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Questions and Answers
What constitutes an alcoholic beverage?
What constitutes an alcoholic beverage?
- Any beverage containing more than one-half of one percent of alcohol by volume (correct)
- Beverages like tonic water and seltzer
- Beverages served in restaurants (correct)
- Only beer and wine
What is Blood Alcohol Concentration (BAC)?
What is Blood Alcohol Concentration (BAC)?
A measurement of the amount of alcohol in the bloodstream expressed as a percentage.
What is a BAC chart used for?
What is a BAC chart used for?
To help estimate a person's blood alcohol concentration.
Define criminal negligence.
Define criminal negligence.
What does the Dram Shop Act regulate?
What does the Dram Shop Act regulate?
Who is considered an employee in the context of selling alcohol?
Who is considered an employee in the context of selling alcohol?
What does intoxication refer to?
What does intoxication refer to?
What is the legal definition of a minor?
What is the legal definition of a minor?
What are on-premise sales?
What are on-premise sales?
Define off-premise sales.
Define off-premise sales.
What is public intoxication?
What is public intoxication?
A minor commits an offense if he consumes an alcoholic beverage. It is an affirmative defense if the beverage was consumed in the visible presence of the minor's _____.
A minor commits an offense if he consumes an alcoholic beverage. It is an affirmative defense if the beverage was consumed in the visible presence of the minor's _____.
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Study Notes
Alcoholic Beverages
- Defined as any beverage containing more than 0.5% alcohol by volume usable for consumption.
- Common types include beer, wine, malt liquor, and distilled spirits.
- Can be sold on-premise (e.g., bars, restaurants) or off-premise (e.g., grocery, liquor stores).
- Non-alcoholic drinks such as tonic water and virgin drinks are excluded.
Blood Alcohol Concentration (BAC)
- A measure of alcohol in the bloodstream expressed as a percentage.
- Example: A BAC of 0.10% indicates 1 part chemical alcohol per 1000 parts of blood.
BAC Chart
- A tool used to estimate a person's blood alcohol concentration based on consumption.
Criminal Negligence
- Occurs when a person fails to meet a standard level of care that a reasonable person would under similar circumstances.
- Key actions include checking IDs, assessing age, and not over-serving patrons.
Dram Shop Act
- Governs civil liability for providers selling alcoholic beverages.
- Allows injured parties to sue providers for damages incurred due to alcohol-related incidents.
Employee Definition
- Any individual involved in the sale, service, or delivery of alcoholic beverages for a licensed business.
- Excludes corporate officers who do not engage in direct management of alcohol sales.
Intoxication
- Defined as lacking normal mental or physical faculties due to substances, including alcohol.
- Alcohol concentration of 0.08% or higher qualifies as intoxication.
Minor Definition
- A person under the age of 21, as per Texas Alcoholic Beverage Code.
On-Premise Sale
- Alcoholic beverages sold by the drink in venues such as bars and restaurants.
Off-Premise Sale
- Alcoholic beverages sold in packaged form for consumption away from the establishment.
Public Intoxication
- Appearing in public while intoxicated to a degree that may pose a danger to oneself or others.
Texas Alcoholic Beverage Code Sections
- Sec. 106.01: Defines "minor" as a person under 21.
- Sec. 106.02: Specifies that minors commit an offense if they purchase alcohol, with exceptions for supervised purchases.
- Sec. 106.025: Describes offenses related to attempted purchase of alcohol by minors.
- Sec. 106.04: Outlines offenses for consumption of alcohol by minors, with an affirmative defense if done in presence of an adult guardian.
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