- When may a minor legally possess an alcoholic beverage?
While in the course and scope of employment as an employee of a licensee or permittee. Also, if the minor is in the visible presence of an adult parent, guardian, or spouse or other adult to whom he has been committed by a court and if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this Code. [Section 106.05]
- Is a person held responsible if he or his employee with criminal negligence sells or makes available an alcoholic beverage to a minor?
Any person (unless he or she is the minor's parent, legal guardian or adult spouse) who makes an alcoholic beverage available to a minor, is in violation of the law and is subject to criminal penalties. [Chapter 106]
However, a defense to prosecution exists if the minor falsely represents himself to be 21 years of age or older by displaying an apparently valid Texas Driver's License or Department of Public Safety identification card containing a physical description consistent with his appearance.
- It is illegal to sell alcoholic beverages to someone unless they show a Texas driver’s license?
The law does not require that a person over 21 provide any identification to purchase alcohol in Texas. But since store clerks, waitresses, and bartenders can be held criminally liable for selling to a minor, they often require a Texas driver's license or Texas Identification Card issued by the Department of Public Safety, to prove that the person really is 21.
The law provides a statutory defense to the charge of selling an alcoholic beverage to a minor when the seller has asked for and examined an apparently valid DPS issued Texas DL or ID card which contains a physical description consistent with the presenter's appearance and shows the presenter to be 21 years of age of older.
So a store, bar or restaurant might or might not sell alcohol to a person with an out-of-state driver's license, military ID, or passport. What's acceptable in any establishment is a matter of that establishment's private business policies.
- May a minor enter the premises where a license or permit is issued?
Generally yes, if he does not possess or consume an alcoholic beverage. A minor may not enter the premises of a package store unless accompanied by an adult parent, spouse or guardian. A licensee or permittee may have a “house rule” that minors may not enter their licensed premises.
- How old does a person need to be to become TABC certified and sell or serve alcoholic beverages?
There is no minimum age for attending a server training course. Depending on the type of permit held by the establishment, there may or may not be age limits for serving/selling alcohol. The limits are as follows:
- Off-Premise License or Permit (e.g. most grocery or convenience stores) - no age restriction on employees
- On-Premise License or Permit (e.g. bar or restaurant) – must be 18 or over to serve/sell
- Package Store (liquor store) – employees must be 21 or over
- Wine Only Package Store (store that sells wine for off-premise consumption containing a higher alcohol content than your typical grocery store) – employees must be 16 or over.
*Information above reprinted from the TABC website*
|
