| (a) This rule implements Alcoholic Beverage Code §5.361(a-1)
and (a-2)(1), which require the commission to develop by rule a plan
for inspecting permittees and licensees using a risk-based approach
that prioritizes public safety.
(b) The commission will classify each licensed or permitted
premises as priority or non-priority, for inspection purposes. In
classifying a premises, the commission may consider factors including,
but not limited to:
(1) the type of license or permit held;
(2) the location of the licensee's or permittee's premises;
(3) previous public safety violations committed by
the premises;
(4) any breaches of the peace occurring at the licensee's
or permittee's premises;
(5) the licensee's or permittee's record of compliance
with the Alcoholic Beverage Code and these rules;
(6) any public safety-related complaints received by
the commission against the premises;
(7) whether the premises has regularly completed and
submitted the report required by §41.12 of this title, concerning
Compliance Reporting by License and Permit Holders; and
(8) whether the premises is a "priority location" for
enforcement purposes under subsection (c) of this section.
(c) For purposes of this section, a premises is a "priority
location" if:
(1) any public safety-related violations have occurred
on the premises during the past six months;
(2) the commission is currently investigating any allegations
of public safety violations at the premises;
(3) the premises has been licensed for less than two
years for off-premises consumption, and has not been the target of
any underage compliance operation or other public safety operation;
or
(4) the premises has been licensed for less than two
years for on-premises consumption, holds a late hours certificate,
and has not been the target of an underage compliance operation or
other public safety operation.
(d) It is the commission's goal to inspect a licensed
or permitted premises classified as:
(1) priority not less than once every six months; or
(2) non-priority on an as-needed basis, but not less
than required by §35.2 of this title.
(e) Inspections under this section may be virtual,
physical, or a combination of both.
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