Could alcohol to-go in Texas be here to stay? Lawmakers consider the option
Fans of alcohol-to-go may be raising their glasses tonight in celebration. The Texas House on Wednesday gave initial approval to a Fort Worth lawmaker’s bill that would make the coronavirus-era measure permanent.
The legislation, filed by Republican Rep. Charlie Geren, would allow restaurants with a food and beverage certificate and a mixed beverage permit to sell beer, wine and cocktails with food orders for pick-up and delivery. Laying out the bill on the House floor, Geren explained that the beverages must be picked up or delivered in a tamper-proof container. Customers must also show valid ID when picking up or receiving a delivery, he said. The bill would also allow private clubs to offer alcohol to-go.
“The COVID-19 pandemic has had a very, very negative effect of restaurants,” said Geren, a restaurateur himself as president of Railhead Smokehouse. Geren said the legislation wouldn’t affect his restaurant, as he does not have a mixed beverage permit.
During the COVID-19 pandemic restaurants with mixed beverage permits have been able to sell drinks to-go to. During the height of the pandemic, restaurants have had to close or limit in-person dining to help curb the spread of the virus. All Texas businesses were allowed to open at 100% capacity earlier in March.
House Bill 1024 initially passed with no debate.
For Lanny Lancarte II —the owner of Righteous Foods in Fort Worth and Eat Fajitas, a “ghost kitchen” that delivers food and drinks — the law change would be welcomed. Restaurants with certain licenses could already sell alcohol to be delivered before the pandemic, as long as it was under a certain volume and in the original manufacturer’s container. The selling of pre-mixed beverages offers a level of quality control, he said.
“It’ll be a vital part of our operations with Eat Fajitas,” Lancarte said. “If it doesn’t pass or get through, then we’ll have to go back to the pre-last March and just have the consumer mix it themselves.”
Shannon Wynne, owner of Flying Saucer Draught Emporium, Flying Fish and Rodeo Goat, said he’d also supports the bill. Alcohol-to-go has been well received by guests, the restaurateur said.
“We haven’t had much time to see what it’s going to be like once business gets back going,” he said. “If it doesn’t have a negative impact on drinking and driving, then yeah, we would like to keep it.”
Representatives from the Texas Restaurant Association cheered the bills being one step closer to becoming law.
“Texans — we’re one big step closer to being able to have our tacos and margaritas to go — FOREVER!” said Emily Williams Knight, president and CEO Texas Restaurant Association and Education Foundation, on Twitter.
Opponents of the legislation fear it could increase underage drinking and would like to see enforcement mechanisms in place to limit access to those under the age of 21 and consequences for restaurants that sell to underage customers, according to an analysis by the House Research Organization.
The House must vote on the bill once more before sending the measure to the Senate for consideration. If both chambers approve the bill, then it heads to Gov. Greg Abbott’s desk. Sen. Kelly Hancock, R-North Richland Hills, has filed an identical proposal in the Senate.
Abbott has in the past signaled support for making the alcohol to-go measure permanent in Texas.
“From what I hear from Texans, we may just let this keep going on forever,” Abbott wrote on Twitter in April.
This story was originally published March 24, 2021 at 2:04 PM.
