When Do They Start Selling Beer in Texas?
The sale of beer in Texas, along with wine and liquor, generally begins at 7:00 AM on weekdays and Saturdays. Sunday sales are later, starting at noon, with an earlier start time in certain circumstances with the addition of food service.
The History of Texas Alcohol Laws: A Tangled Web
Texas alcohol laws are notoriously complex, the product of a long history shaped by Prohibition, local option elections, and ongoing legislative debates. Understanding the current regulations requires a glimpse into this history. After the repeal of Prohibition in 1933, Texas established a system where counties and even smaller jurisdictions could vote to prohibit or allow the sale of alcohol. This “local option” system created a patchwork of rules across the state, making it challenging to navigate the legal landscape of beer, wine, and liquor sales. The modern system is a compromise reflecting ongoing tension between those favoring stricter control and those advocating for deregulation.
Standard Hours: Weekdays and Saturdays
The most common scenario is the sale of beer, wine, and liquor during the standard permitted hours. This applies to most retailers holding permits, including grocery stores, convenience stores, and package stores. Outside of these times, sales are prohibited by law and can result in fines, license suspension, or even revocation for businesses.
- Monday – Friday: 7:00 AM – Midnight
- Saturday: 7:00 AM – 1:00 AM (Sunday morning)
Sunday Sales: The Noon Rule and Exceptions
Sunday sales in Texas are subject to stricter regulations. For many years, the “blue law” tradition kept alcohol sales completely prohibited on Sundays. While this ban has been lifted, the restrictions remain.
- Standard Sunday Sales: Noon – Midnight
The most common exception to the noon rule involves businesses with a food and beverage certificate. These establishments, which derive at least 51% of their gross receipts from the sale of food, can begin selling beer and wine at 10:00 AM on Sundays.
51% Rule: The Key to Earlier Sunday Beer
The 51% rule is critical for businesses aiming to sell alcohol earlier on Sundays. This rule dictates that to obtain a food and beverage certificate allowing earlier Sunday sales, a business must demonstrate that at least 51% of its gross receipts are from the sale of food. This provision aims to limit earlier sales to bona fide restaurants and eateries rather than establishments focused primarily on alcohol sales.
Late Hours Permits: Extended Sales on Certain Nights
Texas also allows certain businesses to apply for late-hours permits. These permits extend the legal sale of alcohol, including beer, beyond the standard midnight or 1:00 AM closing times.
- Extended Hours: Midnight – 2:00 AM (applies only to Friday and Saturday nights, or the nights before Memorial Day, July 4th, or New Year’s Day).
- Businesses with a late-hours permit can sell alcohol until 2:00 AM on the specified nights.
Holidays and Special Events: Any Variations?
Generally, the same rules apply to holidays. However, it’s important to be aware of local option elections that might have created restrictions within a specific county or city. New Year’s Day is an exception to the late night alcohol sales; the standard hours are extended until 2:00 AM.
Penalties for Violating Alcohol Laws: High Stakes
Violating Texas alcohol laws can result in severe consequences for both businesses and individuals. Businesses can face fines, temporary suspension of their permits, or even permanent revocation of their right to sell alcohol. Individuals can face criminal charges, fines, and potential jail time for underage drinking, public intoxication, or selling alcohol without a license.
Navigating the Local Option: Check Before You Buy
Given the history of local option elections in Texas, it is crucial to verify the specific regulations in your area. While the state law establishes the general framework, individual counties or cities may have adopted stricter regulations. Checking with your local alcohol beverage control office or city hall can help you ensure compliance with all applicable laws.
Frequently Asked Questions (FAQs)
Can I buy beer on Sunday morning in Texas if I’m eating brunch?
Maybe. If the establishment holds a food and beverage certificate and derives at least 51% of its gross receipts from food sales, then they can start selling beer at 10:00 AM. Otherwise, you’ll have to wait until noon.
What is a “package store” and what are its hours for selling beer?
A “package store,” also known as a liquor store, is a retail outlet licensed to sell packaged alcohol, including beer, wine, and spirits, for off-premise consumption. Package stores generally adhere to the standard hours: 7:00 AM to 9:00 PM Monday through Saturday. They are closed on Sundays.
Can I buy beer at a gas station in Texas on Sunday morning?
No. Gas stations generally sell beer under the standard retail rules, meaning that Sunday sales cannot begin until noon. Unless the gas station also operates as a restaurant with the appropriate certification, you will not be able to purchase beer before noon on Sundays.
What happens if a store sells beer outside the legal hours?
If a store sells beer outside the legal hours, it faces serious penalties from the Texas Alcoholic Beverage Commission (TABC). These penalties can include fines, suspension of their alcohol permit, or even revocation of the permit, effectively shutting down their ability to sell alcohol.
How does the 51% rule affect breweries and brewpubs?
Breweries and brewpubs often operate under different permit types than restaurants, but those serving food may seek to comply with the 51% rule to benefit from earlier Sunday sales. This would permit them to sell their beer and other alcoholic beverages starting at 10:00 AM on Sundays rather than waiting until noon, potentially increasing revenue during brunch hours.
Are there any dry counties in Texas where beer sales are prohibited?
Yes. While the number has decreased over time, there are still some dry counties and precincts in Texas where the sale of alcohol, including beer, is completely prohibited. It is crucial to check local regulations before attempting to purchase or sell alcohol in these areas.
Can I bring my own beer to a restaurant in Texas?
Generally, Texas law does not allow patrons to bring their own alcohol (BYOB) to restaurants that are licensed to sell alcohol. However, there may be exceptions for certain private events or establishments that do not hold a liquor license. Check with the specific establishment for their policy.
What are the penalties for underage drinking in Texas?
Underage drinking in Texas carries significant penalties. These can include fines, community service, mandatory alcohol awareness courses, and suspension or revocation of the driver’s license. Repeat offenses can lead to even more severe consequences, including jail time.
If a bar has a late-hours permit, can they serve beer until 2:00 AM every night?
No. The late-hours permit in Texas only applies to Friday and Saturday nights, or the nights before Memorial Day, July 4th, or New Year’s Day. On all other nights, bars must stop serving alcohol at midnight.
Does the type of beer (e.g., craft beer, domestic beer) affect when it can be sold?
No. The type of beer does not affect the legality of its sale. The governing factors are the location of sale, the day of the week, and the time of day, as outlined by Texas alcohol laws. As long as the retailer has the proper permits and the sale occurs within the permitted hours, any legally produced beer can be sold.
How can I verify the alcohol sales hours in a specific Texas city or county?
The best way to verify alcohol sales hours in a specific Texas city or county is to contact the local Alcoholic Beverage Control (ABC) office or city hall. These agencies can provide accurate information regarding local ordinances and restrictions. You can also consult the Texas Alcoholic Beverage Commission (TABC) website for general information, but always confirm with local authorities.
Can I order beer online and have it delivered to my home in Texas?
The legality of ordering beer online and having it delivered to your home in Texas depends on various factors, including the seller’s permit type and local regulations. While some retailers may offer delivery services, it is essential to verify that they are compliant with all applicable state and local laws. Third-party delivery services are permitted so long as they comply with the rules for verifying the customer’s age and other stipulations.