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State Alcohol-Related Laws During the COVID-19 Emergency for On-Premise and Off-Premise Establishments As of April 13, 2020

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State Alcohol-Related Laws During the COVID-19 Emergency for On-Premise and Off-Premise Establishments As of April 13, 2020 April 13, 2020 State Alcohol-Related Laws During the COVID-19 Emergency for On-Premise and Off-Premise Establishments as of April 13, 2020 This review looks at alcohol-related policies during the COVID-19 pandemic across all 50 states and the District of Columbia. The primary focus is on the availability of beverage alcohol during the emergency. Coding relies on several sources of information, including websites and press releases for state governors, alcohol beverage control agencies, departments of revenue, commerce, and health; state executive orders and proclamations; online newspaper articles; state statutes and regulations; and the STOP Act State Performance and Best Practices for the Prevention and Reduction of Underage Drinking Report (2018). 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 was when our researchers last updated the coding for that state. Four variables coded for On-Premise Establishments (TABLE 1) were: 1. Whether they are open for on-premise consumption (MAP 1); 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 coded for Off-Premise Establishments (TABLE 2) were: 1. Whether they are open (MAP 2); 2. Whether they are deemed an “Essential Business” by the state; and, 3. Whether they are allowed to deliver alcohol to consumers’ homes. 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. Other alcohol-related COVID-19 laws appear in TABLE 3. Sources used for all coding are displayed in TABLE 4. Page 1 Map 1: States That Have Allowed On-Premise Establishments To Remain Open During COVID-19 (as of 4/13/2020) Page 2 Map 2: States That Have Closed Off-Premise Establishments During COVID-19 (as of 4/13/2020) Page 3 Table 1: On-Premise Establishments: On-Premise Consumption; Take-Out / Curbside Pick-Up; Delivery CAN ON-PREMISE ESTABLISHMENTS … Deliver to Consumer’s Homes Jurisdiction Remain Open for On- Offer Take-Out Or Deliver to Without Obtaining a Delivery Premise Consumption? Curbside Pick-Up? Consumer’s Homes? Permit? AL NO YES NO N/A (Last Updated: (as of 3/17/2020) (Sale of mixed drinks and open 4/13/2020) containers prohibited; licensee may sell no more than 1 one-liter bottle of spirits, two 750 ml bottles of wine, or one case of beer per customer.) AK NO UNCLEAR NO N/A (Last Updated: (as of 3/17/2020) (Alcohol Control Board voted to allow 4/13/2020) for beer and wine on 4/1/2020, Governor indicated he will approve the ABC vote in an order to be issued on 4/15/2020) AZ NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/19/2020) (Not enforcing laws prohibiting this) (Not enforcing laws prohibiting this) 4/13/2020) AR NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/26/2020) (Beer and wine only) (Beer and wine only; 4/13/2020) only with food delivery; delivery cannot be made in dry counties.) CA NO YES YES YES (Last Updated: (as of 3/19/20) (Not enforcing laws preventing (Bona fide eating places (i.e., restaurants) 4/13/2020) establishments with on-premise licenses selling beer, wine, and pre-mixed drinks from selling for off-premise or cocktails for consumption off the consumption, but can still only sell licensed premises may do so when sold alcohol types covered by existing in conjunction with meals prepared for licenses) delivery) Page 4 TABLE 1 CAN ON-PREMISE ESTABLISHMENTS … Deliver to Consumer’s Homes Jurisdiction Remain Open for On- Offer Take-Out Or Deliver to Without Obtaining a Delivery Premise Consumption? Curbside Pick-Up? Consumer’s Homes? Permit? CO NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/17/2020) (Suspending enforcement of license (Suspending enforcement of license 4/13/2020) limitations to allow on-premises alcohol limitations to allow on-premises alcohol retailers to sell sealed beverages for retailers to deliver sealed beverages if takeout if customer also purchases food customer also purchases food and to and to allow breweries operating an allow breweries operating an approved approved sales room to sell sealed sales room to deliver sealed containers of containers of malt liquor for takeout.) malt liquor.) CT NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/16/2020) 4/13/2020) DE NO YES NO N/A (Last Updated: (as of 3/16/2020) (Alcohol sales must accompany food 4/13/2020) sales and are limited to no more than 40 percent of the total sales transaction.) DC NO YES YES UNCLEAR (Last Updated: (as of 3/16/2020) (Must be accompanied by at least one (Before commencing carry-out must (Need approval, not an actual 4/13/2020) prepared food item; before commencing register (no fee) with ABRA and confirm permit.) carry-out must register (no fee) with receipt of an email approving them to ABRA and confirm receipt of an email proceed) approving them to proceed) FL NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/20/2020) (Restaurants must sell food with alcohol (Must comply with existing delivery 4/13/2020) sales.) laws.) GA NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 4/3/2020) (Beer and wine only; may not conduct (Beer and wine only; may not conduct 4/13/2020) online sales for delivery or pickup; bars online sales for delivery) must “cease operations and close to the (4/3/2020 - 4/30/2020) public”) (4/3/2020 - 4/30/2020) Page 5 TABLE 1 CAN ON-PREMISE ESTABLISHMENTS … Deliver to Consumer’s Homes Jurisdiction Remain Open for On- Offer Take-Out Or Deliver to Without Obtaining a Delivery Premise Consumption? Curbside Pick-Up? Consumer’s Homes? Permit? HI NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/17/2020) (as of 3/17/2020) (as of 3/17/2020) 4/13/2020) ID NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/25/2020) (Liquor may be sold by the drink to-go (Beer and Wine only) 4/13/2020) if sealed with tamper proof seal and (3/25/2020 - 4/15/2020) picked up by customer at the licensed premises). (3/25/2020 - 4/15/2020) IL NO YES YES UNCLEAR (Last Updated: (as of 3/16/2020) (3/16/2020 - 4/30/2020) (3/16/2020 - 4/30/2020) (Take-out and delivery of alcohol by 4/13/2020) on-premises retailers is "subject to the approval of the Local Liquor Control Commission.") IN NO YES YES UNCLEAR (Last Updated: (as of 3/16/2020) (Not authorized to sell mixed drinks for (State-imposed quantity limits for (Ability to sell alcohol for carryout 4/13/2020) carry-out; state-imposed quantity limits delivery) depends on existing license) for carry-out) (3/16/2020 - 4/20/2020) (3/16/2020 - 4/20/2020) IA NO YES YES YES (Last Updated: (as of 3/17/2020) (Mixed drinks may be sold) (Deliveries cannot be made by a third (May sell wine and liquor for off- 4/13/2020) (3/17/2020 - 4/30/2020) party) premises consumption without (3/17/2020 - 4/30/2020) obtaining an additional license; these licensees are already authorized to sell beer for off-premises consumption). KS NO YES NO N/A (Last Updated: (as of 3/30/2020) (3/30/2020 - 4/19/2020, (Payment & delivery must occur within 4/13/2020) unless rescinded earlier) 50' radius of the premises) Page 6 TABLE 1 CAN ON-PREMISE ESTABLISHMENTS … Deliver to Consumer’s Homes Jurisdiction Remain Open for On- Offer Take-Out Or Deliver to Without Obtaining a Delivery Premise Consumption? Curbside Pick-Up? Consumer’s Homes? Permit? KY NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/16/2020) (Must include purchase of a meal with (as of 3/19/2020) 4/13/2020) sale of alcohol) (as of 3/19/2020) LA NO YES YES NO (Last Updated: (as of 3/16/2020) (Prepackaged beer & (Beer or wine, with food, by their own (Restaurants must apply for a permit 4/13/2020) wine only) employees) in order to deliver beer or wine with (3/16/2020 - 4/30/2020) (3/16/2020 - 4/30/2020) own employees) (3/16/2020 - 4/30/2020) ME NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/18/2020) (Beer & wine only; must be (Beer & wine only; must be accompanied 4/13/2020) accompanied by food order – food by food order – food requirement differs requirement differs depending on type depending on type of liquor license) of liquor license) (3/18/2020 - 4/30/2020) (3/18/2020 - 4/30/2020) MD NO YES YES NOT SPECIFICALLY NOTED (Last Updated: (as of 3/16/2020 until 4/13/2020) termination of emergency) MA NO YES YES YES (Last Updated: (as of 3/17/2020) (Beer & wine only) (Beer & wine only) 4/13/2020) (as of 4/3/2020) (as of 4/3/2020) MI NO YES YES NO (Last Updated: (3/16/2020 - 4/13/2020) (If permit allows it and if the licensee (If permit allows it) 4/13/2020) has been approved for curbside service by the Commission) MN NO NO NO N/A (Last Updated: (as of 3/17/2020) 4/13/2020) Page 7 TABLE 1 CAN ON-PREMISE
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