TABC Violations

Our liquor lawyers regularly represent hospitality industry businesses throughout Texas, and we’re able to get the best results for our clients because we’re intimately familiar with the Texas Alcoholic Beverage Code, TABC’s Rules, and the overall violation appeal process. TABC violations are not only costly, but can also can put a business’ TABC permit in jeopardy. TABC Rule §34.20(a) requires that the Safe Harbor Defense be asserted within 10 days of receiving a Notice of Violation from the TABC. Successfully asserting this defense ensures violations for sale to intoxicated persons, sale to minors, permitting a minor to consume and sale to a non-member (for private club permit holders) are restrained, meaning there is no suspension or penalty and the violation is not attributable to the permit holder business. 

Also, violations settled with the TABC can affect a parallel civil suit in the event the business is sued under the Texas Dram Shop Act. Businesses can, and oftentimes should, contest violations alleged by TABC. Many times TABC violations are dismissed even before being set for hearing with the State Office Of Administrative Hearings (SOAH).

Common TABC Violations Include: 

  • Sale to Intoxicated Persons
  • Sale to Minor
  • Subterfuge
  • Sale During Prohibited Hours
  • Intoxicated Permittee/Employee
  • Inspection Refusal
  • Failure to Report a Breach of the Peace
  • Failure to Prevent a Breach of the Peace

Deciding Whether to Settle or Request a Hearing 

Our TABC law attorneys know exactly how to evaluate a violation by the TABC and determine the likelihood of either getting the violation dismissed or prevailing at a hearing. We are among the best qualified attorneys in Texas at representing businesses as it relates to TABC violations. First, we try to get the TABC to dismiss violations informally. If that is unsuccessful, we will either proceed to hearing and advocate on your behalf, or help you determine the best settlement options for your business.

Contact us today for any of your TABC violation needs.

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