What Areas Can a Police Officer Inspect in a Bar Under Texas Law Sec. 101.04?

Question from Jason Followell, What Areas Can a Police Officer Inspect in a Bar Under Texas Law Sec. 101.04?

Answer from AI:

Texas Alcoholic Beverage Code Sec. 101.04, also known as the “Consent to Inspection” law, provides that any place or conveyance where alcoholic beverages are sold, stored, produced, or transported is subject to inspection by the Texas Alcoholic Beverage Commission (TABC) or any peace officer. This includes bars.

Areas Subject to Inspection

Under this law, the following areas within a bar can be inspected:

• Public Areas: This includes the bar area, seating areas, restrooms, and any other areas accessible to patrons.
• Storage Areas: Any areas where alcoholic beverages are stored, such as a storeroom or cellar.
• Production Areas: If the bar also produces its own alcoholic beverages, these areas can be inspected.
• Transportation Areas: This could include areas where alcoholic beverages are loaded or unloaded for transport.

Scope of Inspection

The scope of the inspection can include checking for compliance with all laws and regulations related to the sale, storage, production, and transportation of alcoholic beverages. This could involve checking for proper licensing, ensuring that all alcoholic beverages are legally obtained and properly stored, and verifying that the bar is not selling to underage or intoxicated patrons.

Legal Advice

While this provides a general overview of the areas a police officer can inspect in a bar under Texas law, it’s important to note that the specifics can vary depending on the circumstances. If you’re a bar owner or manager and have questions about what an inspection might involve, it would be wise to consult with a legal professional who specializes in Texas alcohol laws. They can provide personalized advice based on your specific situation.

For more information, you can refer to the Texas Alcoholic Beverage Code Sec. 101.04 directly.