Texas Wineries Can Deliver, But Craft Breweries Can’t; A Proposed Law Seeks To Change That

Laws regulating the Texas craft beer industry are back in the mix at the Texas Legislature. Once again, craft brewers are trying to update some archaic practices — laws so old and stodgy they wear knickerbockers and use words like draughts.

The state was well into the 21st century (2019) before it allowed craft breweries to sell beer to go, the last state in the country to do so. This was after a long battle to allow breweries to pour pints to sell in their tap rooms, which only happened in 2013.

Now, here in 2023, another seemingly benign idea is on offer, something that makes us pause with our IPA halfway to our lips and say, “Wait, we can’t do that already? Why not?”

No, we can’t. Specifically, Texas breweries cannot ship beer to people.

Last week state Sen. Pete Flores, Republican from Pleasanton, and state Rep. Shelby Slawson, Republican from Stephenville filed companion “Beer to You” bills that would allow legal home delivery of craft beer.

The Texas Craft Brewers Guild’s political action committee, CraftPAC, is throwing its full frothy weight behind the proposed measures.

“In an era where consumers can have virtually anything delivered to them with a swipe of a finger, convenience is paramount in the retail market and your license type shouldn’t be the barrier between your product and the customers that want it,” Jon Lamb, owner of Red Horn Coffee House and Brewing Co. and government affairs chair for the Texas Craft Brewers Guild, said in a statement.

CraftPAC is quick to present Exhibit A: the Texas wine industry. Texans of legal drinking age can have wine delivered from Texas wineries, but not beer from breweries. If that makes you want to throw a beer in someone’s face, just hold your lagers. Let’s sift through some data first.

Texas ranks second in direct wine sales volume with more than 600,000 cases shipped annually, allowing the local wine industry to grow from around 40 wineries in 2005 to more than 400 now, according to a news release from the Texas Craft Brewers Guild. Texas is now the fifth-largest state for wine production in the country, with a $20 billion economic impact.

“… Your license type shouldn’t be the barrier between your product and the customers that want it.” – Jon Lamb, Red Horn Coffee House and Brewing Co.

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CraftPAC proposes that if wineries, retailers and third-party delivery apps can ship or deliver to consumers while complying with state laws and customer age verification, the craft beer industry can as well.

Micheal Peticolas of Peticolas Brewing supports delivery; in fact, at one time he received regular deliveries.

“I used to be in a beer-of-the-month club, and every month I got this 12-pack of beers from Michigan or wherever. It’s a niche. Just like a winery, when you go to Santa Rosa and sign up for a wine club and get wine all year,” Peticolas says.

As for Texas, Peticolas says, “People want our beer, we know that. I guarantee we’d be getting lots of calls and requests.”

Peticolas, who logged many hours pushing for legislation for craft brewing a decade ago, points out that not being on a level playing field has long been a problem for Texas brewers.

“This is what brewers have been hemming and hawing about: We just don’t have rights that others in the alcohol business do. And delivery is a big one. It seems like it would be quite a boon for the state,” he says.

So, why is a purportedly business-friendly state so slow to adopt common sense laws for the craft beer industry?

[Big sigh] “That’s a seminar right there,” Peticolas says. “What I really think the answer is, the distribution lobby. And I don’t really even like to say that, but the fact of the matter is the guys who don’t want this to pass are those who call the punches for the most part.”

While he’s skeptical the delivery legislation will pass this session, he believes eventually it will.

“It’ll happen. Because at some point people want what they want,” Peticolas says.

CraftPAC hopes to get “rational and uniform shipping and delivery laws” and aims to allow Texas breweries and brewpubs to deliver beer directly to consumers at their homes, use third-party delivery services and ship beer directly to consumers across the state.

The Texas craft brewing industry provides more than 30,000 jobs and has a $4.9 billion economic impact in the state. Texas ranks 47th in breweries per capita, and its craft beer industry ranks 41st in economic impact per capita.