| (a) The commission may revoke a Seller Server certificate
under the conditions set forth in this section.
(1) If the holder of a Seller Server Certificate sells
or serves an alcoholic beverage to a minor or intoxicated person,
the certificate holder must be recertified within 30 days of the violation.
Recertification requires completing a course of instruction offered
by a certified school and passing the Commission Standard Competence
Test. If the certificate holder is not recertified within 30 days
of the violation, the commission may revoke the certificate.
(2) If the holder of a Seller Server Certificate sells
or serves an alcoholic beverage to a minor or intoxicated person a
second time within a 12-month period, the commission may revoke the
certificate. The certificate holder cannot be recertified for a period
of 90 days. Recertification requires completing a course of instruction
offered by a certified school and passing the Commission Standard
Competence Test.
(3) If the holder of a Seller Server Certificate sells
or serves an alcoholic beverage to a minor or intoxicated person a
third time within a 12-month period, the commission may revoke the
certificate. The certificate holder cannot be recertified for a period
of one year. Recertification requires completing a course of instruction
offered by a certified school and passing the Commission Standard
Competence Test.
(4) If the holder of a Seller Server Certificate provided
false identification to a seller server school or trainer, including,
but not limited to, name, social security number, or birth date, the
commission may revoke the certificate. The certificate holder cannot
be recertified.
(5) If the holder of a Seller Server Certificate did
not successfully complete a course of instruction offered by a certified
school or did not pass the Commission Standard Competence Test, the
commission may revoke the certificate.
(b) Before the commission may revoke a Seller Server
Certificate, the commission must give notice to the holder of the
certificate that he or she has the right to request a hearing, but
that he or she must make such request within 21 days after the receipt
of the notice of violation.
|
| Source Note: The provisions of this §50.31 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective April 17, 2018, 43 TexReg 2272; amended to be effective June 14, 2023, 48 TexReg 2939 |
