Specialized terms used in this Seminar and their meanings:Absorption: The way alcohol enters the bloodstream. Alcohol is absorbed into the blood through the stomach and small intestine.
Addiction: Physical dependence upon a drug, characterized by withdrawal symptoms in the absence of the drug.
Alcoholic Beverage: 1. An alcoholic beverage is 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. 2. A toxic drug; a depressant that slows activity in the central nervous system, resulting in impaired mental and physical performance. [Texas Alcoholic Beverage Code Sec. 1.04 (1)]
Alcohol Policy: A policy written by establishments to partner with staff in the In House Policies concerning the sales and service of alcohol.
Alcoholism: An addiction to alcohol. A chronic, progressive, treatable disease characterized by a person’s inability to control or stop drinking alcohol. “Denial” that alcohol interferes with a person’s physical, psychological or social problems is common.
Applicant: The individual and/or each owner, officer, director, manager or trainer of a legal entity who applies to the commission for a certificate.
BAC: Blood Alcohol Content. The amount of alcohol in the blood, determined by the percentage of alcohol in relation to other blood components. For example, .08% BAC means there are eight parts of alcohol per 10,000 parts of blood. (Also Breath Alcohol Content. Many law enforcement agencies use breath tests to determine a person’s alcohol content.)
Branch Seller Server School Certificate: A certificate issued by the commission to the holder of a Primary Seller Server School Certificate granting the same authority as the Primary certificate but at a site that is designated on the Branch Certificate and that is different from that designated on the Primary certificate.
Central nervous system (CNS): The brain and spinal cord, which collect, process, and transmit information.
Criminal liability: Crime against the state for which an officer of the state can bring legal action. Society is harmed by an individual breaking the laws of the state. Usually there is no statue of limitations for criminal liability. Property and casualty insurance is not designed to provide coverage for the criminal acts of an insured individual.
Criminal Negligence: A person fails to meet a standard level of care that an ordinary person under these conditions would meet, e.g. checking IDs, calculating age, refusing to over-serve patrons, and looking for signs of intoxication. [Penal Code Sec 6.03]
Dependence: The physical or psychological need for a drug, resulting from continuous use characterized by physical or mental withdrawal in the absence of the drug.
Depressant: A chemical that slows down the processes of the central nervous system.
Designated driver: A person chosen to be the driver for others who are consuming alcohol. A designated driver does not drink alcohol to ensure that everyone in the group gets home safely.
Detoxification: The act of removing a poison or toxin, such as alcohol, and its effect from the body. The liver is the human body’s detoxification organ.
Diagnose: Determine an illness from the signs and symptoms a patient exhibits.
Distilled spirits: Alcoholic beverages made by distilling the product of fermented grains, fruits, and vegetables. Alcohol content is 40 to 50% or 80 to 100 proof equivalent.
Dram Shop Statute: A law that allows a victim to sue a server or licensee or a social host for damages and injuries resulting from the action of a customer. In Texas State, Dram Shop Lawsuits apply when the server or licensee violates the law by serving a minor or a visibly intoxicated person. The first party is the customer, the second party is the serving party (you and your establishment), and the third party or third parties are the persons or property outside of the alcohol transaction that are damaged as a result of the alcohol transaction.
Drink equivalency: There is the same amount of ethyl alcohol in a 12 ounce bottle of beer, a 5 ounce glass of wine, and 1-1/2 ounces of 80 proof equivalent.
Drug: A chemical substance that produces a physical, mental, emotional, or behavioural change in the user.
DUI: Driving under the influence. Section 106.041 of the Alcoholic Beverage Code makes it illegal for a minor to operate a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. Driving under the influence is a Class C misdemeanor, punishable by a fine up to $500, an alcohol awareness course, community service, and driver’s license suspension.
DWI: Driving While Intoxicated. Section 49.04 of the Penal Code states that a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Employee: Anyone who sells, serves, dispenses, or delivers alcoholic beverages for a business that is licensed to sell alcohol is considered an employee of that business. This also includes anyone who immediately manages, directs, supervises, or controls the sale or service of alcoholic beverages. (Employee does not include officers of a corporate permittee/licensee who do not manage, direct, supervise, or control the sale or service of alcoholic beverages.) [Texas Alcoholic Beverage Commission Administrative Rules Sec. 50.2 (4)]
Ethyl alcohol: The alcohol in beverages. The only alcohol that can be consumed without causing severe immediate physical damage.
Fermentation Process: A chemical breakdown of fruits and or grains.
Frequenting: Persons under the age of 21 being in an area restricted to persons 21 years of age or older.
Hospitality industry: Restaurants, hotels, and other businesses that provide food, lodging, and other services.
Impairment: A decrease in physical and mental abilities.
Implied consent law: Says that anyone who drives on Texas’s roads must give their consent to submit to a BAC test or a blood test upon request of a police officer. If you refuse to take the chemical test, the officer will take your driver's license and issue you a temporary driving permit.
Incident log: A daily record of any events occurring in an establishment kept by the licensed premises.
Intoxication: Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more. [Penal Code Sec. 49.01]
License: a legal document giving official permission to do something.
Licensee: A person or entity granted the privilege of selling alcoholic beverages.
Liver: The organ in the human body that detoxifies alcohol.
Manslaughter: Causing a death with criminal negligence.
Metabolization: The chemical process of breaking down a substance, such as alcohol, in the body.
Minor: A person under the age of 21. [Texas Alcoholic Beverage Code Sec. 106.01]
Minor Sting Operation: Undercover enforcement operations which identify retail establishments that sell alcoholic beverages to minors.
Misdemeanor: A crime less serious than a felony.
Oxidation: The process by which the body burns alcohol for elimination. The liver oxidizes 90% of alcohol, at a rate equal to about one average drink per hour.
Premises: An establishment’s building and grounds, including parking lots.
Primary Seller Server School Certificate: A certificate issued by the commission under this granting authority to: offer instruction and maintain records at the school's principal site designated on the primary certificate; and issue seller server certificates.
Proof: The alcohol content of distilled liquor. Equal to 2 times the percentage of alcohol. For example, 100 proof equal 50% alcohol content.
Public Intoxication: To appear in a public place while intoxicated to the degree that the person may endanger the person or another. [Penal Code Sec. 49.02]
Seller Server Certificate: A certificate issued to an individual who completes a course of instruction offered by a school and who passes the Commission Standard Competence Test.
Seller Server Certificate Course: A class providing instruction in the sale, service, dispensing, delivery and consumption of alcoholic beverages to or by persons in private clubs, minors or intoxicated persons, and that is designed to enable students to pass the Commission Standard Competence Test and receive a seller server certificate.
Stimulants: Chemicals that speed up the processes of the central nervous system. Sometimes called “uppers.”
TABC: Texas Alcoholic Beverage Commission.
Tolerance: The condition when a drug user requires increasingly larger amounts of the drug to produce the same effect. A change in the system of the user, developing with prolonged or increased use of a drug. (Remember, alcohol is a drug.)
Tort: A wrongful act, whether intentional or negligent, which causes an injury and can be remedied at civil law, usually through awarding damages.
Toxic: Poisonous; causing death, harm, or impairment.
Tranquilizers: Depressant drugs that slow down the central nervous system. Also known as “downers.” Used in combination with alcohol, the depressant effects of both drugs are intensified, sometimes resulting in coma or death.
Wine: An alcoholic beverage made from grape or fruit juices. The alcohol content is more than one half of one percent by volume and not more than 21% of alcohol by volume.