On May 21, 2020, Governor Tom Wolf of the Commonwealth of Pennsylvania signed into law Act 21 of 2020, which allows certain hotel and restaurant licensees to temporarily sell prepared beverages and mixed drinks to go, effective immediately.
Entities Covered By Act 21
- Hotel and restaurant licensees that have lost at least 25% of average monthly sales due to COVID-19 business restrictions, and offer meals to go.
Summary of Act 21
- Prepared beverages and mixed drinks that include liquor and one mixer combined on the licensed premises may be sold to consumers in quantities between four and 64 ounces.
- These types of beverages are prohibited “to go”:
- Mixed drinks containing wine or beer
- Unopened bottles of liquor
- Gallon jugs of cocktails
- Unopened ready-to-drink prepackaged cocktails
- Straight liquor
- “To go” drinks cannot be consumed on the licensee’s premises and must be sold in sealed containers with secured lids or caps.
- “To go” drinks can be sold from 7:00 AM to 11:00 PM, Monday through Saturday, and from 9:00 AM to 11:00 PM on Sundays, if the licensee has a Sunday sales permit.
- There is no limit to the number of “to go” drinks a person can purchase at one time, and the purchase of a meal is not required.
- “To go” drinks may not be delivered.
- Within the next 60 days, licensees selling “to go” drinks must use a transaction scan device to verify the age of anyone appearing under 35.
- Warning signs reminding customers it is illegal to have an open container of alcohol in a vehicle and that “to go” drinks must be transported in the trunk of a vehicle or another area not occupied by the driver or passengers.
Entities Prohibited from Selling “To Go” Drinks
- Clubs and catering clubs;
- Any licensee whose license was objected to through the Nuisance Bar program
- Any licensee whose license is suspended or in safekeeping
- Any licensee previously suspended under the Licensee Compliance program
If you need assistance understanding the Act 21 regulation, or any help issues pertaining to the PA Liquor Control Board, please contact Thomas J. Schlegel for assistance.