Texans are no strangers to enjoying alcoholic beverages, whether it’s a craft beer on a hot day or a celebratory cocktail. Recent changes in legislation, particularly the TABC Delivery Law, have broadened the availability of alcohol to-go from restaurants and bars. This shift raises important questions, especially concerning When Transporting A Delivery Order That Contains Alcohol. Understanding the specifics of these regulations is crucial for both businesses and individuals to ensure compliance and responsible handling.
Texas Alcohol To-Go: What’s Legal?
The landscape of alcohol sales in Texas has evolved. Initially a temporary measure during the pandemic, the ability for businesses to sell alcohol for takeout and delivery has become permanent through House Bill 1024. This law permits Mixed Beverage and Private Club permit holders to sell alcohol, including mixed drinks, for pickup or delivery, provided they adhere to specific guidelines outlined by the Texas Alcoholic Beverage Commission (TABC).
This update expands upon pre-existing permissions for businesses like Beer and Wine Retailers, who already had some alcohol-to-go privileges. Now, a wider range of establishments can offer this convenience, increasing accessibility for consumers across Texas.
The Trunk is Key: Proper Placement for Alcohol Delivery Orders
A critical aspect of the TABC Delivery Law centers on when transporting a delivery order that contains alcohol: where should it be placed within the vehicle? The TABC is clear on this point: alcohol being delivered must be in a sealed container and kept out of the passenger area of the vehicle.
Specifically, regulations mandate that sealed alcoholic beverages must be placed in one of the following locations during transport:
- The Trunk: The trunk of the vehicle is the primary designated space for alcohol delivery orders.
- Area Behind the Last Upright Seat: For vehicles without a trunk, the area behind the last upright seat is permitted, effectively meaning cargo areas in SUVs or hatchbacks, separated from the passenger compartment.
- Locked Glove Compartment: If the vehicle has a secure, locked glove compartment or similar storage container, this is also an acceptable location for sealed alcohol during delivery.
These stipulations, detailed in TABC guidelines and related to health and sanitation safety, are designed to ensure responsible transportation and prevent unauthorized access or consumption during transit. Proper storage maintains the integrity of the sealed order and aligns with legal requirements.
Open Container Laws: What’s Not Allowed in the Passenger Area
Texas law is stringent when it comes to open containers of alcohol in vehicles. An “open container,” as defined by Texas law, is any container holding alcohol that has a broken seal, has been opened, or has had some of its contents removed.
Texas Penal Code 49.031 explicitly prohibits the knowing possession of an open container of alcohol in the passenger area of a motor vehicle on a public highway. This applies to all seating areas – driver’s side, passenger side, and backseat – and is in effect whether the vehicle is moving, stopped, or parked. This means neither drivers nor passengers can legally consume alcohol within the vehicle in most circumstances.
The purpose of this law is to aggressively prevent drinking and driving and foster safer roads for everyone. By eliminating open containers from accessible areas of vehicles, Texas aims to reduce impaired driving incidents and promote responsible behavior.
There are limited exceptions, such as for passengers in hired limousines or motor homes designed for passenger accommodation, where alcohol consumption within the passenger area may be permitted. However, for standard vehicles, the rule is clear: no open containers in the passenger area.
Unopened Alcohol: Legal, But Keep it Sealed
Transporting unopened alcohol in Texas is legal. The critical condition is that the alcohol container must remain completely sealed. Simply resealing or recorking a previously opened container does not satisfy the legal requirement. To comply with Texas Open Container laws, the original seal must be intact. This ensures that the transportation of alcohol remains within legal boundaries.
TABC Certification: Essential for the Alcohol Service Industry
For individuals working in the Texas alcohol service industry, particularly in establishments that sell or serve alcoholic beverages, TABC certification is mandatory. TABC alcohol training is an educational program focused on responsible alcohol sales and service practices within the framework of Texas law.
This training equips sellers and servers with the knowledge and skills needed to encourage responsible consumption, prevent underage drinking, and maintain safe environments. Approved providers, like TIPS, offer both classroom and online TABC certification courses. Completing TABC training and obtaining certification demonstrates a commitment to responsible alcohol service and compliance with Texas regulations, enhancing safety and professionalism within the industry. TIPS Texas TABC alcohol training provides comprehensive education for creating safer alcohol service environments.
In conclusion, understanding the nuances of Texas alcohol delivery laws, especially when transporting a delivery order that contains alcohol, is vital. By adhering to regulations regarding sealed containers and proper storage locations like the trunk, and by understanding open container laws, individuals and businesses can navigate these rules responsibly and legally. For those in the alcohol service industry, TABC certification is a cornerstone of responsible and compliant practice.
