May 6, 2002

The TABC may consider altering its rules relating to the penalty for serving a non-member of a private club. The Commission's standard penalty chart currently provides that for sale to a non-member a private club will be punished by a 5-day suspension on the first violation, 15 to cancel for the second and cancellation for the third violation. We have petitioned the Commission and asked them to consider reducing the severity of the consequences for this violation.

A permitted establishment may stress the need for its employees to comply with the membership requirements, but our experience has shown that servers will sometimes fail to ask for proof of membership. The violation itself poses no risk to public safety, yet it is punished more severely than serving an intoxicated person for which the penalty chart proscribes on 1st violation 7 days, 2nd 10-15 days and 3rd 30 or cancel.

It seems more appropriate to treat this violation the same as the penalty chart treats other membership related violations, such as those relating to invoices, membership records, pool and replacement accounts, which are punished by a warning to a 3-day suspension for the first violation, a 5 to 10-day suspension for the second and a 10 to 15-day suspension for the third violation.

If you operate a private club please write the TABC in support of this change. The Commission may take this up at its June 3rd meeting. You can address your letter as follows:

Rolando Garza, Administrator Texas Alcoholic Beverage Commission P.O. Box 13127 Austin, TX 78711-3127

Please send a copy of your correspondence to: Glen Garey with TRA by fax at 512-472-2777 or by e-mail at [email protected].

Source: TRA