Your To-Go Drink In Texas Is NOW LEGAL and WE Helped Change That!
UPDATED JUNE 27 2020
This post was formally titled “Your To-Go Drink in Texas is Illegal, Let’s Help Change That” but thankfully, after three months of fighting for our local restaurants and bars, the Texas government issued an updated order, making pre-mixed drinks to-go and delivery LEGAL!!
Now that it seems we have hit our second wave of Coronavirus (this update was written June 27th, 2020), we are looking at more restaurants and bars closing their doors, FOR GOOD. In order to help combat that, FINALLY, Governor Abbott passed an order that allows restaurants to sell mixed beverages along with food (takeout or delivery) but ensuring:
“Alcohol is accompanied by a food order that was prepared on the business’s premises; Note: There is no required food-to-alcohol ratio.
• Beer, ale, and wine are in their original container that is sealed by the manufacturer of the beverage;
• Distilled spirits that are mixed into a drink are in a container that the MB permittee has sealed with an adhesive label (tape) that states the name of the MB permittee and “alcoholic beverage” and that the restaurant places in a bag that it seals with a zip tie, which is then NOT transported in the passenger area of a motor vehicle as defined by Texas Penal Code Sec. 49.031.
• Beverages that are premixed by the MB permittee may exceed 375 milliliters. However, the MB permittee must ensure that the quantity of alcohol in those beverages follows responsible service practices.
• Distilled spirits may still be sold to go or for delivery in their manufacturer sealed containers. However, such containers may not be larger than 375 milliliters.
Note: Non-passenger areas of a motor vehicle include a glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.”
So, where are you buying your first to-go mixed drink from?!?
Official document here for more details: Pickup & Delivery of Alcohol Waiver
Written March 27 2020
This time is tough, under the local Austin Stay At Home Order, we have to lower our interaction by 90%, and maintain our social distancing in order to help prevent COVID-19 from spreading. With that, it means our in-person social life is non-existent [a tip: you and your friends can try to do digital happy hours or watch Netflix together through Netflix party].
So, you might be thinking about how much you love your Happy Hours at El Arroyo or weekends out at Guero’s drinking margaritas listening to live music. Well, you might not be at a total loss.
Governor Greg Abbott passed a waiver, March 18 2020, that allowed “restaurants to deliver alcoholic beverages with food purchases to patrons, including beer, wine, and mixed drinks.” This waiver was approved in order to help alleviate the hardships of the current COVID-19 issue.
Additionally, the waiver continues to say, “restaurants with a mixed beverage permit may sell beer, wine, or mixed drinks for delivery as long as they are accompanied by food purchased from the restaurant.”
As wonderful as this waiver sounds, it is too good to be true.
Yes, it’s great to see that the restaurants will be able to make additional money with to-go and delivered beer and wine, but the real money made by these restaurants, is in their mixed drinks.
Sealed, Premixed Drinks = Not allowed in Texas. Photo by Victor J. Blue/Getty Images
The TABC (Texas Alcoholic Beverage Commission) is enforcing a different set of rules. If the restaurant has a Mixed Beverage permit, they can sell beer, wine, and spirits that are in a manufacturer’s sealed bottle up to 375ml. This does NOT allow to-go premixed cocktails, meaning it does not matter if there’s a “seal” such as tape or sticker over a pre-mixed cocktail.
Per the Texas Alcoholic Beverage Commission:
“Restaurants with a Mixed Beverage Permit (MB or RM)
- No need for a Food and Beverage Certificate (FB).*
- Alcohol must be in manufacturer-sealed container.
- Alcohol must be accompanied by a food order.
- Can't deliver to another licensed premises.
- Distilled spirits must be in containers no larger than 375 milliliters.
- May deliver using a third-party.
- Personal signature from recipient is NOT required. “
Margs For Life
Kareem Hajjar, a lawyer from Hajjar / Peters LLP, put together a Facebook group, called Margs For Life TX (LINK) where he states his mission:
We want to show TABC and Governor Abbott’s office that thousands and thousands of people would happily and willingly buy a cocktail ‘to-go’ as part of their food order, and that there are thousands of businesses that need to offer it to stay alive.
- Kareem Hajjar
Hajjar helped inform me of the crime that some of our beloved our restaurants are committing by selling these liquor filled cocktails in their parking lots or through delivery. He wants to change this in order to help the local restaurants make extra money through mixed drink sales.
Photo Credit: Torchy’s Tacos - Their Margarita To Go Kit
Credit: Drew Beamer
“Cocktail Kits”
The approved option to serve alcohol to-go or delivery with a Mixed Beverage (MB) permit is through a cocktail kit which would include distilled spirits, 375ml or less, served in their manufacture-sealed bottle alongside a non-alcoholic drink (mixer such as margarita mix, fruit juice, tonic, soda, etc). This can only be served if the patron orders food prepared at that restaurant.
Problems with this option:
1. Restaurants are having to go purchase these 375ml or less bottles, which they don’t normally have in-stock. Restaurants should not have to be purchasing additional inventory right now, they are losing money. These establishment should be reducing the inventory they have right now! Additionally, liquor stores are seeing a shortage in these smaller bottles, which makes it harder on them.
2. The amount of random ingredients for the more complex drinks would be tedious.
For example, old fashioneds require bourbon or whiskey, bitters, sugar, and an orange peel. To put together a ‘cocktail kit’ would be very difficult (and pricey) to achieve this drink.
3. Lastly, instead of purchasing these cocktail kits, a consumer can easily go to a liquor store (still an essential business under our current Stay At Home Order) and purchase the liquor and mixers, most likely, at a less expensive rate. But, this does not allow the restaurant to charge and accept tips for the craftsmanship that goes into these cocktails being made.
“But I see daiquiris being sold to-go premixed on social media”
“I’ve purchased daiquiris from restaurants before to-go, they sealed the top and it was fine”
So, this could be one of two situations:
Wine or Beer Based Drinks
Those daiquiris or margaritas are made with a beer, wine or malt base, and under the Wine and Beer Retailer’s Permit (BG) or Retail Dealer’s On-Premise Location (BE), this is allowed.
· The Wine and Beer Retailer’s Permit’s language is as follows:
“Can sell wine, beer, and malt liquors and self-deliver if the BG also has a Local Cartage Permit (E or ET), or have it delivered using a third-party that holds a Consumer Delivery (CD) Permit.
Can put wine and beer-based beverages in containers sealed by the BG permit holder (unlike MB permit holders).
Alcohol does NOT have to be accompanied by a food order (unlike MB permit holders).
Only allowed within two miles of the corporate limits of your city, county or town.”
Illegal Activity
These drinks have tequila or rum in them, and that is clearly illegal, whether the establishment holds a BG, BE, or MB permit.
Reason Behind This Article
I wanted to write this because, first and foremost, I want to help get the word out to the small businesses right now that are illegally serving drinks. Hajjar is informing the public in his FB group that TABC is monitoring these restaurants, even on their social media and planning to act on their findings later. Go join the Facebook group (and invite your friends) he put together to help grab the attention of Governor Abbott and the Texas legislators to approve of the original waiver Abbott approved and released. That way, we can make some changes during the current pandemic and keep businesses alive!
Additionally, spreading the word about this mix up is crucial for this change to happen to help local, Texan restaurants. Not just the restaurants and their owners, but this affects the big package stores, restaurant suppliers, distributors, meal runners, truck drivers, bartenders, servers, etc. So many positions are severely affected by these restrictions.
Let’s abide by the rules, stay safe, stay home, and stay away from others if you have to go out among the public.
Cheers!
