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.