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 How can Safe Harbor Protect My Business?
The Texas Alcoholic Beverage Commission (TABC) encourages retailers to require their employees who sell or serve alcoholic beverages to attend a seller training course through the "Safe Harbor Act." The TABC will not take administrative action against a license/permit when an employee sells or serves an alcoholic beverage to a minor or intoxicated customer, as long as:
- the person selling is not the owner or an officer of the licensee or permittee;
- the person selling holds a current seller training certification;
- all employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers, are currently certified;
- the licensee/permittee posts policies for Responsible Alcohol Service and ensures that each employee understands these policies;
- the licensee/permittee does not directly or indirectly encourage the employee to violate the law;
- and there are not more than two of these type violations within a twelve month period.
This relief is commonly referred to as "safe harbor." If an illegal sale is made, the seller/server will most probably be arrested, but the retailer's permit/license will have protection from administrative action by the TABC. This is referred to as a "restrained administrative case."
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What is included in the Safe Harbor Program?
A software application and booklet identifying the following topics:
- 1.0 Benefits of Safe Harbor
- 2.0 Benefits of TABC Training
- 3.0 TABC Laws and Penalties
- 4.0 TABC Certification Course
- 5.0 Policies and Standards
- 6.0 Alcohol Awareness Signage
- 7.0 Certification Tracking Tool
- 8.0 Miscellaneous TABC Info
- 9.0 Contacts and Links
- 10.0 Quality Control Checklist
Alcoholic Beverage Code Reference:
Sec. 106.14. Actions of Employee
TABC Rules:
§50.9. Revocation or Suspension of Trainee Certification.
§50.10. Licensee/Permittee Exemption from Administrative Action.
§50.11. Mandatory Participation in Server Training.
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