SECTION 34.21. Mandatory Participation in Seller Server Certification

(a) After notice and an opportunity for hearing, the commission may require by written order that a licensee or permittee require all of its employees to acquire and maintain seller server certification under Chapter 50 of this title, pursuant to Code §106.14. Such requirement may be imposed on a licensee or permittee that has:

(1) violated a provision of the code or rules relating to the sale, service, dispensation or delivery of alcoholic beverages to a minor or intoxicated person more than once in a twelve month period; or

(2) been found, by administrative order or court of competent jurisdiction, to have engaged in conduct directly or indirectly encouraging violations of law within the meaning of Code §106.14(a)(3).

(b) An order issued under this section shall remain in effect until such time as the licensee or permittee has established 24 continuous months of operation from the date of the last violation without violation of a provision of the code or rules relating to the sale, service, dispensation or delivery of alcoholic beverages to a minor or intoxicated person.

(c) A licensee or permittee who wants a hearing prior to the issuance of an order authorized by this section must request the hearing within 10 days of receipt of notice from the commission.

(d) This section applies to contested cases under the Administrative Procedure Act and to complaints or violations referred to the legal division of the commission for resolution.

Source Note: The provisions of this §34.21 adopted to be effective June 6, 2022, 47 TexReg 3242