Our liquor lawyers regularly represent hospitality industry businesses throughout Texas, and we’re able to get the best results for our clients because we’re intimately familiar with the Texas Alcoholic Beverage Code, TABC’s Rules, and the overall violation appeal process. TABC violations are not only costly, but can also put a business’ TABC permit in jeopardy.
TABC violations can also negate the Safe Harbor Defense, a valuable defense for businesses when TABC alleges a violation for sale to intoxicated person, sale to a minor, permitting a minor to consume, or sale to a non-member (for private club permit holders). TABC Rule §34.20(a) requires that a TABC permit holder assert the Safe Harbor Defense within 10 days of receiving a Notice of Violation from the TABC. Successfully asserting this defense results in these violations being restrained, meaning there is no suspension or penalty and the violation is not attributable to the permit holder business.
Violations settled with the TABC can affect a parallel civil suit in the event the business is sued under the Texas Dram Shop Act. Businesses can, and oftentimes should, contest violations alleged by TABC. Many times TABC violations are dismissed even before being set for hearing with the State Office Of Administrative Hearings (SOAH).
Our TABC law attorneys know exactly how to evaluate an alleged violation by the TABC and determine the likelihood of either getting the violation dismissed or prevailing at a hearing. We are among the best qualified attorneys in Texas at representing businesses as it relates to TABC violations. First, we try to get the TABC to dismiss violations informally. If that is unsuccessful, we will either proceed to hearing and advocate on your behalf, or help you determine the best settlement options for your business.
Contact us today for any of your TABC violation needs.
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