TABC protects the public’s health, safety and welfare from violations to the Texas Alcoholic Beverage Code or TABC Administrative Rules every day. When our TABC agents or auditors find a violation, they issue sanctions and penalties to the business based on a standard penalty chart that’s written into our Rules.
The chart includes a list of violation types along with standard penalties for the first, second and third violation. See the Standard Penalty Chart (PDF) here.
§34.1. General Provisions.
(a) This rule relates to §§11.61, 11.64, 11.641 and 106.13 of the Alcoholic Beverage Code.
(b) Agents, compliance officers or other specifically designated commission personnel have authority to settle a complaint issued by the commission against a person for a violation of the Texas Alcoholic Beverage Code (Code), prior to filing a contested case under Government Code, Chapter 2001, Subchapter C (Administrative Procedure Act).
(c) A settlement authorized by this chapter must reflect the number of days a permit will be suspended or the amount of civil penalty authorized per day in lieu of suspension and shall conform to the other provisions of this chapter.
(d) A written warning may be issued for any violation if it is determined by designated commission personnel to be an effective deterrent from further violations of the Code.
- A written warning may be used as an aggravating circumstance for purposes of determining the appropriate sanction under §34.2.
- A written warning is subject to the rights and procedures of a contested case under the Administrative Procedure Act.
- A written warning is an administrative notice issued by a representative of the commission to the permit or license holder documenting that a violation of the TABC code or rules has occurred.
(e) Any case alleging a sale to a minor or intoxicated person in violation of Alcoholic Beverage Code §§11.61(b)(14), 61.71(a)(6) or 101.63 in which the unlawful sale or service directly or indirectly caused death or serious bodily injury shall be referred directly to the Legal Services Division by district or regional personnel without an offer of settlement or compromise provided to the permittee/licensee. For purposes of this section, "serious bodily injury" means as defined in §1.07(a)(46) of the Texas Penal Code.
(f) Each suspension of a permit or license shall run for consecutive days. A person assessed a suspension by the commission may be provided with an opportunity to pay a civil penalty in lieu of a suspension as provided by §11.64 of the Code. The commission may, in its discretion, allow a licensee/permittee to divide an imposed sanction between civil penalty and suspension.
(g) A subsequent violation of the Code or rule will result in a sanction in the next higher violation level if the subsequent violation:
- is for a health, safety and welfare violation and occurs within 36 months of the prior violation, or
- is for a violation listed in the major regulatory violation category within 24 months of the prior violation, and
- the person has been given written notice of the prior violation, or
- the subsequent violation is issued during an undercover operation
(h) The list of violations in §34.2 is not intended to be an exhaustive list of possible violations of the Code or rules of the commission. A sanction for a violation of the Code or rules that is not listed in §34.2 must be approved by either the assistant administrator for field operations or a division director prior to entering into a settlement.
(i) A person authorized to enter into a settlement under this section is also authorized to recommend a deviation from sanctions in §34.2 when aggravating or mitigating circumstances are found to exist.
- A recommendation to deviate from sanctions in §34.2 must be made in writing.
- The administrator or his designee must approve a recommendation to deviate from §34.2 before the settlement may be offered.
(j) This chapter does not apply to a contested case brought under Chapters C and D of the Administrative Procedure Act, or a complaint or violation referred to the legal division of the commission for resolution.