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    Local breweries like Middleton Brewing and Roughhouse Brewing have been impacted by the Texas Alcoholic Beverage Commission’s indecision regarding bar and brewery closures. Pictured are Davy and Alex Pasternak showcasing their beers from Roughhouse Brew
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    Middleton Brewery is back open with food now offered. LANCE WINTER/WIMBERLEY VIEW
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    Roughhouse Brewing re-opened this last weekend. PHOTO BY LANCE WINTER/WIMBERLEY VIEW

Breweries continue to roll with ever-changing orders

It’s like being a victim of whiplash.

That’s what most Texas breweries in the Hill Country are saying in wake of the Texas Alcoholic Beverage Commission’s recent decision to pull the plug on an offer made to help the struggling industry – and then reinstating it a week later.

On July 16, the TABC indicated it was going to ease restrictions for those who could “Modify Your Premises” and expand their out door seating.

“By working with TABC, manufacturing and retail businesses can expand the area where they are licensed to sell alcohol or conduct other licensed activities,” the statement read on TABC’s website. “Why is it important? Especially during the Coronavirus pandemic, this could help a business, like a restaurant, expand outdoor dining.”

It sounded like a good idea to a pair of Hays County breweries. Roughhouse Brewing and Middleton Brewing began immediately ordering food and supplies. The only problem was one week later the TABC rescinded the offer leaving them stymied how to proceed.

“Many of us were going above and beyond, investing more money, purchasing food, buying more furniture to social distance ourselves,” said Davy and Alex Pasternak, owners of Roughhouse Brewing. “Then to shut us down after all that effort … it’s frustrating.”

Then, the Texas Alcoholic Beverage Commission - (TABC) made another move late last Thursday that allowed breweries with open air seating, kitchen, restaurant, or permanent food truck, to reopen under certain circumstances.

“It’s essentially clarifying the calculation,” said Alex Pasternak co-owner of Roughhouse Brewing located between San Marcos and Wimberley. “Given the data, they are requesting starts in April, when we were shut down and only selling to-go beer (which is excluded from the equation). Our on-site alcohol sales looked good. We also have a permanent kitchen so this too, is part of the equation.”

The mandate from TABC to beverage producers with taprooms this time was clear.

If you are a Manufacturer, Distiller, Brewer, or Winery and operate a taproom or tasting room, the 51 percent threshold under GA-28 applies to those dine-in services in the same manner as it does above for retailers. The calculation does not include alcohol sold to go or to another permit or license holder. It does include all food and alcohol sales for on-premises consumption as well as to-go food sales and other merchandise (e.g., T-shirts, glassware). If alcohol sales are grouped with another non-alcohol charge as a package (tour/tasting fees), businesses should segregate the non-alcohol fees and include those in their calculation.

“Breweries can reopen as long as their on-site alcohol, divided by their total on-site sales, excluding distribution and beer to-go, is less than 51 percent...and they have to have a permanent food facility on-site,” Alex added. “This allows us to reopen, but it’s still unfair as a whole. The governor’s executive order to shut down bars isn’t based on safety, and that’s what’s upsetting.”

She said her family are thankful to the community for their support.

“We’re so thankful to all of our customers for coming out and supporting us this first weekend back and for speaking up about the unequal treatment of our industry to local and state representatives, she added. “We will continue to provide an extremely safe onsite experience for everyone with the goal of being an example that it’s not what you’re selling, it’s how safely you’re selling it.”

Just down the road at Middleton Brewery, Carl Rabenaldt said they are suffering from the same indecisiveness brought about by TABC.

“You better print this story quick, because by tomorrow the rules will probably have changed again,” Rabenaldt said.

“It hurts. We try and plan on certain things. We hired someone to pressure wash our patio, bought new umbrellas, we hired someone to come paint ... we’re spending some money. Then they essentially shut us down by rescinding this offer. There’s just no planning at all — it’s very aggravating.”

Rabenaldt said he wrote a letter to the governor’s office asking to simply come out and speak to them and take a tour of places like theirs with outdoor, open air seating.

“It wasn’t an easy process to change our license either,” Rabenaldt said. “It took time.”

But now they are re-opening – again – after the continuous change in interpretation.

“We are excited to be open,” Rabenaldt said. “We are essentially a full service restaurant now with burgers and salads.”

It is a welcome change that offers a lifeline to these businesses that have been significantly struggling.

On its website, the Texas Craft Brewers Guild said the State has already seen at least six craft breweries permanently shut down as a direct result of the pandemic and the ensuing economic crisis; that the outlook looked grim.

“A July survey conducted by the Texas Craft Brewers Guild found that one in three Texas craft breweries believe they will have to permanently close in less than three months without some change to the current shutdown order or new economic relief options,” it read. “Two in three believe they will not make it to the end of the year under current conditions.”

Rabenaldt said it would be “devastating for the industry.”

“Part of growth in an industry is the introduction of competition into that industry,” he said. “Having a lot of craft breweries in Central Texas and the Hill Country makes us an attraction. The allure won’t be here anymore if breweries close permanently.”

Perhaps this latest change is enough to save the once burgeoning industry.

TAP TIMELINE

M i d - March, Gov. Greg Abbott issues executive order closing all restaurants and bars. Many breweries transitioned to curbside pick-up.

Late May, breweries could reopen at 25 percent indoor and 100 percent outdoor capacity limits.

June 26 COVID-19 began to climb, Gov. Abbott issued GA-28, closing all bars and breweries again. Restaurants could operate at 25 percent indoor capacity and 100 percent outdoor. Breweries could continue with to-go sales, but bars were completely closed.

July 17, TABC issued new guidance allowing brewers to remove outdoor spaces from their licensed premises so customers could have their beers to-go, but just “nearby.” Five days later, the TABC rescinds order.

Middleton Brewery

Weekdays 2 – 8 p.m.

Weekends 12 – 10 p.m.

Closed on Tuesdays

Roughhouse Brewing

Wednesday through

Sunday from 12 to 7 p.m.

Wimberley View

P.O. Box 49
Wimberley, TX 78676
Phone: 512-847-2202
Fax: 512-847-9054