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Did you know that there is no speedy hearing rights, decisions on agency orders affirming, reversing, or modifying hearing judges or statute of limitations for Texas Alcoholic Beverage Code violations? Numerous clients of ours have expressed frustration over incredible delays in contesting alleged violations of the Code, from time of citation, to obtaining a hearing, and ultimate disposition by agency order, well before the Covid-19 pandemic. Under the regular criminal justice system, there are mechanisms in place to prevent these things from happening, such as statute of limitations and speedy trial. Our firm has drafted a proposed bill to that…
There are several competing pieces of legislation regarding alcohol to go sales. HB 983 | HB1024 |SB298 | HB1102. Unfortunately, none of them do not address the 700 private club permit holders (who are similar to mixed beverage establishments). Private club permit holders cannot sell alcohol to go nor offer delivery. Our firm drafted a proposed bill to that end. If you agree with this bill in principle, or even as written, please write your state representative and senator, and ask them to support the proposed changes. Deadline for filing bills is March 12, 2021. #txlege #texasbars #tbna…
Nearly ten months into the shutdown caused by a worldwide pandemic, it can be easy to let your guard down for just a taste of normalcy. Restaurant and bar owners are doing the absolute best they can to provide that escape for patrons, but owners are required to abide by COVID-19 protocols to remain open and maintain their TABC license. The alcohol attorneys at Griffith & Hughes have witnessed firsthand the importance of following COVID-19 guidelines in keeping businesses open, and we have fought to open businesses that were previously shut down. New Normal in Restaurants and Bars Restaurants and…
Aside from an existing on-premise TABC permit holder being qualified to operate as a restaurant under GA-28 and subsequent executive orders, there are over a dozen reasons to apply for a food and beverage certificate (FB). Benefits of a TABC Food and Beverage Certificate Categorization as a blue gun sign establishment. See Tex. Govt Code § 411.204(e), Tex. Alco. Bev. Code §§ 11.041 and 61.11. This is an important consideration in being able to service concealed hand gun and open carry customers. Eligibility to operate as a Mixed Beverage Permit with Food and Beverage Certificate (RM), Wine and…
On, October 7, 2020, Governor Abbott issued Executive Order GA-32 which allows businesses that do not qualify as a restaurant to open for on-premise services starting October 14th, if their county judge applies to – and is approved by – the TABC. The TABC map indicating the Texas counties where bars can reopen can be found here. However, even though some bars will be allowed to finally open, they will have to operate under more significant restrictions while GA-32 is in effect than businesses that qualify as a restaurant. Abbott also issued health protocol checklists both for bars and…
A private club is an association of persons for some common purpose. The law allows a private club to serve and offer to serve alcohol to its members, even in a dry area, as long as it holds a valid private club permit from the Texas Alcoholic Beverage Commission (“TABC”). Any club that does not hold a TABC permit is prohibited by law from serving or offering to serve alcohol to its members. Private Club Act The Private Club Act was enacted in 1961, which exempted associations from the general prohibition against the “sale” of alcoholic beverages containing distilled spirits…
On August 25, 2020, The TABC held an emergency commissioner’s meeting and approved amendments to its food and beverage certificate rules (TABC Rule 33.5) that will allow businesses without kitchens to qualify for a food and beverage certificate and thereby open for dine-in services under Governor Abbott’s June 26th Executive Order GA-28. Food and Beverage Certificate (FB) Qualifications In additional to other requirements, a business with a TABC permit qualifies for a Food and Beverage Certificate (FB) if: Multiple entrees are available to customers; and Permanent food service facilities are maintained at the location. The amendments to TABC Rule 33.5,…
On August 17, 2020, The Texas Comptroller’s Office announced that when a business with a mixed beverage permit sells alcohol for off-premise consumption, limited sales and use taxes apply to the sale instead of mixed beverage taxes (the announcement can be found here). This effectively means mixed beverage permit holders will pay 6.7% less in taxes on alcohol sold to-go or for delivery. Mixed Beverage Tax If a mixed beverage permit holder has already reported off-premise alcohol sales on their Mixed Beverage sale tax & Mixed Beverage gross receipt tax returns, they should amend them along with their limited…