RBS EXAM 2025 | Actual Exam
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[SECTION 1: ALCOHOL LAW & LEGAL LIABILITY] (20 Questions)
1: Under Texas dram shop liability laws, a server can be held civilly liable for damages
Q
caused by an intoxicated patron if which condition is met?
A. The patron consumed any amount of alcohol on the premises
B. The server provided alcohol to a visibly intoxicated person who then caused injury
C. The patron's BAC exceeded 0.08% at the time of service
D. The establishment failed to post required warning signs
Correct Answer: B
Rationale: Texas Alcoholic Beverage Code Section 2.02 establishes dram shop liability
when an employee serves alcohol to a person who is "obviously intoxicated to the
extent that he presented a clear danger to himself and others." The key element is
visible intoxication at the time of service, not merely high BAC or consumption volume.
Option A is incorrect because liability requires more than mere service—it requires
service to an obviously intoxicated person. Option C is incorrect because dram shop
liability focuses on visible signs of intoxication, not specific BAC levels. Option D
describes a regulatory violation but not the basis for civil dram shop liability.
, 2: What is the maximum blood alcohol concentration (BAC) for a driver to be legally
Q
intoxicated while operating a commercial motor vehicle in Texas?
A. 0.08%
B. 0.05%
C. 0.04%
D. 0.02%
Correct Answer: C
Rationale: Under Texas Transportation Code § 49.01 and Federal Motor Carrier Safety
Regulations, the legal BAC limit for commercial drivers is 0.04%, half the standard
0.08% limit for non-commercial drivers. This stricter standard reflects the increased
danger posed by commercial vehicles and the professional responsibility of commercial
drivers. Option A (0.08%) applies to non-commercial drivers over 21. Option B (0.05%)
has no legal basis in Texas. Option D (0.02%) applies to drivers under 21 (zero
tolerance policy).
3: Which of the following describes "server immunity" under Texas Alcoholic Beverage
Q
Code Section 106.14?
A. Servers are immune from all criminal charges related to alcohol service
B. Servers cannot be sued civilly for dram shop violations
C. Servers who complete TABC certification and follow procedures have an affirmative
defense against certain criminal charges
D. Servers are immune from administrative penalties imposed by TABC
Correct Answer: C
Rationale: Texas Alcoholic Beverage Code § 106.14 provides an affirmative defense
(not absolute immunity) for employees who hold valid TABC seller-server certification
and follow specific procedures when checking IDs and refusing service. This defense
applies to certain criminal charges related to sales to minors or intoxicated persons if
the server followed their training. Option A is incorrect because immunity is not absolute
and doesn't cover all criminal charges. Option B is incorrect because server immunity
does not apply to civil dram shop liability. Option D is incorrect because administrative
penalties remain possible for establishment violations.
, 4: Under Texas law, what is the minimum age requirement for a person to legally sell
Q
or serve alcoholic beverages in an establishment that holds a mixed beverage permit?
A. 16 years old with parental consent
B. 17 years old
C. 18 years old
D. 21 years old
Correct Answer: C
Rationale: Texas Alcoholic Beverage Code § 106.09 requires persons selling or serving
alcoholic beverages to be at least 18 years of age. This applies to all permit types
including mixed beverage permits (MB), beer and wine permits (BG), and package store
permits (P). Option A is incorrect because no parental consent exception exists for
alcohol service. Option B (17) has no legal basis. Option D (21) is the minimum age for
consumption, not service.
5: A patron at your establishment becomes intoxicated and drives away, subsequently
Q
causing a fatal accident. Under Texas dram shop law, which party is primarily liable for
civil damages?
A. Only the intoxicated driver
B. The server who provided the final drink and the establishment
C. The Texas Alcoholic Beverage Commission
D. The patron's companions who encouraged drinking
Correct Answer: B
Rationale: Texas Alcoholic Beverage Code § 2.02 establishes that both the individual
server (employee) and the establishment (employer) can be held civilly liable under
dram shop provisions when alcohol is served to an obviously intoxicated person who
causes damages. The server is liable for their negligent service, and the establishment
is vicariously liable for their employee's actions within the scope of employment. Option
A ignores dram shop liability. Option C is incorrect because TABC is a regulatory
agency, not a liable party. Option D describes social host liability, which applies to
non-commercial providers, not licensed establishments.
, 6: What is the legal standard for "obvious intoxication" under Texas dram shop
Q
liability?
A. A BAC of 0.10% or higher
B. Observable signs of intoxication that a reasonable person would recognize
C. The patron's admission of being drunk
D. Any consumption of more than three drinks per hour
Correct Answer: B
Rationale: Texas courts have interpreted "obvious intoxication" (Alcoholic Beverage
Code § 2.02) as requiring visible, observable signs that a reasonable server would
recognize as indicating intoxication—such as slurred speech, unsteady gait, impaired
coordination, or bloodshot eyes. This is an objective standard based on outward
appearance, not subjective admissions or specific BAC levels. Option A is incorrect
because dram shop liability doesn't require specific BAC measurements. Option C is
insufficient because intoxicated persons often deny impairment. Option D is incorrect
because consumption rate alone doesn't establish obvious intoxication.
7: Under Texas Alcoholic Beverage Code Section 11.61, what administrative penalty
Q
can TABC impose on a permit holder for selling alcohol to a minor with criminal
negligence?
A. Only a written warning for first offenses
B. Suspension of permit for up to 60 days or civil penalty up to $4,000 per violation
C. Immediate revocation of the permit without hearing
D. Mandatory community service for the permit holder
Correct Answer: B
Rationale: Texas Alcoholic Beverage Code § 11.61 authorizes TABC to suspend permits
for up to 60 days or impose civil penalties up to $4,000 per violation for sales to minors.
These administrative penalties are separate from criminal charges and apply to the
permit holder (establishment). Option A is incorrect because TABC does not issue mere
warnings for sales to minors. Option C is incorrect because revocation requires multiple
violations or aggravating circumstances and due process. Option D describes criminal
sentencing, not administrative penalties.
Questions | Latest Update | Verified Q&A
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[SECTION 1: ALCOHOL LAW & LEGAL LIABILITY] (20 Questions)
1: Under Texas dram shop liability laws, a server can be held civilly liable for damages
Q
caused by an intoxicated patron if which condition is met?
A. The patron consumed any amount of alcohol on the premises
B. The server provided alcohol to a visibly intoxicated person who then caused injury
C. The patron's BAC exceeded 0.08% at the time of service
D. The establishment failed to post required warning signs
Correct Answer: B
Rationale: Texas Alcoholic Beverage Code Section 2.02 establishes dram shop liability
when an employee serves alcohol to a person who is "obviously intoxicated to the
extent that he presented a clear danger to himself and others." The key element is
visible intoxication at the time of service, not merely high BAC or consumption volume.
Option A is incorrect because liability requires more than mere service—it requires
service to an obviously intoxicated person. Option C is incorrect because dram shop
liability focuses on visible signs of intoxication, not specific BAC levels. Option D
describes a regulatory violation but not the basis for civil dram shop liability.
, 2: What is the maximum blood alcohol concentration (BAC) for a driver to be legally
Q
intoxicated while operating a commercial motor vehicle in Texas?
A. 0.08%
B. 0.05%
C. 0.04%
D. 0.02%
Correct Answer: C
Rationale: Under Texas Transportation Code § 49.01 and Federal Motor Carrier Safety
Regulations, the legal BAC limit for commercial drivers is 0.04%, half the standard
0.08% limit for non-commercial drivers. This stricter standard reflects the increased
danger posed by commercial vehicles and the professional responsibility of commercial
drivers. Option A (0.08%) applies to non-commercial drivers over 21. Option B (0.05%)
has no legal basis in Texas. Option D (0.02%) applies to drivers under 21 (zero
tolerance policy).
3: Which of the following describes "server immunity" under Texas Alcoholic Beverage
Q
Code Section 106.14?
A. Servers are immune from all criminal charges related to alcohol service
B. Servers cannot be sued civilly for dram shop violations
C. Servers who complete TABC certification and follow procedures have an affirmative
defense against certain criminal charges
D. Servers are immune from administrative penalties imposed by TABC
Correct Answer: C
Rationale: Texas Alcoholic Beverage Code § 106.14 provides an affirmative defense
(not absolute immunity) for employees who hold valid TABC seller-server certification
and follow specific procedures when checking IDs and refusing service. This defense
applies to certain criminal charges related to sales to minors or intoxicated persons if
the server followed their training. Option A is incorrect because immunity is not absolute
and doesn't cover all criminal charges. Option B is incorrect because server immunity
does not apply to civil dram shop liability. Option D is incorrect because administrative
penalties remain possible for establishment violations.
, 4: Under Texas law, what is the minimum age requirement for a person to legally sell
Q
or serve alcoholic beverages in an establishment that holds a mixed beverage permit?
A. 16 years old with parental consent
B. 17 years old
C. 18 years old
D. 21 years old
Correct Answer: C
Rationale: Texas Alcoholic Beverage Code § 106.09 requires persons selling or serving
alcoholic beverages to be at least 18 years of age. This applies to all permit types
including mixed beverage permits (MB), beer and wine permits (BG), and package store
permits (P). Option A is incorrect because no parental consent exception exists for
alcohol service. Option B (17) has no legal basis. Option D (21) is the minimum age for
consumption, not service.
5: A patron at your establishment becomes intoxicated and drives away, subsequently
Q
causing a fatal accident. Under Texas dram shop law, which party is primarily liable for
civil damages?
A. Only the intoxicated driver
B. The server who provided the final drink and the establishment
C. The Texas Alcoholic Beverage Commission
D. The patron's companions who encouraged drinking
Correct Answer: B
Rationale: Texas Alcoholic Beverage Code § 2.02 establishes that both the individual
server (employee) and the establishment (employer) can be held civilly liable under
dram shop provisions when alcohol is served to an obviously intoxicated person who
causes damages. The server is liable for their negligent service, and the establishment
is vicariously liable for their employee's actions within the scope of employment. Option
A ignores dram shop liability. Option C is incorrect because TABC is a regulatory
agency, not a liable party. Option D describes social host liability, which applies to
non-commercial providers, not licensed establishments.
, 6: What is the legal standard for "obvious intoxication" under Texas dram shop
Q
liability?
A. A BAC of 0.10% or higher
B. Observable signs of intoxication that a reasonable person would recognize
C. The patron's admission of being drunk
D. Any consumption of more than three drinks per hour
Correct Answer: B
Rationale: Texas courts have interpreted "obvious intoxication" (Alcoholic Beverage
Code § 2.02) as requiring visible, observable signs that a reasonable server would
recognize as indicating intoxication—such as slurred speech, unsteady gait, impaired
coordination, or bloodshot eyes. This is an objective standard based on outward
appearance, not subjective admissions or specific BAC levels. Option A is incorrect
because dram shop liability doesn't require specific BAC measurements. Option C is
insufficient because intoxicated persons often deny impairment. Option D is incorrect
because consumption rate alone doesn't establish obvious intoxication.
7: Under Texas Alcoholic Beverage Code Section 11.61, what administrative penalty
Q
can TABC impose on a permit holder for selling alcohol to a minor with criminal
negligence?
A. Only a written warning for first offenses
B. Suspension of permit for up to 60 days or civil penalty up to $4,000 per violation
C. Immediate revocation of the permit without hearing
D. Mandatory community service for the permit holder
Correct Answer: B
Rationale: Texas Alcoholic Beverage Code § 11.61 authorizes TABC to suspend permits
for up to 60 days or impose civil penalties up to $4,000 per violation for sales to minors.
These administrative penalties are separate from criminal charges and apply to the
permit holder (establishment). Option A is incorrect because TABC does not issue mere
warnings for sales to minors. Option C is incorrect because revocation requires multiple
violations or aggravating circumstances and due process. Option D describes criminal
sentencing, not administrative penalties.
