We wanted to go over a few of the changes that have been enacted because of a waiver release by the Governor. This is in direct response to the Corona Virus’s impact on the hospitality industry. Since many restaurants, if they have decided to stay open are having to move toward the delivery /take out model. They are looking to sell alcohol with their orders. These are the changes we will be going over today! Link to our Video on this Topic.
Beginning with Take-out orders if you are going to be sending orders with alcohol they must be accompanied WITH food. That is how the regulation has always been and this Waiver does not change that. What is being changed is before if you were a Mixed Beverage (MB) holder you would also need to carry a Food and Beverage (FB) permit. Temporarily due to the Waiver released by the Governor that additional permit that would be needed is no longer required.
If you are going to be Delivering Alcohol as a Restaurant another point that you should be aware of is the container size you can send out must not exceed 375 mL. That is what the specification has been and that has not changed, bottles exceeding this size are not legal to send out.
As far as Who can deliver the meals: A restaurant can choose one of their own team members or a 3rd party.
If they choose one of their own team members it is best that they have a Seller Training certificate however that is not a requirement. If the team member, however, allows a minor to obtain the alcohol, the liability could revert to the Restaurant’s TABC Permit.
If they choose to use a 3rd party it is important that the 3rd party hold a Consumer Delivery (CD) permit. This would mean they are permitted by TABC to deliver alcohol for other TABC permittees. Furthermore, if the 3rd party permits a minor to attain alcohol the liability would be removed from the restaurant (Retailer) and would be then placed onto the CD permittee. There are currently only a handful of CD permit holders in Texas so be sure you are using one of those businesses. If you are unsure if a business holds the proper TABC permit be sure to contact us and we can let you know.
These changes are temporary and we are not sure how long they will be in effect so do not expect the leniency that is being shown by TABC to continue after the Waiver has been terminated.
Be sure if you have any questions about the Waiver released by the Governor of Texas or about TABC policies during this time to contact us!
Thank you for reading!
Sincerely, The Hernandez & Associates Team