ASHEVILLE - The latest state law changes relax the rules for how patrons can purchase and consume alcohol in North Carolina, but many restrictions still exist for food and beverage establishments to keep consumers safe.
Lynn Minges, president and chief executive officer of the North Carolina Restaurant and Lodging Association, said the nonprofit organization advocated for several of the recent law changes on behalf of restaurants and backed the “Brunch Bill” ― Session Law 2017-87 or Senate Bill 155 ― passed in 2017 that permits alcohol to be sold at restaurants earlier on Sundays.
Minges said NCRLA continues to work toward modernization of the states’ Alcohol Beverage Commission (ABC) laws, particularly those pertaining to liquor.
“Restaurants and bars across the state face tremendous challenges in dealing with the state’s current alcohol control system,” Minges said.
Minges said NCRLA supported Senate Bill 527, including the enacted law that permits restaurants and bars to pre-mix, package and sell mixed beverages and wine by the glass to customers.
She said North Carolina is the 27th state to offer cocktails to-go as a permanent amenity.
What to know about cocktails to-go
Ready-to-drink cocktails are on the market in retail stores. The new law allows bartenders to mix an alcoholic beverage, pour it into a container, seal it and sell it to a customer to take out of the establishment.
Leah Howard, co-founder of Cultivated Cocktails distillery and bars, said the consumers ages 21 and up may now purchase and take a ready-to-drink alcoholic beverage off the premises but there are safety measures establishments must practice.
To-go cocktails must be purchased with food, including carryout and orders through food delivery services, like Takeout Central and UberEats. Howard said as a safeguard the person accepting the beverage must show a valid ID verifying their age is 21 or older and then they must sign for the order.
Howard said a benefit is that customers may take the to-go cocktails to other towns and districts that permit open containers in public spaces.
“This is the next step, and the demand is going to be there if it isn’t already,” Howard said.
Meghan Rogers, executive director of the Asheville Independent Restaurant Association, a member’s organization that provides resources and support to local establishments, said several local restaurants served to-go cocktails during the COVID-19 pandemic and that provided an additional revenue stream.
Minges said people could get a drinks like margaritas or a glass of wine to-go and it was a success for restaurants until the temporary law expired in June 2021.
Rogers said AIR is including a breakdown of the Session Law 2024-41 in its upcoming members newsletter and will discuss the new laws and regulations at its quarterly members meeting in September.
“Restaurants take the alcohol laws very seriously, so I know they’ll want to be in compliance with how the packaging works,” Rogers said. “It’s also about consistency and quality of the beverage. Food and beverages are always a little bit harder because you want to maintain that quality, but it becomes more difficult once it’s packaged and leaves your restaurant.”
Ready-to-drink and sell
Cultivated Cocktails’ location at 25 Page Ave. downtown is a bar and retail store, so it will not offer to-go cocktails. However, Howard said the distillery’s tasting room at 161 Charlotte Hwy, which has the in-house food partner, Mountain Madre Mexican Kitchen, is preparing to sell packaged mixed alcoholic beverages.
Howard said the beverages must be sealed in a way that cannot be resealed once it’s broken and must be properly labeled and detail the contents.
“It eliminates any potential drinking it going down the road,” Howard said.
Also, the container cannot exceed 24 ounces.
Howard said during the COVID-19 pandemic, Cultivated Cocktails sold ready-to-drink cocktails that were canned and sealed on-site.
She said the team is considering the best packaging to use going forward, which may be the previous method, or the company may bottle the drinks and seal them with heat shrink wrap. Howard said she witnessed some businesses using drink pouches.
Howard said to-go cocktail packaging and production will require a monetary investment.
“It is something that has potential to be financially beneficial for us,” Howard said.
Howard said bartenders will need to invest time in preparing the to-go drinks and though the packaging process will be more labor intensive, it will ensure the beverages are properly contained to maintain safety.
What’s next for North Carolina alcohol laws
Howard, former president of the Distillers Association of North Carolina, said she has pushed for numerous alcohol law changes. She said a temporary, previous version of the to-go cocktail law during the pandemic didn’t require food sales and she would like to see the food requisite eliminated.
Howard said another law enacted allows establishments to attain a distillery permit to sell spirits at special events. She said the previous permit process was “complicated” and she often had turn potential clients away.
Minges said many of the recent alcohol law sales will alleviate challenges for establishments, such as having the ability to order from any North Carolina ABC store instead of the one in its neighborhood.
Howard said she’s excited to see the new alcohol laws passed and believes it will open more doors for more improvements to the current alcohol sales system.
“It’s going to benefit us to be part of the movement, so we don’t get left behind,” Howard said. “It’s at least going to be enticing and a step toward the right direction to get people to become customers of your business.”
Tiana Kennell is the food and dining reporter for the Asheville Citizen Times, part of the USA Today Network. Email her at tkennell@citizentimes.com or follow her on Instagram @PrincessOfPage. Please support this type of journalism with asubscription to the Citizen Times.
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