Page 7 - Beverage MasterAug Sept 2020_Rev

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.

Carry-Out

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
NOT OPEN OR REMOVE SEAL WHILE IN TRANSIT.”
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
pickup.

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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