Ready-to-Drink Cocktail Permits: Ready to Go in Pennsylvania
I’m sure you’ve heard by now that Ready-to-Drink Cocktail Permits (“RTDC permits”) are coming to Pennsylvania, as almost all the Pennsylvania Liquor Control Board’s (PLCB) recent advisory opinions have been about this topic. The wait is finally over, and the application has arrived on PLCB+, the PLCB’s online licensing platform.
Starting Tuesday, Aug. 27, 2024, beer distributors and businesses with retail liquor licenses will be able to apply for the authority to sell ready-to-drink cocktails. If approved, businesses throughout the state could start selling these beverages as soon as next month.
On Monday, the PLCB announced it would begin accepting RTDC permit applications from "retail liquor licensees and distributors and importing distributors of malt and brewed beverages." This development is part of Pennsylvania's broader effort to modernize its liquor laws, which already has included significant reforms such as the introduction of the wine expanded permit and the extension of operating hours for New Year’s Eve. These changes reflect the state’s ongoing commitment to enhancing consumer convenience while maintaining robust regulatory oversight.
Permit Scope and Eligibility
The new RTDC permit allows holders to sell spirits-based cocktails with an alcohol content ranging from 0.5% to 12.5% ABV, in original containers up to 16 ounces, for off-premises consumption. These permits are available to retail liquor licensees eligible for wine expanded permits, including restaurants, hotels, supermarkets, and convenience stores, as well as to distributors and importing distributors of malt and brewed beverages.
Retail RTDC permit holders can sell up to 192 fluid ounces of these cocktails per transaction, in addition to the limits for brewed or malt beverages and wine. Distributors and importing distributors are also permitted to offer samples and sell RTDCs in any quantity to retail customers, though they cannot sell to licensees or offer wine and other spirits. For Pennsylvania licensed manufacturers producing RTDCs, the law allows direct sales to retail customers and permit holders in any quantity, at prices equal to or greater than what the PLCB charges if the same or similar products are available.
RAMP Training Requirements
A critical component of the new RTDC permit is the mandatory Responsible Alcohol Management Program (RAMP) certification for all license holders. This requirement underscores the state’s commitment to responsible alcohol service. To comply, permit holders must complete steps including in-person owner/manager training for first-time enrollees, server/seller training for all employees involved in alcohol sales, and orientation for new employees. Additionally, establishments must prominently display responsible alcohol service signage and use a transaction scan device to verify the age of customers appearing to be under 35 who are purchasing RTDCs.
Because there will some many new licensees applying for the new RTDC permits, we expect RAMP training will be backed up so please schedule immediately.
Application Process and Fees
The application for the RTDC permit is now available on . The fee is $2,500 per establishment, with an annual renewal fee required. While the PLCB is accepting applications starting today, the permits won’t become effective until Sept. 16, 2024, when the new law officially takes effect. Before then, the PLCB expects to review and process hundreds to thousands of applications, aiming to grant authority for early-qualifying applicants to begin sales on day one. Get your application in quickly, as thousands are expected to be submitted, and be patient and understanding as agents process these brand-new applications.
For information about national and state liquor law matters or general manufacturing and distribution advice, please contact our Liquor Law, Licensing, Manufacturing, and Distribution Practice Group: Liquor Law Department Chair Theodore J. Zeller III, Esquire; David C. Berger, Esquire, for Pennsylvania and New Jersey retail and manufacturing licensing; Anthony M. Brichta, Esquire, for federal manufacturing, distribution, formula, and labeling issues; or contact our office at (610) 391-1800.