You can now get to-go alcohol from restaurants in Delaware regardless of a global pandemic, thanks to a new bill.
The legislation by House Speaker Pete Schwartzkopf, a Rehoboth Beach Democrat, makes drive-thru and takeout alcohol sales officially legal – and permanent.
Lawmakers passed the bill on Thursday. Gov. John Carney plans to sign the bill into law once his legal team reviews it, according to his spokesperson Jonathan Starkey.
Originally, the law was temporary under Carney’s pandemic emergency orders and expected to expire in a couple of months.
Now, people in Delaware can buy alcohol for takeout, curbside or drive-thru at any restaurant, brewpub, tavern, taproom or other business with a liquor license forever, according to the bill.
Customers have to buy at least $10 of food to get a to-go drink.
The bill limits sales to one 750-milliliter bottle of wine, six servings of beer and mixed cocktails. The drink has to be in a sealed container, such as with a lid or cap, in an attempt to prevent people from drinking while driving. Openings for sipping or straws are not allowed.
Restaurants will not be required to sell alcohol to-go as a result of the bill.
The bill was a result of lobbying efforts by the restaurant industry, according to Delaware Restaurant Association President and CEO Carrie Leishman. It was also popular with the public, especially since eating takeout with a to-go cocktail has become the norm due to COVID-19, she said.
“It is a small win, not only for the restaurant industry who struggled so much during the pandemic but also the consumer,” she said. “The pandemic showed us that we need to have a little fun.”
The only lawmaker to not vote for the bill was Rep. Paul Baumbach, a Newark Democrat, who abstained from voting on Thursday. He said he does not think curbside alcohol sales are justified once the pandemic is over because people can drink inside a restaurant and buy it at a liquor store.
“This was an accommodation, as the public health benefits clearly outweighed the public safety disadvantages, during the pandemic,” Baumbach wrote in an email. “Where is the justification to permit curbside delivery of alcohol after the pandemic?”
At the start of the COVID-19 pandemic in March 2020, Carney issued an emergency order that temporarily allowed to-go sales to help restaurants stay afloat when customers were barred from dining inside to slow the spread of the virus.
Originally, the General Assembly extended that order through March 2022.
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Sarah Gamard covers government and politics for Delaware Online/The News Journal. Reach her at (302) 324-2281 or sgamard@delawareonline.com. Follow her on Twitter @SarahGamard.
