To Go Sales of Alcohol in NC: Navigating the Requirements for "To-Go" Sales of Unfortified Wine, Fortified Wine, and Mixed Beverages
The landscape of alcohol sales in North Carolina has evolved significantly with the recent passage of Senate Bill 527 (Session Law 2024-41). One of the most noteworthy changes includes the introduction of "to-go" sales for unFortified Wine, Fortified Wine, and Mixed Beverages. These updates provide new opportunities for businesses while ensuring that the sale and distribution of alcohol remain regulated and safe.
By way of background, you’ve always been able to sell Fortified Wine and Unfortified Wine “to go” - *except* that you had to sell them the entire bottle. And, of course, except for a period during COVID, the only place to buy spirits/liquor to take home was through the NC ABC Store System. This law allows the sale of *single servings* of Fortified Wine, Unfortified Wine, and Mixed Beverages (i.e. cocktails) “to go.” Here’s a comprehensive summary of the requirements for "to-go" sales of these alcoholic beverages.
Unfortified Wine "To-Go" Sales
Unfortified Wine, defined as wine with an alcohol content of up to 16%, can now be sold for off-premises consumption under specific conditions.
1. **Permits and Licensing**:
- Retailers must hold the appropriate permits to sell Unfortified Wine for on-premises consumption. This includes both existing establishments and those specifically seeking to offer "to-go" sales.
2. **Packaging and Labeling**:
- Wine must be sold in sealable container (containing no more than 24oz). The container must be securely sealed and labeled with the permittee’s name and address, and the date the container was filled or refilled. This ensures traceability and safety for consumers.
3. **Single-Serving Requirements**:
- Fortified wine sold for off-premises consumption must be packaged in single-serving containers. Each container should not exceed 24 fluid ounces and must be accompanied by the sale of food.
4. **Secure Packaging**:
- The containers must have a secure lid or cap to prevent spillage and tampering. This helps ensure that the product remains safe during transportation.
5. **Quantity Limits**:
- No more than two single-serving containers can be sold at one time unless the sale is for delivery. This helps manage consumption and prevent excessive drinking.
Mixed Beverages and Fortified Wine "To-Go" Sales
The sale of Mixed Beverages and Fortified Wine "to-go" allows businesses to offer cocktails and other mixed drinks for off-premises consumption under regulated conditions. In addition to the requirements for Unfortified Wine, mixed beverage and Fortified Wine “to go” sales require:
1. **Associated Food Sales**:
- Fortified wine and Mixed Beverages must be sold in conjunction with food. This requirement helps mitigate the risks associated with alcohol consumption by ensuring that drinks are paired with food.
2. **And all the other requirements!**
- For mixed beverage and Fortified Wine “to go” sales, you still have to comply with all the Unfortified Wine “to go” sales requirements
Additional Considerations
1. **Transportation and Storage**:
- Businesses must ensure that all "to-go" alcoholic beverages are transported and stored in compliance with state regulations. This includes keeping drinks in sealed containers and ensuring they are not accessible to the driver while in transit.
2. **Responsible Service**:
- It is the responsibility of the business to verify the age of the purchaser and to refuse sales to individuals who are visibly intoxicated. Adhering to responsible service practices is crucial to maintaining compliance and promoting public safety.
Conclusion
The introduction of "to-go" sales for Unfortified Wine, Fortified Wine, and Mixed Beverages offers exciting new opportunities for businesses in North Carolina. By understanding and adhering to the outlined requirements, businesses can expand their offerings while ensuring that they remain compliant with state laws.
These changes not only provide convenience for consumers but also support the hospitality industry in adapting to new market demands. As always, maintaining a commitment to responsible service and compliance with regulations is key to successfully navigating these new opportunities.
If you’re a business owner looking to take advantage of these "to-go" sales provisions, make sure to stay informed about the latest legislative updates and ensure all staff are trained in the new requirements. This proactive approach will help you provide excellent service while adhering to the highest standards of safety and compliance.