Can I Sell Mixed Drinks To Go?
Update (7/1/21): This article is out of date following the passage of Florida’s new law regarding alcohol-to-go. Please click here for a summary of the new rules for to-go cups sealed by the licensee and delivery/off-premises sales more generally.
As you almost certainly know, all on-premises dining and alcoholic beverage consumption have been suspended due to the recommended Covid-19 self distancing measures. Takeout and delivery are still authorized for both food and alcohol, and thanks to Governor DeSantis, special food service restaurants are now authorized to sell alcohol for both!
In response to these new circumstances, operators have scrambled to begin offering alcohol to go, many for the first time. Many operators have a large inventory of beer, wine, and liquor sitting on the shelves, and selling cocktails with takeout would help keep revenue flowing. One question has come up all over the state: Is it legal to sell cocktails and other mixed drinks to go?
The Governor’s executive order commands all consumption on premises vendors to pivot to selling alcoholic beverages in sealed containers for consumption off-premises. Section 561.20(2)(a)(4) licensees (Special Food Service liquor licensees), are temporarily permitted to sell alcohol in sealed containers for consumption off-premises as long as each order also contains food.
The state issued further guidance on March 28 that clarified that “licensees can sell cocktails, wine and beer in cups, jugs and other reasonable containers, as long as the alcoholic beverage is for consumption off the licensed premises.” The updated guidance was first reported by Florida Politics, the state’s top political news site.
“We aren’t going to tell the licensee how to seal the cup. The thought behind this is not to be an impediment to business at a time when most, if not all are suffering economically.”
Still, all alcoholic beverage vendors must comply with the state’s general alcohol delivery statute. It’s also unclear whether any local jurisdictions are enforcing any existing bans on off-premises (b/k/a “package” sales) during this time, so you are encouraged to check in with your local authorities to avoid any misunderstandings.
Click here to view the firm’s most-recent updates on the regulatory response affecting hotels, restaurants, bars, resorts, and the alcoholic beverage industry. The Department of Business and Professional Regulation’s frequently-updated resource page is available here.
