TABC Test Questions & Answers 2023: Texas Alcoholic Beverage Laws Guide, Exams of Nursing

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TABC TEST questions with complete

solutions 2023

Alcoholic Beverage - correct answer 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. Illicit Beverage - correct answer Any beverage handled in violation of the Alcoholic Beverage Code. Ale or Malt Liquor - correct answer A malt beverage containing MORE than 4% of alcohol by weight. Mixed Beverage - correct answer One or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold. Licensee - correct answer A person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. Wine Cooler - correct answer An alcoholic beverage consisting of vinous liquor plus plain, sparkling, or carbonated water and which may also contain one or more natural/artificial blending or flavoring ingredients. Alcohol may be as low as 1/2 of one percent by volume. Beer - correct answer 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, and does not include a beverage designated by label or otherwise by name other than beer. Liquor - correct answer Any alcoholic beverage containing alcohol in excess of FOUR PERCENT BY WEIGHT, unless otherwise indicated. Permittee - correct answer Means the person who is a holder of a permit provided for in this code, or an agent, servant, or employee of that person. Person - correct answer Means a natural person or associated of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of them. 101.07 Duty of Peace Officer (2 words missing) - correct answer All peace officers in the state, including those of cities, counties, and state, SHALL ENFORCE the provision of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.

106.02 Purchase by Minor - correct answer A minor commits an offense if the minor purchases an alcoholic beverage (AB). A minor does not commit an offense if the minor purchases an AB under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. Penalties for 106.02 - correct answer Class C Misdemeanor If previously convicted at least twice a fine of not less than $250 or more than $2,00; confinement in jail for a term not to exceed 180 days; or both the fine and confinement. Charge for General Offense when specific penalty isn't provided? - correct answer Misdemeanor 5.331 What law enforcement agency? - correct answer LOCAL LAW ENFORCEMENT AGENCIES in each county with a population of 3.3 million or more shall send to the commissions report and other data concerning shootings, stabbings, and other public disturbances that occur on the premises of a permittee or licensee. 11.01 Sub A. 1-3 What does the person have to obtain before doing things listed? - correct answer NO PERSON WHO HAS NOT FIRST OBTAINED A PERMIT of the type required for the privilege exercised may, in a wet area, do any of the following... 11.04 How permits will be displayed? (couple of questions) - correct answer All permits shall be displayed in a conspicuous place at all times on the licensed premises. Warning Sign required (A) - correct answer Shall be displayed in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a handgun the person is licensed to carry. Health Risks Warning Sign - correct answer Display a warning sign on the door to each restroom on the permitted premises that informs the public of the risks of drinking alcohol during pregnancy. 11.041 Sub A. How permit holder has to display sign of weapon - correct answer 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 person to carry a weapon on the premises. 11.041 Sub B. What manner signs must be made visible to public? - correct answer The sign must be at least 6 inch high and 14 inch wide, must appear in contrasting colors, and shall be displayed in a CONSPICUOUS MANNER CLEARLY VISIBLE TO THE PUBLIC. The commission or administrator may require the permit holder to also display the sign in a language other than English if it can be observed or determined

that a substantial portion of the expected customers speak the other language as their familiar language. 11.042 Sub A. Signs: Alcohol, Drug, and Pregnancy (missing words on test) - correct answer The commission by rule shall require the holder of a permit authorizing the sale of alcoholic beverages for on-premises consumption to display a warning sign on the door to each restroom on the permitted premises that informs the public of the risks of drinking alcohol during pregnancy. 11.06 Pertaining to Person (missing word) - correct answer PRIVILEGES LIMITED TO LICENSED PREMISES: NO PERSON may use a permit or exercise any privileges granted by the permit except at the place, address, premises, or location for which the permit is issued, except as otherwise provided by the code. Which is needed by TABC to take Administrative Action? - correct answer Date and time, location, reason for being at licensed premise, primary observation (lighting, position of employees, violators, witnesses), ID of persons involved, statements, evidence, arrests, completion of reports. 22.10 Opening containers prohibited - correct answer Except as authorized under Section 52.01 of this code, not person may break or open a container containing liquor or beer or possess an opened container of liquor or beer on the premise of a package store. 22.11 Consumption on premises prohibited - correct answer Except as authorized under Section 52.01, no person may sell, barter, exchange, deliver, or give away any drink(s) of alcoholic beverages from a container that has been opened or broken on the premises of a package store. 22.13 Age of package store employees - correct answer A package store permittee may not knowingly utilize or employ any person under the age of 21 to work on the premises of a package store in any capacity or to deliver alcohol off the premises of a package store. Does not apply to a person who is employed by a parent. 22.17 Sale to customer in store at closing - correct answer If a customer has entered a package store during hours in which the store may sell alcohol and is still in the store at the time the hours of legal sale end, THE PERMITTEE MAY ALLOW THE CUSTOMER TO REMAIN IN THE STORE FOR A REASONABLE AMOUNT OF TIME TO FINISH SHOPPING, AND THE PERMITTEE MAY SELL AN ALCOHOLIC BEVERAGE TO THAT CUSTOMER even though the sale occurs after the designated end of the hours of legal sale. 25.01 Authorized Activities (What permit holder can sell what) - correct answer The holder of a WINE AND BEER RETAILER'S PERMIT may sell:

1. For consumption on or off the premises where sold, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume and not more than 17 percent by volume; and
2. For consumption on the premises traditional port or sherry containing alcohol in excess of one-half of one percent by volume and not more than 24 percent by volume. 26.01 What container? - correct answer The holder of a wine and beer retailer's off- premise permit may sell for off-premises consumption only, in UNBROKEN ORIGINAL CONTAINERS, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of percent by volume but not more than 17 percent by volume. 28.01 What kind of premises? - correct answer The holder of a mixed beverage permit may sale, offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the LICENSED PREMISES. 28.081 Substitution of brand without consent of consumer prohibited - correct answer The holder of a mixed beverage permit or a private club permit, or the agent, servant, or employee of a holder of a mixed beverage permit of private club permit commits an offense if the holder, agent, servant, or employee substitutes one brand of alcoholic beverage for a brand that has been specifically requested by a consumer, unless the consumer is notified and consents to the substitution. 29.01 Late hours on Sunday for mixed beverages - correct answer The holder of mixed beverage late hour permit may sell mixed beverages on SUNDAY BETWEEN THE HOURS OF 1 AM AND 2 AM and on any other day between the hours of 12 midnight and 2 am if the premises covered by the permit are in an area where the sale of mixed beverages during those hours is authorized by this code. 61.01 License required (answer is in the question) Know what the person must have to sell brew beer - correct answer No person may manufacture or brew beer for the purpose of sale, import it into this state, distribute or sell it, or possess it for the purpose of sale WITHOUT HAVING FIRST OBTAINED AN APPROPRIATE LICENSE OR PERMIT AS PROVIDED IN THIS CODE. 69.01 What licensee can't sell beer for - correct answer The holder of a retail dealer's on-premise license may sell beer in or from any lawful container to the ultimate consumer for consumption on or off the premises where sold. THE LICENSEE MAY NOT SELL BEER FOR RESALE. 70.01 What day they may sell beer between hours - correct answer The holder of a retail dealer's on-premise license may sell beer for consumption on the premises on SUNDAY between the hours of 1 am and 2 am and on any other day between the hours of 12 pm and 2 am. 71.01 What containers? (there's two questions on test) - correct answer The holder of a retail dealer's off-premise license may sell beer in LAWFUL CONTAINERS TO

CONSUMERS, but not for resale and not to be opened or consumed on or near the premises where sold. SO ALSO CLOSED CONTAINERS. 101.63 Sell to certain persons - correct answer A person commits an offense if the person with criminal negligence sells an alcoholic beverage to a habitual drunkard or an intoxicated or insane person. Violation of this offense is a misdemeanor and fine not less than $100 and no more than $500. Confinement no longer than a year or both confinement and fine. Previous convictions is a fine no less than $500 and no more than $1000, one year in jail or both. 101.71 What holder of permit may not do - correct answer No holder of a permit issued under Title 3, Subtitle A, of this code, may REFUSE TO ALLOW THE COMMISSION OR ITS AUTHORIZED REPRESENTATIVE OR A PEACE OFFICER, ON REQUEST, TO MAKE A FULL INSPECTION, INVESTIGATION, OR SEARCH OF ANY VEHICLE. 101.72 Consumption of alcohol beverage on premises licensed for off-premises consumption - correct answer A person commits an offense if the person knowingly consumes liquor/beer on the premises of a holder of a wine and beer retailer's off- premise permit or a retail dealer's off-premise license. Misdemeanor punishable by no less than $25-250. 103.01 Illicit beverage prohibited - correct answer No person may possess, manufacture, transport, or sell an illicit beverage. 103.03 What can be seized without a warrant by a peace officer who has legally discovered illicit beverage? - correct answer - Any illicit beverage, its container, and its packaging; any vehicle, including an aircraft or watercraft, used to transport an illicit beverage; or

• Any equipment designed for use in or used in manufacturing an illicit beverage; or
• Any material to be used in manufacturing an illicit beverage. 104.4 Sub B. What beverage that doesn't have tax stamp. What is it called? - correct answer Illicit Beverage 105.01 Hours of sale for liquor (look for holidays) - correct answer No person may sell, offer for sale, or deliver any liquor: on New Year's Day, Thanksgiving Day, or Christmas Day; or before 10 am or after 9 pm on any other day. When Christmas and New Years falls in a Sunday, subsection (a) of this section applies to the following Monday. 105.03 Hours for mixed beverages - correct answer No person may sell or offer for sale mixed beverages at any time not permitted by this section. 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 midnight 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 food to the customer.

105.04 (DAY) - correct answer The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off-premise permit are the same as those prescribed for the sale of beer under Section 105.05 of this code, except that no sale shall be allowed between 2 am and noon on SUNDAY. 105.05 Hours of sale (Times) - correct answer A person may sell, offer for sale, or deliver beer BETWEEN 7A AND MIDNIGHT ON ANY DAY EXCEPT SUNDAY. ON SUNDAY he may sell beer between MIDNIGHT AND 1A AND BETWEEN NOON AND MIDNIGHT, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between 10a and noon if the beer is served to a customer during the service of food to the customer. 105.06 Hours of consumption (know place) - correct answer A licensed or permitted premises is a PUBLIC PLACE. 105.10 (know penalty) - correct answer Sells or offers for sale on alcoholic beverage during prohibited hours; or consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours. AN OFFENSE UNDER THIS SECTION IS A CLASS A MISDEMEANOR. 106.025 Attempt to purchase alcohol by minor - correct answer A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. Class C Misdemeanor. 106.03 Sales to minors (what offense level) - correct answer A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. An offense under this section is a CLASS A MISDEMEANOR. 106.06 (word will be missing) - correct answer A person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence. Class A Misdemeanor.