So what exactly makes this all legit in the eyes of the law? The Texas Alcohol Beverage Commission FAQ page -- for both curious minds and those looking to open their own to-go business -- explains in detail how the loophole works. These shops can’t make the daiquiri with liquor, but they can, however, make it with alcohol. They also need to mix the drink onsite, then package and seal it to go. What allows them to do this is a BG, the TABC code for The Wine and Beer Retailer’s Permit, which allows the sale of alcohol if it’s not stronger than 17% ABV.
That means that the big catch is they’re not actually using hard liquor; instead, it’s a wine-based alcohol that’s flavored using different formulas to taste like rum, tequila, or other spirits. The Miami-based Premium Blend is the biggest distributor of these substitutes, which are fermented instead of distilled, and are thereby classifiable as wine. So, for the faux tequila, they’ll use an agave wine from Mexico, or for vodka, it’ll be Florida orange wine. There’s more -- the law says that if the drink is being sold in a drive-thru, the cup must be topped with a lid and placed in a heat-sealed plastic bag. This is basically the legal equivalent of driving with an opened bottle of beer or liquor -- once you break that seal, it becomes an open container.