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Ex. AGY-ST-ALCOHOL-001 Order Primary source read

TABC Industry Notice, Including Alcohol with Pick-Up and Delivery Orders of Food

Industry Notice to Restaurants that hold a Mixed Beverage Permit: Including Alcohol with Pick-Up and Delivery Orders of Food

Texas Alcoholic Beverage Commission · Texas (State alcoholic-beverage regulator) (Sector regulator)

The COVID Project

The record

Jurisdiction
Texas (State alcoholic-beverage regulator) · Texas
Level
Sector regulator
Authority
Governor's suspension of Alcoholic Beverage Code limitations under Tex. Gov't Code § 418.016, implemented by TABC industry notice
Issued
2020-03-19 Mar. 19, 2020
Effective
2020-03-18 (Governor's waiver announced March 18, 2020; notice dated March 19, 2020) (read as 2020-03-18)
End
Made permanent by House Bill 1024 (May 12, 2021) (Ex. TX-033); all temporary TABC coronavirus waivers expired by 2022 (Ex. AGY-ST-ALCOHOL-017) (read as 2021-05-12)
In force
Mar. 18, 2020 to May 12, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureAlcohol and barsOther
Addressees
  • restaurants holding a Mixed Beverage Permit (MB)
Functions reached
  • BA bar and alcohol service (converted to off-premises)
  • DR dining room (eligibility predicated on compelled end of dine-in service)
  • TO takeout and delivery
  • CB
Collection
State alcoholic-beverage regulators AGY-ST-ALCOHOL

Operative words

with the approval of the Governor's Office pursuant to Governor Abbott's March 13, 2020, disaster declaration, TABC has temporarily suspended these limitations so that restaurants that hold a Mixed Beverage Permit may conduct "to-go" alcohol sales as well as alcohol deliveries to consumers.... Eligibility...: Restaurants that: Hold a Mixed Beverage Permit (MB)..., Have permanent food service capabilities at the premises, and Have been forced to end dine-in services by a governmental entity due to the coronavirus pandemic.

Enforcement

Conditions of the waiver (food order prepared on premises; manufacturer-sealed containers; distilled spirits 375 ml or less; delivery within the county; recipient 21 and not intoxicated); violations subject to permit action under Tex. Alco. Bev. Code § 11.61

Notes

The notice recites the predicate: mandated business closures and event cancellations; the to-go privilege is conditioned on the restaurant having been 'forced to end dine-in services by a governmental entity'. Wayback capture of TABC file TemporaryWaiver.pdf; the archived file is this notice.

Retrieval note

sha256 abbreviated in this field to its first 12 hex characters; the full value is in the retrieval ledger and the file is on disk.