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Blog Posts in 2010

  • Sec. 106.13. SANCTIONS AGAINST RETAILER (a) Except as provided in Subsections (b) and (c) of this section, the commission or administrator may cancel or suspend for not more than 60 days a retail license or permit or a private club registration permit if it is found, on notice and hearing, that the licensee or permittee with criminal negligence sold, served, dispensed, or delivered an alcoholic ...
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  • Sec. 106.14. ACTIONS OF EMPLOYEE (a) For purposes of this chapter and any other provision of this code relating to the sales, service, dispensing, or delivery of alcoholic beverages to a minor or an intoxicated person or the consumption of alcoholic beverages by a minor or an intoxicated person, the actions of an employee shall not be attributable to the employer if: (1) the employer requires its ...
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  • Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18 (a) A permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit, as defined by Section 1.07, Penal Code, on the premises covered by the permit or license. (b) An offense under Subsection (a) is a Class A ...
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  • Sec. 106.10. PLEA OF GUILTY BY MINOR No minor may plead guilty to an offense under this chapter except in open court before a judge.
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  • Sec. 106.12. EXPUNGEMENT OF CONVICTION OF A MINOR (a) Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged. (b) The application shall contain the applicant's sworn statement that he was not convicted of any violation of this code while a minor other than ...
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  • Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR (a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (b) An offense under this section is punishable as provided by Section 106.071.
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  • Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR (a) 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. (b) An offense under this section is punishable as provided by Section 106.071.
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  • Sec.106.04. CONSUMPTION OF ALCOHOL BY A MINOR (a) A minor commits an offense if he consumes an alcoholic beverage. (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. (c) An offense under this section is punishable as provided by Section 106.071. (d) A minor who ...
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  • Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR (a) A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. (b) An offense under this section is punishable as provided by Section 106.071.
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  • Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07. (b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously ...
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  • Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (c) If it is shown at the trial of the ...
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  • Sec. 106.01. DEFINITION In this code, "minor" means a person under 21 years of age.
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  • Sec. 106.03. SALE TO MINORS (a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely 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 ...
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  • Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR (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 ...
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  • Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR (a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. (b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the ...
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  • Sec. 106.08. IMPORTATION BY A MINOR No minor may import into this state or possess with intent to import into this state any alcoholic beverage.
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  • Sec. 106.09. EMPLOYMENT OF MINORS (a) Except as provided in Subsections (b) and (c) of this section, no person may employ a person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so. (b) A holder of a wine only package store permit may employ a person 16 years old or older to work in any capacity. (c) A holder of a mixed beverage permit may employ a ...
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  • Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE SUSPENSION (a) On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Commission on Alcohol and Drug Abuse. On conviction of ...
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  • Sec. 106.116. REPORTS OF COURT TO COMMISSION Unless the clerk is otherwise required to include the information in a report submitted under Section 101.09, the clerk of a court, including a justice court, municipal court, or juvenile court, shall furnish to the commission on request a notice of a conviction of an offense under this chapter or an adjudication under Title 3, Family Code, for conduct ...
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  • Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC SAFETY (a) Each court, including a justice court, municipal court, or juvenile court, shall furnish to the Department of Public Safety a notice of each: (1) adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter; (2) conviction of an offense under this chapter; (3) order of deferred disposition for ...
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  • DWI / DUI Defense Attorney The Alcoholic Beverage Code Sections Referencing Minors § 106.01 DEFINITIONS § 106.02 PURCHASE OF ALCOHOL BY A MINOR § 106.025 ATTEMPT TO PURCHASE ALCOHOL BY A MINOR § 106.03 SALE TO MINORS § 106.04 CONSUMPTION OF ALCOHOL BY A MINOR § 106.041 DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR § 106.05 POSSESSION OF ...
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