Beverage Alcohol Sales During COVID-19
Due to growing concern over COVID-19 most states have enacted “stay at home” orders that require restaurants and bars to close for on-premise service. Below, DISCUS has compiled information to gather state-by-state guidance on beverage alcohol sales (spirits, beer and wine) during this crisis. Please note that this information is rapidly changing, and MHW will make updates as DISCUS provides them.
- Off-Premise Retailers: All states, except Pennsylvania, have continued to permit retail sales of beverage alcohol. The following forty states have expressly declared that retailers that sell alcohol can be open for business during the emergency: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Washington, and Wisconsin and the District of Columbia.
- Delivery from liquor stores and/or other off-premise retailers was already allowed in 27 states plus DC; in response to COVID-19; 3 additional states are allowing delivery and expanded in 1 state
Already allowed in AK, AZ, CA, CO, DC, FL, HI, IL, IN, IA, KY, LA, MD, MA, MI, MN, MO, NE, NV (Clark County/groceries), NJ, NY, OR, RI, SC, TN, TX, WA; and in response to COVID-19 allowed in AR, IA, OK, and expanded in NV (Clark County/liquor stores in unincorporated areas & Reno/Sparks/Washoe County) - Delivery from restaurants and/or bars – already had been allowed in 3 states; allowed in 13 additional states plus DC and modified in 1 state in response to COVID-19
- Already allowed in IN, NJ, TX; allowed in response to COVID in CA, DC, IA, MD, MO, MT, NV (Reno/Sparks/Washoe County), NE, NY, OH, TN (only restaurants), VT, VA, WA; and modified in TX
- CA (container with secure lid and designed to prevent consumption without removing lid for rest; or manufacturer pre-packaged sealed container)
- DC (original sealed containers and cocktails in closed container (with top, cap, cork, seal, or tab seal; no straw in lid))
- IN (“permissible container”)
- IA (mixed drinks, cocktails and margaritas in container sealed with lid or other method to secure; clear plastic or glass cup or jar with lid strongly recommended)
- MD (sealed container)
- MO (single-use, tamperproof, securely sealed transparent bag; opening sealed with tamperproof tape; no mixed drinks in to-go plastic or Styrofoam cups with straws or loose covers)
- MT (not specified)
- NE (pre-made cocktails and other alcohol beverages sealed with lid or other method to secure)
- NV (manufacturer’s packaging)
- NJ (not specified in current law; in COVID order limited to original container)
- NY (mixed drink placed in closed container)
- OH (closed container not exceeding 2 oz. spirits)
- TN (single serving)
- TX (original container not exceeding 375 ml)
- VT (to go container/cup sealed with lid)
- VA (cocktail in disposable container or single original metal can with secure lid or cap designed to prevent consumption without removing lid or cap; no lid with sipping hole or opening for straw).
- WA (bottle)
Curbside pickup from liquor stores and/or other off-premise retailers – already had been allowed in 5 states; and in response to COVID-19 allowed in 13 additional states and expanded in 1 state
- Already allowed in CO, GA, NV (Clark County/groceries), WA, WY; allowed in response to COVID in AK, AR, CA, CT, IN (only in liquor stores because groceries and box stores are open to public), KS, MI, OR, PA, MS, TN, TX, WI, and expanded in NV (Reno/Sparks/Washoe County)
- Curbside pickup from restaurants and/or bars – not previously allowed in any states; allowed in 12 states plus DC in response to COVID-19
Allowed in response to COVID in AL, DC, IN, IA, KY, MO, MT, NE, NV (Reno/Sparks/Washoe County), TX, VT, WA, WI
- AL (sealed, unopened bottle up to 750 ml)
- DC (original sealed containers and cocktails in closed container (with top, cap, cork, seal, or tab seal; no straw in lid)
- IN (sealed bottle and no mixed drinks)
- IA (mixed drink, cocktail and margarita in container sealed with lid or other method to secure; clear plastic or glass cup or jar with lid strongly recommended)
- KY (unopened and sealed original container)
- MO (original packaged product; no mixed drinks poured and repackaged)
- MT (individual servings; not original package)
- NE (sealed with lid or other means to secure)
- NV (manufacturer’s packaging)
- TX (original container not exceeding 375 ml)
- VT (may be in cup; sealed with lid)
- WA (factory sealed bottle)
- WI (container not specified)
Carry out/Take out from restaurants and/or bars –allowed in 25 states plus DC in response to COVID-19
Allowed in response to COVID-19 in AL, AZ, CA, CO, DC, DE, ID, IL, IN, IA, KS, KY, ME, MD, MT, NE, NV (Reno/Sparks/Washoe County), NJ, NY, OH, OK, SD, TN, VT, VA, WI
- AL (limit 1L of spirits per person)
- AZ (sealed containers including mixed drinks)
- CA (container with secure lid and designed to prevent consumption without removing lid for rest; or manufacturer pre-packaged sealed container)
- CO (sealed alcohol beverages)
- DC (if sold along with prepared food (pending written restaurant-by-restaurant approval by the Alcohol Beverage Regulation Administration)
- DE (alcohol sales cannot exceed 40 percent of the total sales transaction. All other rules and regulations regarding the take-out of alcoholic beverages apply, including that containers must be securely closed)
- ID (mixed drinks in sealed container with tamper proof seal)
- IL (original sealed containers)
- IN (EO 20-11 allows on-premise retailers to sell B,W,S in closed containers for carry-out; EO 20-14 – no carryout of mixed drinks; but it does allow on-premise retailer employee to bring alcohol beverage to area adjacent to permit premise to complete transaction with purchaser – that would include curbside parking if adjacent to retail premise)
- IA (Mixed drinks or cocktails may be sold if sealed with a lid or other method of securing the product and promptly taken from the premises prior to any consumption)
- KS (container must be placed in sealed transparent bag)
- KY (sealed alcoholic beverages, in their original containers)
- ME (in tamper-proof containers and subject to 4.5 oz. spirits limit)
- MD
- MT
- NE (containers are sealed with a lid or other method of securing the product, and not partially consumed)
- NV
- Reno/Sparks/Washoe County: in manufacturer packaging or secure lid to prevent consumption without removal of lid; seal indicating if container has been opened. If not with meal, only direct delivery, including contactless curbside pickup.)
- NJ (in original containers)
- NY (in closed and original containers of any size)
- OH
- OK (in counties with confirmed COVID-19 cases)
- SD
- TN (single servings)
- VT (accompanying food orders)
- VA
- WI
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