TABC LICENSING INFORMATION

On June 27, 2020, Governor Greg Abbott issued Executive

Order No. GA-28 which required all bars and similar establishments that receive 51% of their gross receipts from the sale of alcohol to close.

Executive Order GA-28

On August 25, 2020, the Texas Alcohol Beverage Commission (TABC)

amended Rule 33.5 in response to GA-28 to allow retailers who sell alcoholic beverages for on-premises consumptions to more easily qualify for a food and beverage certificate.

Businesses that receive 51% of their gross receipts from the sale of alcoholic beverages may now apply to qualify as a restaurant under GA-28 in order to provide dine-in services.

TABC Rule 33.5 Amendment

There are two ways to apply and establish that a business’s sale of alcoholic beverages makes up less than 51% of the total sales at the licensed location:

1. Apply by submitting an Alcohol Sales Reporting Affidavit 2. Apply for a Food and Beverage Certificate

How To Apply To Qualify As A Restaurant Under GA-28

In order to be eligible you must have:

1. Food Service Facilities at the licensed location Food Service Facilities – A designated permanent area of the premises where food is

stored or prepared for consumption at the licensed location. Example: This can be a kitchen, food truck, or other facility where pre-packaged items that

were purchased off of the licensed location were prepared

2. Offer at least two (2) entrees that customers may order3. Offer food sales for the entire time that alcohol is served

**You must show proof that you meet these requirements during the application process. TABC may contact you to provide photos of the food preparation facility and a copy of the menu. If you are using a third party (i.e. a food truck or catering service) you must provide a copy of the vendor contract**

Alcohol Sales Reporting Affidavit

You must fill out the Alcohol Reporting Sales Affidavit which can be found at:

https://www.tabc.texas.gov/static/833371b4558b245ad9a858d67e01fa92/affidavit-reporting-retailer-alcohol-sales.pdf

Must provide gross receipts for the past four (4) months which prove gross receipts of alcoholic beverages sales are less than 51%. Businesses which have remained open and selling curbside/take-out may apply using

this option Typically takes about one week after submitting to be approved Must be submitted to audit@tabc.texas.gov 51% status will not change until TABC notifies business directly that they may begin

operating under a new status Business will be audited by TABC to ensure that they are complying with the

requirements of Open Texas Checklist and that their sales of alcohol are below 50%

Alcohol Reporting Sales Affidavit

If contracting with a food truck as a Food Service Facility the food truck must be on

the business. The food truck must be on the business parking lot and may not be on the street.

The food truck must be available at all times during the business’s operating hours. ***You must comply with the requirement that food be available at all times alcohol is

served***

Alcohol Reporting Sales Affidavit

In order to apply for a Food and Beverage Certificate:1. You must be a non Food and Beverage Certificate holder who has food

service facilities at your location Food Service Facilities – A designated permanent area of the premises where food

is stored or prepared for consumption at the licensed location. Ex. Can be a kitchen, food truck, or other facility where pre-packaged items that

were purchased off of the licensed location were prepared2. Must offer at least two entrees3. Must offer food sales the entire time that alcohol is served4. Must meet the requirements set out in TABC Rule 33.55. Must pay required fees

Applying for a Food and Beverage Certificate

You must fill out the Food and Beverage Certificate application form which can be found

at: https://www.tabc.texas.gov/static/f4f58f90da09bd796c0346440492d4d0/packet-location-reporting-retailers.pdf

Typically takes about two weeks after submitting to be approved. Submit completed application to licensing@tabc.texas.gov and mail appropriate fees to

TABC: Licensing Division, 5806 Mesa Drive, Austin, TX State Fee: $200 Surcharge: $776 for 2 years If you apply for this it would be a subordinate permit to the one you currently hold and would

expire on the date of the current permit. Ex. Current permit expires in December 2020, the new Food and Beverage Certificate Permit would

expire on this date as well. If you receive a Food and Beverage Certificate, you are still limited to less than 51% on

premise alcohol sales in order to qualify as a restaurant.

Applying for a Food and Beverage Certificate

If you have an active food and beverage certificate and want to change

your business model to sell less than 51% on-premise alcohol salesgoing forward then you must complete the “Alcohol Sales Affidavit forHolders of A Current Active Good and Beverage Certificate. The affidavit can be found at:

https://www.tabc.texas.gov/static/39903d9e89e71b4bd8a24272b848bb2e/alcohol-sales-affidavit-holders-food-beverafe-certificate.pdf Must email to licensing@tabc.texas.gov

You must ensure that sales of alcohol are still under 50% in order tocontinue to qualify as a restaurant.

Current Food And Beverage Certificate Holder Applying To Qualify As A Restaurant

After receiving notice from TABC that you qualify as a restaurant under

GA-28 the TABC Red Sign will change into a TABC Blue Sign, alertingenforcement officers that the business is operating as a restaurant.

Qualifying as a Restaurant

After qualifying as a restaurant you must still comply with all social

distancing requirements, 50% capacity requirements, and any otherhealth and safety protocols that are required by local, state and federallaws as well as Executive Order GA-28 and the City of Laredo’s COVID-19 Emergency Orders, as may be amended. Businesses must still obtain required permits from the City of Laredo

Health Department Food Handlers Permit for every employee must be current Food Truck’s must have a Food Truck Permit City Food License must be current

Qualifying as a Restaurant

Qualifying as a restaurant under GA-28 does not allow bars or similar

businesses which were closed under GA-28 to circumvent the requirements of GA-28.

Once this business qualifies as a restaurant they must follow the Minimum Standard Health Protocols found in the Governor’s Open Texas Checklist for Restaurants.

The Open Texas Checklist for Restaurants can be found at: https://open.texas.gov/uploads/files/organization/opentexas/OpenTexa

s-Checklist-Restaurants.pdf

Governor’s Open Texas Checklist Restaurants

Businesses Best Practices for Dine-In Services1. The number of patrons inside the location should not exceed the 50% percentage of the occupancy limit allowed

under Gov. Abbott’s Executive Order GA-28 or any subsequent orders. 2. A sanitation station is available for people entering the restaurant. 3. Hand sanitizer, disinfectant wipes or other sanitation materials are available at multiple locations throughout the

premises. 4. All employees wear face coverings when 6-foot social distancing is not possible. 5. Seated groups do not exceed 10 people. 6. Groups are kept at least 6 feet apart. Groups may be closer only if a partition is used as outlined in the current health

protocols (e.g., using a partition at least 6 feet above ground level between booths). 7. Employees address patrons who are not following social distancing standards or wearing face coverings. 8. Employees discourage patrons from walking freely throughout the location, loitering in areas other than their seat,

and being less than 6 feet from others not in their immediate group. 9. Patrons practice social distancing between groups and wear face coverings when they wait to be seated or get up

temporarily. 10.Employees clean and disinfect surface areas used for dining after each group of patrons leaves, including any

common areas and items they used (e.g., gaming equipment).

For more information about qualifying as a restaurant please contact TABC:

TABC Headquarters - 512-206-3333 TABC Laredo Office – 956-722-0404 TABC McAllen Office – 956-687-5141

For more information about compliance with the Governor’s Executive Orders and the City of Laredo’s Emergency Ordinance please contact:

• Valeria E. Reyes, Assistant City Attorney – 956-791-7319