash or credit Yes, if package store or wine only package store with Local Cartage Permit Yes, if package store or wine only package store with Retail Dealer's Off-Premise License Petition by local officials to start Power of TABC or administrator to start Procedure Act , Protest. (See same in this index) Public records, evidence. 5.45; 5.47; 5.48 Recommendations; (See same in this index) County judge Local officials Refusal of application; See: ("Application for license.") ("Application for permit.") Representation in appeal. File affidavit Rule and regulation. (See same in this index) Service of notices and orders ; Suspension: Alternative to suspension Application to be refused et. seq. Breach of peace: Retail establishment Texas Alcoholic Beverage Code (2007) 2

3 In lieu of cancellation ; Length ; Mandatory (a) Operation during ; 61.74; Sale, etc., during, cancel Summary Unlawful sale ; Violent acts (d); 61.71(e) Transcript Witness before the TABC ADMINISTRATOR. Appointed by TABC Appoints assistant administrator Commission, issued by Custodian of TABC records Delegated powers Deposition, oath, subpoena and certifying Expenses of employees Hearing: Who may hold hearing Power to set Permit: Power to cancel Refuse ; 11.47; Personnel matters Commission on Human Rights. 5.10(c) and (d) Intra-agency career ladder. 5.10(b) Policy statement. 5.10(c) Standards of conduct Presents annual report on recruiting and hiring practices ADMINISTRATOR'S ORDERS. (See "Administrative Proceedings") ADVERTISING. Aircraft Agent's Beer License Allowance and novelties ; Bench ; (g) Bingo (b) Boats Buses, street cars, etc Charitable or civic events, signs (d) Control by TABC. 5.31; 5.38 Copackaging (a)(5) Deceptive or disparaging Handbills and sound-truck Inducement Industry Public Entertainment Facilities Act et. seq. Definitions Exceptions Promotion, advertising in public entertainment facility et. seq. Inside displays , Manufacturer or distributor: Texas Alcoholic Beverage Code (2007) 3

4 Obscene, misleading, product standards, disparaging of competitor's products Rebates and allowances Newspapers, magazines, radio, television Noise, music, loud Outdoor advertising: All illegal unless authorized Billboard defined Authorized Business cards, menus, stationery Defined Dry zone signs Economic development facility Electric signs defined Authorized Exemptions (1); (b) Generally et. seq. Inside signs and displays may be Authorized Label is not outdoor advertising Location 200 feet from retailer Mixed Beverage Permit Ordinance prohibiting ; Retailer's grounds and building Signs , et. seq. Size of outdoor signs Specialty items (b) Sponsorship of events. Charitable Horse and dog races (f) Sweepstakes (e) Uniforms of employees and contestants Vehicle signs Wholesaler's building (e) Prize, premium or gift ; Sound vehicles, handbills, etc Winery Permit AFFIDAVIT. False Filed by attorney for permittee Search warrant AGE VIOLATIONS , et. seq. (See "Minors") AGENT'S BEER LICENSE. Generally , et. seq. Limitations on authority AGENT FOR SERVICE AGENT'S PERMIT. Authority and fee. Generally , et. seq. Dealing with mixed beverage permittee: Manufacturer's Agent. Agent may accompany. Agent's Permit Solicitation authorized Take orders for wine and ale ; Evidence of agency ; Texas Alcoholic Beverage Code (2007) 4

5 Unauthorized representation ; AIRLINE BEVERAGE PERMIT. Authority. Fee. Miniatures. Tax service fee. Reports. Purchase from package store , et. seq. AIRPLANES. (See "Airline Beverage Permit") (See "Carrier's Permit") (See "Carrier Permit") 41.01, et. seq. Seizure and forfeiture AIRPORT. In dry area. Mixed beverages ; Local Cartage Permit. May deliver to (b) Mixed Beverage Permit and private club with Beverage Cartage Permit may get alcoholic beverages from near trade area (c); 32.08(c) ALCOHOL. Regulated by TABC. 5.31; 5.41 Offenses related to bingo Sale to minors, unlawful Use in industry. 5.41; ALAMODOME ALCOHOL AWARENESS PROGRAM ALCOHOL FREE ZONES ; ; ; ALCOHOL MANUFACTURER'S PERMIT , et. seq. ALCOHOLIC BEVERAGE. Defined. 1.04(1) Ale. (See "Malt Liquor") ALCOHOLIC BEVERAGE CODE. 1.01, et. seq. ALE AND MALT LIQUOR For export, storage, transport and delivery of ; 20.03; ALLOCATION. Permit fees (b) Tax revenue Excise tax (a) ALTERING FORM OF BUSINESS ENTITY ALTERNATIVE RULEMAKING AND ADR AMERICANS WITH DISABILITIES ACT Premise certification required (a) ANNUAL REPORT OF TABC. 5.09; APPEAL. Administrator's orders ; Administrator's order prima facie valid if certified Application refusal Based on convictions (b)(1) Beer license Notice of appeal (c) Private club Procedure, time and place. Generally Sexually oriented businesses APPLICATION FOR LICENSE. Agent's Beer License, special Appeals. (See same in this index.) Applicant defined. 1.04(9); 69.06(d) Texas Alcoholic Beverage Code (2007) 5

6 Approved by county judge Bond of importers , et. seq. Business entity, altering form Change of address, procedure, protest Citizenship: Defined. 1.04(20) Required (5) Resident aliens OK. 1.07(a) City regulations. (See "City") Convictions, special (6); Corporations: distributor and retailer (8) Manufacturer County Judge: Hearing. Procedure and order. (See "County Judge - Applications") Diagram of premises Dry area: Distributor may continue Distributor may operate Manufacturer may continue Expiration date False statements in application: Distributor, cancel Felony Retail, cancel (a)(4) Fee. (See "Fee of State" in this index) Filed with county judge Filing fee (c) Hotel. On premise consumption No overlap premises (b) Special authority (See same in this index) Interests forbidden. (See same in this index) Importer's Carrier's License, special , et. seq. Importer's License, special , et. seq. License. Generally. Loss of, duplicate, etc. (See "License") Management designation Manufacturer's License. Special Renewal No sales pending application (d) Notice of application Notice by sign One license per premises only Pending application (d) Premises. Generally, location. Covered by suspended license, etc. (See "Premises.") Several distributors may be at same premises ; Procedure , et. seq. Protest. (See same in this index) Recommendations (c) Refund of fee. (See "Fee of State") Refusal by TABC: Appeal Fee refund (b) Grounds , et seq.; 69.06; 11.46; 11.47; Original ; 61.50; Renewal ; 61.49; 61.50; 11.61(c) Texas Alcoholic Beverage Code (2007) 6

7 Administrator may refuse County judge may refuse Fees Generally ; 61.49; Grace period Procedure Refused, make original Successor-in-interest Suspended premises: refused Suspended license Temporary license, special , et. seq. Tradename Wet area certificates Wine and beer permit , et. seq; 26.01, et seq. APPLICATION FOR PERMIT. Address change: Generally and protest Not if premises suspended Applicant defined. 1.04(9); Bonds. (See "Bonds for Permit") Brewer and manufacturer in dry area Business entity, altering form Certificate from state comptroller required (b); 61.42(b) Change in corporate control (d)(2)(B) Citizenship. (See same in this index) Consolidation of Package Store Permits Control by TABC Corporations. (See same in this index) County judge gets or waives notice Diagram of premises ; Package store, special (b); District office gets copy (a)(14) Dry area. Distiller may continue Brewer may Wholesaler may ; False statement in (a)(4); Fee. (See same in this index) Filed with TABC Forms provided by TABC Generally , et. seq. Hotel. (See same in this index) Information not privileged if introduced in hearing. 5.47; 5.48(b) Interest forbidden. (See same in this index) Investigation of tied house Mixed Beverage Permit. Info. required Notice ; Notice by sign Partnership Permit. Generally. Duplicate. Loss of. Expiration. (See "Permit") Premises (See same in this index) Private carrier. Special , et. seq. Texas Alcoholic Beverage Code (2007) 7

8 Private club. Special (d)(1); 32.01, et. seq. Protest. (See same in this index) Publication of notice of application Recommendations Refusal: Appeal Grounds ; 11.46, et. seq. Procedure , et. seq; Renewal. Generally ; Grace period Residence. (See "Citizenship") Wholesaler, storage and private carrier may consolidate application Successor-in-interest ; Mixed Beverage Permit Tradename (b)(3) Wetness of area: (See "Dry Area" above) Certifications required Partially, wholesaler ; ; APPLICATION OF CODE APPROVED SELLER TRAINING ARREST WITHOUT WARRANT. ABC offense observed Possession of illicit beverages ASSESSOR AND COLLECTOR OF TAXES. (See "County Generally" herein.) ASSISTANT ADMINISTRATOR. Powers, duties, etc ASSOCIATION. Citizenship for permit Is applicant Is permittee (a) Is person. 1.04(6) Private club ATTORNEY FOR PERMITTEE. Must file affidavit with TABC ATTORNEY GENERAL. Assistance and duty Forfeiture actions: Illicit beverages Corporate charter. Citizenship violation Injunction actions: Nuisance ; (b) Prevent subterfuge, at request of package store Restraining order AUCTION (See Temporary Auction Permit ) AUDITS Contested case Commission audit Generally AUTOMOBILE. (See "Vehicle") BACKGROUND CHECK (2); BANK. Deliver tax stamps Texas Alcoholic Beverage Code (2007) 8

9 Warehouse receipts, sale of BANKRUPTCY ; 11.69; BARREL. Defined. 1.04(14) BEVERAGE CARTAGE PERMIT. Airport location. May get alcoholic beverages from trade area (c); 32.08(c) Creation, authority and fee Transport from local distributor to premises ; 32.08(b); 28.07(b) Written statement necessary ; BEER. Defined. 1.04(15) Brands (a)(1) Damaged beer Dated beer (d) Distributor territories , et. seq. For export, storage, transport and delivery of ; 65.08; Home production Only legal beverage under 4%. 1.04(15); BEER INDUSTRY FAIR DEALING LAW. Ale and malt liquor Arbitration (b) Definitions Cancellation requirements ; Goodwill (a) Prohibited conduct of manufacturer Purposes Reasonable compensation Relations between manufacturers and distributors Remedies Transfer of assets BOARD. (See "Texas ABC") BOATS AND SHIPS. Carrier's Permit , et. seq. Excursion boat. Permit for Seizure and forfeiture ; Mixed Beverage BONDS. Appeal. Refusal of application Certificate of deposit Conduct Surety (a)(2); 61.13(b)(2) Court cost, officer exempt TABC exempt Importers and manufacturers Letter of credit BOND FOR PERMIT. Accompany renewal application Alternatives (d) Certificates of deposit (d)(1) Letters of credit (d)(2) Tax security (g) Bond for taxes; excise tax (d) Exemptions (b); (c); (f); (I) Failure to maintain, cancel (b)(8) Texas Alcoholic Beverage Code (2007) 9

10 Generally. Retailer exempt Suit on bond Termination. Surety liability. Suit ; Winery BOND FOR LICENSE. Exemptions (c) Waiver of BONDED WAREHOUSE PERMIT , et. seq. BOOKMAKING. Convictions, refused (3) BOOTLEGGING. Conviction, refused (8) BOTTLES. (See "Containers") BOTTLING LIQUOR. Dry area, unlawful Permit required BRANCH DISTRIBUTOR'S LICENSE. Authority and fee. Generally , et. seq. Rights BRAND NAMES. (See "Product Standards.") Substitution of brand without consumer consent, prohibited BRANDY. Is distilled spirit. 1.04(3) Is liquor. 1.04(5) BRANDS OF GENERAL DISTRIBUTION. Sale by local distributor BREACH OF PEACE (b)(21); 22.12; 28.11; 32.24; 61.71(a)(31) 69.13; Cancellation not mandatory BREWER'S PERMIT , et. seq. Annual production and sales for small brewer Citizenship exemption Consumption on-premise (4) With Manufacturer's License. Dry area operation. Importation. Exportation BREWING. Dry area, unlawful Permit required BREWPUBS , et. seq. Off-premise sale when mixed beverage permit also held Primary license or permit required (c) Tasting competition BRIDGES ON INTERNATIONAL BOUNDARY. (See "Ports of Entry Importations") BUILDING. (See "Premises") BULK SALE OF STOCK. (See "Stock of Dealer") BULK PURCHASES OF ALCOHOLIC BEVERAGES FOR MULTIPLE PREMISES, PROHIBITED BUSINESS ENTITY, ALTERING FORM OF ; CANCELLATION AND SUSPENSION IN GENERAL. (See "Administrative Proceedings") CANCELLATION. ALL PERMITS. (See also "Cancellation. Package store and retail permits") (See also "Cancellation. Wholesaler's Permit") Advertising. (See same in this index) Bond. (See same in this index) Texas Alcoholic Beverage Code (2007) 10

11 Breach of Peace (b)(21) Character or reputation is bad (b)(6) Citizenship. (See same in this index) Consignment sale. ( See same in this index) Container violations. ( See same in this index) Convictions. ( See same in this index) Counterfeit stamps or permits Delivery. (See same in this index) Discount is excessive (a)(7) Discrimination conviction of offense Domiciled. (See same in this index) Drinking excessively (b)(11) Drunkard, sale to (a) Dry area violations. (See "Dry Area") Employees. (See "Employees of Permittee") Falsity. (See "False Statements by Dealers") Fee of city or county not paid Felony conviction. (See same in this index) Health. (See "Manner of Operation") Illicit beverages. (See same in this index) Insane person, sale to Insolvency (b)(10) Inspection refusal. (See "Inspection") Interest forbidden. (See same in this index) Intoxicated persons. ( See same in this index) Invalidation of identification stamp Lewdness. (See "Manner of Operation") Manifest for transportation Manner of operation. (See same in this index) Mental incapacity (b)(10) Minors. (See same in this index) Misrepresentation to customer (b)(12) Noise. (See "Manner of Operation") Notice of , Nuisance Occupancy and control surrendered. Subterfuge Open container. (See "Container of Liquor") Owes state fees or taxes (b)(5) Permit. (See same in this index) Product standards. (See same in this index) Prohibited hours. (See "Hours") Purchases. (See same in this index) Records. (See same in this index) Reports. (See same in this index) Safety of the people. (See "Manner of Operation") Sales. (See same in this index) Sales tax delinquency Sanitation. (See "Manner of Operation") Subterfuge ; Summary suspension Suspension, operation during. (See "Administrative Proceedings") Texas Alcoholic Beverage Code (2007) 11

12 Tax, ad valorem unpaid ; Tax stamps. (See same in this index) Tied house Unauthorized acts Unauthorized beverage, possessed (b)(15) Violation of TABC rules & regulations (b)(2); Welfare of people. (See "Manner of Operation") Wet area violations CANCELLATION GROUNDS, DISTRIBUTORS. Advertising. (See same in this index) Brand confusion. (See "Product Standards.") Cash law Consignment sale. 1.04(2); Container of competitor Conviction. (See same in this index) Delivery. (See same in this index) Drinking to excess (a)(12) Employees. (See "Employees of Licensee") False statements (a)(11); Fee of city not paid (a) Illicit beverages, sale, etc Importations. (See same in this index) Injunction violation Inspection refusal (a)(7) Interests. (See "Interest Forbidden") Labels. (See "Product Standards") Lewdness. (See same in this index) License. (See same in this index) Lugged beer (b) Manifest with shipment Marketing practices. (See same in this index) Mentally incompetent (a)(12) Minors. (See same in this index) Misrepresentation to customer (a)(13) Nuisance Physical incapacity (a)(12) Prohibited hours. (See "Hours" in this index) Records. (See same in this index) Reports. (See "Reports" in this index) Sales: Original package only , et. seq. Outside county (a)(8) Truck ; Unlicensed warehouse Subterfuge (a)(10) Suspension, sale or delivery during (a)(9) Tax delinquency (a)(6) Tradename not same as on license Unauthorized beverage ; Violation of Alcoholic Beverage Code or rules and regulations (a)(1) CANCELLATION GROUNDS, RETAILERS. Advertising. (See same in this index) Texas Alcoholic Beverage Code (2007) 12

13 Blinds and barriers (a)(16) Breach of peace (a)(31); Cash Law Consignment sale (a)(8) Conspiracy with manufacturer and distributor (a)(13) Consumption on Retail Dealer's Off-Premise License premises ; Conviction. (See same in this index) Delivery. (See same in this index) Draught beer, faucet misbranded Drinking to excess (a)(24) Drunkard, sale to Employees. (See "Employees of Licensee") False statement to TABC (a)(4) Fee of city not paid (b) Health laws. Non-compliance (9) Illicit beverages, sale, possess, etc Importing for sale (a)(25) Injunction violation Insane person, sale to Inspection refusal (a)(14) Interests. (See "Interests Forbidden") Intoxicated persons. (See same in this index) Language, abusive, loud, vulgar (1) Lewdness. (See same in this index) License. (See same in this index) Loudness ; Lugged beer (b) Manner of operation. (See same in this index) Mental incompetence (a)(24) Minors. (See same in this index) Misbranding. (See "Product Standards") Narcotics (10) Nuisance Physical incapacity (a)(24) Prohibited hours. (See "Hours") Purchases. (See same in this index) Sale: Away from premises For resale Signs. (See "Advertising") Solicitation. (See same in this index) Stock transfer Storing away from premises Subterfuge (a)(15) Suspension, sale, etc., during (a)(22) Temporary license misused , et. seq. Toilets, marked and separate (a)(10) Tradename not same as on license Unauthorized beverage ; 61.71(a)(9); 69.12; Violation of Alcoholic Beverage Code or rules and regulations (a)(1) Water available (a)(10) Weapons signs, failed to display Texas Alcoholic Beverage Code (2007) 13

14 Weapons rudely displayed (3) Windows, view obstructive CANCELLATION, PACKAGE AND RETAIL PERMITS. (See "Cancellation, All Permits") Breach of peace Club without permit, deliver to Conspiracy with: private club Wholesaler Consumption on premises: package store Wine only package store ; Discrimination, conviction of offense Miniature misuse. Sale to Airline Beverage Permit , et. seq. View into store obstructed CANCELLATION, PRIVATE CLUBS ; 32.17; CANCELLATION, WHOLESALER'S PERMITS. (See "Cancellation, All Permits") Marketing Practices. (See same in this index) Possess or sell liquor acquired from distiller owned by it CAR. (See "Vehicle") CARRIER. (See "Airplanes," "Boats," "Railways," "Transportation" and "Vehicles") Delivery to Distributor in dry area Deliveries. (See same in this index) Import limited to manufacturer or distributor Manifest. Necessity. Exhibition ; Motor carrier laws compliance with: Local Cartage Permit , et. seq. Private Carrier Permit , et. seq. Of persons: may transport miniatures , Permit types: Airline Beverage Permit Beverage Cartage Permit Carrier Permit Excursion Boat Permit ; Local Cartage Permit , et. seq. Private Carrier Permit Railway Dining Car Permit Railway: May import for passengers (d) Wine & Beer Retailer's Permit for dining car (a) Salvage sales Searches. (See same in this index) Seizures. (See same in this index) Transport beer into Texas to importer only CARRIER PERMIT. (See "Carrier," "Transportation" and "Vehicles") Authority and fee Tax stamp affixing unnecessary (b) CASE. Brand confusion, cancel (a)(23); 61.74(a)(16); Credit to retailer for return of Original package. Defined. 1.04(18) Distributor must buy in and sell in ; 65.01; Texas Alcoholic Beverage Code (2007) 14

15 CASE OF LIQUOR. (See "Container of Liquor") CASH LAW. Applies to beer only ; Also applies to ale sold to mixed beverage permittee (a)(2) Can suspend all licenses for violation of Distributor sell for cash Retailer pay cash CATERER'S PERMIT. Creation. Authority. Fee , et. seq. CENTRAL BUSINESS DISTRICT. Defined (d) Open container restrictions CERTIFICATE OF LABEL. Distilled Spirits and Wine CERTIFICATES. Administrator. Power. 5.44(a)(7) Admissibility in court. 5.45(b) Comptroller of Public Accounts (b); 11.61(c); 61.42(b); Convictions. District & county clerks Food and Beverage Certificate ; 28.18; 32.23; Wetness: application Status CHARITABLE EVENTS. Relaxation of restrictions CHARITIES CERTIFICATE OF APPROVAL (e) CERTIFICATE OF DEPOSIT CHANGE OF ADDRESS. (See "Application") CHANGE IN CORPORATE CONTROL (See Altering Form of Business Entity ) CHARACTER BAD. Cancel (a)(6) Refuse (a)(6) CHEMICAL USE OF ALCOHOL CHIEF OF POLICE. (See "City") CHILD CARE FACILITY, SALE WITHIN 300 FEET CHRISTMAS DAY. (See "Hours") CHURCH. Sacramental wine Sale within three hundred feet CITIZENSHIP requirement of Texas Citizenship declared unconstitutional TABC enjoined from enforcing. Cancel permit (b)(19) Defined. 1.04(20) Generally. 6.03; Refuse permit (a)(11) Required for license (a)(5) Required for permit (US Citizenship only) (a)(11); ; Airline Beverage Permit exempt Other exemptions Resident aliens. 1.07(a) Texas Alcoholic Beverage Code (2007) 15

16 Exemptions. 6.03(k) Requirements. 6.03; ; ; Texas Citizenship enjoined from enforcing ,11.46(a)(11), 61.42(a)(5), 61.42(a)(8) and , Southern Wine and Spirits v. TABC, Cause No. A-06-CA-720-LY, In the United States District Court for the Western District of Texas, Austin Division, Final Judgment, May 29, 2007 CITY. Certify area is wet in application ; Fee: One-half state fee Local fees Petition to cancel Protest application Regulation of sales: hours and zones Regulation of distance church, school, or hospital day care center or child care facility Sanitary regulations, non-compliance (9) Sign prohibitions ; CITY POWERS AND OFFICIALS. Fees for permits Petition for hearing ; Protest and recommendations re permit Recommendations ; Regulation of advertising Regulation of sale: Near church, school, or hospital Near day care center or child care facility Residential sections Wetness certification on application ; CIVIC CELEBRATIONS CIVIL LIABILITY FOR SERVING BEVERAGES. 2.01, et. seq. Causes of action Definitions Statutory remedy CIVIL PENALTY CIVIL RIGHTS DISCRIMINATION ; CLUB. (See "Private Club") CODE. 1.01, et. seq. COMMISSION. (Formerly board) (See "Texas ABC") Considered to be a public authority. 5.37(c) Defined. 1.04(10) Meetings Relationship with alcoholic beverage industry prohibited COMMISSIONED PEACE OFFICERS. 5.34; Administrator power COMMON NUISANCE et. seq., Additional Conditions Temporary order for COMPTROLLER REQUIREMENTS (b); 11.61; 61.42; COMPLAINTS AGAINST TABC. Procedures Resolution Texas Alcoholic Beverage Code (2007) 16

17 CONDUCT SURETY BONDS (a)(2); 61.13(b)(2) CONFISCATED BEVERAGES. (See "Seizures") CONFISCATED LIQUOR FUND Proceeds from fine in lieu of suspension CONSANGUINITY. Consolidation of package store CONSENT TO INSPECT. Generally Private club permittee CONCESSIONAIRES. Exemption CONSIGNMENT SALE. Cancel retail license (a)(8) Defined. 1.04(2) Manufacturer and distributor, unlawful (a)(4) Tied house Unlawful, all licensees and permittees Wholesaler to retailer (a)(4) CONSOLIDATION OF PACKAGE STORES CONSPIRACY. Nonresident and wholesaler ; Retailer and wholesaler With distributor, cancel retail (a)(13) CONSUMPTION. By minor, unlawful During prohibited hours unlawful Late hours at private club Near schools, prohibited Nuisance On premises: package store Wine only package store ; Permitting it: By minor, cancel During: prohibited hours (a)(7); Suspension. Cancel (a)(22) On Retail Dealer's Off-Premise License premises ; 69.01; 71.01; 71.03(b); CONTAINER OF LIQUOR. Generally , et. seq. Invalidation of stamps Metric Miniatures. Airline Beverage Permit. Package store. Wholesaler Carriers of persons OK for some (b); (c); Sale by local distributors and wholesalers ; 23.05(a) Size. One ounce minimum (c) Mutilation of tax stamps Opened on premises: Cancel (b)(20) Unlawful ; 22.11; 24.09; Refilling: Unlawful mixed beverages Size. Commission may establish Malt liquor: Illegal. Import for export ; Minimum size Texas Alcoholic Beverage Code (2007) 17

18 Wine: Maximum size: Unfilled may be carried by agent By manufacturer's agent CONTAINERS. Barrel is "original package." 1.04(18) Brand confusion (a)(23); Capacities , et. seq. Credit sale by manufacturer or distributor unlawful Credit to retailer for return of Deposit for, control by TABC Illegal size, label, import, export ; 19.05; 20.03; ; 64.09; 65.08; Labels. (See "Product Standards" in this index) Metric Of competitor, no buy Sizes , et. seq. Standard of fill Tank car importation, illegal CONTEMPT. Refusal to produce evidence CONTEST APPLICATION. (See also Protest) Any person may Assertion of justicable grounds CONTESTS. Brewpub competitions (g) Sweepstakes (e); CONTRABAND CONVICTION. Cancellation or suspension. Felony (b)(3), 61.71(a)(3); 61.74(a)(3) Penal provisions (a)(2); 61.74(a)(2) Violation of code (b)(1) and (2), 61.71(a)(1) County and district clerks Discrimination Refusal or Denial. Felony , 61.42(6); 61.43(2) Code violation , 61.43(1) Specified offenses ; COORDINATION OF EXPIRATION DATES CORPORATIONS. Altering form of business entity Cancel license because of conduct of president, manager, or majority stockholder (c); 61.74(b) Charter forfeiture for non-citizenship Change in corporate control Criminal history information. 5.36(b) Defined as a person. 1.04(6) Grounds of refusal (a)(8) Liability for other corporations Merger of corporations holding mixed beverage permits Officers and stockholders: Texas Alcoholic Beverage Code (2007) 18

19 Causing cancellation (a) Change in ownership Interest in package stores Names must be given to TABC Newspaper publication of names Qualifications for permit ; Officer in charge: Designation on license ; Publicly traded prohibited from owning package stores Qualification for permit Sworn statement of officers and stockholders Tied house. (See same in this index) COSMETICS CONTAINING ALCOHOL COUNTERFEITING COUNTY, GENERALLY. Assessor and collector of taxes: Receives license fees, original (b) Renewal. Disposition of ; Report to TABC (b) Certify wet or dry ; 61.37; County attorney: Injunction County judge. (See "County Judge-Applications") Fee levied on license Petition to cancel Recommendations re applicant Regulation of sale near church, school, or hospital Regulation of sale near day care center or child care facility COUNTY JUDGE-APPLICATIONS. (See "County, Generally" for other matters) Certificate of state comptroller required (b) Change of address Hearing on application, generally , et seq. Officers, no court cost bond. 5.46; Notify of application. TABC, sheriff ; Contest or protest. Any citizen can Recommendations Refusal: Appeal from Fee refund Grounds ; 61.32; 61.33; 61.42, et. seq.; Reinstatement of unused license COUNTY, OFFICERS, POWERS, DUTIES. County attorney: Forfeiture action , et. seq. Injunction action ; County clerk: Certification to TABC. Conviction. Wet-dry status ; ; Wet area certification on application ; County judge: Certifies successor-in-interest Texas Alcoholic Beverage Code (2007) 19

20 Notice of application Recommendations for administrative penalty Fee received from permit Injunction bond forfeiture Petition to cancel permit Protest and recommendations Recommendations Regulation of sale near church, etc Regulation of sale near day care center, etc Sheriff. Sale of forfeited auto (See "Peace Officer") CREDIT LAW. (See "Marketing Practices") CREDIT SALES. To retailers ; CREDITORS. Lien holders on vehicles. Intervention in forfeiture suit. Innocence. Sheriff's sale , et seq. Permit not subject to execution Warehouse receipts, sale of CRIMINAL ACTIONS. Arise from cancellation Cancellation does not stop Penalty CRIMINAL BACKGROUND CHECKS (1); CRIMINAL NEGLIGENCE. 1.08; 61.74(a)(14); ; (a) DAILY TEMPORARY PRIVATE CLUB PERMIT DAILY TEMPORARY MIXED BEVERAGE PERMIT. Creation. Authority and fee , et. seq. Damaged beer - replacement DANGEROUS DRUGS. Convictions, refused (a)(5) DAY CARE CENTER, SALE WITHIN 300 FEET DEADLY WEAPONS. Conviction for use of, refused (a)(9) Knowingly allowing possession on premises, cancel (e); 61.71(f) Exemptions 11.61(1)-(4) Permitting rude display, cancel (a)(3) Warning sign required ; 61.11; DEATH OF PERMITTEE OR LICENSEE , DEFINITIONS Applicant. 1.04(9); 25.06(d) Barrel. 1.04(14) Beer. 1.04(15) Billboard (2) Citizen. 1.04(20) Commission. 1.04(10) Criminal negligence Distilled spirits. 1.04(3) Dry area ; Electric sign (3) First sale ; General penalty Importer Texas Alcoholic Beverage Code (2007) 20

21 Lewd conduct Licensee. 1.04(16) Locker system Manufacturer. 1.04(17) Minibar. 1.04(21), (22) and (23) Original package. 1.04(18) Outdoor advertising , et. seq. Permittee. 1.04(11); Person. 1.04(6) Pool system Private club , et. seq. Private record. 5.48(2) Specific penalty Trade association. 5.05(f) Wet area , et. seq. Wine and vinous liquor. 1.04(7) Wine cooler. 1.04(24) DELEGATION OF DUTIES OF COUNTY JUDGE ; 26.07; DELIVERY. (See "Transportation") By retailer, prior order Carrier to dry area, unlawful ; During prohibited hours, cancel (a)(7) Suspension, cancel (a)(18) During suspension, cancel ; 61.71(a)(22); 61.74(a)(9) Unlawful Distributor to retailer ; Local Cartage Permit. (See same in this index) Manifest required Open container at package store or wine only package store 22.11; Prohibited hours. (See "Hours") To: Minor, cancel (a)(5); 61.74(a)(15); , et. seq. Enhancement, relaxation, entrapment, diligence, employee fault Club without permit Intoxicated person, cancel (a)(14) Wholesaler: May start at 5:00 a.m (a) Shared delivery vehicles (b) To delinquent account (d) DENATURED ALCOHOL , et. seq. Plants, withdraw from DEPOSITIONS DILIGENCE OF LICENSEE IS DEFENSE. All charges only for Retail Dealer's Off-Premise License with package store Minor charges DILIGENCE OF PERMITTEE IS DEFENSE. All violations Minor cases DIRECT SHIPMENTS (PROHIBITED). Into the state to individuals (f) DISCRETION Texas Alcoholic Beverage Code (2007) 21

22 See Administrative this index Judicial 31.05, DISCRIMINATION, CONVICTION ; ; DISHONORED CHECKS. Retailer gives to distributor DISTANCE Grandfather provision Possession from any school Sales near church, school or hospital Sales near day care center or child care facility DISTILLED SPIRITS. Beer retailer possessing Defined. 1.04(3) Manufacturer of: Dry area, unlawful Permit required Prior approval of DISTILLER'S PERMIT , et. seq. DISTRIBUTOR'S LICENSE Assets Distributors, rights of (a) Delivery of beer Identification stamps (c) Territories Withdrawal of stock from retailer (e) DISTRICT ATTORNEY. Forfeiture suit Injunction suit ; Petition for cancellation Protest and recommendations Recommendations ; 61.42; DISTRICT CLERK. Notify TABC of injunction (c) DISTURBANCE REPORTS DOCTORS. (See "Physicians Permit") DOMICILED. Beer retailer, cancel (b)(18) Refuse (13) Cancellee: cancel (b)(18) Refuse (13) Mate is cancellee, refuse (6) Mate has interest in package store (a)(3) DONATION TO THE COMMISSION. 5.37(d) DRAUGHT BEER. Gift of apparatus by manufacturer or distributor (3) Faucets misbranded DRINKING. (See "Consumption") Excessively: Cancel (b)(11) Refuse (9) DRIVER'S LICENSE. (See "Minor") Retailer not guilty if minor uses a false one (b) DRUG STORE. May obstruct view inside (b) Use of alcohol , et. seq. Texas Alcoholic Beverage Code (2007) 22

23 DRUNKARD. Applicant is, refuse (4) Licensee is, cancel (a)(24); 61.74(a)(12) Sale to, unlawful (a) DRY AREA. (For more info see topic for specified activity) Carrier to distributor Certified by city and county On application (a) Defined Distributor may continue operation Distiller may continue Judicial notice of dry area (c) Manifest must be with shipment Manufacturer may continue to operate Offenses , et. seq. Partly wet. Distributor ok Possession for sale: Prima facie evidence of Signs forbidden Exemptions (b) Stadium and airport. Mixed beverages Status of city and precinct Storage of wine (2)(b) Wholesaler may continue Partly dry Partly wet, wholesaler may operate ELECTION. (See "Local Option Election") ELECTRONICALLY READABLE INFORMATION ELECTRONIC PROCESSING License and permits EMPLOYEE OF LICENSEE. Age: Under eighteen cancel (a)(12); 61.74(a)(14) Agent's Beer License Conduct of, employer liability for: Yes: 1.04(11) No: Employer no knowledge. Retail Dealer's Off-Premise License with package store only (c)(3) Minor cases Defined as "licensee." 1.04(16); 61.71(d); 61.74(b) Employer liability for actions of employee Is cancellee, cancel (a)(27) EMPLOYEE OF PERMITTEE. (Agent, servant or) Agent's permit required, except on premises Employer liability for actions of employee In definition of "permittee." 1.04(11) In definition of "person." 1.04(6) Actions of Employee: Relax sanctions justified Relax sanction justified, minor cases Not attributable to Employment of minor EMPLOYEE OF TABC. Texas Alcoholic Beverage Code (2007) 23

24 Delegation of authority Standards of conduct information EMPTY CONTAINERS OR BOTTLES. Samples , 36.05, EMPTY DISTILLED SPIRITS BOTTLES. Invalidation of stamp ENTRAPMENT. Justification for relaxing sanction Relax sanction against retailer, minor cases EQUIPMENT FOR ILLICIT BEVERAGES. Possess, unlawful Seizure without warrant. Forfeiture (3) Warrant to seize ESCROW PROCEEDS. Forfeiture suit Sale of illicit beverages , et. seq. EVIDENCE. (See "Administrative Proceedings") Accomplice testimony Certified copies of TABC records Private club, special provisions EXCLUSIVE OUTLET EXCLUSIVITY ARRANGEMENTS EXCURSION BOAT. (See "Boats") EXECUTIVE MANAGEMENT. 1.04(25) EXPERIMENTAL USE OF ALCOHOL EXPIRATION OF LICENSE. (See "License") EXPIRATION OF PERMIT. Coordination of expiration dates Date Disposition of stock after Secondary license/permit ; Two-year term , EXPORTATION. Ale or malt liquor ; (1) Beer Control by TABC Dry area, unlawful Illegal container and label Permit required Transportation of wine out of state Wholesaler may export (4) Tax exemption EXPOSURE OF PERSON. Permitting it, cancel (a)(2) EXPOSITION CENTER (a)(1) EXPUNGEMENT FALSE IDENTIFICATION OF AGE. Use of false driver's license is defense (b) FALSE STATEMENT BY DEALERS. Application for license: cancel (a)(4); 61.74(a)(11) Refuse application (4) Application for license (b) Texas Alcoholic Beverage Code (2007) 24

25 Application for permit (4) Cancel permit (b)(4) Corporate officers and stockholders Records (See same in this index) Sworn document filed with TABC FALSIFICATION OF AGE. (See "Minors") FEDERAL. (See "United States") FEE OF CITY AND COUNTY. Generally Failure to pay: cancel ; Unlawful Filing fee of county Renewal fee FEE OF STATE. Assessor and collector of taxes. (See "County, Generally") Allocation Certain fees Change of address, none extra Refund: Original application denied Local option prevents use (d) Not allowed except (c) Renewal application denied Remitted to assessor and collector of taxes ; Renewal fee disposition FEES. Certain fees City and county; generally ; Not on Airline Beverage Permit (d)(1) Not on private club (d)(1) Delinquency of state fee: Cancel (b)(5) Refuse (a)(5) Negotiated settlement of fees State fees for permits: Advance payment. Each outlet. Refund Allocation Cashier's check, etc. attached to application Private club, special Processing fee, electronic payment (d) Renewal Surcharge, amount. 5.50(b); FELONY. Conviction of, cancel/refuse ;11.61; 25.06; 61.42; 61.43; 61.71; 61.74; Within preceding five years ; End of sentence, less than five years. Refuse (2) Sign indicating felony for carrying weapons FESTIVALS AND CIVIC CELEBRATIONS FINES AND PENALTIES. (See "Administrative Proceedings") Felony conviction (a)(1); 11.61(b)(3) Fine in lieu of suspension General penalty Specific penalty. (See specific offense) Texas Alcoholic Beverage Code (2007) 25

26 FIREARMS. (See also "Deadly Weapons") Possession (e); 61.71(f) FIRST SALE. Defined ; FOOD AND BEVERAGE CERTIFICATE ; 28.18; 32.23; FOOD COURT FOOD PRODUCT CONTAINING ALCOHOL FORFEITURES. (See also "Illicit Beverages" and "Seizures") Escrow proceeds Forfeited property: TABC use. Sale of. Proceeds from sale ; ; Generally , et. seq. Imported illegally Label not approved Proceeds from contraband Sale of forfeited goods: generally , et. seq. Lien holder loses. TABC sales , et. seq. Lien holder wins. Sheriff sales. Proceeds. Bill of sale. Title Sign illegal Shipping with manifest Suits for forfeit. Generally TABC to instigate FORGERY OF STAMPS AND PERMITS FRANCHISES FRATERNAL CLUBS GAMING. Conviction, refuse ; GASOHOL. Local Industrial Manufacturer's Permit GENERAL CLASS B WHOLESALER'S PERMIT GENERAL DISTRIBUTOR'S LICENSE. Authority and fee Requirements Rights Territorial assignments GENERAL PENALTY GENERAL PROVISIONS OF ALCOHOLIC BEVERAGE CODE. 1.01, et. seq. GIFTS. (See "Marketing Practices") From open container from package store or wine only package store ; To the commission. 5.37(d) To minor, unlawful GIN. Is a distilled spirit. 1.04(3) Is a liquor. 1.04(5) GRACE PERIOD ON RENEWALS OF LICENSES AND PERMITS GRANDFATHER CLAUSE FOR PREMISE LOCATION GRANTS TO THE COMMISSION. 5.37(d) GROSS REVENUE OF 51% GROSS REVENUE OF 75% (2); (d) GOVERNOR. Appoints TABC. Annual report. 5.02; 5.09; GUARDIAN. (See "Minors") GUESTS IN PRIVATE CLUBS Texas Alcoholic Beverage Code (2007) 26

27 GUESTROOM. 1.04(23) GUNS. (See "Deadly Weapons") HANDBILLS. Use unlawful HELP. (See "Manner of Operation") HEARINGS. Emergency. 5.43(a) Location of hearings Original application Public participation Who may hold hearings HOME PRODUCTION HOMELESS SHELTER HOSPITAL. Measurement from Power of TABC to regulate use Sale within three hundred feet of Use of alcohol HOTEL. Defined. 1.04(8) Exempted from certain provisions (b); Generally May hold Mixed Beverage Permit, Package Store Permit, Retail Dealer's On-Premise License, Wine and Beer Retailer's Permit and Retail Dealer's Off-Premise License No overlap of premises (b) May license part of building Mixed Beverage Permit. May deliver mixed beverages, wine and beer to rooms (b) HOURS. Beer ; Consumption, permitting it, cancel (a)(18); Delivery Late hours license No sale to go Required (c) Prohibited sale or delivery: Christmas day New Year's day Sunday ; (b); ; (b) Thanksgiving day Weekday Wine only package store with Retail Dealer's Off-Premise License, special hours Package store may transfer stock at 7:00 a.m Regulation of hours of sale by city Sale during illegal hours. Cancel (a)(7) Unlawful Wholesaler may deliver at 5:00 a.m (a) HUMAN RESOURCE DIVISION Recruitment HUSBAND AND WIFE. Accompanying minors ; Domiciled. (See same in this index) Interest in more than five package stores Texas Alcoholic Beverage Code (2007) 27

28 Mate is cancellee, cancel (a)(30) Refuse (6) Mate has interest in package store, cancel (a)(29) Refuse (a)(3); 11.46(a)(13) Spouse disqualifies applicant ; Successor-in-interest IDENTIFICATION CARD IDENTIFICATION STAMP ON DISTILLED SPIRITS ; Invalidated ILLICIT BEVERAGE. (See also "Forfeiture" and "Seizures") Arrest without warrant Consumed after hours. Seizure Defined. 1.04(4) Duty of peace officer to seize Equipment, materials for making Forfeiture. (See same in this index) Imported by minor Possession of, unlawful Private club: Storage and seizure Resale out of state wine Sale of, unlawful Search and Seizure under warrant Seized beverages. (See "Seizures") Transporting, unlawful Unregistered clubs IMPORTATIONS. Authorized importations: Brewers may ; Carriers By: Carrier only, unless personal Carrier to military or distributor only Manufacturer Minor, unlawful Non-resident manufacturer in own truck Person for own use No sample and label approval necessary Railway company for passengers Retailer for sale, cancel (a)(25) Carrier to unauthorized person Container size or label illegal, for export Distilled spirits to Wholesaler only Dry area, unlawful Illegal size or label for export Importer defined Intoxicated persons may not (a) Label approval required (See "Product Standards") License required ; 62.01; 62.07; 62.08; 63.01; Importer's bond Importer's Carrier's License , et. seq. Importer's License , et. seq. Miniatures. (See "Container") Texas Alcoholic Beverage Code (2007) 28

29 Minor may not ; (a) No, except to manufacturer or distributor Permit required Power of TABC to control Reports to TABC Tank cars, unlawful ; Tax (See "Taxes") To licensed premises only Unstamped containers IMPORTER'S CARRIER'S LICENSE. Authority and fee , et. seq. Marked vehicle required IMPORTER'S LICENSE. Authority and fee , et. seq. No imports except from nonresident manufacturers INDUCEMENTS INDUSTRIAL ALCOHOL. Power of TABC to control INDUSTRIAL PERMITS , et. seq. INDUSTRY CONNECTIONS Relationships with alcoholic beverage business prohibited. 5.05(a) Restrictions on commissioners. 5.05(c) Restrictions on general counsel. 5.05(c) Restrictions for trade associations. 5.05(d) Spouses. 5.05(e) Defined. 5.05(f) INELIGIBLE. Premises , INFORMATION Complaint or indictment Public. 5.47, 5.53, 5.54 INJUNCTIONS. Generally ; Package store may institute to prevent subterfuge INSANE PERSON. Refuse permit (9) Sale to, unlawful (a) INSOLVENCY. Cancel (b)(10) INSPECTION. (See "Searches" & "Investigation") Consent to inspect: premises Private club Books and records Refusal (a)(2) Of premises, refusal, cancel (a)(14); 61.74(a)(7) Of records ; ; Refusal, vehicle INSPECTORS. (See "Texas ABC") Special inspectors or representatives INSURERS. (Salvage sales) INTERNAL AFFAIRS INTEREST FORBIDDEN. Texas Alcoholic Beverage Code (2007) 29