Figure: 16 TAC §34.3
| DESCRIPTION | 1st Violation | 2nd Violation | 3rd Violation |
|---|---|---|---|
| Refusing to allow an inspection of a licensed premises or interfering with an inspection of a licensed premises in violation of §§32.17(a)(2), 61.71(a)(14), 61.74(a)(7) or 101.04, Alcoholic Beverage Code. |
8-13 days $300 per day |
16-26 days $300 per day |
Cancel |
| Operating an establishment as an illegal open saloon in violation of §32.17(a)(1) or §32.01(2), Alcoholic Beverage Code. |
5-7 days $300 per day |
10-14 days $300 per day |
Cancel |
| Selling wine over 17% alcohol content during prohibited hours in violation of §24.07, Alcoholic Beverage Code. |
3-5 days $300 per day |
6-10 days $300 per day |
18-30 days $300 per day |
| Sale of alcoholic beverages while serving a suspension in violation of §§11.68, 61.71(a)(22) or 61.84, Alcoholic Beverage Code. |
Original suspension plus 8-13 days $300 per day |
Original suspension plus 16-26 days $300 per day |
Cancel |
| Subterfuge--Permitting another person to use a license or permit other than the one it is issued to in violation of §11.05 and §109.53, Alcoholic Beverage Code. |
Cancel | ||
| Possession of distilled spirits without local distributor stamps on the container in violation of §28.15 or §32.20, Alcoholic Beverage Code. |
6-8 days $300 per day |
12-16 days $300 per day |
Cancel |
| Possession of an empty distilled spirits container with the local distributor stamp not mutilated in violation of agency rule §41.72. |
3-5 days $300 per day |
6-10 days $300 per day |
Cancel |
| Possession of any uninvoiced alcoholic beverages in violation of §28.06 and §32.08, Alcoholic Beverage Code and agency rule §41.50. |
8-13 days $300 per day |
16-26 days $300 per day |
Cancel |
| Knowingly possess uninvoiced alcoholic beverages in violation of §28.06, Alcoholic Beverage Code and agency rule §41.50 or refilling distilled spirits bottles in violation of §28.08, Alcoholic Beverage Code. |
Cancel | ||
| Sale of any unauthorized alcoholic beverage in violation of §11.01, Alcoholic Beverage Code. |
8-13 days $300 per day |
16-26 days $300 per day |
Cancel |
| Possession of any unauthorized alcoholic beverage by a licensee or permittee or his employee in violation of §69.12 or §61.71(a)(9), Alcoholic Beverage Code. |
3-5 days $300 per day |
6-10 days $300 per day |
Cancel |
| Consumption of or permitting consumption of an alcoholic beverage on the premises of any off-premise license or permit in violation of §§22.10, 22.11, 26.01 or 71.01, Alcoholic Beverage Code. |
3-5 days $300 per day |
6-10 days $300 per day |
Cancel |
| Permitting an open container on the premises of any off-premise license or permit in violation of §71.01 or §24.09, Alcoholic Beverage Code. |
3-5 days $300 per day |
6-10 days $300 per day |
18-30 days $300 per day |
| Purchase of an alcoholic beverage from an unauthorized source in violation of §§61.71(a)(19), 61.71(a)(20), 69.09 or 71.05, Alcoholic Beverage Code. |
6-8 days $300 per day |
12-16 days $300 per day |
Cancel |
| Sale of an alcoholic beverage by a retailer for the purpose of resale in violation of §71.05, Alcoholic Beverage Code. |
8-13 days $300 per day |
16-26 days $300 per day |
Cancel |
| Purchasing alcoholic beverages while on the "delinquent list" in violation of §102.32(d), Alcoholic Beverage Code. |
5-7 days $300 per day |
10-14 days $300 per day |
Cancel |
| Selling an alcoholic beverage away from a licensed premises. §61.06 |
3-5 days $300 per day |
6-10 days $300 per day |
18-30 days $300 per day |
| Storage of alcoholic beverages off a licensed premises in violation of §69.10, Alcoholic Beverage Code. |
3-5 days $300 per day |
6-10 days $300 per day |
18-30 days $300 per day |
| Making false or misleading statements in original or renewal applications or making false or misleading statements in documents submitted with or attached to applications for licenses or permits in violation of §§11.46(4), 61.71(a)(4) or 61.74(a)(11), Alcoholic Beverage Code. |
Cancel | ||
| Sale or delivery of unauthorized alcoholic beverages to a non-licensed business in violation of manufacturing and wholesaler sections of the Alcoholic Beverage Code. §§11.01, 19.01, 61.01 or 62.01 |
6-8 days $300 per day |
12-16 days $300 per day |
Cancel |
| Sale to a permittee who is on the delinquent list, failure to timely collect credit payments, or failure to report credit law violations; Failure to notify the commission of a delinquent account in violation of §102.32, Alcoholic Beverage Code; Failure to report cash law violations or failure to sell beer for cash in violation of §102.31, Alcoholic Beverage Code. |
3-5 days $300 per day |
6-10 days $300 per day |
18-30 days $300 per day |
| Improper record keeping in violation of agency rules §§41.49, 41.50, 41.51, 41.52 and §§32.03, 32.06, Alcoholic Beverage Code, including invoices, membership records, pool and replacement accounts. |
2-4 days $300 per day |
4-8 days $300 per day |
12-24 days $300 per day |
| Knowingly filed false report, application, form, or record. §§11.61, 61.71, 62.05, 64.04, or 203.09 |
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| Knowingly failed to keep record or file return in manner required. §§61.71, 61.74, 62.05, 64.04, 203.09, or 206.01 |
6-12 days $300 per day |
12-24 days $300 per day |
Cancel |
| Retail cash/credit laws violation of cash or credit laws by retail licensee or permittee in violation of §§61.73, 102.31 or 102.32. |
2-5 days $300 per day |
4-10 days $300 per day |
12-30 days $300 per day |
| Failed to present program curriculum as approved. §50.4(g). |
$450-$600 | $900-$1,200 | Cancel |
| Program taught in ineffective manner. §50.4. |
$450-$600 | $900-$1,200 | Cancel |
| Failed to use certified trainer. §50.6(a). |
$2,250-$3,000 | $4,500-$6,000 | Cancel |
| Had more than 50 trainees in a session. §50.4(e). |
$450-$600 | $900-$1,200 | Cancel |
| Failure to schedule sessions or cancel sessions in a timely manner. §50.4(a). |
$450-$600 | $900-$1,200 | $2,700-$3,600 |
| Failure to properly test. §50.4(j)-(n). |
$1,500-$2,250 | $3,000-$4,450 | Cancel |
| Certifying a trainee who had not successfully completed a full session and/or passed the final test. §50.5(b)(2). |
$450-$600 | $900-$1,200 | $2,700-$3,600 |
| Licensee/Permittee programs certifying non-employees. §50.4(d). |
$450-$600 | $900-$1,200 | $2,700-$3,600 |
| Failed to distribute certificates to trainees. §50.4(r). |
$450-$600 | $900-$1,200 | $2,700-$3,600 |
| Trainer taught in a language that was not authorized. §50.6(a). |
$450-$600 | $900-$1,200 | $2,700-$3,600 |
| Violation of requirements for school/program approval. §50.3(a)-(h). |
Cancel | ||
| Violated a provision of Section 50.5(b) (Program). §50.5(b). |
Cancel | ||
| Violated a provision of Section 50.7 (Trainer). §50.7. |
Cancel | ||
| Make false or misleading statements, reports, or representations to the Commission. §50.5(b)(2). |
$1,500-$2,250 | $3,000-$4,450 | Cancel |
| Failure to timely file or properly prepare the report of seller training. §50.5(b)(4). |
$750-$1,050 | $1,500-$2,100 | Cancel |
| Failure to properly prepare and issue certificates. §50.4(r). |
$450-$600 | $900-$1,200 | Cancel |