Experienced And Knowledgeable With Both The Alcohol beverage Industry And The Law

New law about the sale of alcohol in Florida

On Behalf of | Mar 29, 2023 | alcohol beverage law

Since the summer of 2021, consumers across Florida have enjoyed the ability to order drinks to go. This allowance extends to a multitude of different food service businesses, as well as permitting individuals to take partially-consumed beverages out of a restaurant. In some cases, delivery is also permitted.

This relatively new legislation, namely Senate Bill 148, can be advantageous to businesses that sell alcohol, as it may provide additional sales opportunities. However, it is important that anyone delivering alcohol under the new rules do so within the parameters of the law to prevent negative outcomes. Here are some basic details about what is and is not permitted under SB 148:

  • Using the right container: licensed businesses that opt to sell beverages as part of a takeout must put the drink in a sealed container. The beverage must remain sealed until it reaches the customer to prevent any tampering along the way.
  • Correctly transporting the beverage: In addition to keeping the drink sealed, those who are delivering an alcoholic beverage in a motor vehicle must lock the drink somewhere where they cannot access it while driving. Additionally, delivery drivers transporting alcohol must be at least 21 years of age.
  • Having the proper license: Businesses must meet certain criteria in order to take advantage of SB 148. Specifically, they must be licensed as a public food service establishment, meaning that they are selling food alongside beverages. Food must make up 40% or more of the order as well.

The sale of alcoholic beverages can be very lucrative for food service businesses. The added allowances under SB 148 can be an opportunity for certain establishments to increase their revenue. However, it is critical that such businesses act in accordance with the law in order to protect their own interests as well as the health and safety of their patrons. Businesses can get more information and insight regarding alcohol licensing and related laws from a Florida lawyer.

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The foregoing was prepared as general information. It is not meant to provide legal advice granting any specific matter and should not be acted upon without professional counsel. If you have questions or require additional information regarding these or other related matters, please contact Malkin Law, P.A. This material may be considered attorney advertising under certain rules of professional conduct.