June 4, 2024
Retailer permittees (meaning a restaurant, brewery, or a similar type of premises that allows you to drink an alcoholic beverage on site) have traditionally been limited in what they can sell and how they sell it. One sales restriction is selling an alcoholic beverage for carryout or “to-go”. Currently, a retailer permittee, with a few small exceptions, can only sell an alcoholic beverage for carryout if it is sold in the original container, such as a bottle of wine. Traditionally, that means that a “cocktail to-go” has not been typically allowed. On July 1, 2024, the existing carryout privileges will be expanded for retailer permittees, allowing alcoholic beverages to be taken to-go in certain containers other than the original packaging. The carryout law specifically includes mixed drinks and cocktails to-go. The to-go beverage must be delivered directly to the customer on the licensed premises in a “qualified container” for consumption off the licensed premises. There are specific requirements to comply as a qualified container. The permittee must already have carryout privileges or must apply for them if they are eligible.
It will be up to the permittee with carryout privileges to decide for itself if it wants to take advantage of the new law. However, if you are looking for a new cocktail to try out, consider ordering an “Attorney Privilege”: https://imbibemagazine.com/recipe/attorney-privilege-recipe/.
If you have any questions or concerns regarding this or any other alcohol law matter, please contact Rachel Schnetzler or any of the other attorneys at Warrick & Boyn, LLP.