Virginia ABC Licensed Restaurants with mixed beverage licenses and distilleries with approved tasting rooms are now able to provide delivery services and take-out mixed (liquor) drinks. This temporary privilege was effective Friday, April 10, 2020. If you are a restaurant with a Mixed Beverage License, no additional license is needed.
**VA ABC Authority UPDATE**
The Virginia ABC Authority has issued additional guidance to the above graphic, regarding the sale of mixed beverages (“cocktails”) for carry-out and delivery. In addition to the guidance previously provided (e.g., (i) at least one meal for every two cocktails included in the order; (ii) a limit of four cocktails for each delivery or take out sale; (iii) mixed drink shall be packaged in a glass, paper or plastic container or similar disposable container having a secure lid or cap designed to prevent consumption without removal of the lid or cap; the Virginia ABC Authority has issued the following additional guidance:
- For the limited purpose of this temporary privilege, the term “cocktail” shall be defined as a single alcoholic drink consisting of one or more spirits, wine or beer, and at least one mixer, with a maximum combined volume not to exceed 16 ounces.
- Licensees shall not deliver or make available for takeout any combination of cocktails or mixed drinks where the entire contents of an original container or its equivalent of spirits is sold or served for off premises consumption.
- Any licensee selling such mixed drinks for delivery shall ensure that such cocktails or mixed drinks will only be transported in the trunk of a motor vehicle or, if there is no trunk, the cocktails or mixed drinks must be transported in an area of the vehicle that cannot be accessed by the driver. NOTE: Any licensee selling cocktails or mixed drinks for takeout shall inform operators of motor vehicles of the above requirements. It is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle.
- All recipients of delivery orders shall demonstrate upon delivery that he/she is at least 21 years of age by presenting bona fide evidence of legal age.
- All such deliveries pursuant to this temporary extended privilege shall be to consumers within the Commonwealth for personal consumption only.
- All such deliveries shall be performed by the Licensee’s employee, agent or independent contractor; provided that the Licensee has entered into a written agreement with the agent or independent contractor establishing that the Licensee shall be vicariously liable for any violations committed by the agent or independent contractor.
- Cocktails shall not be consumed in public or in any other area where open containers are prohibited by law.
- Service of cocktails or mixed drinks for delivery or takeout must cease no later than 11 PM daily and not resume until after 6 AM the following day.
The temporary delivery and takeout privileges may be revoked summarily by the Virginia ABC Authority for any noncompliance with the above restrictions. The determination to revoke the temporary delivery and takeout privilege shall not be subject to appeal.
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