The Texas Alcoholic Beverage Commission (TABC) frequently conducts undercover stings during peak business hours to see if an alcoholic beverage will be served to a minor. Previously the main targets were convenience stores. More recently, a greater percentage of our clients work in bars and restaurants. If the offense occurs, both the server and the establishment are held criminally liable. In our experience, the offense frequently happens as a consequence of being overwhelmed.

In its law enforcement function, TABC does a fairly good job of conducting and documenting their undercover operations. The minor attempting to purchase alcohol is truly underage, a request is made, and the minor either produces an actual ID that shows he or she is under 21 or tells the server that they don’t have ID.  The server is not presented with a fake ID, nor is there typically pressure to provide alcohol – which is why the cases are fairly straightforward when proving a violation.

There are many remedies, including participation in TABC classes that are designed to aid in enforcement. Sometimes there is no remedy; the person just made a mistake calculating their age. In this instances, the person is often very diligent about asking for identification, looking at it, handing it back, and somehow not realizing that they’re not 21. The server had no intent to break the law, they just made a mistake. (Think fast: what is the birthdate of a person that can legally drink as of today? Did it take you a few seconds? How long do you stand there when you’ve got 20 other customers waiting? And you’re trying to remember the food or drink specials?)