(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Customer--A person, patron or member of an establishment where the certified trainee is an agent or employee. The term is not limited to persons who have been sold or served alcoholic beverages by an agent or employee of the establishment.
(2) Intoxication--As that term is defined in the Texas Penal Code, §49.01, to wit:
- (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or a combination of two or more of those substances into the body; or
- (B) having an alcohol concentration of 0.08 or more. (Alcohol concentration means: the number of grams of alcohol per 100 milliliters of blood; the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67 milliliters of urine.)
- (3) Program--Seller training program, as that term is used in the Texas Alcoholic Beverage Code, §106.14.
- (4) Employee--One who sells, serves, dispenses or delivers alcoholic beverages under the authority of a license or permit, including persons who immediately manage, direct, supervise, or control the sale or service of alcoholic beverages. Employee does not include officers of a corporate permittee/licensee who do not manage, direct, supervise or control the sale or service of alcoholic beverages.
- (5) Student or trainee An employee attending or participating in a seller training program.
(b) Each word and term used in this chapter shall have the meaning given to it by:
- (1) a definition in this chapter; or
- (2) a definition in the Texas Alcoholic Beverage Code; or
- (3) a definition in the Texas Penal Code, Titles 1, 2, or 3; or
- (4) the common dictionary definition.
- (c) The amendments to this rule adopted on April 24, 2000, shall become effective on September 1, 2000.
Source Note:The provisions of this §50.2 adopted to be effective July 29, 1994, 19 TexReg 5631; amended to be effective September 1, 2000, 25 TexReg 4721.