Texas Alcoholic Beverage Code 5.361 – Enforcement; Inspections
(a) The commission shall develop a risk-based approach to conducting its enforcement activities that focuses on:
(1) detecting serious violations that impact public safety;
(2) monitoring entities that have a history of complaints and violations of this code; and
(3) any other factors the commission considers important.
(a-1) As part of the commission’s enforcement activities under this section, the commission by rule shall develop a plan for inspecting permittees and licensees using a risk-based approach that prioritizes public safety. The inspection plan may provide for a virtual inspection of the permittee or licensee that may include a review of the permittee’s or licensee’s records or it may also require a physical inspection of the permittee’s or licensee’s premises.
Terms Used In Texas Alcoholic Beverage Code 5.361
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Licensee: means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Permittee: means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
- Rule: includes regulation. See Texas Government Code 311.005
(a-2) The inspection plan must:
(1) establish a timeline for the inspection of each permittee and licensee that ensures that high-risk permittees and licensees are prioritized; and
(2) require the commission to physically inspect the premises of each permittee and licensee within a reasonable time as set by rule.
(b) The commission shall develop benchmarks and goals to track key enforcement activities and the results of those activities. For each type of enforcement activity, the commission shall track the number of violations detected by the enforcement activity, the amount of time spent on the enforcement activity, and any other information the commission considers necessary. The commission shall use the information collected under this subsection and other information to compare the enforcement performance of each region and to determine the most effective enforcement activities.
(c) The commission shall track, on a statewide and regional basis, the type of violations detected, the disposition of the violations, and the entities that committed the most serious violations.
(d) The commission shall compile detailed statistics and analyze trends related to its enforcement activities. The commission shall:
(1) summarize the statistics and trends for executive management on a monthly basis and for the members of the commission on a quarterly basis; and
(2) make summary information available to the public, including by posting the information on the commission’s Internet website.