If you travel or have worked in the hospitality industry in one state or another, you’re likely more than a bit familiar with the fact that there’s not much variation when it comes to state laws about consuming alcohol. However, there are a few distinctions here and there. Let’s take a closer look at the similarities and variables when it comes to selling and consuming alcohol in California and Texas.
How Texas and California Drinking Laws are Similar
Politically speaking, these states are not typically in agreement. However, it’s clear that both states support very similar laws when it comes to alcohol sales and on-premises consumption. As an obvious example, the legal drinking age in both states, as in all states, is 21. This law generally applies to both the purchase and possession of alcohol.
Another similarity falls into line as it regards the sale of alcohol on Sunday. Alcohol sales on Sunday are allowed but with similar restrictions. In both states the laws prohibit liquor stores from opening and selling liquor on Sundays. Texas does allow wine and beer to be sold in certain locations.
Generally speaking, open container laws are also in effect. California and Texas statutes prohibit drinking in public spaces and, especially, in parked or moving vehicles. However, both states also allow for public drinking in very specific areas or entertainment districts in a few key cities.
When it comes to driving under the influence, the laws are also similar here. For instance, the legal blood alcohol concentration limit, or what is legally known as BAC, is .08% for drivers in both Texas and California. While the specifics concerning fines or other penalties might vary, a conviction in this regard typically results in a steep fine, the suspension of one’s license and driving privileges, possible jail time and mandatory education or programming.
How Do Texas and California Drinking Laws Differ?
The differences between the states when it comes to the sale or consumption of alcohol are often minor. As an example, the legal drinking age in both states is 21. However, there are very slight variations in the law as it regards minors legally drinking in the presence of a parent or guardian. Other differences between California and Texas are a little more obvious.
For example, California is a little more lenient as it pertains to when alcohol can be sold. In the Golden State, retail stores can sell alcohol from 6.a.m. to 2 a.m. daily. In the Lone Star State, the daily cut off for those venues is midnight. However, both states allow bars and restaurants to sell alcohol until 2 a.m.
While on the topic of venues, there are a few differences here as well. In Texas, like many southern states, alcohol sales in grocery stores are limited to wine and beer. Spirits can only be purchased from specialized liquor stores. A quick way around this is for a Texas grocery store to create a liquor store that can share the same space but must maintain a separate point of entry and exit.
In California, there’s no need for actual separation. Grocery stores and supermarkets can sell all forms of alcohol. They will often dedicate a whole aisle or two to spirits, beer and wine. This, of course, is all dependent on the store’s actual license and what they choose to sell.
Here’s another interesting note. There are times when local laws supersede state laws. This is mostly noted in southern states like Texas where there are “dry” counties or, in the case of Louisiana, “dry” parishes. This means that these localities have either a full or partial ban on the sale of alcoholic beverages. Ironically enough, this often leads to an increase in DUI arrests as local bans lead residents to drink in other counties or cities and then find themselves in a bit of a legal bother when they opt to drive home.
Alcohol delivery is becoming a more viable option in both states. California embraces the industry by allowing licensed businesses and even delivery apps to openly sell and deliver alcohol to homes or private properties so long as they operate under a state-sanctioned license.
Texas is slowly opening up to the industry as well. While alcohol delivery is available throughout the state, there are still a number of restrictions that apply. This mostly has to do with the days and hours that those deliveries can be made.
If you work in the hospitality industry, then one of the key differences between these two states is the law that dictates how old a server can be in a bar, restaurant or other licensed venue. California allows servers and even bartenders to be 18 so long as those under the age of 21 have a 21+ supervisor working those same shifts. You can also serve alcohol in a Texas restaurant or bar at the age of 18, but Texas state law prohibits anyone under the age of 21 from pouring or dispensing the booze from a keg or bottles. In other words, Texas only allows the servers to serve or deliver those drinks and not prepare them.
Texas vs California? The Devil is in the Details
For the most part, the drinking laws across the country are remarkably similar. However, there are slight variations when it comes to determining the when, who, what and where of alcohol sales and consumption from state to state. While California and Texas represent considerably different political ideologies, they’re not so far apart when it comes to the selling, serving and on-premises consumption of alcohol.
Overall, both states create laws based on reasonable awareness and expectations that are easily observed and respected across the country.. If you’re working in the hospitality industry and need a refresher course on the laws in your area, we can help you attain the accreditation and training that you and your employer may require. American Course Academy offers alcohol server and sales training across many states including TABC’s certification, which is already live, and alcohol server training in California, which is coming soon.
