NC Gov. Cooper’s new order permits cocktails for takeout. What exactly is allowed?
Gov. Roy Cooper signed an executive order on Monday authorizing the sale of “cocktails to-go” from North Carolina restaurants and bars.
Cooper said the order will offer relief to the restaurant industry, which has been hurting during COVID-19 pandemic restrictions, without allowing larger gatherings that help spread the virus.
Here are some things to know about buying and transporting mixed beverages.
What does the cocktail to-go order allow?
The order instructs the ABC commission to allow bars, restaurants, private clubs and certain other permitted sellers to sell mixed alcoholic beverages that can leave the premises.
Can the mixed beverages be delivered?
Yes, the mixed beverages, or cocktails, can be purchased on-site or ordered for delivery, just as you would order take-out food for delivery.
Is there a limit on how many cocktails a person can order at one time?
Just as with any cocktail purchase, only one beverage can be ordered at a time, per person. For example, if someone is picking up takeout food for your group, they cannot pick up cocktails for the entire party. Each person must be present to pick up their own cocktail, so that their age can be verified. The same applies for delivery. Each person must be present when cocktails are delivered, so that the ages of people consuming the beverages can be verified.
Do age limits still apply for cocktails to-go?
As always, buyers must be age 21 or over to purchase the alcoholic beverages, and they cannot be visibly intoxicated at the time of purchase, if purchasing on-site. If ordering mixed drinks for delivery, the age of each person ordering a cocktail must be verified at the time of delivery.
How does this work with North Carolina’s “open container” law?
According to the governor’s office, the mixed beverage must be in a sealed container and must be kept sealed at all times during vehicular transport from the place of purchase to your destination — the same as a bottle of liquor purchased at an ABC store. You cannot consume the beverage inside your vehicle.
Will police ticket me if I’m stopped with a cocktail to-go?
According to the governor’s executive order, you are allowed to have the sealed beverage in your car.
But the North Carolina Sheriffs Association is objecting.
The group released a statement on Wednesday summarizing the order and then adding a “Nevertheless” section near the end. The group says that despite the executive order, “State law does not authorize mixed alcoholic beverages to be sold for carry-out” and that they “are not aware of and have not found any legal authority that would authorize an override of this State law.”
As for enforcement, the group says: “As with all other Executive Orders, State and local law enforcement officers may enforce the provisions contained in the Governor’s Executive Orders and a violation constitutes a Class 2 misdemeanor.”
Mary Scott Winstead with Gov. Cooper’s office told The News & Observer that their office had consulted with the NC Department of Justice and the Council of State regarding the executive order, and that law enforcement should enforce executive orders and state law.
“The Governor’s Office works to ensure that executive orders adhere to state law and has consulted with the Department of Justice and received concurrence from the Council of State without objection in allowing to-go beverages. Local law enforcement should continue to enforce the Governor’s executive orders and state law,” Winstead wrote.
Do other states allow the sale of cocktails to-go?
The majority of states have provisions for the sale of mixed alcoholic beverages to be sold to-go.
In August, Fortune magazine wrote that “at least 33 states” allow the sale of cocktails to go (before the pandemic, only two did). Just this week, Oregon also OK’d the practice.
What is the size of the cocktails sold to-go?
The cocktails must be the same size as as standard mixed-drink beverage purchased for consumption on the premises. Bars and restaurants cannot expand their mixed beverage menu to sell multiple drinks in one container.
If I’m eating at a restaurant and don’t finish my cocktail, can I take the rest home with me?
Yes, but it must be sealed by the restaurant before you can leave the premises.
Can restaurants and bars stay open past the 10 p.m. curfew to sell to-go cocktails?
Yes, they can be open for to-go orders, but otherwise closed. Alcohol sales in North Carolina end at 2 a.m.
More details on NC’s new “cocktails to-go” executive order
There is more information about the NC governor’s executive order allowing mixed drinks to go at the NC Gov website: nc.gov
Staff writer Drew Jackson contributed to this report.
This story was originally published December 23, 2020 at 12:57 PM with the headline "NC Gov. Cooper’s new order permits cocktails for takeout. What exactly is allowed?."
