- (a) The commission shall require each licensee/permittee who claims exemption from administrative action under the Texas Alcoholic Beverage Code, §106.14, to produce evidence by affidavit indicating that the licensee/permittee met the three criteria outlined in §106.14(a).
- (b) The licensee/permittee shall not be deemed to require its employees to attend a commission approved seller-server training program unless employees are required to attend such program within 30 days of their initial employment and each employee's certification has not expired, been suspended or revoked. The administrator or administrator's designee may relax the requirements of this paragraph in individual cases for good cause shown by the licensee/permittee claiming exemption.
- (c) Proof by the commission that an employee or agent of a licensee/permittee sold, delivered or served alcoholic beverages to a minor or intoxicated person, or allowed consumption of same by a minor or intoxicated person, more than twice within a 12-month period, shall constitute prima facie evidence that the licensee/permittee has directly or indirectly encouraged violation of the relevant laws.
(d) The following practices constitute prima facie evidence of indirect encouragement of law within the meaning of §106.14(a)(3) of the Alcoholic Beverage Code:
- (1) subject to the provisions of paragraph (b) above, the licensee/permittee fails to insure that all employees possess currently valid certificates of training issued and maintained in conformity with this chapter;
- (2) the licensee/permittee fails to adopt, and post within view of its employees, policies and procedures designed to prevent the sale, service or consumption of alcoholic beverages by or to minors and intoxicated persons, and that express a strong commitment by the licensee/permittee to prohibit such sales, service or consumption;
- (3) the licensee/permittee fails to insure that employees have read and understood the licensee/permittee's policies and procedures regarding sales, service or consumption of alcoholic beverages by or to minors or intoxicated persons.
- (e) This rule shall go into effect September 1, 2000.
Source Note:The provisions of this §50.10 adopted to be effective September 1, 2000, 25 TexReg 4733.