In their zeal to provide as much alcohol as you need to get through social distancing, Tennessee restaurants and bars are being reprimanded for violating Gov. Bill Lee's executive order temporarily allowing curbside and delivery alcohol sales during the coronavirus pandemic.

The Tennessee Alcoholic Beverage Commission has contacted more than 300 establishments violating the executive order, according to director of legislation, policy and communication Aaron Rummage.

The most frequent infraction is exceeding the legal serving size. That's 16 ounces of beer, nine ounces of wine or four ounces of spirits and no more than 16 ounces of total liquid.

Pivoting to follow the rules

Cesar Ruiz, owner of Cancun Mexican Grill & Cantina in South Knoxville, had been selling 16-, 32-ounce and gallon margaritas in an effort to meet customer's desires and pay his bills. TABC called March 30 directing him to serve only 16-ounce drinks.

Ruiz bought about 500 16-ounce Styrofoam cups later that week.

Friday afternoon, he got a form email from the Knox County Health Department providing guidance on ways establishments could be violating the Tennessee Code or Executive Order 17, including the use of plastic or Styrofoam cups with a plastic lid, which "does not meet the requirements of a secure lid or cap, and would be in violation of Tennessee's Open Container Law."

KCHD later sent out a clarifying email to businesses, a spokesperson said Thursday. The clarification stated that "an acceptable lid does not have an access point or a lid that has any access point must be sealed or taped." KCHD is not a regulatory body for

TABC had not told Ruiz he could not use Styrofoam cups, but the executive order does state that alcohol must be packaged in a container with a secure lid in a manner to prevent consumption without removal of the lid. Lids with "access points" can be taped or sealed shut.

Margarita sales had helped Ruiz bring back a few employees he had let go when sales began to plummet at the beginning of the outbreak, so he needed to pivot quickly.

By 4 p.m. he had purchased aluminum cans, borrowed a canning machine and canned 800 margaritas by 1 a.m. Saturday. He sold those in four days and has already canned several hundred more.

"That was just a quick idea I had, I didn't think it was going to work, but a lot of breweries are sitting on cans right now, so one guy sold me about 1,000 and we've already ran through those," Ruiz said.

Ruiz texted with several other restaurant owners who had been selling gallons and had gotten calls from a TABC agent.

"He was nice about it," Ruiz said. "He gave us some time to adapt and change."

State is scanning social media

TABC agents are investigating complaints, scanning social media and conducting patrols to ensure compliance, according to Rummage.

An agent's first contact with an establishment is to educate. The state "expects all licensees to comply immediately" with the executive orders. Continued violations could result in fines, suspension, or even criminal charges.

Rummage said less than 10 establishments have been contacted a second time.

The executive order dictates that alcohol can only be sold with the purchase of food. TABC clarified in late March that bottles of beer and wine were acceptable but distilled spirits must be sold in single servings.

A state document updated April 1 addresses more details for restaurant and bar owners in relation to Executive Orders 17, 21 and 22.

No alcohol can be consumed on premises, including outdoor seating areas, parking lots or sidewalks.

Multi-serving containers such as pitchers, half-gallons or gallons of mixed drinks are prohibited.

Bottles of spirits may not be sold.

Lids of containers cannot have an "access point" or must be sealed or taped shut.

The order does not allow hotels or caterers to participate in alcohol sales.

Establishments do not need additional permits, licenses or permission to deliver.

The executive order supersedes local ordinances that prohibit alcohol delivery.

Establishments cannot sell delivery or carryout alcohol after April 14 unless a new executive order authorizes it.

Email Brenna McDermott at brenna.mcdermott@knoxnews.com and follow her on Twitter @_BrennaMcD. If you enjoy Brenna's coverage, support strong local journalism by subscribing for full access to all our content on every platform.