Right now many business owners in the Food and Beverage Industry are fighting to survive. Here's a look into how to traverse the situation.
EXECUTIVE ORDER NO. 20-04
“The suspension of the following laws, as allowed by federal law, pursuant to section 127A-13(a)(3), Hawaii Revised Statutes (HRS), in order for county and state agencies to engage in emergency management functions as defined in section 127A-2, HRS: Section 281-31, HRS, licenses, classes, to the extent necessary to enable the county liquor commissions to allow licensees to sell unopened beer, unopened wine, or pre-packaged cocktails with food for pick up, delivery, take out, or other means to be consumed off the premises, and to enable county liquor commissions to waive, suspend, or postpone any deadlines or administrative procedures. “
What this means:
The following language:
As the Counties believed that they could not make any changes to existing laws, this language empowers them to do so. It also means that the County Liquor Commissions are responsible for the specific rules.
Honolulu County has specified the following amendment to the regular rules:
Licensees engaged in meal service (not Class-specific) may permit for pick up, delivery, take out, or other means for consumption off-premises unopened beer, unopened wine, or pre-packaged cocktails. Per the Governor's Executive Order No. 20-04, the product no longer has to be recorked or resealed in the original container as required by HRS §281-31(u). This service is available for meals prepared for pick up or delivery (food order is required). Delivery must be in compliance with the requirements of Rule §3-82-36.4(a). If the product is being provided for pick up or take out, licensees are encouraged to caution customers about “open container” prohibitions, which require the storage of the product in the vehicle’s trunk or area of the vehicle not normally occupied by the driver or passengers if opened (HRS §291-3.3).
§3-82-36.4. Deliveries. (a) Retail licensees may make deliveries of liquor to private residences or businesses with a bona fide order from the purchaser provided the licensee produces a receipt of delivery signed by a person verified to be of legal age at the delivery point.
Commission Emergency Rules, of the LC May 13, 2020 meeting,
per Governor's Executive Order 20-04
Holders of Class 2, 4, 5, 6, 12, 14 and 18 licenses may sell unopened beer, unopened wine, or
pre-packaged cocktails with food, for home delivery, provided that:
Proof of the liquor liability insurance required by section 281-31 (s), HRS, is waived for the renewal of the liquor license, provided that:
Employee approved by the Director card expiration, as stated in Rules of the Liquor Commission, Section 08-101-70 (b) is extended to 90 days after the end of the emergency period, provided that:
Section 08-101-33 (e) is extended to 4:30 p.m. on June 30, 2020.
CLARIFICATION BY THE LIQUOR COMMISSION AT ITS JUNE 10, 2020 MEETING
Liquor Commission Emergency Rules, of the LC May 13, 2020 meeting,
per Governor's Executive Order 20-04
According to Hawaii County Director of the Department of Liquor Control, Gerald Takase, "In the County of Hawaii, we have actually been allowing to go alcohol since the restaurants and dispensers have had to shut down. We also allowed sealed beverages since the start rather going through the charade of opening, just to reseal to allow as take out. It made no sense to us to require the opening of the alcohol containers during these times of heightened sanitation. Some of the other things that we have allowed is for drive up service for our retail outlets as well, to minimize the social interaction. Some of our dispenser generals were really restaurants but never changed categories, we are allowing them to do to go alcohol sales as well in conjunction with their food service."
According to Gerald T. Rapozo, Director of the Department of Liquor Control: "Kauai has been allowing what the Executive Order established. We will keep to what the EO says."
Open Container Law (As a best practice, post it in a visible place)
Per Our research, as a best practice, California's takeout cocktail amendment recommended the posting of the open container laws, and defined it as follows: "'Post' means to prominently display on the premises, post online, or present in whatever manner is necessary to ensure that the consumer purchasing, or delivery person transporting, such beverages is given notice of this warning."
The following is a printable PDF of the Law which can be found here:
Execution of Takeout Cocktails
Pre-packaged cocktails allow for better margins as it creates a value added product. Similarly mixers can be sold with a bottle. Hawaii Beverage Guide’s article about Hawaiian Sun provides some flavor combination ideas
Pre-defined cocktails are the easiest on execution. Once an order is placed sales will ideally happen online for prepayment, can be taken over the phone, or can be done upon arrival.
Custom Cocktails made to order
Made to order cocktails can be shaken or stirred, then packaged, then refrigerated. However, there is a degradation in flavors due to oxidation, and certain flavors degrade faster than others.
Many programs found in our research have both single serving and multiple-serving sizes of the same cocktail. Each serving, while 8oz is the standard for a cocktail, that typically includes ice while still accounting for the dilution from stirring or shaking. So a 6oz portion size may be more accurate, depending on the drink.
The biggest challenge for Hawaii bars and restaurants would be to source cost efficient and easy to transport containers.
Mason Jars and other Jars
Other Potential Options
Avery Labels have templates for Microsoft Word and Apple Pages. They also have templates for Adobe: Illustrator, InDesign, and Acrobat. Each of the following labels has templates available for download directly from the website.
Examples of Programs