Governor Abbott Issues Executive Order To Open Bars
Texas bars may offer on-premises services up to 50% of the total listed occupancy of the establishment.
Press Release
County Judges will be able to opt their county into opening bars beginning October 14th, provided they assist in enforcing health protocols. The Governor's Executive Order also increases the occupancy levels for all business establishments other than bars to 75%.
Bars or similar establishments that hold a permit from the Texas Alcoholic Beverage Commission (TABC), and are not restaurants may offer on-premises services up to 50 percent of the total listed occupancy of the establishment if:
a. the bar or similar establishment is not in an area with high hospitalizations and the county judge of the county in which the bar or similar establishment is located files the requisite form with TABC; or
b. the bar or similar establishment is in an area with high hospitalizations but is located in a county that has filed with DSHS, and is in compliance with, the requisite attestation form promulgated by DSHS regarding minimal cases of COVID-19, and the county judge of the county in which the bar or similar establishment is located also files the requisite form with TABC.
Patrons at bars or similar establishments may eat or drink only while seated, except that in an establishment that holds a permit from TABC as a brewer, distiller/rectifier, or winery, customers may sample beverages while standing so long as they are in a group of six people or fewer and there is at least six feet of social distancing or engineering controls, such as partitions, between groups.
Where applicable, this 50 percent occupancy limit applies only indoors; the limit does not apply to outdoor areas, events, or establishments, although social distancing and other protocols must be followed.
Bars to close at noon and Restaurants Must Limit to 50% Capacity
The decision comes as the number of people testing positive for COVID-19 and the number of hospitalizations have increased and the positivity rate in Texas increased above 10%.
Press Release
AUSTIN – Governor Greg Abbott today issued an executive order limiting certain businesses and services as part of the state’s effort to contain the spread of COVID-19. This decision comes as the number of people testing positive for COVID-19 and the number of hospitalizations have increased and the positivity rate in Texas increased above 10%, which the Governor previously stated would lead to further preventative action. The targeted, measured directives in the executive order are based on links between certain types of businesses and services and the recent rise in positive cases throughout the state.
The order includes the following:
All bars and similar establishments that receive more than 51% of their gross receipts from the sale of alcoholic beverages are required to close at 12:00 PM today. These businesses may remain open for delivery and take-out, including for alcoholic beverages, as authorized by the Texas Alcoholic Beverage Commission.
Restaurants may remain open for dine-in service, but at a capacity not to exceed 50% of total listed indoor occupancy, beginning Monday, June 29, 2020.
Rafting and tubing businesses must close.
Outdoor gatherings of 100 or more people must be approved by local governments, with certain exceptions.
“As I said from the start, if the positivity rate rose above 10%, the State of Texas would take further action to mitigate the spread of COVID-19,” said Governor Abbott. “At this time, it is clear that the rise in cases is largely driven by certain types of activities, including Texans congregating in bars. The actions in this executive order are essential to our mission to swiftly contain this virus and protect public health. We want this to be as limited in duration as possible. However, we can only slow the spread if everyone in Texas does their part. Every Texan has a responsibility to themselves and their loved ones to wear a mask, wash their hands, stay six feet apart from others in public, and stay home if they can. I know that our collective action can lead to a reduction in the spread of COVID-19 because we have done it before, and we will do it again.”