Update: The ‘original package’ rule has been suspended by executive order.

ST. LOUIS – A pre-made margarita is illegal to sell curbside but selling the ingredients side-by-side is fine according to Missouri liquor laws.

It may not seem like a big difference but, according to Mission Taco co-found Adam Tilford, “Those are jobs. Those are absolutely jobs.”

Last month, Tilford said he got a call from the Missouri Division of Alcohol and Tobacco Control, “…saying we needed to stop selling margaritas to go.”

Tilford said he made $4,500 a day selling pre-batched margaritas until the liquor patrol’s phone call.

Splitting up the ingredients? He said he’s only made $857 a day.

“The price point is different,” Tilford said. “It’s really easy to grab a $20 quart of margarita and have a couple margaritas at home but try and spend $80 for an entire bottle and mix, it’s just not as easy for people to do right now.”

But what’s really the difference in splitting up the ingredients instead of selling it already made?

“That’s a great question,” Tilford said. “Yeah, I don’t know. I have no idea why that law is that way.”

Benjamin Brown, who owns Satchmo’s, said he’s trying to get Missouri leaders to change the law too.

“It’s too late for some. Some have shut down and may never be opening again,” he said. “What I’ve been trying to do is advocate for temporary waiver by way of executive order.”

That’s just what Eureka Mayor Sean Flowers did. So far, Eureka the only community we could find in Missouri that’s relaxing the liquor law. At least a half dozen states have temporarily waived their liquor rules.

Missouri’s alcohol enforcement, through the Department of Public Safety, told Fox 2 it’s not actively investigating anyone. However, they will call the businesses they receive complaints about. That’s what happened to Mission Taco.

“We got a call from ATC. They told us to stop. We can’t start selling again,” Tilford said. “I mean, we just can’t do it, even if they say they’re not enforcing it or sending out cease and desist or warning letters. I can’t take that chance because I don’t want to risk my liquor license when this is all said and done.”

That means a very uneven playing field because there are many places offering drive through drinks with alcohol. They just haven’t been reported to the state like Mission Taco was reported by someone.

Satchmo’s Benjamin Brown started a petition to get the rule changed in Missouri.

Watch our extended interview with Brown about why he says a rule change is so important.

Update: The rule has been suspended

This rule was just changed, effective immediately (until May 15th). https://t.co/uH4x8rOVdN pic.twitter.com/lNVcWh1LJk — Chris Hayes (@ChrisHayesTV) April 14, 2020