TABC Sampling Rules in Texas: Permits, Limits, and Penalties

Under the TABC sampling rules, a Texas business can pour free alcohol samples only if it holds the right permit for the products being served, keeps servings within the statutory size limits, pours during the legal hours for that beverage, posts advance notice of the event, keeps records for at least two years, and never serves a minor or an obviously intoxicated person. Violate any of those and the Texas Alcoholic Beverage Commission can suspend your license for up to 60 days, tack on $300 per day in fines, and refer serving-to-a-minor cases for criminal prosecution.

Which Permit Covers Your Tastings

The permit you hold decides what you can pour and where. A separate “tasting permit” is not always required, because several existing permits build sampling authority into the license itself.

A Package Store Permit (P) authorizes tastings of distilled spirits, wine, malt beverages, and spirit-based coolers on the permitted premises under Section 22.18 of the Alcoholic Beverage Code.¹
A Wine Only Package Store Permit (Q) allows tastings of wine and malt beverages on the premises.²
A Brewer’s License (BW) covers samples of malt beverages made at the facility.³
A Winery Permit (G) allows on-site tastings, and the wine poured does not have to be the winery’s own product.⁴
A Distiller’s and Rectifier’s Permit (D), as of September 2023, authorizes free tastings at civic festivals, distilled spirits festivals, farmer’s markets, and similar events without a separate temporary permit.⁵

One trap catches BG holders. A Wine and Malt Beverage Retailer’s Permit (BG) covers only wine and malt beverages. It does not authorize distilled spirits in any form, so a BG holder who wants to pour whiskey or vodka samples needs a different permit.

Where You Can Pour

Sampling is tied to your licensed premises unless you obtain a temporary authorization. Package store tastings happen on the store’s own premises in a designated area, and samples cannot leave the building.¹ Wineries pour in their tasting rooms.⁴ Breweries pour in taprooms using malt beverages produced at the facility.⁶

For off-site events, you need a separate temporary authorization from TABC. A Mixed Beverage Permit holder applies for a Daily Temporary Mixed Beverage Permit (TB); a Wine and Beer Retailer’s Permit holder applies for a Temporary Wine and Beer Retailer’s Permit (BH or HP). The application must reach your local TABC office at least ten business days before the event. Late filings trigger expedited processing fees between $300 and $900 depending on how close to the event date you submit.⁷

Distillers with a D permit can pour at civic festivals, distilled spirits festivals, farmer’s markets, celebrations, and similar events without a separate temporary permit, though local zoning and alcohol service laws still apply.⁵

Sample Size and Per-Event Limits

Section 22.18 sets per-serving caps for package store tastings:

Distilled spirits: no more than one-half ounce per serving.
Wine: no more than one ounce per serving.
Malt beverages and coolers: no more than one ounce per serving.

A single guest may receive more than one sample during the same tasting event. The statute does not set a cumulative daily maximum per person, so the prohibition on serving anyone who is obviously intoxicated is effectively your daily ceiling.¹

Operational limits also apply to the event itself. No more than 20 different products can be available for tasting at one time. No more than two containers of each brand or type may be open at once. You cannot charge anything for a sample. When the event ends, empty or open containers must be removed from the premises or locked in a secure storage area.¹

When a distillery pours at a retail location, Section 14.07 adds more conditions. The spirits must be manufactured by the distillery providing them, a distillery representative must be present during the tasting, and the total volume for each brand is capped at 750 milliliters per sampling event.⁸

When You Can Pour

Package store tastings must happen during regular business hours, meaning the legal sales hours for the type of beverage being poured.¹ Liquor at package stores can be sold from 10 a.m. to 9 p.m. Monday through Saturday, with no sales on Sunday, Thanksgiving, Christmas, or New Year’s Day. Beer and wine follow a wider window: generally 7 a.m. to midnight Monday through Saturday, and noon to midnight on Sunday.

Wineries operate from 8 a.m. to midnight Monday through Saturday and 10 a.m. to midnight on Sunday. Businesses in dry or partially dry counties should confirm local status, since additional restrictions may prohibit or further limit sales and tastings.

Notice and Recordkeeping

Package store permit holders must post a written notification on the premises at least 48 hours before any tasting event. The notice must state the type and brand of beverages being sampled, the date and hours of the tasting, and the address. A copy must remain on file and available for inspection during all tasting hours.¹

All TABC license and permit holders must retain required records for at least two years and make them available for inspection by the commission or its representatives during reasonable office hours.⁹ For sampling, that means documenting what was poured, when, and in what quantities. Businesses running temporary off-site events should also keep copies of their temporary permits, property owner authorization letters, and any site maps submitted with the application.

Failing to produce records during a TABC inspection is its own violation. A first offense carries an 8-to-12-day suspension, rising to 16-to-24 days for a second offense and cancellation for a third. If the records relate to a violation involving serious bodily injury or death, the first offense alone brings a 30-day suspension.¹⁰

Age Checks and Server Training

You cannot serve samples to anyone under 21, and you cannot serve anyone who is obviously intoxicated.¹ Texas law does not require ID checks at a specific age threshold, but most businesses adopt internal policies for anyone who appears young. Acceptable identification includes a Texas driver’s license, a Texas ID card, a military ID, a U.S. passport, or an out-of-state driver’s license or ID card. Expired documents and student IDs are not reliable proof of age.

Employees who pour samples are not required by state law to hold TABC seller-server certification.¹¹ Many businesses require it anyway. The training covers spotting fake IDs and signs of intoxication, and certified staff strengthens your position if TABC investigates a violation. Individual certification programs typically cost under $10.

Advertising Restrictions

Package store tastings carry advertising limits that catch many businesses off guard. You cannot promote a tasting event through general advertising channels such as paid social media ads, print media, radio, or television. The only permitted methods are on-site communications at the store, direct mail, email, and the permit holder’s own website.¹ Posting an upcoming tasting on a paid social ad would violate this restriction, though posting on your own business page likely falls within the website exception. When in doubt, stick to the explicitly permitted channels.

Penalties for Violations

TABC enforcement runs on two tracks: administrative penalties against the license and criminal penalties against individuals. Both can apply to the same incident, and civil dram shop liability sits alongside them.

Administrative Penalties

TABC can suspend a permit for up to 60 days or cancel it outright after notice and a hearing, on grounds that include violating any provision of the Alcoholic Beverage Code or any TABC rule.¹² In practice TABC follows a penalty chart:

Selling to a minor: 8–12 days (first offense), 16–24 days (second), 48 days to cancellation (third).
Allowing a minor to possess or consume alcohol: 3–5 days, then 6–10 days, then 18 days to cancellation.
Serving an obviously intoxicated person: 8–12 days, then 16–24 days, then cancellation.
Selling or serving during prohibited hours: 8–12 days, then 16–24 days, then cancellation.

Each day of suspension carries an optional monetary penalty of $300, so a 12-day suspension could also mean a $3,600 fine.¹⁰ Every day your license is suspended is a day you cannot operate.

Criminal Penalties

Furnishing alcohol to a minor is a Class A misdemeanor, carrying a fine of up to $4,000, jail confinement of up to a year, or both.¹³ If the minor causes serious bodily injury or death because of the intoxication, the charge becomes a state jail felony. A court placing a defendant on community supervision can also order a 180-day driver’s license suspension on top of the criminal penalties.¹⁴

Civil Liability

Texas dram shop law adds civil exposure. Under Section 2.02 of the Alcoholic Beverage Code, you can be sued if you served someone who was obviously intoxicated to the point of presenting a clear danger, and that person’s intoxication caused someone else’s injuries. The standard is “obviously intoxicated,” not merely “had a few samples,” but at a busy event with multiple products available, that threshold can arrive faster than expected. Knowingly serving a minor under 18 creates liability for any damages caused by the minor’s intoxication regardless of whether the minor appeared obviously intoxicated.¹⁵

1
State of Texas. Texas Code Alcoholic Beverage Code 22.18 – Tastings
2
Texas Alcoholic Beverage Commission. Wine Only Package Store Permit (Q)
3
Texas Alcoholic Beverage Commission. Brewer’s License (BW)
4
Texas Alcoholic Beverage Commission. TABC Winery Permit (G) – Section: Tasting Rooms
5
Texas Alcoholic Beverage Commission. TABC License and Permit Types
6
Texas Alcoholic Beverage Commission. Brewer’s License (BW) – Section: Taprooms
7
Texas Alcoholic Beverage Commission. Information and Instructions for Temporary Permits
8
Texas Public Law. Texas Alcoholic Beverage Code 14.07 – Retailer Sampling
9
Justia. Texas Administrative Code 16.41.4 – Report and Record Retention
10
Texas Alcoholic Beverage Commission. TABC Public Safety Penalty Chart
11
Texas Alcoholic Beverage Commission. TABC Certification FAQs
12
State of Texas. Texas Code Alcoholic Beverage Code 11.61 – Cancellation or Suspension of Permit
13
Texas Alcoholic Beverage Commission. Underage Drinking
14
State of Texas. Texas Code Alcoholic Beverage Code 106.06 – Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor
15
State of Texas. Texas Code Alcoholic Beverage Code 2.02 – Causes of Action