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Licensing BYOB establishments


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At the PIP--positive interaction police program Wednesday-- I heard Lt Mark Decauters of TABC speak-- one thing that peaked my interest was his story that the current legislature is considering having all BYOB establishments become licensed by the TABC.

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At the PIP--positive interaction police program Wednesday-- I heard Lt Mark Decauters of TABC speak-- one thing that peaked my interest was his story that the current legislature is considering having all BYOB establishments become licensed by the TABC.

Although I've lived in Texas for 30 years, I'm still unclear on the concept of BYOB establishments.

I've heard that selling liquor by the drink (aside from private clubs) was illegal in Texas until 1973. But, the niceties of corkage fees and set-ups are still a mystery to me. When and where is it proper (or legal) to bring one's own bottle?

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Although I've lived in Texas for 30 years, I'm still unclear on the concept of BYOB establishments.

I've heard that selling liquor by the drink (aside from private clubs) was illegal in Texas until 1973. But, the niceties of corkage fees and set-ups are still a mystery to me. When and where is it proper (or legal) to bring one's own bottle?

Our PIP speaker didn't go into details about that but did seem to indicate the legislature was not pleased that a growing section of liquor on premises businesses weren't being tapped in this budget crisis time--

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It is legal to BYOB in any establishment that does not possess an alcoholic beverage permit. More establishments are foregoing the several thousand dollar alcoholic beverage permit to sell acohol in exchange for charging extra for cokes and popping corks for patrons that have bought their liquor and paid their tax elsewhere. The legislature simply wants their cut of coca-cola fees. If this passes, establishments would likely have to get a permit to allow patrons to bring their OWN liquor in.

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It is legal to BYOB in any establishment that does not possess an alcoholic beverage permit. More establishments are foregoing the several thousand dollar alcoholic beverage permit to sell acohol in exchange for charging extra for cokes and popping corks for patrons that have bought their liquor and paid their tax elsewhere. The legislature simply wants their cut of coca-cola fees. If this passes, establishments would likely have to get a permit to allow patrons to bring their OWN liquor in.

So, I can bring a bottle of Captain Morgan's to Burger King and mix a rum -n- Cokes for my date?

(hypothetically - I seldom have dates.)

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LOL TABC rules are fun to try and figure out at times. I remember years ago that there was a building in Gruene that had 2 business in it. The one to the left as you came in the front door sold vine made by a local vineyard and the one on the right was a restaurant that was BYOB. The idea was that you could buy wine to have with your dinner but to be allowed to take the newly purchased wine into the restaurant you first had to go back out the front door and into the parking lot before returning into the building and on into the restaurant to enjoy your meal with the wine.

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  • 4 weeks later...

So, I can bring a bottle of Captain Morgan's to Burger King and mix a rum -n- Cokes for my date?

(hypothetically - I seldom have dates.)

this is actually a very good question.....I would imagine if you were to look at the laws the answer would be yes......I would also imagine that even if the restaurant allowed you to stay that the TABC specifically would find a way to have an issue with it

because you specifically mentioned hard liquor I am sure that is where they would start......but in reality there is nothing different that I know of between bringing a bottle into a BYOB "gentlemen's club" or other bar....or a restaurant.....or bringing a bottle of wine or beer into any one of the same

I would think

1. that type of restaurant would probably have an issue if they saw it and had management that cared

2. if TABC saw you they would automatically claim you were drunk in public (they have done worse) or they would just make something up

technically if the restaurant was OK with it I think you would be legal....except TABC does not really work with a defined since of legal and illegal......they work better with charge you right off the bat on the fly

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While TABC has rightfully earned the crappy reputation that you ascribe to them, it is unlikely that they would get too upset with an establishment following the rules that TABC describes on their very own website. As for Burger King, any establishment may prohibit the consumption or bringing of alcoholic beverages into their facility. If they don't mind, neither will TABC. A beer and wine permitted bar can even allow hard liquor to be brought in without TABC getting upset.

Note that there may be city ordinances requiring permits for BYOB establishments. Austin has a particularly onerous one that appears to have more requirements than a simple alcoholic beverage permit.

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So, I can bring a bottle of Captain Morgan's to Burger King and mix a rum -n- Cokes for my date?

(hypothetically - I seldom have dates.)

No, because most restaurants have no outside food or drink policies. But it's legal to do so, I think.

BYOB restaurants are awesome. I love to take a very nice bottle (from Spec's at a nice price) to a place like Latin Bites.

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