Alcohol Industry Management System (AIMS) FAQs Show
Read more Personal Importation and Ports of Entry FAQs Read more GeneralA malt beverage is a fermented beverage containing 0.5% or more of alcohol by volume that is brewed or produced from malt or a malt substitute. This includes both beer and ale. Before state law consolidated beer and ale into malt beverages in 2021, beer and ale were separate classifications. No. If the ownership of a business changes hands, the new owner must apply for their own license or permit. The license or permit cannot be transferred to the new owner. Yes, but only upon approval of the TABC after the holder submits an application requesting such a change. A license to sell beer may only be transferred to a location within the county in which it was originally issued. A permit to sell liquor may be transferred to another location in Texas. Yes, for any violation of the Alcoholic Beverage Code after a hearing before the State Office of Administrative Hearings and possible appeal. See Code sections 5.35, 11.61 and 61.71. It takes about 45 to 60 days. This time can vary depending on the type of license or permit you’ve applied for and the certification required by the local governing authorities in the city and county of the proposed location. It can take longer than 60 days, so it’s important begin the application process as early as possible. For help with the licensing process, please contact your local TABC office. They can walk you through the process, provide you with the forms you need and answer your questions. This is what the Texas Alcoholic Beverage Code allows city councils or county commissioners to do:
Local governments are not required to have these ordinances (the statute is merely permissive) and are free to grant variances as they see fit. If the city or county has not adopted such an ordinance, then there is no requirement that a location selling alcoholic beverages must be any specific distance from a church, school, public hospital, daycare center or child care facility. Citations issued by TABC agents are essentially the same as speeding tickets. They are handled in a municipal or Justice of the Peace court, and the local officials collect the fines. As with all tickets, a small portion is remitted to the State of Texas but does not go to TABC’s budget.
All alcoholic beverage retailers must post one of two Handgun Warning Signs. The two signs are based on the retailer’s percentage of alcohol sales:
Visit the Sign Requirements page to learn more. Yes. But to be truly “free,” it must be available to any adult who walks in the door and requests it. If it’s only available to paying customers, the assumption is that the cost of the alcohol is included in the price of the service. In this case, the retailer would be “selling” the wine, and a permit would be required. When the establishment provides the alcoholic beverage, there can’t be any expectation of receiving money. The establishment can’t ask for a “donation” or “tip.” If the alcoholic beverage will only be available to paying guests, the establishment will need a permit. A peace officer may inspect the premises covered by a license or permit at any time without a search warrant to perform any duty imposed by the Texas Alcoholic Beverage Code. The premises include all of the grounds and related buildings, vehicles and appurtenances (items and accessories), as well as the adjacent premises under the control of the permittee or licensee when covered by the TABC license or permit. In some cases, specific parts of the premises may be diagramed off the licensed premises and not subject to search without a warrant. A copy of the TABC-approved diagram must be publicly posted with the license or permit. If living quarters are located on the premises and have not been diagramed off the licensed premises, it is suggested that the officer get voluntary consent to search or secure a search warrant before searching this area. Age RequirementsIf the minor is:
Off-Premise Retailers Generally, no license/permit holder may employ someone younger than 18 to sell, prepare, serve or otherwise handle alcoholic beverages or help in doing so. The exceptions are:
On-Premises Retailers No person under 18 can be employed to sell, prepare, serve or handle alcoholic beverages or assist in doing so. Unless they’re the minor's parent, legal guardian or adult spouse, any person who makes an alcoholic beverage available to a minor violates the law and is subject to criminal penalties. See Alcoholic Beverage Code Section 106. However, there is a defense to prosecution if the minor falsely represents themselves to be 21 or older by displaying an apparently valid Texas driver's license or Department of Public Safety ID card with a physical description consistent with their appearance. State law does not require that a person over 21 provide any ID to purchase alcohol in Texas. But since store clerks, wait staff and bartenders can be held criminally liable for selling to a minor, they often require a military, state or federal government-issued photo ID to prove their age. Learn more on our Age Verification page. Generally yes, if they do not possess or consume an alcoholic beverage. A minor may not enter the premises of a package store unless accompanied by an adult parent, spouse or guardian. A licensee or permittee may have a “house rule” that minors may not enter their licensed premises. There is no minimum age for attending a seller/server training course. Depending on the type of permit held by the establishment, there may or may not be age limits for selling/serving alcohol. The limits are as follows:
Hours of Sale and ConsumptionOn-premise license or permit (e.g., bar or restaurant):
Off-premise beer/wine license or permit (e.g., convenience store or grocery store):
Liquor store (also known as package store):
Sports venue:
Festival, fair or concert:
Winery:
This depends on the type of area. An “extended-hours area” means an area subject to the extended hours of sale provided in Alcoholic Beverage Code sections 105.03 or 105.05. In an extended-hours area, a person may not consume or possess with intent to consume an alcoholic beverage in a public place:
In a standard-hours area, a person may not consume or possess with intent to consume an alcoholic beverage in a public place:
A general, local or branch distributor's license holder may sell, offer for sale or deliver beer anytime except between 1 a.m. and noon Sunday.
Distributors and wholesalers of malt beverages and wine can restock, rotate, affix prices, and reset or rearrange alcoholic beverages they sell from 5 a.m. to noon Sunday. See TABC Administrative Rule 45.109(d)
Yes. There are no laws against selling alcohol on election day. Alcohol To GoDue to COVID-19 and current executive orders, the most up-to-date information about alcohol delivery and to-go sales is on our Coronavirus Information page. Visit that page to learn more. Importing Alcoholic Beverages for ResaleThe holder of a Manufacturer’s License (BA) or General Distributor’s License (BB) who also holds an Importer’s License (BI) can purchase beer from the holder of a Nonresident Manufacturer’s License (BS). They can then sell the beer to retailers and distributors in Texas. Beer is defined as a malt beverage containing half of 1% or more alcohol by volume and not more than 4% alcohol by weight. The manufacturer of the beer being shipped into this state will need to hold a Nonresident Manufacturer's License (BS). This license holder may transport beer into Texas by common carrier holding a Carrier's Permit (C) or in motor vehicles owned or leased by the nonresident manufacturer. This beer may only be shipped and sold to holders of an Importer's License (BI). With some restrictions, the holder of a Wholesaler's Permit (W) or Winery Permit (G) can purchase wine from the holder of a Nonresident Seller's Permit (S) outside of Texas. They can then sell the wine to retailers and wholesalers inside Texas. A winery outside of Texas or the primary American source of supply will need to hold a Nonresident Seller's Permit (S). This permit is required of all entities that export alcoholic beverages containing alcohol in excess of 4% by weight into the state. The nonresident seller must ship their products by a common carrier that holds a Carrier's Permit (C) and may only sell to the following permit holders in Texas:
Public IntoxicationTexas Penal Code Section 49.02 defines intoxication as not having the normal use of mental or physical faculties because of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. It can also be having an alcohol concentration of 0.08 or more. A person commits a public intoxication offense if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. Public intoxication is a Class C misdemeanor punishable by a fine up to $500. See Texas Penal Code Section 49.02. No. They may offer a portable breath test, but breath or blood samples are not required for a public intoxication citation. Selling an alcoholic beverage with criminal negligence to an intoxicated person is a violation of Alcoholic Beverage Code Section 101.63. It’s a misdemeanor punishable by a fine between $100 and $500 and/or up to a year in jail. No. TABC agents are obligated to regularly inspect bars and restaurants. And any location permitted to sell or serve alcoholic beverages in Texas is defined as a public place. According to Texas Penal Code Section 1.07, a “public place” means anywhere the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. Bring Your Own Beverage (BYOB)There are no statewide bring-your-own-beverage (BYOB) laws in Texas. Check with your city or county for relevant local ordinances. State law does say it's illegal to bring alcoholic beverages onto the premises of the holder of a Mixed Beverage Permit (MB) or Private Club Registration Permit (N). Otherwise, nothing in state law prohibits a guest from bringing their own alcoholic beverages onto the premises of a bar or restaurant or other establishment that is licensed to sell wine or beer, or into an establishment that is not licensed to sell alcoholic beverages. You may allow customers to bring their own alcoholic beverages onto your premises while you are applying for a TABC permit. If you are obtaining a Wine and Beer Retailer's Permit (BG), you can continue to allow customers to bring their own alcoholic beverages, even after you obtain a TABC permit. Some establishments that sell only wine and beer allow customers to bring in distilled spirits and sell "set-ups." This would not be legal with a Private Club Registration Permit (N) or Mixed Beverage Permit (MB). Avoid legal violations on the premises before and after getting your TABC permit. Illegal activity on the premises will interfere with the permitting process.
Public Intoxication: A person commits public intoxication if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. See Texas Penal Code Section 49.02. According to Texas Penal Code Section 1.07(40), a “public place” means anywhere the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. Section 47.01(8) specifically excludes restaurants, taverns and nightclubs from being private places. What time can you buy alcohol in Texas 2022?Texas bars and restaurants can sell beer, wine, and liquor Monday through Saturday from 7 a.m. until 2 a.m. On Sunday they may sell alcohol from 10 a.m. until 2 a.m. However, from 10 a.m. until noon on Sunday alcohol can only be served with food. Both retailers can offer alcohol with to-go orders.
Can you buy beer and wine before noon in Texas?A person may sell, offer for sale, or deliver malt beverages between 7 a.m. and midnight Monday-Friday and on Saturday nights until 1 a.m. on Sunday.
What time can you buy beer and wine on Sunday in Texas?When can you buy beer on Sunday? Beer can be bought at grocery stores or other retailers starting at 10 a.m. on Sunday, and have until midnight to do so. Before HB 1518, consumers had to wait until noon on Sunday to purchase beer.
What's the earliest I can buy alcohol in Texas?What are the legal hours of sale/service of alcoholic beverages in Texas?. Monday-Friday: 7am-midnight.. Saturday: 7am-1am (Sunday morning). Sunday: Noon to midnight. ( 10am-noon only in conjunction with the service of food). |