If you’re planning a get-together in a public place or know that your gallery or restaurant is having an open mic night or hosting a bridal brunch, it is fruitful to be aware of the bring-your-own-beverage laws in your local area. Luckily, if your business is in the great lone star state, you don’t have too much homework to do. Texas has some of the laxest laws in the country regarding BYOB. In fact, there are no statewide Texas BYOB laws; there are only restrictions regarding alcohol-related state laws and specific permits. Learn more about how BYOB works in Texas and which locations will let you relax with your own beverages with a Zipps Liquor on the way.
How Does BYOB Work in Texas
The Texas Alcohol and Beverage Code regulates BYOB, alcohol-related laws, and permit restrictions. The TABC must approve specific permits to allow for alcohol to be served on-premise in particular locations.
So long as there are no restrictions in your local city and county ordinances, in conjunction with business regulations, you may bring in your alcoholic beverages to:
- Any establishment licensed to sell beer or wine
- Any establishment not licensed to sell alcoholic beverages
Still, some places fall outside the parameters of “any establishment.” Both Mixed Beverage Permits and Private Club Registration Permits are required for specific establishments. If an establishment holds one or both of the MB or N permits, you may not BYOB, and doing so will result in a violation.
MB & N Permits and BYOB
If you are applying for an MB or N permit, it is recommended that you do not allow any BYOB on-premise while waiting for approval. If you suffer a violation, in addition to the patron who BYOB, it could damage your approval process.
BG Permits and BYOB
However, if you are an establishment that sells beer or wine and your patrons want to BYOB as you wait for your Wine and Beer Retailer’s Permit, it is unlikely that you will suffer any violations. Your business can still sell the necessary accoutrements that complement distilled spirits that customers bring in from the outside, and the required BG permit will push through without any challenges.
Alcohol-Related State Laws
Even though your customers bring their alcohol from outside your establishment, you are still responsible for a portion of the liability. Since you do not have control over the alcohol, it is unlikely that you will over serve them, as is the biggest concern in the bar industry, but other issues must be reconciled.
Minors and Alcohol
Just like most of the United States, the legal age of alcohol possession is 21 in Texas. However, there is an exception that all establishments need to be aware of before making the bylaws and regulations that govern their business establishment.
In Texas, if a minor is with a parent or guardian, that minor can imbibe alcohol under the watch of their accompanying adult. This occurrence creates a very tricky legal situation. Your business can choose whether or not to allow minors on-premise to avoid the problem altogether. The penalty, if found guilty, can be any of the following:
- Class A misdemeanor for the first offense with a fine up to $4,000 and jail time up to a year
- Drivers license suspended up to 180 days
- Can be held liable for damages caused by intoxication of the minor
- The owner/lessee of the building can also be held liable for damages caused by intoxication of a minor
- Suspension of business license
BYOB often removes the danger of over-serving someone at the hands of your establishment. However, you remain responsible for calling authorities if a person appears to be publicly intoxicated. Suppose it is your best judgment that a person is so intoxicated that they may endanger themselves or another person due to the excess consumption of alcohol. In that case, it is your due diligence to contact authorities. Public intoxication is dangerous and illegal by Texas Penal Code Section 49.02.
Another alcohol-related law that business owners must be aware of, despite not even serving the alcohol, is the legal hours of consumption. Whether an establishment has a TABC permit or not, there are still restrictions as to how long alcohol consumption can last in a public place.
It seems that if you want the party to continue, you will have to take it home after 12:15 a.m. Sunday night through Friday night and 1:15 a.m. on Saturday. Some areas end one hour later at 2:15 a.m. with extended hours.
What Are BYOB Restaurants in Texas?
BYOB restaurants in Texas allow you to bring your outside drink into the restaurant. Check ahead of time to see if they allow liquor, as some restaurants are beer and wine only. Remember that corkage fees and other setup fees are fees that restaurants charge to recoup the money lost in alcohol sales when you bring your own. Check out some of the best BYOB restaurants around Texas and enjoy your dinner with the drink of your choice.
Jenni’s Noodle House
602 East 20th St., Houston TX 77098
Memorial Green, 12505 Memorial Dr., Houston TX 77024
3091 College Park Dr., Suite 185, The Woodlands, TX 77384
10700 Kuykendahl Rd. Suite F, The Woodlands, TX 77381
8000 McBeth Way, #170, The Woodlands, TX 77382
30420 FM2978 #160, Magnolia, TX 77354
317 Mesquite St., Corpus Christi, TX 78401
109 Oakland St., Denton, TX 76209
610 Byron Nelson Blvd., Suite 110, Roanoke, TX 76262
1255 S Grant Ave, Odessa, Texas 79761
When deciding on a restaurant that allows BYOB in your area, be sure to locate the Zipps Liquor store on the way into your dinner reservation. Not only does Zipps have a wide selection of beer, wine, and spirits, but the prices are competitive, so you will still have enough funds for the whole spread and even dessert once you settle in for your meal.