New Missouri ‘To-go’ Alcohol Sales Law Takes Effect August 28

The waiver that allowed Missouri restaurants to sell “to-go” alcoholic drinks beginning on April 14, 2020, in response to the coronavirus pandemic, will become permanent when Senate Bill 126 takes effect on Aug. 28.

The administrative waiver was granted because many restaurants were severely strained as business dropped off or shifted to take out during 2020. In Missouri, unless they contain an emergency provision, most new laws take effect on Aug. 28.

Before the waiver, to-go alcohol had to be sold in its original package. The new law means that mixed drinks can be sold for off-premises consumption provided:

·         The alcohol container is durable, leak-proof, and sealable, and does not exceed 128 ounces;

·         The customer must have ordered and purchased a meal simultaneous with the liquor purchase;

·         No more than two alcohol drinks may be sold per meal serving;

·         The licensee must provide a dated receipt for the meal and alcohol beverage(s); and

·         The sealed alcohol container must either be:

o   Placed in a one-time-use, tamperproof, transparent bag which must be securely sealed, or;

o   The container opening must be sealed with tamperproof tape.

The law does not allow liquor licensees to sell mixed drinks in typical “to-go” cups or other containers having a lid with a sipping hole or an opening for straws.

Senate Bill 126 also extends the hours during which alcohol can be sold by the drink and at package stores on Sundays. Liquor licensees permitted to make Sunday sales will legally be able to sell alcohol from 6 a.m. Sunday until 1:30 a.m. Monday, the same hours that apply during the rest of the week.