Governor Shapiro recently signed into law Act 57 of 2024 and Act 86 of 2024, implementing various changes to the Pennsylvania Liquor Code which were heavily supported by the hospitality industry. Two of the most notable amendments are the increase in the duration of "happy hours" and the expansion of the sale of ready-to-drink cocktails ("RTDC" or "RTDCs).
Extension of "Happy Hour" Duration
The number of hours a bar/restaurant can have happy hour has nearly doubled from 14 to 24 hours. The 4-hour limitation per day remains, so a retail license holder could hold happy hour 6 days a week for 4 hours per day. Retail license holders can also provide up to 2 discounted food and drink offerings each day. In addition, retail licensees may offer up to two food and drink combination specials each day. Examples provided by PLCB of this food and drink combination specials were a beer with the purchase of wings, or a glass of wine with a steak dinner, for a price that is less than if the items were purchased separately.
There are also additional changes under Act 57 beyond happy hour. For example, the operating hours for breweries, limited distilleries and distilleries have been extended until 2:00 a.m. on New Year's Eve (December 31) and New Year's Day (January 1). These types of establishments may also obtain an extended hours permit which will allow the business to remain open and sell alcohol until 2:00 a.m. the next day. Changes under Act 57 become effective September 13, 2024.
Sale of Ready-to-Drink Cocktails Expanded
The new Pennsylvania law also allows the sale of RTDCs, commonly referred to as canned cocktails, by retail license holders and distributors through a permit. A RTDC is defined as "pre-mixed drinks made from distilled liquor and other nonalcoholic liquids, packaged by the manufacturer in containers of up to 16 ounces" and have "alcohol by volume in the range of 0.5% to 12.5%."
A ready-to-drink cocktail permit holder must have a "transaction scan device" to verify the age of someone buying a canned cocktail who appears to be under thirty-five years of age. The initial application fee is $2,500 for the canned cocktail permit, and the permit is subject to renewal fees. Any license holder who obtains the permit to sell canned cocktails must be RAMP certified, which requires:
- completion of owner/manager training,
- completion of server/seller training,
- orientation of new employees and
- display of responsible alcohol service signage.
First-time enrollees to RAMP owner/manager training must attend owner/manager training in-person. There are also limitations on what days of the week and how late certain license holders may sell canned cocktails. The changes to RTDCs become effective September 16, 2024.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.