Co-Op INSPECTION PROGRAM Working together!!!!!!
A Joint Cooperation between TABC and Local Fire Marshal’s Office’s TABC and HCFMO initiated a inspection program in September of 2005.
Co-Op INSPECTION PROGRAM AGENCIES WHO HAVE JOINED THE PROGRAM
February 20th 2003 – The Station Night Club, West Warwick, R.I.The band Great White was performing on stage when tour manager Daniel Biechele ignited pyrotechnics behind the stage. The pyrotechnic then ignited foam that had been installed as soundproofing.
As a result of over crowding 100 people were killed and 200 were injured.
A Fire Safety Program for Bars, Night Clubs, AND Dance Halls IN Cooperation WITH THE State Fire Marshal’s Office
TABC AUTHORITY The TABC was established in 1935 as the state regulatory agency covering all phases of the alcoholic beverage industry in the State of Texas. The duties of the Commission include regulating sales, taxation, importation, manufacturing, transporting, and advertising of alcoholic beverages.
The Enforcement Division, the agency’s largest and most visible division, enforces the Alcoholic Beverage Code and other laws of the state.Commissioned peace officers conduct investigations involving minors in possession, public intoxication, bootlegging, prostitution, gambling, narcotics, weapons, and organized criminal activities. ENFORCEMENT DIVISION
Enforcement agents also provide regular instruction to school children, licensees and their employees, and to members of civic groups, to promote a better understanding of the law and encourage voluntary compliance.
PUBLIC POLICY Sec. 1.03 This code is an exercise of the police power of the state for the protection of the welfare, health, peace, temperance,and safety of the people of the state. It shall be liberally construed to accomplish this purpose
FMO AUTHORITY • Local Laws and Ordinances as adopted by their jurisdiction • Mandate Compliance • Depending on authority Citations or Fire Marshal’s Orders issued
ABC Sec. 11.61 and Sec 61.71 the place or manner in which the permittee conducts his business warrants the cancellation or suspension of the permit based on the general welfare, health, peace, morals, and safety of the people and on the public sense of decency;
The Inspection Process Potential threat(s) to life and concerns to human safety. Let’s save a life before it needs to be saved.
DUTY of PEACE OFFICERS Sec. 101.07-ALL peace officers in the state, including those of cities, counties, and state, SHALLenforce the provisions of this code and cooperate with and assist the Commission in detecting violations and apprehending offenders.
LICENSED PREMISES Sec. 11.49 Designation of Licensed Premises: (a) The grounds and all BUILDINGS, VEHICLES, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the SAME person.
Search Without a Warrant By accepting a license or permit, the holder consents that the commission, an authorized representative of the Commission, or a peace officer may enter the licensed premises atANYtime to conduct an INVESTIGATION or INSPECT the premises for the purpose of performing any DUTYimposed by the Code. e.g. 2:45 a.m. or 2:45 p.m.
Face of the Permit of License This (Permit or License) is not transferable, must be displayed in a conspicuous place at all times and used only in the place of business indicated hereon. The acceptance hereof constitutes an express agreementto permit any authorized representative of the Commission or any peace officer to freely enter upon (Permittee or Licensee’s) premises to perform any duty imposed upon them
Hours of Sale Standard Hours- Monday thru Saturday 7:00am- 12:00 mn Sunday (Saturday Night) 12:00am-1:00 am Sunday *12:00 noon-12:00mn Extended Hours- Monday thru Saturday 7:00am- 2:00am Sunday *12:00noon-2:00am *10:00 am with theservice of food
Hours of Consumption Standard Hours- Monday thru Saturday 7:00am- 12:15 mn Sunday (Saturday Night) 12:00mn-1:15 am Sunday*12:00 noon-12:15 mn Extended Hours- Monday thru Saturday 7:00am- 2:15am Sunday*12:00noon-2:15am *10:00 am with the service of food
A Joint Inspection by TABC and the Local FMO • Weekly Emails on Applicants for TABC License from TABC to FMO • FMO determines jurisdiction • Inspector visits location and performs inspection • Forwards report to TABC • TABC issues Warning, ordering compliance
A Joint Inspection by TABC and the Local FMO • Along with locations applying for license • TABC Inspector and FMO Inspector will schedule bi-weekly inspections together in predetermined quadrant. • Upon visit inspection report is prepared by FMO Inspector • Warning is issued by TABC Agent • Follow up dates are maintained by FMO
FMO Violations • 30 Day Correction Letter/Inspection Report • 10 – 30 Day FMO issued if no action taken or at inspection date depending on deficiency. • Because of TABC - Re-inspects and FMO decrease is significant.
TABC Violations TABC will issue an Administrative Warning, requiring compliance within the required correction period. A joint follow-up inspection will then be made to verify compliance. Failure to comply will result in a cancellation case against the permit/license by TABC.
ABC Sec. 104.01 No person authorized to sell beer at retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts: (8) failing or refusing to comply with state or municipal health or sanitary laws or ordinances
Crocodile Tears GENERAL PENALTY A person who violates a provision of this code for which a “specific penalty” is not provided is guilty of a MISDEMEANOR and on conviction is punishable by a fine of not less than $100 nor more than $1000or by confinement in the county jailfor not more than ONE YEAR or by BOTH.
ABC Chapter 81 Enacted September 1st 2007
Public Nuisance • The Commission may • Cancel, suspend or deny an original or renewal application • Of an on-premises retailer without a food & beverage certificate
Public Nuisance • If the retailer maintains a public nuisance on the premises or allows others to do so See Chapter 81
Nuisance Defined • A nuisance is a place where alcoholic beverages are used contrary to the Code or purposes of the Code
Nuisance Defined • A place where people habitually go to commit violent and disruptive acts contrary to the Penal Code See §101.70 and Civil Practices & Remedies Code §125.001
Nuisance DefinedAdditional Conditions • The Commission may impose such additional conditions on the retailer as are necessary to abate the nuisance • An Administrative Law Judge may impose such conditions during the pendency of a contested case; or
Nuisance DefinedAdditional Conditions • A retailer may not pay a civil penalty for violations of Chapter 81
ADMINISTRATIVE PENALTY Violation of city codes (relating to health, safety and welfare). 1st Violation: Warning-10 days 2nd Violation: 15-25 days 3rd Violation: 30-Cancel
ADMINISTRATIVE CASES “If a violation occurs on a licensed premises the TABC may take administrative action against the permit or license.” This action, if proven, may result in the suspension or cancellation of the permit/license, or a fine in lieu of the suspension.
CASE ELEMENTS The points or items necessary to prove that a particular violation exists according to code, rules, and/or policy.
Administrative Case Checklist • Dates and times • Location/Description • Reason for being at licensed premise • Violations observation • ID of persons involved including SS# • Correction Period • Evidence • Follow-Up!!!!!!!! • How did they not comply