Temporary Auction Permit (CA)
Texas Alcoholic Beverage Commission

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Know your responsibilities for a

 

 

Temporary Auction Permit

 

(CA)

 

 

 

 

 

 

 

When you reach the end of the course you will need to print out a Certificate of Completion.

If you do not have access to a printer or cannot print the certificate, please contact your local TABC Office to schedule an appointment.

To view this course correctly you will need to maximize your web browser.

When going through each of the screens, you will need to scroll down on some slides to view all the text.

Don't forget to deliver the printed certificate to your local TABC office and maintain a copy for your records.

 

 

 

 

 

 

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The Permit

 

A Temporary Auction Permit (CA) may only be issued to an organization that is exempt from taxation under Section 501(a) Internal Revenue Code of 1986 (26 U.S.C. Section 501 (a) by being listed under Section 501(c) (3), Internal Revenue Code of 1986 (26 U.S.C. Section 501 (c) (3)).

  • Your temporary permit must be displayed in a conspicuous place at all times.

The privileges granted by this temporary permit are limited to the dates, times, and location described in your application.

 

  • A temporary auction permit may be issued for a period of not more than (5) five days.
  • The organization may not hold more than (1) one auction during each calendar year.

 

 

 

The Auctioning of Alcohol

 

 

The permittee is authorized to

  • auction distilled spirits, wine, ale, or malt liquor that has been donated to the organization auction, and
  • beer that has been donated to the organization by a manufacturer, distributor or retailer, or purchased at retail.

Statement or invoice of alcoholic beverage to be auctioned must accompany application.

 

An inventory list of all alcoholic beverages and the source of alcoholic beverages to be auctioned must be attached to the application.

 

 

 

 

 

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Hours

 

 

Alcoholic beverages may be auctioned (sold) during the following hours:

  • 7:00 A.M. to 12:00 Midnight, Monday through Saturday
  • 12:00 Midnight to 1:00 A.M., Sunday
  • 12:00 Noon to 12:00 Midnight, Sunday

 

 

 

 

 

Auction held at a Licensed Premise

 

 

 

If the auction is to be held at the premises of another permit or license holder,

  • the alcoholic beverages to be auctioned must be kept separate from the alcoholic beverages sold, stored, or served at the premises.
  • All alcoholic beverages subject to the auction, whether sold or unsold, must be removed from the premises immediately following the auction.

 

Products auctioned may not be consumed on the premises.

 

 

 

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Action - Proceeds

 

The proceeds from the alcoholic beverages auctioned shall be deposited in the account of the holder of the temporary auction permit (CA).

 

The organization may not pay a commission or promotional allowance to a person to:

  • arrange or conduct an auction to include alcoholic beverages, or
  • arrange the donation of alcoholic beverages to be auctioned by the organization.

 

 

 

 

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Selling to Minors

 

 

No one under 21 years of age

  • may purchase or be given alcoholic beverages by you or your employees.
  • may consume alcoholic beverages on your premises unless they are in the visible presence of their adult parent(s), legal age spouse, or court appointed guardian.

The only defense in the code against a charge of selling an alcoholic beverage to a minor, making an alcoholic beverage available to a minor, or allowing a minor to illegally possess or consume an alcoholic beverage states

  • a person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.

The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or military identification card.

 

 

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Record Requirements

A record, signed by an officer of the exempt organization, showing the following information about each item auctioned:

A. amounts bid and paid for each item,

B. complete name and address of the person or business that purchased the beverages,

C. type of beverage,

D. beverage size, and

E. quantity of beverages 

A copy of the deposit slip showing:

A. the deposit of all proceeds from the alcoholic beverages auction,

B. the date of deposit,

C. the account number of the account in which the deposit was made, and

D. the full name and address of the institution to which the deposit was made

 

 All records required herein and associated bank statements should be maintained by the exempt organization for a period of four (4) years, and made available to a representative of the Commission upon reasonable request.

 

Records - Inventory

 

An inventory of all alcoholic beverages available for auction with the following information about each item to be auctioned:

A. type of beverage,

B. beverage size,

C. quantity of beverages, and

D. complete name and address of the person or business that provided the beverages.

An ending inventory of all alcoholic beverages not disposed of at the auction with the following information about each item:

A. type of beverage,

B. beverage size,

C. quantity of beverages,

D. complete name and address of the person or business who provided the beverages, and

E. the final disposition of any beverages not sold at auction.

 

 

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Records - Invoices

 

 

An invoice or statement for all alcoholic beverages available for auction with the following information:

 

A. type of beverage,

B. beverage size,

C. quantity of beverages,

D. complete name and address of the person or business who provided the beverages, and

E. date the beverages were provided.

 

 

 

 

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Reporting Disturbances

 

 

 

You and your employees are responsible for the supervision of all persons permitted on the permitted premises.

  • At the first sign of an argument or trouble between your customers, you should require those customers involved to immediately leave the premises.
  • If necessary, call the local law enforcement authority to have them removed.
  • If a breach of the peace (a disturbance, fight or other violent act) occurs on your premises between any customer(s) and/or employee(s), you must notify the local TABC office as soon as possible, but not later than five (5) calendar days after the incident.
  • If a shooting, stabbing or murder, or an incident involving serious bodily injury occurs on the permitted premise, you must notify the local TABC office not later than 24 hours from the time of the incident

 

 

 

 

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Inspections

Any authorized representative of the Texas Alcoholic Beverage Commission or any other peace officer has the right and authority to enter your premise and make an inspection of your entire premises for violation of the Texas Alcoholic Beverage Code/Rules.

 

 

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Congratulations!

NOTE: By printing and signing this certificate you are acknowledging that you have completed the Responsibilities Course for a Temporary Auction Permit (CA).

 

 

This course is only one part of your original application process and a copy of the printed certificate must be delivered to your local TABC office.

 

 

 

 

 

 

If you have questions concerning your responsibilities for holding this permit, contact your local TABC office to schedule an appointment. Don't forget to deliver the printed certificate to your local TABC office and maintain a copy for your records.

 

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