Information for Retailers from the TABC
Although state law does not require those who sell or serve alcoholic beverages to be certified or licensed, a TABC-approved seller training certification course is available. The training covers the laws concerning the sale and service to minors and intoxicated customers, as well as techniques for intervention to ensure that sales are not made to minors or intoxicated customers. The TABC does not actually conduct the courses, but TABC certifies the training schools and monitors the classes.
TABC encourages retailers to require their employees who sell or serve alcoholic beverages to attend a seller training course through the “Safe Harbor Act.” The TABC will not take administrative action against a license/permit when an employee sells or serves an alcoholic beverage to a minor or intoxicated customer, as long as:
- The person selling is not the owner or an officer of the company;
- The person selling holds a current seller-server training certificate from a TABC approved school;
- All employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers, are certified within 30 days of their hire date;
- The employer has written policies for responsible alcohol service and ensures that each employee has read and understands these policies;
- The employer does not directly or indirectly encourage the employee to violate the law; and
- There are not more than three of these type of violations within a twelve month period.
This relief is commonly referred to as “safe harbor.” If an illegal sale is made, the seller/server might be arrested, but the retailer’s permit/license will have protection from administrative action by the TABC. This is referred to as a “restrained administrative case.”
Alcohol Seller-Server Training
Alcohol Seller-Server Training is a form of occupational education typically provided to servers, sellers and consumers of alcohol to prevent intoxication, drunk driving and underage drinking. Usually underwritten by employers in the hospitality, food-service and related industries, this training is regulated and mandated by state and local laws predominantly in North America, and increasingly in other English-speaking countries such Australia. In North America the primary purpose of this employee-training is to mitigate liability during a lawsuit involving intoxication by providing evidence of intent on the part of the establishment that serves and sells alcoholic beverages – a “reasonable efforts defense.”
Secondarily, this training is considered effective in reducing incidences of over serving patrons to the point of intoxication, and in preventing sales to minors. For the establishment paying for this training, the most immediate tangible benefit is a reduction in liquor liability insurance premiums paid by all organizations serving or selling alcoholic beverages. Another benefit is regulatory compliance. Increasingly in the United States (for example, in the States of Tennessee, Texas and Louisiana), licenses or permits to serve or sell alcoholic beverages are contingent on obtaining this form of training for employees.
The Texas Alcoholic Beverage Commission strongly feels that trained sellers, servers, and managers are better able to identify and prevent sales of alcoholic beverages to minors, intoxicated persons, and non-members of a private club. Because of this belief, the agency has certified courses for seller/server training. These courses are provided by certified private businesses or retailers for their own employees whose curriculum has been reviewed and approved by the TABC and whose trainers are also certified. These courses cover the laws applicable to the sales or service of alcoholic beverages to minors, intoxicated persons, and non-members of a private club. The courses also teach techniques to identify these persons and prevent sales to them. Individuals who successfully complete an approved program are issued certificates and licensees or permittees could, under certain terms, receive a restrained administrative case.
TABC Certification valid for following cities in Texas:
Abilene, Addison, Aldine, Alice , Allen, Amarillo, Andrews, Angleton, Aransas Pass, Arlington, Austin, Balch Springs, Bay City, Baytown, Beaumont, Bedford, Beeville, Bellaire, Belton, Big Spring, Boerne, Bonham, Borger, Brenham, Bridge City, Brownfield, Brownsville, Brownwood, Bryan, Burkburnett, Burleson, Canyon, Canyon Lake, Carrollton, Cedar Hill, Cedar Park, Channelview, Childress, Cinco Ranch, Cleburne, Cleveland, College Station, Colleyville, Commerce, Conroe, Converse, Coppell, Copperas Cove, Corpus Christi, Corsicana, Crockett, Crowley, Crystal City, Cuero, Dalhart, Dallas, Deer Park, Del Rio, Denison, Denton, DeSoto, Dickinson, Dumas, Duncanville, Eagle, Mountain, Eagle Pass, Edinburg, El Campo, El Paso, Ennis, Euless, Farmers Branch, Flower Mound, Fort Bliss, Fort Hood, Fort Stockton, Fort Worth, Fredericksburg, Freeport, Friendswood, Frisco, Gainesville, Galena Park, Galveston, Garland, Gatesville, Georgetown, Graham, Grand Prairie, Grapevine, Greatwood, Greenville, Haltom City, Harker Heights, Harlingen, Henderson, Hereford, Hewitt, Highland Park,, Highlands, Highland Village, Hillsboro, Hondo, Houston, Humble, Huntsville, Hurst, Ingleside, Iowa Park, Irving, Jacksonville, Jasper, Jollyville, Katy, Kaufman, Keller, Kerrville, Kilgore, Killeen, Kingsville, Lackland AFB, Lake Dallas, Lake Jackson, Lakeway, La Marque, Lamesa, Lampasas, Lancaster, La Porte, Laredo, League City, Leander, Leon Valley, Levelland, Lewisville, Liberty, Lockhart, Longview, Lubbock, Lufkin, McAllen, McKinney, Mansfield, Marshall, Mercedes, Mesquite, Mexia, Midland, Midlothian, Mineral Wells, Mission, Mission Bend, Missouri City, Mount Pleasant, Nacogdoches, Nederland, New Braunfels, North Richland Hills, Odessa, Orange, Palestine, Pampa, Paris, Pasadena, Pearland, Pearsall, Pecan Grove, Pecos, Perryton, Pflugerville, Pharr, Plainview, Plano, Pleasanton, Port Arthur, Portland, Port Lavaca, Port Neches, Raymondville, Richardson, Richland Hills, Richmond, Rio Grande City, River Oaks, Robstown, Rockport, Rockwall, Roma, Rosenberg, Round Rock , Rowlett, San Angelo, San Antonio, San Benito, San Elizario, San Marcos, Schertz, Seabrook, Seagoville, Seguin, Sherman, Snyder, Socorro, South Houston, Southlake, Spring, Stafford, Stephenville, Sugar Land, Sulphur Springs, Sweetwater, Taylor, Temple, Terrell, Texarkana, Texas City, The Colony, The Woodlands, Tomball, Tyler, Universal City, University Park, Uvalde, Vernon, Victoria, Vidor, Waco, Watauga, Waxahachie, Weatherford, Wells Branch, Weslaco, West Livingston, West University Place, Wharton, White Settlement, Wichita Falls, Wylie.
Since Sep 1, 2000, anyone in Texas who sells, serves or delivers alcoholic beverages including persons who immediately manage, direct, supervise or control the sale or service of alcoholic beverages must be TABC Certified in order for the business to continue to receive “Safe Harbor” from fines and penalties related to employees actions.