CSLB General Building (B) — All Questions
← Back to practice80 questions
What is the primary purpose of the Texas Alcoholic Beverage Commission (TABC)?
- a.To set the retail price of alcoholic beverages statewide
- b.To regulate and supervise the alcoholic beverage industry in Texas and promote public safety✓
- c.To collect federal excise taxes on imported liquor
- d.To license restaurants for food safety inspections
The TABC is the state agency created to regulate every phase of the alcoholic beverage industry in Texas, from manufacturing to retail sale. Its core mission is protecting public safety and welfare, not price-setting or food inspection. It enforces the Texas Alcoholic Beverage Code.Texas Alcoholic Beverage Code
The body of state law that governs the sale and service of alcohol in Texas is known as the:
- a.Texas Penal Beverage Statute
- b.Federal Liquor Control Act
- c.Texas Alcoholic Beverage Code✓
- d.Texas Retail Commerce Code
The Texas Alcoholic Beverage Code is the comprehensive set of state statutes governing manufacture, distribution, sale, and service of alcohol. TABC is the agency that administers and enforces this Code. Seller-servers are legally responsible for following it.Texas Alcoholic Beverage Code
A seller-server certification issued after completing a TABC-approved training program is valid for how long?
- a.Two years✓
- b.Six months
- c.Ten years
- d.For life
A TABC seller-server certificate is valid for two years from the date of issuance. After it expires the employee must retake an approved course to stay certified. Keeping certification current is part of protecting the safe-harbor defense.Texas Alcoholic Beverage Code
Under the Texas Dram Shop law, a business or its employee can be held civilly liable when they serve alcohol to a person who:
- a.Orders more than two drinks in one visit
- b.Was obviously intoxicated to the point of presenting a clear danger, and that person later causes harm✓
- c.Is a first-time customer without a membership
- d.Pays with cash instead of a card
The Texas Dram Shop Act allows a business and its servers to be sued when they serve someone who was obviously intoxicated and presented a clear danger to themselves or others, and that person later injures someone. Liability turns on obvious intoxication, not on drink count or payment method. This is why recognizing intoxication is critical.Texas Dram Shop Act
The legal 'safe harbor' defense can protect an employer from Dram Shop liability only if all of the following are true EXCEPT:
- a.The employer required its employees to attend a TABC-approved seller-server training program
- b.The employee who served was actually certified
- c.The employer guaranteed no customer would ever become intoxicated on the premises✓
- d.The employer did not directly or indirectly encourage the employee to violate the law
Safe harbor requires that the employer required approved training, the employee was certified, and the employer did not encourage breaking the law. No employer can guarantee that no patron ever becomes intoxicated, so that is not a safe-harbor element. Safe harbor shifts liability away from the owner when these conditions are met.Texas Dram Shop Act
A seller-server sells alcohol to a customer who is obviously intoxicated. Which statement about liability is correct?
- a.The individual seller-server can be personally charged, separate from any action against the business's license✓
- b.Only the business, never the employee, can face consequences
- c.No one is liable unless the customer files a complaint
- d.Liability applies only if the customer drives afterward
In Texas the individual employee who serves an intoxicated person can be personally charged with a criminal offense, independent of any administrative action against the licensee. Both the person and the business face separate consequences. This is why the server, not just the owner, must refuse improper service.Texas Alcoholic Beverage Code
It is illegal in Texas for a seller-server to sell an alcoholic beverage to which of the following?
- a.A person who is obviously intoxicated
- b.A minor under 21
- c.A person the seller knows will illegally give it to a minor
- d.All of the above✓
The Code prohibits selling to an obviously intoxicated person, to a minor under 21, and to an adult the seller knows will pass it to a minor. Each of these is a separate offense a seller-server can commit. Knowing all prohibited sales is central to the job.Texas Alcoholic Beverage Code
Selling or serving an alcoholic beverage to a minor in Texas is generally classified as what level of criminal offense for the seller?
- a.A federal felony
- b.A Class A misdemeanor✓
- c.A non-criminal parking-style ticket
- d.No offense at all
Selling alcohol to a minor is typically a Class A misdemeanor in Texas, which can carry a substantial fine and possible jail time. It is a criminal charge against the individual, not merely a citation. The business also faces administrative penalties against its permit.Texas Alcoholic Beverage Code
Which of the following is an ADMINISTRATIVE (rather than criminal) consequence of illegal alcohol sales?
- a.Jail time for the server
- b.A personal criminal record for the bartender
- c.Suspension or cancellation of the business's TABC permit✓
- d.A public-intoxication arrest of the customer
Administrative penalties are actions TABC takes against the license or permit itself, such as fines, suspension, or cancellation. Criminal penalties, like jail or a personal record, apply to individuals through the courts. A single incident can trigger both tracks at once.Texas Alcoholic Beverage Code
A customer becomes loud and disoriented, then walks outside onto a public sidewalk where they can barely stand. In Texas this customer may be subject to arrest for:
- a.Public intoxication, if they may endanger themselves or others✓
- b.Nothing, because intoxication is never a crime
- c.Trespassing only
- d.A federal alcohol violation
Public intoxication applies when a person is intoxicated in a public place to the degree they may endanger themselves or another person. It is the customer's own offense, but it also signals the server likely over-served. Documenting the situation protects the establishment.Texas Alcoholic Beverage Code
During legal hours, a seller-server may still refuse to sell alcohol to a customer. Which statement is true?
- a.A seller must sell to anyone of legal age who asks
- b.A seller-server always has the right to refuse service to protect safety and stay within the law✓
- c.Refusing service is itself illegal
- d.Only a manager may ever refuse a sale
A seller-server always retains the right and the duty to refuse a sale that would break the law or endanger someone, such as service to an intoxicated or underage person. No law forces a server to complete a sale. Refusal is a core tool for legal compliance.Texas Alcoholic Beverage Code
Which of the following is a legitimate reason to refuse a legal-age, sober adult... actually to refuse ANY sale under the Code?
- a.The customer appears intoxicated
- b.The customer cannot show valid proof they are 21
- c.The seller believes the alcohol will be given to a minor
- d.Any of the above✓
A seller-server should refuse when the customer is intoxicated, cannot prove they are 21, or is likely to hand the alcohol to a minor. Any single one of these is enough to justify and require refusal. Refusing in these cases is exactly what the law expects.Texas Alcoholic Beverage Code
A bartender knowingly serves a visibly drunk regular 'because he's a good tipper.' Later that patron injures someone driving home. Which best describes the bartender's exposure?
- a.None, because tips are legal
- b.Only the owner can be sued
- c.The bartender may face both criminal charges for illegal service and civil Dram Shop liability✓
- d.The bartender is protected because the patron chose to drive
Knowingly serving an obviously intoxicated patron exposes the bartender to a criminal charge for illegal service and to civil liability under the Dram Shop Act if that patron then harms someone. The patron's own choice to drive does not erase the server's responsibility. Good tips are never a defense.Texas Alcoholic Beverage Code
The TABC has the authority to do which of the following to a business that repeatedly violates the Code?
- a.Fine, suspend, or cancel its permit✓
- b.Seize the owner's personal home
- c.Deport the owner
- d.Nothing; only local police can act
TABC's administrative authority includes fining a permit holder and suspending or canceling the permit for violations. These are civil administrative remedies aimed at the license. Serious or repeated violations can end a business's ability to sell alcohol.Texas Alcoholic Beverage Code
A patron asks to buy one more beer at 12:15 a.m. on a Tuesday at a bar that has standard hours and no late-hours permit. What should the seller-server do?
- a.Serve it quickly before anyone notices
- b.Refuse, because the legal hours of sale have ended✓
- c.Serve it only if the patron drinks it in the parking lot
- d.Serve a double instead to save time
Standard on-premise sales on weeknights end at midnight, so a 12:15 a.m. sale would violate the hours-of-sale rules unless the business holds a late-hours permit. The seller must refuse the late sale. Selling outside legal hours is a Code violation for both the server and the permit holder.Texas Alcoholic Beverage Code
Which statement about the seller-server's legal duty is MOST accurate?
- a.Responsibility ends the moment the drink leaves the bar
- b.Only law enforcement is responsible for intoxicated patrons
- c.The seller-server shares legal responsibility for preventing illegal sales and over-service✓
- d.The customer alone bears all legal responsibility
Texas law places direct responsibility on the seller-server to prevent illegal sales, including to minors and intoxicated patrons. That responsibility is shared, not transferred entirely to police or the customer. Understanding this duty is the foundation of the certification.Texas Alcoholic Beverage Code
A guest is drinking heavily and mentions they are driving home. The server keeps serving. The Dram Shop Act is most concerned with which factor at the time of service?
- a.Whether the guest was already obviously intoxicated when served✓
- b.Whether the guest ordered an expensive drink
- c.Whether the guest paid a cover charge
- d.Whether the bar was crowded
Dram Shop liability hinges on whether the person was obviously intoxicated and a clear danger at the moment they were served. The guest's plan to drive raises the stakes but the legal test is the obvious intoxication at service. That is why servers must watch for and act on signs of intoxication.Texas Alcoholic Beverage Code
TABC certification benefits a seller-server by:
- a.Teaching how to recognize intoxication and check IDs
- b.Helping the employer qualify for the safe-harbor defense
- c.Reducing the server's risk of criminal and civil liability
- d.All of the above✓
Certification trains servers to spot intoxication and fake IDs, supports the employer's safe-harbor protection, and lowers the server's own legal exposure. All of these are real benefits of being certified. This is why Texas encourages seller-server training.Texas Alcoholic Beverage Code
If a business does NOT require its employees to be trained and certified, how does that affect the safe-harbor defense after an over-service lawsuit?
- a.It strengthens the defense
- b.It generally defeats the safe-harbor defense, leaving the employer exposed✓
- c.It has no effect at all
- d.It automatically wins the case
Requiring approved training and having certified employees are core conditions of safe harbor. If the employer never required training, it cannot claim the defense and remains exposed to Dram Shop liability. This is a key business reason to certify every server.Texas Alcoholic Beverage Code
A seller-server notices a coworker regularly serving obviously drunk patrons. What is the best course of action?
- a.Ignore it, since it is not their station
- b.Join in to avoid conflict
- c.Report the concern to management so the illegal over-service can be stopped✓
- d.Wait until someone gets hurt
Over-service endangers the public and exposes the whole business to liability, so the concern should be reported to management promptly. Waiting for harm to occur only increases legal and safety risk. Protecting patrons is a shared responsibility among all staff.Texas Alcoholic Beverage Code
Which of the following most accurately describes 'over-service'?
- a.Continuing to serve alcohol to a patron who is or is becoming intoxicated✓
- b.Serving food alongside drinks
- c.Serving a patron more than one type of beverage
- d.Serving drinks faster than the kitchen serves food
Over-service means providing additional alcohol to someone who is already intoxicated or clearly heading there. It is both a safety hazard and a legal violation under the Code. Preventing over-service is a central skill for seller-servers.Texas Alcoholic Beverage Code
Under the Dram Shop Act, who can potentially be held liable for injuries caused by an over-served, intoxicated patron?
- a.Only the individual server
- b.Only the business permit holder
- c.Neither, if the patron drove
- d.Both the individual server and the permitted business✓
Both the individual server and the permitted business can be named in a Dram Shop suit for injuries caused by an over-served patron. Liability is not limited to just one party. Certification and safe-harbor compliance are the main defenses.Texas Dram Shop Act
A first-time customer politely asks why you will not sell them a sixth shot in 30 minutes. The most legally sound explanation is:
- a.'Company policy says five drinks maximum, sorry.'
- b.'I can't legally keep serving someone who is showing signs of intoxication.'✓
- c.'The manager doesn't like you.'
- d.'We're out of that liquor.'
The lawful basis for refusal is that continuing to serve an intoxicated person violates the Code and creates liability. Framing it around the law keeps the interaction professional and defensible. Servers should refuse calmly and honestly rather than inventing excuses.Texas Alcoholic Beverage Code
Criminal and administrative penalties for illegal alcohol sales in Texas are:
- a.The same single penalty
- b.Only applied to customers
- c.Two separate tracks that can both apply to one incident✓
- d.Never enforced in practice
Criminal penalties target individuals through the courts while administrative penalties target the permit through TABC, and both can arise from a single illegal sale. They operate independently of each other. A server can be prosecuted while the business is separately fined or suspended.Texas Alcoholic Beverage Code
A seller-server's best overall protection against personal liability is to:
- a.Consistently follow the law: check IDs, refuse minors and intoxicated patrons, and stop over-service✓
- b.Keep no records at all
- c.Rely on customers to police themselves
- d.Serve quickly to reduce time with each guest
Following the law every time, including ID checks and proper refusals, is the surest protection for a seller-server. Consistent compliance reduces both criminal and civil exposure. Cutting corners for speed only increases risk.Texas Alcoholic Beverage Code
Which of the following would violate Texas hours-of-sale rules at a standard-permit on-premise bar?
- a.Serving a beer at 8:00 p.m. on Thursday
- b.Serving wine at 11:00 p.m. on Friday
- c.Serving a cocktail at 10:00 a.m. Saturday
- d.Serving a shot at 1:30 a.m. Wednesday with no late-hours permit✓
Weeknight on-premise sales end at midnight under standard hours, so serving at 1:30 a.m. Wednesday without a late-hours permit is a violation. The earlier-evening examples fall within legal hours. Sellers must know their establishment's permitted hours.Texas Alcoholic Beverage Code
If TABC investigators observe a bartender serving a visibly intoxicated undercover officer, the likely result is:
- a.A reward for good service
- b.Possible criminal charges against the bartender and administrative action against the permit✓
- c.Nothing, because it was an officer
- d.Only a verbal warning with no record
TABC uses compliance operations, and serving an obviously intoxicated person can lead to criminal charges for the server and administrative penalties against the permit. The fact that the patron was an undercover officer does not excuse the illegal service. Servers must apply the same standards to every guest.Texas Alcoholic Beverage Code
A manager tells a new server, 'Just serve everyone fast and don't worry about the law — that's my problem.' Why is this advice dangerous for the server?
- a.It isn't; the manager takes on all liability
- b.The server can never be charged individually
- c.Only the customer can be penalized
- d.The individual server can still face criminal charges and civil liability regardless of what a manager says✓
Under Texas law the seller-server is personally responsible for illegal sales and over-service, and a manager's instructions do not shield them. The server can be criminally charged and named in a Dram Shop suit even if told to ignore the law. Following the Code protects the server no matter what a supervisor says.Texas Alcoholic Beverage Code
A patron is slurring their words, stumbling on the way to the bar, and now orders another drink. What should the seller-server do?
- a.Serve one more, since they already paid
- b.Serve a stronger drink to 'get it over with'
- c.Politely refuse further alcohol service and offer water, food, or help with a ride✓
- d.Ignore the signs and keep the line moving
Slurred speech and stumbling are clear signs of intoxication, so the server must stop alcohol service. Offering water, food, and a safe ride helps de-escalate and keeps the patron safe. Continuing to serve would be illegal over-service and create Dram Shop liability.
In the U.S., one 'standard drink' of beer, wine, or distilled spirits contains roughly the same amount of pure alcohol. Which set is approximately equivalent?
- a.12 oz of regular beer, 5 oz of wine, and 1.5 oz of 80-proof liquor✓
- b.16 oz of beer, 10 oz of wine, and 4 oz of liquor
- c.8 oz of beer, 2 oz of wine, and 0.5 oz of liquor
- d.24 oz of beer, 12 oz of wine, and 6 oz of liquor
A standard drink is about 12 oz of 5% beer, 5 oz of 12% wine, and 1.5 oz of 40% (80-proof) spirits, each containing roughly the same pure alcohol. Knowing drink equivalents helps servers track how much a patron has actually consumed. A single strong cocktail can equal two or more standard drinks.
On average, a healthy adult's body eliminates alcohol at a rate of about:
- a.One standard drink every 10 minutes
- b.One standard drink per hour✓
- c.Five standard drinks per hour
- d.It varies so much it cannot be estimated at all
The liver processes alcohol at roughly one standard drink per hour, and this rate cannot be sped up by coffee, water, or a cold shower. This is why a patron who drinks faster than one per hour will keep getting more intoxicated. Only time truly lowers BAC.
Which of the following factors can affect how quickly a person's blood alcohol concentration (BAC) rises?
- a.Body weight
- b.Whether they have eaten food
- c.How fast they are drinking
- d.All of the above✓
BAC is influenced by body weight, food in the stomach, drinking rate, gender, and time, among other factors. A lighter person drinking quickly on an empty stomach reaches a higher BAC faster. Servers cannot rely on drink count alone and must watch observable signs.
Two patrons each drink three beers in one hour. One is a large man and one is a smaller woman. Which is generally true?
- a.They will have identical BAC
- b.The larger man will usually have a higher BAC
- c.The smaller woman will usually reach a higher BAC than the larger man✓
- d.Food and body size make no difference
For the same amount of alcohol, a smaller person and, on average, a woman will typically reach a higher BAC than a larger man. Body weight and body composition affect how alcohol is distributed. Servers should judge each patron individually rather than assuming equal tolerance.
A patron who has eaten a full meal before drinking will generally:
- a.Absorb alcohol more slowly than someone drinking on an empty stomach✓
- b.Absorb alcohol faster
- c.Never become intoxicated
- d.Eliminate alcohol twice as fast
Food in the stomach slows the absorption of alcohol into the bloodstream, so BAC rises more gradually. However, food does not prevent intoxication or speed up elimination. A patron eating while drinking can still become fully intoxicated over time.
Which of the following is primarily a PHYSICAL (rather than behavioral) sign of intoxication?
- a.Becoming unusually argumentative
- b.Bloodshot, glassy eyes and loss of coordination✓
- c.Bragging loudly about money
- d.Buying rounds for strangers
Bloodshot glassy eyes and loss of coordination are physical signs the body shows as BAC rises. Argumentativeness and loud bragging are behavioral changes. Servers watch for both categories, but physical signs like stumbling are strong indicators to stop service.
A regular who is normally quiet becomes loud, overly friendly, and starts making risky jokes after several drinks. This change is best described as:
- a.A physical sign only
- b.Irrelevant to service decisions
- c.A behavioral sign of intoxication that should raise concern✓
- d.Proof the patron is completely sober
A noticeable shift in behavior, such as a quiet person becoming loud and uninhibited, is a behavioral sign of intoxication. Lowered inhibitions often appear before obvious physical impairment. Servers should slow or stop service when behavior changes markedly.
A patron orders their fourth double whiskey within an hour. In standard-drink terms, roughly how much alcohol is that?
- a.About 2 standard drinks
- b.About 4 standard drinks
- c.About 6 standard drinks
- d.About 8 standard drinks✓
A double is about two standard drinks, so four doubles equal roughly eight standard drinks in one hour. Since the body clears only about one drink per hour, this patron is accumulating alcohol rapidly. This pace is a strong warning sign to stop service.
A patron slumps at the bar, struggles to keep their eyes open, and cannot follow the conversation. What is the appropriate response?
- a.Stop all alcohol service and take steps to ensure the patron gets home safely✓
- b.Serve a strong coffee and one more drink
- c.Let them sleep at the bar and keep serving their friends rounds for them
- d.Ask them to prove they are drunk before refusing
Difficulty staying awake and inability to follow conversation are serious signs of heavy intoxication requiring an immediate stop to service. The priority becomes the patron's safety, including arranging a safe ride. Serving friends who will pass drinks to this patron is also illegal.
Why is 'cutting off' a patron best done early, at the first solid signs of intoxication, rather than waiting?
- a.It increases sales
- b.Because BAC keeps rising after the last drink and the patron will only get more impaired✓
- c.Because the law requires exactly five drinks first
- d.Because coffee will sober them quickly anyway
Alcohol already consumed continues to absorb, so a patron's BAC can keep climbing even after their last drink. Cutting off early prevents the patron from reaching a dangerous level. Waiting makes the situation harder to manage and increases liability.
Which statement about coffee, water, or a cold shower and a drunk patron is correct?
- a.Coffee lowers BAC quickly
- b.A cold shower makes a person legally sober
- c.Only time reduces BAC; these may make a person more alert but still impaired✓
- d.Water eliminates alcohol from the blood instantly
Nothing but time actually lowers BAC because the liver processes alcohol at a fixed rate. Coffee or a shower might make someone feel more awake but they remain impaired and still cannot legally drive. Servers should not rely on these myths when deciding about a patron's safety.
A group orders a round, and one clearly intoxicated member of the group is not drinking themselves but a friend keeps ordering 'for the table.' Why is this a concern?
- a.It is not a concern at all
- b.The intoxicated person is fine as long as someone else orders
- c.Group orders are always illegal
- d.The friend may be buying drinks that will be passed to the already-intoxicated patron✓
Servers must watch for patrons ordering on behalf of an intoxicated person to get around a refusal. Alcohol that ends up with the intoxicated patron is still over-service. Monitoring where drinks actually go is part of preventing illegal service.
The legal BAC limit for driving while intoxicated for most adults 21 and over in Texas is:
- a.0.08✓
- b.0.15
- c.0.02
- d.0.10
For most drivers 21 and older, a BAC of 0.08 or higher meets the legal threshold for driving while intoxicated. However, a person can be impaired and unsafe to serve well below that number. Servers should base service decisions on observable signs, not on estimating an exact BAC.
A patron shows several signs of intoxication but insists 'I'm fine, I do this every weekend.' High tolerance means:
- a.They have a lower BAC than others
- b.They may not appear as impaired even though their BAC and impairment are still high✓
- c.They are legally safe to keep serving
- d.Alcohol affects them less internally
Tolerance can mask outward signs, but the person's BAC and physical impairment are still elevated and their driving is still affected. A high-tolerance patron who has clearly been drinking heavily should still be cut off. Servers cannot rely on a patron's self-assessment.
Which sequence best reflects how signs of intoxication often progress as BAC rises?
- a.Passing out first, then talkative
- b.Perfect coordination throughout, then sudden collapse
- c.Lowered inhibitions and talkativeness, then impaired judgment, then loss of coordination and reaction time✓
- d.No signs until legally drunk, then all at once
Intoxication often begins with lowered inhibitions and talkativeness, moves to impaired judgment, and then to visible loss of coordination and slowed reactions. Recognizing the early stages lets a server intervene before a patron is dangerously impaired. Waiting for the final stage is far riskier.
A patron drinks four standard drinks in the first hour and then nurses water for two more hours before asking to drive. Are they necessarily safe to drive now?
- a.Yes, three hours is always enough
- b.Yes, because they switched to water
- c.Yes, four drinks never causes impairment
- d.Not necessarily; the server should still consider signs of impairment and encourage a safe ride if in doubt✓
The body clears roughly one drink per hour, so several drinks may still leave measurable BAC after a few hours, and impairment varies by person. A responsible server judges by observable signs and errs on the side of a safe ride when unsure. Time helps, but it does not guarantee sobriety.
A seller-server suspects a patron is intoxicated but is not certain. The safest professional approach is to:
- a.Slow down service, offer water and food, and monitor closely before deciding to cut off✓
- b.Immediately serve a double to test them
- c.Assume they are fine and keep serving
- d.Refuse to speak to the patron at all
When unsure, a server can slow service, offer water and food, and observe the patron more closely before making a final decision. This buys time to assess and reduces the chance of over-serving. Testing a patron with a stronger drink would be reckless and illegal if they are intoxicated.
Why does drinking on an empty stomach lead to faster intoxication?
- a.Alcohol is destroyed by stomach acid
- b.Without food, alcohol passes more quickly into the bloodstream, raising BAC faster✓
- c.An empty stomach eliminates alcohol faster
- d.It has no effect on absorption
With no food to slow it, alcohol moves quickly from the stomach and small intestine into the bloodstream, so BAC rises faster. This is why a patron drinking on an empty stomach can become intoxicated more suddenly. Offering food can help slow absorption.
A patron becomes intoxicated and belligerent after you stop serving them. Your first priority is:
- a.Winning the argument about whether they are drunk
- b.Serving one more to calm them down
- c.Keeping everyone safe and calm while getting management or help if needed✓
- d.Following them outside to argue
When a cut-off patron becomes belligerent, safety comes first, which means staying calm, not escalating, and involving management or security. Serving another drink would be illegal and would worsen the situation. De-escalation and support protect both staff and guests.
Which combination of factors would cause the FASTEST rise in BAC for a given number of drinks?
- a.Large body, ate a full meal, drinking slowly
- b.Large body, drinking slowly over several hours
- c.Average body, moderate pace, with food
- d.Small body, empty stomach, drinking quickly✓
A smaller person drinking rapidly on an empty stomach will reach a high BAC fastest for the same number of drinks. Body size, food, and drinking rate all push in the same direction here. Servers should be especially attentive to patrons who fit this profile.
A patron who has clearly reached intoxication asks you to just 'hold' their card and keep a tab open for more drinks later. You should:
- a.Refuse further alcohol service and shift focus to their safety and a ride home✓
- b.Keep the tab open and serve whenever they ask
- c.Serve only beer since it is 'lighter'
- d.Serve them but water it down without telling them
Once a patron is intoxicated, no arrangement changes the duty to stop serving them alcohol. Beer is not a safe substitute because it still contains alcohol. The right move is to end service and help them get home safely.
A patron shows no obvious physical signs yet, but you have personally served them six standard drinks in about 90 minutes. What is the responsible interpretation?
- a.They must be sober since they look fine
- b.Their consumption strongly suggests rising intoxication, so service should slow or stop even before dramatic signs appear✓
- c.Drink count is meaningless
- d.You should serve faster to finish the tab
Six standard drinks in 90 minutes far exceeds the roughly one-per-hour the body can process, so intoxication is almost certainly building. Tracking consumption alongside observed signs gives an earlier warning than waiting for stumbling. A prudent server slows or stops service at this point.
A patron arrives already smelling of alcohol, unsteady on their feet, and slurring before ordering anything. What should the seller-server do?
- a.Serve one drink since they haven't had anything here yet
- b.Serve them but keep an eye on them
- c.Wait until they fall before acting
- d.Refuse alcohol service, because the patron already shows clear signs of intoxication✓
A patron who is already intoxicated on arrival cannot legally be served, even if they have not been served at this establishment yet. Unsteadiness and slurred speech are clear signs to refuse from the start. Offering water and help with a ride is the responsible next step.
In Texas, a 'minor' for purposes of buying, possessing, or consuming alcohol is any person under the age of:
- a.18
- b.19
- c.21✓
- d.25
In Texas a minor is anyone under 21 for alcohol purposes. Selling, serving, or making alcohol available to someone under 21 is illegal except in narrow statutory exceptions. Age 21 is the bright line every seller-server must apply.Texas Alcoholic Beverage Code
A customer who looks young hands you a driver license. The BEST practice for a seller-server is to:
- a.Physically examine the ID, confirm it is valid and unaltered, and calculate the age from the date of birth✓
- b.Glance at the photo only
- c.Trust the customer's word about their age
- d.Only check if the customer seems nervous
Good ID practice means handling the card, confirming it is a valid unaltered government ID, and doing the math on the birth date to confirm the person is 21. A quick glance or trusting the customer's word is not enough. Careful checks protect the server from liability.Texas Alcoholic Beverage Code
It is January 15, 2026. A customer's ID shows a date of birth of March 10, 2005. Are they 21 or older?
- a.Yes, they are already 21
- b.No, they will not turn 21 until March 10, 2026✓
- c.Yes, because 2026 minus 2005 is 21
- d.It cannot be determined from a birth date
Subtracting the years gives 21, but the birthday (March 10) has not yet occurred by January 15, 2026, so the customer is still 20. Age is only reached on the birthday itself, not at the start of the birth year. This customer must be refused alcohol.Texas Alcoholic Beverage Code
It is July 29, 2026. A customer presents an ID with a date of birth of July 29, 2005. What is their status?
- a.Still 20 until tomorrow
- b.Cannot be served because same-day birthdays don't count
- c.Only 20 years old
- d.Exactly 21 today and may be served if not intoxicated✓
On July 29, 2026, a person born July 29, 2005 turns exactly 21 that day and meets the legal age. As long as they are not intoxicated and the ID is valid, they may be served. The 21st birthday itself is the first day service is legal.Texas Alcoholic Beverage Code
It is June 1, 2026. An ID shows a date of birth of June 2, 2005. May this person be sold alcohol?
- a.Yes, they are 21
- b.Yes, close enough
- c.No, they are still 20 until June 2, 2026✓
- d.It depends on the state that issued the ID
On June 1, 2026, someone born June 2, 2005 is still 20 because their 21st birthday is the next day. Being one day short still means they are a minor and must be refused. Servers must check the exact birth date, not just the year.Texas Alcoholic Beverage Code
Which of the following is generally an ACCEPTABLE form of identification to verify a customer is 21?
- a.A valid, unexpired government-issued photo ID such as a driver license, state ID, passport, or military ID✓
- b.A photocopy of a friend's license
- c.A school library card
- d.A handwritten note from a parent
Acceptable IDs are valid, unexpired, government-issued documents with a photo, such as a driver license, state ID card, passport, or military ID. Photocopies, non-photo cards, and notes are not acceptable proof of age. When in doubt about the document, the server should refuse.Texas Alcoholic Beverage Code
While checking an ID, you notice the photo looks like someone else and the birth date numbers appear slightly raised and re-glued. What should you do?
- a.Accept it since it has a photo
- b.Refuse the sale and, per policy, involve management about the possible fake or altered ID✓
- c.Serve a smaller drink instead
- d.Ask the customer to guess their own zodiac sign and serve if correct
Signs like a mismatched photo and tampered birth date indicate a possibly fake or altered ID, so the sale must be refused. Following house policy, the server should notify management. Accepting a questionable ID exposes the server and business to liability.Texas Alcoholic Beverage Code
Which of the following can be a warning sign that an ID may be fake or altered?
- a.The photo does not match the person presenting it
- b.The card feels tampered, with peeling edges or uneven text
- c.The height, weight, or description clearly does not match the customer
- d.Any of the above✓
A mismatched photo, physical tampering, or a description that does not match the customer are all red flags for a fake or altered ID. Any one of them justifies refusing the sale and involving management. Careful inspection of the whole card, not just the photo, catches most fakes.Texas Alcoholic Beverage Code
A confident 20-year-old presents a real-looking ID belonging to their 24-year-old sibling. What is the seller-server's best defense against this?
- a.Serving quickly to avoid a scene
- b.Assuming siblings never share IDs
- c.Comparing the photo and physical description to the person, and asking questions if something doesn't match✓
- d.Only checking IDs after 10 p.m.
When someone uses another person's real ID, the server's protection is to compare the photo and the printed description to the actual customer and ask verifying questions. Discrepancies in appearance, height, or details can reveal the borrowed card. Refuse if the person cannot convincingly match the ID.Texas Alcoholic Beverage Code
Selling or serving alcohol to a minor in Texas is illegal. Which of the following is a recognized statutory exception in limited circumstances?
- a.A minor may be furnished alcohol by, and in the visible presence of, their adult parent, guardian, or spouse✓
- b.A minor may drink if they promise not to drive
- c.A minor may drink on their 20th birthday
- d.A minor may drink if a friend over 21 vouches for them
Texas law allows a narrow exception where a minor is furnished alcohol by their adult parent, legal guardian, or spouse and is in that adult's visible presence. Promises, birthdays, or a friend vouching are not exceptions. A seller-server should apply these exceptions cautiously and follow house policy.Texas Alcoholic Beverage Code
TABC and law enforcement sometimes run 'minor sting' or decoy operations. In these operations:
- a.The minor is required to lie about their age
- b.An underage person attempts to buy alcohol to test whether staff properly check ID and refuse✓
- c.Only the manager can be cited, never the server
- d.Servers are told in advance which customer is the decoy
In a minor sting, an underage decoy tries to buy alcohol, usually presenting their real ID or none, to test whether staff check and refuse properly. Servers are not warned, and the individual who makes the illegal sale can be cited. Consistent ID checks are the only reliable protection.Texas Alcoholic Beverage Code
During a suspected sting, an underage-looking customer truthfully says they are 19 and asks for a beer. The correct response is to:
- a.Serve it since they were honest
- b.Serve a non-alcoholic beer without telling them
- c.Refuse the alcohol sale because the customer is a minor✓
- d.Serve it if they leave a good tip
A customer who is under 21, even if honest about it, cannot legally be sold alcohol. The server must refuse regardless of a sting. Honesty about being underage does not create any exception to the law.Texas Alcoholic Beverage Code
Which of these is TRUE about minors and alcohol in Texas?
- a.It is illegal for a minor to purchase alcohol
- b.It is generally illegal for a minor to possess alcohol in public
- c.It is illegal for a minor to consume alcohol except in narrow legal exceptions
- d.All of the above✓
Texas law makes it illegal for minors to purchase, publicly possess, or consume alcohol, subject only to narrow exceptions. Each of these can be a separate offense. Seller-servers help enforce these rules by refusing sales and monitoring who is drinking.Texas Alcoholic Beverage Code
A patron who is clearly 21+ buys two beers, then immediately hands one to a visibly teenage companion at the table. What should the server do?
- a.Intervene, because providing alcohol to a minor is illegal, and stop serving that table if needed✓
- b.Do nothing, since the buyer was of age
- c.Bring the minor a menu
- d.Offer the minor a wine instead of beer
A legal-age buyer who passes alcohol to a minor creates an illegal furnishing situation the server must address. The server should intervene, retrieve or refuse the drink, and may stop service to the table. Adults cannot lawfully hand bar-purchased alcohol to minors who are not their own child, ward, or spouse in their presence.Texas Alcoholic Beverage Code
An out-of-state passport is presented that you cannot fully read, and you are unsure it is genuine. Best practice is to:
- a.Guess and serve if the photo looks right
- b.Refuse the sale if you cannot confirm the ID is valid and the person is 21✓
- c.Serve because passports are always valid
- d.Ask another customer to translate and decide
If you cannot verify that an ID is genuine and that the person is 21, the correct choice is to refuse the sale. It is better to refuse a legitimate customer than to make an illegal sale to a minor. Following house policy and involving management is appropriate when documents are unclear.Texas Alcoholic Beverage Code
It is December 20, 2026. A customer's ID shows a date of birth of December 21, 2005. Can they be served alcohol today?
- a.Yes, they are 21
- b.Yes, one day early is fine
- c.No, they turn 21 tomorrow and are still a minor today✓
- d.Only after 5 p.m.
On December 20, 2026, a person born December 21, 2005 is still 20 because their 21st birthday is the following day. Even a single day short of 21 means they must be refused. The exact birth date, not just the year, governs eligibility.Texas Alcoholic Beverage Code
Which practice best reduces a seller-server's risk when checking IDs?
- a.Checking ID for anyone who appears under a set age such as 30 or 40
- b.Physically handling and inspecting the card
- c.Calculating age from the date of birth every time
- d.All of the above✓
Carding everyone who looks under a generous age threshold, handling the card to inspect it, and calculating age from the birth date together form strong ID-check practice. Using all of these habits catches more fakes and underage attempts. Consistency across every customer is the key.Texas Alcoholic Beverage Code
A group of four young adults arrives and only two have IDs; the other two say they 'left theirs in the car' but want drinks now. The seller-server should:
- a.Only serve alcohol to those who present valid proof they are 21✓
- b.Serve all four since two showed ID
- c.Serve the two without ID if their friends vouch
- d.Serve everyone one drink while they go get the IDs
Each person consuming alcohol must individually show valid proof of being 21, so those without ID cannot be served. Friends vouching or promising to retrieve an ID is not acceptable proof. The server may serve only the patrons who present valid identification.Texas Alcoholic Beverage Code
After refusing service to an intoxicated patron who then caused a disturbance, why should the seller-server document the incident?
- a.To get the patron banned from all bars statewide
- b.To create an accurate record that can support the business and staff if questions or a lawsuit arise later✓
- c.Documentation is never necessary
- d.To post about it on social media
Writing down what happened, when, and what actions were taken creates a factual record that can protect the staff and business later. Good documentation supports the safe-harbor and Dram Shop defenses. It is a routine part of handling difficult incidents responsibly.
A refusal-of-service incident report is most useful when it includes:
- a.The time and date of the incident
- b.A factual description of the patron's behavior and signs of intoxication
- c.The actions staff took, such as refusing service and offering a ride
- d.All of the above✓
An effective incident report captures the time and date, objective observations of the patron's condition, and the steps staff took. Sticking to facts rather than opinions makes the record credible. Complete documentation strengthens the establishment's position if the incident is later questioned.
A patron becomes angry when you refuse further service. The safest way to handle the refusal is to:
- a.Stay calm and polite, keep a professional tone, and avoid arguing or embarrassing the patron✓
- b.Loudly announce to the whole bar that they are cut off
- c.Physically remove them yourself immediately
- d.Mock them until they leave
Refusing service calmly and discreetly reduces the chance of confrontation and keeps everyone safer. Publicly embarrassing or physically confronting a patron tends to escalate the situation. A professional, low-key approach is both safer and more effective.
When a refusal starts to escalate beyond what the seller-server can safely handle, the best step is to:
- a.Handle it entirely alone to avoid bothering anyone
- b.Serve one more drink to defuse it
- c.Involve a manager or security to help manage the situation✓
- d.Leave the floor and hide
When a situation exceeds what one server can safely manage, bringing in a manager or security provides backup and helps de-escalate. Serving another drink would be illegal and counterproductive. Team support keeps both staff and patrons safe.
An intoxicated patron insists on driving home. The most responsible action for the seller-server and staff is to:
- a.Hand over the keys and wish them luck
- b.Offer and help arrange safe alternate transportation, such as a rideshare, taxi, or sober friend✓
- c.Let them drive since it is their choice
- d.Only stop them if they are a stranger
Helping arrange a safe ride, whether a rideshare, taxi, or sober companion, protects the patron and the public. Allowing an obviously intoxicated person to drive exposes them and others to serious harm and the business to liability. Offering transportation options is a key part of responsible service.
Which of the following belongs in good record-keeping practices for a seller-server establishment?
- a.Incident reports for refusals and over-service situations
- b.Notes on actions taken to help intoxicated patrons get home safely
- c.Records showing staff completed TABC-approved training
- d.All of the above✓
Solid record-keeping includes incident reports, notes on safety actions taken, and proof that staff completed approved training. Together these records support both operations and legal defenses. Maintaining them consistently is part of a responsible service program.
A patron passes out at a table. Beyond stopping service, the staff's FIRST concern should be:
- a.The patron's health and safety, seeking medical help if the person cannot be roused✓
- b.Getting them to sign a tab
- c.Taking a photo for the staff group chat
- d.Waking them just enough to order another round
A patron who cannot be roused may have a medical emergency, so their health and safety come first, including calling for medical help when needed. Documentation and other steps follow once the person is safe. Never attempt to continue serving someone in this condition.
Why is it important that refusal and incident decisions be backed by management involvement and clear policy?
- a.So servers can blame each other later
- b.Because policies are only for show
- c.Consistent policy and management support protect staff, ensure fair treatment, and strengthen legal defenses✓
- d.So the business can avoid ever refusing anyone
Clear house policy and management support give servers consistent guidance, protect them when they make correct refusals, and bolster the establishment's legal position. This consistency also ensures patrons are treated fairly. It is a foundation of a responsible service program.
When writing an incident report about a cut-off patron, the seller-server should record:
- a.Personal opinions about the patron's character
- b.Objective, factual observations such as slurred speech, stumbling, and the time service was refused✓
- c.Only the amount of the unpaid tab
- d.Nothing, to avoid creating evidence
Incident reports should stick to objective, observable facts like specific signs of intoxication and the time of refusal. Opinions about a patron's character weaken the record and can create problems. Factual, timely documentation is what protects staff and the business.
A patron you cut off asks a sober friend to drive them home, and the friend agrees. The seller-server should:
- a.Refuse to let anyone leave
- b.Insist the intoxicated patron drive their own car
- c.Do nothing and walk away
- d.Support the safe ride, and note in the incident record that alternate transportation was arranged✓
Encouraging and supporting a safe ride with a sober friend is exactly the responsible outcome, and noting it in the record documents that staff acted properly. This protects the patron and reinforces the establishment's defense. Helping arrange safe transport is a core seller-server responsibility.