(AUSTIN, Texas, June 6, 2023) – Advocates today announced findings from a new statewide survey on the sale of alcohol to-go and compliance with laws and regulations designed to prevent underage drinking and impaired driving. The report examines alcohol to-go sales, and documents serious consequences that have resulted since to-go sales were legalized. Texans for Safe and Drug-Free Youth (TxSDY), Texas’s leading advocacy coalition on youth underage drinking and substance use prevention, released the data and called on decision makers to improve both safeguards and compliance.

“We’ve been unequivocally clear from the moment lawmakers first began considering making alcohol togo legal: this law would result in increased youth access and the many – often life-changing – risks associated with underage drinking. Today, it’s clear those warnings are proving true,” said Nicole Holt, CEO of TxSDY. “Allowing the status-quo permitted by legalizing alcohol to-go means allowing dangerous risks to continue. We cannot continue to turn a blind eye to the risks of expanding alcohol sales. We’re urging decision makers to put the public health and safety of our youth ahead of business interests. We need them to take action to ensure the law is followed – and save lives.”

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. The full report can be found here, and for more information on underage alcohol use among Texas youth and its associated health and developmental consequences, visit https://txsdy.org/alcohol/.

About Texans for Safe and Drug-Free Youth

Texans for Safe and Drug-Free Youth is the state’s leading organization working to end underage alcohol, tobacco, and other drug use. Founded in 1997, with funding from the Robert Wood Johnson Foundation administered by the American Medical Association, the statewide coalition builds on the strengths and successes of its longtime identity, Texans Standing Tall, while bringing new focus and energy to its mission of creating healthier and safer communities. More information can be found at http://txsdy.org.

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