APPENDIX G
The Consolidated Legal, Safety, and Health Disclaimers
Every “Heads Up” in the Book, in One Place — Hand This to a New Manager
This is the reference an owner hands a new manager and says: read this before you change anything. It gathers every legal, safety, and health caution scattered through the book into one topic-organized place, each in plain English, each naming the specific professional to call and the specific Texas agency or law involved. It is not exhaustive, it is not current forever, and it is emphatically not legal advice — it is a map of where the landmines are and who to call before you step. Read it, keep it handy, and when any topic here touches what you’re about to do, stop and call the professional named.
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THE MASTER DISCLAIMER This book is a public-relations and management guide for honky tonks and dance halls. It is not legal, financial, tax, medical, insurance, or engineering advice, and reading it creates no professional relationship of any kind. Laws, regulations, rules, figures, programs, and agency practices change constantly and vary by venue, city, county, and circumstance; every specific rule, dollar amount, and deadline mentioned anywhere in this book is a simplified snapshot that may already be out of date. Nothing here should be relied upon as a substitute for the advice of qualified professionals who know your specific situation and the current law. Before acting on anything in this book that carries legal, financial, safety, or health consequences, consult the appropriate licensed professional — an attorney, accountant, insurance agent, or other expert — and verify the current requirements with the relevant government agency. The author and publisher disclaim any liability for actions taken or not taken based on this book. In short: this book tells you what to think about and who to ask. It does not replace asking. |
What follows are the specific areas that carry real legal, safety, or health risk, each pointing to the professional and the law involved. They are organized by topic; the chapter where each is discussed in full is noted.
Alcohol Service & Dram-Shop Liability
Serving minors or visibly intoxicated patrons is both a TABC violation and the trigger for dram-shop civil liability that can reach into the millions, plus criminal exposure. Call: a qualified Texas alcoholic-beverage (TABC) attorney; your insurer for liquor-liability coverage. Comply with: the Texas Alcoholic Beverage Code and every applicable Safe Harbor condition if your operation relies on that protection; consider requiring current TABC seller/server certification for all alcohol-service staff. Agency: TABC. (Chapters 25, 27, 28.)
Music Licensing & Copyright
Performing copyrighted music — live, recorded, karaoke, or livestreamed — without proper licenses is infringement, with willful damages up to $150,000 per work. Call: the four PROs (ASCAP, BMI, SESAC, GMR) for licenses; a qualified attorney for online/livestream questions. Note: karaoke needs licensed tracks; livestreaming may need separate licenses. (Chapter 28; Appendix E.)
Games of Chance — Bingo, Raffles, Prize Games
Gambling (consideration + chance + prize) is illegal unless it fits a narrow legal exception. Comply with: the Texas Bingo Enabling Act and Charitable Raffle Enabling Act (charitable/qualified-nonprofit only); keep your own games free-to-play to stay outside gambling. Call: a qualified attorney. Agency: Texas Lottery Commission (Charitable Bingo & Raffles). (Chapter 13.)
Drink Specials & Gender-Based Promotions
Many specials (two-for-one, all-you-can-drink, volume discounts, more than one drink at once, happy hour past 11 p.m.) are prohibited, and gender-based pricing or admission (“ladies’ night”) raises public-accommodation discrimination problems. Comply with: TABC Rule 45.103 and related law; public-accommodation law. Call: a qualified attorney. Agency: TABC. (Chapter 17.)
Mechanical Bull, Live Animals & Rodeo Events
Mechanical bulls and live-animal or rodeo events carry serious injury and welfare risk. Use: signed liability waivers, a trained operator, proper padding/enclosure. Call: your insurance carrier (confirm coverage), a qualified attorney, and — for animals — a veterinarian; check municipal animal rules. (Chapter 16.)
Dance Floor & Dance Lessons — Premises Liability
Dancing and lessons create premises-liability exposure for slips, falls, and injuries. Use: written instructor/independent-contractor agreements; reasonable floor maintenance and signage. Call: your insurance carrier and a qualified attorney. (Chapter 14.)
Customer-Mark Traditions — Fire Code & Tax
Dollar-bill ceilings, wall signatures, and similar traditions can raise fire-code (combustible-coverage) and tax/income questions. Call: your local fire marshal (surface and coverage limits) and your CPA (any income/tax treatment of affixed cash). (Chapter 18.)
Food Allergens & Dietary Health
Never make medical or health claims about food. Know and disclose the major allergens accurately. Comply with: the FDA Food Code’s nine major allergens; honest labeling. Call: a food-safety professional. Agencies: Texas DSHS and your local health department. (Chapter 20.)
Food Safety, Permits & Labeling
Serving food requires permits, safe-handling practices, and compliance with labeling rules (including Texas SB 25’s packaged-food provisions). Comply with: local food-permit and handler-certification requirements; SB 25. Call: your local health department and a qualified attorney. Agency: Texas DSHS / local health department. (Chapter 20.)
Email & Text Marketing
Texting and emailing customers is governed by strict consent and disclosure law, with real per-message penalties. Comply with: the TCPA (and Texas telemarketing rules — note the separate-consent requirements), and CAN-SPAM for email. Use: a compliant messaging platform with proper opt-in and opt-out. Call: a qualified attorney. (Chapter 22.)
Photos, Video & Influencers
Using people’s images, others’ photos/video, or paid/comped influencers implicates copyright, the right of publicity, and FTC disclosure rules. Use: written photo/video and model releases; permission before reposting; clear disclosure of any paid/comped relationship. Note: Texas Property Code Ch. 26 covers deceased persons’ likenesses; common law covers the living. Call: a qualified attorney. Agency: FTC (disclosure). (Chapter 21.)
Private Events
Private parties, weddings, and rentals raise contract, host-liability, and insurance issues — and alcohol rules still apply (no illegal BYOB onto a Mixed Beverage premises; any payment for drinks is a sale; dram-shop persists). Use: clear written event contracts. Call: your attorney and insurer (confirm event coverage). Agency: TABC. (Chapter 27.)
Safe-Ride Programs & Parking-Lot Safety
Offering safe rides is good practice but does not eliminate your dram-shop duty, and your parking lot carries premises-liability and ADA obligations. Call: your attorney, your insurer, and TABC for guidance; partner with rideshare/TxDOT/MADD on messaging. (Chapter 24.)
Severe Weather & Event Safety
Outdoor and large events need a written severe-weather plan (lightning, heat, flooding) and clear cancellation protocols. Use: a written weather/safety plan; consider event-cancellation insurance. Call: your local fire marshal and emergency-management office; your insurer. Agency: National Weather Service / local emergency management. (Chapter 25.)
Crisis Situations
In any incident involving injury, death, or potential liability, what you say publicly can become evidence. Rule: contact your attorney and insurance carrier before making any public statement; preserve evidence; do not speculate, assign blame, or make legal admissions; express concern, provide confirmed safety information, and coordinate further statements with counsel and your insurer. Call: your attorney and insurer promptly. (Chapter 29; Appendix B.)
Employment, Wage & Workers’ Matters
Hiring, wages, classification, scheduling, and workplace law are largely outside this PR book’s scope — and they are consequential. Call: a qualified employment attorney. Agency: the Texas Workforce Commission (and federal labor authorities). (Noted for completeness.)
Insurance, Generally
Insurance is what survives the catastrophe that compliance couldn’t prevent. Carry: adequate general-liability, liquor-liability (dram-shop), property, and event coverage — plus specialized coverage for a historic building. Do: review your coverage annually with a licensed agent as your operation changes. Call: a licensed insurance agent who understands hospitality (and historic venues). (Chapters 28, 31, 32.)
THE BOTTOM LINE Every entry above is a simplified pointer, not the law, and all of it changes over time. The single habit that protects you is the one this whole book repeats: when something carries legal, safety, financial, or health stakes, stop guessing and call the right professional — the attorney, the accountant, the insurer, the agency — before you act, and verify the current rule for yourself. Keep those relationships standing year-round, not just for emergencies. Do that, and the cautions in this book do their job: not to scare you out of running a great honky tonk, but to help you run one that’s still standing, still legal, and still yours for the long game. Read this before you change anything. |
Put this chapter to work
Continue the lesson with connected resources
The chapter explains the principle. These resources help you practice it, document it, calculate it or train it in the room.
Use the resource that matches the decision in front of you. A tool supports judgment; it does not replace current law, venue policy, qualified professional advice or the person responsible for the operation.