Henderson considers allowing restaurants to sell alcohol to go, for delivery

Restaurant industry and business leaders asked the city of Henderson on Tuesday to consider allowing establishments to sell alcoholic beverages to go or for delivery.

Las Vegas Distillery owner Robert Saucier and representatives of the Nevada Restaurant Association and the Henderson Chamber of Commerce were among those who urged City Council members to include language allowing to-go and delivery sales of alcoholic drinks in a proposed ordinance that, if passed, would make sweeping changes to the city’s liquor regulations.

Their request comes after Gov. Joe Lombardo last year signed Assembly Bill 375 into law. The measure allows local governments to set rules for restaurants to sell and deliver sealed alcoholic beverages for off-site consumption.

Many restaurants reaching a ‘boiling point’

Peter Saba of the Nevada Restaurant Association told Council members that allowing restaurants to deliver and sell alcohol for takeaway would provide important relief to struggling establishments.

He added in written testimony that Henderson restaurateurs could see upward of $28 million in new revenue annually, which would provide roughly $2.3 million in new sales taxes and an estimated $1.9 million annually in tips to servers and delivery drivers.

“Local and tourist favorites are closing every week,” Saba said. “Locations that survived the 2008 recession and the COVID shutdowns are now reaching a boiling point as already thin profit margins continue to shrink. Many are concluding they can no longer survive.”

Council members voted 4-0 to approve a business impact statement, required under state law before a governing body adopts changes that could impose a “direct and significant economic burden on businesses,” according to the city’s website. The draft ordinance could be considered for adoption as soon as the City Council’s Oct. 6 meeting.

As currently written, the proposed ordinance would update alcohol definitions and licensing fees and create new license types and rules for restaurants and bars, brew pubs and grocery stores, according to backup documents attached to Tuesday’s agenda. Among other changes, the proposal would also clarify rules for alcohol storage, open containers and self-service of beer and wine.

The city’s impact statement said the proposed changes are intended to align Henderson’s regulations with national business practices in the liquor industry. Mike Cathcart, the city’s business operations manager, said at the meeting the changes authorized under AB 375 are not yet reflected in the draft ordinance, but could be included by the time the proposal comes to a vote.

“We will go back as staff now and add that provision, if that is the wish of council,” Cathcart said. “And it will be part of the draft when we bring it forward.”

A Henderson spokesperson said in a statement Wednesday that the city would consider adding language consistent with AB 375 to the draft ordinance.

Las Vegas passes ordinance

On Sept. 2, the Las Vegas City Council unanimously approved an ordinance allowing restaurants with liquor licenses to sell alcoholic beverages to go. The drinks must be ordered in connection with a meal and sold in sealed containers.

Saucier said at Tuesday’s meeting that, unlike the city of Las Vegas, Henderson should not require a meal to be ordered with to-go alcohol sales.

“That was never contemplated in Carson City when the law was passed and I don’t think it’s necessary,” Saucier said.

Saucier added that many states have adopted to-go alcohol regulations to help reduce drunken driving.

“If people are at home and they want to consume alcohol, it’s better for them to receive their alcohol at home versus get in their car, go to an establishment, drink, and then drive,” Saucier said.