Distilled Spirits Council urges making measure permanent to support hospitality industry

Today, the Michigan House of Representatives passed HB 4201 which would make cocktails-to-go permanent, sending the bill to the Senate for consideration.

“We are grateful to representatives who voted to approve cocktails to-go,” said Andy Deloney, senior vice president and head of state public policy at the Distilled Spirits Council of the United States. “The cocktails to-go law has been a tremendous benefit for Michigan’s neighborhood restaurants, taverns and small distilleries. Michigan consumers have come to expect cocktails to-go when ordering takeout from their favorite local restaurants. Making the cocktails to-go law permanent solidifies the increased convenience consumers have enjoyed over the last few years and builds increased stability for businesses.”

Currently, cocktails to-go are set to expire on January 1, 2026. The bill removes the sunset date and allows on-premise licensees, including distillers, to sell cocktails to-go in a sealed container for carryout. On-premise retail licensees may deliver using employees or third-party agents, while manufacturers may only deliver using employees.

The Senate passed its own bill to make cocktails to-go permanent, SB 141, earlier this session. That bill is awaiting consideration in the House.

Since the beginning of the pandemic, 19 states and the District of Columbia have enacted laws to permanently allow cocktails to-go, and 14 others have enacted laws that allow cocktails to-go on a temporary basis. Numerous states are still considering cocktails to-go legislation.

“The future of the hospitality industry will be dependent upon many factors outside of the control of business owners, and cocktails to-go is a valuable tool in their continued recovery and long-term growth,” Deloney said.

The distilled spirits industry is committed to responsibility and encourages moderation for adults who choose to drink alcohol. Cocktails to-go are intended for home consumption. Laws governing alcohol consumption must always be observed.

BACKGROUND

States that signed legislation to make cocktails to-go permanent into law:

Arizona, Arkansas, Delaware, Iowa, Florida, Georgia, Kansas, Kentucky, Maine, Missouri, Montana, Nebraska, Ohio, Oklahoma, Oregon, Rhode Island, Texas, West Virginia, Wisconsin and the District of Columbia have all made COVID-era cocktails to-go measures permanent.

States that signed legislation to allow cocktails to-go on a temporary basis into law:

California (expires December 31, 2026), Colorado (expires July 1, 2025), Connecticut (expires June 4, 2024), Illinois (expires January 3, 2024), Maryland (local option – expires June 30, 2023), Massachusetts (expires April 1, 2024), Michigan (expires January 1, 2026), New Jersey (TBD), New York (expires April 9, 2025), Tennessee (expires July 1, 2023), Vermont (expires July 1, 2023), Virginia (expires July 1, 2024) and Washington (expires July 1, 2023) passed legislation to allow cocktails to-go on a temporary basis.