Cocktails to-go will be permanently legal in a post-pandemic Arizona, making many diners and restauranterus happy, while others criticize the new ruling.
Arizona Gov. Doug Ducey signed House Bill 2773 on Friday, May 21, making it legal for restaurants, bars and liquor stores in the state to sell cocktails to-go starting Oct. 1, 2021.
“Business owners have shown that offering to-go beverages can be done responsibly and safely,” Ducey said in a press release. “House Bill 2773 will make sure restaurants and bars have the opportunity to expand operations and meet the needs of their customers, especially after weathering the effects of the pandemic.”
In March 2020, Ducey issued an executive order allowing businesses to sell alcoholic beverages to-go or for delivery, which was intended to help relieve the financial strain of closures from the COVID-19 pandemic. This new bill will permanently allow the sale of to-go cocktails, with a few more rules in place.
Under the new law, restaurants will need to obtain proper permits through the Arizona Department of Liquor Licenses and Control to sell beer, wine and cocktails for off-property consumption. But they can’t do it on their own, at least not yet. Until 2026, a restaurant without a series 6 or 7 liquor license will need to “lease” their privilege to sell cocktails to-go from a bar or liquor store with proper licensing in the same county. In 2026, restaurants will be able to apply for the permit themselves directly through the Department of Liquor.
This ruling has sparked controversy between restaurants and bars, as the majority of restaurants had great success selling to-go alcoholic beverages during the pandemic while many bar owners feel it devalues the significantly more expensive liquor licenses they pay for, which already give them the ability to sell alcohol to-go.
“I disagree with that, strongly,” said Eric Reyes, the lead bartender at Old Corral Bar in Cornville. “A number 6 liquor license is, because we’re able to sell packaged goods, a far more valuable license than a restaurant license. …What they would be doing is devaluing our liquor license by letting everybody sell cocktails out the door.”
A group of Arizona bar owners actually sued the Governor’s Office in November after he relaxed the laws during the pandemic saying he violated state law by allowing businesses without series 6 or 7 liquor licenses to sell alcohol to-go, allegedly the order unfairly granted a competitive advantage bars themselves did not have. Vinodi Sedona and Mooney’s Irish Pub, both in Sedona, were among the plaintiffs.
Maricopa County Superior Court Judge Pamela Gates agreed, and restaurants have been unable to sell alcohol for delivery or off-premise consumption ever since.
On the other side, restaurants such as La Fonda Mexican Restaurant in Camp Verde found the ability to sell cocktails to-go helpful in staying afloat during the pandemic, and look forward to the ability to do so again.
“It kind of helped us with our, obviously, liquor sales, and when we were selling food with liquors it kind of brought in more people as well,” La Fonda Manager Mitchell Latham said. “We are kind of known for our margaritas. I think most people try to swing by on their way from work to home. They’ll stop and grab food and then they’ll head home.”
Owner of The Haunted Group, Eric Jurisin, who has seven restaurants in the Verde Valley, all of which sold cocktails to-go during the pandemic, said he has both bar and restaurant liquor licenses and doesn’t have an issue with the new ruling.
“I see zero downside. I think it helps with the whole dining experience to be able to pair your cocktail with your food choice,” he said. “I don’t see it as an advantage or a disadvantage. The restaurants are selling to-go cocktails while the bars have the opportunity to sell liquor to go, but I don’t think it’s a major part of most bar businesses.”
“I never took advantage of it before with my to-go license. And even a bar couldn’t fill a to-go cocktail …. They could sell a bottle of beer or a bottle of wine or a bottle of vodka, for instance, but they couldn’t sell a pina colada. It was different. Now we can actually craft a cocktail and send it out.”
While Reyes agreed that the new ruling likely won’t actually hurt the bar industry, and said the Old Corral Bar may even consider selling cocktails to-go in the future, he has personal concerns shared by many concerning the potential for drinking and driving.
“We don’t need people driving up and down the highways with a double Jack and Coke in between their legs,” Reyes said. “I wouldn’t personally feel very good about it.”
In an attempt to regulate this, the law requires that any alcoholic beverages sold to-go must have some sort of “tamper-proof cap, seal, cork or closure that has a device, mechanism or adhesive that clearly shows whether a container has been opened.”
According to the Cottonwood Police Department’s annual crime report, the total number of recorded cases of drivingunder the influence was between 70 and 80 in 2020, which is higher than in 2019, which had just under 60 violations but about the same as 2018.
Cottonwood Police Sgt. Chad Sinn said his department is prepared to support any legislation that comes from the governor’s office.
“Please drink responsibly and where legally permissible,” he said.
