Alcoholic Beverage Code.

The code’s offenses depend on a handful of defined words. An alcoholic beverage is alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, that can be used as a beverage either alone or when diluted. That threshold is low on purpose. Almost anything a person drinks for its alcohol is covered.

A minor, in this code, is a person under 21 years of age. Do not confuse this with the Penal Code or the Family Code, where the important ages are 17 and 18. A 19 year old is an adult for most criminal law and a minor for alcohol.

A licensee holds a license and a permittee holds a permit. In both definitions the word also covers the holder’s agent, servant or employee. So the bartender or clerk who makes an illegal sale is a licensee or permittee for the purposes of the code.

An illicit beverage is an alcoholic beverage that is made, sold, stored, possessed or transported in violation of the code, or on which state tax has not been paid, or that is held with intent to do any of those things in violation of the code. This term matters because your seizure and arrest powers in the next objective are tied to it.

When the code makes something an offense but names no specific penalty, the general penalty applies: a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or confinement in the county jail for not more than one year, or both.

Enforcing this code is not just the job of the Texas Alcoholic Beverage Commission. All peace officers in the state, including those of cities, counties and the state, shall enforce the code and cooperate with and assist the commission in detecting violations and apprehending offenders.

You may arrest without a warrant any person you observe violating any provision of the code or any rule of the commission. When you do, you shall take possession of all illicit beverages the person has in their possession or on their premises.

Illicit beverages carry their own powers. Without a warrant you may seize an illicit beverage with its container and packaging, any vehicle used to transport it (including an aircraft or watercraft), and any equipment or material for manufacturing it. You may also arrest without a warrant any person found in possession of an illicit beverage or of that equipment or material.

A seizure creates a paperwork duty with real penalties. You must make a report in triplicate listing each item seized, the place, and the name of the owner, operator or other person it was seized from. One copy is verified by oath and kept in the permanent files of the seizing agency. One copy goes to the person the items were seized from. Making a false report of the property seized is a felony, punishable by two to five years. Failing to file the report is a misdemeanor.

Seized alcoholic beverages may not be replevied, meaning the owner cannot get them back through a court writ. They are destroyed or disposed of by a peace officer, or delivered to the commission for sale.