16 Tex. Admin. Code § 34.22 - Liability for Actions of Alcohol Delivery Drivers
(a) These terms, when used in this rule, have
the following meanings:
(1) Delivery
driver--any person engaged by a consumer delivery permit holder as an alcohol
delivery driver including, but not limited to those hired directly, hired
indirectly, paid, unpaid, or contracted, whether or not in a supervisory
role.
(2) Delivery driver training
program--a commission-approved alcohol delivery driver certification program
under chapter 50 of this title, established pursuant to Code
§57.09.
(b) A
delivery driver shall not deliver an alcoholic beverage in violation of Chapter
57 of the Code.
(c) The actions of
a delivery driver acting on behalf of a holder of a consumer delivery permit
are not attributable to the holder of a consumer delivery permit if the permit
holder has not directly or indirectly encouraged the delivery driver to violate
the law and the delivery driver:
(1) at the
time the delivery occurred, held a valid certification from a delivery driver
training program; or
(2) completed
the delivery using an alcohol delivery compliance software application that
meets the requirements established under Code §57.09.
(d) The holder of a consumer delivery permit
may establish a rebuttable presumption that it has not directly or indirectly
encouraged the delivery driver to violate Chapter 57 of the Code by providing
proof that:
(1) each of the permit holder's
delivery drivers engaged by the permit holder during the twenty-four months
prior to the violation have actually attended a delivery driver training
program and maintained alcohol delivery driver training certification for the
entire duration of their engagement by the permit holder as a delivery
driver;
(2) prior to the violation,
the permit holder adopted written policies and procedures designed to prevent,
and that affirm a strong commitment by the permit holder to prohibit violations
of Chapter 57 of the Alcoholic Beverage Code; and
(3) all delivery drivers have read and
understood such policies and procedures.
(e) The consumer delivery permit holder is
not entitled to the rebuttable presumption in subsection (d) of this section if
the commission provides proof of violations of Chapter 57 of the Code on two or
more prior occasions by any delivery driver making a delivery of alcohol on the
permit holder's behalf in the twelve months preceding the current violation, or
on three or more prior occasions by any delivery driver making a delivery of
alcohol on the permit holder's behalf in the twenty-four months preceding the
current violation.
(f) Criminal
Negligence.
(1) Regardless of whether the
permit holder has directly or indirectly encouraged the delivery driver to
violate Code Chapter 57, the commission or executive director may suspend a
consumer delivery permit as prescribed by Code §57.08 if, after notice and
hearing, a court or administrative hearing officer finds that a delivery driver
made a delivery on the permit holder's behalf with criminal
negligence.
(2) It is a rebuttable
presumption that delivery of an alcoholic beverage to a minor or an intoxicated
person was not made with criminal negligence if the delivery driver:
(A) at the time of the delivery held a valid
certification from a delivery driver training program; and
(B) completed the delivery as a result of a
technical malfunction of an alcohol delivery compliance software application
that otherwise meets the requirements of §
50.33 of this title (relating to
Alcohol Delivery Compliance Software Applications).
Notes
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