TABC – PowerPoint Exam Questions and Answers 2024, Exams of Nursing

Download TABC – PowerPoint Exam Questions and Answers 2024 and more Exams Nursing in PDF only on Docsity! 1 / 39 TABC – PowerPoint Exam Questions and Answers 2024 1. "Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.": ALCOHOLIC BEVERAGE 2. "Alcohol spirits of wine, whiskey, rum, brandy, gin or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them." This includes spirit coolers that may have an alcohol content as low as 4% alcohol by volume.: DISTILLED SPIRITS 3. A malt beverage containing over 4% of alcohol.: Ale or Malt Liquor 4. A malt beverage containing one-half of one percent or more of alcohol by volume and not more than four percent of alcohol by weight.: Beer 5. One or more servings of a beverage composed in whole or in part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit, the holder of a daily mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private 2 / 39 club late hours permit.: Mixed Beverage 6. ANY BEVERAGE HANDLED IN VIOLATION OF THE ALCOHOLIC BEVERAGE CODE: ILLICIT BEVERAGE 7. Beverages that are illegally: manufactured distributed bought sold processed stored possessed imported transported: ILLICIT BEVERAGE 8. Beverages on which a state tax has not been paid and to which the tax stamp, if required, has not been affixed.: ILLICIT BEVERAGE 9. A person who is the holder of a license provided for in this code, or an agent, servant, or employee of that person.: LICENSEE 10. A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person: PERMITEE 5 / 39 (b) (1) Subject to the approval of the commission or the administrator, and except as provided in Subsection (c) of this section, an applicant for a or license may designate a portion of the grounds, buildings, vehicles, and ap- purtenances to be from the licensed premises.: permit; excluded 17. TABC Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. (b) (2) If such a designation has been made and approved as to the holder of a license or permit authorizing the sale of alcoholic beverages at or as to a private club registration permit, the sharing of space, employees, business facilities, and services with another business entity (including the permittee's lessor, which, if a corporation, may be a domestic or foreign corporation, but excluding a business entity holding any type of winery permit, a manufacturer's license, or a general, local, or branch distributor's license), does not constitute a subterfuge or surrender of exclusive in violation of Section 109.53 or the use or display of the license for the benefit of another in violation of Section 61.71(a)(14). This subsection shall not apply 6 / 39 to original or renewal package store permits, wine only package store permits, local distributor's permits, or any type of wholesaler's permits.: retail; control 18. TABC Sec. 101.07. DUTY OF PEACE OFFICERS. All peace officers in the state, including those of cities, counties, and state, shall the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.: enforce 19. TABC Sec. 101.02. ARREST WITHOUT WARRANT. A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer shall take possession of all beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.: illicit 20. TABC Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder to the com- mission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. 7 / 39 (b) A person commits an offense if the person to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor.: consents; refuses 21. TABC Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code. (b) A person commits an offense if the person refuses to allow the commis- sion, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a .: MDA 22. TABC Sec. 103.03. SEIZURE OF ILLICIT BEVERAGES, ETC. A peace officer may without a warrant: (1) any illicit beverage, its container, and its packaging; (2) any vehicle, including an aircraft or watercraft, used to transport an illicit 10 / 39 90 days or by both. The commission shall insure that the reports are made by peace officers.: misdemeanor 28. Search and Seizure (a) A search warrant may issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and destroy or otherwise of in accordance with this code: (1) an illicit beverage; (2) any equipment or instrumentality used, or capable or designed to be used, to manufacture an illicit beverage; (3) a or instrumentality used or to be used for the illegal trans- portation of an illicit beverage; (4) unlawful equipment or materials used or to be used in the illegal manufac- turing of an illicit beverage: dispose; vehicle 29. Search and Seizure Continued... (5) a forged or counterfeit , die, plate, official signature, certificate, evidence of tax payment, license, permit, or other instrument pertaining to this code; or 11 / 39 (6) any instrumentality or equipment, or parts of either of them, used or to be used, or designed or capable of use, to manufacture, print, etch, or otherwise make a or counterfeit instrument covered by Subdivision (5) of this subsection.: stamp; forged 30. Search and Seizure Continued... b) Any magistrate may issue a search warrant on the affidavit of a person, setting forth the name or description of the owner or person in charge of the premises (or stating that the name and description are unknown), the address or description of the premises, and showing that the described is a place where this code has been or is being violated.: credible; premises 31. Search and Seizure Continued... b) continued... If the place to be searched is a dwelling occupied as such and no part of it is used as a store, shop, hotel, boarding house, or for any other 12 / 39 purpose except as a private residence, the affidavit must be made by credible persons.: private; two 32. Search and Seizure Continued... (c) All provisions of Chapter 18, Code of Criminal Procedure, 1965, as amend- ed, apply to the application, , and execution of the warrant except those that conflict with this section.: issuance 33. Search and Seizure Continued... (d) The officer executing the warrant shall seize all items described in Subsec- tion (a) of this section, and those items may not be taken from his custody by a or any other process. The officer shall retain the items pending final judgment in the proceedings.: writ of replevin 34. Search and Seizure Continued... (e) This section does not require a peace officer to obtain a to search premises covered by a license or permit.: search war- rant 15 / 39 section is a punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both. (c) If a person has been previously convicted of a violation of this section or of Section 106.03 of this code, a violation is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, by confinement in jail for not more than one year, or by both.: delivers; misdemeanor 39. TABC Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.: -MD $100-$500, 1 yr jail -MD prev conv $500-$1,000 1 yr jail 40. TABC Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS. (a) A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of prekindergarten through grade. (b) This section does not apply to the possession of an open container or the 16 / 39 consumption at an event duly authorized by appropriate authorities and held in compliance with all other applicable provisions of this code. (c) An offense under this section is a Class C misdemeanor.: 1,000; twelfth 41. TABC Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS.: MDC 42. TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts: (1) the use of and vociferous or obscene, vulgar, or indecent language, or permitting its use; (2) the exposure of a person or permitting a person to expose himself or herself; (3) rudely displaying or permitting a person to rudely display a or other deadly weapon in a manner calculated to disturb persons in the retail establishment;: loud; pistol 43. TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. 17 / 39 (a) No person authorized to sell beer at retail, nor the person's agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts: (4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's ; (5) being intoxicated on the licensed premises; (6) permitting or vulgar entertainment or acts;: employees; lewd 44. TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No person authorized to sell beer at retail, nor the person's agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts: (7) permitting solicitations of persons for immoral or purposes; (8) failing or refusing to comply with state or municipal or sanitary laws or ordinances; or: sexual; health 45. TABC Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. 20 / 39 (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a , or a military identification card.: falsely; passport 53. TABC Sec. 106.03. SALE TO MINORS. (c) An offense under this section is a Class misdemeanor. (d) Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid.: A 54. TABC Sec. 106.03. SALE TO MINORS.: MDA 55. TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage.: MDC 56. TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (b) It is an affirmative defense to prosecution under this section that the 21 / 39 alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or . (c) An offense under this section is punishable as provided by Section 106.071.: spouse 57. TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (d) A minor who commits an offense under this section and who has been previously convicted or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and (2) an order of deferred disposition for an offense alleged under this section is considered a of an offense under this section.: twice; conviction 58. TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (e) Subsection (a) does not apply to a minor who: (1) requested emergency medical assistance in response to the possible 22 / 39 alcohol of the minor or another person; (2) was the first person to make a request for medical assistance under Subdivision (1); and (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel.: over- dose; scene 59. TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (f) Except as provided by Subsection (g), Subsection (a) does not apply to a minor who the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (1) a health care provider treating the victim of the sexual assault; (2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (3) the Title coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault.: reports; IX 60. TABC Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. 25 / 39 ously convicted of an offense under this section.: 20; 60 65. TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (e) Community service ordered under this section must be related to educa- tion about or prevention of misuse of .: alcohol 66. TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred or deferred adjudication.: disposition 67. TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (g) An offense under this section is not a included offense under Section 49.04[dwi], 49.045[dwi w/ child passenger], or 49.06[bwi], Penal Code.- : lesser 26 / 39 68. TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (1) an adjudication under Title 3, Family Code, that the minor engaged in described by this section is considered a conviction under this section; and (2) an order of disposition for an offense alleged under this section is considered a conviction of an offense under this section.: conduct; deferred 69. TABC Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.: citation 70. TABC Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. 27 / 39 (a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage. (b) A minor may possess an alcoholic beverage: (1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; (2) if the minor is in the presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; (3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code; or (4) if the beverage is provided to the minor under Section 106.16. (c) An offense under this section is punishable as provided by Section 106.071.: visible; lawfully 71. TABC Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR.: MDC 72. TABC Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR. 30 / 39 who is not a child and who has been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1) a fine of not less than $ or more than $ ; (2) confinement in jail for a term not to exceed 180 days; or Texas Alcoholic Beverage Code (2015) 159 (3) both the fine and confinement. (d) In addition to any fine and any order issued under Section 106.115:: 250; 2,000 79. TABC Sec. 11.041. WARNING SIGN REQUIRED. (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a per- son to carry a weapon on the premises unless the weapon is a the person is licensed to carry under Subchapter H, Chapter 411, Government Code.: handgun 80. TABC Sec. 11.041. WARNING SIGN REQUIRED. (b) The sign must be at least 6 inches high and 14 inches wide, must appear 31 / 39 in contrasting colors, and shall be displayed in a conspicuous manner clearly visible to the . The commission or administrator may require the permit holder to also display the sign in a language other than if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language.: public; English 81. Sec. 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in Sections 105.02 (WHOLESALERS AND LOCAL DIS- TRIBUTORS TO RETAILERS), 105.03 (MIXED BEVERAGES), 105.04 (WINE AND BEER RETAILER), and 105.08 (WINERY), no person may sell, offer for sale, or deliver any liquor: (1) on New Year's Day, Thanksgiving Day, or Christmas Day; (2) on ; or (3) before 10 a.m. or after 9 p.m. on any other day. (b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following .: Sunday; Monday 82. TABC 105.03 Hours of Sale: Mixed Beverages (a) No person may sell or offer for sale mixed beverages at any time not 32 / 39 permitted by this section. (b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell mixed beverages between and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of to the customer.: midnight; food 83. TABC 105.03 Hours of Sale: Mixed Beverages (c) In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed beverage permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.: late hours 84. TABC 105.03 Hours of Sale: Mixed Beverages: -Monday - Saturday: 7 am - midnight -Sunday: midnight - 1 am, 10 am - midnight, 10am - noon has to be with food service -pop. 800,000/500,000 w/ late hours permit can sell midnight - 2am on any day 85. TABC Sec. 105.05. HOURS OF SALE: BEER. 35 / 39 public place. (b) In a standard hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a. m. and 12 noon or on any other day between 12:15 a. m. and 7 a. m. (c) In an extended hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a. m. and 12 noon and on any other day between 2:15 a. m. and 7 a. m. (d) Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section.: MDC 91. TABC Sec. 105.06. HOURS OF CONSUMPTION. consumes, intends to consume alcoholic beverage in public MDC: -standard hours area: Sun 1:15am - noon, Mon-Sat 12:15 - 7am -extended hours area: Sun 2:15am - noon, Mon-Sat 2:15 - 7am 36 / 39 92. TABC Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a) In this section, " " means a public entertainment facility property, as defined by Section 108.73 that is primarily designed and used for live sporting events.: sports venue 93. TABC Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (b) Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located in a venue may sell alcoholic beverages between 10 a.m. and noon; and (2) a person may alcoholic beverages at a sports venue be- tween 10 a.m. and noon.: sports; consume 94. TABC Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. The holder of a permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery: (1) between a.m. and midnight on any day except Sunday; 37 / 39 (2) between 10 a.m. and midnight on Sunday; and (3) between midnight and 2 a.m. on New Year's Day.: winery; 8 95. TABC Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS. Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located at a festival, fair, or may sell alcoholic beverages between 10 a.m. and noon; and (2) a may consume alcoholic beverages at a festival, fair, or concert between 10 a.m. and noon.: concert; person 96. TABC Sec. 105.10. PENALTY. (a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7)[caused, permitted, or allowed any person to consume or be served any alcoholic beverage on the club premises during prohibited hours]: (1) sells or offers for sale an alcoholic beverage during prohibited hours; or