Alcohol-To-Go Is Now Permanent Law of the Land in Texas
AUSTIN — Texas law now lets customers and businesses safely enjoy alcohol-to-go options. Temporary waivers to provide relief to businesses during the COVID-19 pandemic have been updated and made permanent, thanks to recent action by Texas Gov. Greg Abbott and the Texas Legislature.
The change comes as part of House Bill 1024, which was approved by the Legislature on April 28 and signed into law by Gov. Abbott on May 12. The law, which took effect immediately after it was signed by the governor, authorizes Mixed Beverage and Private Club permittees to sell alcohol — including mixed drinks — for pickup by customers or delivery, as long as they meet the requirements in the law. Certain other permittees, such as Wine and Beer Retailers, already had authority to send alcohol to go.
“This new law will help businesses keep their doors open and ensure Texans keep their jobs,” said TABC Executive Director Bentley Nettles. “TABC is grateful to Governor Abbott and members of the Texas Legislature for their leadership on this critically important measure. And a big thank you goes out to the efforts of alcohol retailers who have been safely and responsibly selling alcohol to go under last year’s waiver.”
Under the new law, Mixed Beverage and Private Club permittees may:
- Allow customers to pick up alcohol (i.e., mixed drinks, wine and malt beverages, which will include both beer and ale starting Sept. 1) with food orders.
- Deliver alcohol with food orders to customers.
- Use third parties, including agents of the retailer or contractors holding a Consumer Delivery Permit (CD), to make deliveries on their behalf.
Alcoholic beverages such as wine or malt beverages must be in their original containers or tamper-proof containers sealed by the retailer and properly labeled when sold for pickup or delivery. Distilled spirits should be sold in an original single-serving container of 375 milliliters maximum. Mixed drinks that contain distilled spirits must be in a tamper-proof container sealed by the retailer with a label that includes the retailer’s business name and the words “alcoholic beverage.” Permit holders must follow all requirements in the law, including holding a Food and Beverage Certificate (FB).
Alcoholic beverages picked up or delivered under this authority may not be transported in the passenger area of a motor vehicle.
TABC also offers the Texas Responsible Alcohol Delivery Training course specifically for drivers who will be delivering alcoholic beverages directly to consumers.
For more information, including guidelines on alcohol delivery, visit tabc.texas.gov.
Public Information Officer