TABC allows breweries to reopen under certain circumstances

It's a matter of interpretation — and a little math — as to whether your favorite Texas brewery has reopened.

The Texas Alcoholic Beverage Commission made another move late Thursday that allowed breweries with open air seating, kitchen, restaurant or permanent food truck, to reopen under certain circumstances. 

"It's essentially clarifying the calculation," said Alex Pasternak co-owner of Roughhouse Brewing located between San Marcos and Wimberley. "Given the data, they are requesting starts in April, when we were shut down and only selling to-go beer (which is excluded from the equation). Our on-site alcohol sales looked good. We also have a permanent kitchen so this too, is part of the equation."

The mandate from TABC to beverage producers with taprooms this time was clear.

If you are a manufacturer, distiller, brewer or winery and operate a taproom or tasting room, the 51% threshold under GA-28 applies to those dine-in services in the same manner as it does above for retailers. The calculation does not include alcohol sold to go or to another permit or license holder. It does include all food and alcohol sales for on-premises consumption as well as to-go food sales and other merchandise (e.g., T-shirts, glassware). If alcohol sales are grouped with another non-alcohol charge as a package (tour/tasting fees), businesses should segregate the non-alcohol fees and include those in their calculation.

"Breweries can reopen as long as their on-site alcohol, divided by their total on-site sales, excluding distribution and beer to-go, is less than 51 percent...and they have to have a permanent food facility on-site," Pasternak added. "This allows us to reopen, but it’s still unfair as a whole. The governor’s executive order to shut down bars isn’t based on safety, and that’s what’s upsetting.”

She said her family are thankful to the community for their support.

“We’re so thankful to all of our customers for coming out and supporting us this first weekend back and for speaking up about the inequal treatment of our industry to local and state representatives,” Pasternak added. “We will continue to provide an extremely safe on-site experience for everyone with the goal of being an example that it’s not what you’re selling, it’s how safely you’re selling it.”

TAP TIMELINE

•Mid-March, Gov. Greg Abbott issues executive order closing all restaurants and bars. Many breweries transitioned to curbside pick-up. 

•Late May, breweries could reopen at 25 percent indoor and 100 percent outdoor capacity limits. 

•June 26 COVID-19 began to climb, Gov. Abbott issued GA-28, closing all bars and breweries again. Restaurants could operate at 25 percent indoor capacity and 100 percent outdoor. Breweries could continue with to-go sales, but bars were completely closed.

•July 17, TABC issued new guidance allowing brewers to remove outdoor spaces from their licensed premises so customers could have their beers to-go, but just "nearby." Five days later, the TABC rescinds order.