A year ago, the law changed in Texas to allow stores to sell beer and wine before noon on Sundays. People who moved to the state never quite understood why grocery stores’ big, elaborate wine and beer sections were out of bounds because of the time on the clock.
The idea of customer convenience was cited most often by the grocery and convenience stores that pushed the Texas Legislature to change the law that banned beer and wine sales on Sunday mornings.
One year later, it looks like everyone is behaving. According to the Texas Alcoholic Beverage Commission, no enforcement issues have come up at stores in Dallas since the law changed.
Stores say they’re no longer losing incremental beer and wine sales, which now start at 10 a.m. on Sundays instead of noon. Since the law changed, total monthly Dallas sales tax collections from grocery and convenience stores are up from a year ago. Groceries aren’t taxed in Texas, but alcoholic beverages are.
Data compiled by the Texas comptroller doesn’t separate sales tax collections by merchandise category. So it’s difficult to say with certainty whether the law change boosted sales.
Still, retailers say they’ve noticed.
“We are seeing some positive increases from the change in the law,” said Kroger spokesman John Votava. “However, the most important takeaway is that the change provided shoppers greater choice on how and when they shop for the items they want.”
Albertsons and Tom Thumb spokeswoman Christy Lara said those couple of hours are no longer a problem time of the week. “We have most certainly seen fewer frustrated customers and less product left behind at the registers on Sunday mornings before noon,” Lara said.
That’s especially true on game days, she said, “as customers are so appreciative they can get the items they need during their pre-game shopping trip.”
Sundays can be big grocery shopping days depending on pro football games. There’s even a well-worn saying in Dallas that if you don’t like crowded grocery stores, go on Sunday when the Cowboys are on TV.
Before the Sunday morning change, long lines at grocery and convenience stores would form at noon and customers would clean out shelves.
The earlier hours help spread out beer and wine sales, said Gary Huddleston, a consultant to the Texas Retailers Association.
The biggest benefit to store employees is not having to explain to customers why they had to wait until noon on Sunday to buy beer and wine. Upset customers had to be told about Texas’ law, and restocking shelves required more labor, Huddleston said.
The largest beverage distributor in Texas said it hasn’t noticed a change from its customers, the retailers.
“In terms of our business on the distribution side, we have not seen any difference in delivery schedules or overall sales differences due to the law change,” said Flint Prewitt, vice president of sales at Fort Worth-based Ben E. Keith’s beverage division, which is also the largest U.S. wholesaler of Anheuser-Busch.
The Texas Package Stores Association, which represents Texas liquor retailers, including the state’s biggest chain, Houston-based Specs, said its stores also haven’t seen a change in buying habits, even though the law change gave a competitive advantage on Sundays to grocers and convenience stores.
Liquor stores aren’t open on Sundays in Texas.
Alcoholic beverage laws are notorious for differing greatly state by state. Alcoholic drinks-to-go from restaurants and bars were made permanent in Texas after the pandemic revealed its popularity with consumers. But Texas is behind on other rules. More than 40 states allow residents to buy vodka, rum, tequila and other spirits seven days a week.
A Walmart-led effort to allow more retailers to sell liquor in Texas is off the table for now.
Walmart has voluntarily withdrawn a lawsuit it filed last summer in Austin challenging a section of the Texas Alcoholic Beverage Code that prohibits publicly traded retailers from owning liquor stores.
It was the second time Walmart battled the Texas law in the courts. It originally filed a lawsuit in 2015 that it won three years later. But the victory was reversed by the 5th U.S. Circuit Court of Appeals in 2019.
Walmart is allowed to sell liquor in more than 30 states, and a spokeswoman said it isn’t giving up on its efforts in Texas.
“We will continue to look for ways to serve our customers in Texas and conveniently provide them with the products they want,” said Lauren Willis, Walmart spokeswoman in Texas.
