Senate committee reviews making 'to‑go' alcohol sales permanent after safety review

The Senate Economic Development, Housing & General Affairs Committee on April 30 heard testimony supporting a bill, H.339, that would remove the temporary sunset on sales of alcoholic beverages for off‑premise consumption.

Lawmakers said they would wait for a clarification from law enforcement about how officers record the "place of last drink" in DUI and fatality investigations before taking a vote on the measure.

Committee members were presented with the legislative history and an agency assessment that found little public‑safety impact from the temporary to‑go program enacted during the COVID‑19 pandemic. Tucker Anderson, legislative counsel, told the committee the provision began under the 2021 act and has been extended multiple times: "So this would make it to the 70, you say, section 2 30 will exist in perpetuity or at least until the general assembly decides to repeal this in the future." He framed H.339 as an effort to remove the statute's sunset so the authorization would remain until the legislature acts again.

Representative Lucy Boyden, the House sponsor who introduced the bill in the committee, summarized earlier committee action in the House and noted the measure passed committee and moved through the House.

Amy Spear, president of the Vermont Chamber of Commerce and speaking for Vermont Independent Restaurants, told the committee both organizations "support the repeal of the sunset provision currently governing the sale of alcoholic beverages for off premises consumption." She said the option provided an important revenue stream during the pandemic and remains a valued customer service; based on member responses, she estimated off‑premise alcohol is typically under 10% of takeout sales and cited a national survey that 56% of adults would order drinks with to‑go orders if available.

The Department of Liquor and Lottery presented the agency's compliance assessment. A department witness summarized inspections and compliance checks from July 2021 through November 2024: "we conducted, over 7,200 compliant routine compliance checks, and inspections" and found about 20 violations tied to to‑go alcohol sales. The department characterized most violations as labeling or tamper‑seal issues rather than public‑safety problems; there was one monetary fine in the period for a fourth‑class licensee (a manufacturer's tasting room) that failed to offer required food with a to‑go sale. The department reported zero violations tied to curbside pickup at retail locations and said it found no pulled place‑of‑last‑drink cases tied to to‑go alcohol sales during the review period.

Committee members pressed the department about how place‑of‑last‑drink information is collected and memorialized in law enforcement reports. The department said its pulled investigations are triggered when a responding officer identifies a licensed establishment as the place a person was last observed, but the committee requested the department follow up with law enforcement to clarify whether officers routinely record whether a subject had an off‑premise "to‑go" beverage. The chair said she would like that follow‑up before taking a vote on H.339.

No formal motion or vote was recorded in the committee during the session; members said they would review the follow‑up information and may return later the same day to consider a vote.

Background: H.339 would remove the temporary sunset on a statutory provision enacted in 2021 that allowed certain license classes to sell prepared cocktails, wine and malt beverages for off‑premise consumption and permitted curbside pickup for unopened containers by retail licensees. Supporters argued permanence would help restaurants and bars, while the Department of Liquor and Lottery said its multi‑year compliance work showed no significant public‑safety or enforcement issues to date.

Next steps: Committee staff will seek clarification from law enforcement about how place‑of‑last‑drink details are recorded and reported; the committee indicated it would consider that information before proceeding to a vote.