Cocktails-to-Go Law

Wisconsin now has a law that allows restaurants and bars to safely sell craft cocktails and wine by the glass to customers for carryout. WRA advocated to make this law a reality. Allowing cocktails to go offers a nice boost in revenue for restaurants wishing to offer them to their customers.  
  
The law went into effect on Sunday, March 28th, 2021.
 
Remember that cocktails sold to-go must be in a container with a tamper evident seal. “Tamper-evident seal” means a device or material that is used to securely and fully close off a container, with no perforations, in such a manner that access to the contents of the container cannot be gained without showing evidence of tampering. This means a restaurant cannot put a cocktail in a plastic cup with a lid with a straw hole. WRA strongly urges you to securely seal cocktails with heat seal bands, strong “deli” style tape/stickers or invest in jars and pouches specifically created for to-go beverages that need to be sealed. Pouches may not have holes for straws.

Questions? Ask WRA

FAQs

Keep in mind that this is a brand new law. Formal guidance and interpretations will be forthcoming from the Department of Revenue. For now, this is what we know.

When did this law go into effect?

Sunday, March 28th, 2021

Can I use a plastic cup and lid for my cocktail to go?

​Cocktails sold to go must be in a container with a tamper evident seal.  Your normal soda cup and lid with a straw hole is not allowed. To use a plastic cup and lid, you need to use a lid with NO straw holes and secure the lid with strong tape.  You should securely seal cocktails with heat seal bands, strong tape/stickers, or invest in jars and pouches specifically created for to go beverages that need to be sealed.

Can I use a Styrofoam cup and plastic lid for my cocktail to go?

​Only if the contents is securely sealed with heat seal bands, strong tape or stickers. To use a foam cup and lid, you need to use a lid with NO straw holes and secure the lid with strong tape.

Where can I purchase heat seal bands, strong tape/stickers, or pouches specifically created for to go beverages?

​Secure tape or stickers will work but we encourage you to invest in tampersafe type tape or other containers specifically made for cocktails-to-go until the DOR issues official guidance.  Check with your local carry out supply vendor for tampersafe type tape.  Tape used by delis and coffee shops to secure the contents of containers would work too.

Fein Brothers
2023 N King Dr (3rd St.)
Milwaukee, WI 53212
D: 414-260-9653
M: 414-562-0220
F: 414-562-0220
www.feinbrothers.com

Gordon Foodservice
Great Lakes West - Milwaukee
Toll Free 1-800-968-6536
Cell 1-262-989-9799
10901 38th Street, Kenosha Wi. 53140
www.gfs.com

- Supplier members who carry tamperproof products can contact the WRA to be listed.

Is there a limit on how many I can sell to one customer?

No.

Does the customer need to order food with their CTG?

No.

Can I sell in larger containers?

Yes, however, Wisconsin state statute limits the container size to no more than 1.75 liter or about 59 fluid oz. (excluding wine)

​Tax 8.41 Size of containers. 
(1) No manufacturer, rectifier, wholesaler, retailer or other person licensed for the sale of intoxicating liquor shall possess intoxicating liquor, not including wine, in a container of more than 1.75 liter (59.1752 fluid ounce) capacity, except alcohol intended for industrial, medicinal, scientific or mechanical purposes.

Can my 17-year old host take the order for the cocktail to go?

Yes, the minor can take the order but no serving, selling, dispensing, or giving away alcohol beverages.