When serving alcohol in Texas, business owners must obtain a Texas alcoholic beverage license. Failing to do so could result in serious legal charges. There are several qualifications that need to be met to obtain a license.

How To Qualify

To qualify for a Houston alcoholic beverage license, an applicant must be at least 21 years of age. In addition to this, these criteria must be met:

• The applicant must not have any felony convictions within the past five years.
• The applicant must not have violated state liquor laws within the past two years.
• The applicant must not have any moral turpitude violations of liquor laws within the past six months.

For on-premise alcohol permits, business owners must provide verification from the city clerk that their business is in a zone where alcohol can be served and has late-hour operations. People who plan to serve only beer or wine will have to provide verification of alcohol content for their beverages. For off-premise permits, applicants must obtain verification forms and a list of approved areas from the city clerk. In addition to this, public notice must be published in a local newspaper. There are also other requirements for temporary permits for off-site events, which are usually granted to business owners who currently hold liquor licenses. Some types of events may not require licenses if they provide free alcohol to adults.

How To Apply

Most business owners who plan to serve alcohol on a daily basis apply for a license through the local sheriff’s department. There are over 20 different types of licenses available from the Texas Alcoholic Beverage Commission, so it is important to choose the right type. For example, a person who is looking for a Texas beer license just to sell beer at an event would not need the same type of permit a person serving cocktails in a restaurant would need. After obtaining the right forms, an applicant must fill out all of the information correctly. Mistakes will usually bring delays. Applications are taken to the Texas State Controller’s Office, and the information must also be turned in to the local City Secretary. Following this step, the TABC must be contacted to perform a background and eligibility check. An interview will be conducted, and the applicant will be notified when to appear before a judge for a hearing. If the application is approved by the judge, the applicant must pay the required taxes and wait for the TABC to issue a permit.

Many people mistakenly assume that obtaining a liquor license is a process that involves filing a few forms and paying a fee. The process is much more complex and much more serious, so it is important to make sure there are no mistakes made. Businesses planning to open are usually in a time crunch, and this can add even more stress to the preparations for a grand opening. The best way to get through the process without major hassles is to hire a Houston liquor license service company.

A Texas license service provider knows all of the local and state laws for obtaining all of the different types of licenses and permits offered by the TABC. The service provider knows what to write on the forms, where to file them and how to deliver efficient and effective results. Many people make the mistake of filling out the wrong types of forms when applying for licenses on their own, but a liquor license service will make sure the correct forms are used. Investing in a license service is well worth avoiding the headache of losing money, delaying and opening or canceling a special event while waiting on a license.

A business can benefit greatly when it succeeds in gaining a Texas liquor license. Alcoholic beverage sales produce considerable revenue for hotels, night clubs, restaurants and stores. They also lure customers who spend money on other products or services. Unfortunately, some parts of the Lone Star State still enforce complex liquor laws that create numerous obstacles for business owners. One example is Waller County, where it often proves difficult to determine what rules apply in different towns, cities and election districts.

Jurisdiction

The Texas Alcoholic Beverage Commission issues permits to companies that want to sell drinks in this region. However, the county lets local governments decide what kinds of beverages they can serve. Businesses may sell wine and beer in many eastern areas, and cocktails remain legal in some southern districts. State law allows cities and towns to hold elections that determine if they will permit certain types of spirits to be sold. Voters in several districts have opted to legalize beer, wine, mixed drinks or all alcoholic beverages. Regrettably, these jurisdictions are not limited to municipalities or even current election precincts. This adds to the confusion.

Localities

State and county rules give several different types of districts the right to introduce their own liquor laws. In addition to cities and towns, they include current and former justice of the peace districts. Some precincts held elections before their boundaries were redrawn during the redistricting process. As a result, the authorities can only enforce local TABC license rules within the previous borders. This makes it even more challenging for business owners to determine what restrictions apply to them. For example, two portions of the same town may allow different beverages. Waller County officials remain unable to supply complete information about the laws in every district.

Clubs

These confusing Texas liquor license laws prevent many businesses from obtaining the Texas alcoholic beverage license they need. In addition to enforcing drink restrictions, some locales require customers to join drinking clubs before they can order spirits. The process of establishing and maintaining a club frequently proves complex. It can also add over $15,000 per year to a restaurant or hotel’s operating costs. Most businesses remain unwilling to set up these clubs, so the law has discouraged a number of eateries from opening new locations in Waller County. Nonetheless, it can be lucrative for a popular business to create a drinking club for its customers. A substantial amount of licensing expertise is needed to accomplish this.

Cocktails

While numerous Waller County establishments have succeeded in selling beer or wine, very few offer cocktails. Local regulations have made it particularly hard to obtain a permit to sell such beverages. This denies most businesses the ability to serve an especially popular and profitable item. For instance, Asian restaurants in many parts of the nation sell Mai Tais in considerable quantities. They often command prices exceeding $4 per glass. The popularity of this beverage helps eateries boost food sales as well. Although it is difficult to accomplish, Waller County businesses can gain a major competitive advantage if they acquire licenses that permit cocktail sales.

The process of obtaining a Texas liquor license involves many steps. Waller County restaurants and inns must start by carefully identifying the local rules that apply to them. Otherwise, the authorities may deny their applications or fine them for breaking the law. Businesses also need to pay state and county fees, notarize TABC applications and establish drinking clubs where necessary. They can expedite and simplify this cumbersome process by requesting third-party assistance. Texas liquor licensing experts have the knowledge needed to help businesses quickly gain permits and follow every relevant law. This makes it possible for local establishments to boost their income and attract many new customers.

Corkage fees are assessed when diners bring their own alcoholic beverages into a restaurant or bar. These fees are designed to make up for lost revenues from wine sales and vary depending on the venue. The legality of corkage fees and bring-your-own-bottle practices depends on the type of Texas alcoholic beverage license held by the establishment. Understanding the rules and the etiquette involved in bringing your own bottle of wine into a Houston restaurant or bar can help you make the most of special evenings out with friends and family.

Navigating Texas Liquor Laws

The Texas Alcoholic Beverage Commission (TABC) administers and enforces laws relating to the alcoholic beverage industry in the Lone Star State. The regulations governing corkage services are relatively complex:

• Patrons are not allowed to bring their own alcoholic beverages into Texas restaurants and bars that hold private club permits.
• The same restrictions apply to bars that maintain mixed beverage licenses allowing the sale of distilled spirits to customers.
• Establishments that do not serve distilled spirits or that do not maintain a license to serve alcohol, however, are legally allowed to provide corkage services to their guests.
• Corkage fees are legal in the bars and restaurants allowed to provide these services. Texas law does not place any restrictions on these fees.

Some restaurants and bars that are eligible to offer corkage services choose not to do so. Others may require the purchase of a bottle of wine or a relatively large corkage fee to recoup the perceived loss of revenues from expected wine sales. Before bringing your own bottle of wine or alcohol, it is a good idea to contact the establishment to determine the fees and policies associated with their corkage services.

Corkage Etiquette

While calling ahead to check on the availability and cost of corkage services is essential to avoid unpleasant surprises at the bar or restaurant, there are also a number of etiquette rules and procedures relating to corkage.

• Check the wine list of the restaurant before bringing your own bottle; it is considered a significant breach of manners to bring a wine that could be purchased on site.
• Do not forget to inquire about the number of bottles you are allowed to bring; some restaurants and drinking establishments set a strict limit of one or two bottles per visit.
• Bringing in a cheap bottle of wine to avoid paying list price at the restaurant is also a faux pas.
• For restaurants that do not charge corkage fees, purchasing a bottle of equivalent value is a nice gesture that can encourage this practice. In some cases, restaurants that do charge for corkage may waive these fees for patrons who purchase a comparable bottle from their wine list.
• Depending on the size of your party and the general atmosphere of the restaurant, offering your server a taste of the wine is also considered polite. This only applies, of course, if your server is old enough to imbibe legally.
• Calculate your tip based on the value of the wine bottle as well as the cost of other food and drinks. This can ensure that your wait staff are not shortchanged, especially in restaurants that charge minimal or no corkage fees.

A number of Houston restaurants offer free or very low cost corkage services for their customers. By checking around for the best deals, food and wine lovers can enjoy the best dining experience for their hard-earned money.

For restaurants and bars interested in offering corkage services, working with a company that specializes in Texas license services can provide added guidance on applicable rules and restrictions. Staying on the right side of the law can help these businesses maintain their TABC license while avoiding citations and fines for infractions of the Texas legal code.

Texas is one of only 10 states in the U.S. to maintain and enforce lifetime bans on food stamp programs for those convicted of drug offenses. This policy was first put into place as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a federal law designed primarily to reform welfare and to encourage those on public assistance to reduce or eliminate their dependence on these programs. In the state of Texas, businesses must meet certain requirements to accept food stamps. Companies that offer Texas license services can often provide valuable guidance on the application process and the restrictions in place for these assistance programs.

Changes on the Way

A bill passed by the state legislature and signed into law by Texas Gov. Greg Abbott will allow some drug offenders to qualify for food stamps. Texas Senate Bill 200 will take effect on September 1, 2015, and offers felons convicted of first-time drug offenses to apply for and receive federal food stamps after they have completed their sentences. Violating parole, however, would disqualify these individuals from receiving federal food stamp benefits for two years; a second drug offense conviction would result in the same lifetime ban that currently applies to all drug felons. This marks a major departure from the zero-tolerance policy Texas has traditionally applied to these types of offenses and is expected to allow those who have paid their debt to society to access the help they need to get back on their feet financially.

Leveling the Playing Field

As more states reconsider their food stamp policies, one-time drug felons and their families may have access to added financial resources to help them break the cycle of poverty. This can create increased opportunities even in difficult economic times and can reduce the likelihood that these individuals will engage in criminal activities to make ends meet. By taking a more measured approach to drug offenses, the state of Texas hopes to reduce recidivism while supporting families and individuals dealing with substance abuse and addiction issues. This can potentially level the playing field for those previously convicted of drug offenses and struggling to find work in the modern job market.

Smoothing the Transition from Prison to Productivity

Allowing drug offenders to receive federal benefits during the critical months immediately after their release from prison can provide a valuable safety net for these individuals. This can significantly improve their chances of finding gainful employment by ensuring that they have adequate financial resources throughout their reentry into society. The upcoming changes to Texas law will also have a beneficial effect for children in the state who may have been negatively impacted by the ban in place for one or both of their parents.

The Impact of Increased Eligibility

The Texas Health and Human Services Commission estimates that approximately 3.7 million people receive food stamp benefits each year. It is not yet known to what degree the loosened restrictions on drug felons will have on this number; however, businesses that accept food stamps in Texas will likely see at least some increase in the number of customers utilizing these federal benefits in their stores. Maintaining full compliance with all regulations governing food stamp transactions can help these businesses ensure that they receive their fair share of the added revenues possible as a result of this new legislation.

Working with a company that specializes in Houston liquor license and other license applications can provide added assistance for companies interested in accepting food stamps at their establishments. By consulting with these professionals when making application for a Texas alcoholic beverage license, food stamp permit or other necessary business licenses, Houston businesses can ensure that all aspects of the process go smoothly and are completed in a timely manner.

The Texas dance hall is an iconic part of the Lone Star State’s history and has been around for more than 140 years. Most of the classic dance halls in this area were built by Czechoslovakian and German immigrants as meeting places for these cultural groups. By attending community events at these locations, immigrants could share their traditions with each other and with their children through music, dancing and other cultural activities. These hard-working families also enjoyed the chance to relax and blow off some steam after a long week on their farms and ranches. Today, many of these historic dance halls still stand and maintain a current Texas alcoholic beverage license, allowing them to continue to serve their communities and clientele.

Humble Beginnings

Many of the original Texas dance halls did not serve hard liquor to their customers, who were expected to provide the alcohol themselves. Instead, these venues offered mixers that could be combined with alcohol to create mixed drinks on site. For those dance halls that did serve alcoholic beverages, beer was the most commonly offered drink. Singing and dancing were generally the focus of the evening; instrumental performances were also popular attractions in these community centers. Many groups who later performed at music festivals in Texas got their start in these local dance hall environments. The earliest Texas dance halls were built by German settlers; Czechoslovakian immigrants typically held their dances in private homes until the early 1900s, when widespread building projects were funded by fraternal organizations dedicated to supporting the Czech way of life.

Modernization and Assimilation

As more Texas residents left behind the farming and ranching life for the allure of jobs in the big city, dance halls became less representative of individual cultures and more reflective of the spirit of the Lone Star State as a whole. While ethnic music and dancing were still practiced in these venues, dance halls began to embrace a wider range of cultural traditions. As the separations between ethnicities in the dance hall environment became less pronounced, interactions between those of different social classes, racial backgrounds and life experiences allowed greater exposure to a wide range of traditional songs and instrumental techniques. The blending of various musical styles led naturally into the development of entirely new styles of music that included Texas swing, conjunto, Tejano and honky tonk. By combining the rhythms and folk melodies common among the immigrant populations of this area with new sounds, dance halls continued to have a major impact on the cultural traditions of Texas residents.

A Link to the Historic Past

Houston, Texas saloons and dance halls typically serve up live country music and plenty of room on the dance floor along with plenty of cold brew at the bar and a current Houston beer license. According to Texas Dance Hall Preservation. Inc., the number of currently active dance halls in Texas has fallen from more than 1,000 during their heyday to a few hundred currently in business. However, Texas dance halls have recently enjoyed a revival in popularity driven by their historic importance and their unique appeal. Many of these venues maintain a family-friendly atmosphere in keeping with their traditional role as community gathering spots for residents of the Lone Star State.

Although many of the original dance halls have fallen into disrepair or have been abandoned due to the expense of maintaining them, Houston establishments continue to carry on the traditions of the dance hall for new generations of patrons. For these modern descendants of these traditional venues, obtaining and maintaining a Houston liquor license can ensure that patrons can quench their thirst after a rousing round of the Texas two-step. Working with a professional firm can streamline the liquor license application process and can ensure that dance hall owners stay on the right side of all Texas regulations when making a little history of their own.

Walmart Stores Inc. is a force to be reckoned with in the boardroom or the courtroom. Their most recent legal obstacle involves various Texas liquor license laws that prevent the company from selling hard liquor in addition to the wine and beer that its stores already stock throughout the state. On February 12, 2015, Walmart and Sam’s Club sued the Texas Alcoholic Beverage Commission (TABC) in federal court. The lawsuit challenges the constitutionality of rules that regulate package store permits.

As plaintiff, Walmart alleges that the rules violate sections of the Constitution that relate to commerce, equal protection and comity, a legal principle that requires Texas to uphold federal laws. Although Walmart would not agree to interviews with an Austin TV station, company spokesman Lorenzo Lopez did provide a written statement. He said that current laws are “counter to Texas’ belief in free enterprise and fair competition.” He added that it “limits our customer’s choice and keeps the price of spirits artificially high.” In the lawsuit, Walmart expressed similar issues by saying that the laws are “irrational, unnecessary and unfair” and “harmful to Walmart’s profits.”

To win the right to sell hard liquor in the state, Walmart must successfully change multiple aspects of the law. First, the TABC does not allow publicly traded corporations with more than 35 shareholders to sell alcoholic spirits. Second, a single company is limited to five package store permits. Walmart currently has 543 wine and beer retailer’s off-premise permits in Texas. Third, rules prevent companies from holding wine and beer permits together with package store permits. If parts of the law change, Walmart could abandon its current permits and apply for 543 new BF beer licenses and 543 new Q permits for selling wine. This option would cost the company an additional $1.3 million. If Walmart were granted package store permits, it would need to build free-standing package store outlets as well.

Walmart has also questioned long-standing loopholes that allow immediate relatives of permit holders to secure an unlimited number of additional permits. This unlimited consolidation loophole can be used legally by any Houston liquor license service. In many ways, current laws support family-owned businesses and protect small companies from competition against national retailers and big box stores. Independent liquor store owners are concerned about what will happen if these laws fall. Sam Issa, who owns a liquor store in Austin’s Allandale neighborhood, said that many family-owned businesses will shut their doors forever. He added that if business slowed, he would not be able to support the same number of employees. His workers would be forced to give up the higher pay offered by independent stores and accept minimum wage if they went to work for Walmart. Issa is also concerned that the state might open the door for everyone to sell liquor, including Walmart, Target and CVS.

This groundbreaking lawsuit is just part of Walmart’s campaign to change laws that regulate the distribution of liquor licenses. The company is also lobbying members of the legislature in a major push to secure an additional Texas alcoholic beverage license for each superstore in the state. Whether or not the suit is successful, this is a big move for the nation’s largest retail chain. Walmart currently has licenses to sell hard liquor in 25 states. However, more Walmart stores and affiliates are located in Texas than in any other part of the country. Walmart’s quest to increase profits at such a large number of stores could open new sales avenues for other national chains while forcing smaller stores to close or keep up with a level of competition that the Texas liquor industry has never seen.

Are you looking to buy an alcoholic beverage in the Lone Star State? Unfortunately, it is not as simple as heading to the nearby grocery store or restaurant as the laws in Texas vary significantly from county to county, city to city and even block to block. Businesses looking to secure a Texas alcoholic beverage license will unfortunately find the process difficult or impossible in many places as 11 of the state’s 254 counties are completely dry, and 194 are partially dry.

Plano, which is situated mostly in Collin County about 20 miles north of Dallas, has been one of the more interesting cities as far as confusing laws go. Fortunately, those laws were simplified with the recent opening of the city’s first liquor stores. Prior to that point, you had to visit one of the city’s grocery stores that sold beer and wine to pick up alcoholic beverages; those were located in the newest 40 percent of Plano’s 72 square mile metro area.

Patrons who had visited restaurants in Plano were required to join a private club prior to ordering alcoholic beverages. This is still the case in a variety of communities throughout Texas, and it can cause quite a bit of confusion and sometimes frustration to those not expecting to have to hand over a driver’s license and join a club so that alcoholic beverages may be ordered.

This process is not easy on businesses both as the cost of keeping detailed records can add up to thousands of dollars every year, and the Texas Alcohol Beverage Commission regularly performs undercover checks to ensure that the laws are being followed. The Texas Restaurant Association has been working for years to eliminate this practice, which does not appear to create any jobs, tax revenue or otherwise provide any discernible benefits.

However, many business owners looking for the services of a Houston liquor license service in order to help them acquire a Texas liquor license are located in areas that do allow open alcohol sales.

Conversely, grocery stores in dry counties lose business as shoppers will oftentimes drive to a place where they can buy alcoholic products and then do much of their regular grocery shopping there as well. In fact, for every dollar lost in beer or wine sales, it is estimated that an additional three is lost in general sales. This also impacts the amount of taxes that can then be paid by those businesses to the local city and county.

Another disturbing issue is that dry Texas counties have more than three times as many alcohol-related traffic fatalities than those that allow alcohol sales. This is due to people having to leave the county in order to purchase and consume alcohol and then making the mistake of driving home while impaired.

Counties generally fall into one of four categories. Some are completely dry, others only sell 4 percent beer, another county allows the sale of alcoholic beverages with up to 14 percent alcohol content while other counties sell distilled spirits. Even more confusingly, many counties and sometimes even cities fit into a variety of these categories depending on where in that locale the business is located. However, if a county is dry, cities within that county do not have the option to become wet.

One example of how little the difference can be between dry areas and wet ones occurred when a Hooters restaurant opened during Plano’s mostly dry era. It ended up being just a few feet too close to a church, and alcohol sales were not allowed. However, the business simply moved its front door in order to “move” the business far enough from the church in order to legally sell alcoholic products.

Anyone who intends to sell alcoholic beverages in the great state of Texas must understand and comply with a number of important laws. The Texas Alcoholic Beverage Commission requires the placement of visible signs at any establishment where liquor will be sold and/or consumed. A Houston liquor license service can help you to obtain the proper licenses for your business.

Types of Establishments that Require Alcohol Signage

Restaurant
According to Texas statutes, a restaurant is defined as any establishment where food and beverages are prepared and sold for on-site consumption or to be taken away and consumed at another location. Restaurants are additionally classified by a Limited or General designation. Only a Restaurant-General may legally obtain a Texas liquor license to sell alcoholic beverages. To qualify as a Restaurant-General, the establishment must derive a minimum of 51% of their gross sales from the sale of prepared comestibles.

Cocktail Lounge
Any establishment that sells wine, beer or cocktails to be consumed on-site is considered a cocktail lounge. Bowling alleys, dance halls, billiard and pool parlors and live music venues are also considered to be cocktail lounges in the eyes of the law, provided that alcoholic beverages account for at least 49% of their gross revenue.

Package Store
A package store is a physically discrete establishment where liquor may be legally sold but not consumed. A package store may sell other things in addition to alcohol, but must close their doors to business during times when alcohol may not be sold. The times when liquor may not be sold in a package store include Sundays, Christmas, New Years Day and Thanksgiving Day.

Sixty-Day Signage

The TABC may require you to post a sixty-day sign of public intention prior to or during the time you apply for your Texas alcoholic beverage license. If the same location has been licensed within the past two years, you may receive a waiver of this requirement.

Additional Signs You May Be Required to Post

A mandatory sixty-day sign where the public can read your intent to sell liquor is only the first of many signs you will need to know about. Depending on the type of establishment you operate, other signs may be required in order to obtain and keep a Texas liquor license.

Health Risk Warning Sign
Alcoholic beverages sold in the United States come with a warning on the label. Since you may be serving adult beverages without such a label, you may be required to post approved warning signs about the health dangers of drinking alcohol during pregnancy.

Public Information and Complaint Sign
If you own a bar, lounge or restaurant where alcohol is served, you will be required by law to visibly post a notice along with a phone number where a person can make a formal complaint about the alcoholic beverages or service provided by your business.

Weapons Warning Sign
If less than half of your gross revenue is derived from liquor sales, you will be required to post a sign that clearly states the following: “It is unlawful to carry a weapon on the premises unless the person is licensed to carry the weapon under the concealed handgun law.” If your liquor sales account for 51% or more of your gross revenue, the weapons sign you post will be superimposed with the notation that possessing a concealed weapon within your establishment constitutes a felony in the state of Texas.

If you have questions or would like to begin the application process for your Texas liquor license, A Houston liquor license service can answer your questions and help you to obtain the licenses needed for your type of business.

Maintaining a Texas alcoholic beverage license requires strict adherence to the regulations and requirements of the Texas Alcoholic Beverage Commission, more commonly referred to as TABC. Consumers can file complaints against restaurants, bars, stores and nightclubs that fail to comply with TABC rules. Common violations include the following:

• The sale of alcoholic beverages to minors
• Engaging in illegal activities that may include drug use, gambling or prostitution
• Over-serving customers or selling alcohol to intoxicated patrons or customers
• Selling alcohol without a TABC permit
• Serving non-members with alcoholic beverages inside a private club

These violations can result in the loss of the Texas liquor license held by the individual or company. Depending on the severity and type of the offense, the individuals responsible may also face criminal prosecution for their actions.

Filing a Complaint with TABC

TABC offers residents of Texas a variety of ways to file a complaint against individuals and establishments that violate the agency’s regulations.

• The TABC mobile application allows convenient access to the complaint center on the go. Designed to work with most Android smartphones, this app makes it easy to report violations quickly for the most effective response by the agency.
• E-mail complaints can be submitted to complaints@tabc.state.tx.us for review by TABC staff members.
• Residents and guests to the state of Texas can also fill out a form for mailing, faxing or personal delivery. The form is available in Microsoft Word or Adobe PDF for optimal convenience and compatibility.

The TABC website provides address and fax number information for those interested in filing a complaint. It also allows residents and guests to identify the closest TABC office for in-person delivery.

Making an Anonymous Complaint

In some cases, Texas residents and visitors may be intimidated or frightened to make a liquor license complaint against a particular individual or business. This is especially true for those employed by companies that violate liquor license regulations or for those who live in close proximity to these businesses. The repercussions to these whistle-blowers can be serious and may include the loss of their jobs or threats against themselves or their families. The TABC allows for anonymous complaints to provide added protection for these Texas residents and advises those who wish to remain anonymous to provide only their personal email address to the agency. Personal email addresses are considered confidential under the Public Information Act and will not be released to the public upon request.

Staying on the Right Side of the Law

Texas establishments must maintain their liquor license in good standing to sell alcoholic beverages within the state. These bars, restaurants and stores can promote compliance with TABC regulations in a number of ways:

• Educating servers and cashiers regarding potential violations of the liquor license code, including over-serving customers and setting a cut-off point for patrons in the restaurant and bar environment
• Requiring identification from all customers who appear to be under the age of 30 to prevent the sale of alcohol to minors
• Maintaining a clean and legal environment throughout the store or establishment premises to avoid legal entanglements and ensure full compliance with TABC rules
• If complaints do occur, resolving them quickly and effectively is the best way to retain the right to sell alcoholic beverages in the state of Texas.

Working with a professional Houston liquor license service can provide added help for restaurants, bars, nightclubs and stores that sell alcoholic beverages in Texas. These experienced consultants can offer assistance in setting up employee training plans, establishing ground rules and navigating the liquor license permit process. By enlisting the help of these knowledgeable professionals, businesses in Houston and the surrounding communities can ensure full compliance with TABC and can avoid the stress and inconvenience of complaints against their establishments.

Owning an establishment that sells alcoholic beverages in Texas is a serious responsibility. As an alcohol retailer, manufacturer, wholesaler or importer, you will be required to obtain or renew your licenses on the federal, state, city or county level. You may also be obligated to carry permits. These requirements might seem daunting and exhaustive to you, but there are Texas license services to help you navigate through the entire process without suffering any missteps.

The Definition of the “Dram Shop”

An enterprise that has a Texas beer license or other alcoholic beverage license has extra liability issues that other retailers and business owners do not have. This is because a business that sells alcoholic beverages is considered to be a “dram shop” and is subject to dram shop laws. A dram shop is any retail business that makes alcoholic beverages available for sale to customers for consumption on the premises. Dram shop laws give responsibility to the owners of bars and restaurants for injuries suffered by patrons who had too much to drink.

An Example

A customer enters a restaurant and has several drinks. The employees and other customers notice that this particular person is drunk. The intoxicated patron leaves the restaurant intending to drive home but is injured in a collision. In this scenario, the restaurant’s owner may be found liable for the inebriated customer’s injuries or any injuries the customer caused.

In the example stated above, the plaintiff would need to prove at least two things before the restaurant’s owners can be found liable in the incident, and they are the following:

• The wait staff continued to serve the patron alcohol even though he or she was very clearly intoxicated
• The fact that the patron was served alcohol directly led to the injuries he or she suffered or caused

The Alcoholic Beverage Code of Texas

In Texas, the Alcoholic Beverage Code states that bars and restaurants that serve alcohol to obviously intoxicated customers may be liable for injuries. Customers who are injured in accidents after leaving a bar or restaurant can sue the establishment that served them alcohol while they were drunk, but they will have to demonstrate that it was evident that they were a danger to themselves or other people when the alcohol was sold. Minors who were inebriated when they were sold alcoholic beverages are also entitled to sue a bar or restaurant for their injuries under the Texas dram shop law.

Strict Liability

In most states, people wishing to sue bar or restaurant owners under dram shop laws must only demonstrate that they were served alcohol while they were intoxicated. Then, the establishment’s owners will be subject to strict liability. Strict liability means that the owners are “absolutely liable” for any injuries suffered. In Texas, it is different because a drinking establishment’s owners cannot be found automatically liable for injuries.

The Difference in Texas

If you have a Texas alcoholic beverage license and a patron sues you for their injuries, you will only be responsible for the portion that the jury assigns to you. For example, a Texas jury can determine that you are only liable if you are more than 50 percent responsible for the customer’s injuries. This means that the jury can decide that the driver is responsible for their injuries because they made the decision to drive after consuming alcohol.

Texas courts do not take these matters lightly, and they investigate them very thoroughly in order to assign the correct amount of blame to each individual party. Both the plaintiff and the defendant have the right to retain their own attorneys and hire experts who can demonstrate that one side or the other deserves the majority of the blame.