Restaurants and bars throughout Texas can now mix drinks and sell them to-go

The Texas Alcoholic Beverage Commission announced today that Texas restaurants and bars may now sell mixed drinks and cocktails to-go. The new statutory waiver is in response to Covid-19’s big hurt on revenue streams.

Restaurants and certain bars with a Mixed Beverage Permit to sell mixed drinks to-go and for delivery may now sell drinks containing distilled spirits mixed that are sealed by the business itself. Previously, mixed drinks sold to-go were prohibited under the state’s Alcoholic Beverage Code. This new action, signed by Gov. Abbot, temporarily waives that law.

“Operating during this pandemic has proved an incredible challenge for all segments of the alcoholic beverage industry,” TABC Executive Director Bentley Nettles said. “Opening up the ability for these businesses to sell mixed drinks to go will help ease the burden for many of these struggling businesses.”

To qualify for alcohol delivery and pickup, a business must hold a Mixed Beverage Permit and have permanent food service capabilities on the premise. Alcohol orders must also be accompanied by a food order and follow all other requirements in TABC’s Industry Notice.

It’s a criminal offense to knowingly possess an open container in a passenger area of a motor vehicle. Prior to delivering a mixed alcoholic beverage or providing the beverage to go, it must be in a closed or sealed container. If the covering or lid on the top of the container has any holes that would provide a way to consume the beverage with the lid intact, it would constitute an illegal open container.