Page 8 - Beverage MasterAug Sept 2020_Rev
P. 8

Legal & Marketing

               Maine require mixed drinks to accompany a food       words, one cannot set up a “food truck” type of
               order and Maine and Virginia have limitations on     service for alcoholic beverages.
               the amount of alcohol in the to-go container.
                                                                      The majority of states also require that the
                               Curbside Pickup                      delivery be made directly to a residence or other
                                                                    building.  North Carolina, on the other hand allows
                 In order to keep patrons from congregating inside   breweries and wineries to deliver within 50 miles of
               the tasting room to pick up beer, some states have   the licensed premises and to make deliveries out-
               allowed curbside pickup, where the customer          side a home to any place the customer requests,
               orders the product online or over the telephone      except to other licensed premises.
               and drives to the licensee’s parking lot.  The licens-
               ee then brings the order out to the customer’s car,     In Maine, New Hampshire, and New York, the
               often putting the order in the trunk so there is no   delivery must accompany a food order, though, to
               direct contact between employee and customer.        borrow a phrase from the movie “Pirates of the
               At least Alabama, Alaska, Arizona, Hawaii, Kansas,   Caribbean,” some may be treating that require-
               Maine, Maryland, Missouri, Montana, Nevada,          ment “more as a guideline than an actual rule.”
               New Jersey, Oregon, South Carolina, Vermont, and     Hawaii has four individual county liquor commis-
               Virginia allow curbside pickup.  Tennessee only      sions and liquor control departments.  Three of the
               allows curbside pickup for beer and wine, not spir-  counties have allowed brewpubs to deliver beer
               its.  But, New Mexico expressly forbids it because   along with a food order, the fourth has not, as of
               all sales must be made on the licensed premises,     this writing.
               which does not include the parking lot.
                                                                      Maryland is not only allowing manufacturers to
                                   Delivery                         deliver their own products directly to consumers,
                                                                    but also products from other manufacturers, who
                 Even before the COVID-19 pandemic, Ohio, the       may not have the resources for home delivery.   At
               District of Columbia, and Missouri allowed man-      least two breweries in another Northeastern state
               ufacturers to deliver beer, wine, and spirits to     have teamed up to share their delivery resources,
               consumer’s homes.  Since the outbreak, many          though it is unclear whether there is any official
               other states have followed suit, at least on a tem-  or unofficial approval in that state.  In Ohio, if a
               porary basis, including Arizona, Arkansas, Colorado,  manufacturer also has an “A-1-A” liquor permit,
               Idaho (beer and wine only), Illinois, Indiana, Iowa,   it may sell and deliver other brands of beer, wine,
               Michigan, Montana, Nebraska, New Jersey (beer        spirits, and mixed drinks (though mixed drinks must
               and wine only), Oregon, Vermont, Virginia, and       accompany a food order).
               Washington.  In Oklahoma, the Alcoholic Beverage
               Laws Enforcement Commission was allowing brew-         Some states have also begun to allow breweries,
               eries and wineries to do home delivery in April/May  wineries and distilleries to ship their products to
               2020, but the legislature stepped in and gave that   consumers within their own state using UPS or
               right only to retailers, not manufacturers.  Most    Federal Express (not the U.S. Postal Service).  These
               states that allow home delivery require that the     include at least Vermont, Maryland, New York, and
               delivery be made by an employee of the licensee,     North Carolina.
               not by a third party service.  Idaho, Illinois, and
               New York, however do allow third party services,                 Other Accommodations
               though in Illinois, mixed drinks can only be deliv-
               ered by third party from licensed retailers, not from    When the COVID-19 outbreak began to spread in
               distilleries.                                        the United States and hand sanitizer quickly went
                                                                    out of stock in retail outlets, many distilleries and
                 Most states also require that payment be made      breweries sprang into action.  Licensing commis-
               in advance either over the phone or online.          sions and legislatures scrambled to provide neces-
               California, however, is allowing payment, even       sary approvals for these companies to pivot their
               in cash, to be made at the point of delivery, but    manufacturing activities.  This created a valuable
               will not permit a “mobile sales apparatus” to sell   revenue stream while tasting rooms were closed
               and deliver in real time in a public space.  In other   and provided a service to communities in need of

               6     August - September  2020     BEVERAGE MASTER





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