TABC Guidance During Coronavirus Public Emergency

On March 19, 2020, TABC issued guidance on changes taking place in response to COVID-19. The full guidance is here: https://tabc.texas.gov/coronavirus/  

Information for Distillers Making Hand or Surface Sanitizer

The state will not require distillers to pay excise tax on the hand sanitizer they produce. TABC does not consider it a consumable beverage, therefore distillers do not need to include it on their excise tax report.  Distillers should, however keep records internally. It is recommended that distillers put “not for consumption” labels on their products. Giving away hand sanitizer does not affect the two bottle per person per 30 days limitation. 

For more guidance on making hand or surface sanitizer, visit the below links.

- ACSA Guidance for DSP Production of Hand Sanitizer and Sanitary Spray

- FDA Guidance for DSP Production of Hand Santizer (updated 3/30/20)

- World Health Organization Recommended Handrub Formulations

- USP Guidance for DSP Production of Hand Sanitizer

- DISCUS Guidance on Distiller Production of Hand Sanitizer

- ADI's Map of Distilleries Making Hand Sanitizer

- TABC Guidance on Producing Hand Sanitizer

- TTB Guidance on Production of Hand Sanitizer

Curbside Transactions

A transaction is not complete until the product is in a consumer’s hands, therefore it is permitted to take orders online with curbside delivery. The two bottle limitation still applies. Distillers and staff do not have to physically touch a person’s ID, but alcohol can only be sold to those 21 years and older. The customer does not have to sign the ledger, but TABC advises to instead write “internet sale – disaster declaration.”

TABC will issue written guidance on this subject soon.

Governor’s Office Issues Executive Order

The Governor issued an executive order on 3/19/20 that:

• Prohibits social gatherings in groups of more than 10 people.
• Closes down bars, restaurants, food courts, gyms, and massage parlors (use of drive-thru, pickup, or delivery options is allowed)
• Prohibits people from visiting nursing homes or retirement or long-term care facilities unless to provide critical assistance.
• Closes schools temporarily

These orders will be effective on a statewide basis starting March 20, 2020 at 11:59 PM and will end at 11:59 PM on April 3, 2020, subject to extension thereafter based on the status of COVID-19 in Texas and the recommendations of the CDC.

The executive order does not prohibit people from visiting a variety of places, including grocery stores, gas stations, parks, and banks, so long as the necessary precautions are maintained to reduce the transmission of COVID-19. The executive order does not mandate sheltering in place. All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services.

The Commissioner of the Department of State Health Services issues a public health disaster declaration. Find it here: https://gov.texas.gov/news/post/dr-john-hellerstedt-issues-public-health-disaster-declaration-in-texas   

SBA Disaster Loan

U.S. Small Business Administration (SBA) has included the entire state of Texas in its Economic Injury Disaster Declaration and granted access to its Economic Injury Disaster Loan (EIDL) program, which will provide long-term, low-interest loans to qualifying businesses across the state.

Texas small businesses who believe they may be eligible for an SBA EIDL should visit www.sba.gov/disaster where they can directly apply for assistance. The online application is the fastest method to receive a decision about loan eligibility.

CARES Act

Small Business Owner's Guide to the CARES Act

Governor Abbott's Emergency Orders

Find industry-related directives from the Governor below:

• Governor Abbott Waives Certain Regulations To Allow Delivery Of Alcohol From Restaurants And To Support Hospitality Industry
• • TABC Clarification on the Delivery of Alcohol Waiver
• Governor Abbott Allows Event Permit Refunds For Businesses Affected By COVID-19 Cancellations 
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