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| The Texas Alcoholic Beverage Commission (formerly the Texas Liquor Control Board) was created in 1935. | |
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Under the Alcoholic Beverage Code "the Commission may exercise all powers, duties, and functions conferred by this code, and all powers incidental, necessary, or convenient to the administration of this code. It shall inspect, supervise and regulate every phase of the business of manufacturing, importing, exporting, transporting, storing, selling, advertising, labeling and distributing alcoholic beverages, and the possession of alcoholic beverages for the purpose of sale or otherwise." |
| The 21st Amendment, which signalled repeal of national prohibition in the 1930's, plainly gives each individual state the ability to control the importation and use of alcoholic beverages within its boundaries. This is probably the only remaining right guaranteed more or less exclusively to the states, and the courts have generally approached litigated issues from the position of "presumed state authority" when deciding on important regulatory issues. The Texas Alcoholic Beverage Code is a comprehensive set of laws refined over the years by the various legislatures which have addressed the issues of the day. The code strongly asserts itself on the issues which gave rise to prohibition and protects against involvement of the criminal element in beverage alcohol trafficking. The legislature has very strictly prohibited persons who have been convicted of certain crimes from obtaining licenses or permits. Also prohibited is "tied house" violations where ownership overlaps the three marketing levels (manufacturing, wholesaling and retailing) in the beverage alcohol industry. Through a system of reviewing all shipments of alcoholic beverages into Texas, coupled with a review of transfer of merchandise between wholesalers, the separation of levels is scrutinized closely. Background investigations and other research is undertaken during the process which occurs when a person applies for a permit or license to operate in some phase of the industry. In this way, ownership by others involved at different levels can be detected, as well as those factors which would tend to disqualify an applicant on account of previous criminal history or indebtedness to the state for taxes.
ENFORCEMENT DIVISIONThe Enforcement Division is the largest and the most visible division of the agency. This division is responsible for the actual law enforcement activities of the alcoholic beverage laws. Individuals employed in this division are commissioned peace officers of the state. Enforcement agents are charged with enforcing the Alcoholic Beverage Code and other laws of the state. Activities include investigations for minors in possession, public intoxication, bootlegging, prostitution, gambling, narcotics, weapons, and organized criminal activities. Enforcement agents also provide regular instruction to school children, licensees and their employees, and to members of civic groups to promote a better understanding of the law and voluntary compliance. LICENSE & COMPLIANCE DIVISIONThe License and Compliance Division consists of the Licensing and Compliance Departments. The Licensing Department is responsible for issuing 85,000 licenses and permits throughout the state and the world. RESOURCE MANAGEMENT DIVISIONThe Resource Management Division is responsible for services provided to the other divisions and the executive level of the agency. The division includes several departments: LEGALThe Texas Alcoholic Beverage Commission Legal Department is staffed by attorneys from the Office of the Attorney General with support staff provided by the Commission. The staff reviews and prosecutes administrative violations of the Texas Alcoholic Beverage Code by permittees and licensees. It also reviews and prosecutes application protests filed by the Commission, local authorities and citizens to the issuance of original and renewal licenses and permits. |
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