Noah Vinter
Alcohol delivery laws vary from state to state, and even within states, there may be differences in local laws. For example, in the US, Texas, Arizona, California, Florida, Idaho, Illinois, Iowa, Ohio, Michigan, Minnesota, Missouri, Nebraska, New York, Oregon, Virginia, Washington D.C., and certain cities in Texas are eligible for alcohol delivery through Grubhub. In Texas, alcohol delivery is allowed within 2 miles of the corporate limits of the location's city, county, or town. In Mississippi, restaurants can sell single, sealed bottles of wine with food orders for pickup or delivery. In Massachusetts, a Transportation and Delivery Permit authorizes the holder to pick up and deliver alcoholic beverages.
| Characteristics | Values |
|---|---|
| Locations eligible for alcohol delivery | Arizona, California, Florida, Idaho, Illinois, Iowa, Ohio, Michigan, Minnesota, Missouri, Nebraska, New York, Oregon, Texas (Austin, Houston, San Antonio only), Virginia, Washington D.C., Saskatchewan, Alabama, Arkansas, Georgia, Mississippi, Oklahoma, New Mexico, West Virginia, Kansas, Indiana, Pennsylvania, Wyoming, Alaska, Connecticut, Iowa, Louisiana, Massachusetts |
| Requirements | A valid driver's license and age above 21 years |
| Delivery platforms | Grubhub, Doordash, Uber Eats |
| Texas | Requires a Brewpub License (BP), Retail Dealer's On-Premise License (BE), Wine and Malt Beverage Retailer's Off-Premise Permit (BQ), Package Store Permit (P), Wine-Only Package Store Permit (Q), Consumer Delivery Permit (CD) |
| Kansas | Beer and alcoholic drinks must be in containers placed inside sealed, clear bags |
| Mississippi | Single, sealed bottles of wine with a pickup food order |
| Missouri | Alcohol containers must be durable, leak-proof, sealed, and not exceed 128 ounces |
| Massachusetts | Alcoholic Beverages Transportation & Delivery Permit (ABCC) |
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What You'll Learn
Alcohol delivery laws vary across US states and Canadian provinces
In Washington D.C., alcohol delivery is restricted to residences only, and the delivery person must be over the age of 18 and carry a government-issued photo ID. Curbside delivery is permitted, but drivers must be careful not to block the road. Additionally, all delivery personnel must verify the age and identity of the recipient, who must be 21 or older.
In Canada, provinces like Ontario and Manitoba have made alcohol delivery permanent, while Nunavut and Yukon have not introduced new laws. As of November 2021, restaurants in Saskatchewan with a valid liquor permit can sell alcohol with takeout and delivery orders, but they cannot establish retail displays or offer in-location shipping for takeout alcohol. In contrast, Mississippi allows restaurants to sell single, sealed bottles of wine with pickup food orders and mixed drinks within Leisure and Recreation Districts (LRDs) if they have the appropriate license. They can also deliver liquor, beer, wine, or light spirits within a 30-mile radius, excluding dry counties/cities and customers who appear intoxicated.
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Delivery personnel must verify the age of the recipient
Alcohol delivery services are subject to strict regulations that vary by location. Delivery personnel play a crucial role in ensuring compliance with these regulations, particularly when it comes to verifying the age of the recipient.
In the United States, the legal drinking age is 21 years old. This means that delivery personnel must confirm that recipients of alcohol deliveries are at least 21 years of age. This typically involves checking the recipient's government-issued photo ID, such as a driver's license or passport. It is important to note that some states may have additional requirements, such as the need for a valid driver's license or a specific delivery permit. For example, in New York, delivery drivers must have a copy of the Fleet Trucking Permit in their vehicle when delivering alcohol. Similarly, in Ohio, a valid copy of the H permit is required when transporting alcoholic beverages.
To ensure effective age verification, delivery personnel should be trained to identify legitimate forms of identification. This includes familiarizing themselves with the security features of different types of IDs, such as smooth, uniform edges and consistent surfaces. They should also be cautious when encountering IDs from other states or countries, as the design and security features may differ. In addition, delivery personnel should be encouraged to use their best judgment and refuse delivery if they have any doubts about the recipient's age, even if a valid ID is presented.
In some cases, delivery apps may provide additional tools to assist with age verification. For instance, the Grubhub app allows delivery drivers to scan the customer's ID to complete the verification process. Alternatively, if the app cannot scan the ID, the driver can manually enter the customer's birthdate as printed on the valid government ID. This digital verification process can enhance the accuracy and efficiency of age verification.
It is worth noting that age verification is not just a legal requirement but also a means of ensuring the safety of both the delivery personnel and the recipient. Delivering alcohol to a minor is a serious offence and can result in civil and criminal liability. Therefore, delivery personnel must exercise their best judgment and refrain from completing the delivery if they suspect that the recipient is underage, even if a valid ID is presented. By doing so, they can help prevent underage access to alcohol and mitigate potential legal consequences.
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Alcohol must be in unbroken, original containers
Alcohol delivery laws vary across different states and provinces. For instance, in Texas, alcohol must be in unbroken, original containers sealed by the manufacturer. The delivery is only permitted within 2 miles of the corporate limits of the location's city, county, or town. Additionally, the type of alcohol that can be delivered depends on the license or permit of the retailer. For instance, retailers with a Wine and Malt Beverage Retailer's Off-Premise Permit (BQ) can deliver wine and malt beverages containing no more than 17% alcohol by volume. On the other hand, a Brewpub License (BP) does not allow for alcohol delivery. Distilled spirits must be in unbroken packages (sealed containers) that do not exceed 750 milliliters, and retailers may not sell more than four 750 mL bottles to the same person in a 30-day period.
In Mississippi, restaurants can sell single, sealed bottles of wine with food pickup orders. Restaurants located in a Leisure and Recreation District (LRD) can sell mixed drinks with to-go food orders if they have the appropriate license. Licensed businesses and restaurants can deliver liquor, beer, wine, or light spirits within a 30-mile radius, but not to dry counties/cities or to anyone appearing intoxicated. Missouri has a similar 'to-go alcohol' sales law, which also requires containers to be durable, leak-proof, sealed, and not exceeding 128 ounces.
In Massachusetts, a Transportation and Delivery permit is required to pick up and deliver alcoholic beverages. This permit does not allow for the transfer of products between different off-premises locations of the same company.
Grubhub permits alcohol delivery by its delivery partners in certain markets, including Arizona, California, Florida, Idaho, Illinois, Iowa, Ohio, Michigan, Minnesota, Missouri, Nebraska, New York, Oregon, Texas (select cities), Virginia, and Washington D.C. However, specific requirements may apply based on the state and local laws of the location. For example, certain counties in Illinois require BASSET training, while New York requires a copy of the Fleet Trucking Permit to be present in the delivery vehicle.
In Washington, D.C., alcohol delivery services may only be provided to residences, and the minimum age to purchase or consume alcoholic beverages is 21 years. Curbside delivery is considered carry-out and is permitted, as long as it is provided to an individual aged 21 or older.
In Quebec, restaurants can sell alcoholic beverages in sealed containers for takeout and delivery, but not hard liquor containing over 7% alcohol content. The alcohol must be accompanied by food. In Saskatchewan, restaurants with a valid liquor permit can sell alcohol with takeout and delivery orders, but they cannot establish retail displays or in-location shipping for takeout alcohol.
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Delivery licenses are required in some states
Alcohol delivery laws vary across different states and provinces, and they are subject to frequent changes. For instance, in Texas, alcohol must be in unbroken, original containers sealed by the manufacturer. Alcohol delivery is only permitted within 2 miles of the corporate limits of the location's city, county, or town. Texas also has specific license requirements for the delivery of different types of alcoholic beverages.
In Massachusetts, a Transportation and Delivery permit authorizes the holder to pick up and deliver alcoholic beverages. This permit cannot be used to transfer products between different off-premises locations of the same company.
In Mississippi, restaurants can sell single, sealed bottles of wine with food pickup orders. Additionally, restaurants in Leisure and Recreation Districts (LRD) can sell mixed drinks with takeout food orders if they have the appropriate license. Licensed businesses and restaurants can deliver liquor, beer, wine, or light spirits within a 30-mile radius, excluding dry counties/cities and customers who appear intoxicated.
Grubhub, a food delivery service, permits alcohol delivery in specific markets, including Arizona, California, Florida, Idaho, Illinois, Iowa, Ohio, Michigan, Minnesota, Missouri, Nebraska, New York, Oregon, Texas, Virginia, and Washington D.C. Within these markets, there are additional state-specific requirements, such as the need for a Fleet Trucking Permit in New York and an H permit in Ohio.
In Washington D.C., alcohol delivery is restricted to residences, and the minimum age to deliver alcoholic beverages is 18 years. Sidewalk cafes with valid public space permits can also sell alcoholic beverages for carry-out.
It is important to review the specific laws and regulations for each state or province to understand the eligibility and requirements for alcohol delivery.
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Some restaurants and bars can sell mixed drinks to go
Alcohol delivery laws vary across different locations. In the United States, some states like Iowa, Ohio, and Oklahoma have made alcohol delivery permanent, while others have not changed their liquor laws. For example, Texas has specific regulations for the sale of malt beverages, distilled spirits, and wine, with requirements for packaging and quantity limitations.
In Mississippi, restaurants can sell single, sealed bottles of wine with pickup food orders and those in Leisure and Recreation Districts (LRD) can offer mixed drinks with takeout meals. Missouri has a similar rule, allowing restaurants and bars to sell mixed drinks to-go with the purchase of a meal. The containers must be durable, leak-proof, sealed, and not exceed 128 ounces.
Grubhub, a popular food delivery service, offers alcohol delivery in select markets, including Arizona, California, Florida, Illinois, Iowa, Michigan, Minnesota, New York, Ohio, Oregon, Texas (select cities), Virginia, and Washington D.C. They emphasize the importance of complying with state and local laws, including verifying the customer's age and not delivering to minors or visibly intoxicated individuals.
In Canada, provinces like Ontario and Manitoba have made alcohol delivery permanent, while Nunavut and Yukon have not introduced new laws. Quebec, Saskatchewan, and the Yukon have specific regulations for restaurants, with conditions such as requiring a valid liquor permit and prohibiting retail displays for takeout alcohol.
It is important to stay informed about the specific alcohol delivery laws and regulations in your location, as they can vary and change over time.
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Frequently asked questions
Alcohol delivery laws vary across the US, and they are subject to frequent change. As of 2023, 35 states and Washington D.C. allow some form of local alcohol delivery directly to consumers' homes. Some states that permit alcohol delivery include Texas, New York, Ohio, California, Florida, Illinois, and Mississippi.
Alcohol delivery is permitted within 2 miles of the corporate limits of the location's city, county, or town in Texas. Eligible cities include Austin, Houston, and San Antonio.
Alcohol delivery is permitted in the state of New York. However, delivery drivers must have a copy of the required Fleet Trucking Permit in their vehicle.
Alcohol delivery is permitted in the state of Ohio. Delivery drivers must keep a valid copy of their H permit in their vehicle when transporting alcoholic beverages.
Alcohol delivery is permitted in Massachusetts. To deliver alcohol, you must obtain a Transportation and Delivery permit pursuant to M.G.L. c. 138, § 22.
