(a) This section relates to Alcoholic Beverage Code §§11.61(b)(21),
22.12, 24.11, 25.04(b), 26.03(b), 28.11, 32.24, 61.71(a)(30), 69.13,
and 71.09.
(b) Except as provided in this subsection, a licensee
or permittee shall report to the commission a breach of the peace
on a licensed premises as defined by §11.49 of the Code. The
licensee or permittee shall make the report as soon as possible, but
not later than five calendar days after the incident. If the incident
is a shooting, stabbing or murder, or an incident involving serious
bodily injury, the licensee or permittee shall report the breach of
the peace not later than 24 hours from the time of the incident.
(c) Unless the report is required to be made in a specific
manner pursuant to subsection (d) of this section, the report required
by this section shall be made:
(1) in person at any commission office;
(2) through the commission's website;
(3) by e-mail to breachofpeace@tabc.texas.gov; or
(4) through the commission's internet-based reporting
system.
(d) The executive director or the executive director's
designee may require, in writing, that a licensee or permittee make
any reports required by this section in a specific manner as instructed,
if the licensee or permittee has previously violated Alcoholic Beverage
Code §11.61(b)(21) or §61.71(a)(30).
(e) At a minimum, the report required by this section
shall include the information required in paragraphs (1) - (9) of
this subsection, but may include other information the person making
the report wishes to include:
(1) the date and time of the report;
(2) the date and time of the incident being reported;
(3) the trade name of the licensed premises where the
incident occurred;
(4) the name and physical location of the licensed
premises where the incident occurred, including the city (if applicable)
and county;
(5) the name of the person filing the report, that
person's relationship to the holder of the license or permit, and
contact information for that person;
(6) if different from the information given in response
to paragraph (5) of this subsection, the name of the person designated
by the holder of the license or permit to answer questions from the
commission about the incident, that person's relationship to the license
or permit holder, and contact information for that person;
(7) a brief description of the incident;
(8) the name of all law enforcement agencies who were
called or otherwise appeared in connection with the incident, and
the names of the officers involved (if known); and
(9) the names and contact information of any witnesses
to the incident (if known).
(f) For purposes of subsection (b) of this section
and subject to the provisions of subsection (g) of this section, a
reportable "breach of the peace" occurs when law enforcement or emergency
medical services personnel respond to the licensed premises or premises
under the control of a license or permit holder, or when a disturbance
is created by a person on the licensed premises or on premises under
the control of a license or permit holder and the incident involves:
(1) shooting, stabbing or murdering a person;
(2) causing bodily injury to another person;
(3) threatening another person with a weapon;
(4) discharging a firearm on the licensed premises;
or
(5) destroying the licensee's or permittee's property,
if the incident is reported by the licensee or permittee to a law
enforcement agency.
(g) For purposes of this section:
(1) conduct identified in subsection (f) of this section
(other than a shooting, stabbing or murder, or an incident involving
serious bodily injury) creates a "disturbance," and therefore is a
reportable breach of the peace, when it:
(A) occurs at a time when the licensee or permittee,
or any person allowed by the licensee or permittee, is on the licensed
premises; and
(B) interferes with, interrupts, or intrudes upon the
operation or management of the licensed premises;
(2) a shooting, stabbing or murder, or an incident
involving serious bodily injury, on the licensed premises is always
a "disturbance," and therefore is always a reportable breach of the
peace;
(3) a "licensed premises" is as defined in Alcoholic
Beverage Code §11.49;
(4) a "permittee" is as defined in Alcoholic Beverage
Code §1.04(11); and
(5) a "licensee" is as defined in Alcoholic Beverage
Code §1.04(16).
(h) A license or permit holder may not be held administratively
liable for failing to file a report or failing to file a timely report
under this section if it can demonstrate that it had no knowledge,
nor in the exercise of reasonable care should have had knowledge,
of the alleged breach of peace on the licensed premises.
(i) A license or permit holder may not be held administratively
liable for failing to file a report or failing to file a timely report
under this section if the alleged breach of the peace:
(1) did not occur on the license or permit holder's
licensed premises; and
(2) occurred at a time that the license or permit holder's
licensed premises was closed to the public.
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