States are cementing the Covid-era push to let consumers buy to-go alcoholic beverages from restaurants and other establishments.
Colorado, Indiana, Maryland, Massachusetts, North Carolina and Virginia enacted laws this year that make the practice permanent. New York’s budget extended to-go cocktails for another five years to 2030.
Delaware is poised to join the list if Gov. John Carney (D) signs a bill legislators passed last month.
Many states temporarily allowed to-go drinks during the Covid-19 pandemic, when people were stuck at home and restaurants were closed to in-person dining. The concept was so popular that more than half of states have now made it permanent.
“While there’s no question that Delaware’s restaurant industry was hit hard by the pandemic, we also learned some great lessons about how we can help those businesses stay competitive in today’s tight labor market,” Delaware Sen. Jack Walsh (D) said in a Facebook post last month announcing final passage of his bill.
Under the Delaware legislation, restaurants, brewpubs, taverns and taprooms would be allowed to sell alcoholic drinks curbside, or via drive through or delivery. The drinks must be in a “securely closed” container and sales are limited to two bottles of wine, six servings of beer or mixed cocktails.
The law would require restaurants to sell the drinks alongside an order of food that costs at least $10.
Maryland’s new law, which Gov. Wes Moore (D) signed in May, is stricter. It allows local governments to charge $1,000 for an alcohol delivery permit. Those who get the permits will only be allowed to deliver beer, wine and spirits in their original, sealed containers.
Colorado Gov. Jared Polis (D) signed a law in May enshrining a pandemic-era policy of allowing restaurants to sell liquor to-go or for delivery.
North Carolina Gov. Roy Cooper (D) signed an omnibus liquor bill this month that included a provision permitting restaurants to sell alcoholic drinks of up to 24 ounces along with a food order. The new law also lowers the tax rate for ready-to-go cocktails.
“With Governor Cooper’s signature, North Carolinians will be able to take a delicious cocktail to-go from their favorite restaurant,” Andy Deloney, senior vice president and head of state public policy for the Distilled Spirits Council, said in a statement. “Additionally, restaurants will see lower taxes on highly popular ready-to-drink cocktails. … Cheers to increased convenience and consumer choice in North Carolina!”
According to the Distilled Spirits Council’s tracking, 29 states and Washington, D.C., allow cocktails-to-go on a permanent basis, while another five states still have temporary rules in place.
Additionally, 16 states plus D.C. allow restaurants and bars to use third-party delivery services for cocktails-to-go. In 21 states, liquor stores and other off-premise retailers can sell mixed spirits beverages via a third-party delivery service.
The Distilled Spirits Council only tracks states that allow to-go sales of cocktails, not beer and wine.
The easing of restrictions has been a boon to delivery apps such as DoorDash, which says 33 states and D.C. now allow third-party platforms to deliver products containing alcohol.
Last year, DoorDash reported a 37% increase in the number of merchants offering alcohol for sale. Also in 2023, DoorDash says nearly 1 million of its drivers delivered alcohol for the first time and earned on average 20% more for deliveries that included alcohol.
“The benefits of alcohol delivery go far beyond simple convenience,” DoorDash said in an April blog post. “Responsible alcohol delivery can help local merchants to grow their business, create more earnings opportunities for Dashers, and offer customers a safe way to buy alcohol from the comfort of their homes.”
Drivers who deliver alcohol are required to check the I.D. of the person who receives the delivery to verify their identity and confirm they are at least 21. DoorDash does not allow alcohol deliveries to schools, college campuses and other locations.
The growing acceptance of drinks-to-go and alcohol delivery concerns some substance abuse prevention experts, including in Iowa, which was the first state to turn a temporary Covid policy of allowing to-go cocktails into a permanent law in 2020.
“Unfortunately, we’ll have to wait for more studies to come out, but it only makes sense that having more to-go cocktail laws will add up to more opportunities for drinking hard liquor/spirits, more possibilities for underage drinking, more open containers and intoxicated driving,” Jennifer Husmann, project coordinator for the Iowa Alliance of Coalitions for Change and the Area Substance Abuse Council, said in an email to Pluribus News.
Husmann called for more funding for the prevention community to educate the public about the risks associated with alcohol use and abuse.