Austin employees take the fall for most illegal sales of alcohol to minors and the intoxicated, state data says
May 7, 2020
AUSTIN, Texas— More than half of Austin’s violations of state alcohol regulations for selling alcohol to minors and intoxicated individuals results in no administrative discipline against businesses, according to six years of data from the Texas Alcoholic Beverage Commission. Instead, individual employees usually take the fall thanks to a “safe harbor” protection that can shield establishments from liability.
Businesses can obtain this protection if their employees receive certification through the TABC. Certification, although not mandated by the state, familiarizes individuals with laws concerning the sale of alcohol to prohibited individuals, as well as how to best detect and avoid possible violations.
“If the business requires all of its employees who deal with alcohol to obtain that training,” TABC Public Information Officer Chris Porter says, “if there is one of those violations, the responsibility for that violation falls upon the employee who actually conducted the sale instead of the business.”
While it’s up to employee discretion whether to accept or deny a customer’s ID, ensuring patrons don’t overindulge while at an establishment can be tricky.
"It is tough when it gets really, really busy,” Mockingbird Saloon bartender Andy Kahn says, “and that's where our support staff comes in.”
Still, livelier nights and crowded venues can make it difficult to keep an eye on how individuals and groups are doing.
“Sometimes, unfortunately, that slips through,” Kahn says, “and you don't realize until somebody comes up, tries to order, and you're like ‘Woah, man, somebody's been buying them drinks.’”
Despite these challenges, the safe harbor protection is not absolute. The measure, Porter says, isn’t meant for establishments on the commission's frequent offender list, but for those with a limited history of isolated violations.
“That safe harbor keeps those guys in business and puts the onus on the employee to know what they need to do ahead of time,” Porter says.
For cases that don’t fall under the safe harbor protection, the most common form of discipline handed down by the TABC is suspension or civil penalty. This allows for either the suspension of an establishment’s liquor license for a set number of days or the payment of a fine in lieu of that suspension.
Since 2014, the TABC has fined Austin businesses $237,200 for sales to minors and the intoxicated. While the rates of these violations are virtually the same, sales to intoxicated individuals comprise nearly two-thirds of the total amount fined, which reflects the TABC’s opinion of a violation that can result in serious bodily harm.
If local police determine an alleged drunk driver visited a TABC-regulated business before a deadly auto accident, the commission helps to determine whether that establishment violated any regulations by knowingly selling alcohol to an already intoxicated individual.
“If that’s the case,” Porter says, “then we can file a case against the bar saying that they negligently contributed to the death.”
The commission works with law enforcement to investigate other alcohol-related incidents, as well.
According to Porter, the TABC’s means of enforcing compliance with its regulations aren’t meant to intimidate Austin’s licensed locations. They simply ensure local establishments operate in a manner that is safe for customers, employees and the general public alike.
“We are not trying to go out and shut people down,” Porter says. “We're not going out there to put somebody out of business unless there is a true danger to public safety.”