Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to pass a bill that amends the state liquor code and establishes an emergency provision authorizing licensed restaurants to sell to-go containers of alcoholic beverages.

Highlights:

• Defines “prepared beverage and mixed drink” as a sealed container of between 4 fluid and 64 fluid ounces in a single transaction that holds spirits and mixers that are combined on a licensed premise (Sec. 1).

• Defines “sealed container” as a packaged container with a secure lid or cap designed to prevent consumption without removal of the lid or cap such as a lid with sipping holes or opening for straws must be covered or affixed with an additional seal before its sale (Sec. 1).

• Authorizes individuals holding and possessing a valid restaurant or hotel liquor license that lost more than 25 percent of their average monthly total sales, including alcohol sales, as a result of the restrictions imposed during the COVID-19 disaster emergency, to sell prepared beverages and mixed drinks for off-premises consumption where meals prepared for pick-up or curbside pick-up are also available (Sec. 2).

• Prohibits the sale of prepared beverages and mixed drinks for off-premises consumption from taking place after 11:00 P.M. until the next business day, including Sundays if the licensee has a permit (Sec. 2).

• Prohibits the following individuals from selling prepared beverages and mixed drinks for off-premises consumption under this act (Sec. 2):

• A licensee whose underlying license is subject to a pending objection by the director of the Bureau of Licensing or the board until the matter is decided; or

• A licensee whose underlying license has been suspended under the fiscal code.

• Requires, within 60 days of this act’s effective date, a licensee selling prepared beverages and mixed drinks for off-premises consumption to begin utilizing a transaction scan device to verify the age of individuals who appear to be under the age of 35 before making a sale (Sec. 2).

• Prohibits a licensee from selling or sharing consumers’ personal data from the use of a transaction scan device (Sec. 2).

• Specifies that a licensee selling prepared beverages and mixed drinks for off-premises consumption may only do so during the COVID-19 disaster emergency and during the mitigation period after the termination of the disaster emergency in which a licensee is operating at less than 60 percent capacity (Sec. 2).

• Authorizes a licensee to sell liquor to another licensee qualified to sell prepared beverages and mixed drinks under this act and notify to the board in writing of the name of the licensee and identifying any product sold as well as a description of the liquor, including brand names, sizes, and numbers of containers sold (Sec. 2).

• Specifies that the aforementioned provision shall only occur during the COVID-19 disaster emergency and during the mitigation period after the termination of the disaster emergency (Sec. 2).

• Defines “COVID-19 disaster emergency” as the proclamation of disaster emergency issued by the Governor on March 6, 2020 (Sec. 2).

• Defines “licensee” as the individual holding and possessing a valid restaurant or hotel liquor license authorized to sell prepared beverages or mixed drinks for off-premise consumption (Sec. 2).

• Defines “transaction scan device” as a device capable of deciphering, in an electronically readable format, the information encoded on the magnetic strip, chip, or barcode of an identification card (Sec. 2).

Full Bill Text