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State Alcohol-Related Laws During the COVID-19 Emergency for On-Premises and Off-Premises Establishments As of April 15, 2021

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State Alcohol-Related Laws During the COVID-19 Emergency for On-Premises and Off-Premises Establishments As of April 15, 2021 April 15, 2021 State Alcohol-Related Laws During the COVID-19 Emergency for On-Premises and Off-Premises Establishments as of April 15, 2021 Recent Updates This edition of our Digest is current through April 15, 2021, a time when states were concluding a year of measures in response to the COVID-19 pandemic. To provide a visual overview of the impact on bars and restaurants throughout the past year, this Digest includes a series of maps showing the changes in state policies over time. Since our last update, 15 states have eliminated capacity and/or hours restrictions on bars and/or restaurants. Other states have eased restrictions without removing them. Illinois took a new approach that may be a sign of things to come, by basing its capacity limits on vaccinations and COVID-19 tests. The new capacity policy that Illinois issued in March says that "individuals with proof of full vaccination plus 14 days or a negative COVID-19 test (PCR) 1 to 3 days prior to an event or outing do not count against capacity limits." Some cities and alcohol establishments across the U.S. are trying out similar proof-of-vaccine policies, indicating that more states may follow soon. All of the recent state policy changes affecting bars and restaurants are described in Table 1 of the Digest, with significant changes reflected in the updated coding in the companion Dataset. About the Digest This review documents alcohol-related policies adopted at the state level during and in response to the COVID-19 pandemic across all 50 states and the District of Columbia. The Secretary of Health and Human Services (HHS) declared a public health emergency in response to COVID-19 on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d). The President of the United States proclaimed that the COVID-19 outbreak in the United States constitutes a national emergency beginning March 1, 2020. The States then also began to declare emergencies and established various orders in response. This review focuses on policies affecting the availability of beverage alcohol during the emergency. Coding relies on multiple official sources of information, including official websites and press releases for state governors, alcohol beverage control agencies, departments of revenue, commerce, and health; state executive orders and proclamations; and state statutes and regulations. Although this review seeks to capture policies specific to the COVID-19 context, these policies may expand upon or remain consistent with policies that were already in place. Where possible, preexisting law has been noted. The “Last Updated” date represents the latest date through which policy changes have been tracked for each state. Four variables are coded for On-Premises Establishments (TABLE 1): 1. Whether they are open for on-premises consumption (MAPs & CHARTs); 2. Whether they are allowed to sell alcohol for take-out or curbside pick-up; 3. Whether they are allowed to deliver alcohol to consumers’ homes; and, if so, 4. Whether they are allowed to deliver alcohol to consumers’ homes without first obtaining a delivery permit. Three variables are coded for Off-Premises Establishments (TABLE 2): 1. Whether they are open; 2. Whether they are deemed an “Essential Business” by the state; and, 3. Whether they are allowed to deliver alcohol to consumers’ homes. Page 1 The open status for On-Premises Establishments is coded according to the categories described in our corresponding Maps, Dataset and Codebook. The remaining variables had one of five answers: “YES” (that state met the variable); “NO” (that state did not meet the variable); “UNCLEAR” (it was not clear from the states’ laws whether it met that variable); “NOT SPECIFICALLY NOTED” (the state law did not address the variable one way or another); and “N/A” (that variable was not applicable – e.g. if the state did not allow delivery, then it could not require a permit for delivery and would be coded “N/A”). Some states had very little written on their official websites. Other states did not list an enactment or sunset date for the law / regulation / proclamation / executive order. No date included on the table means that there was no date listed. Sources used for all coding are displayed in TABLE 3. Disclaimer: The information in this Digest is not intended as legal advice and should be used for information and research purposes only. Consult with the relevant state authorities if you have specific questions about their policies. This Digest focuses on policies issued at the state level by all 50 states (and the comparable level for the District of Columbia). State policies are continually changing as the COVID- 19 situation evolves, with new orders, restrictions and regulations issued almost daily from many sources including governors, state health departments, and state alcohol licensing boards. In addition, state websites sometimes remove prior documents or overwrite previous versions of documents or web pages, making it difficult to verify policy changes. For these reasons, we cannot guarantee the accuracy, completeness or timeliness of the data presented in this Digest. Page 2 States with RESTRICTIONS To Operate During COVID-19 Baseline: States All Open prior to March 15, 2020 RESTAURANTS as of April 15, 2020 BARS as of April 15, 2020 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY OR NY ID WI ID WI SD MI RI SD MI RI WY WY PA CT PA CT IA NJ IA NJ NE OH DE NE OH DE NV IL IN NV IL IN MD UT WV MD UT WV VA CO VA DC CO DC CA KS MO KY CA KS MO KY NC NC TN TN OK SC OK SC AZ NM AR AZ NM AR GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed RESTAURANTS as of June 15, 2020 BARS as of June 15, 2020 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY OR NY ID WI ID SD WI SD MI RI MI RI WY CT WY PA CT PA IA NJ IA NJ NE OH NE OH DE DE IN NV IL IN MD NV UT IL WV MD UT WV VA VA CO DC CA CO DC CA KS MO KY KS MO KY NC NC TN TN OK SC OK AR SC AZ NM AR AZ NM GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed RESTAURANTS as of August 15, 2020 BARS as of August 15, 2020 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY OR NY ID WI ID WI SD MI RI SD MI RI WY PA CT WY PA CT IA NJ IA NJ NE OH DE NE OH DE IN IN NV UT IL WV MD NV UT IL WV MD CO VA DC CO VA DC CA KS MO KY CA KS MO KY NC NC TN TN OK SC OK SC AZ NM AR AZ NM AR GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed Page 3 States with RESTRICTIONS To Operate During COVID-19 Baseline: States All Open prior to March 15, 2020 RESTAURANTS as of October 15, 2020 BARS as of October 15, 2020 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY OR NY ID WI ID WI SD MI RI SD MI RI WY WY PA CT PA CT IA NJ IA NJ NE OH DE NE OH DE NV IL IN NV IL IN MD UT WV MD UT WV VA CO VA DC CO DC CA KS MO KY CA KS MO KY NC NC TN TN OK SC OK SC AZ NM AR AZ NM AR GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed RESTAURANTS as of December 15, 2020 BARS as of December 15, 2020 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY OR NY ID WI ID WI SD MI RI SD MI RI WY PA CT WY PA CT IA NJ IA NJ NE OH DE NE OH DE NV IL IN NV IL IN MD UT WV MD UT WV VA CO VA DC CO DC CA KS MO KY CA KS MO KY NC NC TN TN OK SC OK SC AZ NM AR AZ NM AR GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed RESTAURANTS as of February 15, 2021 BARS as of February 15, 2021 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY ID WI OR ID WI NY SD MI RI SD MI RI WY CT PA WY PA CT IA NJ IA NJ NE OH DE NE OH DE NV UT IL IN WV MD NV IL IN MD VA UT WV VA CA CO DC CO DC KS MO KY CA KS MO KY NC NC TN TN OK AR SC OK SC AZ NM AZ NM AR GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed Page 4 States with RESTRICTIONS To Operate During COVID-19 Baseline: States All Open prior to March 15, 2020 RESTAURANTS as of April 15, 2021 BARS as of April 15, 2021 WA VT ME WA VT ME MT ND MT ND NH NH MN MA MN MA OR NY ID WI OR ID WI NY SD MI RI SD MI RI WY PA CT WY PA CT IA NJ IA NJ NE OH DE NE OH DE NV IL IN MD NV IL IN MD UT WV VA UT WV CO DC CO VA DC CA KS MO KY CA KS MO KY NC NC TN TN OK SC OK SC AZ NM AR AZ NM AR GA GA MS AL MS AL TX LA TX LA HI HI FL FL AK AK All Open All Open Some Open Some Open Restrictions Restrictions Closed Closed Page 5 States Allowing BARS & RESTAURANTS with RESTRICTIONS To Operate During COVID-19 RESTAURANTS Open/Closed status, April 15, 2020 - April 15, 2021 50 50 40 35 31 32 28 30 27 28 21 19 20 15 16 14 13 10 7 4 3 3 2 1 2 1 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 April 15, 2020 June 15, 2020 August 15, 2020 October 15, 2020 December 15, 2020 February 15, 2021 April 15, 2021 All Open Some Open Restrictions Closed BARS Open/Closed status, April 15, 2020 - April 15, 2021 50 50 40 30 28 28 30 27 24 23 20 18 17 14 13 12 11 10 8 6 6 5 6 4 5 4 4 3 1 2 2 0 0 0 1 1 1 1 1 1 0 April 15, 2020 June 15, 2020 August 15, 2020 October 15, 2020 December 15, 2020 February 15, 2021 April 15, 2021 All Open Some Open Restrictions Closed Page 5 Page 6 Table 1: On-Premises Establishments CAN ON-PREMISES ESTABLISHMENTS … Are On-Premises Establishments Deliver to Jurisdiction Closed, Open, or Open with Offer Take-Out Or Deliver to Consumer’s Homes Restrictions? Curbside Pick-Up? Consumer’s Homes? Without Obtaining a Delivery Permit? AL All Restaurants and Bars Open NO NO N/A (Last Updated: 11/8/2020: Capacity restriction for 1/4/2021: Suspension Pre-COVID: Not 4/15/2021) restaurants and bars lifted.
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