TABC TODAY 2004 Neon Fall04

User Manual: 2004 Neon

Open the PDF directly: View PDF PDF.
Page Count: 8

TT
TT
To help the public and industry stay informedo help the public and industry stay informed
o help the public and industry stay informedo help the public and industry stay informed
o help the public and industry stay informed
on the quickly changing status of local optionon the quickly changing status of local option
on the quickly changing status of local optionon the quickly changing status of local option
on the quickly changing status of local option
election results, election results,
election results, election results,
election results, the Texas Alcoholic Beverage
Commission has added a new web page to its web site.
To access the list of local option petitions and
election results by county, go to the TABC home page
at www.tabc.state.tx.us and click on the “Local Option
Elections” icon.
NEW LAW IMPACT
A new law passed last year
making it easier than ever for
a community to “go wet” or
legalize the sale of alcoholic
beverages. Requirements for
holding elections to vote on
the wet/dry status of a com-
munity were relaxed, resulting
in a surge of statewide local
option elections.
Before September 1, 2003,
the law stated an election
could not be held until 35
percent of all registered voters
signed a petition—and the
signatures had to be collected
within 30 days. The new law
extends the period to 60 days.
On certain ballot issues, the new law also reduces
the number of signatures required to 35 percent of the
people who voted in the last gubernatorial election.
Having more time to recruit a smaller number of
supporters has encouraged many groups to start petition
drives. Many have already succeeded in legalizing the
sale of certain types of alcoholic beverages in their
community. Additionally, cities located in multiple
counties can now hold local option elections.
WHAT IS A LOCAL OPTION ELECTION?
Those familiar with the Texas alcoholic beverage
industry know the voters in the counties, cities, and
individual judicial precincts have local control over
what types of alcoholic beverages can be legally sold.
TABC TODAY
TABC
P.O. Box 13127
Austin, Texas 78711
Tel: 512.206.3333
www.tabc.state.tx.us
Serving the State of Texas Since 1935 . . .
with Courtesy, Integrity, Service
INSIDE
Administrator’s 2
Corner
Marketing
Practices
Bulletins 2
Enforcement 3
Division
Reorganization
Strategic Plan 3
Smith County 4
Sheriff Wins 2004
Bert Ford Award
After-Hour Sales 4
Don’t Gamble 5
Your Permit Away
Technology 5
Transformation
On Target
Youth Attend 5
Power Camp
Seller Training 6
Certification
Seller Training 6
News Conferences
Seller Training 6
Seminars
EUDL Grants 7
Awarded
Upcoming 7
Commission
Meetings
Grant Recipient 7
Targets Parents
You Asked 8
TABC TODAY
Summer/FallSummer/Fall
Summer/FallSummer/Fall
Summer/Fall 2004 2004
2004 2004
2004
A community can be totally dry meaning the sale of
any type of alcoholic beverage is illegal. Currently,
Texas has 49 totally dry counties.
Local option elections give citizens the opportunity
to decide if alcoholic beverages should or should not
be sold in their communities. Communities can legalize
a wide range of options such as only beer only for off-
premises consumption; or beer, wine and distilled spirits
for on- or off-premises
consumption; and nearly
anything in between.
RECENT ELECTION RESULTS
Of the 82 issues voted
on between September
2003 and September 2004,
13 have failed. However,
the cities of Lockhart and
Conroe were the only two
communities to become
entirely “wet,” legalizing the
sale of all alcoholic bever-
ages for on- or off-premises
consumption.
Thirty-two communities
legalized the sale of alco-
holic beverages only in
restaurants with food and
beverage certificates, and
27 communities legalized the sale of beer and wine for
off-premises consumption. Four legalized beer and
wine, three legalized all alcoholic beverages only for
off-premises consumption and one legalized beer only
for off-premises consumption.
QUESTIONS?
For information about specific election procedures,
contact the Texas Secretary of State’s Office or visit their
web site at www.sos.state.tx.us/elections/laws/
liquorelections.shtml
For questions on licensing, protests or related issues,
contact your local TABC district office. Find your local
office phone number and address on our web site at
http://www.tabc.state.tx.us/contact/default.htm
New web page lists election status by county
TABC KEEPS TABS ON LATEST
LOCAL OPTION ELECTION RESULTS
TT
TT
TABC expects a surge of up toABC expects a surge of up to
ABC expects a surge of up toABC expects a surge of up to
ABC expects a surge of up to
five percent of new licensed re-five percent of new licensed re-
five percent of new licensed re-five percent of new licensed re-
five percent of new licensed re-
tailers through fiscal year 2005.tailers through fiscal year 2005.
tailers through fiscal year 2005.tailers through fiscal year 2005.
tailers through fiscal year 2005.
ThereafterThereafter
ThereafterThereafter
Thereafter, T, T
, T, T
, TABC projectionsABC projections
ABC projectionsABC projections
ABC projections
call for a steady decline in newcall for a steady decline in new
call for a steady decline in newcall for a steady decline in new
call for a steady decline in new
elections and an increase inelections and an increase in
elections and an increase inelections and an increase in
elections and an increase in
business failures.business failures.
business failures.business failures.
business failures.
The increase in business fail-The increase in business fail-
The increase in business fail-The increase in business fail-
The increase in business fail-
ures should partially offset theures should partially offset the
ures should partially offset theures should partially offset the
ures should partially offset the
previous increase in licensedprevious increase in licensed
previous increase in licensedprevious increase in licensed
previous increase in licensed
premises, limiting real growthpremises, limiting real growth
premises, limiting real growthpremises, limiting real growth
premises, limiting real growth
during the five-year period toduring the five-year period to
during the five-year period toduring the five-year period to
during the five-year period to
approximately three percent.approximately three percent.
approximately three percent.approximately three percent.
approximately three percent.
--
--
-TT
TT
TABC Strategic Plan 2005-2009ABC Strategic Plan 2005-2009
ABC Strategic Plan 2005-2009ABC Strategic Plan 2005-2009
ABC Strategic Plan 2005-2009
p
TT
TT
TABC TABC T
ABC TABC T
ABC TODOD
ODOD
ODAA
AA
AYY
YY
YSummer/FSummer/F
Summer/FSummer/F
Summer/Fallall
allall
all
2004 2004
2004 2004
2004
PP
PP
Page 2age 2
age 2age 2
age 2
designed to clarify these issues was to publish
a Marketing Practices Bulletin that presents
questions about interpretations of the law
and decisions made by the agency.
Currently, we release these issues-based
bulletins to our field staff across the state,
and then within a few days, they’re released
to the public. Soon these bulletins will be
posted on the agency web site in a searchable
format to make it even easier for our
customers to find the answers they need.
Marketing Practices sends bulletins by e-
mail and regular mail. If you’d like to receive
them, please contact Dexter Jones at
dexter.jones@tabc.state.tx.us or call 512-
206-3411.
As the agency becomes even more focused
on being a good neighbor, I expect better
AA
AA
ADMINISTRDMINISTR
DMINISTRDMINISTR
DMINISTRAA
AA
ATORTOR
TORTOR
TOR
SS
SS
S
CC
CC
CORNERORNER
ORNERORNER
ORNER
During the past yearDuring the past year
During the past yearDuring the past year
During the past year, I’ve made, I’ve made
, I’ve made, I’ve made
, I’ve made
several organizational changes toseveral organizational changes to
several organizational changes toseveral organizational changes to
several organizational changes to
ensure the consistency of law inter-ensure the consistency of law inter-
ensure the consistency of law inter-ensure the consistency of law inter-
ensure the consistency of law inter-
pretation and enforcement, improvepretation and enforcement, improve
pretation and enforcement, improvepretation and enforcement, improve
pretation and enforcement, improve
communications, and provide first-communications, and provide first-
communications, and provide first-communications, and provide first-
communications, and provide first-
rate customer service.rate customer service.
rate customer service.rate customer service.
rate customer service.
To further these goals, I recently transferred
the marketing practice function from
Enforcement Division to the Executive Office.
I’d like to share my vision of this change
and discuss its impact on the industry.
Since I’ve been at TABC, I’ve been looking
for ways to be more proactive in the work
we do with the industry. I needed a structure
in this area that would provide me with a
more direct line of communication with my
staff and industry. The first step in that
direction involved moving the Marketing
Practices Section under my supervision.
This organizational structure allows me
to be more involved and responsive when
faced with important issues that come to the
commission for consideration. Also, this will
give me a greater understanding of industry-
wide initiatives as opposed to individual
company needs.
Another reason I made this move was to
distinguish between interpreting and
enforcing the law. One of the first initiatives
To improve internalo improve internal
o improve internalo improve internal
o improve internal
and external com-and external com-
and external com-and external com-
and external com-
munications, newmunications, new
munications, newmunications, new
munications, new
Marketing PracticesMarketing Practices
Marketing PracticesMarketing Practices
Marketing Practices
coordinatorcoordinator
coordinatorcoordinator
coordinator, ,
, ,
, DexterDexter
DexterDexter
Dexter
Jones, beganJones, began
Jones, beganJones, began
Jones, began
pubpub
pubpub
pub--
--
-
lishinglishing
lishinglishing
lishing
bulletins tobulletins to
bulletins tobulletins to
bulletins to
clarify marketing isclarify marketing is
clarify marketing isclarify marketing is
clarify marketing is--
--
-
sues.sues.
sues.sues.
sues.
Marketing Practices policies and issues
are presented and explained in these
bulletins. These clarifications ensure a
more consistent application of the law
across the state.
The bulletins are distributed to TABC
personnel and public subscribers by e-
mail or regular mail.
If you want to subscribe, contact
Dexter Jones at 512-206-3411 or
dexter.jones@tabc.state.tx.us
communications and faster action for issue
resolution. I want folks to be comfortable
coming to us for help, and I expect our staff
to provide first-rate customer assistance.
I’m determined this agency will provide
clear, accurate and timely information in all
areas—not just Marketing Practices. I’ll
continue my commitment to explore innovative
ways to improve communications with the
people we regulate. Good communications
leads to greater consistency in how laws are
interpreted and enforced across the state.
The great state of Texas is growing faster
than anyone can keep up–but we’re excited
about the pace and eagerly look forward to
the future, the challenges and the inherent
rewards they will bring to all of us.
MARKETING PRACTICES BULLETINS TELL IT LIKE IT IS
p
BULLETIN SUMMARIES BY ISSUE NUMBER
MPB001MPB001
MPB001MPB001
MPB001. After a local option election, beer distributors may give neon signs to retailers about
to be engaged in brewery products the same way as distributors give signs to licensed retailers.
However, beer distributors may not provide advertisement that would benefit a specific retailer,
such as outdoor unbranded signs that state: “Beer Coming Soon.”
MPB002MPB002
MPB002MPB002
MPB002. Texas wineries may offer wine samplings on the premises of retail accounts authorized
to sell that product. Such samplings must be independent of the retailer and must be administered in
its entirety by the holder of a Winery Permit and/or their employees.
MPB003MPB003
MPB003MPB003
MPB003. In the past, TABC allowed beer manufacturers to furnish and install CO2 filters on beer
dispensing lines in retail accounts. Upon reconsideration, TABC ruled the CO2 filter was equipment
not necessary for the proper dispensing of malt beverages. Therefore, the filter could not be sold,
loaned or given to the retailer by the manufacturer. Subsequently, the original decision was reversed.
MPB004. MPB004.
MPB004. MPB004.
MPB004. TABC provided a guideline detailing the correct method to measure distance between a
billboard or electric sign and licensed premises. The correct method shall be to measure in a direct
line from the base of the billboard or electric sign to the nearest physical structure (edge of building)
of the licensed premises.
MPB005. MPB005.
MPB005. MPB005.
MPB005. With regard to Rule 50.10 (d)(2), all other things being equal, a retailer’s seller-server
policies and procedures that appear on a computerized cash register, in view of the sales clerk every
time an alcohol sale is attempted, will be given the same consideration as the policies and procedures
displayed on the wall in a prominent location within the licensed establishment. p
p
“I’m determined this
agency will provide con-
sistent, accurate and
timely information in all
areas. With improved
communications comes
faster issue resolution.”
- Alan Steen, TABC Administrator
Dexter Jones
Summer/FSummer/F
Summer/FSummer/F
Summer/Fallall
allall
all
2004 2004
2004 2004
2004 TT
TT
TABC TABC T
ABC TABC T
ABC TODOD
ODOD
ODAA
AA
AYY
YY
Y
PP
PP
Page 3age 3
age 3age 3
age 3
ENFORCEMENT REORGANIZATION
TO IMPROVE CUSTOMER SERVICE
Recently, Administrator Alan Steen
reorganized the Enforcement Division
in Headquarters to build a stronger support
network across the state that will provide
improved communications and customer
service to our field staff, industry and general
public. The new structure maximizes
resources and enables staff to develop
critical program areas.
An important part of the reorganization
involved building a top team of highly skilled
and experienced staff who will lead the
agency’s efforts to consistently enforce the
law, and to build community partnerships
that prevent underage drinking, promote the
benefits of seller training, and decrease sales
to intoxicated people.
“Everyone answers questions, reviews
work, answers the phones, and generally
keeps the division moving in a forward
direction with ‘communication’ being the
main goal,” said Chief of Enforcement Sam
Smelser. “Any member of the team can
answer questions and assist with any task
assigned to our Enforcement Division.”
Enforcement Headquarters
Management Team
GLENDA BAKER,,
,,
, former major of the
Conroe Region, assumed duties as assistant
chief to manage headquarters operations
last April. Chief Baker coordinates tasks
requiring the cooperation of other divisions
and oversees licensing standards in-
vestigations, enforcement budget and
division staffing patterns.
A TABC employee for nearly 26 years,
Chief Baker began her career as a temporary
clerk and later became an enforcement
agent. She worked her way up the ranks to
become one of the first regional supervisors
and has also served as acting chief of
Enforcement.
She’s received numerous awards and
recognition for her work, including the
prestigious Leadership Award from the
International Association of Women Police.
Chief Baker is a member of the Texas
Peace Officers Association, the Texas
Municipal Police Association, and the South
Texas Association of Women in Law En-
forcement.
ROD VENNER,,
,,
, former lieutenant at the El
Paso District Office, joined the Enforcement
Headquarters staff in May as a deputy
assistant chief. Venner manages field
operations, including review of work product,
equipment use and issuance, accident review
and training issues.
Before joining the agency more than 16
years ago, Venner earned his bachelor’s
degree in criminal justice. During his career
with TABC, he has served in the Houston,
Lubbock, Amarillo and El Paso district offices.
“Rod is a team player who is always
seeking out partnerships with other agencies
that can be beneficial to us,” said Chief Sam
Smelser.
JOEL MORENO,,
,,
, former captain of the
Odessa Regional Office, was promoted to
deputy assistant chief. His new duties include
the oversight of existing grant programs,
applications for new grants, and im-
plementation and monitoring of prevention
programs.
Moreno began his career with the agency
20 years ago after earning his bachelor’s
degree in criminal justice. During his career,
he has served in the McAllen, Houston, and
Corpus Christi district offices and Odessa
Regional Office.
“In addition to his regular duties, Joel has
been instrumental in presenting and
promoting our Shattered Dreams and Project
S.A.V.E. projects,” said Chief Smelser.
Top team bridges communication gap between staff and stakeholders
p
Now on agency web site
Strategic Plan Meets
Public/Staff Needs
Before submitting the TABC Strategic
Plan for fiscal years 2005-2009 to the
Legislative Budget Board and the Gov-
ernor’s Office in July, the agency sought
input from staff and stakeholders from
across the state.
Based on comments and suggestions
received, limiting external factors, and
existing objectives, the agency developed
strategic management goals.
2005-2009 STRATEGIC GOALS
To ensure efficiencies and streamlining
are identified and implemented where
possible as the agency moves through
its licensing technology transformation,
while pursuing legislative changes to
eliminate impediments.
To focus enforcement programs on
identifying retailers who sell to intoxi-
cated persons and minors.
To continue to encourage retailers to
take advantage of seller-training
benefits.
To continue to focus educational efforts
that will have the most immediate effect
for members of the alcoholic beverage
industry, school-aged children and
college-aged adults.
To stay current in the methods of oper-
ation among upper tiers of industry.
To strengthen partnerships with coali-
tions, groups, and industry members
that will raise awareness in issues
regarding the sale of alcoholic bever-
ages to minors and intoxicated persons.
To focus on training new and current
staff as part of succession planning to
compensate for the loss of institutional
knowledge.
To continue expanding efforts in
effective internal and external com-
munication.
To ensure agency employees receive
fair pay, as available, based on respon-
sibilities.
To review the Strategic Plan, go to the
agency’s web site at www.tabc.state.tx.us/
publications/default.htm p
CLIP AND SAVE
CONTACT INFORMATION
Chief Sam SmelserChief Sam Smelser
Chief Sam SmelserChief Sam Smelser
Chief Sam Smelser 512-206-3401512-206-3401
512-206-3401512-206-3401
512-206-3401
james.smelser@tabc.state.tx.usjames.smelser@tabc.state.tx.us
james.smelser@tabc.state.tx.usjames.smelser@tabc.state.tx.us
james.smelser@tabc.state.tx.us
Chief Glenda BakerChief Glenda Baker
Chief Glenda BakerChief Glenda Baker
Chief Glenda Baker 512-206-3402512-206-3402
512-206-3402512-206-3402
512-206-3402
glenda.baker@tabc.state.tx.usglenda.baker@tabc.state.tx.us
glenda.baker@tabc.state.tx.usglenda.baker@tabc.state.tx.us
glenda.baker@tabc.state.tx.us
DD
DD
DEPEP
EPEP
EP A A
A A
A
SSTSST
SSTSST
SST C C
C C
C
HIEFHIEF
HIEFHIEF
HIEF R R
R R
R
ODOD
ODOD
OD V V
V V
V
ENNERENNER
ENNERENNER
ENNER 512-206-3427512-206-3427
512-206-3427512-206-3427
512-206-3427
rod.venner@tabc.state.tx.usrod.venner@tabc.state.tx.us
rod.venner@tabc.state.tx.usrod.venner@tabc.state.tx.us
rod.venner@tabc.state.tx.us
DD
DD
DEPEP
EPEP
EP A A
A A
A
SSTSST
SSTSST
SST C C
C C
C
HIEFHIEF
HIEFHIEF
HIEF J J
J J
J
OELOEL
OELOEL
OEL M M
M M
M
ORENOORENO
ORENOORENO
ORENO 512-206-3426512-206-3426
512-206-3426512-206-3426
512-206-3426
joel.moreno@tabc.state.tx.usjoel.moreno@tabc.state.tx.us
joel.moreno@tabc.state.tx.usjoel.moreno@tabc.state.tx.us
joel.moreno@tabc.state.tx.us
MM
MM
MAINAIN
AINAIN
AIN N N
N N
N
UMBERUMBER
UMBERUMBER
UMBER 512-206-3400512-206-3400
512-206-3400512-206-3400
512-206-3400
Were patrons intoxicated?
Was the establishment profiting from
the activities?
Although this list is not exhaustive, we
will take these circumstances into consider-
ation when determining appropriate civil
penalties.
Please help keep our communities safe.
For more information on authorized service
hours and the Standard Penalty Chart, re-
fer to the Alcoholic Beverage Retailer’s
Guide available on the TABC web site at
www.tabc.state.tx.us
TT
TT
TABC TABC T
ABC TABC T
ABC TODOD
ODOD
ODAA
AA
AYY
YY
YSummer/FSummer/F
Summer/FSummer/F
Summer/Fallall
allall
all
2004 2004
2004 2004
2004
SMITH COUNTY SHERIFF WINS 2004 BERT FORD AWARD
The sale and/or consumption of
alcoholic beverages at licensed
premises during prohibited hours have
become significant issues for TABC. These
actions can be detrimental to community
safety, as evidenced by the recent death of a
Houston fire fighter in an early morning fire
on a licensed premises.
For this reason, we want to remind
permittees that the agency is authorized to
review the circumstances of each law
violation and take appropriate action, up
to and including cancellation—even on a
In JulyIn July
In JulyIn July
In July, T, T
, T, T
, TABC awarded SmithABC awarded Smith
ABC awarded SmithABC awarded Smith
ABC awarded Smith
County Sheriff JCounty Sheriff J
County Sheriff JCounty Sheriff J
County Sheriff J. B. B
. B. B
. B. Smith with. Smith with
. Smith with. Smith with
. Smith with
the 2004 Bert Fthe 2004 Bert F
the 2004 Bert Fthe 2004 Bert F
the 2004 Bert Ford Sherifford Sheriff
ord Sherifford Sheriff
ord Sheriff’s’s
’s’s
’s
Commendation. TCommendation. T
Commendation. TCommendation. T
Commendation. TABC Chief ofABC Chief of
ABC Chief ofABC Chief of
ABC Chief of
Enforcement Sam Smelser pre-Enforcement Sam Smelser pre-
Enforcement Sam Smelser pre-Enforcement Sam Smelser pre-
Enforcement Sam Smelser pre-
sented the award at the Tsented the award at the T
sented the award at the Tsented the award at the T
sented the award at the Texasexas
exasexas
exas
SheriffSheriff
SheriffSheriff
Sheriff’s Association Annual’s Association Annual
’s Association Annual’s Association Annual
’s Association Annual
Conference in WConference in W
Conference in WConference in W
Conference in Wichita Fichita F
ichita Fichita F
ichita Falls.alls.
alls.alls.
alls.
“Sheriff Smith is a dedicated law
enforcement officer who can be counted on
to help in any way possible. He constantly
strives to bring the law enforcement
community together, making sure all the
resources in the area are put to good use,”
said Debra Jones, acting captain of TABC
East Texas Region.
“His leadership and“His leadership and
“His leadership and“His leadership and
“His leadership and
cooperation arecooperation are
cooperation arecooperation are
cooperation are
precisely the qualitiesprecisely the qualities
precisely the qualitiesprecisely the qualities
precisely the qualities
for which thisfor which this
for which thisfor which this
for which this
commendation wascommendation was
commendation wascommendation was
commendation was
intended.”intended.”
intended.”intended.”
intended.”
Debra Jones, acting captain
of TABC East Texas Region
Sheriff Smith took office in January 1977
and is in his sixth term. He is a graduate of
the National FBI Academy, Tyler Junior
College, and the University of Texas where
he earned a bachelor of science in criminal
justice. Sheriff Smith serves as chairman of
the East Texas Drug Enforcement Task Force,
and chairman and co-founder of the
Northeast Texas Sheriff’s Association. He has
been president of the Smith County Peace
Officer’s Association and currently serves on
the board of directors as immediate past
president of the Sheriff’s Association of Texas.
He is recognized for his support and
cooperation with all law enforcement
agencies. “Sheriff Smith is always willing to
assist us with public forums, special event
operations, county office space and personnel.
I have never been refused a request from
Sheriff Smith,” said TABC Lieutenant Trey Rusk
of the Longview District Office.
The Bert Ford Commendation recipient
receives a handgun suitable for routine
duties and a specially designed plaque. In
addition, Sheriff Smith’s name will be added
to a plaque that identifies each Bert Ford
Commendation recipient. The plaque will
be displayed at the Sheriff’s Association of
Texas headquarters.
TABC Chief of Enforcement Sam Smelser (second from right) presents Smith County Sheriff J. B.
Smith with the 2004 Bert Ford Sheriff’s Commendation for outstanding leadership in law enforce-
ment. TABC Assistant Chief of Enforcement Glenda Baker (left) and TABC Agent Kenneth Tullos
from Tyler (right) join in the presentation.
p
PP
PP
Page 4age 4
age 4age 4
age 4
first offense. TABC Administrative Rule
37.60(F) authorizes this deviation from the
Standard Penalty Chart.
When preparing an administrative case
with this type of violation, TABC will consider
these situations:
What time was the violation? Was it
2:16 A.M. or 4 A.M.?
How many people were involved? Was
it just the cleaning crew or was the bar
full of people?
Have there been previous violations?
Were minors involved?
AGENCY CRACKS DOWN ON AFTER-HOURS SALES
p
PP
PP
Page 5age 5
age 5age 5
age 5
Summer/FSummer/F
Summer/FSummer/F
Summer/Fallall
allall
all
2004 2004
2004 2004
2004 TT
TT
TABC TABC T
ABC TABC T
ABC TODOD
ODOD
ODAA
AA
AYY
YY
Y
WW
WW
Watching celebrities bet thousands
of dollars on television is thrilling;
especially when the viewer knows what hand
the other players have. Eight-liner machines
bring a Las Vegas style of gambling to those
who are not card sharks.
The popularity of games such as Texas
Hold’em and eight-liner machines present
a common question, “Can I hold a poker
tournament or have eight-liners on my li-
censed premises?”
It is illegal to gamble in the state of Texas.
Section 47.02(3) of the Texas Penal Code
states that a person commits an offense if
he or she plays and bets money or anything
of value at any game played with cards,
dice, balls or other gambling device. Crimi-
nal charges can be filed against a person
found gambling, and he or she may be fined
up to $500.
This statute is designed to prohibit orga-
nized gambling but would not prevent people
from having a poker game at their house or
DONT GAMBLE
YOUR PERMIT AWAY
betting with a golf partner.
According to the Texas Alcoholic Bev-
erage Commission Administrative Rules,
gambling on a licensed premises is a
“place or manner of operation” violation.
If a permit holder violates the gambling
statute or allows someone to gamble on
the premises, then their permit or license
may be suspended or cancelled.
Possession of eight-liner machines or
sponsoring a poker tournament on your li-
censed premises is not by itself illegal. The
way the games are played and what benefit
the player receives from playing the game is
what determines if it is illegal gambling or
not. There are several ways that these games
can be played lawfully.
If you are planning on holding a poker
tournament or have eight-liners in your busi-
ness, contact the District Attorney’s Office
in your area to ensure these games can be
played in a legal manner.
p
LL
LL
Last spring, the agencyast spring, the agency
ast spring, the agencyast spring, the agency
ast spring, the agency began a began a
began a began a
began a
multiphase technology transformultiphase technology transfor
multiphase technology transformultiphase technology transfor
multiphase technology transfor--
--
-
mation to update its decades-oldmation to update its decades-old
mation to update its decades-oldmation to update its decades-old
mation to update its decades-old
mainframe and applications databasemainframe and applications database
mainframe and applications databasemainframe and applications database
mainframe and applications database
systems to a modern enterprise environment.
The new web-based system enhances the
agency’s ability to develop customer-friendly
enhancements, such as faster processing of
renewal applications. As a result, TABC can
participate in more of the e-commerce
initiatives of state government.
The agency plans to implement other
technology solutions designed to increase
employee productivity by reducing paper
processing work loads. One of the most notable
solutions will be the use of document imaging
and retrieval technology. Imaging technology
will store and retrieve paper documents into
the new licensing regulatory system.
TECHNOLOGY TRANSFORMATION ON TARGET
p
The five-phase technology transformation
project should be completely operational by
July 2005. The first three phases (scheduled
for completion January 2005) include the
transfer of existing regulatory application
systems from the mainframe to new server
technology. Phase four, scheduled for
completion March 2005, will allow more
public inquiry through the agency web site
into the status of licensing applications and
renewals, certifications, and label approvals.
The last phase involves setting up document
imaging interfaces within the new system.
For more information on the technology
transformation project, contact Director of
Information Resources Garry Sitz at 512-
206-3454 or garry.sitz@tabc.state.tx.us
p
YOUTH ATTEND TABC/
MADD POWER CAMP
Most kids go to summer camp to be
entertained. Some go to learn important
life skills that may save lives—such as
preventing drug and alcohol use.
Each summer, Mothers Against Drunk
Drivers (MADD) and TABC operate Youth
Leadership Power Camps that teach young
leaders how to make a difference in their
communities’ fight against underage
drinking and drug abuse.
The PThe P
The PThe P
The Power Camp is aower Camp is a
ower Camp is aower Camp is a
ower Camp is a
place where studentsplace where students
place where studentsplace where students
place where students
build communitybuild community
build communitybuild community
build community
leadership abilities andleadership abilities and
leadership abilities andleadership abilities and
leadership abilities and
learn how to implementlearn how to implement
learn how to implementlearn how to implement
learn how to implement
them in theirthem in their
them in theirthem in their
them in their
communities and, morecommunities and, more
communities and, morecommunities and, more
communities and, more
importantlyimportantly
importantlyimportantly
importantly, in a peer, in a peer
, in a peer, in a peer
, in a peer
setting.”setting.”
setting.”setting.”
setting.”
-TABC Enforcement Deputy
Assistant Chief Joel Moreno
This summer, camps were held in
Houston and San Angelo. In addition to
having fellowship and fun, students tackled
such weighty issues as media relations,
crisis intervention and community action.
Before leaving, groups from each com-
munity worked together and developed
specific action plans for dealing with
underage drinking and drug use in their
hometowns.
After observing the campers, I have
confidence that these students will use their
recently acquired knowledge to combat
underage drinking and other community
dilemmas,” Moreno added. Moreno
participated at the San Angelo power
camp.
youth
leadership
pwer
camp
The TABC-approved seller/server
training program teaches sellers, servers
and managers how to serve alcoholic
beverages responsibly by avoiding sales
and service to minors and intoxicated
persons.
These partnerships have proven
effective in increasing retailer partici-
pation. Press conferences were also held
in Houston, San Antonio and McAllen.
The Texas Alcoholic Beverage Commission
remains committed to keeping Texas safe
for all its citizens.
Responsible Alcohol Service Saves Lives.
For more information, call Debbie Dixon,
TABC seller training coordinator, at 512-
206-3420 or go to www.tabc.state.tx.us/
liccom/seller
TT
TT
TABC TABC T
ABC TABC T
ABC TODOD
ODOD
ODAA
AA
AYY
YY
YSummer/FSummer/F
Summer/FSummer/F
Summer/Fallall
allall
all
20042004
20042004
2004
PP
PP
Page 6age 6
age 6age 6
age 6
Inquiry Now Easier
Seller Training Certification
Inquiry Enhanced
TABC has made it easier to verify Seller
Training certifications by enhancing the in-
quiry screen on the Seller Training web page.
No longer will you have to enter the
license or certification number—just the
person’s Social Security number and birth
date.
Simply go to the TABC web site at
www.tabc.state.tx.us and click on “Seller
Training” at the left side of the screen. Then
click on “MainPage.” This will take you to
the first of two security screens. Click “Yes”
and when the next screen pops up, click
OK.” This will take you to the page with
the inquiry screen.
To view a person’s certification status,
type in the person’s Social Security number
and birth date. You can access this
information 24 hours a day, 7 days a week.
If you don’t have access to the Internet
and you want to verify an employee, call
your local TABC field office or Seller Training
in Austin at 512-206-3420.
Owners of alcoholic beverage estab-
lishments use seller training programs to
familiarize their employees with laws
concerning sales to minors and intoxicated
persons.
The Alcoholic Beverage Code requires
the Commission to establish minimum
requirements for approved seller training
programs. Although colleges and private
companies sponsor seller training pro-
grams, TABC approves the curriculum to
ensure compliance with the law.
TABC PROMOTES SELLER TRAINING ACROSS TEXAS
OO
OO
On May 4, 2004, TABC held a press
conference to unveil plans to
increase retailer participation in seller/server
training in the El Paso area.
TABC collaborated with Desert Eagle,
Glazer’s Wholesale and The Greater El Paso
Chamber of Commerce to develop a public
information program that would increase
voluntary retailer participation in seller/server
training.
As part of this collaboration, Desert Eagle
and Glazer’s Wholesale distributed bro-
chures to alcoholic beverage retailers along
their routes in El Paso County, touting the
importance of seller/server training.
TABC values its seller/server training
program and the benefits that the program
provides to not only retailers but to their
employees and to the citizens of Texas as well.
SELLER TRAINING TRAINERS ATTEND SEMINARS
Each yearEach year
Each yearEach year
Each year, certified trainers for the seller training schools must complete four, certified trainers for the seller training schools must complete four
, certified trainers for the seller training schools must complete four, certified trainers for the seller training schools must complete four
, certified trainers for the seller training schools must complete four
continuing education hours toward the renewal of their trainer certification.continuing education hours toward the renewal of their trainer certification.
continuing education hours toward the renewal of their trainer certification.continuing education hours toward the renewal of their trainer certification.
continuing education hours toward the renewal of their trainer certification.
To help trainers receive these hours and to keep the schools current on the latest Seller
Training happenings, the Texas Alcoholic Beverage Commission’s Seller/Server Training
Section conducted the 2004 seminars during May and June. Six-hour sessions were held in
Lubbock, Mesquite, Fort Worth, El Paso, Corpus Christi, Austin, Houston, and McAllen.
Topics at these seminars included recent research and information on alcohol-related
studies, administrative issues, new standardized tests that began in September, training
techniques, and a chance for trainers to ask TABC compliance, enforcement, and seller
training questions.
One attendee commented, “This is best seminar you’ve ever put on. It gets better and
better each time.” Another found it so useful that they suggested, “We should have at least
one or two training sessions every year.
TABC Administrator Alan Steen fields questions from reporters in San Antonio about
the partnership with industry to increase participation in Seller Training programs.
p
p
p
Employee Inquiry
1. Enter the:
Employee SSN:
(999999999)
Employee Date of Birth:
(mmddyyyy)
2. Press
(All fields are required)
Search Reset
or
Summer/FSummer/F
Summer/FSummer/F
Summer/Fall all
all all
all
20042004
20042004
2004 TT
TT
TABC TABC T
ABC TABC T
ABC TODOD
ODOD
ODAA
AA
AYY
YY
Y
PP
PP
Page 7age 7
age 7age 7
age 7
Responsible AlcoholResponsible Alcohol
Responsible AlcoholResponsible Alcohol
Responsible Alcohol
Service Saves LivesService Saves Lives
Service Saves LivesService Saves Lives
Service Saves Lives
TT
TT
TABC ComplianceABC Compliance
ABC ComplianceABC Compliance
ABC Compliance
Director Buck FDirector Buck F
Director Buck FDirector Buck F
Director Buck Fulleruller
ulleruller
uller
met with State Repre-met with State Repre-
met with State Repre-met with State Repre-
met with State Repre-
sentative Elizabethsentative Elizabeth
sentative Elizabethsentative Elizabeth
sentative Elizabeth
Ames Jones at aAmes Jones at a
Ames Jones at aAmes Jones at a
Ames Jones at a
recent San Antoniorecent San Antonio
recent San Antoniorecent San Antonio
recent San Antonio
press conference topress conference to
press conference topress conference to
press conference to
promote voluntarypromote voluntary
promote voluntarypromote voluntary
promote voluntary
retailer participation inretailer participation in
retailer participation inretailer participation in
retailer participation in
seller training.seller training.
seller training.seller training.
seller training.
TT
TT
The Texas Alcoholic Beverage
Commission recently awarded nine
grants totaling more than $330,000 to
groups committed to age-law enforcement
and underage drinking prevention. The
awards fund Texas community programs that
provide services or training for underage
drinking enforcement and prevention
initiatives.
In 1999, Texas led the nation in the rate
of alcohol-related deaths among 15 to 20
year olds, and this age group remains the
most difficult to reach with an anti-drinking
message. Each funded project represents a
well-planned and potentially successful
underage drinking enforcement and pre-
vention initiative.
As the designated state administrator for
the “Enforcing the Underage Drinking Laws
(EUDL) Block Grant,” the TABC awards and
distributes the money to qualified grant
applicants from the U.S. Department of
Justice’s Office of Juvenile Justice and
Delinquency Prevention. The agency uses this
funding to support a limited number of
agency underage drinking projects and to
award grants to Texas nonprofit organ-
izations, colleges and communities.
A “Request for Applications” advertised
in November 2003 generated 14 grant
applications for 2004-2005 funding. The
Texas EUDL Task Force and TABC reviewed
each application. This task force operates
as an advisory group of representatives from
several government agencies and a number
of statewide prevention nonprofit organ-
izations. TABC staff recommended nine
programs for funding and awarded grants.
The grant program requires specific
output and outcome measures for the grantee
and TABC to determine the effectiveness of
funded efforts.
TABC AWARDS 2004-2005 EUDL GRANTS
2004-2005 GRANT RECIPIENTS
Star Council on Substance Abuse, Erath County $27,000
Mothers Against Drunk Driving, Statewide $54,000
University of Texas at San Antonio Health Science Center, Statewide $50,000
Texans Standing Tall, Statewide $56,000
University of the Incarnate Word, Bexar County $20,000
Alcohol & Drug Abuse Council of Deep East Texas, Nacogdoches County $45,000
Sul Ross State University, Brewster County $22,500
Texas Municipal Police Association, Statewide $30,000
Randall County Sheriff’s Department, Randall County $30,000
p
p
p
p
p
Pending Rule Changes
An amendment to Rule 45.117
is being considered by TABC and
has been published in the Texas
Register for public comment. The
rule describes the increase in the
price of advertising specialties
furnished to retailers by wholesalers
and liquor manufacturers from $87
to $101.
The National Association of Beer
Importers has petitioned the Agency
to consider amending Rule 45.77
and Rule 45.90 to allow beer and
ale also to bear a style designation
such as lager, stout, or porter. TABC
is considering this amendment and
has requested it be published in the
Texas Register for public comment.
UPCOMING
Commission Meetings
October 25, 2004
November 22, 2004
December 20, 2004
These dates may change. Con-
firm dates on our web site at
www.tabc.state.tx.us/about/
meeting.htm 10 days before the
meeting.
Minutes to past commission
meetings and agendas for up-
coming meetings can also be found
on the web site.
If you want to be put on the e-
mail list to receive agendas and
minutes, e-mail Renee Johnston at
renee.johnston@tabc.state.tx.us
TABC TODAY
Texas Alcoholic Beverage Commission
P.O. Box 13127
Austin, Texas 78711-3127
www.tabc.state.tx.us
PRSRT.STD.
U.S. POSTAGE
PAID
AUSTIN, TEXAS
PERMIT #408
John T. Steen, Jr. Chairman
Gail Madden Commissioner
Alan Steen Administrator
Jeannene Fox Assistant Administrator
TABC TODAY is an external publication of the Texas
Alcoholic Beverage Commission. We welcome
comments, suggestions and/or questions from our
readers.
To report a possible violation of the Alcoholic Bever-
age Code, call toll-free 1-888-THE-TABC (Voice/TDD).
The Texas Alcoholic Beverage Commission is an equal
opportunity employer and does not discriminate on
the basis of race, color, national origin, sex, religion,
age or disability in employment, or in the provision
of services, programs, or activities.
In compliance with the Americans with Disabilities
Act, this newsletter may be requested in alternative
formats by contacting TABC at 512-206-3220, 512-
206-3270 (TDD), 512-206-3350 (fax) or writing P.O.
Box 13127, Austin, Texas 78711-3127.
SENIOR EDITORS: Carolyn Beck, Jeanenne Fox
EDITOR/DESIGNER: Jason Anderson, Mary Cardwell
CONTRIBUTORS: Carolyn Beck, Debbie Dixon, Rod
Venner, Jay Webster, Roy Hale, Sam Smelser, Joel
Moreno
You Asked… questions about
alcoholic beverage regulations
I own a store in a town that just had a local option elec-
tion that legalized the sale of beer. I have applied for a
license from TABC. Are we allowed to put up a sign that
says “Beer Coming Soon”? After I receive my license, can
I put up a sign that says “Now Selling Beer”?
Yes and no. If the city/county officials have canvassed
(certified) the local option election for that area as “wet”
and the license or permit has not been issued, the
unlicensed retailer planning to sell alcoholic beverages
may place outdoor signs indicating “Beer Coming Soon.”
Once TABC issues the license, the retailer can have
oneone
oneone
one outdoor sign that may state “Beer” or “Beer To Go.”
You cannot have a sign that states “Now Selling Beer.”
Remember, there can be only one outdoor sign that
indicates “Beer. ” Also, none of the letters on the sign
may be more than 12 inches in height.

Navigation menu