Pa. Senate passes bill to legalize cocktails-to-go, sends to House with modifications

Cocktails-to-go are one step closer to becoming a permanent part of Pennsylvania’s bar, restaurant and hotel scene.

On Wednesday, the Senate passed legislation to make permanent the sale of mixed drinks-to-go by restaurant or hotel licensees for off-premises consumption. Originally, cocktails-to-go was a temporary measure allowed during the covid-19 disaster declaration.

But now the Senate has another provision to House Bill 1154 that allows for Ready-to-Drink cocktails, or RTDs, to be sold by restaurants, grocery stores, convenience stores, and beer distributors, for off-premises consumption.

That change will require the bill to go back to the House for approval before it goes to Gov. Tom Wolf’s desk. The governor his indicated he will sign the bill.

“These cocktails are not to be confused with mixed drinks to-go, which are made by bartenders in a restaurant and put in a to-go cup for consumers,” said Sen. Mike Regan, R-Cumberland/York, chairman of the Senate Law and Justice Committee. “RTD’s are manufactured and sold in sealed containers with a known ingredient list and alcohol content.”

The total maximum alcohol by volume content allowed for sale under the legislation is 12.5%. Container size would be limited to 16 ounces with a maximum total sale for off-premises consumption of 192 fluid ounces.

Originally, mixed drinks to-go was a temporary measure allowed during the covid-19 disaster declaration. A bar or restaurant owner that chooses to sell mixed drinks to-go is required to display a sign that the drink is to be transported in an area, such as the trunk of the car, where the driver cannot have access to it.

“This bill will allow Pennsylvania employers to continue rebuilding and growing in the wake of the pandemic,” said Regan.

Sen. Majority Leader Kim Ward, R-Westmoreland, said by advancing the measure, the Senate is sending a strong signal that the Commonwealth is moving toward normalcy.

“The bill will help jump start the economy by giving consumers convenience in spirit beverage choice, encourages bars, restaurants, and taverns to be open for business, and expands opportunities for small businesses,” said Ward. “Additionally, profits from consumers could result in the generation of more than $45 million in revenue for the Commonwealth over the next five years.”