EL PASO — Texas Alcoholic Beverage Commission (TABC) licensed business said owners have a critical responsibility to make sure that employees do not sell to minors and intoxicated customers, despite the challenges that high-turnover jobs may create.
"When retail employees don't receive proper training and become careless in checking IDs or observing warning signs of intoxication, illegal sales to minors or intoxicated patrons can result in criminal charges against the employee and a fine or suspension against the business owner," says TABC Captain Mark Menn of the Lubbock District.
According to TABC, if employees are properly trained, TABC licensed business owners may receive an exemption from Administrative Action when an employee makes a mistake. Under the Safe Harbor law, if all employees who handle alcoholic beverages receive state approved seller training and are not directly or indirectly encouraged by their employers to violate the law, the TABC may "restrain" or suspend the penalty against the business owner. In a "restrained case," the employee could still face criminal charges; but the business would not receive a fine or suspension of their permit.