This is not an accurate statement. TABC agents and police officers arrest people in bars all the time for PI. If they do, the agents will also usually arrest the bartender/waitress for serving an intoxicated person.G.A. Heath wrote:If the area is licensed for on premises consumption then officers can not arrest someone for Public intoxication.
The requirements for public intoxication are that the person be:
A. in a public place, and
B. intoxicated to the point of being a danger to himself or others.
A business that has a license from TABC to sell alcohol for on-premises consumption is usually a public place. The definition of public place is any place that is open to a significant portion of the public, either by physical entry or by view (looking in). It has nothing to do with the ownership of the property.
And yes, there have been many cases where courts have ruled that a person's living room is a public place. One case involved a man who liked to stand in front of his window while nude. He was charged with disorderly conduct for exposing himself while in a public place.