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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

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co op inspection program
Co-Op INSPECTION PROGRAM

Working together!!!!!!

a joint cooperation between tabc and local fire marshal s office s
A Joint Cooperation between TABC and Local Fire Marshal’s Office’s

TABC and HCFMO initiated a inspection program in September of 2005.

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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.

slide7
A Fire Safety Program for Bars, Night Clubs, AND Dance Halls IN Cooperation WITH THE State Fire Marshal’s Office
tabc authority
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.

slide9

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

slide10

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.

slide11

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
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

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
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
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
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
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
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
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
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
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 fmo30
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
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 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
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

general penalty

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
ABC Chapter 81

Enacted September 1st 2007

public nuisance
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 nuisance37
Public Nuisance
  • If the retailer maintains a public nuisance on the premises or allows others to do so

See Chapter 81

nuisance defined
Nuisance Defined
  • A nuisance is a place where alcoholic beverages are used contrary to the Code or purposes of the Code
nuisance defined39
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 defined additional conditions
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 defined additional conditions41
Nuisance DefinedAdditional Conditions
  • A retailer may not pay a civil penalty for violations of Chapter 81
administrative penalty
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
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.

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CASE ELEMENTS

The points or items necessary to prove that a particular violation exists according to code, rules, and/or policy.

administrative case checklist
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
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Contact for More Information

Chuck Cornelius - Agent

Texas Alcoholic Beverage Commission

(713) 426-7913 / (713) 755-3286

c.cornelius@tabc.state.tx.us / www.tabc.state.tx.us