Tue. Jun 25th, 2024

(a) For purposes of this Code section, the term: (1) Approved container means a tamper evident container that: (A) Does not contain openings or straw holes; (B) Is sealed in a manner that is visibly apparent if the container has been subsequently opened or tampered with; and (C) Has an affixed label or marking that identifies the licensee that prepared and sold the mixed drink. (2) Curbside pick-up means when a licensee furnishes purchased goods to a customer’s vehicle within a clearly designated pick-up area located within a paved parking area adjacent to the licensed premises. (3) Food service establishment means any establishment holding a valid food service permit from its respective county health department. (4) Mixed drink means a beverage prepared by combining distilled spirits with nonalcoholic liquid or liquids and that: (A) Is prepared on the day of sale by an employee of the licensee; (B) Contains no more than 3 ounces of distilled spirits; and (C) Is sealed in an approved container.

(b) Notwithstanding any other contrary provision of law and unless otherwise prohibited by local ordinance or resolution, any food service establishment which is licensed to sell distilled spirits for consumption on the premises may sell mixed drinks for off-premises consumption in approved containers, provided that such mixed drinks are: (1) Sold to an individual 21 years of age or older who shall be limited to two mixed drinks per entrée ordered; (2) Accompanied by a food order and a sales receipt with a time stamp that indicates the date and time of such purchases; (3) Sold for personal use and not for resale and picked up in person by the same individual customer to whom the mixed drinks and entrees were sold and from whom the food service establishment received payment; provided, however, that such individual customer shall not include a delivery service or third- party agent; and (4) Furnished with the accompanying food order to the customer on the premises or by way of curbside pick-up.

(c) If transported in a motor vehicle, the customer shall place the mixed drink in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

(d) Sales of mixed drinks for off-premises consumption shall be taxed in accordance with Code Sections 3-4-130 through 3-4-133.

(e) The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section.