The Texas Alcoholic Beverage Commission approved rules Tuesday intended to make it easier for bars to legally operate as restaurants during the COVID-19 pandemic.
The state agency greatly expanded rules that had already offered a limited lifeline for some bars to temporarily reclassify themselves and generate a sliver of sales during the coronavirus crisis. The goal is to provide more ways for businesses to qualify as restaurants under Gov. Greg Abbott’s executive order GA-28, which prohibits bars from reopening but allows restaurants to remain open at 50% capacity.
TABC’s amendments to Rule 33.5, which deals with food and beverage certificates, go into effect immediately.
The amended rules mean that bars can now reopen whether or not they have commercial-grade kitchens. Off-site food will also be allowed to be sold at the bars. This would include packaged items.
Additionally, bars will be able to more easily partner with food trucks. Sales from these food orders will be able to count toward the TABC’s rule that alcohol must account for less than 51% of the establishment’s gross revenue in order for it to open as a restaurant.
As we have discussed before, the 51% rule is more than a little arbitrary, and bars have deserved more flexibility to operate. I don’t want to downplay the risks here – you are still much better off avoiding indoor spaces and taking any food or drink to go if there isn’t an outdoor seating arrangement. If they comply with the limited capacity rules that apply to restaurants, then I favor approaches like this that let more bars be classified as restaurants, because they need the help. In the absence of federal help, this is the best we can do at this time. (To be fair, not all bar owners agree with this approach. A more serious review of the TABC’s 51% formula is still needed.) Reform Austin, the Dallas Observer, and the Current have more.