This week the Governor announced he was relaxing more restrictions on a variety of businesses including restaurants. However, he stated that bars must remain closed. So what does this mean for Texas breweries?
If the business is a brewpub that was already operating as a restaurant (with the blue sign), not much changed except their ability to open indoor spaces to 75% capacity. A few weeks ago, TABC announced a path for all other breweries (with the red sign) to reopen by providing food sales onsite and removing the requirement for commercial-grade cooking equipment. What wasn’t apparent at the onset of the new guidance, but later was clarified is that breweries are allowed to partner with food trucks and other food providers that are not owned by the brewery itself.
Depending on the brewery’s license as production or retailer, the three paths are:
- 1A. Submit an Alcohol Sales Reporting Affidavit – Producer Version for breweries, wineries, distilleries (forward-looking calculation)
- 1B. Submit an Alcohol Sales Reporting Affidavit – Retailer Version for brewpubs and bars (backward-looking calculation from April 1)
- 2. Apply for a Food & Beverage Certificate (for retailers who don’t qualify based on sales from April 1-present)
Naturally, all paperwork filed comes with a fee and a waiting period for approval before the brewery can open per the guidance, “Your 51% status will not change until TABC has notified you directly that you may begin operating under a new status. Until then, you must follow the requirements under GA-28 for your current TABC 51% status.”