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TABC Code - Texas Alcoholic Beverage Commission

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Open container at package store or wine only package store. 22.11; 24.10<br />

Pending application. 61.31(d)<br />

Permit required. 11.01(a); 109.53<br />

Power of <strong>TABC</strong> to regulate. 5.31<br />

Prohibited hours. (See "Hours")<br />

Records and reports re tax liability. 203.09<br />

Regulation:<br />

By city, hours and zones. Near church, school , hospital, day care center, or child care facility.<br />

109.32; 109.33; 109.331<br />

By county. Near church, school, or hospital. 109.33<br />

Near day care center or child care facility. 109.331<br />

To:<br />

Drunkard, insane person, intoxicated person. 11.61(b)(14); 101.63<br />

Minor. Cancel. 61.71(a)(5); 61.74(a)(15); 106.13<br />

Criminal negligence. 106.03<br />

Defenses against charge: Entrapment, diligence, employee fault. 106.13(c)<br />

Unlawful. 106.03<br />

False driver's license used. 106.03(b)<br />

Unlabeled container. 101.41(b)<br />

When in suspense. 61.41<br />

SALES TAX. 11.46(b); 11.61(c); 61.42(b); 61.712<br />

SALVAGING INSURED LOSSES. 109.01<br />

SAMPLING. §§12.01, 24.12, 26.01, 37.01, 62.01<br />

Beer. §71.11<br />

Event. §26.08<br />

SAMPLES. 36.05; 102.02<br />

SAMPLE ANALYSIS. 101.67(a)(1) (See "Product Standards")<br />

Independent lab. §101.67<br />

SANCTIONS.<br />

Schedule. §5.362<br />

SANITATION. (See "Manner of Operation" and "Product Standards")<br />

SCHOOLS.<br />

Sale within 300 feet, control by city and county. 109.33(b) and (c)<br />

Use of alcohol. 38.02(3)<br />

SCIENTIFIC USE OF ALCOHOL. 38.01(4)<br />

SEARCH WARRANT. 101.03<br />

SEARCHES. (See "Inspection" and "Investigation")<br />

Autos with probable cause. 101.03(a)(3); 103.03(a)(3)<br />

Licensed premises without warrant:<br />

Not illegal. 101.03(e)<br />

Refusal, unlawful. 101.04, 101.61<br />

SEIZURES. (See "Forfeitures" and "Illicit <strong>Beverage</strong>s")<br />

Authorize:<br />

Club without permit. 32.14(c)<br />

Consumed after hours. 1.04,(4)(a); 103.03(1)<br />

Duty to seize: <strong>TABC</strong>. 5.36<br />

Peace Officer. 101.02<br />

Illicit beverages. Property. Vehicles and equipment. 1.04(4); 103.03<br />

Seized beverages:<br />

Destruction of. 103.07; 103.08(c); 103.09(c)<br />

Sale of. Immediate. Generally. 103.08; 103.09<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 235

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