Have you been issued a citation or violation notice from the TABC? TABC has a Standard Penalty Chart used for guidance in assessing a license/permit holders’ penalties for violations. Penalties may differ from the standard depending on the circumstances of your violation. Do you want to discuss your violation and possible ways to try to reduce your penalties? Give us a call and let’s discuss.
TABC recently approved a rule authorizing fees for the expedited processing of Catering certificates, Temporary licenses/permits, and Wine Festival certificates. One could look at this authorization the same as the glass is half full or half empty, depending on your perspective.
The fees paid are based on the number of days in advance of the event the application is filed. If you don’t submit the application far enough in advance(10 days), you will pay the “expediting fee” ranging from $300-$900.
What isn’t in the rule but is in the Licensing Advisory is, a “day” ends at 2:00 p.m. That my friend is VERY IMPORTANT information.
The moral of the story is the latecomers are going to pay the “expediting” or “penalty” fee, depending on their perspective. Regardless my advice is, count the days, look at the time, and take your checkbook.
The TABC recently published their new protest policy, and it is big news, at least in the world of Texas alcohol regulation. It’s been my experience rewriting the Protest Policy is a right of passage that each General Counsel (GC) must experience. Some GC’s avoid it as long as possible, and others are thrown into it kicking and screaming.
It’s a tough job for any GC but especially on a new guy. My compliments to GC Clark Smith that he tackled it with less than a year under his belt. With the recent outcomes of certain cases, I’m guessing he had motivation. Just the same, Kudos to him for the courage.
So what’s changed in this new Licensing Protest Policy from the old policy?
Without a doubt, the number of protests will decline, and that will be good for the too few resources to work them. Comparing it to the old policy, there are several unanswered questions, but with time, like all things, we will see how they play out and develop. Stay tuned.
On June 8, 2018, the TABC released its Strategic Plan for Fiscal Years 2019-2023. The report mirrors many of the past reports, in that it highlights an ever-changing environment, technology needs, and lack of resources. The document as a whole I find well written and of interest. However, if your time is limited, I suggest you zoom into the Redundancies and Impediments, beginning on page 18.
Here you will see a roadmap for possible future legislation. This could either become part of the Sunset Report or the Agency will discuss these areas with friendly legislators. This is an important document that is all too often overlooked.
The document is a good read and kudos to those behind the scenes that did the heavy lifting. Regardless of your opinion on the issues, you will find it of interest. Click the link and go get some knowledge!
Did you know there were changes last session in the qualifications and calculations for holding a food and beverage certificate?
In summary, the criteria for the qualifications and calculations become consistent, and there are no longer differences based on the primary permit. Most importantly the threshold increased to qualify and retain the certificate from no more than 50% of gross receipts attributed to alcohol to no more than 60%. No longer does the comptroller play a role in the renewal process for mixed beverages and private clubs and consistency is established regarding cancellations and denials.
The Commission adopted changes to Rule §33.5 Food and Beverage Certificate as a result of the new legislation.
There are advantages to holding a food and beverage certificate. Recently those are related to the new Protest Policy. If you have questions or think you may now qualify for a food and beverage certificate, give us a call and see if we can assist you.