Texas Dram Shop act imposes a “high temporal and visual bar” to sustain a claim. Absence of evidence of customer’s actual condition and appearance at the time of provisioning could result in dismissal. In a recent unanimous opinion, see Raoger Corporation v. Myers, No. 23-0662 (Tex. April 11, 2025), the Court held that Blood
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Future of Hemp and Cannabis Infused Drinks Looks Bleak if SB 3 is Passed
On March 19, 2025, The Texas State Senate passed Senate Bill 3 (”SB 3”), which bans the sale of food and beverage products containing any detectable amounts tetrahydrocannabinol. The bill is expected to go to the Texas House for consideration the end of legislative session (June 2, 2025). If passed by the House, and signed…
Texas Blue Laws – When You Can Buy Alcohol in Texas
In modern times, the term “Blue Law” is generally associated with a time and day restriction for the sale of alcohol. Every state in the union has such restrictions at the state or local level with the exception of Nevada.
The State of Texas regulates the legal hours beer, wine and liquor can be sold…
The Straight Dope on Cannabis Infused Alcoholic Beverages
Alcoholic beverage formulas containing hemp seed derived food ingredients are eligible for formula approval by Alcohol and Tobacco Tax and Trade Bureau (TTB). Any other ingredient derived from any other part of a hemp and non-hemp cannabis plant will not be approved, e.g. leaves, flowers, stalk, etc., such as (CBD), delta9-tetrahydrocannabinol (Δ9 THC), and delta8-tetrahydrocannabinol …
Texas Lawmakers propose amendments to the Texas Alcoholic Beverage Code
In the Texas 89th Legislative Session, Texas Lawmakers have proposed to amend the Texas Alcoholic Beverage Code by introducing the following bills:
Would allow carrier permit holders to transport beer, give consumer delivery permit holders the ability to deliver beer on behalf of breweries or subordinate brewpub holders, enable brewer’s license holders to…
Adverse Wet or Dry Determinations by County Judge are Not Appealable through Tex. Alco. Bev. Code 11.67
AVO Shopping intended to apply for a package store permit with the Texas Alcoholic Beverage Commission for a premises located within the City Limits of Houston. They submitted a certification packet to the City, requesting determination “whether the location or address given in the request is in a wet area and whether the sale of…
Potential Consequences of Unlawful DTC Shipments to Texas Residents
The following discussion only concerns alcoholic beverage sales consummated over the internet, which are shipped Direct to Consumer (“DTC”) through a common carrier (such as UPS and FedEX). Local delivery of alcohol from a retailer is a separate and distinct concept with a different set of regulations, and outside the scope of the discussion.
DTC…
Petition for Adoption of F.A.S.T. Rules to End Slow Agency Action filed by Griffith & Hughes
Over the years, our clients have repeatedly expressed frustration with the Commission’s delays in getting routine business taken care of. This includes unreasonable delays in processing new applications, unreasonable delays in getting hearing dates set with the State Office of Administrative Hearings on contested matters (such as licensing decisions or code violations), and unreasonable delays…
TABC Proposing Major Changes to Credit Law
The Texas Alcoholic Beverage Commission is proposing major changes to how it punishes Retailers for violations of Credit Law, i.e. delinquent payments, and late payments made outside of statutory credit terms.
A Retailer is prohibited from purchasing liquor on credit outside the terms provided under Tex. Alco. Bev. Code § 102.32(c). Liquor means…
TABC’s Proposed Rule Changes Will Increase Costs For TX Businesses and Push out Small Operators
This upcoming Friday, February 11, 2022, the TABC is hosting a Stakeholder Meeting regarding potentially dramatic changes to its rules relating to the safe harbor defense and how the agency imposes sanctions for TABC violations. The proposed rules, if implemented, will most likely lead to higher liquor liability insurance costs and push out small businesses…