Compliance Guide: Alcohol Deliveries + To-Go
Update (7/1/21): Under Governor Desantis’ now-expired Executive Order 20-71, vendors licensed for on-premises alcohol consumption could sell and deliver alcohol in sealed containers for consumption off of the premises. Under SB 148, which went into effect today, certain quota and special food service (SFS) licensees may still sell alcohol to go under certain circumstances.
This article has been updated to reflect current law and includes the state’s official informational bulletin at the bottom of the page. Click here for more information on the bill signing. The firm recommends that licensees review the new law in its entirety and/or consult with their legal counsel before making new to-go sales.
With the pandemic-era shift to delivery and takeout-focused hospitality operators persisting as the pandemic ebbs, the firm has been working with its clients to help prepare them for this new reality. For the benefit of the entire community, please see the firm’s quick reference guide on which licensees are allowed to deliver to consumers under the new Florida law.
Package Sales - Off Premises for Beer and Wine Only (1APS + 2APS)
Off premises sales, deliveries by the licensee directly, and deliveries by third parties are allowed.
Alcoholic beverages must be sealed by the manufacturer.
Consumption on Premises Licenses for Beer and Wine Only (1COP + 2COP)
Off premises sales, deliveries by the licensee directly, and deliveries by third parties are allowed.
Alcoholic beverages must be sealed by the manufacturer.
Special Food Service (SFS) Liquor Licenses
Off premises sales, deliveries by the licensee directly, and deliveries by third parties are allowed under certain circumstances.
An SFS licensee may sell or deliver alcoholic beverages in a sealed container for off-premises consumption if the sale or delivery is accompanied by the sale of food within the same order.
Wine-based and liquor-based beverages prepared by the licensee or its employee and packaged in a container sealed by the licensee or its employees are allowed.
SFS licensees may not sell a bottle of distilled spirits sealed by a manufacturer.
Any sale or delivery of malt beverages must comply with the container size, labeling, and filling requirements imposed under s. 563.06.
Any delivery of an alcoholic beverage under this subparagraph must comply with s. 561.57.
An alcoholic beverage prepared by the vendor and sold or delivered for consumption off the premises must be placed in a container securely sealed by the licensee or its employees with an unbroken seal that prevents the beverage from being immediately consumed before removal from the premises.
The alcoholic beverage must be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the alcoholic beverage and food must be provided by the licensee and attached to the bag or container.
If transported in a motor vehicle, an alcoholic beverage that is not in a container sealed by the manufacturer must be placed in a locked compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle.
It is a violation of the prohibition in s. 562.11 to allow any person under the age of 21 to deliver alcoholic beverages on behalf of a vendor. The vendor or the agent or employee of the vendor must verify the age of the person making the delivery of the alcoholic beverage before allowing any person to take possession of an alcoholic beverage for the purpose of making a delivery on behalf of a vendor under this section.
Quota Liquor Licenses (Package Sales + Consumption on Premises)
Off premises sales, deliveries by the licensee directly, and deliveries by third parties are allowed for all quota license types if the beverage is sealed by the manufacturer.
Alcoholic beverages may be prepared and sealed by the establishment if the following conditions are met:
The vendor’s quota license must allow consumption on premises (COP);
The vendor must be licensed as a public food service establishment under chapter 509;
The sale or delivery must be accompanied by the sale of food within the same order;
The charge for the sale of food and nonalcoholic beverages must be at least 40 percent of the total charge for the order, excluding the charge for any manufacturer-sealed containers of alcoholic beverages included in the order; and
Sales and deliveries of the alcoholic beverages may not occur after the vendor ceases preparing food on the licensed premises for the day or after midnight, whichever is earlier.
An alcoholic beverage drink prepared by the vendor and sold or delivered for consumption off the premises must be
Placed in a container securely sealed by the licensee or its employees with an unbroken seal that prevents the beverage from being immediately consumed before removal from the premises;
Placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the alcoholic beverage and food must be provided by the licensee and attached to the bag or container; and
If transported in a motor vehicle, an alcoholic beverage that is not in a container sealed by the manufacturer must be placed in a locked compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle.
Tap Rooms (Breweries w/ Consumption on Premises) and Brewpubs (CMBP Vendors with Breweries)
Deliveries by the licensee directly and through third-party delivery services are not allowed.
Special Motel/Hotel: Historic (SH)
Off premises sales, deliveries by the licensee directly, and deliveries by third parties are allowed.
Alcoholic beverages must be sealed by the manufacturer.
Special Motel/Hotel: Historic Motel/Hotel in Qualifying Municipalities (SHQM)
Deliveries by the licensee directly and through third party delivery services are not allowed.
Other Specialty Licenses: Bowling (SBX), Airport (SAL), Civic Center (SCX), Special County Commissioner (SCC)
Deliveries by the licensee directly and through third party delivery services are not allowed.
Special Boats – Excursion/Charter (SPX)
Deliveries by the licensee directly and through third party delivery services are not allowed.
Performing Arts Center (11PA-C), Symphony Orchestra (11PA-O), Live Performance Theater (11PA-LT), Special Public Fair/Expos (FEX)
Deliveries by the licensee directly and through third party delivery services are not allowed.
Club Licenses - Lodges, Fraternal Groups, Tennis/Golf/Beach, and Other Clubs
Deliveries by the licensee directly and through third party delivery services are not allowed.
Horse, Dog Track, or Jai Alai Fronton Caterer
Deliveries by the licensee directly and through third party delivery services are not allowed.