Pursuant to Directed Health Measure Order 2020-001 bars, restaurants, taverns, private clubs, and dine-in establishments located in Nebraska are restricted to carry-out, drive thru, or delivery sales only. Pursuant to Executive Order No. 20-06, during the term of the COVID-19 State of Emergency, Nebraska Retail Liquor License holders that are currently only authorized to sell alcohol for on-premises consumption (Class A and Class I) are now permitted to sell alcohol along with food take-out or delivery orders and may utilize drive-thru or curb-side “to go” pick-up procedures for the sale of alcohol. All such sales of alcohol must be in its original un-opened containers, except that Executive Order No. 20-09 permits mixed drinks to be sold for off-premises consumption, so long as the containers are sealed and in compliance with the Commission’s rules on sanitation. The container cannot exceed 64 ounces. Retailers are additionally encouraged to recommend to customers that they transport the alcoholic beverages somewhere out of reach of the typical passenger compartment of their vehicle.
Lines for carry-out and drive-thrus must have an environment where patrons and staff maintain social distancing (a distance of six feet away from another person) whenever possible. The Retail Licensee holder, whether making deliveries on its own or through a third party should ensure payment for the alcohol prior to delivery, that the sale has not been made to a minor, that delivery will not be made to a minor, and that delivery is made by a person 21 years or older.
The Directed Health Measure Order also prohibits gatherings of more than ten patrons or customers, excluding staff in a single space at the same time. This does not include general retail or grocery stores.
These restrictions are currently enforced and will continue until May 11, 2020, unless amended. Failure to comply with an Order may result in legal action or enforcement with civil and criminal remedies.
We know that you are facing challenging issues within your businesses and personal lives because of COVID-19. Fraser Stryker’s team of attorneys are here to help you navigate through these uncertain times. Please let us know if we can assist in any way.
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Robert W. Futhey
Ryan M. Ricke
This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.