2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.155. Pickup and Delivery of Alcoholic Beverages for Off-Premises Consumption

Sec. 32.155.  PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.  (a)  In this section:
(1)  "Passenger area of a motor vehicle" has the meaning assigned by Section 49.031, Penal Code.
(2)  "Tamper-proof container" has the meaning assigned by Section 28.1001.
(b)  Notwithstanding any other provision of this code, the holder of a private club registration permit may deliver, or have delivered by a third party, including an independent contractor acting under Chapter 57, as added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular Session, 2019, an alcoholic beverage from the permitted premises to an ultimate consumer located off-premises and in the county in which the private club is located if:
(1)  the holder of the private club registration permit holds a food and beverage certificate for the permitted premises;
(2)  the delivery of the alcoholic beverage is made as part of the delivery of food prepared at the permitted premises;
(3)  the ultimate consumer is a member of the club;
(4)  the alcoholic beverage is:
(A)  a malt beverage or wine delivered in:
(i)  an original container sealed by the manufacturer; or
(ii)  a tamper-proof container that is sealed by the permit holder and clearly labeled with the name of the private club registration permit holder and the words "alcoholic beverage"; or
(B)  an alcoholic beverage other than a malt beverage or wine that:
(i)  is delivered in an original, single-serving container sealed by the manufacturer and not larger than 375 milliliters; or
(ii)  the permit holder mixes with other beverages or garnishes and stores in a tamper-proof container that is clearly labeled with the name of the private club registration permit holder and the words "alcoholic beverage"; and
(5)  the delivery is not made to another premises that is permitted or licensed under this code.
(c)  Notwithstanding any other provision of this code, the holder of a private club registration permit may allow an ultimate consumer to pick up an alcoholic beverage described by Subsection (b)(4) and remove the beverage from the permitted premises if:
(1)  the holder of the private club registration permit holds a food and beverage certificate for the permitted premises;
(2)  the pickup of the alcoholic beverage is made as part of the pickup of food prepared at the permitted premises; and
(3)  the ultimate consumer is a member of the club.
(d)  An alcoholic beverage picked up or delivered under this section may be provided only to a person who is 21 years of age or older after the person picking up the alcoholic beverage or accepting the delivery presents valid proof of identity and age and:
(1)  the person picking up the alcoholic beverage or accepting the delivery personally signs a receipt, which may be electronic, acknowledging the pickup or delivery; or
(2)  the person providing the beverage for pickup or making the delivery acknowledges the completion of the pickup or delivery through a software application.
(e)  A person who picks up or delivers an alcoholic beverage described by Subsection (b)(4)(A)(ii) or (b)(4)(B)(ii) may not transport the alcoholic beverage in the passenger area of a motor vehicle.
Added by Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 5, eff. May 12, 2021.