Delaware become 17th state to make cocktails to-go measure permanent

Delaware Governor John Carney (D) signed HB 290 yesterday making cocktails to-go permanent in the state – a move that will increase consumer convenience and support hospitality businesses devastated by COVID-19. Delaware becomes the 17th state to make cocktails to-go permanent.

“Governor Carney supported Delaware restaurants and bars by allowing cocktails to-go during the pandemic,” said Jay Hibbard, senior vice president of state government relations at the Distilled Spirits Council of the United States. “Cocktails to-go provided a much-needed lifeline for struggling hospitality businesses and prevented the permanent closure of many. Now that this measure is permanent, Delaware businesses will have increased stability as they continue their long path to economic recovery. We applaud the legislature and Governor Carney for supporting local businesses and providing increased convenience to consumers.”

The new law became effective immediately on February 16, 2022. Cocktails to-go were allowed through temporary regulatory relief in response to COVID-19 which was set to expire on March 31.

BACKGROUND

During COVID-19, more than 35 states began allowing restaurants and/or bars to sell cocktails to-go as an economic relief measure via executive orders or other temporary measures. Since then, 17 states and the District of Columbia passed legislation to make cocktails to-go permanent, and 14 other states passed legislation to allow cocktails to-go on a temporary basis. Some states are still considering cocktails to-go legislation.

States that passed legislation to make cocktails to-go permanent:

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

States that passed legislation to allow cocktails to-go on a temporary basis:

California (expires December 31, 2026), Colorado (expires July 1, 2025), Connecticut (expires June 4, 2024), Delaware (expires March 31, 2022),  Illinois (expires Jan. 3, 2024), Maine (expires Sept. 10, 2022), Maryland (local option – expires June 30, 2023), Massachusetts (expires May 1, 2022), Michigan (expires December 31, 2025), Rhode Island (expires March 1, 2022), Tennessee (expires July 1, 2023), Vermont (expires July 1, 2023), Virginia (expires July 1, 2022) and Washington (expires July 1, 2023) passed legislation to allow cocktails to-go on a temporary basis.

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.