Stage 4 of 7 · Cited
Difference Between TABC Warning and Citation
In this guide
“Citation” covers two different documents in Texas alcohol enforcement. TABC’s public safety and enforcement FAQ draws the line: “A criminal citation is issued to an individual person. An administrative notice is issued against a permit or license.” A TABC warning belongs to the second group. Under TABC Rule 34.1(d), a written warning is an administrative notice to the permit holder that documents a violation without a penalty, and it can still count against the business later.
Three documents, three tracks
| Document | Issued to | What it starts | Possible outcome |
|---|---|---|---|
| Criminal citation | An individual, such as the employee who made a sale | A criminal case, which TABC says is often prosecuted by the local county attorney | Whatever the court imposes for the offense |
| Administrative notice of violation | The permit or license holder | TABC enforcement, handled through the business's AIMS account | A settlement (civil penalty, suspension, or cancellation) or a hearing before a State Office of Administrative Hearings judge |
| Written warning | The permit or license holder | A documented violation with no sanction | Can be used as an aggravating circumstance if a later violation is sanctioned |
The same event can produce more than one of these. TABC’s violations page states that a public safety violation can lead to an administrative case against the business “along with criminal charges for the person accused of the violation.”
When does TABC issue a warning instead of a violation?
Rule 34.1(d)(1) allows authorized TABC personnel to issue a written warning for any violation when the person issuing it determines that a warning will be an effective deterrent. TABC’s violations page describes two settings:
- Regulatory violations. If a business committed a regulatory violation unintentionally and has not been found to have committed that particular violation before, TABC may issue a warning instead of a violation. If a follow-up inspection finds the violation still occurring, TABC may take enforcement action.
- Initial complaints. When TABC receives an initial, vague complaint alleging a nonviolent offense, agents may enroll the business in the Proactive Alcohol Compliance Enforcement (PACE) program for two years instead of opening an investigation. Eligibility depends on the seriousness and specificity of the complaint, the business’s history, and the overall risk to public safety. Another complaint or a violation during the two years leads to an investigation, and PACE enrollment does not stop TABC from conducting compliance operations at the location.
What a warning leaves behind
A warning carries no fine and no suspension, but Rule 34.1(d) gives it two lasting features:
- It “may be used as an aggravating circumstance” when TABC sets the sanction for a later violation under the public safety chart (Rule 34.2) or the regulatory chart (Rule 34.10).
- It “is subject to the rights and procedures of a contested case under the Administrative Procedure Act,” so a business that disputes the violation described in a warning can contest it.
A warning can reach the business through AIMS as a waiver order. TABC’s AIMS guide to responding to an administrative notice lists “Warning” among the order types and states that failure to acknowledge an order “within 3 days of receiving a Warning Order will result in automatic acknowledgement.”
TABC’s July 2026 drafts addressed the written warning procedure, and on September 22, 2026, its commission voted to propose amendments to Rules 34.1 through 34.4 for publication in the Texas Register on October 9, 2026. The description here is of the rules in effect as of October 2, 2026.
How the criminal and administrative tracks interact
The two tracks have different parties. The criminal case is against the person; the administrative case is against the permit, and the permit holder’s protections are different: an employer that meets the Safe Harbor conditions in Section 106.14 can keep an employee’s sale to a minor or an intoxicated person from being attributed to the permit.
The statute also limits how TABC uses the criminal case. Under Section 11.641(c) of the Alcoholic Beverage Code, a civil penalty, including cancellation of a permit, “may not be imposed on the basis of a criminal prosecution in which the defendant was found not guilty, the criminal charges were dismissed, or there has not been final adjudication.”
What to do with each document
- Written warning: read the violation description, correct the condition before any follow-up inspection, and acknowledge the order in AIMS. If the business disputes the violation, it has contested-case rights under Rule 34.1(d)(3).
- Administrative notice: the email states how many days the business has to act in AIMS. If no action is taken by that deadline, TABC sends the case to its General Counsel’s Office to be set for a hearing.
- Criminal citation: this is the individual’s case in the criminal courts. The business’s permit case runs separately through TABC.
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.