SECTION 1. (a) Notwithstanding any general or special law to the contrary, any on-premises consumption licensee under section 12 of chapter 138 may sell for off-premises consumption, at not less than the licensee’s listed menu price or wholesale price, whichever is greater, unopened containers of wine, malt beverages and spirits when accompanying prepared food take-out and delivery orders. Such licensees shall submit written confirmation of their intent to engage in the provisions of this section to local law enforcement and the alcoholic beverages control commission, and shall maintain records available for inspection of all such take-out and delivery sales of wine, malt beverages and spirits.

(b) Deliveries of wine, malt beverages and spirits accompanying prepared food orders pursuant to subsection (a) shall be made by the licensee or a TIPS-certified employee of the licensee during the licensee’s regular on-premises hours of operation as determined notwithstanding the Governor’s Executive Order issued on March 15, 2020, to an individual residing at the delivery premises who has appropriate identification for age verification. The licensee or employee making the delivery shall have in their possession in the delivery vehicle a copy of the restaurant license and a delivery invoice showing the quantity, type, origin and destination of the order being delivered. No order of wine, malt beverages or spirits shall be invoiced or delivered to a person under 21 years of age. The licensee or employee making the delivery shall verify the age of the person invoiced and to whom the order is delivered pursuant to the provisions and subject to the penalties of section 34 of said chapter 138, and may refuse delivery if age verification is not met.

(c) Such licensees shall otherwise be subject to all of said chapter 138.

SECTION 2. This Act shall take effect upon its passage.

SECTION 3. This Act shall sunset upon the earlier of (i) the termination or rescission of the Governor's Executive Order issued on March 15, 2020, including extensions thereof, or (ii) such time as the emergency declaration issued by the Governor dated March 10, 2020, and designated as Executive Order Number 591, is rescinded by the Governor.