Page 7 - Beverage MasterAug Sept 2020_Rev
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Legal & Marketing

               bers survive the crisis.  As conditions change in any
               given state, so to do the accommodations needed
               to help the industry.  So, for industry members who
               are in a state where the pandemic is growing, the
               information below may provide suggestions to take
               to state and local officials to seek further accom-
               modations, as needed.


                 Nearly every state is allowing manufacturers to
               sell their products from their licensed premises
               for off-site consumption.  The details, however,
               vary widely.  For example, many states require
               that the carryout alcohol be part of an order for
               food.  Alabama and Montana have limits on the
               amount of alcohol a customer may purchase to-go.
               Maryland, on the other hand, suspended these lim-
               its during the emergency.

                 Most states require carryout alcohol to be in
               “sealed containers,” though even that definition
               varies.  In many states it includes growlers, but in
               Alabama only if the local jurisdiction allows draft
               beer, in Maine only if with a food order and in the
               brewery’s own branded growler, and in Nebraska
               only if the growler has a capacity of no more than
               64 ounces.  In Colorado, a to-go cup with a lid may
               be secured with tape that says: “WARNING: DO
               In Vermont, manufacturers may sell beverages in a
               paper cup with a lid that has a hole for a straw…but
               may not provide a straw.  Nebraska allows these
               cups and straws can be provided, but not inserted
               into the cup on the premises.  In Virginia, due to
               supply chain issues, the state allowed for “alter-
               nate/novel” containers, such as flip-top bottles.
               Missouri originally required “factory sealed” con-
               tainers, but changed the rule in June 2020 to allow
               for “retailer packaged” beverages.

                 The manner of carryout sales varies, too.  In
               Arizona, Montana, and South Carolina, licensees
               are allowed to operate a drive-thru window for
               beverage sales.  But, in Washington State, they can
               have a “walk-up” window, but not a drive-thru.  In
               Wisconsin, the carryout sale must be conducted
               face-to-face, not over the phone or internet for

                 Some states, such as Arizona, Arkansas, Idaho,
               Michigan, Missouri, and Nebraska are also allow-
               ing mixed drinks or cocktails to go.  California and

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