AACEA Texas: TABC Alcohol Laws - Protecting Yourself & Your Establishment From Lawsuits
If you are working for (or own) an establishment in Texas State that serves or sells alcohol, you may be curious about your legal responsibilities and how to prevent yourself, your employees, and/or your establishment from getting into any trouble with the law. One way to become more knowledgeable about this is to take a TABC Certification course that is approved by the TABC in order to get a TABC License for selling or serving alcohol.
If you’re hoping to better inform yourself without taking a course, we have provided some helpful information for you below!
One of the biggest concerns you will have as someone who sells or serves alcohol, or as someone who owns an establishment that sells alcohol to the public, is providing alcohol to intoxicated customers. If alcohol is served or sold to an intoxicated customer who then causes an accident or otherwise finds themselves in an accident, you could find yourself knee deep in a Dram Shop Lawsuit.
What is a Dram Shop Lawsuit?
In simple terms, a Dram Shop Lawsuit is the potential consequence of serving or selling alcohol to a customer who is apparently intoxicated, but as is common with most laws, there is more to this than meets the eye. “Apparently Intoxicated” in its literal definition means visibly intoxicated (which indicates intoxication that can be easily observed), but when determining if you are liable for a Dram Shop Lawsuit, apparent intoxication can also be determined by how many drinks you or someone at your establishment served or sold to a customer. In other words, you are still at risk for incurring a Dram Shop Lawsuit if a customer is sold or served enough alcohol to cause them to become intoxicated, even if they weren’t showing apparent signs of intoxication while being served or sold the alcohol!
The best way to prevent yourself or your establishment from being impacted by a Dram Shop Lawsuit is to ensure that your customers are not intoxicated before you sell or serve them alcohol, AND to ensure that your customers are not over-served (served to the point of intoxication). How do you do this? By counting drinks and keeping an open dialogue with your customers. Use your intuition and the guidance from your colleagues and manager to help guide your decisions, and always trust your gut!
Having additional knowledge also helps! If you’d like to learn more and receive a TABC Certification in the process, we welcome you to check out our online TABC Approved Alcohol Seller/Server Training Course whenever and wherever is most convenient for you!
Cheers, and Happy Training!