Texas Law: Buying Beer For Your Son

can i buy my son a beer in texas

Texas has a complex history of regulating the sale of alcohol, with laws varying by county and city. The state has established a legal drinking age of 21, with exceptions for minors drinking under adult supervision. Minors under 15 can drink in the presence of their parents, who are responsible for their safety. Minors over 15 can drink with the permission of their parents, adult guardian, or spouse. While there is no statewide ban on drinking in public spaces, individual counties and cities may have their own regulations. Texas has strict laws prohibiting the sale of alcohol to minors, with penalties including fines, community service, and suspension of driving privileges.

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Minors can drink with adult supervision

In Texas, it is legal for minors to consume alcohol in certain situations. Minors are allowed to drink in the presence of their adult parent, guardian, or spouse, as long as they are visibly present and supervising. This means that a parent can legally buy their child a beer, as long as they are together when the alcohol is consumed. This is in contrast to other states, where the legal drinking age is strictly enforced.

Texas is one of ten states that allow consumption by minors with the supervision and consent of family members. This means that a minor may possess and consume an alcoholic beverage if they are with their parent, guardian, or spouse who is an adult. The adult must be visibly present and supervising when the minor has or drinks the alcohol. It is important to note that this law only applies to family members and not to non-family members under the age of 17, even with the permission of the minor's parent.

The minimum age to consume alcohol in Texas is typically 21 years old. However, this law has several exceptions, including the one mentioned above. Minors under the age of 21 can also drink at home under adult supervision, as long as the adult is present on the premises. Additionally, individuals under 18 can work in establishments that serve alcohol if they have been certified by the Texas Alcoholic Beverage Commission.

While Texas allows minors to drink with adult supervision in certain situations, it is important to note that there are still strict laws against underage drinking and providing alcohol to minors. For example, it is illegal for anyone under 21 to purchase alcohol, and there are penalties for minors caught in possession of alcohol, known as Minor in Possession (MIP) charges. These charges can result in fines, community service, suspension of driving privileges, and other consequences.

In summary, while Texas has strict laws against underage drinking, it is one of the few states that allow minors to drink with the supervision and consent of their adult family members. This means that a parent can legally buy their son a beer, as long as they are together and the parent is supervising. However, it is essential to be aware of the other laws and regulations surrounding underage drinking in Texas to avoid any legal consequences.

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Minors can't enter some alcohol-selling venues

In Texas, minors are allowed to consume alcohol in the presence of their parents, adult guardian, or spouse. However, there are certain venues that sell alcohol that minors are not allowed to enter, even if they are accompanied by an adult. These include:

  • Liquor stores, also known as package stores
  • Wineries
  • Breweries and taprooms
  • Bars and restaurants with mixed beverage permits

These venues have specific regulations and restrictions regarding the sale and service of alcohol. For example, liquor stores are not allowed to sell alcohol to minors under the age of 21, even if they are accompanied by an adult. Additionally, they must remain closed on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. If a holiday falls on a Sunday, they must also remain closed on the following Monday.

Wineries are allowed to serve alcohol from Monday to Saturday between 8 am and midnight and from 10 am to midnight on Sundays. Breweries and taprooms may have similar hours, but the specific regulations may vary.

Bars and restaurants with mixed beverage permits are allowed to serve alcohol from 7 am to midnight, Monday to Friday. On Saturdays, they can serve from 7 am to 1 am on Sunday morning, and from noon to midnight on Sundays. If they have a late-hours permit, they can serve alcohol until 2 am any night of the week.

It is important to note that the laws and regulations regarding alcohol sales and consumption can vary by county and city in Texas. Some counties may have additional restrictions or requirements, so it is always a good idea to check the local laws before purchasing or consuming alcohol.

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Minors can't be served by under-18s

Texas has strict laws regarding the sale of alcohol to minors, and these laws extend to the employment of minors in the sale and distribution of alcohol.

In Texas, a minor may consume an alcoholic beverage only in the visible presence of their adult parent, guardian, or spouse. This means that if a minor is out with their parent, guardian, or spouse, and that adult gives them permission to drink, it is legal for them to do so. However, this does not mean that a minor can enter any bar or liquor store and purchase alcohol, even if they are with their parent or guardian. The Texas Alcoholic Beverage Code states that minors (those under 21 years of age) cannot be employed to sell, prepare, serve, or handle alcoholic beverages, or assist in doing so. This is true for both on-premises and off-premises license or permit holders, with the exception of wine-only package stores, which have no minimum age for employees.

TABC (Texas Alcoholic Beverage Commission) laws also dictate that companies selling alcohol must require all employees to card anyone who appears to be under 30 years of age. This is to ensure that alcohol is not sold to minors by mistake. While it is not illegal for a minor to be in a liquor store or bar, some establishments have their own rules about allowing minors on the premises, and it is within their rights to refuse service to anyone.

TABC laws also state that it is illegal to make alcohol available to a non-family person younger than 17, even on their own property and even with permission from the minor's parent. This means that, while a parent or guardian may give their own child alcohol on their own property, they may not do the same for any other minor, even with that minor's parent's permission.

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Minors can't be served in vehicles

In Texas, it is illegal to serve alcohol to a minor, defined as someone under the age of 21, unless they are accompanied by their adult parent, guardian, or spouse. This means that if you are buying alcohol in a store or restaurant, your minor son cannot be served alcohol unless you are with him and give your permission. Even then, there are strict rules about when and where alcohol can be purchased in Texas, and these vary depending on the type of establishment.

Bars and restaurants with on-premises licenses to serve alcohol can sell it from 7 a.m. to midnight, Monday to Friday. On Saturdays, they can sell from 7 a.m. to 1 a.m. on Sunday morning, and from noon to midnight. With food, they can serve alcohol from 10 a.m. to noon on Sundays. Certain bars and restaurants with a "late hours" permit can serve alcohol until 2 a.m. any night of the week. Hotel bars can serve alcohol to registered guests at any time.

Grocery and convenience stores with off-premises beer/wine permits can sell alcohol from 7 a.m. to midnight, Monday to Friday. On Saturdays, they can sell from 7 a.m. to 1 a.m. on Sunday morning, and from 10 a.m. to midnight on Sundays.

Liquor stores, also known as package stores, are licensed to sell alcohol from 10 a.m. to 9 p.m., Monday to Saturday. They are closed on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. If Christmas or New Year's Day falls on a Sunday, they must also remain closed on the following Monday.

Sports venues, festivals, fairs, or concerts with licensed or permitted premises can sell alcoholic beverages between 10 a.m. and noon on Sundays, in addition to other permitted hours.

Wineries can sell alcohol from 8 a.m. to midnight, Monday to Saturday, and from 10 a.m. to midnight on Sundays.

In addition to statewide alcohol laws, Texas also allows counties and cities to define some rules related to alcohol sales. There are four completely dry counties in Texas where no alcohol is sold, and 59 wet counties where all alcoholic beverage sales are legal. The remaining 195 counties are "moist" counties, a mix of wet and dry areas.

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Minors can't be served in public

Minors cannot be served alcohol in public in Texas. The legal drinking age in Texas is 21 years old, and it is illegal to sell alcohol to anyone under this age. Texas has a zero-tolerance policy for Minor in Possession (MIP) charges. Minors caught drinking in public, purchasing alcohol, or possessing alcohol can face MIP charges.

There are some exceptions to the rule. Minors are allowed to consume alcohol in Texas if they are in the presence of their parent or guardian and have their permission. In this case, the minor must be in the visible presence of their adult parent, guardian, or spouse, who provides or serves the alcohol to them. The adult is responsible for the safety of the minor and can be held liable for any damages caused by the minor's intoxication.

It is also illegal to sell alcohol to a minor, even if the purchaser is the legal guardian. However, there may be some leniency for parents or guardians shopping with their children. Some retailers will insist that everyone in a group show proof of being 21 or over when purchasing alcoholic beverages to prevent adults from buying for minors.

To avoid legal consequences, it is best to refrain from providing alcohol to minors, except in the specific circumstances allowed by Texas law.

BJ's Beer Buying Guide: Can I Purchase?

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Frequently asked questions

No, it is illegal to buy alcohol for anyone under 18 who is not your child, and your son must be at least 15 years old to drink beer in Texas, even under adult supervision.

Yes, but only if you are his adult parent, guardian, or spouse, and you are visibly present when he consumes the beer.

Yes, Texas state law permits anyone over 21 to buy and consume alcohol.

No, your son must have a valid ID to prove he is over 21.

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