Shift Shots?

Today an INMATE asked if it was illegal, in Texas, for employers and/or owners of a bar to drink on the premises of that bar.  This question generated a lot of comments and opinions about the legality of drinking at work.  I bet almost every INMATE has either consumed drinks while working or when at at work, but off the clock.  Surely this couldn't be illegal!  Could it?

I looked into this and I will now drop some knowledge for the INMATES.  I am sure the suspense is killing you, so I will cut right to the answer.  The short answer is NO, it is not illegal in Texas to drink at the place where you work.  I can hear the collective sigh of relief.  But, of course as anything with the law, it's not that simple.  Let me now direct you to Section 104.01 of the Texas Alcoholic Beverage Code...

Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. No person authorized to sell beer at retail, nor his agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offen­sive to public decency, including, but not limited to, any of the following acts:

1. the use of loud and vociferous or obscene, vulgar, or indecent lan­guage, or permitting its use;
2. the exposure of person or permitting a person to expose his person;
3. rudely displaying or permitting a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail estab­lishment;
4. solicitation of any person to buy drinks for consumption by the retailer or any of his employees;
5. being intoxicated on the licensed premises;
6. permitting lewd or vulgar entertainment or acts;
7. permitting solicitations of persons for immoral or sexual purposes;
8. failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or
9. possession of a narcotic or any equipment used or designed for the administering of a narcotic or permitting a person on the licensed premises to do so.

Subsection (5) states that it is illegal for an employee to be intoxicated on the premises of their cell (bar/restaurant/etc).  But, there is nothing in the code that prohibits you from drinking at work, whether you are on or off the clock.  So, there you have it, you can drink at your cell but just don't get hammeled (for those of you that are unaware of what "hammeled" means - please contact INMATE AJ Hammel). 

P.S. -  you might want to read the other subsections listed above because those too are illegal.  But good luck not using vulgar language on the job.