What does a TABC agent do? Agents are commissioned peace officers who enforce the Alcoholic Beverage Code and all state laws, regulating manufacturing, distribution, taxation, sale, labeling, advertising, transportation, storage, and possession for sale. [Section 5.31]
Who qualifies for a retail license or permit? Applicants generally must be 21+, of good moral character, law-abiding, and legally residing in the U.S. [Sections 11.46, 61.42]
Can a license or permit be used by another person? No. New owners must apply for their own license/permit.
Move a license/permit to a new location? Possible with TABC approval. Beer licenses move within the same county; liquor permits can transfer within Texas.
Can TABC suspend/cancel after issuance? Yes—after due process via SOAH hearing and potential appeal. [Sections 5.35, 11.61, 61.71]
How long does licensing take? Approx. 45–60 days, depending on type and local certifications. Contact your local TABC office for help.
How far from churches/schools? Local governments may adopt 300-ft ordinances (up to 1,000 ft for schools in some cases). If no local ordinance, no set state distance. [Sections 109.33, 109.331]
Where do citation fines go? Handled by local courts; TABC does not keep the fine revenue.
BYO wine at restaurants? Corkage fees? Illegal to bring alcohol into a Mixed Beverage/Private Club permit premises. Allowed at beer/wine-only premises or unlicensed locations (subject to house policy). Corkage/set-ups may be charged where BYO is allowed.
Off-premise/on-premise sign requirements? Refer to Sign Requirements and downloadable signs on the TABC site.
Can businesses give away alcohol without a permit? Yes, if truly free to any adult (no expectation of payment, tips, or donations). Otherwise, a permit is required.
What can be searched without a warrant? Licensed premises may be inspected at any time to perform duties under the Code. Posted diagrams may exclude certain areas; living quarters should be treated with care/consent or warrant if not diagramed off.
AGE REQUIREMENTS
When may a minor possess alcohol? In the course/scope of employment for a licensee/permittee; in the visible presence of an adult parent/guardian/spouse; or under supervision of a peace officer enforcing the Code. [Section 106.05]
Liability for providing to a minor? Providing alcohol to a minor (non-parent/guardian/spouse) is a violation; defense exists for apparently valid government ID misrepresentation. [Ch. 106]
Is Texas ID required to buy? Law doesn’t require ID if 21+, but businesses often require government photo ID. Valid ID can be TX/other state, passport, military, etc. [Section 106.03]
May minors enter licensed premises? Generally yes (without possessing/consuming). Package stores: only with adult parent/guardian/spouse. Businesses may set stricter house rules.
Minimum age to serve/sell?
Off-premise (grocery/convenience): no minimum
On-premise (bar/restaurant): 18+
Package store: 21+
Wine-only package store (higher-ABV wine): 16+
HOURS OF SALE & PUBLIC CONSUMPTION
On-premise (bar/restaurant)
Mon–Fri: 7 a.m.–midnight
Sat: 7 a.m.–1 a.m. (Sun morning)
Sun: noon–midnight (10 a.m.–noon with food)
Late-hours permit areas: service to 2 a.m.
Off-premise beer/wine (grocery/convenience)
Mon–Fri: 7 a.m.–midnight
Sat: 7 a.m.–1 a.m. (Sun morning)
Sun: noon–midnight
Wine-only package store with beer license: no >17% ABV wine on Sun or after 10 p.m.
Package store / liquor store
Mon–Sat: 10 a.m.–9 p.m.
Closed Sun, Thanksgiving, Christmas, New Year’s (observed Monday if on Sunday)
Sports venue / Festival–Fair–Concert
May sell 10 a.m.–noon on Sunday in addition to other authorized hours.
Winery
Mon–Sat: 8 a.m.–midnight
Sun: 10 a.m.–midnight
Public consumption
Extended hours areas
Mon–Sat: not before 7 a.m. or after 2:15 a.m.
Sun: not before noon or after 2:15 a.m.
10 a.m.–noon allowed with food (on-premise) or at winery/fair/festival/concert/sports venue
Standard hours areas
Mon–Fri: not before 7 a.m. or after 12:15 a.m.
Sat: not before 7 a.m. or after 1:15 a.m.
Sun: not before noon or after 12:15 a.m. (same 10 a.m.–noon exceptions as above)
IMPORTATION FOR RESALE
Beer: Manufacturer/Distributor with Importer’s License purchases from Nonresident Manufacturer and sells to TX retailers/distributors; transport via Carrier’s Permit or own vehicles.
Wine: Wholesaler/Wine Bottler/Winery (with limits) purchases from Nonresident Seller and sells to TX tier (Wholesaler, Winery, Wine Bottler, Local/General Class B Wholesaler) via Carrier’s Permit.
PUBLIC INTOXICATION
Law: Appearing in a public place while intoxicated to the degree of danger to self/others is a Class C misdemeanor (fine up to $500). [Penal Code §49.02]
Breath/blood test required? No—officers may use PBT, but not required.
Selling to intoxicated persons: Criminally negligent sale is an offense. [Section 101.63]
Is a bar/restaurant a public place? Yes—licensed premises are public places under Texas law.
BYOB (Bring-Your-Own-Beverage)
No statewide BYOB ban. It is illegal to bring alcohol onto Mixed Beverage/Private Club premises. Beer/wine-only or unlicensed locations may allow BYOB (check local ordinances and house policy).
While applying for a permit: BYOB may be allowed; ensure no violations during/after permitting.
Other applicable laws still apply (minors, public consumption hours, public intoxication, etc.).
Public place definition: Penal Code 1.07(40); restaurants/taverns/nightclubs are not private places.
Selling Margaritas/Daiquiris “to-go”
There is no permit that allows mixing distilled-spirit drinks for off-premise takeout. Summary:
Mixed Beverage Permit: May sell spirit drinks (e.g., tequila/rum) for on-premise consumption only.
Package Store: May sell sealed distilled spirits “to-go”; cannot mix on site.
Wine & Beer Retailer’s Off-Premise: May sell wine/beer “to-go”; cannot mix on site.
Wine & Beer Retailer’s (on-premise): May sell wine/beer-based margaritas/daiquiris for on- or off-premise (no distilled spirits).
Open container in vehicles: See Penal Code §49.031. If a drink is taken to a vehicle, the container must not be “open” (opened/broken seal/contents removed). Check with local law enforcement/DA on container practices.
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