COVID-19 Update: Beer and Wine To-Go Orders and Deliveries for Idaho Retailers

Legal Alert

State and local governments nationwide have recently taken a number of unprecedented steps to combat the spread of COVID-19. In Idaho, although no statewide order has yet been issued to close or limit the operations of restaurants and bars, some municipalities have issued such orders and, in particular, on March 19th City of Boise Mayor Lauren McLean issued a public health emergency order requiring the closure of all bars and restaurants’ dine-in operations for a period of 30 days (through April 18th). Under the order, restaurants may continue takeout and delivery options.

Given this order, and the steps that other local governments or the State of Idaho may take in the near future, many restaurants with beer and wine licenses may want to revisit the terms of their licenses and the requirements under which they may sell beer and wine for off-premises consumption via takeout or delivery services.

If you have a beer and wine license, then you are already able to sell bottles and cans of beer to-go for off-premises consumption. Depending on which endorsements are on your beer and wine license, you may also be able to sell bottles of wine, kegs of beer, and growlers of beer for off-premises consumption. The endorsements can be added to an existing license by application to the Idaho State Police Bureau of Alcohol Beverage Control (“ABC”). The endorsement costs range from $0 to $100. In speaking with ABC, it may take up to a week to process your request to add an endorsement. 

In addition to takeout, you may deliver these products to consumers in Idaho either directly or through third-party delivery services. However, ABC has issued the following guidelines for delivery of beer and wine:

  • All transactions must be prepaid and take place by credit or debit card at the licensed premise (phone or online);
  • The delivery person must be over the age of 19;
  • No money may be exchanged between the delivery person and the customer upon delivery (including tips, service charges, etc.); and
  • Upon delivery, the delivery person must verify that the person on the credit or debit card matches the person accepting the delivery and that the person is over 21;

No alcoholic liquor (e.g., whiskey, gin, etc.) may be sold for off-premises consumption under Idaho law.

If you have any questions about beer and wine sales, please contact us.

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