New Breach of Peace Rule; Amendment of JM&A A/B Policies

The TAB Code has long required that permitholders report breaches of the peace that occur on their licensed premises to the TABC.  However, up to now the TABC has not defined when a “breach of the peace” should be deemed to have occurred or how soon it is to be reported.  New Rule §35.32, which will become effective August 21, 2011, addresses these concerns.

Under Rule §35.32, the following occurrences will be deemed to be reportable breaches of the peace

  • when law enforcement or emergency medical services personnel respond to the licensed premises, or when a disturbance is created on the licensed premises by a person:
    • shooting, stabbing or murdering a person;
    • causing bodily injury to another person;
    • threatening another person with a weapon;
    • discharging a firearm on the licensed premises; or
    • destroying the permittee’s or licensee’s property, if the incident is reported by the permittee or licensee to a law enforcement agency.
  • Conduct identified in bullet points above, other than a shooting, stabbing or murder, or an incident involving serious bodily injury, creates a “disturbance” that is considered to be a reportable breach of the peace, when it:
    • occurs at a time when the permittee or licensee, or any person allowed by the permittee or licensee, is on the licensed premises; and
    • interferes with, interrupts, or intrudes upon the operation or management of the licensed premises
  • A shooting, stabbing or murder, or an incident involving serious bodily injury, on the licensed premises is always a “disturbance”, and therefore is always a reportable breach of the peace.

Any breach of peace on your licensed premises involving a shooting, stabbing or murder, or an incident involving serious bodily injury, must be reported not later than 24 hours from the time of the incident.  Otherwise, breaches should be reported as soon as possible, but not later than five calendar days after the incident.

In order to qualify for the Seller Training Safe Harbor, which protects your permits from dram shop violations, you are required to adopt Alcoholic Beverage Policies & Procedures (ABP&P) intended to dissuade your employees from serving minors or intoxicated individuals.  While ABP&P are only required to address these dram shop issues, we have always used them to provide our client’s employees with a broader range of information concerning their responsibilities under the TAB Code, including the requirement to report breaches of the peace.  With the adoption of Rule §35.32, these ABP&P need to be revised to incorporate the new reporting requirements.

If you have adopted our form of ABP&P, please let us know if you would like us to provide you with an updated version incorporating the new breach of peace reporting requirements.

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