As the COVID-19 pandemic took the world by storm in the spring of 2020, restaurants, bars, and other businesses were struck by closures, occupancy limits and social-distancing. In response, the Illinois Legislature and the Illinois Liquor Control Commission provided alternative methods for the sale and delivery of alcoholic beverages. These changes included allowing the sale and carry out of mixed drinks by retail licensees.¹ Even before the pandemic, there had been a push to give retail establishments more carry out options for alcoholic beverages, including the sale of beer in growlers and Crowlers®, which also resulted in new legislation.² Each of these provisions have fairly strict regulations regarding the employees, containers, cleaning methods, and sealing required. Additionally, the provision related to the carry out of mixed drinks is set to sunset on January 3, 2024.³ The question for retail establishments will be, is the demand by consumers strong enough to justify the costs and requirements of these options? Here, we provide a closer look at the specific requirements to comply with these laws.

Curbside Cocktails

Beginning in June 2020, retail licensees were able to sell cocktails, mixed drinks, and single servings of wine for curbside pickup.⁴ Employees making these sales must be 21 years or older, have the required responsible alcohol servers training (also known as BASSET training), and verify the age of the consumer picking up the beverages.⁵ If they cannot verify the age or sobriety of the consumer, the sale must be cancelled.⁶ Third party carriers (Grub Hub, Uber Eats, etc.) are not allowed to deliver the alcohol.⁷ The container must be rigid, brand new, tamper-evident, and with “a secured lid or cap designed to prevent consumption without removal of the lid or cap.”⁸ Lids with sipping holes, straws, and containers made of plastic, paper or foam are not allowed.⁹ This leaves limited options for containers, such as glass or steel. Tamper-evident means that the container’s lid or cover must be sealed with a method such as wax dip or heat shrink wrap.¹⁰

Additionally, unless the alcohol is still sealed in the manufacturer’s original packaging, the cocktails or other alcoholic beverage containers must have a label stating the beverage’s volume, ingredients, type, and name of the alcohol, as well as the name, address, and license number of the retail establishment.¹¹ The label must also include a verification that the container was filled less than seven days prior to the sale.¹² Finally, the alcoholic beverages must be placed in the trunk of the consumer’s vehicle, or if the vehicle has no trunk, in the rear compartment and not readily accessible to the passenger area.¹³ Nothing within these provisions, however, was designed to prevent brew pubs, tap rooms, or distilling pubs from temporarily delivering alcoholic beverages pursuant to the guidance on temporary delivery by the Illinois Liquor Control Commission.¹⁴

Crowlers® and Growlers To-Go

Beginning in 2019, retail establishments such as bars and restaurants in Illinois were granted permission to sell beer to customers in Crowlers® and growlers. The Illinois Liquor Control Act defines a growler or a Crowler® as a “reusable rigid container that holds up to 128 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.”¹⁵Although not detailed within the statute, a Crowler® is a “single-use container seamed at the point of dispense.”¹⁶ Crowlers® are one-time use cans, typically of 32 fluid ounces, although other sizes are available. They require an automatic or semi-automatic machine seamer to properly affix the lid. While popular with craft breweries, these systems, at $500 - $2,800 each, may not be practical or cost-effective for retail establishments. To properly fill and seam Crowlers®, there are several safety protocols that should be in place as well,¹⁷ not all of which are outlined within the statute.

Growlers, on the other hand, are typically glass or stainless-steel containers, although other options such as ceramic and plastic also exist. Again, there are many safety issues not outlined within the statute that should be considered. Retail establishments should be aware that “[f]illed growlers can shatter or explode,” and “[m]any containers currently in use are not designed for carbonated beverages.”¹⁸

Growlers and Crowlers® filled by retail licensees must be closed with a “twist-type closure, cork, stopper, or plug” and have “a one-time use tamper-proof seal.”¹⁹ They must have a label that includes the brand name of the product, name of the brewer or bottler, the type of product, whether beer, ale, lager, bock, stout or other beverage, the net contents, the name and address of the business that filled it, and the date it was filled.²⁰ The retail licensee must purge the container with CO2 and comply with sanitation requirements for both the container and the dispensing equipment.²¹ These requirements include washing the container manually in a three-compartment sink or in an appropriate dishwasher, or transferring the beer via a sanitized tube.²²

The Liquor Control Act specifies that “upon a consumer taking possession of a growler or crowler and its contents from an on-premises retail licensee, the growler or crowler and its contents are deemed to be in the sole custody, control, and care of the consumer.”²³

Conclusion

While the provisions above provided several new options for retail establishments during the pandemic, only time will tell whether there is sufficient demand by consumers to make these options worthwhile for bars and restaurants going forward in the future. For curbside cocktails, perhaps new packaging products could make it easier for businesses to comply with the requirements. On the other hand, growlers and Crowlers® come with a host of safety considerations that should be reviewed carefully by retail establishments, in addition to the legal requirements. Ultimately, it is beneficial to businesses to have these options, especially for customers who prefer to-go options, and to help weather the storm of any future limitations.