AUSTIN, Texas — The Texas Alcoholic Beverage Commission has issued a clarification after its guidance caused some confusion for brewery and winery owners eager to make some sales during the COVID-19 pandemic.
Late last week, TABC began allowing "retail and manufacturing businesses" to expand where they can sell and serve alcoholic drinks by allowing them to apply for the Temporary Modification of Licensed Premises (TMLP) program.
If approved, a restaurant, for example, would be allowed to serve and sell alcohol in a patio or outdoor area that wasn't part of its original designated premises, which wouldn't count against the 50% indoor capacity outlined in Gov. Greg Abbott's June 26 executive order:
"For dine-in services by restaurants that have less than 51 percent of their gross receipts from the sale of alcoholic beverages, the occupancy limit shall remain at 75 percent until 12:01 a.m. on June 29, 2020, at which time such restaurants may only operate at up to 50 percent of the total listed occupancy of the restaurant …
People shall not visit bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission (TABC) and are not restaurants as defined above in paragraph number 6; provided, however, that the use by such bars or similar establishments of drive-thru, pickup, or delivery options for food and drinks is allowed to the extent authorized by the TABC."
Some breweries interpreted TABC's new guidance as giving them the green light to allow their customers to buy their beer-to-go and drink it on a patio or outdoor seating area.
On Wednesday, however, TABC issued a clarification on the application form that the guidance does not apply to breweries or wineries, for example, whose alcohol sales are 51% of more of its total sales.
"Locations that derive 51% or more of their revenue from alcohol sales such as bars and breweries are still required to suspend in-person service under the executive order. The TMLP program is not intended to provide a way for these businesses to serve on-premise customers in violation of the governor’s order," a spokesperson told KVUE on Thursday.
The clarification upset some breweries, who were vocal on social media.
According to a recent survey conducted by the Texas Craft Brewers Guild, one in three breweries believe they'll have to close for good in less than three months if Gov. Abbott doesn't make any changes to the current executive order or if they do not receive any financial help. Two in three breweries believe they won't last until the end of the year under current conditions.
The guild has started the #SaveTexasBreweries movement to bring attention to their dire situation.
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