This section lets a mixed beverage permit holder deliver or allow pickup of certain alcoholic beverages only if specific certificate, container, age, ID, and packaging rules are met.
Sec. 28.1001. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. (a) In this section: (1) "Passenger area of a motor vehicle" has the meaning assigned by Section 49.031, Penal Code. (2) "Tamper-proof container" means a container that, once sealed, clearly shows whether it has been opened. The term includes a closed cup or similar container that is: (A) placed into a bag that has been sealed with a zip tie or staple; (B) sealed with shrink wrap or a similar seal; or (C) sealed by other methods approved by rule of the commission. (a-1) Notwithstanding any other provision of this code, the holder of a mixed beverage permit may deliver, or have delivered by a third party, including an independent contractor acting under Chapter 57, as added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular Session, 2019, an alcoholic beverage from the permitted premises to an ultimate consumer located off-premises and in an area where the sale of the beverage is legal if: (1) the holder of the mixed beverage permit holds a food and beverage certificate for the permitted premises; (2) the delivery of the alcoholic beverage is made as part of the delivery of food prepared at the permitted premises; (3) the alcoholic beverage is: (A) a malt beverage or wine delivered in: (i) an original container sealed by the manufacturer; or (ii) a tamper-proof container that is sealed by the permit holder and clearly labeled with the permit holder's business name and the words "alcoholic beverage"; or (B) an alcoholic beverage other than a malt beverage or wine that: (i) is delivered in an original, single-serving container sealed by the manufacturer and not larger than 375 milliliters; or (ii) the permit holder mixes with other beverages or garnishes and stores in a tamper-proof container that is clearly labeled with the permit holder's business name and the words "alcoholic beverage"; and (4) the delivery is not made to another premises that is permitted or licensed under this code. (a-2) Notwithstanding any other provision of this code, the holder of a mixed beverage permit may allow an ultimate consumer to pick up an alcoholic beverage described by Subsection (a-1)(3) and remove the beverage from the permitted premises if: (1) the holder of the mixed beverage permit holds a food and beverage certificate for the permitted premises; and (2) the pickup of the alcoholic beverage is made as part of the pickup of food prepared at the permitted premises. (b) An alcoholic beverage may be delivered under this section only by a person who is 21 years of age or older. (c) An alcoholic beverage picked up or delivered under this section may be provided only to a person who is 21 years of age or older after the person picking up the alcoholic beverage or accepting the delivery presents valid proof of identity and age and: (1) the person picking up the alcoholic beverage or accepting the delivery personally signs a receipt, which may be electronic, acknowledging the pickup or delivery; or (2) the person providing the beverage for pickup or making the delivery acknowledges the completion of the pickup or delivery through a software application. (d) This section does not authorize the holder of a brewpub license who also holds a wine and malt beverage retailer's permit to deliver alcoholic beverages directly to ultimate consumers for off-premise consumption at a location other than the licensed premises. (e) A person who picks up or delivers an alcoholic beverage described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not transport the alcoholic beverage in the passenger area of a motor vehicle. Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 2, eff. September 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 1, eff. May 12, 2021. Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 2, eff. May 12, 2021.