Which Alcohol Permits Apply to Convenience Stores and Gas Stations Selling Beer and Wine?

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A convenience store or gas station that sells beer and wine to go needs one of two Texas off-premise retail authorizations. The Wine and Malt Beverage Retailer’s Off-Premise Permit (BQ) covers beer and wine of up to 17 percent alcohol; the Retail Dealer’s Off-Premise License (BF) covers beer only. Both allow sales in sealed containers for customers to drink elsewhere, not on or near the store. Liquor is not available at either; selling spirits to go requires a package store permit.

The two authorizations

Wine and Malt Beverage Retailer's Off-Premise Permit (BQ) Retail Dealer's Off-Premise License (BF)
Chapter of the Code 26 71
What may be sold wine and malt beverages over 0.5 and up to 17 percent alcohol malt beverages
How for off-premises consumption only, in unbroken original containers, not for resale in lawful containers, not for resale, not to be opened or consumed on or near the premises
Samples free samplings on the premises during business hours, under Section 26.08 not provided for in Section 71.01

Under Section 26.01, the BQ holder “may sell for off-premises consumption only, in unbroken original containers, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.” Under Section 71.01, the BF holder may sell malt beverages “not to be opened or consumed on or near the premises where sold.”

A store that wants to sell wine as well as beer needs the BQ; the BF covers beer alone.

Tastings at a BQ store

Section 26.08 lets a BQ store hold free sampling events, where its employees may open and pour wine or beer and answer questions. The product used must be bought from or provided by the store itself, not supplied by a wholesaler or distributor, and the amount bought may not exceed what is used. The statute also states that a sampling event does not turn the BQ into an on-premise permit, and none of the store’s income counts as income from on-premise alcohol sales.

What the store may not do

  • No drinking on the premises. Neither authorization allows customers to open or drink their purchases at the store or, for a BF, near it. Both BQ and BF holders must post TABC’s consumption-prohibited sign.
  • No spirits. Neither authorization includes liquor. A store that wants to sell spirits to go needs a package store permit, which comes with its own ownership rules and cannot be combined with most other retail permits.
  • No products over 17 percent under the BQ. Stronger wines are outside the BQ’s authority.
  • No hemp consumption either. TABC’s rules bar BQ and BF holders from allowing consumable hemp products to be consumed on the premises.

Other requirements that apply

  • Local option status. The location must be in an area where the beer and wine the store will sell are legal for off-premise sale. Some older approvals cap beer at 5 percent or wine at 14 percent, and TABC notes those limits on the license or permit itself.
  • Distance rules. A city or county may adopt distance rules that apply to off-premise retailers. The 1,000-foot school rules exempt off-premise retailers whose alcohol sales are less than half of gross receipts, not counting motor fuel sales; the 300-foot rules carry no such exemption.
  • Signs and training. Required signs include the license or permit, TABC’s complaint sign, the consumption-prohibited sign, and the human trafficking notice. Seller training for cashiers supports the safe harbor for sales to minors.
  • The annual compliance report. BQ and BF holders are among those who must file TABC’s annual self-inspection report.

This article is general information about Texas alcoholic beverage law, not legal advice, and reading it does not create an attorney-client relationship. Statutes and TABC rules change; confirm current requirements with the Texas Alcoholic Beverage Commission, the relevant city or county, or a licensed Texas attorney before acting.

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