1. (a) This rule is adopted pursuant to the commission's authority to enact such rules as are necessary for the public health, peace, safety, temperance, and morals as this authority is expressed in §1.03 and §5.31 of the Alcoholic Beverage Code.

2. (b) The administrator or administrator's designee may require by written order that specific licensees/permittees participate in a server training program as created and enacted by §106.14 of the Alcoholic Beverage Code and the provisions of this chapter. Such requirement may be imposed on licensees/permittees that:

   1. (1) have violated a provision of the code or rules relating to the sale, service, dispensing or delivery of alcoholic beverages to a minor or intoxicated person more than once in a twelve month period; or
   2. (2) has been found, by administrative order or court of competent jurisdiction, to have engaged in conduct directly or indirectly encouraging violations of law within the meaning of §106.14(a)(3) of the Alcoholic Beverage Code.
3. (c) An order issued under this rule shall remain in effect until such time as the licensee/permittee has established 24 continuous months of operation from the date of the last violation without violation of a provision of the code or rules relating to the sale, service, dispensing or delivery of alcoholic beverages to a minor or intoxicated person.
4. (d) A licensee/permittee shall, on request, be granted a hearing prior to the issuance of an order authorized by this rule.
5. (e) This rule shall go into effect September 1, 2000.

Source Note:The provisions of this §50.11 adopted to be effective September 1, 2000, 25 TexReg 4734.