3 Texas Alcohol Laws You Should Know Before Becoming TABC Certified
Understanding alcohol laws in Texas will help you get your TABC certification faster and make better, more informed decisions on the job. There are many Texas alcohol laws but knowing these three will ensure you’re one step ahead when selling or serving alcohol. Don’t just think you know Texas law, get certified and be certain you sell or serve alcohol the right way.
The Minimum Drinking Age in Texas
Underage Drinking
In the Lone Star State, the Texas drinking age is firmly set at 21 years old. This means anyone under the age of 21 is prohibited from purchasing, possessing, or consuming alcohol.
There are some exceptions, though. For example, many people wonder, “Can a minor drink with their parents at restaurants in Texas?” According to Texas law, a minor may possess and consume alcohol when in the visible presence of their legal-aged parent, guardian, or spouse.
Although Texas law says this is allowed, it does not mean your company or organization is required to allow it. In other words, your business or organization can have rules that are stricter than state law, and your employer’s policy may prevent anyone under 21 from consuming alcohol on your premises, even with their parents. Be sure to review your policy and speak with management to determine what you should do in this situation.
Always remember that it is never legal to sell or serve alcohol to a minor. If your employer allows minors to possess and consume alcohol in this scenario, you need to do everything through the parent, and the parent only. Take the order from the parent, serve the drink to the parent, and take payment from the parent.
Two more exceptions are that a minor may possess alcohol during the scope of their employment and may possess and purchase alcohol when assisting a police officer in the enforcement of the alcoholic beverage code (like during a sting operation).
Consequences of Underage Drinking
The penalties for underage drinking in Texas can be severe. A minor caught purchasing, attempting to purchase, possessing, or consuming alcohol can face fines, community service, and even jail time. Additionally, a conviction can have long-lasting consequences, such as difficulty obtaining a driver’s license or securing certain jobs.
Consequences of Selling or Serving Alcohol to a Minor
If you sell or serve alcohol to a minor, you could be hit with a $4,000 fine, jail for up to a year, or both. Additionally, you could be found liable for any damages caused by an intoxicated minor you sold or served alcohol to. But, you will not be charged if the minor shows you an apparently valid ID issued by a governmental agency that contains a physical description and photograph that matches the minor’s appearance and shows him or her to be 21 years of age or older.
Designated Drivers Are Great, but Public Intoxication Is Still Illegal
A designated driver is a person in a group who chooses not to drink alcohol to provide a safe and sober ride for the group. That’s awesome, but it does not mean the rest of the group can drink as much as they want. Public intoxication is still illegal and is defined as “To appear in a public place while intoxicated to the degree that the person may endanger the person or another.”
It’s also against the law to sell or serve alcohol to a person who you know is intoxicated.
This is why it’s supremely important to be on the lookout for common signs of intoxication. If you have reason to believe your customer is intoxicated or will become intoxicated by another drink, you are legally obligated to cut them off or refuse the sale. Don’t let the customer convince you to give them “just half a glass of wine.” It’s illegal. Some seller-servers believe they have discretion in this situation, and they are incorrect.
To-Go Is No Longer a No-Go
You may remember those temporary alcohol-to-go waivers that helped Texas businesses weather COVID-19. They are now a permanent fixture in the Lone Star State’s landscape thanks to the collaborative efforts of Governor Greg Abbott and the Texas Legislature. So, Texans can continue to enjoy the convenience and safety of alcohol-to-go options.
House Bill 1024, which was passed by the Legislature on April 28th and officially signed into law by Governor Abbott on May 12th, 2021, grants Mixed Beverage and Private Club permit holders the authority to sell alcohol, including mixed drinks, for customer pickup or delivery, as long as they meet the requirements in the law.
Customers can now pick up alcoholic beverages, including mixed drinks, wine, and malt beverages (beer and ale), along with their food orders. Delivery, whether it’s delivered by you or a third party, may also now include alcoholic beverages.
Important Packaging and Labeling Requirements
To ensure responsible alcohol service and prevent tampering, the law mandates specific packaging and labeling guidelines:
- The alcohol must be accompanied by a food order that was prepared on the business’s premises; and
- Note: There is no required food-to-alcohol ratio.
- Malt beverages and wine are in their original container sealed by the manufacturer.
- Malt beverages and wine are in a tamper-proof container that is sealed by the permit holder (example: growlers of ale) and clearly labeled with the permit holder’s business name and the words “alcoholic beverage.”
- Distilled spirits are in an original single-serving container sealed by the manufacturer and not larger than 375 milliliters (example: cocktail kit); or
- Distilled spirits are mixed with other beverages or garnishes and stored in a tamper-proof container (example: in-house mixed margarita) clearly labeled with the permit holder’s business name and the words “alcoholic beverage.”
Note: All permit holders offering alcoholic beverages for pickup or delivery must hold a Mixed Beverage Permit (MB) or Private Club Registration Permit (N). They must also hold a Food and Beverage Certificate (FB).
Safe Transportation of Alcohol To-Go
One crucial aspect of the law addresses the safe transportation of alcoholic beverages: Alcoholic beverages that are sealed by the permit holder and are picked up or delivered may not be transported in the passenger area of a motor vehicle. They must be placed in the trunk of a vehicle; the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk; or a glove compartment or similar storage container that is locked.
This new law marks a significant shift in Texas’s approach to alcohol sales, offering a more flexible and convenient framework for both businesses and consumers. It acknowledges the evolving needs of the hospitality industry as well as its customers and reflects a commitment to supporting economic growth while prioritizing public safety.
Frequently Asked Questions About Alcohol-to-Go in Texas from the Customer’s Perspective
Q: Can I order alcohol for delivery without food?
No. Under 2024 Texas law, alcohol delivery must always be accompanied by a food order.
Q: What types of alcoholic beverages can I get to-go?
You can purchase mixed drinks, wine, malt beverages (beer and ale), and distilled spirits, provided they meet the packaging and container requirements outlined in the law as above.
Q: Can I bring my own container to pick up a mixed drink?
No. Mixed drinks must be provided in a tamper-proof container sealed by the retailer and appropriately labeled.
Q: Can I take my unfinished bottle of wine home from a restaurant?
If you ordered wine with food at a Mixed Beverage permittee establishment and have a portion of the bottle unfinished, you may take it home. The cork should be reinserted into the bottle as much as possible and it’s recommended to place the bottle inside a tamper-proof bag, such as a to-go bag that is stapled closed. If you’re driving, it’s recommended to place the wine in the trunk or rear cargo area of the vehicle, out of reach for the driver and other occupants.
Learn These Texas Laws and More — Get Certified with TABC On The Fly
If you’re looking to make money by selling or serving alcohol, you need to be TABC certified. Fortunately, TABC On The Fly makes this process simple and affordable. For just $10.99, you can get certified online fast and be ready to work today. Enroll in our TABC certification course online today and be confident that you are selling or serving alcohol legally and responsibly.
Understanding the Texas drinking age and related laws is crucial for anyone working in the alcohol service industry. Make sure you’re fully prepared to handle these situations responsibly by getting your TABC certification today.
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