(a) This rule implements Alcoholic Beverage Code §5.361(a-1) and (a-2)(1), which require the commission to develop by rule a plan for inspecting permittees and licensees using a risk-based approach that prioritizes public safety.
(b) The commission will classify each licensed or permitted premises as priority or non-priority, for inspection purposes. In classifying a premises, the commission may consider factors including, but not limited to:
  (1) the type of license or permit held;
  (2) the location of the licensee's or permittee's premises;
  (3) previous public safety violations committed by the premises;
  (4) any breaches of the peace occurring at the licensee's or permittee's premises;
  (5) the licensee's or permittee's record of compliance with the Alcoholic Beverage Code and these rules;
  (6) any public safety-related complaints received by the commission against the premises;
  (7) whether the premises has regularly completed and submitted the report required by §41.12 of this title, concerning Compliance Reporting by License and Permit Holders; and
  (8) whether the premises is a "priority location" for enforcement purposes under subsection (c) of this section.
(c) For purposes of this section, a premises is a "priority location" if:
  (1) any public safety-related violations have occurred on the premises during the past six months;
  (2) the commission is currently investigating any allegations of public safety violations at the premises;
  (3) the premises has been licensed for less than two years for off-premises consumption, and has not been the target of any underage compliance operation or other public safety operation; or
  (4) the premises has been licensed for less than two years for on-premises consumption, holds a late hours certificate, and has not been the target of an underage compliance operation or other public safety operation.
(d) It is the commission's goal to inspect a licensed or permitted premises classified as:
  (1) priority not less than once every six months; or
  (2) non-priority on an as-needed basis, but not less than required by §35.2 of this title.
(e) Inspections under this section may be virtual, physical, or a combination of both.

Source Note: The provisions of this §35.3 adopted to be effective June 6, 2022, 47 TexReg 3244