Could to-go alcohol become permanent in Kentucky? Senate bill would make it so.
Early in the pandemic, as restaurants closed their doors to the public and shifted to take-out only, Gov. Andy Beshear issued an executive order that allowed them to sell alcohol to-go, a salve intended to soften the financial blow.
Now, some Kentucky lawmakers want to make that change permanent.
State Sen. John Schickel, R-Union, filed Senate Bill 67, which would allow restaurants to sell alcohol, including cocktails, in a sealed container for delivery and to-go orders, so long as it is purchased with a prepared meal.
“This codifies Gov. Beshear’s orders on take-out alcohol in restaurants, which has worked so well,” Schickel told the Senate Licensing and Occupations Committee.
Across the country, 33 states and Washington D.C. have allowed alcohol to-go during the pandemic, according to Jay Hibbard, the vice president of government relations for the Distilled Spirits Council. So far, Iowa and Ohio have made the changes permanent and Michigan passed a law that would allow take-out alcohol for five years.
Many restaurants make their money in alcohol sales, where inventory doesn’t expire and they can take a higher profit margin on products they buy wholesale. By making take-out alcohol permanent, advocates for the bill are hoping it will help bolster restaurants as they face unpredictability over when more of the public will feel comfortable eating in public.
“Kentucky restaurants have been very heavily damaged during the pandemic,” Hibbard said. “There’s no predicting when customers will feel comfortable coming back to restaurants, so we want to make sure they have the opportunity to take every advantage of developing a revenue stream that will help save a job, pay a utility bill, help keep the doors open in that very important industry.”
Alcohol laws have always been complicated in Kentucky. There are at least 11 dry counties in Kentucky, not including the ones that are “moist,” where there are regulations on who can sell alcohol and where they can sell it in the county. This bill would prohibit deliveries to dry counties, people under 21 and people who are intoxicated.
But while take-out alcohol has been popular among restaurants and the public, it could come with an economic cost. A fiscal note on the bill said that there is the possibility that it would not comply with federal open container requirements. If it was found to be out of compliance, the state would face a penalty where $15 million in federal funds already allocated to the state would have to be used for public safety and couldn’t be used for road projects.
Schickel said he believed the committee substitute addressed the concerns, specifically the provisions that require the alcohol to come in a closed container and that it can’t be more than would be reasonably consumed with a meal.
“I talked to our transportation people and they felt comfortable that it would not be the case,” Schickel said. “Especially with the added language.”
The Transportation Cabinet did not immediately respond to a request for comment.
The committee passed the bill unanimously, and it will now go to a vote on the Senate floor.
This story was originally published February 9, 2021 at 12:09 PM.
