TABC - Alcohol and Beverage Code Flashcards
Definition: __________ means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Alcoholic beverage
Definition: ________ means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.
Distilled spirits
Definition: _______ means a malt beverage containing more than four percent of alcohol by weight.
“Ale” or “malt liquor”
Definition: _______ means a malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight.
Beer
Definition: _______ means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of certain nonprofit entity temporary event permits, the holder of a private club registration permit, or the holder of certain retailer late hours certificates.
Mixed beverage
Definition: _________ means an alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
(B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(C) possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code.
Illicit beverage
Definition: ______ means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person.
Licensee
Definition: _________ means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person.
Permittee
Sec. 1.05. GENERAL PENALTY.
(a) 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 $ ____ nor more than $ ____ or by confinement in the county jail for not more than _____ or by both.
(b) The term “specific penalty,” as used in this section, means a penalty which might be imposed as a result of a criminal prosecution.
Sec. 1.05. GENERAL PENALTY.
(a) 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 $1,000 or by confinement in the county jail for not more than one year or by both.
(b) The term “specific penalty,” as used in this section, means a penalty which might be imposed as a result of a criminal prosecution.
DEFINITION. In this code,
“minor” means
a person under 21 years of age.
Definition: _________ means 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.
Premises
Sec. 101.07. DUTY OF PEACE OFFICERS.
All peace officers in the state, including those of cities, counties, and state, _____ _____ the provisions of this code and _______ with and assist the commission in detecting violations and apprehending offenders.
Sec. 101.07. DUTY OF PEACE OFFICERS.
All peace officers in the state, including those of cities, counties, and state, shall enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.
Sec. 101.02. ARREST WITHOUT WARRANT.
A peace officer ____ arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer ___ take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.
Sec. 101.02. ARREST WITHOUT WARRANT. A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.
Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC.
A peace officer ___ seize without a warrant:
(1) any illicit beverage, its _______, and its ________;
(2) any ______, including an aircraft or watercraft, used to transport an illicit beverage;
(3) any equipment designed for use in or used in _________ an illicit beverage; or
(4) any ________ to be used in manufacturing an illicit beverage.
Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC.
A peace officer may seize without a warrant:
(1) any illicit beverage, its container, and its packaging;
(2) any vehicle, including an aircraft or watercraft, used to transport an illicit beverage;
(3) any equipment designed for use in or used in manufacturing an illicit beverage; or
(4) any material to be used in manufacturing an illicit beverage.
Sec. 103.04. ARREST OF PERSON IN POSSESSION.
A peace officer _____ arrest without a warrant any person found in possession of:
(1) an illicit beverage;
(2) any equipment designed for use in or used in manufacturing an illicit beverage; or
(3) any material to be used in manufacturing an illicit beverage.
Sec. 103.04. ARREST OF PERSON IN POSSESSION.
A peace officer may arrest without a warrant any person found in possession of:
(1) an illicit beverage;
(2) any equipment designed for use in or used in manufacturing an illicit beverage; or
(3) any material to be used in manufacturing an illicit beverage.
Sec. 103.05. REPORT OF SEIZURE.
(a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in _______ which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be ___________.
(b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state.
(c) One copy of the report ____ be delivered to the person from whom the seizure is made.
(d) A peace officer who makes a false report of the property seized commits a ____ punishable by confinement in the Texas Department of Criminal Justice for not less than ____ years and not more than _____ years.
(e) A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $____ nor more than $___ or by confinement in jail for not less than ____ nor more than ___ days or by both. The commission shall insure that the reports are made by peace officers.
Sec. 103.05. REPORT OF SEIZURE.
(a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be verified by oath.
(b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state.
(c) One copy of the report shall be delivered to the person from whom the seizure is made.
(d) A peace officer who makes a false report of the property seized commits a felony** punishable by confinement in the Texas Department of Criminal Justice for not less than **two** years and not more than **five years.
(e) A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $50 nor more than $100 or by confinement in jail for not less than 10 nor more than 90 days or by both. The commission shall insure that the reports are made by peace officers.