Texas restaurants are permanently allowed to deliver alcohol - selling it to-go is temporary
Updated: Dec 4, 2020
On March 18, Governor Abbott issued a temporary waiver that allows restaurants who do not hold a Food & Beverage Certificate the ability to deliver alcohol with food, and also allows restaurants to sell alcohol to-go along with food. On June 27th, the TABC issued an industry notice that expands on the March 18th order and allows restaurants to deliver or sell to-go drinks mixed with distilled spirits.
The TABC has a dedicated webpage with guidance and information on the temporary measures being taken in the wake of the coronavirus outbreak. The webpage includes a helpful chart that outlines who can deliver or sell alcohol to go, and also a best practices guide on to-go alcohol sales.
MBs with FBs can permanently delivery alcohol with food
However, because the Texas Alcoholic Beverage Code was amended in August 2019 by the 86th legislature - even after the temporary waiver is no longer in effect - restaurants that operate under a Mixed Beverage Permit (MB) and also a subordinate Food & Beverage Certificate (FB) will still be allowed to deliver alcohol along with a meal (but will not be allowed to continue selling alcohol to-go). A TABC advisory on the normal alcohol delivery rules that will apply after the temporary waiver is no longer effective can be found here. In order to qualify for an FB, an MB permit holder basically has to have a permanent kitchen and at least 40% non-alcohol revenue.
MBs can now deliver & sell mixed drinks to-go
As of June 27, 2020, MB permit holders with permanent food services facilities can temporarily sell distilled spirits in pre-mixed cocktails if the container is sealed by the retailer with adhesive label that states the name of the MB permittee and "alcoholic beverage". However, beer ale and wine sold to-go or for delivery must be in the manufacturer-sealed container.