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Alcohol To-Go Sales For Restaurants

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05/05/2020 Check out the below information to see the status of alcohol to-go laws in your state.

The Bartender Spirits Awards team did some research and have compiled a list of state-wise legislations regarding updates on alcohol sales for restaurants, distilleries, and retailers. 

We hope this helps you in some way. Thanks to the Wine Institute and Foley Food & Wine Society for compiling such insightful information in one place as a reference.

STATES ALLOWING FOR ALCOHOL BEVERAGES “TO-GO”: 

ALABAMA

Yes. An emergency curbside sales authorization was issued as of March 17, 2020. This emergency rule involves the suspension of the requirement for all sales to occur inside of a building on the licensed premises. The licensee may sell no more than one liter bottle of spirits, two 750 ml bottles of wine, or one case of beer per customer. Allows for temporary delivery of wine and spirits to consumers using curbside pick-up/take-out services. View notice specifics (PDF).

ALASKA

Temporary emergency regulations allowing home delivery for breweries and wineries licensed under Title 4 that have a bona fide restaurant on the premises. Also allows for the curbside pickup of alcohol from restaurants, breweries, distilleries, and retail stores, as well as the delivery of sealed beer and wine from restaurants with food orders. View FAQ here.

ARIZONA

Yes. Restaurants can offer alcohol with food orders with pick-up, delivery, and drive-through operations. In addition, to provide additional assistance to restaurants and bars facing loss due to COVID-19, Governor Doug Ducey announced March 31, 2020, the Arizona Department of Liquor Licenses and Control will defer the payment of all liquor licensing fees by 90 days. Previously, missing a liquor licensing payment period could result in a restaurant’s inability to sell liquor or even the loss of its liquor license. View notice specifics (PDF).

ARKANSAS

Yes. Restaurants may provide delivery of beer and wine with the purchase of food. All alcoholic beverage permits, including Supplier and Wine Shipping Permits, may be renewed until Oct. 28, 2020 without incurring a late fee. Pursuant to the Governor’s March 17th Proclamation the DFA has suspended regulations that would prevent restaurants from delivering wine. View specifics here.

CALIFORNIA

Yes. COVID-19 related guidance for business practices including: enforcement, renewal fees, to-go and delivery sales, and charitable activities and donations. Restaurants may offer beer and wine in a refillable or sealed container with the purchase of food. View specifics.

COLORADO

Yes. Allows on-premise retail establishments  and breweries to sell, delivery or provide alcohol for take-out. The warning label will need to be attached to all Take Out Items of Alcohol Beverages. Allows on-premise licensees to sell mixed drinks in a closed sealed container with food orders for take-out and delivery. On-premise retail establishments can deliver alcohol with the sale of food. View specifics (PDF).

CONNECTICUT

Yes. Permits certain restaurants and other eating establishments to sell alcohol with take-out food orders and certain other licensees to sell for off-premise consumption under conditions specified in the order. Alcohol can be sold by restaurants with the sale of food for pick-up only. Allows for curbside pickup of alcoholic beverages from package stores. Liquor stores are deemed an essential business and can remain open. View specifics (PDF).

DELAWARE

Yes. Restaurants are still permitted to offer carryout and delivery services. Alcohol sales are permitted for carryout only. Governor John Carney issued a second modification to his emergency declaration that allows any restaurant, brewpub, tavern or taproom with a valid on-premise license to sell alcoholic beverages as part of transactions for take-out food or drive through food service. Alcohol sales cannot exceed 40% of the total sales transaction. View specifics.

DISTRICT OF COLUMBIA

The COVID-19 Response Emergency Amendment Act of 2020 included a provision that allows ABC-licensed restaurants and taverns to sell beer, wine, and spirits in closed containers for carry-out and/or delivery to D.C. residences in conjunction with the purchase of one or more prepared food items. Before an eligible restaurant or tavern may sell beer, wine, and spirits in closed containers for carry-out and delivery, they must register with ABRA—no exceptions. Extends beer, wine, and spirits carry-out and delivery privileges to ABC-licensed hotels, multipurpose facilities, private clubs, and food retailers with commercial street footage at the Walter E. Washington Convention Center. All alcohol sales must be accompanied by at least one (1) prepared food item. View specificcs.

FLORIDA

Yes. Allows restaurants to sell alcohol as part of take-out or delivery orders. Restaurants can sell alcohol as part of take-out or delivery orders. Phased re-opening of Florida businesses beginning Monday, May 4, in all Florida counties except for Miami-Dade, Palm Beach, and Broward. Restaurants to open indoor seating at 25% capacity with six-foot distancing between tables and parties no larger than 10. View specifics (PDF).

GEORGIA

Yes. Allows restaurants and other eating and drinking establishments where food is served to offer beer and wine via delivery service, drive-through, or take-out while closed for dine-in services. Grocery stores and restaurants can sell sealed alcohol as carry-out or drive-through only. Starting April 27, 2020, theaters may reopen and restaurants and dining rooms, including those at private social clubs, are allowed to resume dine-in services if they meet certain mandatory criteria to prevent the spread of COVID-19. “Bars, nightclubs, operators of amusement park rides, and live performance venues will remain closed, and the shelter in place order remains in effect through April 30, 2020. View specifics.

HAWAII

Per county guidance, liquor licensees engaged in “to go” meal service may permit the removal of any factory sealed container of wine, beer, or pre-packaged cocktails that are ordered with a meal. Partially opened or “mixed” drinks containing liquor are not permitted. Licensees engaged in meal service may permit the removal of any unconsumed portion of wine, liquor, or beer that was ordered for consumption with a meal, provided the product is recorked/resealed in the original container. At this time, Honolulu is requiring that the product be opened and resealed prior to being provided to the customer even if no product has been consumed. Recorking is available for meals prepared for pick-up or delivery. Allows licensees to sell unopened beer, unopened wine, or pre-packaged cocktails with food for pick up, delivery, take out, or other means to be consumed off the premises, and to enable county liquor commissions to waive, suspend, or postpone any deadlines or administrative procedures. View specifics.

IDAHO

Yes. Licensed retailers may deliver wine and beer. Guidelines for Opening Up Idaho issued April 23, 2020. Stage 2 (May 16- 29, 2020) Restaurant dining rooms can open once their plans have been submitted for approval by local public health districts. Stage 4 (June 13 – 26, 2020) bars and nightclubs may open with diminished standing-room occupancy, where applicable and appropriate. View specifics (PDF).

ILLINOIS

Yes. Licensed retailers may deliver alcohol in the original containers. (Temporary) View specifics (PDF).

INDIANA

Yes. Holders of on-premise permits may sell alcoholic beverages for carry-out consumption. Liquor stores and restaurants, can stay open for take-out, delivery and curbside pickup orders only. Extends carryout provisions for bars and restaurants View specifics (PDF).

IOWA

Yes. Bars, restaurants, and other alcohol retailers may sell alcohol in unopened containers for carry-out, curbside pickup, drive-through, or home delivery. (Temporary). Guidelines for phased opening up restaurants in the 77 counties beginning May 1, 2020.  On-premises dining restrictions for other 22 counties are extended through May 15, 2020.  Bars may not open. View specifics.

KANSAS

Yes. Specific retailers may sell alcohol for curbside pickup only. Allows the sale of alcoholic beverages for carryout consumption and permits the sale of liquor in a container that is not the original container for any establishment holding a class A club license, class B club license or drinking establishment license. The ABC has adopted a policy to allow a licensee to make “curbside” sales to customers.  The memo contains guidelines for such sales.View specifics (PDF).

KENTUCKY

Yes. Restaurants may offer sealed alcohol with the purchase of food for delivery and carry-out. Restaurants that have an active liquor license, that are also doing food delivery or carry out, may also deliver sealed alcoholic beverages, in their original containers to customers. View specifics (PDF).

LOUISIANA

Yes. Restaurants may offer packaged beer or wine with curbside delivery or pickup. On a temporary basis, ATC will allow restaurant permit holders to sell or offer for sale prepackaged beer and/or wine through drive through or curbside pick-up. Any restaurant intending to offer delivery of food with beer or wine by their own employees may submit to the ATC an application for alcohol delivery. ATC will prioritize the processing of all delivery applications. Emergency Order Continuation of LDH Notices and Orders Due to COVID-19 Outbreak issued April 28, 2020, effective May 1 to May 15, 2020. Restaurants will be allowed to open their outside areas for patrons to eat meals only, without tableside service. View specifics (PDF).

MAINE

Yes. Specialty beer and wine stores are considered essential businesses and will remain open. These stores are encouraged to maximize opportunities for curbside pickup and delivery. “Beverage” in the context of the Executive Order was intended to permit the sale by bars and restaurants to include beer and wine in the original manufactures’ sealed containers. The sale of beverages by bars and restaurants must be accompanied by a food order. Effective Apri 27 2020, the definition of beverage will include spirits-based “cocktails to go” and draft beer in “growlers to go”.View specifics (PDF).

MARYLAND

Yes. Restaurants and bars may continue to sell alcoholic beverages with takeout and delivery orders. Restaurants may continue selling food and drink on a carry-out or drive-through basis. View specifics (PDF). Different rules apply to Montgomery County.

MASSACHUSETTS

April 3, 2020, Governor Baker signed a bill authorizing on-premises licensees to sell malt beverages and wine for off-premises consumption for the duration of the Governor’s declared state of emergency. View Specifics.

MICHIGAN

Sort of. Certain licensed retailers may deliver alcohol to your home. Best bet is to inquire with your local restaurant, retail, or bar. View specifics (PDF).

MINNESOTA

On April 17, 2020, Gov. Walz signed legislation allowing takeout sales of beer and wine from bars and restaurants with food orders during the COVID-19 pandemic starting April 18, 2020.
Licensed restaurant establishments can sell the equivalent of a six-pack of beer and a standard bottle of wine without acquiring an off-sale license. View specifics.

MISSISSIPPI

Yes. The ABC will allow permitted restaurants to sell a single, sealed bottle of wine with a to-go order until April 30, 2020. ABC is now allowing restaurants in an LRD to sell mixed drinks in “to-go” cups with curbside pick-up orders. View specifics.

MISSOURI

Yes. Curbside pickup and delivery options are available. Allows non-manufacture-sealed containers to be purchased by customers for take-out with food, subject to certain requirements. View specifics.

MONTANA

Restaurants / bars / breweries / distilleries / casinos can become operational on or after May 4, 2020 under strict physical distancing and reduced capacity protocols in accordance with State guidelines. View specifics.

NEBRASKA

Yes. On-premise liquor license holders may sell alcoholic beverages in the original package to go; however, sale of mixed drinks for take out is temporary. Restaurants will be able to sell beer, wine, and spirits to customers placing take-out or delivery orders. Restaurants and bars will be permitted to sell alcohol on drive-thru or curbside orders. Temporary Operating Permits extended from 90 to 180 days. Waiver of Excise Tax penalties for late payments. Allows restaurants and bars 90 days to pay for wine and spirit deliveries for the duration of the COVID-19 emergency. View specifics.

NEVADA

Restaurants and bars must be closed, except for drive-thru, delivery, curbside or take-out. Due to the ongoing closure to the public of dine-in options at restaurants and other food service establishments, the City of Henderson will temporarily allow curbside alcohol service for certain business license classifications. Las Vegas has created a new temporary permit that will allow restaurants to sell the types of alcohol they are already licensed for with curbside meals.  The city will  only charge the processing fee of $100 per permit. Licensees can apply online and applications will be processed in 1-2 days. View specifics.

NEW HAMPSHIRE

Yes. All establishments with both a restaurant license and on-premise license are temporarily authorized to allow for takeout and delivery of beer or wine. All restaurants, diners, bars, saloons, private clubs or any other establishment that have both a restaurant license and on-premise license from the New Hampshire liquor commission shall be temporarily authorized to allow for takeout or delivery of beer or wine. Stay at Home 2.0 – Re-opening Guidance for Restaurants Effective May 18, 2020 updated May 1, 2020 View specifics (PDF).

NEW JERSEY

Licensed establishments may offer take-out or delivery only and only during regular posted business hours. Absolutely no table or bar service and no on premise alcohol consumption are allowed until further notice. Bars and restaurants must be closed for on-premise service and may provide take-out and delivery service only. Drive-throughs, take-out, delivery offered by restaurants, and other delivery services can continue to operate, but are limited to offering only food delivery and/or take-out services in accordance with their existing liquor licenses. If alcoholic beverages are to be sold from a restaurant, dining establishment or bar with a liquor license, such sales shall be limited to original containers sold from the principal public barroom. All retail sales of alcoholic beverages by limited brewery licensees, restricted brewery licensees, plenary and farm winery licensees (and associated salesrooms), craft distillery licensees and cidery and meadery licensees must be in original containers and must be sold through customer pick up and/or delivered by licensees in accordance with their existing licenses.  View specifics (PDF).

NEW MEXICO

No. Restaurants may only offer takeout and delivery of food. Wineries, brewpubs, craft distillers, and package liquor stores may offer takeout only. View specifics (PDF).

NEW YORK

Yes. Licensed retailers may sell alcoholic beverages in the sealed, original container for takeout and delivery with the purchase of food. Any on-premises licensee and any manufacturing licensee with on-premises retail privileges may sell for off-premises consumption any alcoholic beverages that it is able to sell for on premises consumption under the law. View specifics.

NORTH CAROLINA

Sort of. Licensed retailers may provide curbside pickup for alcoholic beverages if they are in the original, sealed container.  Executive Order No. 135 Extending Stay at Home Order issued April 23, 2020. Extends until May 8, North Carolina’s Stay At Home (Executive Order 121) as well as other orders regarding the closures of restaurants for dine-in service, bars and other close-contact businesses. View specifics.

NORTH DAKOTA

Depends. Depending on your city, it may or may not approve the curbside pickup, to go sale, and delivery of alcohol. The Fargo City Commission has approved this within Fargo City limits for 30 days. Best bet, inquire. View Specifics.

OHIO

Yes. Permit holders may sell beer, wine, and prepackaged mixed beverages in their original, sealed containers for off-premise consumption. Sealed beer and wine products can be delivered by an employee of the permit holder. April 7, 2020, the Ohio Liquor Control Commission passed an emergency rule to allow establishments with an existing on-premises liquor permit to sell and deliver alcohol, including high-proof liquor in limited quantity, for off-premises consumption. View specifics (PDF).

OKLAHOMA

Yes. Until April 17, 2020, delivery of beer and wine products in sealed packages is permitted. Oklahoma will begin implementing a three-phased approach to open its economy back up starting April 24, 2020. Restaurants may begin opening on May 1, 2020. View specifics (PDF).

OREGON

Sort of. Licensees may provide curbside delivery only, but can utilize e-commerce operators (i.e. food-delivery app couriers) for delivery. Liquor stores and distillery tasting rooms may deliver factory-sealed containers of distilled spirits direct to consumer curbside or to their parking lots. View specifics (PDF).

PENNSYLVANIA

No. State-run liquor stores are closed; curbside pick-up or delivery are not permitted as of March 31, 2020. Pennsylvania Liquor Control Board Begins Limited Curbside Delivery Program issued April 20, 2020 Starting April 20, 2020, the PLCB will begin accepting orders by phone for curbside pickup at stores identified in a list published by the PLCB. Pennsylvania Liquor Control Board to Expand Curbside Delivery Program on Monday (April 27, 2020) issued April 24, 2020 Beginning April 27, 2020, 389 more stores will accept orders for curbside pickup. Expanded list of stores offering curbside service. View more details.

RHODE ISLAND

Yes. Restaurants may sell alcohol with pick-up food orders, liquor stores may deliver. View specifics.

SOUTH CAROLINA

Yes. Curbside delivery and pickup of alcohol are available, however, home-delivery is not permitted. Gov. Henry McMaster to Lift “Work-or-Home” Order May 4th issued May 1, 2020 Outdoor Dining Service for Restaurants to Start May 4th. Temporary Outdoor Seating Guidelines View specifics (PDF).

SOUTH DAKOTA

Unlikely. State laws have not changed, and do not permit the delivery of any alcoholic beverages unless the business is in possession of an off-sale delivery license. Best bet, inquire. View Specifics.

TENNESSEE

Sort of. It seems that restaurants are able to sell wine and beer to-go, but currently not liquor or spirits. Restaurants, wine-only restaurants, and limited service restaurants may continue to offer carryout and delivery of alcoholic beverages until May 29, 2020, except as otherwise may be extended by Executive Order. View specifics (PDF).

TEXAS

Governor Abbott Announces Phase One To Open Texas, Establishes Statewide Minimum Standard Health Protocols issued April 27, 2020 Retail stores, restaurants, movie theaters, and malls are permitted to reopen on Friday, May 1, 2o20 at 25%  of their listed capacity. Restaurants that hold a Mixed Beverage Permit may conduct “to-go” alcohol sales as well as alcohol deliveries to consumers. View Specifics

UTAH

No. Alcohol may not be sold to go, per this announcement (PDF).

VERMONT

Yes. Delivery and curbside pickup permitted for wine, beer, and spirits, accompanying food orders. View specifics.

VIRGINIA

Yes. Temporarily allows for the sale of wine or beer in sealed containers for curbside pickup in a designated area (parking lot, etc.), and home delivery.  Allows distillery tasting rooms and restaurants to sell mixed drinks for delivery or takeout. Cocktails shall be packaged in a disposable container or in a single original metal can with a secure lid or cap (lids with sipping holes or openings for straws are prohibited). View specifics.

WASHINGTON

Yes. Spirit, Beer, and Wine (SBW) Restaurant, Beer and Wine (BW) Restaurant, and Tavern licensees will be allowed to temporarily make curbside and/or delivery sales of alcohol under various conditions. View specifics.

WEST VIRGINIA

Yes. Executive order 9-20 states that businesses with Class A Licensees (on-premises bars and restaurants) providing food and beverage [including the sale of sealed wine and beer, if appropriately licensed, for off-premises consumption are essential businesses and “shall remain” open, per the order and may sell alcohol to-go as per usual. The state also classified the following as essential businesses also to remain open: distillers, mini-distillers, wineries, farm wineries, wine suppliers, wine distributors and beer distributors. A Guide to Safely Opening our Restaurants Through Takeaway Service & Outdoor Dining issued April 28, 2020. View Specifics.

WISCONSIN

Yes. Carryout sales of alcohol beverages and food are allowed, if permitted by state law and municipal ordinance. Delivery of alcohol beverages to retail customers is prohibited as of March 25. View specifics.

WYOMING

Yes. The alcohol sale must be made on the same receipt or transaction as the accompanying food sale; total alcohol purchase not exceed 49% of the total pre-tax ticket price of the entire order; Alcohol must be in its original, sealed container, and its provisions, only apply to take-out and/or curbside pickup directly at the licensed business location. The Executive Order set to expire on midnight, April 17, 2020. More specifics.

We hope this helps you in some way. Thanks to the Wine Institute and Foley Food & Wine Society for compiling such insightful information in one place as a reference.