It’s Maybe Time to Make To-Go Cocktails Legal

By 3 p.m. on Saturday, when Dutch Kills’s cocktail window opened for business, there were already a half-dozen people lined up outside. The famous Queens “speakeasy” has given up the last pretense of being secret, with a bartender in a mask taking orders — martinis, Manhattans, mai tais — next to a sandwich board that asks patrons to “keep it safe and keep it moving!” There were snacks for sale, too. And for an extra $2, I could get a float of 12-year rum on my pina colada. I spent the $2, and set off on the half-hour walk home, my only concern being how to thread the straw underneath my face mask.

Two months ago, openly walking down the street with a cocktail would have been impossible, and drinking outside would have required the minor conspiracy of pouring wine into an opaque water bottle before going to the park, or brown-bagging it on the subway.

Across the country, it is largely illegal to consume alcohol in public spaces, to take a drink to-go from a restaurant or bar, or to purchase a bottle of liquor from anywhere but a liquor or grocery store. It’s a confusing system — as long as the drinking age is 21, most liquor laws are left to states and local municipalities — and mostly it boils down to having to consume alcohol in your home or on the premises of a restaurant, bar, or arena, and that walking around on the street with a beer is a big taboo.

But in order to provide restaurants and bars with a boost during the COVID-19 pandemic, many states have loosened liquor laws, allowing patrons to get cocktails or wine to-go from delivery windows, or have them delivered with their food. It seems to be working quite well, both for businesses and customers; businesses get to offload more product at a time when every penny counts, and customers get to enjoy mixologist-quality cocktails at home. And it raises the question of why the hell it hasn’t been like this the whole time.

The new, temporary liquor regulations have their own quirks and inconsistencies, but most states have made it easier to obtain alcohol: In New York and California, alcohol can be delivered or taken to-go, as long as it’s accompanied by food, and restaurants can sell whole bottles of wine and spirits. In Chicago, restaurants and bars can sell “sealed packaged goods in their original container,” like bottles of wine or cans of beer, but not pre-mixed cocktails. The same goes for Washington and Texas, though restaurants are selling “cocktail kits” so you can make your own at home. Public intoxication and public drinking laws remain, but anecdotally, there seems to be mixed enforcement. Fewer people are in public. And everyone has bigger fish to fry.

Richard Boccato, founder of Dutch Kills, was initially skeptical of booze delivery. “The takeout window came first, because the window was there, and we didn’t know what else to do,” he says. “But I wasn’t initially excited about [delivery] because of health concerns, not wanting to put myself and my staff at risk.” He also knew Dutch Kills mostly attracted locals — ”people don’t usually make the trip from fancier zip codes out to Long Island City.” However, with a bar full of cases of spirits, and the infrastructure to deliver through their ice company, he was willing to try.

Restaurants typically make about 30 percent of revenue from alcohol sales, and for bars, it’s obviously much higher. So being able to move alcohol means an extra shot (sorry) at survival. Boccato says that their cocktail packages, which include the bar’s signature ice blocks and a QR code for a Spotify playlist of their jukebox’s most popular selections, have been a hit. And on top of their take-out window and their cocktail delivery service, they also have whole bottles of specialty spirits for sale. “As far as what percentage of our regular business that has earned us, it’s an infinitesimal fraction, but considering what’s happening we can’t complain too much,” he says.

Other restaurants consider the loosened laws an incredible lifeline. “I personally love this license. I wish we could keep this license forever,” says Gina Chersevani, owner of Buffalo & Bergen in Washington, D.C., which is providing bagels and sandwiches as well as cocktails to-go. “The coolest thing in the world is to be able to pick up breakfast and bring home a Bloody Mary.” Chersevani says that alcohol sales currently account for about 20 percent of business on a busy day like Saturday, far lower than the 50/50 food to alcohol sales they were doing before the pandemic. But it helps to both keep money coming in, and to remind customers of everything they have to offer, even if they don’t feel immediately safe going out once things reopen. “Drinking in a bar is great but it’s a different option... we can provide for both of those worlds.”

Chersevani said it took a few days to figure out how to prepare cocktails both safely and in accordance with the new laws, which require alcohol orders to be sealed, and that they include at least one food item: “It’s extra steps.” She says it’s led some bars to break the rules, which she worries could ruin the opportunity to extend this license for everyone else. But she looks to life in New Orleans as a model, where open container laws allow for people to walk around with to-go cocktails, and says there’s no reason that shouldn’t work in a small, walkable city like D.C. “I don’t know if everyone is going to want to keep [these laws], but for my fast-casual business this could work really well for me in the future.”

Anyone who has ever visited the handful of towns and entertainment districts in the U.S. that allow for public consumption of alcohol (or like, Europe) has probably come back with a story of a good time. For those who consume alcohol, the freedom of being able to walk up to a kitchen window, get a sandwich and an alcoholic slushie to go, either taking it home or having a picnic with no one being the wiser is just fun. It almost seems redundant to explain — if you could walk along the river front and watch the sunset while sipping on a frosé, wouldn’t you? And if you can now, how on earth is the government going to take that back?

Chersevani’s point about small, walkable cities highlights one of the big problems: America doesn’t have many of those. What we have instead is large, drivable cities, suburban sprawl, and rural expanses over which public transportation is inaccessible, which means most people face the question of drinking or driving. Allowing cocktails and wine to-go likely ups the chances someone will enjoy their martini from their car’s cupholder, and any laws enacted would have to include provisions about curbing drunk driving.

Even New York’s Boccato does have some trepidation about a permanent switch to cocktails to-go, though. Current laws already make bartenders liable for over-serving, and it would make it harder for a bartender to track intoxication if you can get a bottle of Negronis to-go. However, he notes that the paradise described above already existed. “I grew up in New York City, drinking 40s on the subway and on the stoops and in the parks,” he says. Open container laws have never stopped people from drinking in public.

Instead, it’s always been an issue of who gets away with it. Racism and classism heavily influence who police target for public consumption — someone drinking a glass of wine on the stoop of their million-dollar Brooklyn brownstone is less likely to be called out than the people with the cooler of beers on the public beach. “It’s another racist law used almost universally against the poor, it’s usually an excuse for police to stop and investigate,” says Niki Ganong, author of The Field Guide To Drinking In America, pointing to statistics showing that, in one month in Brooklyn, 85 percent of those issued summonses for drinking in public were black or Latino, while just 4 percent were white. Permanently loosening open container and alcohol to-go regulations could mean equal enjoyment, and no more excuse for police harassment.

But even if open container laws remain enforced, it’s easy to see how alcohol and cocktail delivery and takeout could become a part of a new dining reality. “The cat’s out of the bag, especially in regards to delivery,” says Ganong. “The whole reason laws were loosened in the first place was to allow struggling businesses to earn some money any way they could. That’s not going to change for a long time, even after things reopen.” Restaurants are going to need all the revenue they can get, and being able to offer a cocktail in the dining room or with a take-out meal just means more options to make money. Plus, customers are used to it now. “They say that habits are formed after a month!” says Ganong.

As more states contemplate the reopening of business, expanded liquor laws would continue to provide an extra revenue option for restaurants — in Texas, where restaurants are reopening, the TABC has also ruled they can still offer booze to-go — and allow customers to continue enjoying drinks at home if they don’t feel comfortable being in crowds.

Walking home with my pina colada, getting slowly tipsy in the sun, hurt no one. I was excited that I could enjoy a drink crafted with far more care than I was capable of, especially considering I don’t own a blender. I was happy to be enjoying a sunny day outside, and to maybe pretend I was in New Orleans. But I was in Queens, and maybe soon enough it’ll stop feeling like I’m getting away with something. Maybe it’ll just feel like normal.