TABC raiding golfers? Don’t help them abuse you.

Dear Mr. Pratt,

It has been reported to me that the Texas Alcoholic Beverage Commission (TABC) is going out on to one golf course in particular and perhaps others in the Lubbock area, and either harassing or arresting patrons on the golf course because they do not have a receipt for the beer they have in their possession on the courses and are either charged with possession of alcoholic beverages brought onto property where alcoholic beverages are sold.  Since that time, the proprietor has posted a sign on the counter warning patrons to keep their receipts for any alcoholic beverages they have on the course so they may prove to the TABC officers that they purchased the beverages on premises.

As you know, in the process of playing golf, by rummaging through your pockets, etc, receipts can slip out and be lost.  In a lot of cases, people make purchases and never pick up their receipts as well.

In my opinion, not a legal opinion, if the officer approached me, I would simply say I plead the 5th amendment, and it would be up to him to prove that I brought those drinks on illegally.  It is not up to me to prove my innocence to the officer.

It is also my opinion, this is a method to discourage customers to play golf at courses that serve alcoholic beverages and hurt their business.  Signs are posted that no alcoholic beverages are to be brought onto the premises so that the customers are aware of the law.

Sincerely,
Kenneth

Pratt responds:

It is indeed not up to you to demonstrate your innocence to police though in some circumstances it may be in your interest so to do. The TABC has a long reputation of being somewhat of a questionable, rogue agency and it wouldn’t surprise me if they are wasting time harassing golfers. If they approached me, I’d ask the person what statute required me to maintain receipts and advise him that he needs evidence to prove his case. Knowing TABC, he’d likely write a citation anyway – such is how a bully works. But, better to have any charge dismissed in court for lack of evidence than providing the TABC bullies with what they need to make their case.