COVID-19 and Alcohol Beverage Regulation
The National Alcohol Beverage Control Association is working hard to provide its members and partners timely updates on policy changes impacting the regulation of the alcohol supply chain (producer, wholesaler, retailer) in response to the novel coronavirus (COVID-19). This webpage will be monitored and updated regularly as new information is available. This area of policy is changing rapidly. Please email communications@nabca.org if you have updates or questions.
NABCA has worked diligently to ensure the accuracy and reliability of the information provided on this website. However, the information is provided “as is” without warranty of any kind and is intended for informational purposes only. This information should not be considered legal advice—and no relationship nor reliance interest should be assumed by its use. For state-specific guidance, NABCA recommends contacting the relevant state authorities or retaining private counsel.
Interactive Dashboards Tracking Policy Changes
NABCA has created several interactive dashboards to help navigate these policy changes. Within each dashboard, you can look through the different policies we are tracking by clicking on the tabs found at the top of each dashboard. You can also use the tables and maps to filter your view within a dashboard by state.
On-Premise Retail Operational Changes
While there are several different retail channels (e.g., bars, taverns, restaurants) permitted to sell alcoholic beverages (e.g., beer, wine, liquor) for onsite (on-premise) consumption and a variety of definitions used differentiate between these particular retail channels in any given state, we have categorized on-premise retail channels into two categories for purposes of tracking and assessing COVID-19 policy changes.
For purposes of these dashboards, we have defined the following to mean:
Restaurant - An establishment where its primary operation is to sell food and is also permitted to sell alcoholic beverages (e.g., beer, wine, liquor) for onsite (on -remise) consumption. Restaurant operations vary by state. In some states, restaurants may be permitted to sell all types (e.g., beer, wine, liquor) of alcoholic beverages to go for off-premise consumption, while in others the sale is restricted to one type of alcoholic beverage or prohibited all together. To capture this variety in state code, we have collected these operational practices for restaurants by: 1) determining whether the ability to sell off premise was already permitted in a state before COVID-19 (e.g., operate as normal) and 2) identifying the new operational practices that have been permitted through COVID-19 policy changes (e.g., curbside pickup, delivery).
Please note that we have included additional, relevant information to better contextualize the policy changes displayed in these dashboards further down this page.
Bar/Tavern - An establishment where its primary operation is to sell alcoholic beverages (e.g., beer, wine, liquor) for onsite (on-premise) consumption. Bar/tavern operations vary by state. While in some states bars/taverns may be permitted to sell all types (e.g., beer, wine, liquor) of alcoholic beverages to go for off-premise consumption, others may only allow bars/taverns to sell one type of alcoholic beverages for off-premise consumption. To capture this variety in state code, we have collected these operational practices by 1) determining whether bars/taverns were already permitted to sell alcohol to go for off-premise consumption before COVID-19 (e.g., operate as normal) and 2) identifying the new operational practices that have been permitted through COVID-19 policy changes (e.g., curbside pickup, delivery).
Since the bar/tavern category is meant to capture all locations where the primary operation is to sell alcoholic beverages, other location types, such as nightclubs, are also reflected within this category. When an executive order applies to only a subset of establishments (e.g., nightclubs) within the larger bar/tavern category, these changes will NOT be reflected in the dashboard unless the ENTIRE category is impacted.
Additionally, some states do not allow “traditional” bars, meaning every bar/tavern is required to serve a full menu of food. For these states, the “Restaurant Operations” dashboard will more accurately reflect the current operations.
Please note that we have included additional, relevant information to better contextualize the policy changes displayed in these dashboards further down this page.
Off-Premise Retail Operational Changes
The Off-Premise Retail Operational Changes Dashboard reflects information related to operational changes impacting off-premise alcohol retail channels by beverage category and in reference to where each beverage category is normally sold. This means that operational changes impacting only certain retail channels in the larger category (e.g., package alcohol stores) may not apply to every channel (e.g., grocery stores) within that category where alcohol is sold.
Explanation and Exceptions to Tracking Reopenings:
To track reopenings of dine-in operations for restaurants and bars, we identified the first date in which an order was lifted or implemented permitting restaurants and/or bars to reopen dine-in operations. States have taken different approaches to account for high-risk localities (i.e. COVID-19 hotspots) and low-risk localities (usually non-metro areas with low case counts), with many allowing local governments to choose whether to opt-in or opt-out of the statewide reopening timeline. Please note that these dashboards show statewide changes with dates reflective of when an entire state is ordered to move forward with a reopening plan, regardless if localities opt-out. Additionally, we have categorized on-premise operations within a state as allowing “some locations to reopen” when an executive order has explicitly mandated that certain, named localities reopen and others remain closed.
If a state has paused or reverted to a previous phase in its reopening plan, we have attempted to capture changes impacting on-premise locations. If a state has required the re-closing of bars or restaurants in certain localities but NOT all, we have categorized the state as “on-premise operations suspended for some locations again after reopening.” If all bars or restaurants have been required to close, we have categorized the state as “on-premise operations suspended again after reopening.”
Explanation and Exceptions to Delivery/Pickup Categorizations:
Within the dashboard tables, the date reflected in the alcohol curbside pickup/delivery columns reflects the FIRST executive order or agency rule that authorized on-premise establishments to conduct curbside pickup/delivery for off-premise consumption. In many cases, this original order/rule referred only to beer and wine but was later amended to include spirits-based beverages. If spirits-based beverages were authorized in a separate, subsequent order/rule, the later date is NOT reflected in the dashboards. Also, it is possible that an order/rule allows alcohol to be sold for pickup/delivery, but localities have prohibited this change through local ordinances.
Alcohol delivery was permitted in some states prior to the pandemic, though regulations stipulated which beverage categories could be sold, whether establishments needed an additional license, and whether they could utilize a third-party delivery service (e.g. UberEats, Grubhub). Some of these regulations may have been relaxed or waived temporarily due to the pandemic.
For example, in some states, alcohol curbside/delivery privileges have been expanded to different types of license holders or to include additional beverage categories like distilled spirits. In other states, such as Nevada and North Dakota, curbside pickup/delivery of alcohol was not explicitly prohibited by state law before the pandemic, but rather, localities either authorized or prohibited curbside pickup/delivery operations within their borders. During the pandemic, some localities temporarily changed regulations to allow curbside pickup/delivery of alcohol in their respective jurisdictions.
Lastly, a few states permitted alcohol delivery prior to the pandemic, but required payment be made on-site/online/over the phone BEFORE a delivery could occur (i.e. money could not exchange hands at the time of alcohol delivery). This requirement has been waived in some jurisdictions during the pandemic either in the original order/rule regarding alcohol availability or successively.
The Off-Premise Retail Operational Changes Dashboard reflects information related to operational changes impacting off-premise alcohol retail channels by beverage category and in reference to where each beverage category is normally sold. This means that operational changes impacting only certain retail channels in the larger category (e.g., package alcohol stores) may not apply to every channel (e.g., grocery stores) within that category where alcohol is sold.
Resources
Below is a list of agencies and organizations that have created resources to track federal and state policy changes to mitigate the spread of COVID-19.
Government
Alcohol and Tobacco Tax and Trade Bureau (TTB)
Many states have temporarily suspended or relaxed the enforcement of certain alcohol regulations and amended the scope of others. TTB has created COVID-19-related guidance that may be implicated by emergency measures taken in states. Read NABCA General Counsel’s Communique on TTB Trade Practice Guidance.
Department of Homeland Security
The Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA) issued guidance on Essential Critical Infrastructure Workforce by developing an initial list of “Essential Critical Infrastructure Workers” to help state and local officials as they work to protect their communities. The list can also inform critical infrastructure community decision-making to determine the sectors, sub-sectors, segments, or critical functions that should continue normal operations. It is appropriately modified to account for Centers for Disease Control (CDC) workforce and customer protection guidance.
For the latest health related expert information and guidance, visit the Centers for Disease Control and Prevention and the World Health Organization.
Federal Drug Administration (FDA)
Issued several policies on COVID-19 and alcohol-based hand sanitizer products. The FDA requires all entities who plan to initiate hand sanitizer production, to apply through the FDA Drug Registration and Listing System (DRLS). Upon completion of registration and listing, firms receive automatic confirmation from the FDA and can start manufacturing and distributing products immediately. All records in this system are publicly available through the FDA National Drug Code Directory.
Industry Trade Associations
Through its State Legislative Team has developed a Google spreadsheet to track policy changes impacting the sale of alcoholic beverages across the country.
Wine and Spirits Wholesalers of America (WSWA)
Created a robust resource providing legal research and tracking on state policy changes pertaining to the production, distribution and retail sale of alcohol. Resources include information on how states are defining “essential business”, which states are adopting special provisions to permit off-premise alcohol sales through delivery, curbside and takeout, and links to state alcohol regulatory agency websites where additional guidance can be found.
Distilled Spirit Council of the United States (DISCUS)
Created a web portal to identify distilleries in the U.S. who are producing hand sanitizer to help fight COVID-19.
The American Crafts Spirits Association (ACSA)
Developed COVID-19 resources addressing hand sanitizer production and transportation among other materials related to how the pandemic is impacting craft spirits businesses.
Public Policy Organizations
National Governors Association (NGA)
Tracks state action to mitigate the spread of COVID-19, including maps and charts on state disaster declarations, National Guard activation, state employee travel restrictions and school closures.
National Conference of State Legislatures (NCSL)
Tracks state legislation, both pending and enacted, to address COVID-19. Along with updates on state election status, NCSL is also providing daily monitoring of state fiscal and public education responses to COVID-19.
National League of Cities and Bloomberg Philanthropies
Put together a publicly available Google spreadsheet tracking city/local responses to COVID-19. This resource is updated automatically every 5 minutes.
National Association of City and County Health Officials (NACCHO)
Setup a dedicated COVID-19 Virtual Community, where best practices can be shared and where health officials can learn from each other about ways to respond. If you are looking for those resources, contact your departments Local Health Official or Preparedness Coordinator. Additionally, NACCHO has weekly calls with key NACCHO workgroups to facilitate real-time discussion and feedback related to the ongoing response.
National Association of State Alcohol and Drug Abuse Directors (NASADAD)
Collected important COVID-19 updates and resources specific to substance use and created a dedicated webpage on its website. It provides federal guidance released from CDC, the Centers for Medicare and Medicaid Services, the Drug Enforcement Administration and the Substance Abuse and Mental Health Services Administration (SAMHSA).
Health
A highly respected and trusted source for health information, has created several resources to track states responses to mitigate the spread of COVID-19, including maps and charts related to cases and deaths, adopted social distancing measures, health policy actions to reduce barriers to COVID-19 testing and treatment and provider capacity.
The Network for Public Health Law
Provides resources and webinars for public health agencies, health care workers, emergency managers and policymakers as they grapple with core legal preparedness and response efforts to mitigate the impact of the coronavirus pandemic in the United States.