Takeout Restaurant Alcohol Equals Easy Access for Minors

By Christina Borbely and Suzette Rochelle-DiVirgilio

In an effort to help California restaurants and bars survive the effects of the Covid-19 pandemic, the California Department of Alcoholic Beverage Control (the ABC) loosened restrictions on takeout and delivery of alcoholic beverages. This has provided an opportunity for our community to support local businesses and enjoy drinks responsibly at home to avoid COVID-19 transmission.

Unfortunately, it has also created a greater challenge for public health: how do we prevent minors from accessing alcohol, ensure safe transport of alcoholic beverages in private vehicles, and enforce ID checks when it is delivered by third-party services?

The ABC’s Coronavirus regulatory relief changes allow licensees to sell alcoholic drinks to-go in prepackaged or sealed containers, through take out windows, and by curbside pickup. Containers for alcoholic beverages must have a secure lid or cap that prevents consumption without removal with no openings in the lid.

In addition, retailers must post a prominent warning advising customers to put alcohol in the trunk of their car while driving, and that all provisions of California’s open container laws still apply. The ABC emphasizes that licensees must use this regulatory relief responsibly without compromising the public’s health, safety, or welfare.

Far too many businesses have eagerly embraced the relaxed regulations while neglecting their responsibility to protect youth and the public.

Statewide ABC enforcement actions found significant violations of the law, stating that, “Most concerning is that minors are routinely able to purchase alcohol through delivery from restaurants. There have been instances in which the licensee’s own employees have done so, but a far greater rate has been evident among third-party delivery services.”

Not Liable

Compliance actions from ABC found up to 70% of minor decoys were able to receive alcohol from third-party delivery services. When it is ordered through a third-party delivery service, such as DoorDash, UberEats, or GrubHub, the companies themselves are not liable.

Legal responsibility for checking to make sure that they are not selling to minors rests on alcohol licensees and delivery drivers. When our local alcohol merchants and third-party delivery services treat public health as their personal responsibility, our community is less likely to experience consequences of increased youth alcohol consumption, poisonings, and drunk driving tragedies.

Alcohol license holders must take the initiative to seek out the particulars of their responsibilities under the relaxed regulations and put them into practice.

Parents and guardians should note the easier access to alcohol for minors and re-evaluate their system for preventing underage drinking.

One way to engage is to have an honest, non-judgmental conversation with youth about safety and alcohol. Parents should keep alcohol in their homes locked up and monitor home deliveries.

Some youth may be having trouble coping with the stress of the pandemic and isolation and may view alcohol as a way to escape. By having a conversation and keeping these products secured, parents can send a clear message that they will be there for their children, and alcohol won’t be.

We don’t have to choose between thriving businesses and negative outcomes associated with increased alcohol use during the pandemic.

To achieve a safe and healthy Santa Cruz County, we must remember our responsibilities as business owners, employees, policymakers, law enforcement officers, and parents.

We can temporarily relax regulations and still maintain a healthy community by emphasizing education of alcohol merchants, consistent enforcement of the law, and securing and monitoring alcohol in our homes.

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Christina Borbely and Suzette Rochelle-DiVirgilio are co-chairs of Community Prevention Partners.