2023 - The actions of an employee are not attributable to the employer, if the employer has not directly or indirectly encouraged the employee to violate a law and if:

★ The actions of an employee are not attributable to the employer, if the employer has not directly or indirectly encouraged the employee to violate a law and if:
  the employee has actually attended such a training program.
  all employees engaged in the sale, service, or delivery of alcoholic beverages.
  the employer requires its employees to attend a commission-approved seller training program.
  the employer has written policies for responsible alcohol service and ensures each employee has read and understands these policies.
  all of the above

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all of the above


The actions of an employee are not attributable to the employer if the employer has not directly or indirectly encouraged the employee to violate a law and if:
A.) The employee has not served an alcoholic beverage to a minor or intoxicated person in the last 12 months.
B.) The employer has a policy against serving alcoholic beverages to a minor or intoxicated person.
C.) The employee has attended an employer-required seller training program.
D.) There are not more than ten violations within a twelve-month period.

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The employee has attended an employer-required seller training program.


★ For an employer’s liquor license to be protected under safe harbor:
A) the employer requires its employees to attend a commission-approved seller training program;
B) the employee has actually attended such a training program; and
C) the employer has not directly or indirectly encouraged the employee to violate such law.
D) the employer has written policies for responsible alcohol service and ensures each employee has read and understands these policies.
E) all of the above

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all of the above


The criteria retailer must meet to receive a reduced penalty and/or protect the license/permit. If an illegal alcohol sale takes place at the establishment is often referred to as:
ANSWER: Safe Harbor

★ Safe Harbor protects the seller/server when they violate the law pertaining to alcoholic beverages.
A) TRUE
B) FALSE

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TRUE


★ Safe Harbor laws protect you the employee only.
A) TRUE
B) FALSE

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FALSE

EXPLANATION: Safe Harbor Act protects the seller/server when they violate the law pertaining to alcoholic beverages.


★ Safe Harbor laws protect the employer only.
A) TRUE
B) FALSE

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FALSE
EXPLANATION: Safe Harbor Act protects the seller/server when they violate the law pertaining to alcoholic beverages.


Safe Harbor TABC
If you are charged with selling alcohol to a minor or to an intoxicated person, your employer could lose their license to sell. In order for your employer's license to be protected:

1. The person selling / serving is not the owner or an officer of the company;
2. The person selling / serving holds a current seller-server training certificate from a TABC approved school;
3. All employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers are certified within 30 days of their hire date;
4. The employer has written policies for responsible alcohol service and consumption and ensures that each employee has read and understands these policies;
5. The employer does not directly or indirectly encourage the employee to violate the law.
Meeting these criteria is commonly referred to as "safe harbor." If an illegal sale is made, the seller-server might be arrested, but the company's permit / license may be protected.

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