SECTION 50.19. Application for Primary In-House Seller Server School Certificate

(a) Application. An application for an original or renewal primary in-house seller server school certificate must be completed and submitted on forms provided by the commission.

(b) An applicant for a primary in-house seller server school certificate must satisfy the requirements of paragraph (1) or (2) of this subsection.

(1) Be the current holder of a retail permit or license issued by the commission and employ a minimum of 150 individuals. The duties of the permit or license holder's employees must include the preparation, sale, service, or delivery of alcoholic beverages to ultimate consumers.

(2) Be a hotel management or holding company that owns or operates a minimum of five hotels which employ a minimum of 200 individuals whose duties include preparation, sale, service, or delivery of alcoholic beverages to ultimate consumers. The primary in-house seller server school must be managed and controlled by the hotel management or holding company and not the owned or managed hotels.

(c) Disclosure of Owners, Officers, Directors, Managers, and Instructors.

(1) An applicant whose owners, officers, directors, and managers are an exact match to those previously provided to the commission in connection with a license or permit currently held by the applicant is exempt from the requirements of paragraphs (2), (3) and (4) of this subsection. However, the applicant must identify the license or permit application where the information requested in those paragraphs can be found.

(2) The applicant for an original certificate or change of ownership for an in-house seller server school must disclose all individual owners, individuals and legal entities having an ownership interest, and all officers, directors, managers, and instructors.

(3) A legal entity must provide the formation and registration documents and must be authorized to transact business in this state.

(4) A personal history sheet must be completed and submitted with the application for each individual who is an owner or holds an ownership interest in a legal entity, and each partner, officer, director, manager, and trainer if:

(A) the applicant has not previously provided a personal history sheet for the individual; or

(B) the information previously provided is no longer true and correct.

(5) An individual required to submit a personal history sheet must at the same time submit an authorization for a criminal history background check.

(6) Additional information may be required by the commission to verify ownership or qualifications of an applicant or individual.

(d) An applicant for a primary in-house seller server school must designate:

(1) a certified trainer responsible for the oversight, operation, training, and compliance at the seller server school; and

(2) an individual responsible for the day-to-day management and operations at the seller server school.

(e) The applicant must sign and verify that:

(1) the applicant has authority to act on behalf of all owners;

(2) the applicant has personally completed or reviewed the application and has personal knowledge of and is responsible for its content;

(3) all parts of the application that apply are complete;

(4) each fact, disclosure, and statement made in the application is true and correct at the time the application is submitted;

(5) the applicant acknowledges that an application for a certificate is a government document and is subject to verification by the commission; and

(6) the applicant acknowledges that providing false or misleading information or omitting a material fact may result in the refusal of the application, cancellation of a certificate, or criminal prosecution.

(f) Incomplete applications or applications submitted without required fees will neither be accepted for processing nor returned to the applicant.

(g) An applicant must:

(1) keep an exact copy of the application submitted to the commission; and

(2) complete and correct any deficiencies within ten business days after being notified of the deficiency.

Source Note: The provisions of this §50.19 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective June 14, 2023, 48 TexReg 2939