16 Tex. Admin. Code § 34.3 - Offenses Against the General Welfare; Place or Manner Violations

(a) This rule relates to §§ 11.46(a)(8), 11.61(b)(7), 61.42(a)(3) and 61.71(a)(16) of the Alcoholic Beverage Code.

(b) A licensee or permittee violates the provisions of the Code cited in subsection (a) of this section if any of the offenses listed in subsection (c) of this section are committed:

(1) by the licensee or permittee in the course of conducting its alcoholic beverage business; or

(2) by any person on the licensee or permittee's licensed premises; and

(3) the licensee or permittee knew or, in the exercise of reasonable care, should have known of the offense or the likelihood of its occurrence and failed to take reasonable steps to prevent the offense.

(c) The offenses that are the subject of this rule include:

(1) any preparatory offense described in Chapter 15 of the Texas Penal Code;

(2) any homicide offense described in Chapter 19 of the Texas Penal Code;

(3) any trafficking or smuggling of a person or receipt of benefit from participating in a human trafficking offense described in Chapter 20A of the Texas Penal Code or 18 U.S.C. §§ 1581-18 U.S.C. 1592;

(4) any sexual offense described in Chapter 21 of the Texas Penal Code;

(5) any assaultive offense described in Chapter 22 of the Texas Penal Code;

(6) any arson, criminal mischief or property damage or destruction offense described in Chapter 28 of the Texas Penal Code;

(7) any theft offense described in Chapter 31 of the Texas Penal Code;

(8) any fraud offense described in Chapter 32 of the Texas Penal Code;

(9) any money laundering offense described in Chapter 34 of the Texas Penal Code;

(10) any bribery offense described in Chapter 36 of the Texas Penal Code;

(11) any obstruction offense described in Chapter 38 of the Texas Penal Code;

(12) any disorderly conduct or related offenses described in Chapter 42 of the Texas Penal Code;

(13) any public indecency offense described in Chapter 43 of the Texas Penal Code;

(14) any weapons offense described in Chapter 46 of the Texas Penal Code;

(15) any gambling offense described in Chapter 47 of the Texas Penal Code;

(16) any narcotics related offense described in Chapters 481 and 483 of the Texas Health and Safety Code;

(17) any law, regulation or ordinance of the state or federal government or of the county or municipality in which the licensed premises is located, violation of which is detrimental to the general welfare, health, peace and safety of the people; and

(18) any solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's employees in violation of § 104.01 of the Alcoholic Beverage Code.

(d) This rule does not constitute the exclusive means by which §§11.46(a)(8), 11.61(b)(7), 61.42(a)(3) and 61.71(a)(16) may be violated.

Notes

16 Tex. Admin. Code § 34.3

The provisions of this §34.3 adopted to be effective August 21, 2008, 33 TexReg 6583; amended to be effective January 1, 2011, 35 TexReg 7052; Amended by Texas Register, Volume 44, Number 50, December 13, 2019, TexReg 7682, eff. 12/16/2019; Adopted by Texas Register, Volume 45, Number 49, December 4, 2020, TexReg 8772, eff. 3/1/2021; Adopted by Texas Register, Volume 47, Number 22, June 3, 2022, TexReg 3244, eff. 6/6/2022