State Closures & Emergency Rulemakings
ALABAMA

Legislative Session: The regular session adjourned on May 18. A special session in the fall is expected.

 

Restaurant and Bars Closures: On March 19, 2020, Gov. Ivey and the Department of Health issued a Public Health Order that included a statewide ban on all restaurants, bars, breweries or "similar establishments" from offering from on-premises consumption of food or drinks but food take-out and delivery is allowed.

 

Re-Open On-Premise: Starting May 11, restaurants, bars, and breweries may reopen as long as parties are limited to eight patrons and maintain six feet from other parties.

 

Essential Businesses: On April 3, 2020, Gov. Ivey issued a Stay at Home Order closing all non-essential businesses until April 30. The order deemed essential: “supermarkets, food and beverage stores, including liquor stores,” restaurants and bars, and “warehouse, distribution and fulfillment centers.”

 

Retail Store Closures: The state closed 78 of the 170 state-owned ABC liquor stores. The stores remaining open are operating under restrictive guidelines such as permitting only five customers at a time. The emergency order allows curbside sales (see below).

 

Alcohol Delivery Laws: No off-premise/retailer delivery permitted.

 

Emergency Rulemaking:

  • On-Premise To-Go/Curbside Pickup: Effective March 18, 2020, the Alabama ABC issued a temporary order allowing restaurants and bars with a valid liquor license to sell beer, wine, and liquor in sealed, unopened containers togo via curbside pickup limited to one liter of spirits, 1500ml of wine, and 288 ounces of beer per customer.  
  • Off-Premise Curbside Pickup: The Alabama ABC issued a temporary order allowing locations licensed by the ABC board to sell alcohol for offpremises consumption may sell alcoholic beverages via curbside pick-up that are in the original sealed container and limited to one liter of spirits, 1500ml of wine, and 288 ounces of beer per customer.
ALASKA

Legislative Session: The legislature adjourned on May 20.

 

Restaurant and Bars Closures: Gov. Dunleavy’s mandate closing all restaurants and bars statewide to dine-in services that was set to expire on April 1 was extended indefinitely but is no longer in full effect.

 

Plan to Re-Open On-Premise: Gov. Dunleavy announced a five-phase plan to re-open on-premise the state. Starting April 27, restaurants may open but must keep occupancy to under 25 percent capacity. Bars will remain closed in this phase. Phase 2 will begin on May 8 and will allow restaurants that opened in Phase 1 to expand to 50 percent capacity. Bars will be able to open at 25 percent. Phase 2 began on May 8 and allowed restaurants to expand to 50 percent capacity. The state is now in the final stages on the plan, and all businesses including restaurants and bars are allowed to fully open, with the recommendation to follow safety guidelines. As of May 22, Alaska is in Phase 3 (out of 4) with bars and restaurants fully open in accordance with CDC guidelines.  Full status details here.

 

Essential Businesses: On March 27, 2020, Gov. Dunleavy issued Essential Services and Critical Workforce Infrastructure Order closing or limiting non-essential businessesbusinesses deemed essential include: grocery stores, establishments engaged in the retail sale of food and beverages, restaurants (for carryout and delivery only), “businesses that transport goods to grocery stores, supermarkets, convenience stores” and incorporates the federal Cyber and Infrastructure Security Agency (CISA) guidance which includes: workers supporting groceries and retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Retailer Delivery Laws: Off-premise/retailer delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: The ABC and the Lt. Gov. approved a measure to allow to-go and delivery sales of factory-sealed beer and wine from any bar or restaurant currently licensed to sell such products on premises, with food. The order also applies to breweries and wineries “operating a bona fide restaurant on premise.” The measure expires August 13, 2020.
  • Off-Premise Curbside Pickup: The ABC and the Lt. Gov. approved a measure that would allow curbside pickup of products from liquor stores and other manufacturers, such as breweries.
  • See all pickup and delivery FAQ’s here.
ARIZONA

Legislative Session: The legislature adjourned sine die. A special session is expected to deal with coronavirus-related legislation and the state budget.

 

Restaurant and Bars Closures: On March 30, 2020, Gov. Ducey issued Executive Order 2020-18, a “Stay at Home” Order that closes restaurants statewide except for carryout and delivery. The order expired May 15.

 

Re-Opening On-Premise: Starting May 15, restaurants may resume dine-in service under CDC guidance.  Many bars resumed service in mid-May as well. Many bars resumed service in mid-May as well.

*Re-opening halted: Effective 8pm on June 29, Governor Ducey signed an Executive Order closing bars for on-premise consumption until July 27. Bars will still be able to sell alcohol for pickup, to-go, delivery, and drive through.

 

Essential Businesses: On March 23, 2020, Gov. Ducey issued Executive Order Prohibiting the Closure of Essential Services which lists as essential: restaurants for consumption off-premises; stores that sell alcoholic beverages; and manufacturers, distribution and producers of supply chain-critical products including food and beverage. On Monday March 30, Governor Ducey issued Executive Order 2020-18, a “Stay at Home” Order. The definition of “essential” business remains the same as the previous order.

 

Retailer Delivery Laws: Beer, wine, and spirits retailer delivery allowed and may be executed via a common carrier/motor carrier after obtaining a special license. Restaurants can sell beer wine and spirits in their original containers sealed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: Effective March, 20, 2020, per Executive Order 2020-09 and DLCC Guidance restaurants may sell for carryout and delivery beer, wine, and spirits, including mixed drinks, in sealed containers via its own employees or a delivery service. Restaurant licensees that use pick-up and curb-side services that include alcohol may not be executed by individuals under the age of eighteen.
  • Off-Premise Curbside Pickup: All retail licensees that because of the configuration of their licensed premises cannot sell or deliver spirituous liquor for off-sale consumption without first removing it from the licensed premises will not be disciplined for operating outside of the licensed premises, unless the Department determined that the licensee otherwise violated Title IV. Licensees should use their best judgment to deliver spirituous liquor in a manner that is controlled, direct, and short in distance. Curb-side service will be considered pick-up.
  • Returns: The Department of Liquor Licenses and Control issued guidance on returns that will allow, under certain circumstances, wholesalers to accept returns (for example, if a retailer is going to close and the product will go bad).
ARKANSAS

Legislative Session: The legislature adjourned its session on April 24.

 

Restaurant and Bar Closures: On March 19, 2020, Gov. Hutchinson ordered the closure of all restaurant dining rooms, bars. Restaurants may still offer delivery, drive-thru and carry-out service.  The order has been extended into June, however, restaurants will still be able to resume limited dine-in service as detailed below.

 

Plan to Re-Open On-Premise: Starting May 11, restaurants may resume dine-in service at 33 percent capacity and under social distancing guidelines including the use of face masks for staff and patrons prior to and after their meal. Employees must be screened frequently for COVID-19 symptoms and will be required to wear gloves. Reservations and a special “senior hour” is encouraged, but not required. Gov. Hutchinson stated that “If all goes well, the state would raise that limit to 67 percent in a second phase in the coming weeks and then finally resume 100 percent capacity later this year.” Starting May 18, bar areas within restaurants may reopen while freestanding bars may reopen May 26. As of June 15, Arkansas entered Phase 2 allowing restaurants to increase capacity to 66 percent and a 10-person party limit. The temporary rule allowing on-premise delivery and off-premise curbside pickup will remain effective during the re-opening phase.

 

Alcohol Retailer Delivery Laws: No off-premise/retailer delivery laws.

 

Emergency Rulemaking: On March 19, 2020, the Department of Finance and Administration's Alcoholic Beverage Control Division issued rules:

  • On-Premise Delivery: Restaurants with wine and beer permits to sell and deliver unopened containers of wine and beer with food.
  • Off-Premise Curbside and Delivery: Liquor stores must offer curbside service and delivery and encourage those with drive-thru windows to use those exclusively.
CALIFORNIA

Legislative Session: Assembly resumed on May 4, Senate resumed on May 11.

 

Restaurant and Bars Closures: In March, Gov. Gavin Newsom announced the closure of bars, wineries, night clubs, brewpubs, and restaurants.

 

Re-Open On-Premise: On May 12, Governor Newsom announced that restaurants in counties approved for reopening may resume dine-in service under a strict set of guidelines. Brewpubs, breweries, bars, distilleries, and wineries that do not offer sit-down, dine-in meals may not reopen to on-premise service. The ABC stated that to-go alcohol sales (see below) may continue while restaurants reopen.  The majority of counties (all but 11) were allowed to open for dine in service on May 26.

 

*Re-opening halted: On June 28, due to recent spikes in coronavirus cases, Gov. Newsom ordered bars to close in certain counties including Fresno, Imperial, Kern, Kings, Los Angeles, San Joaquin, and Tulare and recommended closure in Contra Costa, Riverside, Sacramento, San Bernardino, Santa Barbara, Santa Clara, Stanislaus, and Ventura. The mandated closures will continue until new coronavirus cases in each county decrease and meet state and local benchmarks.

 

Essential Businesses: On March 19, 2020, Gov. Newson issued Executive Order N-33-20, a stay at home order, directing the closure of non-essential businesses; per the State Public Health Officer list the following are deemed essential: liquor stores that sell food, restaurant carry-out and quick serve food operations, and employees and firms supporting food, feed, and beverage distribution (including curbside distribution and deliveries), including warehouse workers.

 

Alcohol Delivery Laws: Beer, wine, and spirits retailer delivery allowed.

 

Emergency Rulemaking: The week of April 1, 2020, the ABC issued a Second Notice of Temporary Regulatory Relief temporarily suspending enforcement of additional restrictions related to the following activities: free delivery of alcoholic beverages; delivery hours of alcohol to retailers extended to midnight; certain charitable promotions related to sales of alcohol; and distilled spirits manufacturers providing high-proof spirits for disinfection purposes.

  • On-Premise To-Go and Delivery: The ABC issued a Notice of Temporary Regulatory Relief permitting restaurants to sell beer, wine, and pre-mixed drinks or cocktails, as licensed for on-premise sale, in manufacturer pre-packaged containers for consumption off the licensed premises when sold with a food order for pick-up or delivery.
  • On-Premise Package Sales: The ABC issued a Notice of Temporary Regulatory Relief permitting licensees with on-sale privileges to sell those alcoholic beverages (beer, wine, spirits) for off-sale consumption in manufacturer pre-packaged containers as to which their license permits on-sale consumption.
  • Off-Premise Curbside Pickup: The ABC issued a Notice of Temporary Regulatory Relief suspending any conditions on licenses that prohibit licensees from making sales and deliveries of alcoholic beverages to persons in a motor vehicle or to persons outside the licensed premises through a pass-out window or a slide-out tray to the exterior of the premises.
  • Returns: Notwithstanding any restrictions in sections 23104.1 (wine), 23104.2 (beer), and 23104.3 (distilled spirits), manufacturers and wholesalers may accept returns of alcoholic beverages from retailers. Manufacturers and wholesalers may establish their own parameters for accepting returns, except that they may not require retailers to purchase specific products or quantities of products in the future as a condition to the acceptance of a return of alcoholic beverages.
  • Credit: The order suspends enforcement of the prohibition of extending credit to retailers beyond 30 days. It will be up to the parties to determine appropriate credit terms during this time.  (For detailed information, see WSWA COVID-19 Resources)
COLORADO

Legislative Session:  The legislature is adjourned.

 

Restaurant and Bars Closures: On March, 16, 2020, the Colorado Department of Public Health and Environment issued a Public Health Order 20-22 to prohibit all dine-in and on-premise consumption at bars, taverns, brew pubs, breweries, microbreweries, distillery pubs, wineries, tasting rooms, special licensees, clubs, casinos, and other public places offering alcoholic beverages. The order encouraged the use of carryout, delivery, and drive-through services.

 

Re-Open On-Premise: Starting May 27, restaurants may resume dine-in service at 50 percent occupancy for indoor seating or 50 people, whichever is fewer. Restaurant owners are encouraged to open their windows and to not use the air conditioning to the extent possible.  

*Reopening Halted: On June 30, Gov. Polis announced bars must cease in-person service effective July 2. Bars may sell take-out alcohol, and those which serve food and function as restaurants can continue to do so if patrons remain six feet apart, they are seated with their own party, and do not mingle with other patrons. Polis stated that the closures will remain in effect until the state reaches the next phase of reopening and will occur county by county depending on conditions.

 

Essential Business: On March 25, 2020, Gov. Polis issued Executive Order D2020-017 ordering residents to stay at home except for essential businesses which, according to Amended Public Health Order 20-24 includes grocery stores, liquor stores, restaurants and bars for takeout only, and warehouses/distribution. The Stay at Home Order expired at the end of April.

 

Alcohol Delivery Laws: Beer, wine, and spirits retailer delivery allowed. Beer, wine and spirits manufacturers that are permitted to sell their products to-go may continue to do so via curbside pickup.

 

Emergency Rulemaking:

  • On-Premise Delivery: On March 20, 2020, Gov. Polis announced that restaurants, craft breweries, and bars will be allowed to temporarily deliver alcohol. On April 1, the Colorado Liquor Enforcement Division issued Emergency Regulation 47-1101 and Bulletin 12-03 providing guidance for the delivery and takeout sales of alcohol authorized under the governor’s executive order and clarifying that mixed drinks are permitted so long as they are in a sealed closed container. On April 2, 2020, LED stated that on-premises retailers may not refill and sell alcohol beverages in growlers and crowlers.
  • Returns: On March 13, 2020, the Department of Revenue issued Bulletin 20-02 providing guidance for returns if an event was cancelled due to COVID-19. (For detailed information, see WSWA COVID-19 Resources)
CONNECTICUT

Legislative Session: The legislature adjourned sine die on May 6.

 

Restaurant and Bars Closures: Gov. Lamont ordered the shutdown of bars and restaurants, but take-out and delivery of food may continue.

 

Re-Open On-Premise: Gov. Lamont announced a tentative plan to begin re-opening the state so long as coronavirus hospitalizations continue to decline. Starting May 20, restaurants would be able to re-open outdoor seating. Indoor dining was permitted on June 16. Bars are not yet allowed to open.

 

Essential Businesses: Effective March 23, 2020, Gov. Lamont’s Stay at Home Order closed all non-essential businesses - liquor/package stores and manufacturer permittees and wholesalers were deemed essential. 

 

Alcohol Delivery Laws: Beer, wine, and spirits off-premise delivery allowed.

 

Emergency Rulemaking: On March 20, 2020, the Department of Consumer Protection issued an order implementing rules and procedures extending alcohol sales to the following licenses: LIR, LRW, LRB, LCA, and LIT.

  • On-Premise To-Go: Businesses may sell sealed containers (as received by the wholesaler) of alcoholic liquor consistent with the alcohol types that they are currently permitted to sell on-premise based on their permit type, and only if it is part of a take-out order that is being picked up by the customer that includes food prepared on premises. Curbside pick-up adjacent to the permit premises is allowed if there is no municipal ordinance to the contrary.

    Governor Lamont issued a clarification to Executive Order Nos. 7G, 7T and 7MM, which address the sales of alcoholic beverages by certain liquor permittees.  His statement modified to allow for the sale of closed or sealed containers of alcoholic beverages, including mixed drinks, so long as: (i) the sale of such alcoholic beverages is allowed under the permit type held by the business; (ii) all other conditions of the sale meet the requirements of the Governor’s executive orders; and (iii) the sale is consistent with local or municipal open container ordinances or other requirements.
  • Supplier To-Go: Certain manufacturers may remain open to sell their product for off-premise consumption.
  • Credit: On April 1, 2020, Gov. Lamont issued Executive Order 7S allowing for extended credit provisions (up to 90 days) for on-premise businesses. 
DELAWARE

Legislative Session: The legislature reconvened May 26 with a plan for each chamber to convene virtually once a week and mainly consider budget and COVID-19 measures.

 

Restaurant and Bar Closures: On March 17, 2020, Gov. Carney modified his emergency declaration to limit Delaware restaurants, taverns and bars to food take-out and delivery service only. The suspension will be lifted immediately upon the recession on the State of Emergency. Governor Carney extended the State of Emergency Order.

 

Re-open On-Premise: Restaurants were allowed to re-open June 1 under Phase 1, subject to limitations such as 30% capacity limits.

 

*Re-opening Halted: The state was slated to begin Phase 3 on June 29, but Governor Carney has announced this is indefinitely delayed as of June 25.

 

Essential Businesses: Per Gov. Carney’s Stay at Home Order, starting Tuesday, March 24, 2020, all non-essential businesses must close. The order listed as essential “Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers” as well as “beer, wine, and liquor stores” and may remain operational. On April 1, Gov. Carney further modified the order to instruct businesses to only allow not more than 20% of fire capacity in the store at any given time.

 

Alcohol Delivery Laws: No retailer delivery statute.

 

Emergency Rulemaking:

  • On-premise To-Go and Delivery: On March 18, 2020, Governor Carney announced that businesses with a valid on-premise license to sell alcoholic beverages may sell alcohol beverages as part of transactions for take-out, drive-through, and delivery food service so long as the cost for alcohol does not exceed 40% of the establishment’s total sales transaction.
DISTRICT OF COLUMBIA

Legislative Session: The council is in session remotely.

 

Restaurant and Bars Closures: On March 16, 2020, Mayor Bowser ordered all DC restaurants and taverns to cease table seating until April 1 but may continue food delivery and carry-out operation. On Wednesday, March 18, the District of Columbia ABC adopted (First) Notice of Emergency Rulemaking prohibiting the sale of alcoholic beverages for on-premises consumption. The rulemaking incorporated emergency legislation by the DC Council authorizing on-premise licensees to deliver alcoholic beverages with a food order (see below).

 

Re-Open On-Premise: Starting May 29, restaurants and bars may reopen for outdoor seating only. No more than six people can be seated together, and all tables must be at least six feet apart. Businesses can continue to offer food and drinks for takeout as well. Beginning June 22, indoor seating will be allowed as long as it is limited to 50% capacity.

 

Essential Businesses: On March 24, 2020, Mayor Bowser issued Order 2020-53 that directed the closure of all non-essential businesses; business deemed essential include: alcohol wholesalers, restaurants (for delivery/carryout only), and liquor stores. Mayor Bowser’s March 30 Executive Order 2020-054 expands stay at home limitations and duration, but does not make changes to businesses already deemed essential. Mayor Bowser has stated that the order will be lifted on May 29.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise Delivery and To-Go: On March 17, 2020, through emergency legislation, the DC Council enacted a bill allowing restaurants or bars, upon registration, to offer closed containers of beer, wine, including growlers and crowlers spirits, and mixed drinks for to-go and delivery with the purchase of at least one prepared food item. There is no maximum for how much alcohol can be sold. Deliveries and carryout are allowed from 7 AM to midnight. On March 25, 2020, the District of Columbia ABC issued Notice of Second Emergency Rulemaking that extended delivery of alcohol privileges with food orders to hotels, multipurpose facilities, and clubs. 
FLORIDA

Legislative Session: The legislature adjourned on March 19 per regular session calendar. 

 

Status of Stay at Home Order: Expired

 

Restaurant and Bars Closures: On March 20, 2020, Gov. DeSantis issued Executive Order 20-71 closing all restaurants and bars for dine-in service though carryout and delivery service may continue (see below for changes to alcohol delivery laws).

 

Re-Open On-Premise: Starting May 4, Executive Order 20-112 permits restaurants, except for those in Broward, Miami-Dade, and Palm Beach counties, to resume dine-in service. Indoor seating must be limited to 25% occupancy, while outdoor seating must be arranged with six-feet between tables. Parties of over 10 are not permitted and bar seating is not permitted. Bars and clubs may not resume on-premise consumption. Effective May 18, restaurants in Miami-Dade and Broward Counties may resume dine-in service. Many localities have their owns stay at home orders.  See a comprehensive list here.  As of June 5, Bars and Restaurants could operate at 50% capacity indoors.

 

*Re-opening Halted: On Friday, June 26, the state immediately halted (via an announcement by the DBPR) all on-premise sales of alcohol from bars. Bars can continue to sell alcoholic beverages in sealed containers for off-premise consumption.  The order applies to establishments that derive more than 50% of gross revenue from the sale of alcoholic beverages. Restaurants can continue to operate for on-premises consumption of food and beverages at tables so long as these vendors derive 50 percent or less of gross revenue from the sale of alcoholic beverages for on-premises consumption.

 

Essential Businesses: On April 1, 2020, Gov. DeSantis issued a “Stay at Home” order for the whole state. The order follows the federal DHS-CISA Guidance identifying essential business on essential businesses including workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers. The governor made it clear that the order is directed at individuals, not businesses, so “non-essential” businesses are not being ordered to shut down.

 

Alcohol Delivery Laws: Beer, wine, and spirits off-premise/retail delivery allowed and may be executed via a third-party service.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: On Friday, March 20, 2020, Gov. DeSantis issued Executive Order 20-71 that lifts restrictions currently in statute to allow for on-premise businesses to sell / deliver alcohol in manufacturer sealed containers along with food takeaway or delivery orders. Delivery may be executed via a licensed third-party service. Mixed drink sales are not permitted. See FAQs. On May 5, Gov. DeSantis stated: “I allowed (restaurants) to deliver alcohol, I think that’s been pretty popular. We’re probably going to keep that going, maybe we’ll have the legislature change the law on that, but I think that that’s been good.”
  • Returns: On Friday, March 20, Governor DeSantis issued Executive Order 20-71 that provides that vendors may request the return of products for the limited purpose of allowing licensed vendors of alcoholic beverages to request the return of undamaged alcoholic beverages purchased for events cancelled in response to COVID-19. (For detailed information, see WSWA COVID-19 Resources)
  • Excise Tax: The Department of Revenue issued an emergency order to extend certain filing deadlines for Florida businesses.
GEORGIA

Legislative Session: Session reconvened on June 15.

 

Restaurant and Bars Closures: On April 2, 2020, Gov. Kemp issued Executive Order 04.02.20.01, a Shelter in Place Order ordering all restaurants to cease dine-in services, takeout and delivery are permitted.

 

Re-Open On-Premise: Gov. Kemp’s Reviving A Healthy Georgia Order (04.23.20.01) permits restaurants and dining services to resume dine-in service on April 27 so long as it follows a list of 39 measures to mitigate COVID-19 exposure. On May 12, Gov. Kemp relaxed occupancy limits increasing capacity to 10 patrons per 300 square feet (up from 10 patrons per 500 square feet) and the number of patrons allowed per table from six to 10.Governor Kemp has extended the state of emergency until July 12, but announced that bars and nightclubs can reopen on June 1 with some restrictions. As of June 16, restaurant occupancy and party size limits were completely lifted and bar capacity was increased to 50 people or 35 percent total capacity. Additionally, buffets may reopen if an employee serves the patron and at restaurants, banquet halls, and private event facilities employees are no longer required to wear masks unless engaging directly with patrons.

 

Essential Business: On April 8, 2020, Gov. Kemp announced that Executive Order 04.02.20.01, a Shelter in Place Order closing all non-essential businesses, will be extended until May 15. The order follows the federal DHS-CISA Guidance identifying essential business on essential businesses including workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: No off-premise/retailer delivery permitted.

 

Emergency Rulemaking:

  • Atlanta On-Premise To-Go: On Friday, March 20, Atlanta Mayor Bottoms signed Administrative Order 2020-07 instructing the Atlanta Police Department to refrain from taking any action to enforce prohibitions against the sale of unopened wine and/or malt beverages by the package for off-premises consumption by restaurants and other eating and drinking establishments that have been mandated to cease dine-in services. The order sunsets after 60 days and does NOT permit off-premise sales of distilled spirits or open containers.  
HAWAII

Legislative Session: The legislature resumed session on June 22.

 

Restaurant and Bars Closures: Bars and restaurants must close to dine-in service and provide only drive-through, takeout, or delivery effective until the end of May.

 

Re-Open On-Premise: On May 18, Gov. Ige laid out a framework that counties may follow for opening more businesses and operations including restaurants. Counties are able to set their own timelines for when certain businesses may reopen.  While the Governor extended the emergency order, he announced on June 10 that the state is transitioning from Safer at Home to the “Act with Care” stage of reopening (page 70 of the order).  This would allow restaurants to open with physical distancing and safe practices. Bars are still closed during this phase.

 

Essential Businesses: On March 23, 2020, Gov. Ige issued a Stay at Home Order effective March 25; the order deemed essential stores that sell alcoholic beverages, restaurants offering food for sale off-premise, and manufacture, distribution, and supply chain for critical products and industries.  The emergency order has been extended through July 31, however, the inter-island travel quarantine is lifted as of June 16.

 

Alcohol Delivery Laws: Off-premise/retailer delivery is determined locally.

 

Emergency Rulemaking: 

  • On-Premise To-Go and Delivery: Subject to Local Guidance
  • Honolulu Guidance:  Delivery and pickup of sealed beer, wine, and premixed cocktails allowed for on-premise with food orders.  See the order here.
IDAHO

Legislative Session: On March 19, 2020, the Idaho Senate voted to end the session and on Friday, March 20, the Idaho House did the same.

 

Restaurant and Bars Closures: On March 25, 2020, Gov. Little issued a stay at home order effective until April 15, 2020 that closed all nightclubs and bars and ordered restaurants to close except for food takeout and delivery.

 

Plan to Re-Open: Effective May 16, restaurants may reopen for dine-in service under social distancing and sanitation standards. The reopening date for bars was moved up to Phase 3, which is slated for May 30.

 

Essential Businesses: On March 25, 2020, Gov. Little issued a stay at home order that closes all non-essential business; the order deemed the following essential: businesses that sell at retail beer, wine, or liquor, restaurants (for carryout/delivery only), and “businesses that supply other Essential Businesses…with the support or supplies necessary to operate.”

 

Alcohol Delivery Laws: No off-premise/retailer delivery statute.

 

Emergency Rulemaking: 

  • On-Premise and Off-Premise To-Go and Delivery (Permanent): The Idaho ABC issued guidance on the to-go sales of beer, wine, and spirits and delivery of beer and wine. To-go and delivery of beer and wine was already permitted prior to the COVID-19 pandemic for certain licensees. The ABC guidance authorizes the sale of mixed drinks for to-go in a closed, sealed containers. All transactions must be pre-paid take place on the licensed premises and be conducted by an employee of the licensee at least nineteen years of age. Delivery may be executed by an employee or a third-party delivery service. The deliverer must verify that the person on the credit/debit card matches the person accepting the alcohol delivery, the person is over twenty-one (21) years of age, and is not actually, apparently, or obviously intoxicated.
ILLINOIS

Legislative Session: The legislature adjourned on May 23 and is expected to return in the late fall for a veto session.

 

Restaurant and Bars Closures: Effective March 16, 2020, Gov. Pritzker ordered bars and restaurants to close until the end of May, but food takeout and delivery is allowed. 

 

Re-Open On-Premise: Starting May 29, except for Chicago, restaurants may reopen for outdoor seating only.

 

Essential Businesses: Effective March 21, 2020, Gov. Pritzker’s Executive Order 2020-8 closed all non-essential businesses. The order deemed as essential businesses: grocery stores, liquor stores, and alcoholic liquor distributors.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed. On-premise licensees may sell for off premise consumption and deliver alcohol if authorized by the Local Liquor Control Commission and if licensee abides by off premises sales rules including selling alcoholic liquor in the original container only.

 

Emergency Rulemaking: On March 20, 2020, the Liquor Control Commission updated its COVID-19 FAQs. On March 19, 2020, the Liquor Control Commission issued Guidance on Temporary Delivery of Alcoholic Liquor that authorizes the delivery of alcoholic liquor under the following conditions:

  • On-Premise To-Go and Delivery: On March 19, 2020, the Liquor Control Commission issued Guidance on Temporary Delivery of Alcoholic Liquor that authorizes all retail licensees, including on-premises only licensees, to conduct packaged sales, “to go” sales, curbside deliveries, home residential deliveries, and any other sale or delivery. All deliveries must be made in the original container and mixed drinks are not permitted.
  • Returns: Beer only return provision; the guidance specifically states "Wine and spirits products are not subject to spoilage during the closure, so are not included."
  • Credit: The Liquor Control Commission issued Guidance on Thirty (30) Day Credit Law Reporting establishing a delinquent retailer dispute process.
INDIANA

Legislative Session: Regular session adjourned March 11 per normal legislative session calendar.

 

Restaurant and Bars Closures: Gov. Holcomb announced on March 16 that all bars and restaurants would be required to close to "in-person" patrons. Takeout and delivery of food services are allowed.

 

Re-Open On-Premise: The Roadmap to Reopen Indiana permits, starting May 11, in counties permitted to advance to Stage 2, restaurants, wineries, and bars that serve food may reopen at 50 percent capacity under social distancing guidelines; bar seating is not permitted. As of June 14, capacity limits were increased to 75 percent occupancy and bars may operate at 50 percent capacity. Temporary alcohol to-go sales (see below) may continue until July 3 while restaurants resume dine-in service.

 

Essential Businesses: On April 6, 2020, Gov. Holcomb signed Executive Order 20-18 that extended the previous stay at home order and further curtailed retail operations. While food and beverage retailers and distributors are deemed essential, liquor package stores are limited to delivery and curbside pickup only. Distribution, fulfillment centers are also considered essential. The order also incorporates the federal Cyber and Infrastructure Security Agency (CISA) guidance on essential businesses that includes workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go: On March 23, 2020, Gov. Holcomb issued Executive Order 20-11 that expands package alcohol carryout privileges (factory sealed containers only and no mixed drinks) to all bars and restaurants. Per the governor’s re-opening order, to-go sales may continue until July 3.
  • Returns: ATC directs individuals to refer to the TTB Newsletter regarding consignment sale guidance.
  • Credit: Indiana State Excise Police will respond to complaints but will not be making the 15-day credit terms for retailers/dealers and wholesalers an enforcement priority.
IOWA

Legislative Session: The legislative session adjourned on June 14.  

 

Restaurant and Bars Closures: Gov. Reynolds’ March 17, 2020 State of Public Health Disaster Emergency moved restaurants to drive-through, carry-out, and delivery only and closed bars.

 

Plan to Re-Open On-Premise: Starting May 1, restaurants in counties that either have no confirmed coronavirus activity or have seen a downward trend in positive cases over the past 14 days may open at 50% of their normal operating capacity. Restaurants cannot seat more than six people at a table and all tables must be at least six feet apart. Restaurants cannot have buffets or other self-serve items. Effective May 15, restaurants in the 22 counties that remained closed may reopen. Starting May 27, bars may reopen. Starting June 12, restaurants, bars, wineries, breweries, and distilleries may reopen or remain open to serve food and beverages on their premises so long as parties are seated six feet apart.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed. Licensees and permittees authorized to sell alcoholic liquor, wine, or beer in original unopened containers for off-premises consumption may deliver alcoholic liquor, wine, or beer to a home, another licensed premises if there is identical ownership of the premises by the licensee or permittee, or other designated location in this state. Deliveries shall be limited to alcoholic beverages authorized by the licensee’s or permittee’s license or permit. (See 123.46A for requirements.)

 

Emergency Rulemaking:

  • On-Premise To-Go/Delivery: The Iowa ABC’s COVID-10 Update announced that Class “C” liquor licensees (taverns, bars, restaurants, etc.) can sell alcoholic liquor and wine in original, unopened containers for carry-out, curb-side pickup, drive-through, or home delivery without obtaining an additional license, permit, or privilege. (Class “C” liquor licensees already have the authority to sell beer in original, unopened containers for off-premises consumption.) The order expires on June 25.
  • Returns: Holders of a retail alcohol license or permit are authorized to return alcoholic liquor, wine, or beer in original, unopened containers to the appropriate wholesaler, provided the wholesaler consents to the return. (For detailed information, see WSWA COVID-19 Resources)
  • Bottle Returns: Under the public health emergency declaration, retailers who engage in the sale of alcoholic liquor, beer, wine, carbonated beverages, and other beverages on which an Iowa beverage container deposit is made are authorized to stop accepting returns of empty beverage containers.

 

To-Go/Delivery Legislation:

  • Enacted, Effective Immediately: HF 2540 authorizes restaurants and bars to sell spirits, including mixed drinks or cocktails, wine, and beer for off-premise consumption. The bill also authorizes native distilleries to sell mixed drinks or cocktails (made with spirits manufactured on the premise) for off-premise consumption. Mixed drinks and cocktails must be sealed with a lid. Further, the bill would allow native wine permitees to sell its wine in containers other than the original container under certain conditions.
KANSAS

Legislative Session: : The legislature adjourned sine die May 22, but returned for a one day special session on June 3.

 

Restaurant and Bar Closures: Per Gov. Kelly's Executive Order 20-16, restaurants are allowed to operate in drive-thru, pickup, or delivery capacity only, and may sell alcohol along with meals.

 

Re-Open On-Premise: Starting May 4, restaurants with dine-in services may begin operating as long as they can keep proper distance between patrons and employ physical barriers as well as sanitary requirements. Bars and nightclubs must remain closed.

 

Essential Businesses: On March 28, Gov. Kelly issued Executive Order 20-16 directing residents statewide to stay home until May 3. Liquor stores and wholesalers have been deemed essential.

 

Emergency Rulemaking:

  • On-Premise Curbside Pickup: The Kansas ABC announced that drinking establishments, class A clubs, and class B clubs may sell bottles of beer or wine curbside. Executive Order 20-27 issued by the Governor on April 22, authorized the sale of cocktails to go. For the duration of this policy only, beer or wine sold in this fashion needs to be opened on the licensed premises and properly sealed but does not need to be partially consumed on the licensed premises. To accommodate such curbside sales, the licensee shall designate specific “to-go” parking stalls or similar locations, which must all be located within a 50-foot radius of the entrance to their licensed premises. The sale of alcohol including payment or delivery occurring outside of the 50-foot radius is strictly prohibited.
  • Off-Premise Curbside Pickup: The Kansas ABC announced that a licensee may make “curbside” sales to customers, subject to all existing provisions. For the duration of this policy only, the payment and physical delivery of the alcoholic liquor may occur on or off the licensed premises; sales to underage individuals, sales below cost, and similar provisions are strictly prohibited.
  • Returns: Per the Department of Revenue’s COVID Memo, if alcoholic liquor was purchased for an event that was subsequently cancelled due to COVID-19 concerns, the return of such alcoholic liquor will be permitted without Director approval and will not be a violation of Federal law regarding consignment sales.
KENTUCKY

Legislative Session:  The regular session adjourned per its normal legislative calendar.

 

Restaurant and Bar Closures: Gov. Beshear ordered that starting on Monday, March 16 all liquor, beer, wine, food, and beverage sales would be restricted to carry-out, delivery, and drive-thru only.

 

Plan to Re-Open On-Premise: Beginning May 22, restaurants may re-open at 33% indoor capacity and 100% outdoor capacity at six feet apart. Gov. Beshear stated that bars and groups of 50 or more are part of phase three and may be able to reopen in July. Starting June 29, restaurants and bars can re-open at 50% capacity.

 

Essential Businesses: On March 22, 2020, Gov. Beshear issued Executive Order 2020-246 closing all non-life sustaining in-person retail businesses and identifying grocery, drug and liquor stores to be essential businesses. On March 25, Gov. Beshear issued a new Executive Order 2020-257 life sustaining businesses designations follow the federal Cyber and Infrastructure Security Agency (CISA) guidance which includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery food operations; and employees and firms supporting food, and beverage distribution, including warehouse workers. The EO also requires all life sustaining businesses to follow social distancing and hygiene guidance from the CDC and KY Department of Health.

 

Alcohol Delivery Laws: Beer, wine, and spirits off premise retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: Under ABC supplemental rules and Senate Bill 150 an on-premise licensee may sell for off-premise consumption any alcoholic beverage, including mixed drinks, that it is ordinarily able to sell for on-premise consumption so long as the alcoholic beverage is in a closed and sealed container, is sold with the purchase of a meal, and not in bulk quantities. Delivery must be made by someone at least 20 years old and in a vehicle owned and operated by the licensee, its employees, or an independent contractor. 
  • Expanded Wholesaler Delivery Times: The ABC issued an order permitting distributor and wholesaler deliveries during times when there are no customers and the fewest number of employees.
LOUISIANA

Legislative Session: The legislature is in a special session, scheduled from June 1 to June 30 to discuss the spending of federal coronavirus aid and the expansion of tax break programs.

 

Restaurant and Bar Closures: On March 16, 2020, Gov. Edwards ordered the closure of bars and restaurants to dine-in patrons. Delivery, drive-through, and take-out are allowed.

 

Re-Open On-Premise: Starting May 1, except for Orleans Parish, customers who order food for carryout may eat it at the restaurant’s outdoor tables. Social distancing guidelines apply to any restaurant’s outdoor seating, and employees interacting with the public need to wear masks or face coverings. Louisiana is in Phase 2 as of June 5 allowing bars and restaurants to reopen at 25% capacity and restaurants allowed to reopen during Phase 1 can increase occupancy to 75 percent.

 

Essential Businesses: On March 22, 2020, Gov. Edwards signed Proclamation No. 33 JBE 2020, a stay at home order, closing all non-essential businesses. The list of essential businesses follows the federal Cyber and Infrastructure Security Agency (CISA) guidance which includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery food operations; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: Beer, wine, and spirits off-premise/retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise Delivery and Curbside Pickup: On a temporary basis the ATC will allow on-premise sales of beer and wine for curbside pickup or delivery. 
  • Signature Upon Delivery Suspended: Distributors will not be required to obtain a direct signature from the recipient of a delivery. Any distributor employee conducting a delivery shall instead be required to legibly print the first and last name of the individual receiving the delivery, and shall also print their own initials next to the recipient’s name.  These policies will continue in effect until further notice.
  • Credit: Credit to bar retailers extended from 15 to 45 days. Full payment due 4/30.
  • Excise Tax: An extension for certain alcohol sales (beer and direct shipped wine) has been granted. 

 

To-Go/ Delivery Legislation: SB 178 (Signed by the Governor on June 8, Effective Immediately): While the state passed its original retailer delivery bill last session, another measure to expand this privilege moved through the legislature recently. SB 178 would permanently allow qualified third-party services to deliver alcohol from on and off premise locations, and would allow for on premise restaurants to deliver or sell for delivery beer and still/sparkling wine. Read a full summary here. 

MAINE

Legislative Session: The legislature adjourned sine die on March 17. The House Speaker said the legislature intended to reconvene as soon as possible based on the best guidance of health officials.

 

Restaurant and Bar Closures: On March 18, 2020, Gov. Mills issued an Executive Order on mandating that all restaurants and bars statewide close to dine-in customers. Take-out, delivery, and drive-through options may continue.

 

Re-Open On-Premise: Starting May 18, except for Androscoggin, Cumberland, Penobscot and York counties, restaurants may resume dine-in service under an extensive five-page checklist. Effective June 15, restaurants state-wide may resume dine-in service and bars and breweries may reopen outdoor service under certain restrictions.

 

Essential Businesses: On March 24, 2020, Gov. Mills issued Executive Order 19 FY 19/20 mandating that all non-essential businesses and operations close their physical locations that are public facing. The order follows the federal Cyber and Infrastructure Security Agency (CISA) guidance on essential businesses that includes workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: Beer and wine retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: The Bureau issued an order allowing bars and restaurants to sell beer, including growlers to-go, and wine for to-go and delivery with the order of food. On April 27 the Bureau updated the order to allow spirit-based cocktails to-go.
MARYLAND

Legislative Session: General Assembly is adjourned.

 

Restaurant and Bars Closures: On March 16, 2020, Gov. Hogan issued an order to close all bars and restaurants as of 5 p.m. on March 16. Takeout and food delivery services are still allowed - including alcohol.

 

Re-Open On-Premise: As Maryland moves from Phase 1 to almost Phase 2, Governor Hogan has announced that bars and restaurants may resume limited business (outdoor) on May 29. Starting June 12, bars and restaurants could begin indoor at 50 percent capacity.

 

Essential Businesses: On March 23, 2020, Gov. Hogan issued an order closing all non-essential businesses throughout the state of Maryland indefinitely; the order deemed as essential businesses “alcoholic beverage stores and distributors, distilleries, and wineries.” This order preempts local prohibitions, but localities may still determine hours of sale, packaging, granting of privileges, etc. Gov. Hogan’s March 30 Executive Order 20-03-30-01 expands stay at home limitations and closures but does not make changes to businesses already deemed essential.

 

Alcohol Delivery Laws: Beer, wine, and spirits retailer delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: On March 19, 2020, Gov. Hogan issued Executive Order 20-03-19-02 to clarify that on-premise licenses are authorized to offer alcohol for carryout and delivery. This order includes permissions for wineries, distilleries, and breweries to sell product for takeout and delivery. 
  • Excise Tax Deadline: Sales and Use Tax payments are not due until June 1.
MASSACHUSETTS

Legislative Session: The legislature is in session.

 

Restaurant and Bar Closures: Gov. Baker extended the prohibition on dine-in service at restaurants and bars is extended until May 18. Delivery and takeout of beer and wine is available for the duration of the Emergency Order, per passage of legislation.

 

Reopen On Premise: Starting June 8, restaurants were able to reopen for outdoor seating only. Starting on June 22, restaurants and bars can open for indoor with certain guidelines. Until revocation of the Emergency order, restaurants maintain beer and wine delivery privileges. A measure to allow delivery of spirits/mixed drinks is under consideration in the legislature.

 

Essential Businesses: On March 23, 2020, Gov. Baker issued a Stay at Home Order requiring all businesses and organizations that do not provide essential services to close their physical workplaces until May 18. The COVID-19 Essential Services list deems essential: liquor stores, restaurants for carryout only, grocery stores, and wholesale/distribution employees.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise Delivery: The Massachusetts legislature passed and Gov. Baker signed a law that allows, effective April 3, 2020 until the end of the state of emergency, on-premise locations to deliver wine or beer with food orders. The measure limit sales to wine and malt beverages sold in sealed containers with a limit of 192 oz. of beer (16 12 oz. beers or 12 16 oz. beers) and 1.5 liters of wine (two standard bottles) per transaction. Wine must be in its original container, but the measure does not make the same stipulation for beer, which opens the opportunity for growler and crowler sales. All sales of alcoholic beverages must be part of a transaction that also includes food. Customers must be 21 years of age or older and all sales are cut off at the hour the restaurant is licensed to sell.
  • Credit: On April 15, 2020, the credit extension for on-premise licensee purchases made after January 18 was extended 120 days.
MICHIGAN

Legislative Session: The legislature is in a one-month recess.

 

Restaurant and Bars Closures: On March 16, 2020, Gov. Whitmer announced the temporary closure of all bars and restaurants beginning on March 16. Takeout and delivery will still be available.

 

Re-Open On-Premise: Starting May 22, restaurants in northern Michigan counties could reopen and subsequently on June 8 restaurants, bars, brew pubs, breweries, microbreweries, distilleries, wineries, and tasting rooms in the rest of the state were allowed to reopen under health and safety guidelines and at no more than 50 percent capacity.

 

Essential Businesses: On March 23, 2020, Gov. Whitmer issued at Stay at Home Order (EO 2020-21) that prohibits all businesses and operations from requiring workers to leave their homes unless those workers are necessary to sustain or protect life or to conduct minimum basic operations. The order follows the federal DHS-CISA Guidance identifying essential business which includes: “Workers supporting groceries, pharmacies and other retail that sells food and beverage products; Restaurant carry-out and quick serve food operations - Carry-out and delivery food employees; Employees and firms supporting food, and beverage distribution, including warehouse workers, vendor-managed inventory controllers and blockchain managers.”

 

Alcohol Delivery Laws: Beer, wine, and spirits off-premise/retailer delivery allowed.

 

Emergency Rulemaking:

  • Spirits Buy Back: Gov. Whitmer announced a spirits buy back program for certain on-premise retailers licensees, upon submitting an application, for spirits purchased but not in escrow prior to March 10, 2020. The spirits must be in the original, unopened bottle, currently listed in the MLCC price book, and not expired. In the first week, 133 buy back applications were processed totaling $540,000 and another $200,000 is in the works to be processed.
MINNESOTA

Legislative Session: The legislature adjourned sine die on May 18, and held a special session in June which has concluded.

 

Restaurant and Bars Closures: Governor Walz signed Executive Order 20-04 to order the temporary closure of Minnesota restaurants and bars to dine-in customers.

 

Reopen On-Premise: Beginning June 1, bars and restaurants will be able to open outdoor spaces. Starting June 10, bars and restaurants could resume indoor dining at 50 percent capacity with a maximum of 250 people indoors or outdoors.   

 

Essential Businesses: On March 25, 2020, Gov. Walz issued Executive Order 20-20, ordering residents to stay at home until May 4; Essential business designations follow the federal Cyber and Infrastructure Security Agency (CISA) guidance on essential businesses that includes workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, and beverage distribution, including warehouse workers. This has been extended to May 17.

 

Alcohol Delivery Laws: Beer, wine, and spirits off-premise/retail delivery allowed.

 

Emergency Rulemaking: 

  • On-Premise To-Go: Gov. Walz signed SF 4489 to allow all establishments with current on-sale liquor licenses to sell a six pack of beer and a bottle of wine for off-premise consumption with a food order. City officials will be able to decide whether to allow local participation.
  • Returns: The Alcohol and Gambling Enforcement Division issued a notice announcing that due to cancellation of many events and required bar closings have created a commercial reason to allow wholesale distributors to pick up on-sale retail alcoholic beverage product, issue the on-sale accounts a credit, and resell the product to off-premise (off-sale) accounts, which are still allowed to operate their businesses. Please consider this approval to cover all needed product returns from affected businesses until the restrictions placed upon them is removed.
MISSISSIPPI

Legislative Session: The legislature reconvened its regular session.  

 

Restaurant and Bars Closures: On April 1, 2020, Gov. Reeves signed Executive Order 1466 a statewide shelter in place order that suspended all dine-in services unless able to reduce capacity to allow no more than 10 people to be gathered in a single space at the same time where individuals are in seated or otherwise in close proximity to each other. The use of drive-thru, carryout, and delivery options are allowed and highly encouraged.

 

Re-Open On-Premise: Starting May 7 bars and restaurants may resume dine-in service at 50 percent occupancy for indoor and outdoor seating and under CDC guidance.

 

Essential Businesses: On April 1, 2020, Gov. Reeves signed Executive Order 1466 a statewide shelter in place order - the order deems essential warehouse, distribution and fulfillment centers, food and beverage stores, convenience stores, and restaurants and bars (but only to the extent that not more than 10 people are gathered in a single space at the same time where individuals are in seated or otherwise in close proximity or for curbside pickup, carryout, or delivery.

 

Alcohol Delivery Laws: No off-premise/retailer delivery laws.

 

Emergency Rulemaking:

  • On-Premise To-Go: Mississippi already allows customers to remove one bottle of wine that was partially consumed during a meal that is resealed and placed in a sealed bag with a receipt showing that a meal was also purchased. The ABC is permitting restaurants to sell a single, sealed bottle of wine sold with a food to-go order in a sealed bag with the receipt showing the purchase of a meal. To-go sales of mixed drinks are strictly prohibited. ​The order is effective until restaurants and bars return to normal business operations.
  • Off-Premise Curbside Pickup: On March 17, 2020, the Department of Revenue adopted a temporary rule permitting package retailers to take orders and payment over the phone or electronically and allow curbside pickup. The order is effective until restaurants and bars return to normal business operations.
MISSOURI

Legislative Session: The legislature reconvened its regular session and is now adjourned.

 

Restaurant and Bars Closures: On March 21, 2020, Gov. Parson signed an order that directs the public to avoid eating in restaurants, bars or food courts, though it allows for drive-through, pickup and delivery service.

 

Plan to Re-Open On-Premise: Starting on May 4, restaurants and bars may resume dine-in service under social distancing guidelines and health requirements. Localities may impose additional requirements.

 

Essential Businesses: On April 3, 2020, the Department of Health issued a Stay at Home Order effective until May 3 that follows the federal Cyber and Infrastructure Security Agency (CISA) guidance on essential businesses including workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery food operations; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers. The State of Emergency order has been extended until June 15.

 

Retailer Delivery Laws: Beer, wine, and spirits off-premise retail delivery allowed and may use third-party delivery services to complete the delivery.

 

Retailer Curbside Pickup Laws: On March 19, 2020, the Missouri Division of Alcohol and Tobacco Control issued an Industry Circular reiterating the state’s curbside pickup and delivery laws: All retail-by-drink licensees are allowed to sell intoxicating liquor in the original package under Section 311.200.5. If a curbside pickup option is provided, licensees must adhere to the delivery guidelines. Only original package products may be sold for off- premise consumption. See below for information on to-go mixed drinks. Payment for all transactions for carryout, pickup, or otherwise, must occur on the licensed premises. Check with your local city or county to make sure there are no local ordinances or requirements that would prevent you from doing the above.

 

Emergency Rulemaking:

  • On-Premise To-Go: On April 14, 2020, the Missouri Division of Alcohol and Tobacco Control issued a Notice of Emergency Suspension of Rule that temporarily allows on-premise licensees to sell pre-mixed drinks for sale with the purchase of a to-go food order. The Industry Circular states that to-go plastic or Styrofoam cups with straws or loose covers are not permitted. The ABC extended the order to June 30, and on June 12, it was further extended until December 30.
  • Returns: On March 13, 2020, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an Industry Circular announcing the authorization of returning products purchased from a manufacturer/wholesaler for temporary events that were cancelled due to concerns about COVID-19. ATC is mirroring TTB’s stance in that we will not consider returns due to licensed events being cancelled for COVID-19 concerns to be a violation. These temporary events would include caterers events, picnic license events, and festival events. This exception does not allow retail-by-the-drink or original package licensees to return their product that would be sold in the normal course of business. We are also reminding manufacturers/wholesalers that they are not required to accept returns of such products.

 

To-Go/Delivery Legislation: SB 600 / HB 1468 (Sent to the Governor on May 27, Check Status Here): SB 600 / HB 1468 (Section 311.199) If signed would make permanent the ability for an on-premise business with a liquor license to sell alcohol to- go/ mixed drinks. The legislation provides that licensees may: sell such intoxicating liquor to a consumer in a container other than the manufacturer's original package, provided that: (1) The intoxicating liquor is in a durable, leakproof, and sealable container that contains one or more standard bottles, pouches, or cans of malt liquor; fifty milliliters or more of spirituous liquors; or one hundred milliliters or more of wine. For purposes of this section, a "standard bottle" is any bottle, pouch, or can containing twelve ounces or less of malt liquor; (2) The consumer orders and purchases a meal at the same time that the consumer purchases the intoxicating liquor; (3) The holder of the license provides the consume r with a dated receipt for the purchase of the intoxicating liquor; and (4) (a) The sealed alcohol container is placed in a separate one -time -use , tamperproof, transparent bag that is securely sealed; or (b) The opening to the sealed alcohol container has been separately sealed with tamperproof tape.

MONTANA

Legislative Session: There is no scheduled Session in 2020.

 

Restaurant and Bars Closures: On Friday, March 20, 2020, Gov. Bullock signed a Directive to close dine-in food service and alcoholic beverage businesses. The order expires at 11:59 p.m. on March 27, 2020, though the date will likely be extended. The places subject to the order are permitted and encouraged to offer food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service.

 

Plan to Re-Open: Restaurants, bars, breweries, and distilleries may begin providing some in-establishment services beginning May 4. As of June 1, restaurant capacity limits was increased to 75 percent occupancy.

 

Essential Businesses: On March 26, 2020, Gov. Bullock issued a stay at home directive ordering the closure of all non-essential businesses; the order deems as essential: grocery stores, liquor stores, restaurants for off-premise consumption, and food and beverage distributors.

 

Alcohol Delivery Laws: No retailer delivery laws in place.

 

Emergency Rulemaking:

  • On-Premise Delivery and To-Go: As part of Gov. Bullock’s Directive and Department of Revenue Guidance a retailer or manufacturer licensed to sell alcoholic beverages for on-premise consumption may deliver for sale the alcoholic beverages for which it is licensed, however, mixed drinks may only be sold via to-go, not via delivery. Delivery must be conducted by the licensee’s employees over the age of 21 and age of the purchaser and recipient must be verified at the time of delivery. The purchased alcohol must be hand-delivered to the purchaser. In offering food or beverage, a place subject to this section may permit up to five members of the public at one time inside for the purpose of picking up their food or beverage orders, so long as those individuals are at least six feet apart from one another while on premises.
  • Returns: The Montana Department of Revenue announced it adopted TTB Guidance on returns for cancelled events.
NEBRASKA

Legislative Session: The legislative session is scheduled to reconvene July 20.

 

Restaurant and Bars Closures: On March 25, Gov. Ricketts amended the Directed Health Measure to add additional counties to the list of restaurants and bars that must close dine-in services and move to takeout, carry-out, or delivery only. Those counties now include:  Lancaster, Dodge, Saunders, Cass, Douglas, Sarpy, and Washington. 

 

Plan to Re-Open On-Premise: Starting May 4, restaurants in 10 of the state's public health districts may resume dine-in service at 50 percent occupancy. Restaurants must maintain social distancing, limit parties to six customers, and employees must wear masks. Effective June 1, bars may reopen subject to the same restrictions as restaurants. Starting June 22, capacity limitations at bars and restaurants were completely lifted.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking: On March 19, 2020, Governor Rickett issued an Executive Order to Provide Relief to Restaurants and Bars during COVID-19 Emergency that makes the following authorizations:

  • On-Premise To-Go, Curbside Pickup, and Delivery: Executive Order 20-06 and an Executive Order 20-09 allow Class I license holders to sell beer, wine, spirits, and mixed drinks in sealed containers to customers placing take-out or delivery orders. Establishments such as pizza parlors (Class A license holders) will be able to sell beer to customers on take-out or delivery orders. To encourage social distancing, restaurants and bars will be permitted to sell alcohol on drive-thru or curbside orders without customers having to exit their motor vehicles.
  • Temporary Operating Permits: Temporary operating permits will be extended from 90 to 180 days.
  • Waiver of Excise Tax Penalties:  Excise tax payees still have the duty to file and pay the excise tax according to statute. However, the executive order will waive penalties for late payments.
  • Credit and Payment: Under normal circumstances, wine and spirit deliveries must be paid within 30 days. The executive order allows an extension, if agreed upon by the parties, as follows: restaurants and bars 90 days to pay for wine and spirit deliveries for the duration of the COVID-19 emergency. The requirement that beer deliveries be paid upon delivery is not changed.
NEVADA

Legislative Session: There was no scheduled session in 2020, however, the Governor has announced that he will call a special session in July.

 

Restaurant and Bars Closures: Starting March 17, all casinos, bars, and restaurants closed to dine-in customers but may offer food takeout or delivery.

 

Re-Opening On-Premise: Starting May 9, restaurants will be able to open for dine-in services at 50% capacity with tables spaced at least 6 feet apart and reservations are required. Effective May 29, bars may reopen subject to the same requirements as restaurants, including 50 percent capacity limits.

 

Liquor Store Closures - Deemed Non-Essential: On Sunday, March 22, 2020, the Governor issued a memo closing all liquor stores, as they are specifically deemed "non-essential." However, beer, wine and spirits sales may continue at other locations such as grocery stores and can be delivered from these locations as well. Governor Sisolak announced that all retail businesses previously deemed non-essential can operate curbside pickup, including liquor stores, which can also deliver to homes.

 

The cities of Henderson and Las Vegas have each issued an order to allow “Time Limited Liquor Permits.”  These enable restaurants with existing on-premise beer, wine, or spirits permits to sell alcohol for which it is already permitted with food orders for curbside pickup.  Henderson specifically states this does not enable delivery. 

 

Wholesalers Deemed Essential Businesses: On April 1, 2020, Gov. Sisolak issued a Directive that expands the closure of non-essential businesses and extends the March 20 Stay at Home order until April 30. This was extended until May 15. The state has not issued guidance on alcohol sales from on-premise locations.

 

Wholesalers are deemed "essential" in Nevada under the March 20 order, as are grocery stores (which can sell beer, wine, and spirits).  

 

Emergency Rulemaking:

  • The cities of Henderson, Las Vegas, and Reno,  have each issued an order to allow “Time Limited Liquor Permits.” These enable restaurants with existing on-premise beer, wine, or spirits permits to sell alcohol for which it is already permitted with food orders for curbside pickup. Henderson specifically states this does not enable delivery.  Las Vegas confirmed that it is allowing the 16 liquor stores in the city to deliver packaged liquor. The city says that grocery stores are also currently eligible to be licensed for delivery of alcohol under certain circumstances. 
NEW HAMPSHIRE

Legislative Session: The Senate is scheduled to reconvene on June 16 and the House on June 30.

 

Restaurant and Bars Closures: Gov. Sununu issued an emergency order stating that until April 7 all restaurants and bars are required to serve patrons only by carry-out, delivery, curbside pick- up, and drive-through methods.

 

Re-Open On-Premise: Starting May 15, restaurants may resume outdoor dine-in service. Tables must be 6 feet apart, only six people can be seated at a table and servers must have cloth face coverings. As of June 15, restaurants could reopen for indoor dining at 50 percent capacity.

 

Essential Businesses: On March 26, 2020, Gov. Sununu issued Executive Order 17, a stay at home order, closing all non-essential businesses effective March 27 at midnight. Exhibit A to the Order deems essential: liquor stores, restaurants for carryout/delivery only, grocery stores, and employees of firms providing services that enable logistics operations including…distributing products for wholesale or retail sale.

 

Alcohol Delivery Laws: Beer and wine retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: On March 18, Gov. Sununu issued Emergency Order 6 that temporarily authorizes take-out and delivery of beer and wine with a food order for businesses that have a restaurant license and an on-premise license. For deliveries, the alcohol must be in its original sealed container and is limited to 192 oz of beer and 1.5 liters of wine. The order is scheduled to expire on May 31.  
NEW JERSEY

Legislative Session: The legislature is in session and conducting business electronically.

 

Restaurant and Bars Closures: On March 21, 2020, Gov. Murphy issued a Stay at Home Order (EO-107) closing all non-essential retail businesses though restaurants may remain open for takeout and delivery only. Whether or not they sell alcohol, private clubs must be closed.

 

Re-Open On-Premise: Restaurants and bars are allowed to open on June 15 under social distance guidelines for outdoor seating.

 

*Re-opening Halted: Governor Murphy has indefinitely halted the planned July 2 reopening of indoor dining at restaurants due to a recent rise in cases.  However, casinos which were set to reopen in Atlantic City on July 2 at 25% may still proceed with their plans.

 

Essential Businesses: On March 21, 2020, Gov. Murphy issued Executive Order 107 closing all non-essential businesses; the order deemed essential: grocery stores, liquor stores, and restaurants (for off-premise consumption only. This order expired on June 9.

 

Retailer Alcohol Delivery Laws: Beer, wine, and spirits off-premise/retail delivery allowed.

 

Emergency Rulemaking: On March 30, 2020, the New Jersey Division of Alcoholic Beverage Control (“ABC”) issued Advisory Notice AN 2020-03 and Special Rule 2020-01 relating to alcohol delivery:  

  • On-Premise To-Go and Delivery: Licensed bars and restaurants, holding either a “32”, “33”, “34” or “36” license may sell alcoholic beverages in original sealed containers from their principal public barrooms for customer pick up or delivery by a licensed entity authorized to transport alcoholic beverages or in a vehicle with a transit insignia. AB 3966 was signed by the governor allowing on-premise, including distilleries, to sell for takeout or delivery a 16-ounce mixed drinks in a sealed container for six months after the end of the emergency order.
  • Off-Premise Delivery and Curbside Pickup: Liquor stores must try to provide pick-up services for orders placed by phone or online. Deliveries must be made using vehicles with a transit insignia or use a licensed entity authorized to transport alcoholic beverages.
  • Manufacturer Curbside Pickup and Delivery: Holders of limited brewery licenses (“11”), restricted brewery licenses (“08”), plenary (“21”) and farm winery (“22”) licenses, craft distillery licenses ("07"), and cidery and meadery licenses ("02") may sell alcoholic beverages in original sealed containers from their tasting rooms for customer pick up during their posted normal business hours. Pick up should be arranged outside or adjacent to the premises.
  • Craft Brewery Delivery: Home deliveries permitted for limited (craft) breweries in a vehicle with a transit insignia. Growlers and crowlers are considered original sealed containers for purposes of off-premises sales by retailers and limited breweries. Delivery of original sealed containers of alcoholic beverages by any of the aforementioned licensees is permitted in accordance with their existing licenses, and all licensees making such deliveries must obtain a transit insignia from the Division or use an otherwise licensed entity authorized to transport alcoholic beverages. Craft distillery delivery is expressly prohibited.
  • Concessionaire Permits: Those holding concessionaire may seek special permission to sell alcoholic beverages in original sealed containers for off-site consumption by demonstrating good cause, as set forth in the concessionaire permit statute.
  • Credit: The ABC signed Special Order 2020-02 extending credit for On Premise Accounts with invoices purchased between 2/23/20 and 3/16/20 will not be due until 5/15/20. See the order for more information.
  • Returns: The ABC signed Special Order 2020-02 authorizing the return of alcoholic beverage products in unopened and sealed cases purchased and/or delivered between February 23 and March 16 for credit.  
  • Bill and Hold: The ABC signed Special Order 2020-02 authorizing wholesalers to store products already in "bill and hold" for a total of 105 days (up from the current 75 days), under its existing contractual arrangements.
NEW MEXICO

Legislative Session: Regular session adjourned per normal legislative session calendar. The legislature reconvened for a special session June 18 and has concluded its business.

 

Restaurant and Bars Closures: Gov. Grisham announced a new emergency order temporarily limiting restaurants in the state to takeout and food deliver. Restaurants and bars still prohibited from offering alcohol to go.

 

Re-Open On-Premise: Restaurants were allowed to operate in a limited capacity with outdoor seating starting May 26 except for some counties. On June 1, restaurants could resume indoor seating at 50 percent capacity. Bar and counter seating are still prohibited; to be served, customers must be seated at tables positioned at least 6 feet apart.

 

Essential Businesses: On April 6, 2020, Gov. Grisham issued Executive Order 2020-022 (changing and extending the March 23, 2020 Stay at Home Order). The new order extended the stay at home order through April 30 and removed the essential status of independent liquor stores (see the ABC letter explanation). Grocery stores and convenience stores remain essential and may still sell alcohol. Also essential are businesses that “ship or deliver groceries, food, goods or services directly to residences or retailers.”  On April 30, Gov. Grisham announced that effective May 1, non-essential retailers may offer curbside pickup. On May 16, a new order will take effect, which will allow non-essential retailers to open for consumers at 25% capacity.  See health department FAQs here.

 

Retailer Delivery Laws: No off-premise/retailer delivery law. A measure was briefly considered during special session to allow delivery, but did not pass.

NEW YORK

Legislative Session: The legislature reconvened.

 

Restaurant and Bars Closures: The Governor issued a Stay at Home order - all non-essential businesses are closed. Restaurants can operate for delivery/takeout only.

 

Re-Open On-Premise: Certain regions of the state (Upstate/Central) began phased re-opening after May 15 if they meet certain benchmarks. As of June 22, NYC is allowing restaurants and bars to reopen subject to strict social distancing guidelines including outdoor seating. On July 1, New York City Mayor de Blasio announced that the city will postpone indoor dining for an indefinite period of time.

 

Essential Businesses: On March 18, 2020, Gov. Cuomo issued Executive Order 202.6 closing all non-essential businesses until May 15– guidance issued by the Department of Economic Development deemed essential food and beverage stores, restaurants for carryout and delivery only, and exempted liquor stores from the rule requiring at least 75% of a business' workforce to work from home.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: The State Liquor Authority (SLA) has revised original emergency allowances for delivery of alcohol by on-premise locations multiple times since it was first contemplated in March. The latest iteration of the guidance (issued at the end of June and in effect until July 26) allows on-premise licensees to sell for carryout or delivery any alcoholic beverage for which they are licensed to sell on-premise (beer/wine/spirits including cocktails) in a closed or sealed container (does not need to be manufacturer original packaging) so long as the sale is accompanied by the purchase of food and subject to municipal open container laws. Deliveries must be made in a vehicle permitted by the Authority (e.g., a third-party delivery service), or a vehicle-owned and -operated, or hired and operated by the licensee or its employee. A copy of the permit or license must be present in the vehicle.  Craft manufacturers may also sell their beer, wine, or spirits for takeaway or delivery, and sell products for which they are licensed already to sell.
NORTH CAROLINA

Legislative Session: The legislature convened its regular session.  

 

Restaurant and Bar Closures: Gov. Cooper ordered restaurants and bars to stop dine-in operations on March 17 but food takeout and delivery may continue.

 

On-Premise Re-Open: Starting May 22, restaurants may reopen at 50 percent capacity and under social distancing guidelines. The legislature passed a measure at the beginning of June to fully reopen bars and restaurants, which was vetoed by the Governor.  Bars remain closed by the Governor’s executive order. The North Carolina Bar and Tavern Association is suing the state to be able to open under the same guidelines as restaurants.

 

Essential Businesses: On March 27, 2020, Gov. Cooper issued Executive Order 121, a stay at home order, closing all non-essential businesses until April 30. The order deems essential: grocery stores, liquor stores, and food and beverage distribution, as well as those businesses identified by the federal DHS-CISA Guidance that includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: Beer and wine retail delivery allowed.

 

Emergency Rulemaking: On March 17, 2020, the North Carolina ABC issued Compliance Guidance for Executive Order 118 to allow:

  • On-Premise To-Go: For businesses with appropriate retail beer or wine permits all sales for off-premise consumption of beer and wine must be for carry-out and in "the manufacturer's original container." The provision in COVID-19 relief bill HB 1043 that would have permitted restaurants to include mixed alcoholic beverages in carryout or delivery orders failed to make it into the final bill.
  • Retailer Curbside Pickup: Retail permittees may deliver beer and wine for off-premise consumption in the manufacturer's original container to vehicles at a curb or a parking space adjacent to the licensed premises without requesting approval of extension of premises from the ABC Commission, while this Executive Order remains in effect. Spirituous liquor sales (and return policies) from ABC stores are determined by local ABC boards.
  • Distilleries To-Go Sales: Distilleries may still sell bottles for off-premises consumption. The ABC Commission will not enforce the requirement of a tour of the distillery before purchasing a bottle.
  • Excise Taxes: North Carolina’s excise tax payments have been postponed until July 15. 
NORTH DAKOTA

Legislative Session: There is no scheduled Session in 2020.

 

Restaurant and Bars Closures: On April 1, 2020, Gov. Burgum issued Executive Order 2020-06.2 to extend until April 30 the closure of bars and restaurants, except for carryout and delivery.

 

Plan to Re-Open On-Premise: Starting May 1, restaurants and bars may remain at 50% capacity. Tables must be six feet apart, tables may not seat more than 10 patrons, standing in bars is prohibited, and dance floors and blackjack tables must remain closed. See Restaurants, Bars, Breweries, Distilleries, Food Trucks Protocols. Starting May 29, this expanded to 75 percent capacity.

 

Alcohol Delivery Laws: No retailer delivery statute.

 

Emergency Rulemaking:

  • City of Fargo: On-Premise Sales: On Monday, March 23, 2020, the Fargo City Council passed an emergency order that authorized licensed restaurants within the City of Fargo that are also licensed for on-sale serving of alcoholic beverages, the sale of sealed cans or bottles of alcoholic beverages to customers taking delivery of prepared food or meals from the restaurant on a “take-out”, “curbside delivery”, “drive-through” or employees of said restaurant or by other lawful means of delivery shall be deemed to be “on-sale” service or sale of such beverages.  Delivery of meals only—without any accompanied sale of alcoholic beverages—may be delivered by agents or third-party meal-delivery-services.
  • City of Bismark: Delivery : On April 17, the City Commission voted to allow restaurants to sell beer and wine with food orders for delivery.
OHIO

Legislative Session: The legislature is in regular session.

 

Restaurant and Bars Closures: Restaurants and bars closed; restaurants may continue take-out and delivery services. By order of the Department of Health, liquor, beer, and wine sales are restricted to carry-out sales and delivery only. The order became effective March 15, 2020, and there is no end date though it will continuously be assessed. The Ohio Division of Liquor Control issued a Bar and Restaurant Closure FAQs for more information.

 

Re-Open On-Premise: Gov. DeWine announced that bars and restaurants may reopen on May 15 for outside dining and May 21 for inside dining. Establishments must adhere to social distancing guidelines, no party larger than 10 patrons may be seated together, employees must wear face masks, and, at the direction of the owner, patrons may be asked to wear a mask. See Mandatory and Recommended Best Practices.

 

Essential Businesses: On March 22, 2020, the Department of Health issued a statewide "Stay at Home" Order that identifies food distribution as "essential infrastructure" and is widely being interpreted to include alcohol distributors.

 

Alcohol Delivery Laws: Beer and wine may be sold for carryout or for delivery; (spirituous) hard liquor is NOT allowed for carryout or delivery by an on-premise account.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: Effective April 7, 2020, per emergency order, on-premise licensee may sell beer, wine, spirituous liquor, and mixed beverages sold in a closed container for off-premise consumption by the individual drink with a to-go or delivered meal. Spirituous liquor drinks cannot contain more than two ounces of spirituous liquor per container and orders are limited to no more than two drinks may be sold per meal.
  • Returns: The Ohio Division of Liquor Control announced on Wednesday, March 18, 2020, that it would permit restaurants to return unopened containers of liquor that might have been stockpiled for St. Patrick’s Day. The policy covers purchases made in the past 30 days. The order also extends to those who may have obtained a temporary permit (F2) for an event scheduled between March 12, 2020 and April 6, 2020, and that event is now cancelled.
  • Spirits Sales to In-State Residents Only: The Ohio Department of Health issued an Order limiting the in-person sale of spirituous liquor in Ashtabula, Trumbull, Mahoning, Columbiana, Jefferson, and Belmont counties to consumers who can provide valid proof of Ohio residency.

 

To-Go/Delivery Legislation: House Bill 666 would allow bars, restaurants, small breweries, micro-distilleries, and wineries (retail permitholders) to sell for off-premise consumption via to-go, curbside pickup, and delivery beer, wine, mixed beverages, and spirituous liquor that it is authorized to sell under its retail permit. Delivery may be executed via a third-party service, including a “food delivery service” that is registered with liquor control. Cannot use a common carrier. The bill allows distilleries to deliver directly to consumers and strikes prohibition on use of an H permittee (common carrier) to do so.

OKLAHOMA

Legislative Session: The legislature adjourned on May 15.

 

Restaurant and Bars Closures: On April 1, 2020, Govt. Stitt issued Seventh Amended Executive Order that prohibits restaurants from offering dine-in service.

 

Plan to Re-Open On-Premise: Starting May 1, dining and entertainment establishments to resume dine-in service under social distancing and sanitation protocols. Starting May 15, bars may reopen with diminished standing room and under social distancing and sanitization protocols. Temporary orders for on-premise curbside pickup and off-premise curbside pickup and delivery (see below) may continue during the reopening phase until May 15.  The Oklahoma Legislature passed a measure to permanently extend on-premise delivery privileges (see below).

 

Essential Businesses: On April 1, 2020, Gov. Stitt issued Seventh Amended Executive Order extending the closing all non-essential businesses until May 16. Essential business designations follow the federal Cyber and Infrastructure Security Agency (CISA) guidance which includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery food operations; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: No retailer delivery statute.

 

Emergency Rulemaking:

  • On-Premise Curbside Pickup: The ABLE Commission issued on-premise sales guidance allowing, until May 15, licensees whose primary purpose is that of a restaurant may sell, during regularly authorized hours, closed original packages of beer and wine only when ancillary to an in conjunction with food sales, and when such sales are completed in a curbside pick-up or drive-through manner only. Deliveries of alcoholic beverages to consumers remain prohibited.
  • Off-Premise Curbside Pickup and Delivery: The ABLE Commission released a letter approving temporarily until May 15 the curbside pickup as well as deliveries by retailers such as package stores, grocers, c-stores, restaurants, bars, small brewers, and small wineries. Retail Package stores can deliver spirits, wine, and beer, whereas the other retailers (restaurants, grocery stores, etc.) may only deliver wine and beer. Only the retailers’ employees may deliver the alcoholic beverages.
  • Returns: The ABLE Commission issued the following guidance on returns providing that a licensed beer distributor, wine and spirit wholesaler, or self-distributor may accept the return of alcoholic beverages ordered by an event licensee if the event was set for March 11, 2020 or after and was cancelled, and the return is completed within 10 days of the cancellation. The order is effective until April 16, 2020.

 

To-Go/Delivery Legislation:

  • SB 1928 (Enacted): SB 1928 would allow for curbside pickup or delivery of wine, beer, and spirits in sealed original containers from liquor stores, beer and wine curbside pickup or delivery from grocery and convenience stores, and curbside pickup or delivery of wine and beer from restaurants, bars, and clubs. Only employees of the licensee may deliver.
OREGON

Legislative Session: Regular session adjourned March 5 per normal legislative session calendar. A special session has been convened.

 

Restaurant and Bars Closures: Gov. Brown announced that starting March 17, 2020 restaurants, bars, and other establishments that offer food or beverages for sale are restricted to carry-out and delivery only with no on-site consumption permitted. On Monday March 23, 2020, Gov. Brown issued a Stay at Home Order (EO 20-12) that prohibits the operation of specific retail businesses. The order permits restaurants, bars, taverns, brew pubs, wine bars to stay open for off-premise consumption only and requires such businesses to implement strict social distancing measures and designate an employee or officer charged with ensuring compliance. 

 

Plan to Reopen: Starting May 15, in approved counties, restaurants and bars may resume dine-in service. Each establishment may determine its own maximum occupancy to maintain social distancing requirements and tables are six feet apart for both indoor and outdoor seating. See specific guidelines. In the first week of June, the governor lifted the 10pm curfew for bars and restaurants allowed to be open.  As of June 19, Portland has allowed bars and restaurants to reopen subject to the guidelines above for Phase I.

 

Alcohol Delivery Laws: Beer and wine off-premise/retailer delivery allowed.

 

Emergency Rulemaking:

  • On-Premise Delivery and Curbside Pickup: The OLCC announced a streamlined application process for existing Limited On-Premises Sales and Full On-Premises Sales Licensees to start selling malt beverages, wine, and cider for to-go and delivery. 
  • Off-Premise Curbside and Delivery: The OLCC approved an emergency rule enabling licensees that currently have an Off-Premises license – or a license that includes Off-Premises Sales Privileges with Same-Day Delivery approval to make delivery of malt beverages, wine and cider to customers at curbside. On April 24, the order was amended to allow in-state distilleries and retail liquor stores to deliver and ship spirits to consumers. Home delivery was already permissible, but with the Commission’s action, the hours for same-day delivery of alcohol have been extended to 2:30 am.
  • Distillery Delivery and Shipment: On April 24, the OLCC issued an order allowing in-state distilleries to deliver and ship spirits to consumers.
  • Returns: The OLCC is providing relief to holders of Temporary Sales License (TSL) by allowing holders of Annual Retail License to return beer, wine and cider.
  • Bottle Redemption: The OLCC will not take enforcement action against Oregon retailers that choose not to redeem empty beverage containers covered under Oregon’s Bottle Bill through May 31, 2020.

 

Local Wholesaler Efforts: The Oregon Beer & Wine Distributors Association sent a joint letter to Gov. Brown, legislators, and the OLCC reiterating that the hospitality sector needs support including temporary measures to deliver alcohol remotely. 

PENNSYLVANIA

Legislative Session: The legislature is in regular session.

 

Restaurant and Bar Closures: On March 16, Gov. Tom Wolf said all bars and restaurants in Pennsylvania would be limited to takeout and delivery beginning at midnight that day. 

 

On-Premise Re-Open: Starting June 5, restaurants could reopen for outdoor dining. Starting June 12, bars and restaurants in counties approved to move to the Green Phase could reopen indoor dining at 50 percent capacity. Effective June 30, in Allegheny County, the on-site consumption of alcohol at bars and restaurants is banned indefinitely. Restaurants and bars will remain open, but alcohol will be takeout only. Gov. Wolf released a statement commending the decision.

 

Retailer Closures: The Pennsylvania Liquor Control Board announced that starting March 17, 2020, all Fine Wine & Good Spirits will be closed; however, according to the PLCB website, customers can purchase online up to six bottles per transaction from a reduced catalogue of about 1,000 top-selling wines and spirits. All orders must be shipped to home or non-store addresses, and only one order per address will be fulfilled per day.

 

On April 20, 2020, the PLCB announced it has begun offering limited curbside pickup service at 176 locations identified in a list published by the PLCB. The stores may accept calls for curbside pickup orders between 9 a.m. and 1 p.m., or until each store reaches the maximum number of orders it can fulfill each day, Monday through Saturday and curbside pickups will be scheduled between 9 a.m. and 6 p.m. within a few days of order placement. Curbside pickup orders will be limited to up to six bottles per order, and credit cards are the only accepted form of payment. 

 

Starting April 27, curbside pickup will be available at 565 locations. As of June 19, Fine Wine & Good Spirits will open an additional 5 stores for a total of 554 stores now open with limited in-store public access.

 

Essential Businesses: Effective April 1, 2020 until April 30, Gov. Wolf’s Stay at Home Order closed all non-essential businesses – “beer, wine, and distilled alcoholic beverage merchant wholesalers” were deemed essential but “beer, wine, and liquor stores” were deemed non-essential.

 

Alcohol Delivery Laws: Beer and wine retailer delivery allowed.

 

To-Go/Delivery Legislation: Gov. Wolf signed HB 327 authorizing restaurants and hotels that lost 25 percent of its average monthly sales due to COVID-19 restrictions to sell prepared beverages and mixed drinks for off-premise consumption with a carryout food order. Licensees must post notices informing consumers that to-go drinks may only be transported by the consumer in the trunk or area of the vehicle not occupied by the driver or passengers. The authorization will continue through the state of emergency and while the licensee is operating at less than 60 percent capacity.

RHODE ISLAND

Legislative Session: The legislature adjourned and will reconvene in July.

 

Restaurant and Bar Closures: Restaurants may operate in delivery, drive through, or pickup capacity only.

 

Re-Open On-Premise: Beginning May 18, and subject to applicable municipal approval, restaurants may begin limited outdoor dining. Groups are limited to five or fewer and tables will be at least 8 feet apart and patrons must make a reservation and will be asked for contact information before being allowed to dine.

 

Essential Businesses: On April 8, 2020, Gov. Raimondo announced that Executive Order 20-13, which closed all non-essential retail businesses is extended through May 8. Liquor stores are deemed essential.  

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go: Executive Order 20-08 permits a Class B Licensee to sell up to two bottles of wine and 144 ounces of beer in original factory sealed containers with takeout food orders. Further Guidance:

    Section 3-7-7 of the Rhode Island General Laws requiring a Class B licensee to sell alcohol for consumption only on the premises shall continue to be suspended. A Class B licensee will now be permitted to sell, with take-out food orders, up to 2 bottles of wine, 144 ounces of beer or mixed beverages in original factory sealed containers, and 144 ounces of draft beer or 72 ounces of mixed beverages containing not more than 9 ounces of distilled spirits in growlers, bottles or other containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was removed or broken, provided such sales shall be made in accordance with Section 1.4.10 of the Department of Business Regulation (DBR) Liquor Control Administration Regulations, 230-RICR-30-10-1 and any guidance or other DBR regulations. Any restaurant, bar or establishment that offers beer, mixed beverages or wine pursuant to this Order must do so in accordance with the social distancing protocols, regulations and guidance set forth by RIDOH
SOUTH CAROLINA

Legislative Session: The legislature adjourned on May 12. A special session regarding CARES act is underway.  Another special session is scheduled for September.

 

Restaurant and Bar Closures: Starting March 18, 2020 all bars and restaurants must close in-house service although takeout and curbside delivery of food is allowed and encouraged.

 

Re-Open On-Premise: Starting May 11, in addition to outdoor seating which was permitted starting May 4, restaurants may resume indoor dine-in service. Phase Two Recommendations suggest that restaurants operate at 50 percent capacity among other restrictions.

 

Essential Businesses: On April 6, 2020, Gov. McMaster issued Executive Order 2020-21 that specifically identifies certain retail businesses as non-essential and thus must close; alcohol stores were not listed as non-essential and may remain operational. The order did identify as essential “Individuals operating commercial vehicles transporting essential goods and products, such as food…”

 

Alcohol Delivery Laws: No off-premise/retailer delivery statute.

 

Emergency Rulemaking:

  • On-Premise To-Go: On March 21, 2020, Gov. McMaster signed Executive Order 2020-12 suspending a portion of the state's liquor law in order to allow restaurants to offer customers the ability to pick up beer and wine in sealed containers, either from within licensed venues or at the curbside.
  • Excise Tax Delay: State Excise Taxes delayed until June 1. Beer, Wine, and Liquor taxes are eligible.

 

Local Wholesaler Efforts: Following the Charleston Shelter in Place Order, the Wine & Spirits Wholesalers Association of SC sent a letter to the Charleston Mayor and all members of City Council requesting that the alcohol supply chain be deemed essential services as well as letters to the mayors and city councils for the other 13 cities in SC most affected by COVID-19. 

SOUTH DAKOTA

Legislative Session: The legislature adjourned on March 30 per regular session calendar. 

Restaurant and Bars Closures: As of March 23, 2020, no statewide closures as the governor does not have that authority; however, on March 23, Gov. Noem issued an Executive Order outlining guidelines for restaurants and retail businesses but does not mandate closure.

 

Alcohol Delivery Laws: No off-premise/retailer delivery statute.

TENNESSEE

Legislative Session: Legislature has adjourned.

 

Restaurant and Bar Closures: On March 22, 2020, Gov. Lee signed Executive Order 17 that closed restaurants and bars to dine-in service but may remain open for drive-through, carryout or delivery (see below for alcohol delivery temporary rules). 

 

Re-Open On-Premise: Starting April 27, restaurants, except for those in the six most populous counties, will be allowed to operate at 50 percent capacity. As of June 12, Restaurants and Bars are allowed to operate if following CDC distancing and sanitization guidelines. Nashville is moving into Phase 3, and due to rising cases, restaurants and bars are limited to 75%.

 

*Re-Opening Paused In Nashville: Bars were shut down over the July 4th holiday weekend in Nashville for at least two weeks. 

 

Essential Businesses: On March 30, 2020, Gov. Lee issued Executive Order 22, a stay at home order closing all non-essential businesses. The order deems as essential stores that sell alcoholic beverages and its supply chain operations. The order also incorporates the federal Cyber and Infrastructure Security Agency (CISA) guidance on essential businesses that includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Governor Lee has issued an updated Stay At Home Order (EO 23) until April 14, on the heels of a report that used cell data to show an uptick in movement around the state. The order requires stay at home UNLESS carrying out essential business.  The final Stay at Home order expired on April 30.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: On March 22, 2020, Gov. Lee signed Executive Order 17 that temporarily allows restaurants to sell for take-out or delivery alcoholic beverages or beer so long as, among other requirements, it is for off-premise consumption and is accompanied by the sale of food in the same order, and is packaged in a closed container.  The ABC Clarified the order with these FAQ’s.  Mixed drinks are allowed to be sold with food orders. The privilege will expire upon the expiration of the state of emergency, now slated for August 29.  
TEXAS

Legislative Session: There is no scheduled session in 2020.

 

Restaurant and Bars Closures: Gov. Abbott closed all restaurants and bars statewide. Restaurants may remain open for delivery and take out. Alcohol may accompany food deliveries or food takeout but must comply with present laws requiring the alcohol to be in a sealed manufacturer container (see below for more information).

 

Plan to Re-Open On-Premise: Starting May 22, except for Deaf Smith, El Paso, Moore, Potter, and Randall counties, restaurants may expand capacity from 25 percent to 50 percent while bars may operate at 25 percent. Starting June 3 and June 12, respectively, bars can open at 50 percent and restaurants can open at 75 percent.

 

*Re-opening Halted:  On June 26  Gov. Abbot temporarily halted all on-premise sales of alcohol at bars.  In order to assist businesses struggling during this time, mixed drinks to go will be allowed.  See below. 

 

After Gov. Abbott tweeted that "Alcohol-to-go sales can continue after May 1. From what I hear from Texans, we may just let his keep going on forever," TABC confirmed that expanded to-go and delivery options, including alcohol-to-go, (see below) will able to continue for now after businesses start reopening. See the Minimum Standard Health Protocols Checklist for all reopening protocol.

 

Essential Businesses: On March 31, 2020, Gov. Abbott issued Executive Order GA-14 ordering residents to stay at home. The Governor’s Stay at Home order expired on April 30.

 

The order follows the federal Cyber and Infrastructure Security Agency (CISA) guidance on essential businesses that includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery food operations; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed via third-party companies. Current state law allows businesses and restaurants that hold a Wine and Beer Retailer's Permit (BG) or a Retail Dealer's On-Premise License (BE) to sell alcoholic beverages to go, including curbside service. Alcoholic beverages sold to go must be in sealed containers (the beverage may be mixed and sealed by the restaurant) and must be permitted for sale under that business' license or permit.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: Gov. Abbott issued a waiver that allows restaurants to offer for pick up or delivery beer and alcohol with food purchases. Deliveries may be conducted by third parties acting as an agent of the MB to make deliveries or independent contractors holding a Consumer Delivery Permit (CD) to make deliveries on their behalf. See the TABC COVID-19 FAQ. guidance, and charts. After Gov. Abbott tweeted that "Alcohol-to-go sales can continue after May 1. From what I hear from Texans, we may just let his keep going on forever." The TABC confirmed that expanded to-go and delivery options may continue for now while businesses begin reopening. 

    On June 27 the governor issued an order to allow restaurants and certain bars with a Mixed Beverage Permit to sell mixed drinks to go and for delivery. Under the waiver, these businesses may sell drinks containing distilled spirits mixed and sealed by the business itself. Previously, mixed drinks to go were prohibited under the Alcoholic Beverage Code. However, the governor's action temporarily waives that law.:  https://www.tabc.state.tx.us/home/press_releases/2020/20200627.asp
     
  • Returns: Governor Abbott directed the Texas Alcoholic Beverage Commission (TABC) to waive certain provisions to allow manufacturers, wholesalers, and retailers of alcoholic beverages to repurchase or sell back unopened product. The buy-back waiver allows alcohol distributors and manufacturers to repurchase excess inventory from restaurants, bars, and clubs affected by event cancellations due to COVID-19. On April 3, 2020, TABC issued additional guidance outlining the temporary waiver allowing repurchase of alcoholic beverages.
  • Credit: On April 2, 2020, TABC announced it will not penalize retailers that fail to make timely payments for cash law purchases from March 1-31, 2020, and credit law purchases from March 1-31, 2020, associated with Delinquent List #1794, and Delinquent List #1795.
  • Excise Taxes: On April 3, 2020, TABC issued an Industry Notice stating that it will not seek to penalize licensees and permittees for late submissions that were caused by some circumstance outside of their control related to the coronavirus pandemic (e.g., short staffed, etc.).
  • Temporary Process for Signing the Invoice: On April 3, 2020, TABC issued an Industry Notice implementing a Temporary Process for Signing the Invoice.
UTAH

Legislative Session: Regular session adjourned March 12 per normal legislative calendar. A special session adjourned on June 19.

 

Restaurant and Bars Closures: The Utah Department of Health banned all dine-in options at restaurants, bars and food establishments statewide. Food options are allowed via curbside, drive-thru, delivery, and pick up at food establishments across the state. The order also created rules for restaurants to check employees for symptoms at the start of each shift.

 

Re-Open On-Premise: Starting May 1, restaurants may resume dine-in service “with extreme precaution.” Utah reopening phases differ county by county based on various metrics. The majority of counties are in the Low-Risk phase, some are in the New Normal Phase, and Salt Lake City remains in the Moderate-Risk Phase. Click here to see each county’s phase status. Under the moderate risk phase takeout, curbside pickup, or delivery options are highly encouraged, but dine-in services are permitted with extreme precaution. In the Low-Risk phase dine-in service and bars are open with tables arrange so there is “appropriate distance between diners”.  In the New-Normal Phase restaurants are encouraged to follow a comprehensive list of best practices focusing on cleaning, hygiene, and symptom monitoring. Read the full guidelines here

 

Alcohol Delivery Laws: No off-premise/retailer delivery permitted.

 

Emergency Rulemaking:

  • Returns: Gov. Herbert ordered the suspension and enforcement until April 1 of Utah Administrative Code R82-2-201, to the extent that the provisions prohibit or strongly discourage the DABC from accepting returns of wine, heavy beer, cream-based spirits or liqueurs, and other distilled spirits.
VERMONT

Legislative Session: The legislature is meeting remotely.

 

Restaurant and Bars Closures: Effective March 17, 2020 Gov. Phil Scott ordered all bars and restaurants to cease dine-in service, but delivery and take-out services may continue.

 

Reopen On-Premise: Starting May 22, restaurants may reopen for outdoor seating only and under social distancing guidelines. Reservations or call ahead seating is required, Members of only 2 households and 10 total people may be seated at the same table, and occupancy is limited to 50 people seated at one time. Starting June 26, in-door seating at restaurants and bars may resume at 50 percent capacity. There must be 6 feet of distance between tables and standing is not allowed.  Operators must limit the total number of customers seated outside at one time to 150 or their maximum licensed seating capacity, whichever is less. Reservations or call ahead seating is required. Read the full guidelines here

 

Essential Businesses: On Tuesday, March 24, Gov. Scott issued Addendum 6 to EO 01-20 directing residents to stay at home order and the closure of non-essential businesses. The order deemed essential: “retail serving basic human needs such as grocery stores, pharmacies, other retail that sells food, beverage, animal feed and essential supplies, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible” as well as the “transportation sector.”

 

Alcohol Delivery Laws: Beer and wine retail delivery allowed for businesses with an off-premise retail delivery permit.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: On March 19, Governor Scott issued Directive 4 permitting “to-go” sales and delivery of beverage alcohol with the purchase of a meal, as well as the delivery of alcohol product by licensed retail stores until April 15, as follows: 1st class licensees (on-premise) are authorized to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off-premise consumption.
  • Off-Premise To-Go/Curbside: On March 19, Governor Scott issued Directive 4 permitting off-premise (2nd class licensees) are authorized to allow for delivery and curbside pickup of unopened containers of spirits, spirit-based product, and malt and vinous product.
  • Beverage Container Redemption: On March 18, 2020, the Department of Environmental Conservation (DEC) announced it will temporarily stop pursuing enforcement action against retailers or redemption centers who fail to redeem beverage containers subject to Vermont’s bottle bill law (10 VSA §1523) until April 30, 2020.
  • Returns: The DLC’s COVID-19 FAQs states that beer and wine wholesale distributors can agree to take back unopened, clean product for account credit. Returns are at the discretion of the wholesale distribution. Additional provisions in place for retailers looking to return spirits to the VT Liquor Agency.
VIRGINIA

Legislative Session: Regular session adjourned per normal legislative session calendar.

 

Restaurant and Bars Closures: On March 23, 2020, Gov. Northam issued a statewide order closing all non-essential business including dine-in service at restaurants and bars though delivery and takeout may continue.

 

Re-Open On-Premise: Starting May 15, except for Northern Virginia counties, restaurants may resume dine-in service with outdoor seating only and at 50 percent capacity. Restaurants in Northern Virginia may reopen two weeks later on May 28. The ABC announced on May 13 that it will be accelerating the process for licensees to receive approval for temporary outside dining areas. Restaurants looking to take advantage of the expedited services must have written approval for temporary outside dining from their local government and must provide a diagram of the outdoor dining area to the Virginia ABC. See more details here. Virginia will enter Phase 3 on July 1, allowing indoor and outdoor seating so long as tables are spaced six feet apart, and buffets may reopen for self-service.

 

Agency Store Reduced Hours: On March 27, 2020, the ABC announced that store hours would be reduced and that any determination of store closures would be done in consultation with the Northam administration.

 

Essential Businesses: Gov. Northam’s March 30 Executive Order 55 expands existing stay at home limitations and duration until June 10, 2020, but does not make changes to businesses already deemed essential including beer, wine, and liquor stores.

 

Alcohol Delivery Laws: Beer and wine retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: The ABC’s COVID Response FAQs and Executive Directive 10 permits businesses with strictly on-premise privileges to sell wine, beer, and mixed beverages in sealed containers for curbside pickup in a designated area (parking lot, etc.), or delivery without needing a delivery permit. Both curbside pickup and delivery must be facilitated by a customer’s electronic order either online, over the phone or through an app. 
  • Off-Premise Curbside Pickup: The ABC’s COVID Response FAQs permits licensees with off-premise privileges, including breweries, farm wineries and wineries may sell products for curbside pickup in a designated area or deliveries to customers’ homes without obtaining an additional delivery permit. Distillery stores may deliver products to customers seated in their vehicle on the premises or in the parking lot of the distillery. See FAQs for specifics. 
  • Distillery Shipment: Distilleries with an existing ABC license as a distillery store can FedEx or UPS their liquor directly to customers for the duration of the coronavirus state of emergency. Only six bottles per distillery, per month, may be shipped to a single customer. Also, no jugs larger than 1.75 liters will be allowed and the distillery must verify the age of the purchaser and require a signature upon receipt.
  • Signature Upon Delivery Suspended: Per Virginia ABC FAQ issued on Monday, March 23: The Authority acting under the abilities granted within Executive Order 51 has made the decision to grant this one time exception to allow a deviation from the regulation in which wholesalers may make deliveries to retail licensees and forgo the requirement to get a retailer’s signature when making a delivery. However, in lieu of collecting the actual physical signature of the purchaser, the wholesaler making the delivery will denote on the invoice the legible full name of the individual that is receiving the delivery as well as their applicable title within the business.
  • Returns: Per the Virginia ABC FAQs issued March 24, the Authority acting under the abilities granted within Executive Order 51 has granted a one-time exception to allow a deviation from the regulation in which wholesalers may pick up wine and beer products from licensees in which their immediate operations have been affected by the Novel Coronavirus (COVID-19). Also, a refund of money associated with that specific pick-up may be given to that licensee by such wholesaler. Any such pick up and refund shall be documented by the wholesaler on the proper invoice. (Ex: Wholesaler pickup of 100 cases of ABC Beer from retailer due to COVID-19 cancellation of XYZ concert, $200 refunded CK#9999 to retailer.)
WASHINGTON

Legislative Session: Regular session adjourned March 12 per normal legislative calendar.

 

Restaurant and Bars Closures: On March 15, Washington Gov. Jay Inslee announced that starting March 17 all bars and restaurants would no longer be able to serve in-person patrons; food takeout and delivery is still available.

 

*Re-opening Halted:  On June 27, Governor Inslee announced that movement into next phases will be indefinitely halted.

 

Plan to Re-Open:  Starting May 12, under Phase 2, restaurants in Columbia, Ferry, Garfield, Lincoln, Pend Oreille, Stevens, Wahkiakum and Skamania counties may resume dine-in service at 50 percent capacity, tables limited to five guests, and under social distancing guidelines. Restaurants must also keep a daily log of patrons and his or her contact information including telephone and emails. As of June 23, 16 counties are in Phase 3 (restaurants at 75% and bars at 25% capacity) and the other counties are in Phase 1 or 2 depending on number of new cases.

 

Essential Businesses: On March 23, 2020, Gov. Inslee issued a “Stay at Home” Order that deems the following as Essential Critical Infrastructure Workers that may remain open: workers supporting…liquor stores that sell food; restaurant carry-out and quick serve food operations – including food preparation, carry-out and delivery food employees; and employees of firms providing services that enable logistics operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. Gov. Inslee extended the Stay at Home order until May 31.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go and Delivery: According to LCB FAQs, Spirit, Beer, and Wine (SBW) Restaurant, Beer and Wine (BW) Restaurant, and Tavern licensees may offer curbside and/or delivery sales of alcohol with the purchase of food as follows: beer in growlers, kegs, or factory sealed bottles and cans and wine in factory sealed bottles. On May 6, the WSLCB announced that effective immediately restaurants with a Spirits, Beer, and Wine License may sell pre-mixed alcoholic drinks for off-premise consumption with the order of a “complete meal” for the duration of the stay at home order. Pre-mixed cocktail must be packaged in a container with a secure lid or cap and in a manner designed to prevent consumption without removal of the lid or cap (see examples here). Delivery may only be made by an employee 21 years or older who holds a MAST permit and the pre-mixed spirits must be transported in the trunk of the vehicle or beyond the immediate reach of the driver.
WEST VIRGINIA

Legislative Session: Regular session adjourned March 7 per normal legislative session calendar.

 

Restaurant and Bars Closures: On March 17, 2020, Gov. Justice mandated that all bars, dine-in restaurants, and casinos within the state close although food carryout and delivery are allowed.

 

Re-Open On-Premise: Starting on May 21, 2020, under week 4 of the Governor’s West Virginia Strong- The Comeback Plan, restaurants may open indoor facilities at 50% capacity. As of May 26, 2020 bars may open outdoor service and indoor facilities at 50% capacity. For both bars and restaurants seating must be six feet apart and guests must maintain social distancing before and after their seating, among other protocols.

 

Essential Businesses: On March 23, 2020, Gov. Justice issued a State at Home Order that deemed alcohol beverage retailers essential businesses as well as “their supply chain and administrative support operations.”

 

Alcohol Delivery Laws: No off-premise/retailer delivery laws.

 

Emergency Rulemaking:

  • On-Premise Delivery: On April 3, 2020, the West Virginia ABC issued an Advisory allowing restaurants and bars licensed as private clubs, private wine restaurants, taverns, and brewpubs may deliver beer or wine in the sealed original container when the owner/employee of the license is delivering take-away food orders. Businesses must verify that the purchaser is at least 21 years old and that the person is not intoxicated. Deliveries of liquor and mixed alcoholic drinks are not allowed.
  • Brewery/Winery Delivery: On April 3, 2020, the West Virginia ABC issued an Advisory allowing Brewers and Resident Brewers may deliver beer in a sealed original container - growlers, bottles, cans or kegs to a person’s home for personal use and consumption. Wineries and Farm Wineries may deliver wine in sealed wine bottles, cans or boxes to a person’s home for personal use and consumption. Distilleries may not deliver spirits.
WISCONSIN

Legislative Session: The legislative session is adjourned.

 

Restaurant and Bars Closures: Per the order of Gov. Evers “Restaurants may remain open for [food] take-out or delivery service only. No seating may be provided, and food may not be consumed in the restaurant. Restaurants must preserve social distancing of six feet between customers during pick up. Hotels and motels may remain open, but their restaurant facilities must comply with these restrictions. Bars must close.” The order is effective for the duration of the public health emergency. The order is effective until May 26, however, the Wisconsin Supreme Court struck down the order on May 13, in a ruling that appeared to be effective immediately. Many bars and restaurants have reopened.

 

Essential Businesses: On March 24, 2020, Gov. Evers announced a Stay at Home Order that directs all nonessential businesses to close; the order deems essential alcohol stores and restaurants (for takeout/delivery only) as well as those businesses identified by the federal DHS-CISA Guidance that includes: Workers supporting groceries, pharmacies and other retail that sells food and beverage products; restaurants - for carry-out and delivery food operations; and employees and firms supporting food, feed, and beverage distribution, including warehouse workers. 

 

Alcohol Delivery Laws: No off-premise/retailer delivery statute.

 

Emergency Rulemaking:

  • On-Premise To-Go and Limited Delivery: On March 20, 2020, Gov. Evers issued an updated emergency order (EO #8) clarifying that on-premise licensees may offer carryout sales or alcohol beverages and food if permitted by state or municipal law. The order prohibits delivery of alcohol beverages to retail customers unless the customer first comes to the licensed or permitted premises to make payment in person.
  • Insurers Must Cover Delivery Services: At the direction of Gov. Tony Evers, Insurance Commissioner Mark Afable ordered insurers operating in Wisconsin to assist restaurants who have begun offering delivery service to customers during the COVID-19 public health crisis. Insurers must cover delivery services for restaurants on personal auto insurance policies and must offer coverage for hired drivers and non-owned automobiles as a rider on a restaurant's general liability insurance if it is requested – both at no extra cost to the policyholders.
WYOMING

Legislative Session: Regular session adjourned March 12 per normal legislative session calendar.

 

Restaurant and Bars Closures: On March 19, 2020, Gov. Gordon issued a statewide Public Health Order closing all restaurants and bars.

 

Re-Open On-Premise: Starting May 15, restaurants may resume dine-in service with indoor and outdoor seating of groups less than six and tables spaced six feet apart, this is set to expire on June 30th. The state's temporary order allowing to-go sales of beer and wine will not be extended past its May 15 expiration.

 

Alcohol Delivery Laws: Beer, wine, and spirits retail delivery allowed.

 

Emergency Rulemaking:

  • On-Premise To-Go: Executive Order 2020-5 (dated March 30, 2020) temporarily permits restaurants and bars to sell beer and wine in its original sealed container up to 750 ml of wine and 48 oz of beer for off-premise consumption via to-go/curbside pickup purchased with a food order so long as the alcohol purchase does not exceed 49% of the total order price. Businesses must notify local law enforcement that they are selling off-premise and provide a menu price list. Completion of the alcohol portion of the sale must occur within the licensed building (or through a phone or internet order directly received within the licensed building). Orders must be placed using a credit card, debit or other electronic payment at the business location. The order expired on May 15.