NEWS: TABC Approves Nueces County Opt-In Request for Bars to Open at 50%

TABC Approves Nueces County Opt-In Request for Bars to Open at 50%

Bars must comply with DSHS health protocols prior to opening

The Texas Alcoholic Beverage Commission (TABC) has approved Nueces County Judge Barbara Canales’ request to “opt in” to the provision of Governor Abbott’s Executive Order GA-32 allowing bars to open at 50% capacity provided they are able to comply with the standard health protocols issued by the Texas Department of State Health Services (DSHS).

This approval became effective October 15, 2020, when the official TABC website was updated. The website is the TABC’s authoritative references for bar owners and patrons statewide, and is updated at 3pm daily. The status of all Texas Counties can be seen at: https://www.tabc.texas.gov/coronavirus/

To open, bar owners must comply with the standard health protocols published by DSHS, which require space for social distancing, adding physical barriers, customer seating and other adaptations. Bar patrons must also comply with the operating guide for bar patrons, which includes both requirements and recommendations to help patrons assess their personal risk and make informed decisions. The official operating guides for from DSHS can be found at:

Bars (effective 10/14/2020, revised 10/7/2020)
https://www.dshs.state.tx.us/coronavirus/docs/opentx/Bars.pdf

Bar Patrons (effective 10/14/2020, revised 10/7/2020) https://www.dshs.state.tx.us/coronavirus/docs/opentx/Bar-Patrons.pdf

Bars which choose to open are not required to obtain pre-approval prior to opening, but must meet all of the specified requirements at the time of opening. Bar owners are encouraged to contact TABC and their local bar and restaurant association for additional guidance and suggestions on how best to implement the changes needed to operate safely.

By adhering to the operating guides, bar owners who choose to re-open can open their businesses with confidence and patrons going to any open bar in Nueces County knows that the state health protocols have been met and they can go to that bar safely.

Education is far preferable to enforcement, and we are committed to working with bar owners who are working to adhere to the protocols. However, the Governor’s order allows businesses to be fined, and the operating guides allow TABC to suspend a business’s license for 30 days for a first offense, and for up to 60 days for a second offense.

These new protocols are for the bars which are currently closed. The majority of the retail establishments serving alcohol, including those bars which have been reclassified as restaurants under the rules as currently modified, are already open and as of October 14, can operate at up to 75% capacity. Many bars already had the space, tables, chairs and booths needed to operate under the new rules, and chose to be certified as restaurants. These establishments can serve alcohol, and can also continue to deliver alcoholic beverages; an emergency accommodation granted by the governor which is not changing at this time.

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