Restoring Reason

Most citizens understand when people are arrested on the street or in a car for alcohol or other legal violations. Few understand that peace officers have a legal right and duty to uphold the same laws inside of bars and clubs, and without regard to whether they are summoned or proactively arrange a bar check (for legal violations) or inspection (for administrative violations).

The following statutes provide for police presence inside of bars and clubs.

The Texas Penal Code, Title 10, Chapter 49, Sec. 49.02 subsection a-1 provides:

(a-1) For the purposes of this section, a premises licensed or permitted under
the Alcoholic Beverage Code is a public place.

The Alcoholic Beverage Code, Title 4, Chapter 101, Section 101.04 provides:

Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or
permit, the holder consents to the commission, an authorized representative of
the commission, or a peace officer entering the licensed premises at any time to
conduct an investigation or inspect the premises for the purpose of performing
any duty imposed by this code.

(b) A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor.

A clear mandate is also set by the Alcoholic Beverage Code, Title 4, Chapter 101, Section 101.07 for the cooperation between state and local peace officers:

Sec. 101.07. DUTY OF PEACE OFFICERS. All peace officers in the state, including those of cities, counties, and state, shall enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.

Disclaimer: The information posted on this site has not been prepared or approved by any police agency, police association, or legal or law enforcement professional. It has been compiled through research of already available information and should not be relied upon as legal advice or as findings of an investigation.


Next Section < - > Previous Section