Letter to Governor Re: Allowing Carry-out Beer/Wine at On-Sale

**Updated Letter Sent 4/3/2020**

April 3, 2020

Governor Tim Walz
75 Rev Dr. Martin Luther King Jr. Boulevard, Suite 130
St. Paul, MN 55155

RE:   MLBA supports temporary, safe, “Take Out” wine and beer for bars and restaurants

Dear Governor Walz:

The Minnesota Licensed Beverage Association (MLBA) represents Minnesota’s independent, family-run liquor retailers, both bars and restaurants (on-sale) and liquor stores (off-sale).  Our March 21 communication noted Minnesota Licensed Beverage Association Board of Directors unanimous support for an additional emergency order seeking a temporary, limited change to allow current on-sale alcohol retailers to sell pre-packaged wine and beer off-sale with food orders.

We are mindful of public safey and public health, and would recommend the following guidelines:

  • Bars and restaurants would be required to sell food with all take-out liquor orders,
  • All alcohol sold off-sale would be in pre-packaged, closed containers. (We do not support mixed-drinks – which would change the state’s “open container” laws),
  • Beer sales (and seltzers, etc.) be limited to pre-packaged products, with a maximum amount of 144 oz per order. (This is the equivalent of 12 cans of 12 oz beer or 9 cans of 16 oz beer).
  • Wine sales be limited to 1500 ml of wine, which is the equivalent of two bottles of 750 ml wine.
  • Hard liquor (spirits) not be allowed for off-sale by bars and restaurants due to public safety concerns.
  • Current rules pertaining to customer age identification would stay in effect by following current Minnesota Statues 340a.503. No customers would be served with obvious signs of intoxication and operators would be required to follow current Minnesota Statues 340a.502.
  • This temporary provision would only be allowed until the emergency order that restricts bars and restaurants to be closed has been lifted, or as directed by further Emergency Order.

Other states have also issued executive orders allowing temporary “take out” of beer/wine, including Texas, New York, California, Maryland, Colorado, Illinois, South Carolina, New Hampshire, and more.

Midwest states are allowing temporary changes:

  • Iowa temporarily authoried “take out” for pre-packaged wine and beer sales, as well as mixed drinks.
  • Illinois temporarily authoried “take out” for pre-packaged wine and beer.
  • Fargo and Grand Forks, ND temporarily authorized sealed wine and beer “take-out” with food.
  • Wisconsin is allowing a “carry-out, in-person” basis, and no alcohol delivery is permitted.

Sincerely,

Tony Chesak
MLBA Executive Director

_________________________________

**Initial Letter Sent March 25th**

March 25, 2020

Governor Tim Walz
75 Rev Dr. Martin Luther King Jr. Boulevard, Suite 130
St. Paul, MN 55155

RE:   MLBA supports “Take Out” wine and beer for bars and restaurants, continuing off-premise service at restaurants, bars and designating both restaurants/bars and liquor stores as “essential” in the event of an order for “Shelter in Place” by the Governor

Dear Governor Walz: 

The Minnesota Licensed Beverage Association (MLBA) represents Minnesota’s independent, family-run liquor retailers, both bars and restaurants (on-sale) and liquor stores (off-sale).

Our March 21 communication noted Minnesota Licensed Beverage Association Board of Directors unanimous support for an additional emergency order seeking a temporary change to allow all current on-sale alcohol retailers to sell pre-packaged wine and beer off-sale with food orders– both in carry-out and delivery being mindful of public safety, with the following guidelines:

  • Bars and restaurants would be required to sell food with all take-out liquor orders,
  • All alcohol sold off-sale would be in pre-packaged, closed containers. (No mixed drinks allowed – which would change the state’s “open container” laws),
  • Beer sales (and seltzers, ciders, malt alternative beverages, etc.) be limited to pre-packaged products, with a maximum amount of 144 oz per order. (This is the equivalent of 12 cans of 12 oz beer or 9 cans of 16 oz beer).
  • Wine sales be limited to 1500 ml of wine, which is the equivalent of two bottles of 750 ml wine.
  • Hard liquor (spirits) not be allowed for off-sale by bars and restaurants due to public safety concerns.
  • Current rules pertaining to customer age identification would stay in effect by following current Minnesota Statues 340a.503. No customers would be served with obvious signs of intoxication and operators would be required to follow current Minnesota Statues 340a.502.
  • This temporary provision would only be allowed until the emergency order that restricts bars and restaurants to be closed has been lifted, or as directed by further Emergency Order.

Other states have also issued executive orders allowing temporary “take out” of beer/wine, including Texas, New York, California, Maryland, Colorado, Illinois, South Carolina, New Hampshire, and the City of Fargo, ND.

In addition, this communication is to also reiterate our strong support for bars and restaurants, who are currently providing off-premise service through carry-out and delivery, to continue this essential service, particularly during a “shelter-in-place” order. This continued food service is essential to consumers and a critical need. Delivery and take-out assist customers with staples they depend on, without traveling, and they can more adeptly stay home to slow the spread of COVID-19.

Thank you for your consideration.

Tony Chesak, Executive Director
Minnesota Licensed Beverage Association