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Act 70 "To Go" Beverage FAQs

July 27, 2021

Can “to go” beverage containers contain more than one drink?
Yes. However, the containers must be clearly labeled with a “contains alcohol” statement, ingredient list, serving size and number of servings. When taking the “to go” order, you should ask how many people are being served in the order. No more than 2 alcoholic beverages are permitted per person per order. A serving size of spirituous liquor or spirits-based drink may not contain more than 4 fluid ounces of spirits. A serving size of malt beverage may not contain more than 32 ounces.

What constitutes a tamper evident seal?
A tamper evident seal consists of a seal that must be “broken” to remove the lid from the beverage and cannot be easily removed/replaced. It should be easy to determine by visual inspection if the seal has been broken. Examples of such seals would be non-transparent tape or stickers that are adhered to both the lid and the beverage container.

What constitutes a “food order?”
A food order is food prepared on the licensed premises.

Are 64-ounce growlers acceptable as a “to go” beverage?
Yes. 64-ounce growlers are acceptable as “to go” beverages.

What needs to be on the label of “to go” beverages?
The label must include the phrase “contains alcohol,” the serving size, the number of servings and a list of ingredients. Ingredients do not need to list specific brands of liquor. Ingredients also do not need to list sub-ingredients. For example, “sour mix” is acceptable as an ingredient. The individual components of the sour mix do not need to be listed.

Can food ordered with a “to go” beverage be consumed at the licensee location?
Yes. If the food was ordered on the same receipt as the “to go” beverage, the food can be consumed at the licensee location. However, the “to go” beverage cannot be consumed at the licensee location.

Is curbside pickup allowed?
Yes. Curbside pickup is allowed for 1st, 2nd, 3rd and 4th class licensees between the hours of 10AM - 11PM.