Q: What is the 51% rule and why are some businesses selling alcohol and some not?
A: So what about the local bar and grill restaurant or bar that sells food? Some businesses are closed and others aren’t, and it depends on how much revenue comes from alcohol.
Gov. Greg Abbott closed bars for a second time by way of an executive order June 26. Since the statewide order, Texans “shall not visit bars or similar establishments.” But why are some restaurants still selling or delivering alcohol?
Part of the way the state differentiates between a bar and a restaurant that sells alcohol is by the percent of its gross receipts from the sale of alcoholic beverages. If the business’s gross alcohol sales are 51% or higher, then patronizing the business in person is not allowed.
However, those businesses with gross sales 51% or higher may conduct business via drive-thru, pickup or delivery if they still hold a Texas Alcoholic Beverage Commission consumer delivery permit except for Private Club Registration permits and Private Club Beer and Wine permits; and, off-site delivery for brewer’s permits, manufacturer’s licenses and distiller’s and rectifier’s permits.
Because of the specifics from the state about which businesses can legally sell alcohol right now and who cannot, the amount of money made from alcohol sales is how to find out if you can visit your favorite spot. If the word “bar” is in the name, you still might be able to go in person.