Alcohol-to-Go compliance

Yes — SB 148 was signed May 13, 2021 and took effect July 1, 2021, making take-out and delivery of alcohol with food permanent for qualifying SFS (SRX) and quota licensees.

Wine and beer (including malt- and wine-based cocktails), plus wine-, malt- and liquor-based drinks prepared by the licensee — all in sealed containers, sold with food in the same order, for off-premises consumption. SFS licensees still may not sell liquor in manufacturer-sealed bottles or operate as a package store.

Two steps. First, the beverage must be in a sealed container — manufacturer-sealed, or filled and sealed by the licensee (malt beverages must meet Chapter 563.06 container rules). Second, that sealed container goes in an outer bag or container that is taped, stapled or otherwise closed in a tamper-evident way, with the receipt attached to the outside.

A manufacturer's bottle or can, or a container chosen, filled and securely sealed by the licensee with an actual seal that keeps the beverage contained in transport. Many suppliers carry compliant containers.

The quota licensee must also hold a Chapter 509 public food service license; food and non-alcoholic beverages must be at least 40% of each sale (only licensee-prepared, licensee-sealed beverages count toward the 60%); and sale or delivery of those beverages stops at midnight or when food sales end, whichever is earlier.

Orders that include alcohol must be delivered by someone 21 or older into the possession of someone 21 or older. Beverages not in a manufacturer-sealed container ride in a locked compartment, the trunk, or behind the last upright seat, and Chapter 561.57 delivery requirements apply.

Beverages properly sealed by the licensee and transported under this law don't violate open-container laws. Transporting beverages that aren't properly sealed, or are opened and consumed, does.