Texas Election Day: Beer Buying Rules Explained

Texas is one of the few states that still have laws on the books that prohibit the sale of alcohol on Election Day. While these laws are no longer enforced, the history of alcohol prohibition in Texas is a fascinating one that dates back to the founding of the Republic. Today, Texans can purchase beer, wine, and liquor on Election Day, but there are still some restrictions in place on when and where alcohol can be sold.

Texas blue laws prohibit the sale of liquor on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day

The Texas blue laws regarding alcohol sales are outlined in the Alcoholic Beverage Code, Chapter 105. Under these laws, liquor sales are prohibited on Sundays, and liquor stores must remain closed. Beer and wine sales are allowed in grocery and convenience stores from 10 a.m. to midnight on Sundays, with extended hours on other days of the week.

In addition to Texas, several other U.S. states have or had similar blue laws restricting alcohol sales on Sundays and holidays. For example, Arizona previously limited alcohol sales hours on Sundays but repealed this law in 2010. Arkansas has 39 "dry" counties where the sale of any alcoholic beverage is prohibited entirely. Connecticut repealed its ban on Sunday alcohol sales in 2012, and Georgia allowed local communities to vote on the issue in 2011. Indiana, which previously banned alcohol sales on Sundays and Election Day, now permits Sunday sales and Election Day sales as of 2010 and 2018, respectively.

While blue laws have been repealed in most U.S. states, parts of Puerto Rico, certain jurisdictions in Alaska, and some parts of Massachusetts still have Election Day alcohol restrictions in place as of 2023. Additionally, many Latin American countries continue to enforce such restrictions during their election days.

Beer and wine sales are permitted in grocery and convenience stores from 10 a.m. to midnight on Sundays

Texas has a number of laws that restrict the sale of alcohol, known as "blue laws". These laws were originally designed to protect Sunday as a day of worship, limiting commercial activities to encourage church attendance. While many of these laws have been repealed, some restrictions on alcohol sales remain.

This law is part of a broader set of regulations outlined in the Texas Alcoholic Beverage Code, Chapter 105, which specifies the hours of sale and consumption for various alcoholic beverages. While beer and wine sales are allowed during the above Sunday hours, liquor sales are prohibited. Liquor stores must remain closed, reflecting stringent regulations aimed at limiting alcohol consumption on Sundays.

The hours during which alcohol can be purchased vary by type and day of the week. From Monday to Friday, liquor sales are permitted from 10 a.m. to 9 p.m. in stores. On Saturday, liquor sales are allowed from 10 a.m. to 9 p.m., with extended hours for beer and wine sales in some locations. On Sundays, beer and wine can be sold until midnight, but there are no liquor sales in stores. However, bars and restaurants are permitted to serve alcoholic drinks after noon on Sundays.

These blue laws have sparked debate, with proponents arguing that they maintain community standards and values by providing predictable days off for workers. On the other hand, opponents view them as outdated restrictions on modern commerce. While Texas repealed many blue laws in 1985, restrictions on liquor and auto sales persist due to their specific inclusion in state codes.

Texas Alcoholic Beverage Code outlines the hours of sale and consumption for various alcoholic beverages

The Texas Alcoholic Beverage Code outlines the hours of sale and consumption for various alcoholic beverages. These hours vary depending on the type of alcoholic beverage, the day of the week, and the location. Here is a breakdown of the relevant sections of the Texas Alcoholic Beverage Code:

Hours of Sale for Liquor:

According to Section 105.01, no person may sell, offer for sale, or deliver any liquor on New Year's Day, Thanksgiving Day, or Christmas Day. On other days, the sale of liquor is permitted between 10 a.m. and 9 p.m. There are exceptions for wholesalers, local distributors, and retailers, who may sell liquor at different times.

Hours of Sale for Mixed Beverages:

As per Section 105.03, mixed beverages can be sold and offered for sale between 7 a.m. and midnight on any day except Sunday. On Sundays, the sale of mixed beverages is allowed between midnight and 1 a.m. and between 10 a.m. and midnight. If served between 10 a.m. and noon on Sunday, it must be during the service of food to the customer.

In cities or counties with a population of 800,000 or more, holders of a mixed beverage permit who also have a retailer late hours certificate can sell mixed beverages between midnight and 2 a.m. on any day.

Hours of Sale for Wine and Malt Beverages:

The hours of sale for wine and malt beverages are outlined in Section 105.05. These beverages can be sold, offered for sale, or delivered between 7 a.m. and midnight on any day except Sunday. On Sundays, the sale is permitted between midnight and 1 a.m. and between noon and midnight. There are exceptions for certain license holders who can sell these beverages between 10 a.m. and noon on Sundays if served during the service of food.

In cities or counties with a population of 800,000 or more, holders of a retail dealer's on-premise license who also have a retailer late hours certificate can sell, offer for sale, and deliver malt beverages between midnight and 2 a.m. on any day.

Hours of Consumption:

The Texas Alcoholic Beverage Code also regulates the hours during which individuals can consume alcoholic beverages in public places. In standard hours areas, consumption of alcohol in public places is prohibited on Sundays between 1:15 a.m. and 12 noon, and on other days between 12:15 a.m. and 7 a.m. In extended hours areas, which are defined in Section 105.06, consumption of alcohol in public places is prohibited on Sundays between 2:15 a.m. and 12 noon, and on other days between 2:15 a.m. and 7 a.m.

It is important to note that these are general guidelines, and there may be specific exceptions or variations for different types of establishments, events, or locations. The Texas Alcoholic Beverage Code provides a comprehensive framework for regulating the sale and consumption of alcoholic beverages in the state.

There are no laws against selling alcohol on election day

In Texas, there are no laws against selling alcohol on election day. However, this wasn't always the case. In the past, it was common for states to prohibit the sale of alcohol on election day, with Maryland being the first state to implement such a law in 1811. This was due to concerns about campaigns using alcohol to persuade voters or simply to entice them during the campaign season.

While most states have since repealed these laws, as of 2023, parts of Puerto Rico, certain jurisdictions in Alaska, and some areas of Massachusetts still had Election Day dry laws in place. Additionally, several Latin American countries continue to enforce these restrictions during their election days.

In Texas, blue laws prohibit the sale of liquor on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day, with additional restrictions on beer and wine sales. Beer and wine sales are permitted from 10 am to midnight on Sundays, while liquor sales are prohibited.

Local governments in Alaska and Massachusetts are authorised to provide an exemption from the ban on election day alcohol sales

In the United States, several laws are outdated and require updates. One such regulation that may hinder citizens' Election Day plans is the ban on purchasing alcohol on Election Day. This law is still active in certain parts of the country.

The Election Day alcohol ban was first established in 1811 when Maryland became the first US state to implement it. Many other states followed suit. This ban was put in place even before the Prohibition era to stop campaigns from trying to persuade undecided voters with alcohol, which George Washington allegedly did.

As of January 2023, only certain jurisdictions in Alaska, certain parts of Massachusetts, and parts of Puerto Rico have Election Day dry laws in place. Local governments in Alaska and Massachusetts are authorised to provide an exemption from the ban on election day alcohol sales. This means that the sale of alcohol in these states on Election Day is dependent on the local government's decision.

Citizens in these states are advised to check their municipality's website or contact their local bar or liquor store to confirm if alcohol sales are permitted on Election Day.

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