Buying Beer: Understanding Us Alcohol Laws

The legal drinking age in the United States is 21, and this applies to alcoholic beverages like beer. But what about non-alcoholic beer, often referred to as NA beer? Can those under 21 buy these beverages? The answer is that it depends on the state. While federal law prohibits the sale of alcoholic drinks to those under 21, the laws regarding non-alcoholic drinks are less clear. Some states, like Oregon, West Virginia, and Wyoming, prohibit the sale of NA beer to minors, while others, like Ohio, allow it as long as the buyer is over 18. Other states, like Alabama, have varying laws depending on the county. This is due to an anomaly where non-alcoholic beers are regulated by the Federal Alcohol Administration Act, which does not indicate an ABV minimum.

Beer delivery services

There are a variety of beer delivery services in the US. Some of the most popular ones are:

• Craftshack: An online marketplace that connects beer buyers with smaller, craft-centric bottleshops. Craftshack offers speedy delivery and a wide range of beer, liquor, and wine options.
• Untappd Shop: The world's largest social media craft beer networking app with over 11 million fans worldwide. Untappd recently launched its own e-commerce platform, allowing users to purchase exclusive beer bundles and highly-rated individual beers.
• Oznr: A mobile app that allows breweries to release new offerings digitally and build excitement through pre-sales, waitlists, and raffles. Oznr also enables users to sign up for brewery bottle societies and membership clubs, and stay updated on discounts and deals.
• Half Time: A virtual bottleshop offering one of the largest selections of beer and cider in the country. Half Time allows customers to order as little as a single can or as much as a case, with the option to mix and match from their extensive selection.
• Tavour: A subscription-based service that allows customers to fill up a box of beer over time before shipping it out. Tavour offers a constantly rotating selection of beers from various breweries.
• Instacart: A same-day delivery service that partners with local retailers to offer a wide range of products, including beer, wine, and liquor. Instacart allows customers to schedule their deliveries and offers contactless delivery options.

These services provide convenient ways to purchase and receive beer without leaving your home, although it's important to note that some services may have restrictions on shipping locations and minimum order requirements.

Alcohol taxes and duties

At the federal level, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates the importation of alcohol into the United States. For commercial importation, an Importer's Permit and a Certificate of Label Approval (COLA) from the TTB are required. On the other hand, individuals importing alcohol for personal use on a one-time basis are exempt from obtaining these permits.

State and local alcohol tax rates differ significantly across the United States. As of January 2023, per-gallon tax rates on beer ranged from $0.02 in Wyoming to $1.29 in Tennessee. Wine tax rates ranged from $0.20 in California and Texas to $2.50 in Alaska, while liquor tax rates ranged from $1.50 in the District of Columbia and Maryland to $14.27 in Washington. It is worth noting that some states do not tax wine or liquor, opting instead to generate revenue through government-run liquor stores.

In addition to federal and state excise taxes, there may also be local taxes and duties applicable to alcohol importation, especially for personal use. These taxes and duties depend on various factors, including the quantity, product type, and country of origin. U.S. Customs and Border Protection (CBP) is responsible for enforcing laws and regulations regarding alcohol importation, and they have the discretion to determine whether an importation is for personal use.

Alcohol taxes are often referred to as "sin taxes" because they are intended not only to generate revenue but also to discourage alcohol consumption due to its associated costs to consumers and the public, such as increased healthcare expenditures. Research has shown that higher alcohol taxes can effectively reduce excessive consumption, youth consumption, and related issues like traffic fatalities.

However, it is important to note that alcohol excise taxes have declined in real terms since their inception after National Prohibition. This erosion of taxes is attributed to insufficient tax increases and infrequent tax increases that fail to keep pace with inflation. As a result, legislative action is required to maintain the public health benefits associated with higher alcohol tax rates.

Beer marketing restrictions

Beer marketing is a highly regulated area, with strict rules surrounding advertising and promotions. In the US, the marketing and advertising of beer are regulated under the Federal Alcohol Administration Act (FAA) by the Tobacco Tax and Trade Bureau (TTB), which is part of the Department of the Treasury. While the First Amendment allows for freedom of speech, there are still some limitations on how beer companies can advertise their products.

Prohibited Content

Beer advertisements must not include:

• Misleading, false, or untrue statements
• Negative or disparaging comments about a competitor
• Indecent or obscene representations, designs, or statements
• Misrepresentation of analyses, standards, or tests
• Misleading guarantees (excluding money-back guarantees)
• Statements falsely promoting the health benefits of alcohol
• Claims that alcohol is made, sold, or marketed under federal or state regulation
• The word "bonded" or any implication that alcohol is made under government supervision
• Claims that wine or malt beverages contain distilled spirits
• Statements about spirits being "double" or "triple" distilled unless they are
• The word "pure" when advertising spirits, unless referring to a specific ingredient
• Statements inconsistent with approved labeling

Age Restrictions

To prevent marketing to minors, beer companies must ensure that their advertisements are targeted at adults of legal drinking age. This includes restrictions on the platforms they can use, with alcohol brands restricted to platforms where at least 71.6% of the audience is over the legal drinking age. This often includes age-screening features or requirements for age affirmation before accessing alcohol-related content.

Social Media Guidelines

When it comes to social media, alcohol brands face additional challenges due to the interactive nature of the platforms. The Federal Trade Commission (FTC) has outlined guidelines for digital marketing communications, including:

• Ensuring that communications are intended for adults of legal purchase age
• Placing communications only on platforms where at least 71.6% of the audience is of legal purchase age
• Requiring age affirmation for direct interactions with users
• Regularly monitoring and moderating user-generated content on brand-controlled sites or pages
• Including instructions for users not to forward digital marketing communications to individuals below the legal purchase age
• Respecting user privacy in digital marketing communications

Promotions and Discounts

There are often state regulations regarding promotions and discounts for alcoholic beverages. For example, daily drink specials may be limited to one type of alcoholic drink per day, and happy hours may be restricted to a certain number of hours per day or week. Additionally, all drink promotions must typically end by midnight, and no alcohol can be discounted between 12 a.m. and 2 a.m.

Self-Regulation

Many of the regulations and rules surrounding beer advertising are self-imposed by the alcohol industry. The Beer Institute, the Distilled Spirits Council of the United States (DISCUS), and the Wine Institute have all adopted voluntary advertising and marketing codes to reduce the likelihood of targeting underage consumers. These codes include guidelines such as age-gating on social media platforms and self-regulatory standards designed to discourage underage drinking in marketing content and placement.

State-by-state beer sales restrictions

The United States Constitution grants each state and territory the power to regulate laws pertaining to alcohol within their jurisdiction. As such, there are notable differences in the production, sale, distribution, and consumption of alcohol across the country. Here is a state-by-state breakdown of beer sales restrictions:

Alabama

Beer and wine are not controlled by the state, but spirits are. On-premise and off-premise liquor sales are limited to 2 AM on Sundays. Beer and wine can be sold in supermarkets, but spirits cannot. While 26 of Alabama's 67 counties do not allow alcohol to be sold, possession and consumption are legal. There is a 6% ABV cap on beer sales, and bottles cannot exceed 16 ounces. Wine also faces a 14.9% ABV limit. Homebrewing is currently illegal in Alabama.

Alaska

No alcohol is state-controlled in Alaska. On-premise and off-premise sales are allowed from 8 AM to 5 AM. Liquor sales are not permitted in grocery stores.

Arizona

No alcohol is state-controlled in Arizona. Sales are permitted from 6 AM to 2 AM Monday through Saturday and 10 AM to 2 AM on Sunday. Drive-through liquor stores are legal.

Arkansas

Alcohol distribution is not state-controlled in Arkansas. On-premise sales vary with different types of establishments. Off-premise sales are allowed from 7 AM to 1 AM Monday through Friday, but only until midnight on Saturdays. Beer and wine can be sold in supermarkets, but only in-state-produced wine is permitted, and spirits are prohibited. Arkansas has many dry counties, but private clubs are exempt from these restrictions. No sales are allowed on Sundays or Christmas Day, although exceptions may apply.

California

Alcohol sales are not controlled by the state in California. Sales are allowed from 6 AM to 2 AM. Wine, beer, and spirits can be sold in grocery stores. While California has lenient laws about liquor promotion, individual counties can restrict sales with local regulations. The sale of alcohol above 76.5% ABV is illegal.

Colorado

Alcohol sales are not controlled by the state in Colorado. On-premise sales are permitted from 7 AM to 2 AM, and off-premise sales are allowed from 8 AM to midnight. Only 3.2% ABV beer can be sold in grocery stores. Off-premise sales are allowed seven days a week. Liquor stores are restricted to a single location, and absinthe is legal.

Connecticut

Alcohol sales are not controlled by the state in Connecticut. On-premise sales are allowed from 9 AM to 1 AM Monday through Thursday and 9 AM to 2 AM on Friday and Saturday. Off-premise sales are permitted from 8 AM to 9 PM Monday through Saturday and are prohibited on Sundays and holidays. Beer can be sold in grocery stores.

Delaware

Alcohol sales in Delaware are not state-controlled. On-premise sales are allowed from 9 AM to 1 AM, and off-premise sales are permitted from 9 AM to 1 AM Monday through Saturday and noon to 8 PM on Sundays, subject to local ordinances. No holiday sales are allowed, nor is off-premise sale outside of a licensed liquor store, taproom, or brewpub. Persons under 21 are not allowed in any off-premise licensed venue.

Florida

Alcohol sales in Florida are not controlled by the state. State law prohibits on-premise and off-premise sales between 1 AM and 7 AM, unless the county decides to change the operating hours. For example, Miami-Dade County liquor stores may operate 24 hours a day. Beer, wine, and low-alcohol liquors can be purchased at grocery stores. Spirits greater than 76.5% ABV are illegal.

Georgia

Georgia has unique laws regarding alcohol sales. While sales are not controlled by the state, hours of sale are determined by the county. Beer with an ABV above 14% is illegal. No off-premise sales are allowed on Sundays. In certain areas, public consumption is legal but with limitations: only one drink is permitted on the street, with a size limit of 16 ounces, and drinking from a can, bottle, or glass is prohibited.

Hawaii

Alcohol sales in Hawaii are not state-controlled. On-premise sales are permitted from 11:50 AM to 6 AM with the proper cabaret licensing. Off-premise sales are allowed from 11:50 AM to midnight. Spirits, beer, and wine can be sold in grocery stores.

Idaho

Spirit sales are controlled by the state in Idaho. On-premise sales are allowed from 10 AM to 1 AM. Beer and wine can be sold in grocery stores. Beverages exceeding 16% ABV can only be sold in state dispensaries or contracted stores.

Illinois

Alcohol sales in Illinois are not state-controlled. On-premise sales are permitted from 6 AM to 4 AM. All beverages can be sold in grocery stores. Sales laws are determined by local municipalities. Sales on Sundays are not allowed until 11 AM.

Indiana

Alcohol sales in Indiana are not controlled by the state. On-premise sales are allowed from 7 AM to 3 AM Monday through Saturday and 10:30 AM to 12:30 AM on Sunday. Off-premise sales are permitted from 7 AM to 3 AM, but no off-premise sales are allowed on Sundays. No sales are permitted on Christmas, New Year's Day, or election day before the polls close. Alcohol can be sold in supermarkets.

Iowa

Spirit sales are controlled by the state in Iowa. On-premise and off-premise sales are allowed from 6 AM to 2 AM Monday through Saturday and 8 AM to 2 AM on Sunday. Grocery store alcohol sales are permitted. All beer greater than 6% ABV must be shipped from the state warehouse.

Kansas

Kansas does not control liquor distribution but has some of the strictest alcohol laws in the nation. All alcohol was prohibited from 1881 to 1948, and on-premise sales were banned from 1881 to 1987. Sunday sales have only been permitted since 2005. In counties that allow on-premise sales, the hours are from 9 AM to 2 AM, while off-premise sales are from 9 AM to 11 PM Monday through Saturday and noon to 7 or 8 PM on Sundays. Only 39 counties allow general on-premise sales, and only 17 counties allow sales without restriction. Sales are prohibited on Memorial Day, Labor Day, Independence Day, Thanksgiving, Christmas, and Easter. Only 3.2% ABV beer is available at grocery stores.

Kentucky

Alcohol sales in Kentucky are not state-controlled. On-premise sales are allowed from 6 AM to 4 AM, and off-premise sales are from 6 AM to 2 PM. Alcohol can be sold in grocery stores. Local ordinances may override these hours. Only five counties around the major cities fully allow sales. Fifty-three counties are completely dry, and 16 counties have some cities that permit sales. Another 21 counties only allow special sales, such as wine from wineries.

Louisiana

Alcohol sales in Louisiana are not state-controlled. There are no restrictions on on-premise or off-premise sales unless the municipality decides that on-premise sales must stop at 2 PM. Off-premise sales are allowed in grocery stores and all other licensed stores, and these sales can be 24/7, which cannot be challenged by municipalities. In New Orleans, you can drink alcohol in plastic cups in public and, if allowed by the bar, take your drinks from one bar to another. Many places allow the consumption of packaged beverages on the street, but this is up to the municipality. Most bars can be entered at 18, but you must be 21 to purchase and consume alcohol.

Maine

Spirit sales are controlled by the state in Maine. On-premise sales are allowed from 6 AM to 1 AM Monday through Saturday and 9 AM to 1 AM on Sunday. Beer and wine can be purchased in grocery stores. Wine with an ABV above 15.5% must be sold in state-contracted stores. Alcohol sales are not permitted after 1 AM any day.

Maryland

Alcohol laws in Maryland vary by locality, and sales are not state-controlled. Some counties prohibit sales on Sundays, while others do not. Some places restrict alcohol heavily, but there are no completely dry counties. Some alcohol is allowed to be sold in grocery stores in certain counties.

Massachusetts

Alcohol distribution is not state-controlled in Massachusetts. On-premise sales are allowed from 8 AM to 1 AM (2 AM in Boston). Off-premise sales are permitted from 8 AM to 11 PM, and Sunday sales on-premise and off-premise start at noon. Cities have the authority to shorten these times. Some convenience stores are licensed to sell beer, but not grocery stores or gas stations. Happy hours are prohibited, and you can only purchase two drinks per individual at one time on-premise.

Michigan

Spirit sales are controlled by the state in Michigan. On-premise and off-premise sales are allowed from 7 AM to 2 AM, and noon to 2 AM on Sundays. Any liquor can be sold at grocery stores and convenience stores, except for gas stations in Wayne County. Sales of liquor after 9 PM on December 24 and all day on Christmas are prohibited. On-premise sales on January 1 are allowed until 4 AM.

Minnesota

Alcohol sales in Minnesota are not controlled by the state. On-premise sales are permitted from 8 AM to 2 AM, and off-premise sales are allowed from 8 AM to 10 PM, with no off-premise sales on Sundays. Local ordinances can change off-sale hour allowances, and growler sales are allowed until 10 PM.

Mississippi

Spirit distribution is controlled by the state in Mississippi. Sales hours are fixed by local municipalities. Beer can be sold in grocery stores, but wine above 6% ABV can only be sold in state-controlled stores. Sales are prohibited on Christmas Day, and there is no open container law in the state. You can get free alcohol in the 24/7 coastal casinos. In most counties, Sunday sales are prohibited, and there are even some dry counties.

Missouri

Missouri has very permissive alcohol laws. Alcohol sales are not state-controlled. On-premise sales are allowed from 6 AM to 1:30 AM Monday through Saturday and 9 AM to midnight on Sunday. St. Louis and Kansas City, along with a few other counties, can operate from 6 AM to 3 AM daily. Off-premise sales are permitted during the same hours, including bars allowed to double as liquor stores in St. Louis and Kansas City, which can remain open until 3 AM. There are no state open container laws, blue laws (prohibiting sales on Sundays), public intoxication laws, or absinthe prohibition. There are no dry counties, and prohibiting off-premise sales is illegal. State laws override local laws. Grocery stores and gas stations can sell liquor with the only limitation being operating hours. Parents and guardians may give their children alcohol. There is no prohibition of consumption by minors, although purchase, possession, and intoxication by minors are illegal. Open containers are allowed on Kansas City's Power and Light District. You may manufacture up to 100 gallons of liquor for personal use without state permits or taxes.

Montana

Spirits are regulated by the state in Montana, but beer and wine may be sold at grocery stores as long as they are below 16% ABV. Wine above this limit must be sold at state-controlled stores. On-premise sales are limited to 2 AM.

Nebraska

Alcohol sales in Nebraska are not controlled by the state. On-premise and off-premise sales are allowed from 6 AM to 1 AM, although you cannot purchase hard liquor on Sundays before noon. Omaha has repealed the Sunday hard alcohol law. All alcohol can be purchased in grocery stores.

Nevada

The state of Nevada does not control alcohol distribution, and there are very few laws beyond age restrictions. Stores can be open 24 hours a day, and liquor can be sold in grocery and convenience stores. Public intoxication is legal, and enacting local laws to change this is prohibited.

New Hampshire

Spirit sales are controlled by the state in New Hampshire. On-premise sales are allowed from 6 AM to 1 AM, and off-premise sales are permitted until 11:45 PM. Beer can be sold in grocery stores, but there is a 12% ABV cap for beer sold anywhere in the state. Liquor is sold in state-run stores, some of which are located along highway rest areas.

New Jersey

Alcohol sales in New Jersey are not controlled by the state. Hours of sale are regulated by each municipality. Beer and wine can occasionally be sold in grocery stores. There are some dry counties, particularly in the southern part of the state.

New Mexico

Alcohol sales in New Mexico are not state-controlled. On-premise sales are allowed from 7 AM to 2 AM, and off-premise sales are permitted until midnight, except on Sundays, when no sales are permitted. Stores can apply for on-premise and off-premise licenses to allow Sunday sales if their municipality allows it, but sales on Christmas are never permitted. Alcohol can be sold in grocery stores. Parents, legal guardians, and adult spouses are allowed to give minors alcohol within private property under their control.

New York

Alcohol sales in New York are not controlled by the state. On-premise sales are allowed from 8 AM to 4 AM. Off-premise beer sales are always available except from 3 to 8 AM on Sundays. Wine and spirits sales are from 9 AM to midnight Monday through Saturday and noon to 9 PM on Sunday. Beer can only be sold in supermarkets, and wine and spirits can only be purchased at liquor stores.

North Carolina

Spirits are controlled by the state in North Carolina. On-premise sales are allowed at any time except from 2 AM to 7 AM Monday through Saturday and 2 AM to noon on Sunday. Beer and wine can be sold in supermarkets, but only state-run stores can sell liquor from 11 AM to 9 PM Monday through Saturday. There is a 15% ABV limit on beer.

North Dakota

Alcohol sales in North Dakota are not controlled by the state. On-premise sales are allowed from 8 AM to 2 AM Monday through Saturday and noon to 2 AM on Sunday. Off-premise sales appear to be allowed until 2 AM. Sales are limited on Thanksgiving, Christmas, and Christmas Eve.

Ohio

Spirit sales are controlled by the state in Ohio. On-premise sales are permitted from 5:30 AM to 2:30 AM, and off-premise sales are allowed from 5:30 AM to 1 AM. Grocery stores can sell all forms of alcohol. The state licenses private businesses for a fee. There is a 12% ABV limit on beer.

Oklahoma

Alcohol sales in Oklahoma are not controlled by the state. On-premise sales are allowed from 6 AM to 2 AM, and off-premise sales are permitted from 10 AM to 9 PM. Only 3.2% beer can be sold in supermarkets, and any beer over 4% ABV can only be sold at room temperature in liquor stores, which are closed on Sundays and some holidays. As of 2007, stores are open on election days.

Oregon

Spirit sales are controlled by the state in Oregon. On-premise and off-premise sales are allowed from 7 AM to 2:30 AM, and beer and wine can be sold at supermarkets. Liquor is only available at state-run liquor stores.

Pennsylvania

Wine and spirits sales are controlled by the state in Pennsylvania. On-premise sales are allowed from 7 AM to 2 AM Monday through Saturday and 11 AM to 2 AM on Sunday with a special permit, and private clubs can sell until 3 AM if non-alcohol sales are at least 30%. Wine and spirits can only be purchased at state-run liquor stores, which operate from 9 AM to 10 PM Monday through Saturday and noon to 5 PM on Sunday. Liquor permits for events appear to be complex and limited.

Rhode Island

Alcohol sales in Rhode Island are not controlled by the state. On-premise sales are allowed until 2 AM, and off-premise sales are permitted from 9 AM to 10 PM Monday through Saturday and noon to 6 PM on Sunday. Alcohol can only be sold in liquor stores.

South Carolina

Alcohol sales in South Carolina are not controlled by the state. On-premise sales hours are controlled locally and vary. Beer and low-alcohol wine can be sold 24 hours a day, while liquor can be sold from 9 AM to 7 PM Monday through Saturday at liquor stores. There is a 17.5% ABV cap on beer and 16% on wine. No liquor sales are allowed on election day.

South Dakota

Alcohol sales in South Dakota are not controlled by the state. Alcohol sales are allowed in supermarkets. There is a 14% ABV limit on beer.

Tennessee

Alcohol sales in Tennessee are not controlled by the state. On-premise sales are allowed from 8 AM to 3 AM Monday through Saturday and 10 AM to 3 AM on Sunday. Off-premise sales are permitted from 8 AM to 11 PM, except on Sundays. Beer can be sold in supermarkets, and interestingly, open container laws only apply to the driver of a vehicle, not their passengers.

Texas

Alcohol sales in Texas are not controlled by the state. On-premise sales are allowed from 7 AM to midnight or 2 AM. Beer can be sold off-premise from 7 AM to midnight Monday through Friday, 7 AM to 1 AM on Saturday, and noon to midnight on Sunday. Hard liquor can be sold from 10 AM to 9 PM Monday through Saturday. Beer and wine can be sold in supermarkets. Alcohol above 15.5% ABV requires additional licensing, and on-premise beverages sold on Sunday between 10 AM and noon must be accompanied by food.

Utah

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Beer sales on Sundays

Beer sales laws vary from state to state in the US, and Sunday sales are often subject to different rules and limitations than weekday sales. Here is an overview of beer sales on Sundays in a few states:

Kansas

Kansas has some of the strictest alcohol laws in the US. The state had a long history of prohibition, lasting from 1881 to 1948, and continued to prohibit general on-premises liquor sales until 1987.

Currently, Kansas has one dry county where on-premises liquor sales are prohibited, but the sale of 3.2% beer is allowed. Beer sales on Sundays in Kansas are as follows:

• Off-premise locations (e.g., liquor stores): Beer can be sold from 9:00 a.m. to 8:00 p.m.
• On-premise locations (e.g., bars and restaurants): Beer can be sold from 9:00 a.m. to 2:00 a.m.
• Grocery stores and gas stations: Beer sales are allowed, but only for beer with an alcohol content of 6% or lower.

Texas

In Texas, Sunday beer and wine sales are now permitted starting at 10:00 a.m. Previously, sales were not allowed until noon. However, liquor sales are still not permitted on Sundays. Liquor can be purchased until 9:00 p.m. Monday through Saturday in Texas.

Other States

While the above provides an overview of beer sales on Sundays in Kansas and Texas, it's important to note that each state has its own unique set of alcohol regulations. For example, some other states with specific Sunday sales restrictions include Michigan, Oklahoma, Mississippi, and Utah. Additionally, only a few states offer statewide beer delivery options, including Delaware, Massachusetts, Montana, North Dakota, Ohio, Oregon, Vermont, and Virginia.

Frequently asked questions