Texas’ new law authorizing beer-to-go sales (beer and ale) becomes effective on September 1, 2019. This guidance is intended to provide breweries (holders of Brewer’s Permits (B) and/or Manufacturer’s Licenses (BA)) with basic information for legally conducting these sales.
Who May Sell Beer-to-Go
: A brewery in Texas whose
annual production
of malt beverages (beer and ale) on its premises
plus
the annual production of all in-state and out-of-state breweries that the brewery shares a common ownership with
does not exceed 225,000 barrels
.
What Qualified Breweries May Do
: Sell malt beverages produced on the brewery’s premises to consumers, which the
consumers may take with them off of the brewery’s premises
.
Limit on Sales
: Beer-to-go sales are capped at
288 fluid ounces (one case) per person, per day
. A brewery’s total sales to consumers (for on and off-premise consumption) are capped at 5,000 barrels per year.
Record Keeping
: Small breweries that conduct beer-to-go sales must keep records that show the
total amount of beer and/or ale it sells to consumers each month
.
Violations
: If a brewery exceeds the daily cap on to-go sales or fails to comply with the record keeping requirements, the brewery is subject to an
administrative penalty of a fine or suspension
of licensed/permitted activities.
See Texas Alcoholic Beverage Code, Sections 12.052 & 62.122 (effective 9/1/19).
Please note that TABC is in the process of developing administrative rules necessary to implement various provisions of this new law, such as an amendment to Rule 34.3 that establishes the administrative penalty.
