Alcohol To-Go: Who Can Sell What Under Florida Alcohol Laws
In 2024, Florida’s laws concerning the sales of alcoholic products for off-premises consumption are confusing. Who can sell what depends greatly on (a) what’s in the product, (b) who packaged it, and (c) what Florida alcoholic beverage license is held by the seller.
These tables are intended to briefly summarize the current status of Florida law when it comes to off-premises consumption sales.
| BEER AND MALT BEVERAGE PRODUCTS (INCLUDING SAKE) | |||
| Products packaged by the | Can be sold for consumption off-premises by these license-holders | With these special restrictions | According to these Florida Statutes |
| Manufacturer | 1APS | None | 563.02(1)(a) |
| 2APS | None | 564.02(a) | |
| 1COP | None | 563.02(1)(b)-(f) | |
| 2COP | None | 564.02(b)-(f) | |
| 4APS | None | 565.02(1)(a) | |
| 4COP-SFS | Must be included with qualifying sale of meal | 561.20(2)(a)4. 565.045(1)(c)-(e) | |
| 4COP Quota | None | 565.02(1)(b)-(f) | |
| Retailer | CMB and 1APS, 1COP, or 2APS | In qualifying growlers only | 561.221(7) |
| 2COP | In qualifying growlers only | 561.221(7) | |
| 4COP-SFS | In qualifying growlers only, and included with qualifying sale of meal, and | 561.221(7) 561.20(2)(a)4. 565.045(1)(c)-(e) | |
| 4COP Quota | In qualifying growlers only | Fla. Stat. 561.221(7) | |
| Must be included with qualifying sale of meal | Fla. Stat. § 565.045(1)(c)-(e) | ||
| WINE PRODUCTS (INCLUDING CIDER) | |||
| Products packaged by the | Can be sold for consumption off-premises by these license-holders | With these special restrictions | According to these Florida Statutes |
| Manufacturer | 2APS | None | 564.02(a) |
| 2COP | None on sales of unopened bottles. | 564.02(b)-(f) | |
| Limited to one partially consumed bottle purchased with a meal. | 564.09 | ||
| 4APS | None on sales of unopened bottles. | 565.02(1)(a) | |
| 4COP-SFS | Unopened bottles included with qualifying sale of meal | 561.20(2)(a)4. 565.045(1)(c)-(e) | |
| Limited to one partially consumed bottle purchased with a meal. | 564.09 | ||
| 4COP Quota | None on sales of unopened bottles. | 565.02(1)(b)-(f) | |
| Limited to one partially consumed bottle purchased with a meal. | 564.09 | ||
| Retailer | 4COP-SFS | Included with qualifying sale of meal | 561.20(2)(a)4. 565.045(1)(c)-(e) |
| 4COP Quota | Must be included with qualifying sale of meal | 565.045(1)(c)-(e) | |
| DISTILLED SPIRITS PRODUCTS | |||
| Products packaged by the | Can be sold for consumption off-premises by these license-holders | With these special restrictions | According to these Florida Statutes |
| Manufacturer | DD(CD) | Limited to products manufactured by the craft distillery on its premises | 565.03(f) |
| 2APS | Limited to special low proof ready-to-drink (RTD) products | 564.06(5)(b) Florida Administrative Code Rule 61A-3.050 | |
| 2COP | Limited to special low proof ready-to-drink (RTD) products | 564.06(5)(b) Florida Administrative Code Rule 61A-3.050 | |
| 4APS | None | 565.02(1)(a) | |
| 4COP-SFS | Must be included with qualifying sale of meal | 561.20(2)(a)4. 565.045(1)(c)-(e) | |
| 4COP Quota | None | 565.02(1)(b)-(f) | |
| Retailer | 4COP-SFS | Must be included with qualifying sale of meal | Fla. Stat § 561.20(2)(a)4. Fla. Stat. § 565.045(1)(c)-(e) |
| 4COP Quota | Must be included with qualifying sale of meal | Fla. Stat. § 565.045(1)(c)-(e) | |
Do you have any questions about selling alcohol to go in Florida? Contact us to schedule a consultation with a beverage attorney.
Because we’re attorneys: Disclaimer. Originally posted 10/06/2024.
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