The Do's & Dont's of Cocktails To Go
A great example of cocktails to go from our friends at Eem.
As of December 24th, 2020 Oregon’s bars, restaurants, distilleries and wineries with a full on-premise sales license can legally sell cocktails to go and single servings of wine. This highly anticipated change passed in both houses of the Oregon Legislature during a special session in December and the rules were quickly put into place by the OLCC. For your convenience we've provided a list of Do’s & Dont’s and links to OLCC guidance below. And please read this newsletter from the OLCC about the importance of diligent oversight by licensees that utilize this new program.
Along with cocktails to go, this bill also included a statewide cap of 15% on commission and fees third party delivery apps may charge. Reducing these fees will allowing restaurant and bars to maintain a higher profit margin. This provision in the bill took effect Monday, December 28th. If your delivery companies are out of compliance and are charge more than 15% please contact your representative in the Oregon House. Please note, the new law grandfather’s in the Portland’s 10% commission cap that passed last July.
These legislative changes happened because IRAO members and supporters advocated for change. The calls and letters that you sent made a difference. Through these efforts we made it clear that independent restaurants and bars need help to recover from the pandemic. During the special session we heard members of the Legislature testify in favor of the bill and acknowledge that cocktails to go will not be enough to save the industry. As our law makers head into the 2021 Legislative session it will be important for us to keep advocating for the support we need.
This law that allows for cocktails to go and third party app caps is temporary and will expire 60 days after the Governor’s State of Emergency expires. If we want to see this become a permanent policy, our community will have to advocate for that change and display our ability to comply with the rules. To make that a little easier we’ve provided a guide below.
The Do’s & Don’t’s
Do sell single servings of cocktails that contain no more than 3oz of distilled liquor.
Don’t sell bottles of cocktails that contain 2-3 servings of cocktails and have 6-9oz of distilled liquor. Having a ‘pitcher of margs to go’ is not legal per the OLCC.
Do sell glasses of wine to go.
Don’t sell ‘neat’ or ‘shots’ of booze to go. All cocktails must have a ‘mixer’ of some kind.
Do sell cocktails to go in a sealed container. We have a great infographic from the OLCC below.
Don’t sell cocktails to go in a cup that has no lid or a lid that you can use a straw with or sip from.
Do sell food with your cocktails. Guests must purchase at least one ‘substantial food item’ in order to purchase a cocktail to go. There is a limit of two cocktails per one entrée.
Don’t just sell snacks with your cocktails to go. These dishes must be prepared or cooked. A sandwich or hotdog qualifies as ‘substantial’.
Do post this sign about open container laws.
Don’t allow your guests to leave your restaurant or bar with a cocktail in hand that they plan on drinking on the street or in their car.
Do sell your cocktails on third party delivery apps like Doordash and Postmates between the hours of 7am - 10pm to guests that are 21 and older. Delivery drivers will be help accountable for checking IDs. The cocktails must be delivered in a sealed container and labeled with ‘ Contains alcohol: deliver only to a person age 21 years or older’.
Do purchase cocktails to go from other bars & restaurants from our community and support one another during this time! Get your guests excited about it by posting on social media and normalize this brand new service style.