If you own or manage a licensed premises in Texas that serves alcohol, it's essential to know the rules regarding reporting a breach of the peace. Failing to report this type of incident to the Texas Alcoholic Beverage Commission (TABC) within the required time frame can lead to penalties. Understanding the rules regarding reporting a breach of the peace is crucial for anyone who owns or manages a licensed premises in Texas that serves alcohol.
Understanding What a Breach of the Peace Is
The TABC is the regulatory agency that governs the sale, service, and consumption of alcoholic beverages in Texas. The TABC regulates liquor licenses and permits, enforces state liquor laws, and investigates violations of those laws. One of the responsibilities of the TABC is to ensure that license holders report any breach of the peace that occurs on their premises.
According to the Texas Alcoholic Beverage Commission, a breach of the peace is a situation that occurs when law enforcement or emergency medical services personnel respond to the licensed premises or when a disturbance is created by a person on the premises that involves certain actions, such as shooting or stabbing someone, causing bodily injury, threatening someone with a weapon, discharging a firearm, or destroying the licensee's or permittee's property. There are specific disturbances that must be reported that we will detail below. Remember, your licensed premises is basically your location at your particular address.
Reporting Breaches of the Peace to the TABC
There are two types of breaches of the peace: simple and aggravated. A Texas liquor license holder is required to report both types to the TABC. Failure to report the breach of the peace can result in a citation and, ultimately, permit suspension.
Aggravated breaches of the peace are the most serious and include incidents such as shootings, stabbings, serious bodily injury, or when someone has been killed. A liquor license holder must notify the TABC within 24 hours of an incident if it involves any of the above actions.
Simple breaches of the peace are less severe and include incidents where law enforcement or emergency medical services personnel respond to the premises, or a disturbance is created by a person who causes bodily injury, threatens another person with a weapon, discharges a firearm, or destroys the permittee's or licensee's property. A liquor license holder must report these incidents within five calendar days of the incident, regardless of whether the location is open or not.
It's essential to understand that local law enforcement reporting to the TABC does not absolve the permit or liquor license holder from the requirement to report the incident to the TABC. If local law enforcement notifies the TABC of an incident and the permit holder does not, there is a greater likelihood that the permit holder will be given a citation by the TABC.
To make the report, a liquor license holder can do it in person at a TABC office, through the TABC’s online reporting system, AIMS, or by email to breachofpeace@tabc.texas.gov. If you have had a rough history with the TABC, they may even provide a different reporting method – do what they say. The report must include specific information:
the date and time of the incident,
the name and physical location of the licensed premises,
a brief description of the incident, and
the names and contact information of any witnesses or law enforcement agencies involved.
The TABC provides a Breach of the Peace form that you can utilize in collecting this information.
If you are using AIMS, the system will walk you through entering the required information. If you are emailing or delivering the report in person, use the TABC Breach of the Peace form.
Consequences of Not Reporting a Breach of the Peace
Failure to file the breach of the peace report can result in a citation, which can lead to permit suspension. TABC rules state that a first violation of failing to report a breach of the peace calls for a permit suspension of 2-5 days.
Obviously, you do not want breaches of the peace happening at your location for many reasons, not the least of which is the fact that they present a public safety risk. Operating your location in a manner that allows for these incidents to occur can result in significant penalties, including a permit suspension of 3-5 days for a simple breach of the peace and 25-35 days for an aggravated breach of the peace.
Finally, breaches of the peace or failing to report them are something that can get you on the TABC's Priority List. The TABC states that they physically inspect permitted locations at least every 8 years, unless you are on the Priority List. If you are on the Priority List, you can expect to see TABC agents at your premises at least every 6 months.
Exceptions to the Reporting Rule
It's important to note that if you had no knowledge, nor in the exercise of reasonable care should have had knowledge, of the alleged breach of peace on the licensed premises, you cannot be held liable by the TABC for failing to file a report or filing a timely report. Additionally, if the alleged breach of peace did not occur on your licensed premises and occurred at a time when your licensed premises were closed to the public, the TABC will not hold you liable for failing to file a report or filing a timely report.
If you own or manage a TABC-licensed premises in Texas, it's crucial to be aware of the rules regarding reporting a breach of the peace. By understanding and complying with these rules, you can help ensure the safety of your patrons and your business.
Still have questions? Let us know! Need help handling a breach of the peace report? Through Storm Ruleman, PLLC law firm, Ashley and Claire assist bar and restaurant owners in filing these and meeting other TABC compliance requirements. Book a consultation with Ashley.
Disclaimer: Nothing in our articles or on our website is legal advice and should not be taken as such. Please address all legal questions to your counsel.
