September 23, 2020

Volume X, Number 267

September 23, 2020

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September 21, 2020

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Drinks to Go?

Pennsylvania bars and restaurants will likely be able to sell cocktails for takeout very soon. Perhaps in time for the Memorial Day Weekend.

In advance of Gov. Tom Wolf’s expected approval, bartenders are getting ready to sell drinks to go this holiday weekend. Pennsylvania’s cocktail-to-go rule is intended as temporary, extending only until businesses are able to reach 60% of seating capacity. This rule applies to licensees with a restaurant or hotel license that have lost more than 25% of average monthly sales during the pandemic. It also allows them to serve sealed containers of mixed drinks in servings of 4 to 64 ounces before 11 p.m. It is important to note that drinks may not be delivered.

Last week, New Jersey approved similar legislation, allowing bars to sell cocktails of up to a pint for takeout or delivery.

Of course, Pennsylvania’s Dram Shop Law will still apply. If any bartender gives alcohol to a visibly intoxicated person, that business may be legally held responsible for injuries and damages the intoxicated individual might cause. PA’s Dram Shop law is often cited after a drunk driver causes a car crash. This law also applies if a restaurant serves a visibly intoxicated person and that person trips, falls, or gets seriously injured while walking back to their car – that person can also sue.

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume X, Number 142


About this Author

R. Tyler Tomlinson, Stark Law, Accidents and Personal Injury Lawyer, Products Liability Attorney

Tyler Tomlinson is a Shareholder and member of the Accident & Personal Injury Group of Stark & Stark. Mr. Tomlinson concentrates his practice in wrongful death cases and has recently handled several high profile cases in Pennsylvania. Mr. Tomlinson has extensive experience handling personal injury cases such as automobile accidents and slip and fall cases for plaintiffs. Mr. Tomlinson was recently appointed by the President Judge of Philadelphia County to serve as a Judge Pro Tem to assist the courts in resolving civil litigations in the area of personal injury...