Harrisburg, Pa. — The Pennsylvania Liquor Control Board (PLCB) has pledged its commitment to successfully implement new liquor reforms after the General Assembly approved Acts 57 and 86 of 2024. These two new laws concern selling to-go ready-to-drink cocktails and the extension of Happy Hours.
Ready-to-drink cocktail permits and rules
A new ready-to-drink cocktail (RTDC) permit will authorize permittees to sell spirits-based cocktails ranging from 0.5% alcohol beverage by volume (ABV) to 12.5% ABV in original containers up to 16 ounces to-go.
The new permits will be available to retail liquor licensees eligible for wine expanded permits (restaurants, hotels, supermarkets, convenience stores, etc.) and to distributors and importing distributors of brewed and malt beverages, all of which must be certified in the Responsible Alcohol Management Program.
Highlights of the new law include:
Retail RTDC permit holders (not distributors/importing distributors) will be able to sell RTDC to go in quantities up to 192 fluid ounces per transaction, and that allowance is in addition to up to 192 fluid ounces of brewed or malt beverages and up to 3 liters of wine per transaction. All three can be maxed out in a single sale, but only to retail customers (not licensees).
Distributors and importing distributors will be able to offer samples of RTDC and sell RTDC in any quantities to retail customers, but not to licensees. They will also remain prohibited from selling wine or other forms of spirits.
The PLCB currently has a catalogue of more than 100 RTDCs, but RTDC permit holders are not allowed to procure RTDC through Special Order for sales for on-premises or off-premises consumption. The PLCB will also entertain permittees’ requests to bring new RTDCs into the market if suppliers are willing to make them available through regular product listing processes.
Pennsylvania licensed manufacturers producing RTDC may sell them directly to retail customers and permit holders, in any quantities, at prices equivalent to or more than what the PLCB charges, if the PLCB carries the same or substantially similar products.
The new RTDC permits, applications, and regulatory processes are still under development. Application openings will be announced when available.
Act 86 of 2024 becomes effective Sept. 16. PLCB’s full summary of the Act is available here.
Happy Hour extensions and discounts
Becoming effective Sept. 13, this Act will extend Happy Hour for qualifying retail liquor licensees from a maximum of 14 hours per week to 24 hours per week.
Quantity or case discounts are allowed as follows:
Distributors and importing distributors can offer case discounts to licensees and retail customers.
Limited wineries can offer case discounts only to retail (non-licensee) customers.
The PLCB’s authority to issue immediate operating authority for outdoor temporary extensions of premises, which was set to expire Dec. 31, is now permanent. Outdoor temporary extensions can be renewed at the end of validation and renewal periods, with submission of an application and filing fee.
Pennsylvania breweries, limited distilleries, and distilleries can now stay open until 2 a.m. on New Year’s Day. Previously they were required to close at 11 p.m. or midnight, depending on the day of the week. They can also pay $50 to stay open until 2 a.m. one additional day each year, with advance notice to police.
Clubs now have their licenses treated like other licenses (restaurant, hotel, distributor, etc.) for purposes of safekeeping, and they can use an extended hours food permit as often as they want.
The PLCB can offer additional financial incentive for large-volume licensees selling wine and RTDCs to obtain product from the PLCB by dropping trailers at the PLCB’s distribution centers for fulfillment, rather than requiring PLCB delivery. Trailer-drop fulfillment to licensees is currently free, and trailer-drop credits of 75 cents per case or $1.25 per case, depending on order build, will go into effect Sept. 16.
PLCB’s full summary of Act 57 is available here.
