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A person must be at least 15-17 years of age to publicly drink an alcoholic beverage in Texas, with some exceptions. [1]
Texas is one of ten states (California, Colorado, Maryland, Montana, New York, Texas, West Virginia, Washington, Wisconsin, and Wyoming) that allow consumption by minors in the presence of consenting and supervising family members. In the state of Texas, parents accept responsibility for the safety of minors under 15 when the minor is on their property or property leased by them and under their care, custody, and control; an adult may provide alcohol to a minor if they are the minor's adult parent, guardian, or spouse, and are visibly present when the minor possesses or consumes the alcoholic beverage. [2] It is against the law to make alcohol available to a non-family person younger than 17, even on one's own property and even with permission from a parent of that person. [2]
Texas holds parents/adults civilly liable for damages caused by the intoxication of a minor younger than 17 if they knowingly provided alcohol or allowed alcohol to be served on property owned or leased by them if the minor:
An operator of a motor vehicle is considered automatically under the influence of alcohol if a chemical screening shows a blood-alcohol content (BAC) of 0.08 percent or greater. If under the age of 17, a driver in Texas testing positive for any BAC may be subject to DUI charges.
Voter approval is required (at the appropriate county-wide, precinct-wide, or city-wide region) to approve such sales. Separate votes are required for 1) "on-premise" (sales at a restaurant or bar for consumption at that location) beer and wine sales, 2) "off-premise" (sales for consumption elsewhere, such as at home) beer and wine sales, 3) on-premise liquor sales, and 4) off-premise liquor sales.
Only four Texas counties are completely "dry" counties, where sales of alcoholic beverages are not legal anywhere in the county: [3]
Many counties are completely "wet" counties, where all alcoholic beverage sales are legal everywhere in the county: [3]
The 195 other Texas counties are "moist" counties, which are a combination of wet and dry areas. [3]
Beer and wine can be sold from 7:00 AM until midnight Monday through Friday, from 7:00 AM until 1:00 AM on Saturday, and from 10 AM until midnight on Sunday. Licensed restaurants, bars, and other establishments additionally can serve for consumption on-premises starting at 10:00 AM on Sunday if served with food, and until 2:00 AM every night if the establishment has a late-hours permit in cities or counties that allow such sales. [4]
Alcohol sales are more stringently regulated. They are prohibited 1) on Sundays, 2) on Thanksgiving Day, Christmas Day and New Year's Day (and when Christmas and New Year's Days are on a Sunday, the prohibition is carried over to the following Monday), and 3) before 10AM and after 9PM on any other day. [5] Furthermore, Alcohol/ liquor can only be sold in "package stores", which must be closed (even for sales of otherwise allowable products) whenever liquor sales are prohibited, [6] and which further must be physically separated from any other business. [7] Moreover, no owner can own more than 250 package stores, [8] and no publicly traded company can own such a store. [9]
Hotel bars can serve alcohol to registered guests at all hours.
People must be at least 21 years of age to legally consume alcoholic beverages in Texas with certain exceptions, as in all other states. However, employment at a company serving alcoholic beverages can be entered into at age 18 provided they get certified by the Texas Alcoholic Beverage Commission. [10]
No specific training is required to serve alcohol; however, the Texas Alcoholic Beverage Code states that the actions (such as serving alcohol to a clearly intoxicated patron) of an employee will not be imputed to the employer if 1) the employer requires the employee to complete training approved by the Texas Alcoholic Beverage Commission, 2) the employee actually completes the training, and 3) the employer has not directly encouraged the employee to violate the law. [11]
All previously opened containers of alcoholic beverages must be stored and transported in a vehicle's trunk (or behind the last row of seats if a vehicle does not have a partitioned trunk) or other storage to which the driver and or any passengers do not have access.
An operator of a motor vehicle is considered under the influence of alcohol if a chemical screening test shows a blood-alcohol-alcohol content (BAC) of 0.08 percent or higher. No other evidence (such as Field Sobriety tests) need be presented to the court to obtain a DUI (driving under the influence) conviction. A driver testing 0.15 percent or higher above the legal limit of 0.08 percent faces more severe penalties for enhanced BAC. When under the age of 21, a driver in Texas must not test positive for any BAC and may be charged with DUI even if the amount tested is under 0.08 percent.
Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).
A dram shop is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid.
An open-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this context refers to openly public places such as sidewalks, parks and vehicles. It does not include nominally private spaces which are open to the public, such as bars, restaurants and stadiums.
Alcoholic beverage control states, generally called control states, less often ABC states, are 17 states in the United States that have state monopoly over the wholesaling or retailing of some or all categories of alcoholic beverages, such as beer, wine, and distilled spirits.
The Texas Alcoholic Beverage Commission, or TABC, is a Texas public agency responsible for regulating, inspecting, and taxing the production, sale, and use of alcoholic beverages within the state. The agency was established in 1935 and is headquartered in Austin.
Oklahoma allows any establishment with a beer and wine license to sell beer and wine up to 15% ABV, under refrigeration.
The alcohol laws of Missouri are among the most permissive in the United States. Missouri is known throughout the Midwest for its largely laissez-faire approach to alcohol regulation, in sharp contrast to the very strict alcohol laws of some of its neighbors, like Kansas and Oklahoma.
The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri, and similar to its other neighboring state of Oklahoma. Legislation is enforced by the Kansas Division of Alcoholic Beverage Control.
Alcohol laws of New York are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more.
The alcohol laws of Pennsylvania contain many peculiarities not found in other states, and are considered some of the strictest regulations in the United States.
Alcohol laws of Maryland vary considerably by county, due to the wide latitude of home rule granted to Maryland counties.
The alcohol laws of Utah regulate the selling and purchasing of alcohol in the U.S. state of Utah and are some of the most restrictive in the United States. A person must be 21 years old or older to buy or consume alcohol. The Utah Department of Alcoholic Beverage Services (UDABS) has regulated the sale of alcoholic beverages since 1935, two years after the end of Prohibition. Utah is one of seventeen control states, meaning the state has a monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages.
The state laws governing alcoholic beverages in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.
Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.
Blue laws, also known as Sunday laws, are laws that restrict or ban some or all activities on specified days, particularly to promote the observance of a day of rest. Such laws may restrict shopping or ban sale of certain items on specific days. Blue laws are enforced in parts of the United States and Canada as well as some European countries, particularly in Austria, Germany, Switzerland, and Norway, keeping most stores closed on Sundays.
The U.S. state of New Jersey is home to the most complex alcohol laws in the United States. They provide 29 liquor licenses to wholesalers, manufacturers, retailers and the general public.
The alcohol laws of Maine regulate the sale and possession of alcohol in the state of Maine in the United States. Maine is an alcoholic beverage control state.
Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.