Poplar Bluff City approves alcohol-to-go, by the drink

The Poplar Bluff City Council voted Monday to temporarily change city ordinance regarding the sale of alcohol by the drink.

The change will allow restaurants to sell alcohol by the drink as a to-go item, under specific rules.

This was done to match an order issue by the governor relating to social distancing and the closure of eat-in restaurant facilities during the coronavirus crisis.

“We were approached last week by some of the local restaurants,” city manager Mark Massingham said Monday, following a special council meeting to vote on the matter. “Our liquor laws are a little more strict here. Other cities didn’t need to change their ordinances.”

It was unanimously approved after mayor pro tem Steve Davis expressed concern about minors purchasing the alcohol. Laws regarding minors have not changed, city attorney Mark Richardson said.

This was a temporary measure meant to help local businesses are struggling under the current restrictions, Massingham said.

11 CSR 70-2.010(5) requesting to temporarily expand the definition of original package to include retailer-packaged alcohol beverages under the following conditions: The alcohol container must be durable, leak-proof, and sealable, and must meet the minimum size requirements outlined in 11 CSR 70-2.010(5), the patron must have ordered and purchased a meal simultaneous with the liquor purchase; the licensee must provide a dated receipt for the alcohol beverage(s) and the sealed alcohol container must either be placed in a one-time use, tamper proof, transparent bag which must be securely sealed or the container opening must be sealed with tamper proof tape.

Because Missouri law limits ‘to-go’ alcohol sales to products in their original package, the state has temporarily expanded the definition of “original package” to include retailer-packaged alcohol beverages under certain conditions, according to information released by the governor’s office.

Those conditions are:

• The alcohol container must be durable, leakproof, and sealable, and must meet the minimum size requirements outlined in the Code of State Regulations [11 CSR 70-2.010(5)];

• The customer must have ordered and purchased a meal simultaneous with the liquor purchase;

• The licensee must provide a dated receipt for the alcohol beverage(s); and

• The sealed alcohol container must either be: Placed in a one-time-use, tamper proof, transparent bag which must be securely sealed, or; The container opening must be sealed with tamper proof tape.

The change does not allow liquor licensees to sell mixed drinks in ‘to-go’ plastic or Styrofoam cups with straws or loose covers, according to the state.

The temporary expansion of the original package for ‘to-go’ sales will expire when Governor Mike Parson’s March 13 state of emergency declaration in response to COVID-19 ends, Massingham said.

The Butler County Health Department says restaurants will not be allowed to offer outdoor seating, said Emily Goodin during a meeting of county officials Monday, but can still offer drive-thru and carry-out options.