FAQ COVID-19 Alcoholic Beverages Sales

FAQ About the Sale of Alcoholic Beverages During the COVID-19 Emergency

Many questions have come up about the Governor’s Closure Order and

the Cabinet’s Order related to alcohol sales with food delivery and carryout.

This document outlines those questions and provides guidance from the

agency.

1. Does the order allow for sale of alcohol through both delivery and carryout?

Yes. The order allows the licensee to provide alcohol in its unopened and

sealed original container through home delivery, curbside service, or carryout.

2. Are bars and restaurants able to utilize services for delivery such as Uber

Eats, Grub Hub, Door Dash, etc.? Yes.

3. What is a “closed and sealed original container”? This means the original unopened

packaging of the beverage; exactly what you could buy off a package retailer’s shelf.

4. Can we buy tamper resistant bottles, put margaritas in them, and then seal them? No. that

would not be an alcoholic beverage in its unopened and sealed original packaging.

5. Can we purchase seal-able containers, fill them with a cocktail, seal them and sell them that

way? No. Only alcohol in its unopened and sealed original container may be sold for

off-premises consumption.

6. Would putting margarita in a tamper evident container count as original container? It is

sealed and will not be open until delivered. No. Only alcohol in its unopened and sealed

original container may be sold for off-premises consumption.

7. Does this order apply to bars? If the bar sells food, then yes. The order requires that

the home delivery, curbside service, or carryout of the alcohol be only allowed with

the sale of food.

8. Does the Governor’s order closing bars and restaurants to on-premises consumption apply

to private clubs? Yes. All on-premises consumption is prohibited.

9. Can a private club with an NQ3 retail drink license sell alcoholic beverages for off-premises

consumption? A private club can only allow members to enter the premises and must

exclude the general public. For this reason, a private club holding an NQ3 license

may only sell alcoholic beverages to club members for off-premises consumption

through carry-out, curbside service, drive-thru, or delivery.” A private club cannot

sell alcoholic beverages to the general public.

10. Can a golf course licensee serve beverages to golfers for on-site consumption? No. All

on-site consumption is prohibited.

11. Can a country club that has a restaurant and liquor license also sell alcohol and food by

carryout, curbside service or home delivery under this order? Yes.

12. Do microbreweries, package retailers or others who have been allowed to deliver to

consumers now have to deliver food in order to continue those deliveries? No. Businesses

previously licensed to deliver alcohol are not precluded from continuing to do so.

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13. Are tastings and samplings at distilleries permitted? No. All on-site consumption is prohibited.

14. Can a venue buy food and alcohol from a restaurant or caterer and then deliver or provide

for carry- out under this order? No.

15. Can a caterer who is licensed to sell by the drink sell food and alcohol by carryout or

delivery under this order? Yes.

16. If a customer is waiting on a carryout order, can the restaurant serve the patron a beer or

other alcoholic beverage while they wait? No. All on-premises consumption is

prohibited.

17. How much alcohol is considered incidental to the purchase of a meal? A serving of

alcoholic beverages that a person would normally order when eating a meal at a

restaurant. Since a person would not order a 1.75L bottle of distilled spirits with a

meal, it is not proper to sell such a bottle for off-premises consumption. The amount

delivered or carried-out must be reasonable. For example, a couple pizzas and a case

of beer, would be reasonable. A couple pizzas and a case of wine, would not.

18. Is a sell by the drink liquor license different from a Caterer's license or a Sunday retail drink

license? Can establishments with those types of licenses sell alcohol under the new Order

to sell packaged liquor?” There are several different types of “drink” licenses that

permit alcoholic beverage sales for consumption on the licensed premises (QD, NQ1,

NQ2, NQ3, NQ4, LR, and more). A caterer’s license is a different type of license but

it also authorizes retail drink sales. Licensed caterers can sell alcoholic beverages

under the Order. A Sunday drink license is a supplemental license and only

authorizes drink sales on Sunday. If the holder of a drink license also holds a Sunday

drink license, the holder can sell alcoholic beverages under the Order on Sunday at

times permitted by local ordinance.

19. With everything going on with the restaurants, can we sell unopened bottles of wine with

food purchases? Yes.

20. If we were to sell a bottle of wine to a customer, and the customer did not finish it while

waiting for their meal, would the law still be the same? As in, we would cork the wine, put it

in a bag, staple the bag shut with a receipt on the outside of the bag. This question

presumes on-site consumption, which is no longer permitted. However, the licensee

may sell an unopened bottle of wine with a meal by home delivery, curbside service

or carryout.

21. Are businesses permitted to sell growlers of beer? Beer growlers are permitted under

804 KAR 11:040 but such sales require a NQ retail malt beverage package license.

Nothing in the Order changes the law related to growlers.

22. Can a hotel provide alcohol to a guest for in-room consumption? Yes.

23. If a business is temporarily closing due to COVID-19, are they required to notify the

Department of such closure and suspend their license? No. Businesses are not required

to suspend their license or notify the Department of closure or reopening due to

COVID-19.

24. Are businesses permitted to make or bottle hand sanitizer? The Kentucky Distillers’

Association (KDA) is providing guidance about distilleries producing hand-sanitizer.

The KDA contact person is Colleen Thomas, Director of Member and Public Affairs.

Her email is colleen@kybourbon.com.