Stage 5 of 7 · Penalized
TABC Emergency Suspension Order: What to Do in the First 24 Hours
In this guide
In the first 24 hours, stop all alcohol sales and deliveries, read the order for its length and stated basis, and prepare for a hearing that must be held no later than the 10th day after the order. An emergency suspension under Section 11.614 of the Alcoholic Beverage Code is issued without a hearing when TABC determines that the business’s continued operation “would constitute a continuing threat to the public welfare,” and it can last up to 90 days. The hearing at the State Office of Administrative Hearings (SOAH) decides whether the order is affirmed, modified, or set aside.
Which emergency power was used?
The Code gives TABC two ways to suspend without a prior hearing:
| Section 11.614 emergency order | Section 11.61(d) investigative suspension | |
|---|---|---|
| Trigger | Continued operation "would constitute a continuing threat to the public welfare" | A shooting, stabbing, or murder on the licensed premises "which is likely to result in a subsequent act of violence" |
| Permits covered | Any permit or license | Mixed beverage and wine and malt beverage retailer's permits |
| Maximum length | 90 days, with the length stated in the order | 7 days, for investigative purposes |
| Notice | Not specified in Section 11.614, which requires the order to state the length of the suspension | Given to the permit holder personally within 24 hours of the violent act, or posted on the front door if the holder cannot be located |
| Hearing | Held no later than the 10th day after the order is issued | Not specified in Section 11.61(d) |
Both are in Chapter 11 of the Alcoholic Beverage Code.
The first 24 hours
- Stop alcohol sales, service, and delivery. Under Section 11.68, no permit holder may “sell, offer for sale, distribute, or deliver any alcoholic beverage” while the permit is suspended. That includes to-go and delivery orders. The suspension of the primary permit also suspends the secondary certificates that depend on it, such as a late hours certificate.
- Read the order. Note the suspension length the order states, the dates, and the facts TABC relies on.
- Report the incident if it involved violence. If a shooting, stabbing, murder, or incident involving serious bodily injury occurred on the premises, TABC Rule 35.1 requires a breach of the peace report no later than 24 hours from the time of the incident, according to TABC’s public safety and enforcement FAQ. Reports can be made through AIMS, by email, or in person.
- Preserve records and video. TABC’s public safety chart treats failure to timely provide records, “including videos,” related to a violation involving serious bodily injury or death as its own violation, with sanctions that reach cancellation. Secure footage, incident reports, staff schedules, and point-of-sale records for the period in question.
- Do not move alcohol to work around the order. The permit holder’s exclusive control over the alcohol on the premises continues during the suspension (Section 109.53), and storing alcohol off the licensed premises is a listed violation for some licenses; check the order and the permit’s storage rules before moving any inventory.
What happens at the hearing within 10 days?
Section 11.614(c) requires TABC to “set the time and place for a hearing to be conducted not later than the 10th day after the date the order was issued.” SOAH conducts it, at a location Section 11.015 allows: the county where the premises is located, the nearest permanent SOAH hearing office, or a place the parties agree on.
The standard at that hearing is limited: “The order shall be affirmed to the extent that reasonable cause existed to issue the order.” The proceeding is a contested case under the Administrative Procedure Act (Section 11.614(e)). Section 11.614(d) allows TABC to adopt rules on how emergency orders are determined and appealed, including a rule allowing the commission to affirm, modify, or set aside SOAH’s decision.
The business’s preparation for the hearing therefore centers on the reasonable cause for the order at the time it was issued: what TABC knew, and what the business can show about the conditions TABC relied on.
An example from 2020
TABC’s July 2020 news release on Elevate Nightclub in McAllen describes one use of the power: after a June 18, 2020, inspection under the Governor’s executive orders on social distancing, TABC served a 30-day suspension order the next day, and an administrative judge affirmed it. The release reflects the policy of that period, not a current schedule.
After the hearing
If the order is affirmed, the suspension runs for its stated length. An appeal from a suspension order goes to district court under Section 11.67, and that court may suspend or modify the order while the case is pending.
This article is general information about Texas alcoholic beverage law, not legal advice, and reading it does not create an attorney-client relationship. Statutes and TABC rules change; confirm current requirements with the Texas Alcoholic Beverage Commission, the relevant city or county, or a licensed Texas attorney before acting.