TABC Certification

TABC certification, or the Texas Alcoholic Beverage Commission certification, is something that every employer should get in order to protect his business from fines. Note that the employer himself does not need to hold the certification in order to take advantage of the benefits under the TABC.

Requirements for Availing of Protection under TABC Certification

According to Section 106.14 of the Texas Alcoholic Beverage Code, in the case of sale or service of an alcoholic beverage to a minor, intoxicated person or a person who is not a member of a private club on the club premises… “the actions of an employee shall not be attributable to the employer” only if the following conditions concur:

* The employer requires its employees to attend a commission approved seller training program
* The employee has actually attended a training program
* The employer has not directly or indirectly encouraged the employee to violate the law

In simpler terms, this means that if your employees who sell, serve, and prepare alcoholic beverages have a TABC certification on seller training by the Texas Alcoholic Beverage Commission, then the penalties relating to violations of the above law will be taken against the employees and not on the business. This means that you will not be liable if your employee decides to serve alcoholic drinks to a minor, intoxicated person, or a person who is not a member of a private club on the club premises.

Note, however, the following additional requirements before your business can be held not liable for any violations:

* These employees, including their immediate managers are currently seller/server certified with a TABC certification
* The person selling or serving has a current valid certification
* The management has posted policies and procedures prohibiting sales to minors and intoxicated persons and the employees read and understand them
* The person selling is not the owner or an officer of the licensee or permittee
* Management has not in any way encouraged these type of sales
* There are not more than two of these type of violations within a twelve month period.

A further condition is also imposed: if the violations result in injury or death, then TABC will probably cancel your license. This is so even if you meet the above requirements.

Why TABC Certification is Important

Over the past several years, many businesses or licensees to sell alcoholic beverages have been the subject of collection for damages in alcohol liability lawsuits. Whether the suits have been settled in or out of court, the collection for damages is always present and they include everything from auto accidents, teen pregnancy, sexually transmitted diseases, rapes, and fights.

A TABC certification for your employees is your best defense against such alcohol liability suits.