3 CAR § 3-402
3 CAR § 3-402. To go and delivery by a restaurant
Length: 310 wordsOfficial source
(a) A restaurant holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container during legal operating hours directly to a consumer twenty-one (21) years of age or older along with the purchase of a meal.
(b) The sale of alcoholic beverages under this section may occur:
(1) At the point of sale to be consumed off-premises;
(2) At the drive-through to be consumed off-premises;
(3) At the curbside to be consumed off-premises; or
(4) Delivered to a consumer at a location off-premises.
(c)(1) "Meal" means the usual assortment of food commonly ordered at various hours of the day.
(2) “Restaurant”, as used in this section, means a public or private place that:
(A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served;
(B) Provides adequate and sanitary kitchen and dining equipment;
(C) Has a seating capacity of at least twenty-five (25) persons;
(D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members;
(E) Serves at least one (1) meal per day; and
(F) Is open a minimum of five (5) days per week with the exception of holidays, vacations, and periods of redecorating.
(3)(A) “Sealed container” means a container with a secure cap or lid that completely covers the opening for the container and a seal designed to make it evident when the seal has been removed or broken.
(B) The seal is affixed to the container by the licensee after the container is filled pursuant to a consumer order for the drink.
(C) This may include the use of tape or other adhesive.
(d) The restaurant to go and delivery rules do not apply to private clubs or restaurants located in a dry area.