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 Since Sep 1, 2000, anyone in Texas who sells, serves or delivers alcoholic beverages including persons who immediately manage, direct, supervise or control the sale or service of alcoholic beverages must be TABC Certified in order for the business to continue to receive "Safe Harbor" from fines and penalties related to employees actions.
The Texas Alcoholic Beverage Commission certifies and monitors the Seller Training Certification courses for persons who sell or serve alcoholic beverages. They do not actually conduct the courses.
The TABC Seller-Server Course course is not mandatory, but many employers require their employees to have the certification before they are hired because it helps protect employers from liability.
Your Enrollment Fee Includes:
- Access to online course and exam
- Unlimited 24x7 toll free phone support
- Printable, temporary certificate
- 2-year official certificate mailed (2-5 business days)
What will be gained from a TABC Certification course?
General course work is designed to teach Texas law that will directly affect them as an alcohol server or seller. They learn that they are personally responsible and may be held liable if they sell or serve to minors or an intoxicated or impaired person. Topics include the following:
- Alcohol Awareness and Laws
- Responsible Alcohol Service
- Detection/Intervention Techniques
- ID Checking Skills
- Detection of Minors
- Calculation of BAC
As an employer, what are the advantages of requiring all of my employees to be seller trained?
The laws concerning the sale and service to minors and intoxicated customers are covered in the training, as well as techniques for intervention to ensure that sales are not made to minors or intoxicated customers.
Additionally, the TABC will not take administrative action against a license/permit when an employee sells or serves an alcoholic beverage to a minor or intoxicated customer, as long as:
- the person selling is not the owner or an officer of the licensee or permittee;
- the person selling holds a current seller training certification;
- all employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers, are currently certified;
- the licensee/permittee posts policies for Responsible Alcohol Service and ensures that each employee understands these policies;
- the licensee/permittee does not directly or indirectly encourage the employee to violate the law; and
- there are not more than two of these type violations within a twelve month period.
This relief is commonly referred to as "safe harbor." If an illegal sale is made, the seller/server will most probably be arrested, but the retailer's permit/license will have protection from administrative action by the TABC. Click here to review Section 106.14 (a) of the TABC Code. Click here to review relevant sections of the Administrative Rules.
A. Civil Liability
- Common Law: Chico vs. Poole, Texas Supreme Court Decision
- Statute (Chapter 2, TABC Code, Dram Shop Law)
B. Laws Pertaining to Intoxicated Persons
- Definition of Intoxication: Not having the normal use of mental or physical faculties, 0.08% BAC
- Sale to Intoxicated Persons
- Public Intoxication
- Intoxicated Employee or Employer on Premises
C. Laws Pertaining to Minors
- Definition of Minors (under 21)
- Purchase by Minors
- Attempt to Purchase By Minors
- Consumption by Minors (Prohibition and Exception)
- Driving Under the Influence by a Minor
- Possession by Minors (Prohibition and Exceptions)
- Sale to Minors (Prohibition, Definition of Criminal Negligence and Defense)
- Making Available to Minor (Prohibition and Exception)
D. Laws Concerning Proper ID
- Misrepresentation of Age by Minor
- Texas ID's Issued to Minors
- Deceptively Similar ID's
- Counterfeit or Forged ID's
- Altered, Borrowed, or Otherwise Invalid ID:
* Altered
* Multiple ID
* Borrowed
* Fraudulently obtained
* Loaned
E. Physiological Effects of Alcohol
- Absorption and Elimination
* Enters by absorption - through lining of mouth, throat, and small intestine.
* 75% - 80% absorbed through small intestine.
* Speed of absorption greater from small intestine than stomach.
* 90% eliminated by liver.
* Healthy body eliminates about 1/2 oz. of pure alcohol (1 drink) per hour.
- Variables:
* Weight * Food in stomach (type and timing) * Muscle/fat * Gender * Fatigue * State of health * Other drugs
- BAC Chart
- Types & amounts of social costs caused by alcohol abuse
- Alcohol poisoning as a danger
- Alcohol Related Birth Defects.
F. Detection of Intoxication
- Common Indicators
* Bloodshot/unfocused eyes
* Slurred speech
* Smell of alcohol on breath
* Mental confusion
* Impaired motor skills
* Dishevelment
* Impaired balance
* Signs of nausea or loss of bladder/bowel control
- Warning Signs of Illegal Intoxication
* Development of one or more common indicator
* Heated altercations
* Rapid or pronounced changes in mood, behavior or emotional state.
- Mistaking Illness for Intoxication
* Similar symptoms
* Need for prompt, correct action
* Medic - alert jewelry, a warning sign
* Visual representation of medic - alert jewelry
- Atypical Drinkers
* Experience and tolerance may mask intoxication
* Special efforts required to detect intoxication in some very experienced drinkers
- Monitoring Customers
* Count drinks and use BAC Chart
* Interview and rate customers prior to sale. Be alert to and probe for hidden indicators and warning signs.
* Note customer's initial mood and conduct and watch for changes in mood or behavior
* Observe customer interactions
* Reinterview and rerate customers prior to each additional sale.
G. Detection of Minors
- Physical Characteristics Common to Minors
* Signs of underage status
* Lack of physical maturity
* Most minors mature in physical appearance before age 21
- Fads and Fashions in Clothing, Accessories, and Grooming Popular with Minors.
- Behavior Patterns Characteristics of Minors.
- Suspicious behaviors typical of minors attempting an illegal purchase.
* Pooling money and giving it to the oldest appearing member of the group
* Minor waiting in the background away from the point of purchase while adult obtains more than one serving
* Adult making repeated purchase for a young appearing person
- Detecting Invalid ID: Texas ID format
- Fake ID Warning Signs
* Deceptively similar
* Counterfeit
* Altered
* Borrowed/stolen
H. Intervention with Minors
- Proper Demeanor of Seller
- Examination of an identification card
- Removal of Alcoholic Beverages from Minor's Reach or Possession
- Sample Words and Phrases
- Contacting Law Enforcement Authority when Intervention Fails
I. Intervention With Intoxicated Persons
- Proper Demeanor of Seller
- Designated Driver Programs
- Early Intervention Techniques
* Methods of slowing service
* Serving food and alternative beverages
* Warning concerning caffeine products
- Cut - Off Intervention
* Remove alcoholic beverages
* Arrange an immediate safe ride
* Contact police if necessary
- Sample Words and Phrases
- Obligation of seller to inform law enforcement authorities when intervention attempts fail
- Sanctions for employee violations (Chapter 50.9)
J. Trainee Certification
- Sanctions for employee violations
- Term of Certification (2yrs)
- Certification not renewable; must attend class for recertification
K. Trainer Development Program
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Alcohol Seller/Server Courses
