|
 |
|
|
|
|
|
|
TABC Certification Protects Your
Business From Fines
Section 106.14 of the Texas Alcoholic Beverage
Code states that in the case of sale or service
of an alcoholic beverage to a minor, intoxicated
person or a person who is not a member of a
private club on the club premises ...."the
actions of an employee shall not be attributable
to the employer"... IF:
(1) THE EMPLOYER REQUlRES ITS EMPLOYEES TO
ATTEND A COMMISSION APPROVED SELLER TRAINING
PROGRAM
(2) THE EMPLOYEE HAS ACTUALLY ATTENDED A
TRAINING PROGRAM
(3) THE EMPLOYER HAS NOT DIRECTLY OR INDIRECTLY
ENCOURAGED THE EMPLOYEE TO VIOLATE THE LAW.
The abovementioned provision takes any liability
off the shoulder of the business establishment
when a licensee’s employee sells, serve,
prepare, and/or directly manage those who do the
same have been trained by the seller and has
been certified by the Texas Alcoholic Beverage
Commission. The penalties will fall on the
persons involved.
This remedy may be availed of if:
The employees along with their managers are
valid and currently certified sellers or
servers.
The store management has, on display,
prohibitory signs against selling liquor to
minors and drunken customers and that the
employees are well aware of the same.
The person selling is not the owner or an
officer of the licensee or permittee.
The person selling is not the proprietor or an
part of the licensee or permitee’s management.
Management has not urged or condoned such sales.
There must be no two consecutive violations of
the type previously mentioned within a period of
one year. If death arises from any such
violation the TABC will most likely moved for
the revocation of your license regardless if you
meet any other requirement.
Moreover, the employer is bound to meet the
requisites stated in Chapter 50 of the TABC’s
rules. Such remedy is usually known as “safe
harbor”. Once an illegal sale is made, the
person involved will most likely be arrested
without prejudice against the retailer’s permit
or license.
TABC Certification and Alcohol Liability
Lawsuits
If one of the store’s employees sells liquor to
an apparently intoxicated man and the latter
causes harm against another the victim may push
for claim for civil damages from the store’s
owners.
The past several years have seen various court
cases and amicable settlements of that nature,
which include collection from licensees of
damages ranging from vehicular mishaps, unwanted
pregnancies, venereal diseases, sexual assaults,
and brawls.
To ensure your business’ protection it would be
well advised to ask the TABC for the
certification of all of your employees.
What Else Can I Do To Protect My Business?
Alcohol liability insurance may also provide
added protection for your business. Furthermore,
you must always keep written records of
transactions that you may need if a legal
dispute arises.
What Goes On In a TABC Certification Class?
Employees attending TABC sanctioned alcohol
seller-server course will be apprise about the
laws that directly govern their work. They will
be informed of criminal raps that they might
face in case they sell liquor to intoxicated
persons or minors or any violations of the TABC
code along with the civil and criminal penalties
that may be imposed.
In addition, they are thought to do a fact-check
on alcohol especially in identifying its
validity and how to know if a person is already
drunk plus when to enter into the picture to
turn down a customer.
I believe the intent of the Texas Legislature in
passing the law that established seller-server
training was to inform employees of their
responsibilities so that your customers may
enjoy themselves while at your establishment, as
well as arrive home safely.
The Texas legislature’s intent in passing the
Code is to inculcate to the employees their
responsibilities so that the customers may also
enjoy their drinks without causing harm or
injury and disorder in society. |
