TABC Enforcement 3 — Questions and Answers
Question 1: A patron shows an ID with a birthdate making them 20 years old. What must the server do?
- Serve if accompanied by an adult
- Refuse the sale of alcohol (Correct answer)
- Serve only beer or wine
- Ask them to sign a waiver
Correct answer: Refuse the sale of alcohol
The legal drinking age in Texas is 21, so a 20-year-old must be refused.
Question 2: Which document is NOT acceptable as valid ID for an alcohol purchase in Texas?
- A valid U.S. passport
- A Texas driver's license
- A photocopy of a driver's license (Correct answer)
- A military ID card
Correct answer: A photocopy of a driver's license
A photocopy is not acceptable; ID must be a valid original government-issued document.
Question 3: TABC's 'safe harbor' provision can protect an employer from liability if which condition is met?
- The employer never checks on staff
- Employees are TABC-certified and the employer follows requirements (Correct answer)
- The bar closes early
- Sales are cash only
Correct answer: Employees are TABC-certified and the employer follows requirements
The safe harbor defense applies when employees are certified and the employer meets TABC requirements.
Question 4: A server suspects an ID is fake. What is the best action?
- Serve to avoid confrontation
- Refuse service and may confiscate per policy (Correct answer)
- Call the customer's parents
- Serve a smaller portion
Correct answer: Refuse service and may confiscate per policy
When an ID appears fake, the server should refuse service rather than risk an illegal sale.
Question 5: Under the Texas Dram Shop Act, an establishment may be held liable for what?
- Serving alcohol to a legal-age sober adult
- Damages caused by a patron served while obviously intoxicated (Correct answer)
- Charging too much for drinks
- Closing before midnight
Correct answer: Damages caused by a patron served while obviously intoxicated
Dram shop liability arises when a business serves an obviously intoxicated patron who then causes harm.
Question 6: What is the general penalty range for a first-time illegal sale-to-minor conviction for a server?
- No penalty for a first offense
- Up to a $500 fine and possible jail time (Correct answer)
- Automatic felony charge
- Loss of voting rights
Correct answer: Up to a $500 fine and possible jail time
A first sale-to-minor offense is a Class A misdemeanor carrying fines and possible jail.
Question 7: TABC agents finding underage drinking on premises may cite the establishment for what?
- A tax deficiency
- Permitting a minor to consume alcohol (Correct answer)
- Excessive noise
- Poor lighting
Correct answer: Permitting a minor to consume alcohol
Allowing a minor to consume alcohol on licensed premises is an enforceable violation.
TABC Enforcement 3
A patron shows an ID with a birthdate making them 20 years old.
What must the server do?