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TITLE 16ECONOMIC REGULATION
PART 3TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 50ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING
SUBCHAPTER CSELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS
RULE §50.20Application for Branch In-House Seller Server School Certificate

(a) Subsections (b) - (1) of this section apply to applications for branch classroom-based in-house seller server school certificates. Subsections (m) - (y) of this section apply to applications for branch internet-based in-house or branch mobile application in-house seller server school certificates.

(b) An applicant for an original classroom-based in-house branch seller server school certificate must be an applicant for or currently hold a primary in-house seller server school certificate.

(c) An applicant for a branch classroom-based in-house seller server school certificate renewal or change of ownership must hold a current primary in-house seller server school certificate.

(d) An applicant may submit one or more applications for a branch classroom-based in-house seller server school certificate, but each application must be separately completed and submitted on forms provided by the commission.

(e) The owners, shareholders, officers and directors of the primary in-house seller server school and the branch classroom-based in-house seller server school must be the same.

(f) The application for a branch classroom-based in-house seller server school certificate must designate:

  (1) a certified trainer responsible for the oversight, operation, training, and compliance at the branch classroom-based in-house seller server school; and

  (2) an individual responsible for the day-to-day operations and management of the branch classroom-based in-house seller server school.

(g) A personal history sheet must be completed and submitted with the application for each trainer and responsible individual if the individual has not previously provided a personal history sheet with the original or renewal application for the primary in-house seller server school.

(h) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.

(i) Additional information may be required by the commission to verify ownership or qualifications of an applicant or individual.

(j) The applicant must sign and verify that:

  (1) the applicant has authority to act on behalf of all owners;

  (2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;

  (3) all parts of the application that apply are complete;

  (4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;

  (5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and

  (6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.

(k) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.

(l) An applicant must:

  (1) keep an exact copy of the application submitted to the commission; and

  (2) complete and correct any deficiencies within ten business days after being notified of the deficiency.

(m) A branch internet-based in-house training school certificate is required for each domain that offers a different course of instruction from the course of instruction approved on the designated primary domain.

(n) A branch mobile application in-house training school certificate is required for each delivery platform supported on mobile phones, PDAs, tablets or other delivery device approved by the commission. For a branch mobile application seller server school:

  (1) the mandatory curriculum may be completed with or without Internet access;

  (2) the Commission Standard Competence Test and all unit testing must be completed through an internet or intranet connection; and

  (3) the Commission Standard Competence Test and all unit testing may not be stored in the mobile application nor on any device not directly managed by the Primary Seller Server Training School.

(o) An applicant for an original internet-based or mobile application in-house branch seller server school certificate must be an applicant for or currently hold a primary in-house seller server school certificate.

(p) An applicant for an internet-based or mobile application in-house branch seller server school certificate renewal or change of ownership must hold a current primary in-house seller server school certificate.

(q) An applicant may submit one or more applications for a branch internet-based or mobile application in-house seller server school certificate, but each application must be separately completed and submitted on forms provided by the commission.

(r) The owners, shareholders, officers and directors of the primary in-house seller server school and the branch internet-based or mobile application in-house seller server school must be the same.

(s) The application for a branch internet-based or mobile application in-house seller server school certificate must designate:

  (1) a certified trainer responsible for the oversight, operation, training, and compliance at the branch in-house seller server school; and

  (2) an individual responsible for the day-to-day operations and management of the branch in-house seller server school.

(t) A personal history sheet must be completed and submitted with the application for each trainer and responsible individual if the individual has not previously provided a personal history sheet with the original or renewal application for the primary in-house seller server school.

(u) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.

(v) Additional information may be required by the commission to verify ownership or qualifications of an applicant or individual.

(w) The applicant must sign and verify that:

  (1) the applicant has authority to act on behalf of all owners;

  (2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;

  (3) all parts of the application that apply are complete;

  (4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;

  (5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and

  (6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.

(x) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.

(y) An applicant must:

  (1) keep an exact copy of the application submitted to the commission; and

  (2) complete and correct any deficiencies within ten business days after being notified of the deficiency.


Source Note: The provisions of this §50.20 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2271; amended to be effective June 14, 2023, 48 TexReg 2939

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