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New Order from Gov. Beshear Closes All Non-Essential Retail Businesses

On Sunday, March 22, Gov. Andy Beshear issued an executive order that closes all non-essential retail as of 8:00 p.m. on Monday, March 23. Essential retail businesses listed in the order include grocery stores, pharmacies, banks, hardware stores and other businesses that provide staple goods. Luckily for alcohol retailers, that list includes liquor stores, which may remain open, but follow social distancing and hygiene guidance from the CDC and Kentucky Department of Public Health. Importantly for restaurants, carry-out, delivery and drive-through food and beverage sales may continue.

This order also does not supersede the earlier order from the Public Protection Cabinet, and by-the-drink retailers are still permitted to provide package sales and delivery so long as the sale is conjunction with the sale of a meal. Delivery drivers must be at least 20 years of age, and the vehicle must be owned by the employee or independent contractor for a service. Alcohol can’t exceed the amount that would be “reasonably” consumed with a meal, it must be sold in sealed containers, and it’s still illegal to provide alcohol to those under 21.

Stephen G. Amato is a Member of McBrayer law. Mr. Amato focuses his practice in the areas of hospitality law, civil litigation, employment law, and administrative law, and is located in the firm's Lexington office. He can be reached at samato@mcbrayerfirm.com or 
(859) 231-8780, ext. 1104. 

Services may be performed by others. This article does not constitute legal advice.

Lexington, KYLouisville, KYFrankfort, KY: MML&K Government SolutionsWashington, D.C.