Lena Savoie
Wisconsin has some unique laws surrounding the consumption of alcohol. For example, it is legal for minors to consume alcohol in licensed establishments and their own homes if they are accompanied and permitted by their parents. Another interesting law is that alcohol cannot be sold in to-go containers and must be consumed on the licensed premises. In terms of delivery, Wisconsin is one of eight states that prohibit online alcohol orders. However, a new bipartisan bill would make it legal for Wisconsinites to order beer and liquor for delivery or curbside pickup. This bill would bring Wisconsin in line with the other 42 states that allow online or phone purchases for delivery and pickup.
| Characteristics | Values |
|---|---|
| Current law | Alcohol delivery is not allowed from local establishments without a face-to-face purchase |
| Current law | Sellers can deliver alcohol to a location after the sale, but the actual purchase must be made in person |
| Current law | Wisconsin is one of eight states that still prohibit online alcohol orders |
| Proposed law | Alcohol can be delivered to customers' homes |
| Proposed law | Alcohol can be picked up curbside after placing an order online or by phone |
| Proposed law | Businesses offering a curbside service must have designated spots for customers to park in while their order is brought out to them |
| Proposed law | Protections will be put in place to prevent the sale of alcohol to underage drinkers |
| Proposed law | Delivery drivers will be trained to check IDs |
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What You'll Learn
Wisconsin's current alcohol delivery laws
The bill, authored by senators and representatives from both major parties, seeks to modernise the state's system for purchasing alcohol and bring it into line with the other 42 states that allow online or phone purchases for delivery and pickup. One of the main concerns raised about the bill is the responsibility for verifying the age of customers, particularly during deliveries. The Tavern League of Wisconsin has pushed back against the legislation, arguing that the liability for checking IDs could be passed from cashiers in stores to delivery persons. However, supporters of the bill argue that there would be protections in place to prevent sales to underage drinkers, including training requirements for obtaining a permit that go beyond current regulations.
In addition to allowing direct delivery to customers, the bill would also enable retailers to provide curbside pickup for alcohol purchases. This would allow customers to place an order online or by phone and then pick it up from a designated spot without having to enter the store. Currently, Wisconsin is one of only eight states that still prohibit online alcohol orders, and the bill aims to provide more convenience and flexibility for consumers and retailers.
It is worth noting that Wisconsin has unique laws regarding underage drinking. In Wisconsin, it is legal for underage persons to consume alcoholic beverages in licensed establishments or at home if they are accompanied by their parents or legal guardians. This law applies to anyone drinking in a Wisconsin establishment, regardless of their residency. Additionally, funeral homes are unlikely to obtain liquor licenses due to the requirements for Class B licenses, which include complying with restaurant sanitation standards and specific restrictions on the types of businesses allowed.
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The new bipartisan bill
A new bipartisan bill was introduced in the Wisconsin state legislature in February 2023, which would make it legal for Wisconsin residents to order beer, wine, and liquor directly to their homes without having to make a face-to-face purchase. The bill was authored by a bipartisan group of legislators, including senators and representatives from both major parties. The bill aims to modernize Wisconsin's alcohol purchasing system and bring it in line with the majority of other states that allow online or phone purchases for delivery and pickup.
Currently, Wisconsin is one of only eight states that prohibit online alcohol orders and require all alcohol sales to be made in person at a licensed store. The new bill would allow customers to place orders online or by phone and have the alcohol delivered to their doorstep or pick it up curbside. This change would help local retailers compete with national companies that already ship packages directly to customers.
One of the main concerns with the legislation has been the verification of customer age during deliveries to prevent underage drinking. The Tavern League of Wisconsin, a powerful group, has pushed back against the bill, arguing that the responsibility for checking IDs should remain with the store cashier. However, the bill's proponents have assured that protections will be put in place to address this issue. The bill requires training and a permit for delivery drivers, ensuring they are equipped to check IDs properly.
The bipartisan bill has gained support from various segments of the alcohol industry, including craft brewers, national brewers, bar owners, and alcohol distributors. It has been praised as a good compromise that offers much-needed updates to the state's liquor laws. The bill passed in the Wisconsin Assembly in June 2023 and is expected to receive final approval in the Senate, with Democratic Gov. Tony Evers likely to sign it into law.
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Cities and counties that allow alcohol delivery
The laws for alcohol delivery vary across different states, counties, and municipalities. In Wisconsin, each individual city or county must approve alcohol delivery services like Instacart.
According to Instacart's website, alcohol delivery is available in several cities in Wisconsin, including Abbotsford, Abrams, Adams, Adell, Afton, Albany, Algoma, Allenton, Alma, and many others. The website also provides a list of cities where Instacart offers alcohol delivery in Wisconsin, which can be accessed by entering your ZIP code.
It is important to note that alcohol delivery laws are subject to change, and it is always a good idea to check the relevant local laws and regulations for the most up-to-date information. Additionally, some states have specific requirements, such as Texas, which allows parking lot pickup of alcohol orders for most license types and issues Consumer Delivery (CD) permits for businesses with a Food and Beverage (FB) Certificate to deliver mixed drinks off-site.
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Alcohol delivery to underage drinkers
In Wisconsin, it is illegal to serve alcohol to guests under the age of 21, even in one's own home. Wisconsin law does allow parents to serve their own children alcohol under certain conditions, but it is not legal to serve alcohol to other people's children in the same manner. The law also prohibits selling alcohol to anyone under 21, contributing money for the illegal purchase of alcohol for underage drinkers, or purchasing alcohol directly for underage drinkers when asked.
The potential penalties for hosting drinking parties for minors or underage drinkers in Wisconsin can be severe. If an accident occurs involving an intoxicated underage drinker who was a guest in your home, you could be charged with a Class G felony, resulting in up to 10 years in prison and/or a fine of up to $25,000, in addition to other costs and consequences.
While Wisconsin's current regulations do not allow the delivery of alcohol from local establishments without a face-to-face purchase, a new bill introduced by a bipartisan group of lawmakers would permit online ordering for pickup or delivery. This bill would modernize Wisconsin's alcohol purchasing system and bring it into line with the other 42 states that allow online or phone orders for delivery and pickup.
It is important to note that alcohol use disorder (AUD) is a recognized medical condition characterized by a problematic pattern of alcohol consumption. If you or someone you know is struggling with alcohol abuse, it is crucial to seek professional help to lead a clean and sober life.
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Alcohol delivery from restaurants
Alcohol delivery laws vary from state to state in the US, and in Wisconsin, they can differ between cities and counties. While it appears that alcohol delivery is legal in most, if not all, cities in Wisconsin, there may be some exceptions. To confirm whether alcohol delivery is permitted in your specific location within the state, it is recommended to check with your local regulations or use services like Instacart or Gopuff, which allow you to input your zip code to determine eligibility.
Instacart is a popular option for alcohol delivery in Wisconsin. They offer delivery of beer, wine, liquor, and mixers, as well as non-alcoholic drinks and food items. The process involves using the Instacart app or website to place an order, after which a personal shopper will purchase and deliver the items to your location. The platform provides tracking and communication features to stay updated on your order's progress. It is important to note that additional alcohol cannot be added to an order once it has been placed, and a valid ID must be presented upon delivery to verify the recipient's age. The accepted forms of ID for alcohol delivery in Wisconsin include a US-issued driver's license with a photo, a US-military ID, a state-issued identification card, or a US-issued passport (although passports are not accepted for Costco or Walmart orders). Delivery fees for Instacart start at $3.99 for same-day orders over $35, and orders containing alcohol have a separate service fee.
Another option for alcohol delivery in Wisconsin is Gopuff, which offers a range of alcoholic beverages, including craft beer, hard seltzer, liquor, and wines. Gopuff delivers within minutes of placing an order and accepts various payment methods, including credit and debit cards, Google Pay, Apple Pay, and Venmo. Similar to Instacart, Gopuff requires customers to be 21 or older and provide a valid ID upon delivery.
It is worth noting that some sources mention that alcohol could not be purchased on Sundays in Wisconsin, although it is unclear if this restriction is still in place. Additionally, Wisconsin has a unique regulation where parents can allow their children to have a drink in a restaurant setting.
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Frequently asked questions
Under Wisconsin's current regulations, delivery of alcohol isn't allowed without a face-to-face purchase. However, a new bipartisan bill would make it legal for Wisconsinites to order beer, wine, liquor, or mixed drinks straight to their doors.
Alcohol delivery is allowed in Wisconsin if the purchase is made in-person. The seller can then deliver it to the customer's location.
The new bill would allow customers to order alcohol online or by phone and have it delivered to their location, removing the need for face-to-face contact with the seller.
One of the main concerns is verifying the age of customers, especially during deliveries. The Tavern League of Wisconsin has pushed back against the legislation, stating the need to ensure that people under the legal drinking age cannot obtain alcohol.
The bill requires training and a permit to deliver alcohol, ensuring that delivery drivers know how to check IDs. These requirements go beyond other regulations for purchasing alcohol.
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