TABC FAQs
Below is a resource for common TABC questions and policies, compiled by Brooke Evans of Republic National Beverage Co., and your DFW NACE Treasurer.
Wine Toss from the NACE Superhero Fundraiser
Click here for some frequently asked questions you might get when planning an event for a charitable organization. Just know that if your event space does have a TABC license the organization must buy their alcohol through the venue and cannot bring it in.
Here is another link that provides a great training tool for anyone serving alcoholic beverages.
Other FAQ’s –
Some restaurants I visit allow me to bring my own bottle of wine, while others say it is against the law. Which is it? And is it legal for the bar or restaurant to charge me a fee to bring my own alcoholic beverages into the establishment?
o It is ILLEGAL to take any alcoholic beverage into a restaurant/bar that has a private club permit or a mixed beverage permit (distilled spirits in addition to beer/wine). You can’t leave with an alcoholic beverage, unless it is a malt beverage produced by a brewpub, or you are leaving with a bottle of wine you bought with a meal and did not finish. Section 28.10 of the Alcoholic Beverage Code says, “A mixed beverage permittee may not permit any person to take any alcoholic beverage purchased on the licensed premises from the premises where sold, except that a person who orders wine with food and has a portion of the open container remaining may remove the open container of wine from the premises.”
o It is LEGAL to take alcoholic beverages into or out of a restaurant/bar that has a beer/wine permit (no distilled spirits), or an establishment that does not have a permit to sell alcohol. However, the business may have their own rules against it. If the business allows you to bring your own alcoholic beverages onto their premises, it is legal for them to charge you a fee. It is often referred to as a “corkage fee,” especially when it refers to a bottle of wine brought into a restaurant. Some bars also sell “set ups” which refers to cups of ice or soda that the customer buys and mixes with their own distilled spirits.
Is it illegal to sell alcoholic beverages to someone unless they show a Texas driver’s license?
o The law does not require that a person over 21 provide any identification to purchase alcohol in Texas. But since store clerks, waitresses, and bartenders can be held criminally liable for selling to a minor, they often require a government-issued photo ID (military, state or federal), to prove that the person really is 21.
o Section 106.03 of the Alcoholic Beverage Code states that a person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor’s appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.
o The proof of identification could be a driver’s license or identification card issued by the Texas Department of Public Safety, a United States passport, a military identification card, or any other photo ID issued by a state or the federal government.
o So a store, bar or restaurant can sell alcohol to a person with an out-of-state driver’s license, military ID, or passport – or with no ID at all. What’s acceptable in any establishment is a matter of that establishment’s private business policies.
How old does a person need to be to become TABC certified and sell or serve alcoholic beverages?
o There is no minimum age for attending a server training course. Depending on the type of permit held by the establishment, there may or may not be age limits for serving/selling alcohol. The limits are as follows:
- On-Premises License or Permit (e.g. bar or restaurant) – must be 18 or over to serve/sell
What are the legal hours of sale/service of alcoholic beverages?
o ON-PREMISE LICENSE OR PERMIT (E.G. BAR OR RESTAURANT)
o Monday-Friday: 7am-midnight
o Saturday: 7am-1am
o Sunday: Noon to midnight. (10am-noon only in conjunction with the service of food)
o If the establishment is in a city or county legal for late hours, and they have a late hours permit, they can sell alcohol for on-premise consumption until 2am any night of the week.