TABC News Blog (not Affiliated with TABC)

Now that the winter break has come to a close, Texas State University college students are back in class and back on The Square - and so is the Texas Alcoholic Beverage Commission (TABC). Our message is: Underage drinkers beware. On Saturday, January 19, 2008, agents and officers from TABC, the Hays County Sheriff’s Office, the San Marcos Police Department and numerous other law enforcement agencies will be conducting “Operation Fake Out” in San Marcos. Operation Fake Out is a cooperative venture involving alcoholic beverage retailers and law enforcement agencies. TABC agents along with other peace officers are stationed just inside the door of participating bars and nightclubs. The doormen stationed outside the door conduct a cursory visual scan of an ID and then pass the customer inside to the waiting police officer. The officer re-checks the ID using a magnetic strip reader and ultraviolet light to detect tell-tale imperfections. If the ID passes that test, the officer closely compares the physical description and picture found on the ID with actual physical appearance of the presenter.

Young people presenting fake, forged, or altered IDs, or IDs that clearly belong to other people, are arrested and charged with the appropriate ID-related offense. State officials may also interview them regarding the source of their ID’s.

The following law enforcement agencies will be participating in this operation:

Austin Police Department - Alcohol Control Team

Hays County District Attorney’s Office

Hays County Sheriff’s Department

San Marcos City Marshal’s Office

San Marcos Police Department

Texas Alcoholic Beverage Commission

Texas Department of Public Safety

Texas State University Police Department

The Hays County Sheriff’s Department Training Office will serve as the command post location during the operation, and Justice of the Peace Pct. # 2, Beth Smith, has agreed to magistrate.

Operation Fake Out is a TABC-sponsored event, taking place primarily in the entertainment districts of most of the state’s major metropolitan areas and around the state’s college campuses. Prior to the start of the operation, TABC agents provide participating law enforcement agencies with special training on the detection of false, fraudulent and altered identification.

Operation Fake Out allows retailers and law enforcement to work together to curb underage drinking. It holds underage drinkers responsible for their illegal acts. Finally, it generates operational intelligence that can help authorities identify and root out those who are endangering our children and undermining national security by flooding the country with high quality fake ID’s.

Texas Alcoholic Beverage Commission
Per Capita Consumption
December, 2007

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Distilled Spirits
Total Tax Collections $5,469,081.00
Total Gallons 2,278,784
Per Capita Consumption 0.0974
Tax Rate Per Gallon $2.40
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Wine
Total Tax Collections $1,014,139.00
Total Gallons(Estimated) 3,812,653
Per Capita Consumption(Estimated) 0.1630
Tax Rate Per Gallon(Estimated) $0.265993
Low Wine $0.204
High Wine $0.408
Sparkling Wine $0.516
————————————————————
Beer
Total Tax Collections $9,030,426.00
Total Gallons 46,657,294
Per Capita Consumption 1.9951
Tax Rate Per Gallon $0.193548
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Ale
Total Tax Collections $612,373.00
Total Gallons 3,092,793
Per Capita Consumption 0.1322
Tax Rate Per Gallon $0.198
————————————————————
Note:
Statistics based on gross tax collections by the Commission
and population estimates are from the Texas Comptroller of
Public Accounts ‘Economic and Population Forecast Summary’.

Estimate of Population: 23,386,278

The Texas Alcoholic Beverage Commission (TABC) will hold a Town Hall Meeting on January 3, 2008, at the Texas Department of Transportation Regional Training Center located at 2501 SW Loop 820 (I-20 & McCart), Fort Worth, Texas, 76133. The meeting will begin at 7:00 p.m.

The TABC works hand in hand with applicants, citizens, and officials to ensure an alcoholic beverage license or permit is issued lawfully and in the best interest of all parties involved.

To enhance the knowledge of the license or permit process, TABC representatives will explain the legal grounds and procedures to protest the issuance of a license or permit. The work of the TABC is not to take sides but to ensure that applicants meet all qualifications required to obtain the license or permit and to protect the safety and welfare of the people of Texas.

View more information about protests below.

Contact: Sergeant Robert Cloud, Fort Worth District Office (817) 451-9466

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WHAT IS A PROTEST?

The Texas Alcoholic Beverage Code (TABC) provides opportunities for citizens and government officials to object to the issuance of a license or permit. The agency calls this process a protest.

The TABC cannot deny a license or permit purely on the basis that a protest has been filed. A protestant must have specific legal grounds to warrant setting a case to be heard before the State Office of Administrative Hearings or the County Judge. The TABC ensures that applicants meet all qualifications to obtain the license or permit, and to protect the health, safety and welfare of the people of the State as outlined in the Alcoholic Beverage Code.

WHAT INFORMATION IS NEEDED?

The protesting party’s petition to the TABC should identify the applicant (by name, trade name, location of premises sought to be licensed, and type of license or permit sought) and request that the license or permit be denied for a stated legal ground, or grounds. For large groups such as neighborhood associations, churches or schools, it is advantageous to select one person as a point of contact. One letter with an attachment of protestant’s names and contact information can be submitted as the protest to the TABC.

The protesting party must attach to the statement or petition specific facts and circumstances that substantiate the legal grounds for refusal of the license or permit.

WHAT ROLE DOES THE TABC PLAY?

TABC’s job is not to take sides but to ensure that applicants meet all qualifications to obtain the license or permit, and to protect the health, safety and welfare of the people of the State as outlined in the Alcoholic Beverage Code. A TABC agent is responsible for investigating the application and information provided and document as much factual information as possible. The agent then forwards the investigation to the TABC Legal Services Division in Austin. If an investigation reveals that legal grounds exist, the Legal Services Division makes the decision to go forward with the protest and schedule a hearing. Sometimes, after the investigation, the agency does not find any grounds for denial. In those cases, the agency attempts to settle the differences, if possible, or may recommend that the protest not go forward and be dismissed for lack of legal grounds.

WHERE, HOW, AND WHEN WILL THE HEARING BE HELD?

The hearing will be held, when possible, as close to the county in which the premises of the business is located. The protesting party will be notified at least ten (10) days in advance of the time and place of the hearing. The hearing will be held according to the rules of the Texas Administrative Procedures Act, (V.T.C.A., Government Code, §2001 et seq.). A copy of the statute is available in your local county law library.

WHO WILL HEAR THE PROTEST?

For a permit, a judge designated by the State Office of Administrative Hearings will inform all parties of the time, date, and location for the hearing. The judge will handle all pre-trial matters, make rulings as necessary and conduct the final hearing on its own merits. Permits allow the sale and service of distilled spirits, wine, beer and ale.

For a license, the county judge of the county in which the license is located, acting as an administrative law judge, will hold the hearing in the same manner as for permits. Licenses allow the sale and service of beer, wine and ale.

IMPORTANT NOTICE DATED 12/19/07:

The next credit law delinquent list will be run on Wednesday, December 19, 2007, with a publication date of Thursday, December 20, 2007. The effective date of the list will be Saturday, December 22, 2007.

The TABC Headquarters will be closing for the holidays promptly at 5pm on Friday, December 21 through Wednesday, December 26.

For that reason, Notices of Payment faxed or emailed to our office after 4:00 p.m. on Friday, December 21, 2007 will not be processed until Thursday, December 27, 2007.

Please be advised that retailers who are still on the delinquent list as of 5:00 p.m. on December 21st will not be released from the list until December 27. They will not be able to purchase alcoholic beverages during that time.

The Marketing Practice Bulletin 025 addressing the Retail Sale of Liquor Co-Packs is now available on the web at http://www.tabc.state.tx.us/enforce/MPBull.htm.
In an effort to enhance Industry communication, we are asking that you please review and share this information with your Staff, Clients and/or Association Members.

If you should have any questions regarding this Bulletin, please do not hesitate to contact me.

Dexter K. Jones
Director of Marketing Practices
512-206-3411 (voice)
512-206-3203 (fax)

AUSTIN?Here comes Santa Claus?and jolly good times with family, friends and parties. Yet, in the blink of an eye, the mood can turn from magic to tragic when underage kids and alcohol mix. During this holiday season, the Texas Alcoholic Beverage Commission wants to remind the public of underage drinking laws and ways to help reduce or prevent the dangerous consequences of underage drinking.

“I want everyone to have a happy holiday but want to caution adults about providing, furnishing or selling alcohol to minors. It’s against the law to give alcohol to anyone under 21 (other than your child)?even in your own residence, even with their parent’s permission,” says TABC Administrator Alan Steen.

Maximum criminal penalties for violators include up to a $4,000 fine, up to one year in jail and an automatic suspension of your driver’s license for six months upon conviction.

And the consequences don’t stop there. Adults can be civilly liable for damages caused by an intoxicated minor younger than 18 if the adult knowingly provided the alcohol or allowed the minor to be served alcohol on property owned or leased by the adult, and the minor, in turn, hurt someone, hurt themselves or damaged property.

“Don’t risk turning your home into a crime scene by providing alcohol to minors. Most importantly, don’t risk the safety and well-being of your children and your community,” Steen continues. “I want to encourage parents never to underestimate the difference you can make-the impact you may have-and the lives you may be saving.”

Studies show parents remain the number one deterrent to underage drinking, and communication is the key to prevention. Parents can take action to prevent underage drinking by:

· talking to their kids about the consequences of alcohol (legal, health, personal);
· setting clear expectations with their kids that they may not drink under the age of 21 and must obey the law;
· hosting alcohol-free parties or activities;
· getting involved in their child’s activities, meeting their friends, knowing their plans and checking on them;
· meeting the parents of their kid’s friends and exchanging phone numbers; · refusing to supply alcohol to youth;
· setting a good example (don’t drink and drive);
· knowing the signs of alcohol use;
· teaching their kids never to get into a car with someone who has been drinking.
Contact: Debbie Dixon, Director, Education and Prevention Department, (512) 206-3291

Texas Alcoholic Beverage Commission
Per Capita Consumption
November, 2007

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Distilled Spirits
Total Tax Collections $5,259,161.00
Total Gallons 2,191,317
Per Capita Consumption 0.0937
Tax Rate Per Gallon $2.40
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Wine
Total Tax Collections $944,663.00
Total Gallons(Estimated) 3,699,005
Per Capita Consumption(Estimated) 0.1582
Tax Rate Per Gallon(Estimated) $0.255383
Low Wine $0.204
High Wine $0.408
Sparkling Wine $0.516
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Beer
Total Tax Collections $9,360,541.00
Total Gallons 48,362,892
Per Capita Consumption 2.0680
Tax Rate Per Gallon $0.193548
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Ale
Total Tax Collections $614,343.00
Total Gallons 3,102,742
Per Capita Consumption 0.1327
Tax Rate Per Gallon $0.198
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Note:
Statistics based on gross tax collections by the Commission
and population estimates are from the Texas Comptroller of
Public Accounts ‘Economic and Population Forecast Summary’.

Estimate of Population: 23,386,278

CLEAR LAKE - On Saturday, December 8, the Bay Area Council on Drugs and Alcohol (BACODA) will host a Healing Field(r) event in Houston to draw awareness to the 1,677 Texas alcohol-related traffic fatalities in 2006. Opening ceremonies begin at 10 a.m. and activities are planned throughout the day.

“We want this event to raise awareness of the enormity of the problem. Awareness builds strength in a community ? a strength that can bring about social change,” said Karen Van Horne, CEO of the Bay Area Council on Drugs and Alcohol.

A 3 x 5-foot American flag will stand as a memorial for each life lost last year. The acres of red, white and blue will serve as a visual reminder of the deadly consequences of drinking and driving.

“These tragedies are preventable through communication, education and action. More than 1,600 lives were lost in 2006 to drunk driving in Texas and countless families and friends have been impacted for life?it doesn’t have to be this way. By joining forces with community organizations and leadership, such as BACODA, we can make a difference. I applaud their leadership and initiative in tackling this problem,” said Alan Steen, administrator of the Texas Alcoholic Beverage Commission.

The Bay Area Council on Drugs and Alcohol sponsors this free event in partnership with the Texas Alcoholic Beverage Commission, Texas Department of Transportation, Department of State Health Services, Sam Houston Area Council-Boy Scouts of America, Houston-Galveston Area Council and Texas National Guard. Attendees will be able to participate in family-oriented prevention activities, purchase memorial flags, and, most importantly ? people can pledge to end the unacceptable and preventable tragedies caused by drinking and driving.

Rain or shine, the event will be held in Houston at Tom Bass Park, 3452 Fellows Rd., located outside the South Sam Houston Tollway (Beltway between Hwy 288 and Cullen Blvd.

The Healing Field(r) started as a temporary, visual memorial for the victims of Sept. 11, 2001, and has evolved into commemorative events for other causes. BACODA helps individuals, families and communities stop alcohol and drug abuse through awareness, education, intervention and referral. The nonprofit organization works with schools in Brazoria, Matagorda, Galveston and southeast Harris counties.

For more information about BACODA and the Houston Healing Field(r) event please contact the BACODA office at 281.212.2900 or visit www.bacoda.org.

CONTACT: Karen Van Horne at (281) 212-2900

The media, the alcoholic beverage industry, and the general public are cordially invited to attend a reception honoring Sonja Pendergast, the newly-appointed Region 2 Captain of the Texas Alcoholic Beverage Commission (TABC).

Monday, November 26, 2007
2:00 p.m.
Gregg County Commissioner’s Court
Gregg County Courthouse
101 E. Methvin, Suite 300
Longview, Texas

Region 2 includes the Dallas, Fort Worth, Longview and surrounding areas.

Sonja Pendergast began her career with TABC in 1986. During her tenure with the agency, she has been stationed in the Victoria, Fort Worth, Dallas, and Houston offices. Captain Pendergast holds a Master Peace Officer Certificate from the Texas Commission on Law Enforcement Officer Standards and Education. She serves in various law enforcement and community organizations.

Created in 1935, the TABC is the state agency responsible for regulating and supervising all aspects of the alcoholic beverage industry in Texas. To report a violation of the Alcoholic Beverage Code, call toll free 1-888-THE-TABC.

Contact: Lt. Gene Anderson (903) 759-7828

Texas Alcoholic Beverage Commission
Per Capita Consumption
October, 2007

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Distilled Spirits
Total Tax Collections $4,350,154.00
Total Gallons 1,812,564
Per Capita Consumption 0.0775
Tax Rate Per Gallon $2.40
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Wine
Total Tax Collections $729,983.00
Total Gallons(Estimated) 2,910,827
Per Capita Consumption(Estimated) 0.1245
Tax Rate Per Gallon(Estimated) $0.250782
Low Wine $0.204
High Wine $0.408
Sparkling Wine $0.516
————————————————————
Beer
Total Tax Collections $8,080,556.00
Total Gallons 41,749,623
Per Capita Consumption 1.7852
Tax Rate Per Gallon $0.193548
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Ale
Total Tax Collections $536,730.00
Total Gallons 2,710,758
Per Capita Consumption 0.1159
Tax Rate Per Gallon $0.198
————————————————————
Note:
Statistics based on gross tax collections by the Commission
and population estimates are from the Texas Comptroller of
Public Accounts ‘Economic and Population Forecast Summary’.

Estimate of Population: 23,386,278