Weddings, office parties, music and food festivals – there are lots of reasons why you might want to use your TABC liquor license somewhere besides your bar or restaurant (that’s premises in TABC-speak). The great news? You can. The not-so-great news? It’s a bit of a confusing process. Don’t worry. Here is what you need to know.
First, we will go through a few basic rules about what the TABC allows in terms of these off-premises or catering activities. The TABC generally refers to these as Temporary Event Authorizations.
Then we will discuss each of the two types: File and Use Notifications and Temporary Events. Knowing the difference between the two is key to preparing to get the right authorization for your event. We will discuss each in detail below, but the key difference to know is that a File and Use Notification is the type of Temporary Event Authorization that you need for a private event, such as an office party or a wedding. The Temporary Event on the other hand is what you need for all other off-premises events.
Finally, we will go through the information you need to have on hand to make the required submission through the TABC’s Alcohol Industry Management System or AIMS.
TABC Temporary Event Compliance In General
What is a Temporary Event Authorization?
Temporary Event Authorizations allow you to use your TABC liquor license somewhere other than your bar or restaurant – what the TABC calls the licensed premises. The TABC used to refer to this type of activity as catering, and it used to require a Catering Permit as well as the submission of event-specific Catering Certificates. Not anymore. The Texas legislature recently removed the requirement to hold a Catering Permit allowing on-premises retailers to have the ability to cater as part of their primary liquor license. For more information about terms like licensed premises or the types of liquor licenses available for bars and restaurants, check out the first video in our TABC Strategy Series: Business Concept.
Who Can Obtain a Temporary Event Authorization?
The following permit holders have the ability to require a Temporary Event Authorization:
Mixed Beverage Permit (MB)
Wine and Malt Beverage Retailer’s Permit (BG)
Retail Dealer’s On-Premises License (BE)
Private Club Permits (N, NE, NB)
Winery Permit (G)
In addition, certain nonprofit organizations can request a Temporary Event Authorization – we will cover those in a different blog.
What locations are eligible for Temporary Event Authorization?
Most locations are eligible for a Temporary Event Authorization. Here are some rules to keep in mind.
TABC-Permitted Locations are Prohibited. You cannot cater on the premises of another TABC license holder. As you probably know, the TABC prohibits permit holders from allowing outside alcohol on their premises (with very few exceptions). Similarly, the TABC will not let you get a Temporary Event Authorization at an already licensed premise.
Property Owner Approval Required. As we will discuss below, you must submit proof to the TABC that the owner of the property on which your event will be held has agreed to let you participate in the event on the premises.
Dry Areas Prohibited. If the event location is in an area where the sale of alcohol is prohibited, you most likely will not be able to get a Temporary Event Authorization.
How Do You Get a Temporary Event Authorization?
There are two ways to request your Temporary Event Authorization: via AIMS or via email. The TABC strongly prefers that submissions be made through AIMS. As of August 2022, they are still accepting form applications via email as directed on the appropriate form. The TABC notes that requests submitted via email rather than AIMS will take additional time to process as they require TABC data entry. Here are some quick links for the File and Use Notification and Temporary Event Approval forms.
How you get a Temporary Event Authorization also depends on whether you are getting a File and Use Notification (FUN) or a Temporary Event. For the FUN, you need only notify the TABC in advance of your event. For the Temporary Event, however, the application must be made to the TABC 10 business days (that’s TABC business days) in advance of the event. You will be required to pay late fees if you do not apply far enough in advance. Also, approval for a Temporary Event is not automatic as it is for a FUN. The TABC will review your request, hopefully approve it, and only then will you receive the Temporary Event Permit to post at the event. We will discuss each of these in detail below.
File and Use Notification
What is a File and Use Notification?
A File and Use Notification (FUN) is the quickest and easiest option for using your liquor license at an off-premises location. It does not require TABC pre-approval. You simply need to submit the proper notice to the TABC before your event, and you’re all set. Remember that you must have your FUN prior to the event or you will not have the authority to sell or serve alcohol anywhere but your permitted location.
Who is eligible?
The on-premises permit holders listed above are each eligible for a FUN, but only for events that meet certain requirements. Events that don’t meet these specific requirements must proceed through the Temporary Event approval process described below.
Here are the requirements for FUN eligibility:
Not open to the public (if you are selling tickets, it’s probably public)
Attendance less than or limited to 500 people
Estimated wholesale value of alcohol provided or sold < $10,000
Not sponsored by a member of the manufacturing or wholesale tier (Titos Vodka, Republic, Southern Glazer’s, etc.)
If you fail on any of these, your event is not eligible for a FUN.
What information is required?
Whether you are emailing in a form or you are submitting a FUN online, you will need to enter the following information:
Address of the event, including county
Contact person for the event – someone who can respond quickly to any requests from the TABC
Date and time of the beginning and end of the event – from delivery of alcohol to the catering location and continuing until the alcohol is taken back to your premises, but not longer than 4 days
Description of the location – just a general description of where you will be storing and serving alcohol (e.g. the kitchen and the main breakroom)
Sitemap – this can be just a sketch of the area marking where the alcohol will be served and the entrances and exits
Whether the event involves an organizer or promoter – if you respond yes, you will need to name the organizer or promoter
Whether you own or lease the location you are using for the event? Answering Yes here subjects you to the maximum limit of 10 events per calendar year.
If you do not own or lease the location, whether you have obtained authorization from the owner of the event’s location – you will not be able to proceed in AIMS until you are able to answer Yes and attach evidence of approval. Note that submitting a FUN via email does not currently require the written authorization of the property owner.
Confirm each of the following (or you will not be treated as a FUN):
The event is not open to the general public
The estimated attendance is less than 500 persons
The estimated wholesale value of the alcoholic beverages provided at this event is less than $10,000
The event does not involve a sponsorship from another license/permit holder
Other than the permission to sell alcohol on this property, do you have any other contracts and/or agreements (either verbal or in writing) associated with this event, such as sponsorship and/or third-party agreements? Answering Yes here might require you to submit the agreement.
Have you confirmed and obtained all necessary permissions, permits and/or approvals from your city and county that may be required for your event? Typical private catering events do not require city and county approvals. If that is the case, the answer would be Yes. Note that if you select N/A you will need to provide an explanation.
Is the location in a dry area? Remember, dry areas are generally prohibited.
How do you get one?
To apply for the FUN, log into your AIMS account and select the permit holder for the location doing the catering. Then select the primary permit, again for the specific location doing the catering.
Scroll down and select Temporary Event Approval. (Don’t worry, you don’t actually need approval. This is just what you have to select.) You will be prompted to enter the information above through a couple of screens. If the information you enter does not comply with the requirements for a FUN, the system will automatically treat your submission as a request for a Temporary Event Approval.
What do you do with the FUN?
If you are eligible for a FUN, you will automatically be approved for it as soon as you enter the information. You should receive an email confirming the same. The last step is printing your FUN. To do so, go back into the same AIMS account and select View My Temporary Events from the menu in the upper left corner of the dashboard. Here you will be able to download the File and Use Notification. Print it out and post it at the location at the start of your event and you’re in business. Again, if you are ineligible, the system will automatically treat your submission as a Temporary Event. We’ll go over that next.
One last note for FUN’s. In addition to your regular recordkeeping requirements, make sure to keep the following information in your files for 4 years:
Number of attendees at the event
Dollar amount of alcohol purchased for and sold/served at the event
Copy of the agreement with the venue authorizing the event
Date of the event
Date of hire
Type of event (wedding, office party, birthday party)
Copy of the invitation
Copy of other event information
Copy of the property owner’s permission
Copy of the site map
Copy of the File and Use Notification
Temporary Event Approval
What is a Temporary Event Approval?
Like the File and Use Notification, the Temporary Event Approval allows you to sell and serve alcohol at a location other than your licensed premises. The Temporary Event Approval for permit holders basically captures all of the authorized temporary events that aren’t eligible for a File and Use Notification. The Temporary Event Approval can be used to participate in larger events, though private, that do not meet the attendance and alcohol cost thresholds of the FUN. It can also be used for public events like festivals.
Who needs this?
Again, like the File and Use Notification, the Temporary Event Approval can be utilized by the holders of TABC liquor licenses that allow for the on-premises consumption of alcohol: Mixed Beverage Permit, Wine and Malt Beverage Retailer’s Permit, Retail Dealer’s On-Premises License, Private Club Permits, and Wineries.
What information is required?
The good news is that the information required for a Temporary Event Approval is the same that is required for a FUN, with the one exception – payment information. The Temporary Event Approval requires advance notice. If you do not make your submission at least 10 business days prior to the event, the following fees will apply:
$300 for forms received 7 to 9 business days prior to the event
$500 for forms received 4 to 6 business days prior to the event
$900 for forms received 1 to 3 business day(s) prior to the event
How do you get one?
Again, the process is the same as that for the File and Use Notification. Once you complete the online questionnaire, you will be asked to submit the payment (if applicable). Your application will then be submitted to the TABC. The TABC may contact you for more information, so make sure to respond to any requests from them – these will likely come through AIMS. Your approval will also come through AIMS. Once approved, you can navigate to View My Temporary Events in the permit holder’s AIMS portal. There you should see your approved Temporary Event listed and an option to download your Temporary Event Approval. Post it at your location, and you should be all set.
Remember, the catering/temporary location should be treated as an extension of the catering restaurant or bar for TABC purposes. In other words, all TABC rules and regulations should be followed at the catering location just as they are in the restaurant. This includes the permit holder maintaining exclusive control of alcohol at the specific event location, the prohibition against selling or serving alcohol to intoxicated persons and operating within the permissible hours based on local requirements.
Not interested in applying for approval on your own? Ashley and Claire provide those services through the Storm Ruleman law firm. Book a 30 minute discovery call with Ashley here. Also, check out our Resources page for a free checklist to help make your File and Use Notification submission successful.
Disclaimer: Nothing in our articles or on our website is legal advice and should not be taken as such. Please address all legal questions to your counsel. While our team is not a law firm, we can refer you as needed.
