ALCOHOL-TO-GO GUIDANCE
“Alcohol-To-Go has Passed the Legislature… What Does this Mean for my Business Now?” by SAMANTHA PADGETT, GENERAL COUNSEL, FRLA
O
nce signed into law by Gov. Ron DeSantis, SB 148 codifies and makes permanent the ability of Special Food Service (SFS, aka SRX) licensees and quota licensees to engage in the sale of alcoholic beverages for takeout and delivery when sold with food in the same order. The requirements are different for SFS and quota licensees, so let’s examine them separately.
SFS Licensees:
There are two important things you must keep in mind: 1. The requirement that 51% of sales must be from food and non-alcoholic beverages still applies to SFS licensees at all times. Alcohol-To-Go does not change this requirement, and you will still be held accountable for this requirement. 2. You are not a package store and cannot operate as one. You cannot sell bottles of distilled spirits (aka liquor). You may sell beer, wine and mixed drinks consistent with this law, but at no time can you operate as a package store.
“What can I sell?” Wine, beer, wine-based drinks prepared by the licensee, and liquor-based drinks prepared by the licensee. These items must be sold in sealed containers, along with food in the same order, for off-premises consumption.
“How must I package it?” 1. This answer has two parts. First, containing the beverage: You can sell wine and beer in manufacturer-sealed containers. You can also sell wine and beer in containers sealed by the licensee. Malt beverages must comply with the container size, labeling and filling requirements imposed by Chapter 563.06, Florida Statutes. Wine-based drinks and liquor-based drinks prepared by the vendor must be sold in a sealed container.
PHOTO BY SAIGE ROBERTS
2. Second, containing the container: Once you have the beverage in a sealed container, that sealed container must be placed in another bag or container. The container must be taped, stapled, or otherwise sealed shut, and a receipt must be attached to the outside of the bag or container. (For example: a paper bag stapled shut, with a receipt stapled to the bag.) Every beverage sold for off-premises consumption must accompany an order for food. It must be packaged this way and leave the premises packaged this way.
“What is a sealed container?” A sealed container can be a manufacture-sealed container, like what you’d find on a bottle of wine or bottle/can of beer. It can also be a container that is securely sealed by the licensee. There are many different options here, but make sure you’re using an actual seal of some sort. A Styrofoam cup with a piece of tape over the straw opening is not the answer here. Use a container with an actual seal that will keep the beverage from spilling in transport.
“How do I deliver it?” Takeout or delivery orders of food that include alcohol must be delivered by an individual who is 21. The person receiving the delivery must be 21. If you are transporting alcohol for delivery that is not in a manufacturesealed container, it must be transported in a locked compartment, in the truck, or behind the last upright seat of a vehicle. The delivery requirements of Chapter 561.57, Florida Statutes must be followed.
Quota Licensees:
In addition to all the stuff quota licensees can already sell and deliver, quota licensees can sell alcoholic beverages prepared by the licensee in a container sealed by the licensee for take-out or delivery when sold with food in the same order. A few caveats here: » The quota licensee must be licensed as a food service establishment under Chapter 509, Florida Statutes. » Food and non-alcoholic beverages must comprise 40% of the bill. This means 60% of the total bill can be beverages prepared and sealed by the licensee. (Manufacture-sealed beverages aren’t limited because quota licensees can operate as package stores. Only beverages prepared and sealed by the licensee count toward the 60% limitation.) » Sale and delivery of beverages prepared and sealed by the licensee are prohibited after midnight or after the licensee stops serving food, whichever is earlier. » The packaging and delivery requirements for beverages prepared and sealed by the licensee that apply to SFS licensees also apply to quota licensees.
“What about open container laws?” Alcoholic beverages that are sealed by the licensee and transported consistent with this legislation do not violate open container laws. If the beverage is unsealed and consumed in the vehicle, that is a violation of open container laws.
This article is for reference only and should not be deemed legal advice. For details and guidance regarding your specific legal duties and responsibilities and how to comply with existing laws and regulations, please seek your own legal counsel. FRL A .org
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