From food to furniture, customers can order everything online for delivery straight to their doors. That option is now available for alcohol. Thanks to the Texas Legislature’s recent changes to state law, there are two new delivery options. Here are the key points covered in this advisory:
- MB/FB Permit: If a business has a Mixed Beverage Permit and a Food and Beverage Certificate, the law now allows the business to deliver, or have a third party deliver, alcohol directly to customers. However, the business must sell the alcohol along with food prepared at the business. The alcohol must also be in its original, manufacturer-sealed container. This means cocktails prepared at a bar or restaurant are not authorized for delivery.
- CD Permit: This permit allows qualifying retailers to make deliveries themselves. It also allows a third-party delivery company to make deliveries from those qualifying retailers (see the advisory for specific criteria). Conducting business under this permit provides several protections from liability.
- Responsible delivery: There are public safety requirements for the driver similar to the requirements for serving alcohol at a bar or restaurant. If a person isn’t 21 or older, you can’t deliver alcohol to them — just like you can’t serve them alcohol in a bar. Drivers are also not allowed to deliver alcohol to an intoxicated person or an address in a “dry” area.
- The full advisory goes into more detail about the various authorities, requirements and limitations.