cavscout96 said:
theNetSmith said:
australopithecus robustus said:
cavscout96 said:
Has this actually happened?
Is it in any sort of published guidance?
Been this way quite a while and locally they run undercover stings with body cams.
https://open.texas.gov/uploads/files/organization/opentexas/OpenTexas-Checklist-Bars.pdf
from the link:
Quote:
As recommended by the bar and nightclub industry, keep dance floors closed. Activities that enable close human contact are discouraged.
my question is, how is this a TABC enforcement issue. just because its a bar does not mean TABC enforces fire code, or food sanitation. How is it that they have any sort of purview on social distancing.
Could they be fined? I'm sure, by the municipality, or county. Can TABC yank their license? Unlikely.
With all due respect, the TABC can ABSOLUTELY yank Mixed Beverage permits for 30 days for infractions against that guidance. It's under Governor executive emergency order. There are many statewide cases of the TABC doing this.
Alternatively, TABC has a catch all infraction called "place and manner" which is tailored to give them teeth to write administrative cases on permittes basically up to the agents judgement. Under place and manner, they can't rip the permit off the wall, but they can ask for suspension or cancellation.
The general population seemingly is not privy to the scope of the alcoholic beverage code and the power TABC can wield, and why would they be? As someone associated with the industry, it's part of my job to know it and have awareness to TABC posture. Although they are less draconian than they were in the 80's-90's, they still have absolute control over the industry. What it boils down to is that a Mixed Beverage Permit is a privilege, not a right. So, one shouldn't apply the thinking that normal civil rights and due process are used for TABC violations. Like civil law, the alcoholic beverage code operates on a preponderance of the evidence rather than innocent until proven guilty.