Cheers to SB148: Alcohol-to-Go Made Permanent in Florida

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Want a margarita with your Mexican dinner to-go? Then you’re in luck. What started out as a COVID-era ease on businesses was signed into law yesterday.

CS/SB 148, a bill that allows restaurants with liquor licenses to deliver cocktails along with their food orders, just received Governor DeSantis’ signature on April 13, 2021, after passing both the Florida House and Senate with nearly unanimous bipartisan support.

The new law, which amends multiple sections of the Florida Statutes, more specifically allows certain licensees (broadly, restaurant licensees as opposed to bars and nightclubs) to accompany food orders with alcoholic beverages prepared by the licensee. Distilled spirits sealed by the manufacturer are not authorized for delivery, however. The new law also confirms that these to-go drinks do not run afoul of the state’s open container laws, thus cutting off a point of friction at the pass.

Licensees that fall under the auspices of this new law have already been operating under similar guidelines thanks to an executive order from Governor DeSantis signed in the Spring of 2020. SB148 essentially codifies that executive order, allowing licensees who have come to rely on the practice for over a year now to breathe a sigh of relief.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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