On July 1, the Florida executive order that helped restaurants survive earlier in 2020 by allowing "to-go cocktails" will take effect permanently, after Gov. Ron DeSantis signed Senate Bill 148 into law on May 13. The executive order and the new law were designed to provide some much-needed economic relief to the restaurant industry in the wake of COVID-19, amid reduced capacity and reduced patronage. In 2020, almost all 50 states introduced or revised their existing "to-go" beverage policies, and now, Florida has made the change permanent.

Restaurant Requirements to Participate in 'To-Go' Drinks

In order to comply, restaurants need to:

• Have at least 2,500 square-feet of dining area;
• Be equipped to serve 150 persons at one time; and
• And derive at least 51% of its gross food and beverage revenue from the sale of food and nonalcoholic beverages.

If the food service establishment meets these eligibility requirements, the law allows it to sell or deliver alcoholic beverages in a sealed container for off-premises consumption with several restrictions. Such sale or delivery:

• Must be accompanied by food within the same order;
• May include wine based or liquor-based beverages prepared by the establishment;
• May not include a bottle of distilled spirits sealed by a manufacturer;
• Must be in a container securely sealed that prevents the beverage from being consumed before removal from the premises and placed in a bag or container that is secured in such a manner that it is visibly apparent if it has been tampered with;
• Must include a dated receipt for the beverage and food; and
• Must conclude when the restaurant's food service ends for the day.

If the "to-go" drink is transported by vehicle, it must be in a locked compartment, trunk or area behind the last upright seat. It may not be transported by someone under the age of 21 and the vendor must ensure the legal age of the person taking delivery. If compliant, the "to-go" beverage is not considered an open container violation.