Nearly 70% of the time “alcohol to-go” was ordered for delivery or pick-up, no ID was requested. Due to the pandemic, many small businesses were kept afloat thanks to new laws such as ‘alcohol to go’ passed in 2021. It allows beer, wine, and mixed drinks to be included in pickup and delivery of food orders. But Texans for Safe and Drug Free Youth say 30% of San Antonio businesses are not checking ID’s properly. That’s potentially allowing alcohol to get in the hands of minors.
CEO of Texans for Safe and Drug Free Youth Nicole Holt says, “What we know is that when we make it easier for a young person to gain access to a substance, they are more likely to use that substance.” Holt understands why ‘alcohol to go’ was made into law in 2021, but she is concerned about its lack of compliance by some businesses.
“When drinks were delivered to a home that no ID was checked,” says Holt. The Texas Alcoholic Beverage Commission says training is required for alcohol delivery drivers. TABC says they oversee enforcing state regulations involving alcohol-to-go in the state. They say they work with local law enforcement to crack down on violators.
“Conduct a number of inspections both openly and undercover,” says Chris Porter with TABC. He adds doing inspections is key but says they could always use the community’s help. “Bars that they’re aware of where there have been DWI accidents traced to those locations,” says Porter.
Locations that should be checking ID’s and making sure drinks are in sealed and tamper proof containers for the sake of the children. “It’s particularly addictive to young people. We have to protections in place,” says Holt.
According to statewide data collection…
- Nearly 70% of the time alcohol to-go was ordered for delivery or pick-up, no ID was requested.
- No ID was verified for more than a third (37.5%) of delivery sales and over 80% of pick-up sales; and
- Nearly 20% of the time, orders were left for pick-up or at doorsteps with no contact made at all.
- 1 out of 5 alcoholic beverages was NOT in a tamper-proof cup or container.
Challenges beyond lapses in ID verification were reflected in the data collected. The law requires that beverages sold to-go must be contained in tamper-proof packaging. However, without clear, specific parameters, this requirement remains open to interpretation and as result, businesses are found selling easily opened or unsealed alcoholic drinks. Additionally, many delivery drivers are required to scan IDs with a phone or other device in order to verify age, however, lack the equipment and/or support to do so.
Given the gaps the law has created that enable increased underage access, advocates are calling on decision makers to take action to implement necessary protective and enforcement measures. Specifically:
Mandate updated training and public awareness: Evidence-based training for retailers, law enforcement and delivery providers that is specifically tailored to alcohol to-go sales, as well as dedicated public awareness campaigns and signage on the requirements of alcohol to-go sales, will benefit vendors and consumers alike.
Clarify packaging requirements: Legal requirements must be made clearer and more uniform to ensure tamper proof compliance and end the use of easily opened containers.
Strengthen and increase compliance enforcement: Without enforcement, provisions in the law lack teeth, allowing violations and disregard for legal protections to persist. The state and communities must allocate the funds necessary for dedicating resources and staff to this critical effort.
Hold retailers accountable: Any business that openly fails to appropriately ID or intentionally overserve should be held accountable – this is a proven strategy for ensuring appropriate protocols regarding the sale of alcohol to-go are followed.
Ensure adequate funding: Law enforcement and other agencies should have the resources and support needed to conduct more extensive enforcement to ensure alcohol is not sold or delivered to minors.
Data was collected over a 12-month period across multiple geographies across the state. In total, more than 300 responses were collected and analyzed. For more information on underage alcohol use among Texas youth and its associated health and developmental consequences, visit https://txsdy.org/the-science-alcohol/.
