“Businesses owners have shown that offering to-go beverages can be done responsibly and safely,” said Governor Doug Ducey after signing the bill into law in May. 20 Smooth from p 19 Most orders for to-go cocktails trickle in during the evening hours, from 6 to 10 p.m., she said. Douglas Motz, the general manager of Ingo’s Tasty Food on 40th Street in Arca- dia, said the addition of cocktails-to-go has been a boon for business. “We wanted to apply as soon as we had the opportunity,” said Motz. “So far, it’s been going great.” Ingo’s offers a pair of to-go cocktails, a lavender lemonade (vodka, fresh lemon juice, and lavender) and a gin greyhound (gin, fresh grapefruit, lemon, and mint) served either on the rocks or frozen. All cocktails are available in 16-ounce cups, and the greyhound on the rocks is available in 32 ounces. State law requires that cocktail portions are capped at 32 ounces for a single serv- ing, but there’s no limit on how many drinks each customer can buy, nor how much alcohol is in each drink. Restaurants can earn no more than 30 percent of their total sales from alcohol. There are other limitations, too. Restau- rants can’t simply use a foam cup with a plastic lid and straw, covered with a small piece of tape. Containers must be sealed. Restaurants can sell mixed cocktails-to-go either at the location, by delivery, or at a drive-thru, but customers can’t buy drinks without food. Arizona House Bill 2773 changed the state’s liquor laws to include cocktails-to- go at restaurants. The new law makes per- manent something Governor Doug Ducey first approved by executive order during the pandemic, when restaurants were forced to limit their number of patrons. It worked. “Businesses owners have shown that of- fering to-go beverages can be done respon- sibly and safely,” Ducey said after signing the bill into law in May. State Representative Jeff Weninger, a Chandler Republican, sponsored the bill. Weninger co-owns the Italian restaurant Floridino’s Pizza & Pasta and Dilly’s Deli. Floridino’s serves beer and wine and did offer to-go alcohol during the pandemic, according to Weninger. Floridino’s does not appear on the state liquor board’s list of applicants seeking permission to deliver booze. Restaurant industry advocates claim that more than 1,200 businesses across Ari- zona lost $2.8 billion in revenue due to the restrictions during the coronavirus pan- demic. Ducey’s March 2020 executive or- der paused state enforcement of alcohol-to-go laws, but required liquor, beer, and wine to be sold in sealed contain- ers and only to those 21 years old or older. Restaurants, and some other businesses, can deliver beer, wine, or cocktails to-go, but it depends on the lease. If a restaurant is approved for a to-go cocktails lease, it can take orders for mixed cocktails and de- liver them. If the restaurant has an off-sale lease, it can deliver bottles of beer, wine, or spirits. Restaurants and bars with the ap- Jacob Tyler Dunn Mariah Madrid makes a batch of greyhounds to-go at the downtown Ingo’s. propriate lease can also partner with deliv- ery services to deliver drinks to customers off the licensed premises, but the delivery service must be a registered alcohol deliv- ery contractor. The Arizona Department of Liquor Licenses and Control registers each such contractor for a $100 fee. Registrations must be renewed annually. Dozens of bar owners pushed back against restaurants selling booze on the fly. Bar owners argued they already pay extra for that privilege and that it was unfair for the governor to close bars, but allow res- taurants to continue selling alcohol to go. In October 2020, Maricopa County Supe- rior Court Judge Pamela Gates temporarily halted restaurants from selling cocktails- to-go, in opposition to the governor’s exec- utive order. Gates’s ruling prompted the legislature to change state law. The case has since been dismissed. During hearings when the bill was con- sidered in the Arizona House of Represen- tatives, long-time bar owners were incensed that restaurants would be able to sell booze out the door without a pricey li- cense. One type of liquor license for bars is upward of $100,000 to sell alcohol on the fly, and grocery stores can pay $250,000 for such a license. Daryl Chester, the owner of Jester’s Billiards in Gilbert, argued that the >> p 23 DEC 9TH– DEC 15TH, 2021 PHOENIX NEW TIMES | MUSIC | CAFE | FILM | CULTURE | NIGHT+DAY | FEATURE | NEWS | OPINION | FEEDBACK | CONTENTS | phoenixnewtimes.com
