| (a) This rule relates to §§11.46(a)(8), 11.61(b)(7),
61.42(a)(3) and 61.71(a)(16) of the Alcoholic Beverage Code.
(b) A licensee or permittee violates the provisions
of the Code cited in subsection (a) of this section if any of the
offenses listed in subsection (c) of this section are committed:
(1) by the licensee or permittee in the course of conducting
its alcoholic beverage business; or
(2) by any person on the licensee or permittee's licensed
premises; and
(3) the licensee or permittee knew or, in the exercise
of reasonable care, should have known of the offense or the likelihood
of its occurrence and failed to take reasonable steps to prevent the
offense.
(c) The offenses that are the subject of this rule
include:
(1) any preparatory offense described in Chapter 15
of the Texas Penal Code;
(2) any homicide offense described in Chapter 19 of
the Texas Penal Code;
(3) any trafficking or smuggling of a person or receipt
of benefit from participating in a human trafficking offense described
in Chapter 20A of the Texas Penal Code or 18 U.S.C. §§1581-1592;
(4) any sexual offense described in Chapter 21 of the
Texas Penal Code;
(5) any assaultive offense described in Chapter 22
of the Texas Penal Code;
(6) any arson, criminal mischief or property damage
or destruction offense described in Chapter 28 of the Texas Penal
Code;
(7) any theft offense described in Chapter 31 of the
Texas Penal Code;
(8) any fraud offense described in Chapter 32 of the
Texas Penal Code;
(9) any money laundering offense described in Chapter
34 of the Texas Penal Code;
(10) any bribery offense described in Chapter 36 of
the Texas Penal Code;
(11) any obstruction offense described in Chapter 38
of the Texas Penal Code;
(12) any disorderly conduct or related offenses described
in Chapter 42 of the Texas Penal Code;
(13) any public indecency offense described in Chapter
43 of the Texas Penal Code;
(14) any weapons offense described in Chapter 46 of
the Texas Penal Code;
(15) any gambling offense described in Chapter 47 of
the Texas Penal Code;
(16) any narcotics related offense described in Chapters
481 and 483 of the Texas Health and Safety Code;
(17) any law, regulation or ordinance of the state
or federal government or of the county or municipality in which the
licensed premises is located, violation of which is detrimental to
the general welfare, health, peace and safety of the people; and
(18) any solicitation of any person to buy drinks for
consumption by the retailer or any of the retailer's employees in
violation of §104.01 of the Alcoholic Beverage Code.
(d) This rule does not constitute the exclusive means
by which §§11.46(a)(8), 11.61(b)(7), 61.42(a)(3) and 61.71(a)(16)
may be violated.
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