16 Tex. Admin. Code § 35.1 - Reporting a Breach of the Peace
(a) This section
relates to Alcoholic Beverage Code §§
11.61(b)(21),
22.12,
24.11,
25.04(b),
26.03(b),
28.11,
32.24,
61.71(a)(30),
69.13, and
71.09.
(b) Except as provided in this subsection, a
licensee or permittee shall report to the commission a breach of the peace on a
licensed premises as defined by §11.49 of the Code. The licensee or
permittee shall make the report as soon as possible, but not later than five
calendar days after the incident. If the incident is a shooting, stabbing or
murder, or an incident involving serious bodily injury, the licensee or
permittee shall report the breach of the peace not later than 24 hours from the
time of the incident.
(c) Unless
the report is required to be made in a specific manner pursuant to subsection
(d) of this section, the report required by this section shall be made:
(1) in person at any commission
office;
(2) through the
commission's website;
(3) by e-mail
to breachofpeace@tabc.texas.gov; or
(4) through the commission's internet-based
reporting system.
(d) The
executive director or the executive director's designee may require, in
writing, that a licensee or permittee make any reports required by this section
in a specific manner as instructed, if the licensee or permittee has previously
violated Alcoholic Beverage Code §
11.61(b)(21)
or §
61.71(a)(30).
(e) At a minimum, the report required by this
section shall include the information required in paragraphs (1) - (9) of this
subsection, but may include other information the person making the report
wishes to include:
(1) the date and time of
the report;
(2) the date and time
of the incident being reported;
(3)
the trade name of the licensed premises where the incident occurred;
(4) the name and physical location of the
licensed premises where the incident occurred, including the city (if
applicable) and county;
(5) the
name of the person filing the report, that person's relationship to the holder
of the license or permit, and contact information for that person;
(6) if different from the information given
in response to paragraph (5) of this subsection, the name of the person
designated by the holder of the license or permit to answer questions from the
commission about the incident, that person's relationship to the license or
permit holder, and contact information for that person;
(7) a brief description of the
incident;
(8) the name of all law
enforcement agencies who were called or otherwise appeared in connection with
the incident, and the names of the officers involved (if known); and
(9) the names and contact information of any
witnesses to the incident (if known).
(f) For purposes of subsection (b) of this
section and subject to the provisions of subsection (g) of this section, a
reportable "breach of the peace" occurs when law enforcement or emergency
medical services personnel respond to the licensed premises or premises under
the control of a license or permit holder, or when a disturbance is created by
a person on the licensed premises or on premises under the control of a license
or permit holder and the incident involves:
(1) shooting, stabbing or murdering a
person;
(2) causing bodily injury
to another person;
(3) threatening
another person with a weapon;
(4)
discharging a firearm on the licensed premises; or
(5) destroying the licensee's or permittee's
property, if the incident is reported by the licensee or permittee to a law
enforcement agency.
(g)
For purposes of this section:
(1) conduct
identified in subsection (f) of this section (other than a shooting, stabbing
or murder, or an incident involving serious bodily injury) creates a
"disturbance," and therefore is a reportable breach of the peace, when it:
(A) occurs at a time when the licensee or
permittee, or any person allowed by the licensee or permittee, is on the
licensed premises; and
(B)
interferes with, interrupts, or intrudes upon the operation or management of
the licensed premises;
(2) a shooting, stabbing or murder, or an
incident involving serious bodily injury, on the licensed premises is always a
"disturbance," and therefore is always a reportable breach of the
peace;
(3) a "licensed premises" is
as defined in Alcoholic Beverage Code §
11.49;
(4) a "permittee" is as defined in Alcoholic
Beverage Code §
1.04(11);
and
(5) a "licensee" is as defined
in Alcoholic Beverage Code §
1.04(16).
(h) A license or permit holder may
not be held administratively liable for failing to file a report or failing to
file a timely report under this section if it can demonstrate that it had no
knowledge, nor in the exercise of reasonable care should have had knowledge, of
the alleged breach of peace on the licensed premises.
(i) A license or permit holder may not be
held administratively liable for failing to file a report or failing to file a
timely report under this section if the alleged breach of the peace:
(1) did not occur on the license or permit
holder's licensed premises; and
(2)
occurred at a time that the license or permit holder's licensed premises was
closed to the public.
Notes
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