INDUSTRY NOTICE: Steps to Legally Offer Alcohol-To-Go Under House Bill 1024

Gov. Greg Abbott has signed House Bill 1024 (alcohol-to-go) into law and it is now in effect, replacing the COVID-19 protocols for selling alcohol to go. This law allows eligible Mixed Beverage Permit (MB) holders and Private Clubs (N/NB/NE) to sell beer, wine and cocktails to consumers for pickup or delivery if sold with a food order. To make sure you are ready to sell alcohol to go under the new law, review these three items:

1. Read the alcohol-to-go guidance for Mixed Beverage (MB) and Private Club (N/NE/NB) permit holders.
2. Ensure that you have a current Food and Beverage Certificate (FB) issued by TABC. If you do not have the FB Certificate, submit an application as soon as possible. Under the law, you may not begin or continue selling alcohol to go without this. TABC will do everything it can to timely process and issue FB Certificates to qualified applicants.
   
   To help the struggling restaurant industry, TABC will temporarily use discretion on enforcing the FB Certificate requirement for businesses that make good faith efforts to timely submit their FB Certificate applications and payments but have not yet been issued the certificate by TABC. However, if an applicant receives notice that TABC has denied their request for an FB Certificate, the applicant may no longer conduct alcohol-to-go activities.
   
   To submit your FB Certificate application, mail (do not email) a completed L-AFB form and a payment of $776 (application fee) to either of these addresses:
   
   

   TABC Licensing Division 5806 Mesa Drive Austin TX 78731

   TABC Licensing Division P.O. BOX 13127 Austin, TX 78731-312

   
   Note: If you previously submitted an application using the L-LRC form and those instructions, TABC will still accept that application and you do not need to submit a new application.
   
   After submitting your FB Certificate application to TABC, please post a copy of your FB Certificate application next to your permit at your location. This will help TABC’s Audit and Enforcement personnel in using discretion on enforcing the FB Certificate requirement.
   
3. Alcohol delivery drivers are encouraged to take the Texas Responsible Alcohol Delivery (TRAD) certification course. This course teaches delivery drivers how to safely deliver alcohol to consumers in Texas. Businesses that hold a TABC Consumer Delivery Permit could be protected from liabilities if their drivers are TRAD certified. The course could also provide some protections to individual delivery drivers.