SECTION 50.2. Definitions


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  • Words used in this chapter have their common and ordinary meaning unless they are given a specific meaning in the code or are defined in this section.

    (1) Applicant--An individual and/or each owner, officer, director, manager, or trainer of a legal entity who applies to the commission for a certificate under this chapter.

    (2) Branch Seller Server School Certificate.

    (A) Branch Classroom-Based Seller Server School Certificate--A certificate issued by the commission to the holder of a Primary Seller Server School Certificate granting the same authority as the Primary Certificate but at a site that is designated on the Branch Certificate and that is different from that designated on the Primary Certificate;

    (B) Branch Mobile Application Seller Server School Certificate--A certificate issued by the commission to the holder of a Primary Internet-Based Seller Server School Certificate that allows for the approved course content to be completed through the internet or through the mobile application, provided that all testing must be completed through the internet and that tests may not be stored on the mobile device or in the mobile application; or

    (C) Branch Internet-Based Seller Server School Certificate--A certificate issued by the commission to the holder of a Primary Internet-Based Seller Server School Certificate that allows for the approved course content to have an alternate domain location on the internet, provided that all course content and testing must be completed online.

    (3) Break--An interruption in a course of instruction occurring after the lesson introduction and before the lesson summation.

    (4) Classroom-Based Seller Server School Certificate--A Primary or Branch Seller Server School Certificate issued by the commission under this chapter to a school that:

    (A) has authority under this chapter to offer instruction and issue seller server certificates; and

    (B) does not qualify for either an In-House Seller Server School Certificate or an Internet-Based Seller Server School Certificate.

    (5) Commission-Approved Personal Identification Number--A social security number, an individual taxpayer identification number (ITIN), or an alien registration number ("A" number).

    (6) Comprehension question--A question designed to establish the Student's participation in a course or program and comprehension of the materials by requiring the student to answer a question regarding a fact or concept taught in the course or program.

    (7) Course of instruction--The mandatory curriculum and the optional curriculum used to teach a seller server certificate course.

    (8) Incomplete application--An application that fails to include all facts, disclosures, documents, statements, authorizations, signatures, and fees required by this chapter or requested by the commission for issuance of a certificate.

    (9) In-House Seller Server School Certificate--A Primary or Branch Seller Server School Certificate issued by the commission under this chapter to a school sponsored or operated by a retail permittee or licensee and that has authority under this chapter to offer instruction on either a classroom basis or a computer basis and to issue seller server certificates.

    (10) Internet-Based Seller Server School Certificate--A Primary or Branch Seller Server School Certificate issued by the commission under this chapter to a school offering an interactive course on a delivery platform with web-based functionality that:

    (A) has authority under this chapter to offer instruction and issue seller server certificates; and

    (B) does not qualify for either a Classroom-Based Seller Server School Certificate or an In-House Seller Server School Certificate.

    (11) Mandatory Curriculum--The curriculum provided by the commission that must be used by a certified school teaching a seller server certificate course.

    (12) Multimedia component--A technique (such as combining of sound, video, and text) in which several media are employed, including, but not limited to sound and audio recording, videos, and animation.

    (13) Optional Curriculum--Any curriculum not provided by the commission that is used by a school to teach a seller server certificate course.

    (14) Personal validation question--A question designed to establish the identity of the student by requiring an answer related to the student's personal information such as a driver license number, address, date of birth, or other similar information that is unique to the student.

    (15) Primary Seller Server School Certificate--A certificate issued by the commission under this chapter granting authority to:

    (A) offer instruction and maintain records at the school's principal site designated on the primary certificate; and

    (B) issue seller server certificates.

    (16) School--The holder of a Primary or Branch Seller Server School Certificate issued by the commission.

    (17) Seller Server Certificate--A certificate issued to an individual who completes a course of instruction offered by a school and who passes the Commission Standard Competence Test.

    (18) Seller Server Certificate Course--A class providing instruction in the sale, service, dispensing, delivery, and consumption of alcoholic beverages to or by persons in private clubs, minors or intoxicated persons, and that is designed to enable students to pass the Commission Standard Competence Test and receive a seller server certificate.

    (19) Student--An individual who is participating in or has completed a Seller Server Certificate Course.

    (20) Trainer--An individual who holds a Seller Server Trainer Certificate issued under this chapter.

Source Note: The provisions of this §50.2 adopted to be effective January 1, 2011, 35 TexReg 7054; amended to be effective December 12, 2013, 38 TexReg 9020; amended to be effective April 17, 2018, 43 TexReg 2267; amended to be effective February 13, 2023, 48 TexReg 662