Bexar County, Texas, has a complex set of alcohol and drinking laws that govern the sale and consumption of alcoholic beverages. These regulations blend state-level mandates with local ordinances, creating a unique legal landscape for residents and businesses alike.
In unincorporated areas of Bexar County, packaged liquor sales are prohibited on Sundays, while packaged beer and wine can be sold from noon to midnight. On other days, liquor stores operate between 10:00 a.m. and 9:00 p.m., Monday through Saturday. Beer and wine retailers have extended hours, selling from 7:00 a.m. to midnight on weekdays and until 1:00 a.m. on Saturdays.
The Texas Alcoholic Beverage Commission (TABC) oversees the issuance of alcohol permits and licenses in Bexar County. Local businesses serving or selling alcohol must navigate both TABC requirements and county-specific regulations, including obtaining appropriate permits and paying fees to the Bexar County Tax Assessor’s Office.
History of Alcohol Laws in Bexar County
Bexar County’s alcohol laws have evolved significantly over the years. In the early 20th century, Texas saw a rise in prohibition sentiment. By 1908, the state had 152 dry counties and 66 partially dry counties.
Bexar County remained one of the 25 “wet” counties during this period. This meant alcohol sales were still permitted within its borders, unlike many other parts of Texas.
After the repeal of national Prohibition in 1933, Texas implemented local option laws. These allowed individual counties and municipalities to determine their own alcohol regulations through elections.
Bexar County has held multiple local option elections over the decades. These votes have shaped the county’s alcohol policies, determining where and when alcohol can be sold.
The Texas Alcoholic Beverage Code, enacted in 1977, provides the framework for current alcohol laws. It sets statewide regulations while allowing for local variations through local option elections.
Today, Bexar County’s alcohol laws differ between incorporated and unincorporated areas. For example, packaged liquor sales are prohibited on Sundays in unincorporated parts of the county.
Voting has continued to impact alcohol laws in recent years. Some areas have expanded alcohol sales, while others maintain stricter regulations, reflecting the ongoing evolution of Bexar County’s alcohol policies.
Legal Framework Governing Alcohol Sales
The Texas Alcoholic Beverage Code forms the backbone of alcohol regulations in Bexar County. This comprehensive set of laws outlines the rules for manufacturing, distributing, and selling alcoholic beverages across the state.
Local option elections play a crucial role in shaping alcohol policies within Bexar County. These elections allow residents to vote on specific alcohol-related issues, determining the types of sales permitted in their area.
Bexar County’s alcohol laws vary between incorporated and unincorporated areas. In unincorporated parts, stricter regulations often apply, such as the prohibition of packaged liquor sales on Sundays.
Key aspects of the legal framework include:
- Operating hours for alcohol sales
- Age restrictions for purchasing and consuming alcohol
- Licensing requirements for businesses
- Regulations on public consumption
The Texas Alcoholic Beverage Commission (TABC) enforces these laws and issues licenses to qualified businesses. Local law enforcement agencies also play a role in ensuring compliance with alcohol regulations.
Penalties for violating alcohol laws can range from fines to license suspensions or revocations. Both businesses and individuals may face consequences for non-compliance.
Types of Alcoholic Beverages
Bexar County regulates the sale and service of various alcoholic beverages. These include packaged liquor, packaged beer, and mixed beverages. Each category has specific rules governing its sale and consumption.
Packaged Liquor
Packaged liquor refers to distilled spirits sold in sealed containers for off-premise consumption. In Bexar County, the sale of packaged liquor is prohibited on Sundays in unincorporated areas.
Stores can sell packaged liquor from Monday through Saturday between 10:00 a.m. and 9:00 p.m. This time restriction applies to both incorporated and unincorporated areas of the county.
Local option elections may impact the availability of packaged liquor in certain areas. Some precincts or municipalities within Bexar County may choose to remain “dry” for packaged liquor sales.
Packaged Beer
Packaged beer includes malt beverages sold in sealed containers for off-premise consumption. Unlike packaged liquor, beer can be sold seven days a week in Bexar County.
On Mondays through Saturdays, packaged beer sales are permitted from 7:00 a.m. until midnight. On Sundays, sales are allowed from noon until midnight.
Grocery stores, convenience stores, and other retailers with appropriate licenses can sell packaged beer. The availability may vary depending on local option election results in specific areas of the county.
Mixed Beverages
Mixed beverages are alcoholic drinks prepared and served for on-premise consumption in bars and restaurants. In Bexar County, establishments with mixed beverage permits can serve alcohol daily.
Service hours for mixed beverages are:
- Monday through Friday: 7:00 a.m. to midnight
- Saturday: 7:00 a.m. to 1:00 a.m. (Sunday morning)
- Sunday: Noon to midnight (10:00 a.m. with food service)
Businesses must obtain a mixed beverage permit from the Texas Alcoholic Beverage Commission. They must also comply with local zoning laws and ordinances.
Alcohol Sales in Specific Venues
Bexar County’s alcohol sales regulations vary across different types of establishments. The rules dictate permissible hours, days, and types of alcoholic beverages that can be sold.
Bars and Restaurants
Bars and restaurants in Bexar County can serve alcohol from 7 a.m. to midnight Monday through Friday. On Saturdays, service extends until 1 a.m. Sunday morning. Sunday sales are allowed from noon to midnight.
Some establishments may obtain late-hour permits to serve until 2 a.m. daily. These venues must stop alcohol sales at 2 a.m. and ensure all drinks are removed by 2:15 a.m.
Restaurants can serve beer and wine with food starting at 10 a.m. on Sundays. Mixed beverages may be sold after noon on Sundays.
Liquor Stores
Liquor stores in Bexar County operate under strict time constraints. They can sell packaged liquor from 10 a.m. to 9 p.m., Monday through Saturday.
Sunday sales of hard liquor are prohibited in liquor stores. This restriction applies to both incorporated and unincorporated areas of the county.
Liquor stores must remain closed on Thanksgiving Day, Christmas Day, and New Year’s Day. If Christmas or New Year’s Day falls on a Sunday, stores must also close the following Monday.
Gas Stations and Supermarkets
Gas stations and supermarkets in Bexar County can sell beer and wine, but not hard liquor. Their sales hours are more extensive than liquor stores.
These venues can sell beer and wine from 7 a.m. to midnight, Monday through Friday. On Saturdays, sales can continue until 1 a.m. Sunday morning.
Sunday sales are permitted from noon to midnight. Unlike liquor stores, gas stations and supermarkets can sell beer and wine on Sundays, offering more flexibility to consumers.
Alcohol Permitting and Fees
Obtaining an alcohol permit in Bexar County, Texas involves specific requirements and fees. The county works in conjunction with the Texas Alcoholic Beverage Commission (TABC) to regulate alcohol sales and service.
Obtaining a Mixed Beverage Permit
To sell mixed beverages in Bexar County, businesses must acquire a Mixed Beverage Permit. This permit allows for the sale of distilled spirits, wine, and beer for on-premise consumption.
The application process involves submitting paperwork to both the TABC and Bexar County. Applicants must meet zoning requirements and pass background checks.
Once approved, permit holders receive a notice from the Bexar County Tax Assessor’s Office to pay the required fee. This fee equals half of the state fee, as per Texas Alcoholic Beverage Code sections 11.38 and 61.36.
Schedule of Permit Fees
Bexar County’s permit fees vary based on the type of alcohol license and renewal period. For Mixed Beverage Permits, fees become due starting with the third renewal year.
Fees for the first three renewals are as follows:
- 1st Renewal: $1,125
- 2nd Renewal: $1,500
- 3rd Renewal: Fee amount set by TABC
Other permit types have different fee structures. The TABC provides a comprehensive fee chart for various alcohol permits and licenses.
Permits expire two years after the issue date. The TABC sends courtesy notifications to license holders before expiration.
Regulations on Hours of Alcohol Sales
Bexar County enforces specific timeframes for alcohol sales, varying between liquor stores, bars, and restaurants. These regulations aim to balance public safety with consumer access.
Weekday and Weekend Regulations
Liquor stores in Bexar County operate under strict time constraints. They can sell packaged liquor from 10:00 a.m. to 9:00 p.m., Monday through Saturday. These establishments must remain closed on Sundays.
Bars and restaurants face different rules. They can serve alcohol from 7:00 a.m. to midnight, Monday through Friday. On Saturdays, the hours extend slightly, allowing sales from 7:00 a.m. to 1:00 a.m. Sunday morning.
For packaged beer and wine sales, the hours are 7:00 a.m. to midnight on weekdays. Saturday sales follow the same start time but can continue until 1:00 a.m. Sunday morning.
Sunday Brunch Exceptions
Sunday alcohol sales have specific regulations in Bexar County. Packaged beer and wine sales are permitted from noon to midnight. This applies to grocery stores, convenience stores, and other retailers with the appropriate licenses.
Restaurants can serve alcohol starting at 10:00 a.m. on Sundays, specifically for on-premise consumption with food service. This exception caters to the popular Sunday brunch crowd.
Bars without food service must wait until noon to begin alcohol sales on Sundays. These establishments can then continue serving until midnight.
Sports venues in Bexar County may have extended hours for alcohol sales on Sundays, potentially starting as early as 10:00 a.m. This exception applies only to licensed premises within sports facilities.
Legal Drinking Age and Enforcement
Texas strictly regulates the legal drinking age and imposes penalties for violations. The state aims to prevent underage drinking while allowing some exceptions under specific circumstances.
Determining Legal Drinking Age
In Texas, the legal drinking age is 21. This applies to purchasing, possessing, and consuming alcoholic beverages in public. However, there are some exceptions. Minors aged 18-20 may consume alcohol in the presence of a consenting parent, guardian, or spouse. Additionally, individuals under 21 can handle alcoholic beverages as part of their employment in certain establishments, provided they don’t consume the alcohol.
Penalties for Violations
Underage drinking violations carry serious consequences in Texas. For minors caught driving with any detectable amount of alcohol in their system, penalties include:
- Class C misdemeanor charge
- Fines up to $500
- Mandatory alcohol awareness class attendance
- Possible driver’s license suspension
Businesses caught selling alcohol to minors face:
- Fines
- License suspension or revocation
- Criminal charges for employees involved
Law enforcement conducts regular compliance checks and sting operations to enforce these laws. Repeat offenders may face escalating penalties, including jail time for adults who provide alcohol to minors.
Local Ordinances within Bexar County
Bexar County’s municipalities have varying alcohol regulations that supplement state laws. These local ordinances affect purchase times, public consumption, and business licensing across different cities and towns.
San Antonio Alcohol Regulations
San Antonio allows alcohol sales in most areas, with specific time restrictions. Packaged beer and wine can be sold from 7 a.m. to midnight Monday through Friday, 7 a.m. to 1 a.m. on Saturday, and noon to midnight on Sunday. Liquor stores operate from 10 a.m. to 9 p.m. Monday through Saturday, closing on Sundays.
The city prohibits public consumption of alcohol in parks, except during permitted events. Open container laws apply in vehicles. Businesses selling alcohol must obtain proper licensing from both the Texas Alcoholic Beverage Commission and the city.
Alcohol Laws in Surrounding Municipalities
Smaller cities within Bexar County often have stricter regulations. Alamo Heights and Olmos Park enforce ordinances limiting alcohol sales near schools and churches. Terrell Hills restricts the number of alcohol-serving establishments per capita.
Some municipalities, like Helotes and Shavano Park, have enacted zoning laws that confine alcohol sales to specific areas. Castle Hills requires additional local permits for businesses selling alcohol. Windcrest enforces strict noise ordinances for bars and restaurants serving alcohol.
Universal City and Live Oak follow state guidelines closely, with minimal additional restrictions. Schertz allows for extended hours in certain entertainment districts. Residents should check their specific municipality’s code of ordinances for the most up-to-date local alcohol regulations.
