To-Go Mixed Drinks Mean More Opportunities for Both Revenue and Liability

In an article published in Modern Restaurant Management on June 28, 2021, Partner Derick Cooper and Associate Jason Vuchinich discuss the recently passed Georgia State Senate Bill 236, which offers an opportunity for restaurants and bar owners to generate more revenue through to-go orders. 

"In particular, S.B. 236 allows food service establishments to now sell mixed drinks for off-premises consumption," the authors write. "In other words, it allows the sale of mixed drinks with to-go food orders. This legislation results from innovative practices restaurants and bars developed during COVID-19 shutdowns nationwide."

Cooper and Vuchinich explain that "while this new law presents new revenue streams for bar and restaurant owners, it also exposes bar and restaurant owners to significant new risks for potential liability." 

For example, "if a restaurant or bar provides to-go mixed drinks to an intoxicated or underage customer who consumes them and then shortly thereafter gets into a car wreck causing injury, the restaurant or bar providing the to-go alcohol can be held liable for such injury." For this reason, it is imperative that restaurant owners understand their potential liability.

"Most importantly, employers should ensure their employees servicing the alcohol to-go orders are acutely aware of this liability risk - this includes the employees who receive the order if it is placed by the customer in person or over the phone, as well as the employees who actually interact with the customer and deliver the drinks. And the employers should train employees to detect intoxication during the cash register or curbside pick-up exchange," they explain. 

For the full article, click here.