Gerald Franklin Agency
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TABC Compliance Laws Effective September 1st 2019

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New TABC law updates effective 9/1/2019.

SB 1232 by Creighton

  • Authorizes on-premise wine and beer retailers (BG) to obtain a Local Cartage Permit, thus allowing delivery of beer, ale, and wine directly to consumers.
    • BGs already have authority to deliver beer, but this expands that authority to ale and wine.
  • The BG permit holder must abide by Sec. 22.03’s requirements for retail deliveries to consumers, including the restrictions dictating which locations within the city or county product may be delivered.
  • Implementation:
    • Revise advisory for delivery services (October)

SB 1450 by Hancock

  • Creates a Consumer Delivery Permit (CD) authorizing CD permittees to hire delivery drivers to pick up an alcoholic beverage from an authorized retailer and deliver it to a consumer located in an area wet for the sale of the beverage.
  • Authorized retailers: package store, wine only package store, wine & beer on-premise, wine & beer off-premise, beer on-premise, beer off-premise, and mixed beverage with a food & beverage certificate.
  • Public safety protections for CD permittees:
    • Delivery drivers must be at least 21 with a valid driver’s license.
    • Delivered only to a person at least 21 and who has presented proof of ID and age.
  • No liability to retailer once possession of alcohol is transferred to CD permittee.
  • Safe harbor for CD permittee applies IF driver is certified through (new) TABC alcohol delivery training program OR delivery app meets requirements.
  • Authorizes a Mixed Beverage (MB) permittee to deliver to consumers for off-premise consumption OR utilize a CD permittee if these criteria are met:
    • MB must have a Food & Beverage certificate.
    • The alcohol must accompany food prepared on the MB’s premises.
    • Delivery is to an area where the sale of the beverage is legal.
  • Requirements for delivery from an authorized MB (by the MB or CD permittee):
    • Beer, ale or wine must be in original container sealed by the manufacturer.
    • A distilled spirit must be delivered in an original, single-serving container sealed by manufacturer and not larger than 375 ml.
    • Delivery must be acknowledged either by recipient signing a receipt, which may be electronic, or the delivery driver uses a software application.
  • The bill does not authorize alcohol sales to go for MBs.