It is a fundamental requirement of any Texas establishment that wants to sell alcohol that it successfully obtain a license from the state to do so. That license is granted by the Texas Alcoholic Beverage Commission (TABC), which was initially established in 1935 to regulate, inspect, and tax the sale, use, and production of alcoholic beverages. These days the Commission exists under the auspices of the 1977 Alcoholic Beverage Code for the same purposes. It is never good news for an establishment to find itself accused of violating the Texas Alcoholic Beverage Code.
The TABC’s regulation of alcohol covers every aspect of Texas’s alcoholic beverages industry. TABC is granted the power to:
- regulate sales,
- set and maintain taxation,
- regulate manufacturing,
- control transporting of alcoholic beverages,
- control importing of alcoholic beverages,
- regulate the advertising of alcoholic beverages,
- permit and license for the sales and serving of alcoholic beverages.
Naturally the process to apply for a permit to sell is complicated and tends to take some time: 45-60 days generally pass between applying for and obtaining a permit, according to the Commission. A good deal of the play in that length of time is down to either differences in the types of licenses establishments may apply for, or the types of certification a municipal government may require of the establishment. These various sub-licenses can take time and cost a bit of money to obtain. And the cost of training employees to adhere to the dictates of all these licenses goes without saying.
Even despite all that training, formal complaints are possible. Any notification of a complaint received from TABC should spur you into immediate action. From the get-go of the complaint process—and whether or not you believe there is basis for the complaint made against the establishment—it is up to you to take every possible action to get the complaint dismissed. And your very first step should be to call an experienced professional license defense attorney, like us here at BERTOLINO LLP, as soon as you are able. Failing to do so may well mean the loss of your license to sell alcoholic beverages.
Professional License Defense
BERTOLINO LLP provides aggressive advocacy for establishments and professionals who are facing disciplinary action before a licensing body—for any reason. We know how to build a strong case to protect your license—and your livelihood. We highly recommend that no professional attempt to handle a complaint made against their license without the aid of a professional license defense attorney.
Our law firm helps professionals like you keep their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action, contact us today or call (512) 476-5757 and schedule a case evaluation.