Texans are now permanently allowed to order alcohol to-go from their favorite restaurants after Governor Greg Abbott signed bill H.B. 1024 on Wednesday. At the beginning of the pandemic, Gov. Abbott
At the beginning of the pandemic, Gov. Abbott waived state regulations so that restaurants could make money through to-go drinks in order to keep their doors open. As restaurants began to reopen, a bill was introduced to keep the practice going. The bill was passed by both the Texas House and Texas Senate prior to receiving Gov. Abbott’s signature.
“It turned out that Texas liked it so much that Texas legislature wanted to make that permanent law in the state of Texas, and I’m about to sign it to make it so,” said Gov. Abbott before signing the bill. “Proud to sign HB1024 into law, making alcohol-to-go legal in the state of Texas - a big win for restaurants across the state.”
Though the bill permits to-go alcohol sales, it does have strict requirements for this service.
Terms of the bill:
Delivery:
Restaurants may deliver alcoholic beverages, or have them delivered by a third party, to a customer off-premises if the restaurant holds a mixed beverage permit and a food and beverage certificate for the permitted premises and the delivery of the alcoholic beverage is made as part of the delivery of food prepared at the permitted premises.
If the alcoholic beverage is a malt beverage such as beer or wine, it must be delivered in an original container sealed by the manufacturer or a tamper-proof container that is sealed by the restaurant and clearly labeled with the business name and the words “alcoholic beverage.”
For alcoholic beverages other than a malt beverage, it must be delivered in an original, single-serving container sealed by the manufacturer and not larger than 375 milliliters, or mixed with other beverages or garnishes and stored in a tamper-proof container that is clearly labeled with the business name and the words “alcoholic beverage.”
The person accepting the delivery must show valid identification/proof of age and sign a receipt of the sale.
Pick-up:
A restaurant may allow a customer to pick up an alcoholic beverage and take it with them if all correct permits are held as described above, and the pickup of the alcoholic beverage is made as part of the pickup of food prepared at the permitted premises.
An alcoholic beverage may be picked up only by a person who is 21 years of age or older and has a valid ID. The person picking up the alcoholic beverage or accepting the delivery must personally sign a receipt, which may be electronic, acknowledging the pickup or delivery, or the person providing the beverage for pickup or making the delivery acknowledges the completion of the pickup or delivery through a software application.
Whether picking up or delivering, a person cannot legally transport the alcoholic beverage in the passenger area of a motor vehicle.