Senior Research Analyst
During the COVID-19 pandemic, 32 states have passed legislation related to alcohol delivery, to-go drinks, and direct shipment of alcohol. The Special Committee on Liquor Law Modernization held meetings to discuss current Kansas laws and regulations and recently enacted regulated beverage legislation, and heard testimony from conferees concerning the sale and delivery of to-go drinks and the shipment of regulated beverages. The Special Committee’s report to the 2022 Legislature may be found at http://www.kslegresearch.org/KLRD-web/Committees/Committees-Spc-Liquor-Law-Modernization.html.
Sale and Delivery of To-Go Drinks
Prior to March 2020, no state had explicit laws governing to-go or delivery of alcoholic drinks from bars, restaurants, and clubs. According to the R Street Institute, 29 states currently have temporary or permanent laws that allow for customers to take out alcoholic drinks or have them delivered directly.
In Kansas, Executive Order 20-27, issued April 22, 2020, allowed for sale of to-go beer and alcoholic drinks from liquor retailers, class A and B clubs, and drinking establishments until 11 p.m., as long as the drinks are in containers placed inside sealed, clear bags. HB 2137 (2021 law) made this permanent law. Delivery of to-go beer and alcoholic drinks is currently not allowed.
Currently, 22 states explicitly allow for delivery of beer and alcoholic beverages in addition to takeout. Seven states specify that only employees of the licensee may conduct deliveries, while the rest allow for the use of third-party delivery services.
Delivery from Retailers
Delivery from retailers, such as liquor or grocery stores, has also expanded since March 2020. Arkansas, Alabama, Georgia, Mississippi, Oklahoma, New Mexico, and West Virginia recently passed laws permitting alcohol to be delivered from retail stores. Wyoming, Iowa, and Louisiana expanded existing delivery laws to allow for alcohol from retail stores to be delivered by third-party services.
Direct Shipment of Alcohol by Manufacturers
According to the National Conference of State Legislatures, the majority of states have statutory provisions that allow for out-of-state manufacturers to ship alcoholic beverages directly to consumers, with many states restricting direct shipments to wine. Most states require a specific direct shipping license or permit. The following table provides more detail.
Currently, KSA 41-308a(a)(10) authorizes farm wineries to ship wine in-state if the winery obtains a special order shipping license under KSA 41-350. Microbreweries and microdistilleries are not permitted to ship product directly to in-state customers.
For more information on direct shipment of alcohol by manufacturers, visit the National Conference of State Legislatures at https://www.ncsl.org/research/financial-services-and-commerce/direct-shipment-of-alcohol-state-statutes.aspx.
|Authorized for Direct Shipment||States|
|All spirits as specified||Florida, Hawaii, Kentucky, Nebraska, New Hampshire, Rhode Island, West Virginia, District of Columbia|
|Beer and wine as specified||Delaware, Massachusetts, Montana, North Dakota, Ohio, Oregon, Vermont, Virginia|
|Wine, cider, and mead||Connecticut, New Jersey|
|Wine and cider||New Mexico|
|Beer, wine, and cider||Oregon|
|Wine and mead||Arkansas|
|Wine only||Alabama, Alaska, Arizona, California, Colorado, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah (wine subscriptions), Washington, Wisconsin, Wyoming|