Gov. Mikie Sherrill signed legislation Friday that makes permanent a COVID-related law that has temporarily allowed licensed restaurants and craft beverage retailers to sell alcoholic beverages and mixed cocktails to takeout and delivery customers.
“Cocktails to go are officially here to stay,” Sherrill said at the bill signing ceremony at the 618 Restaurant in Freehold, which is famous for its specialty cocktails with dry ice visual effects that are served in unique presentations, including miniature Ferris wheels and treasure chests.
The law allows retail consumption licensees to sell mixed cocktails in closed and sealed containers for off-premises consumption. Holders of craft distillery licenses are also permitted to sell and deliver their products for off-premises consumption under select conditions.
Cocktails to go were first permitted under a 2020 law enacted as a lifeline for the hospitality industry during the pandemic. That temporary authorization was set to expire on Sept. 1.
“Cocktails to-go worked; customers liked it, and small businesses told us it was another way to bring in revenue,” Sherrill said. “Today, we’re making it permanent.”
According to the National Restaurant Association, in states where alcohol-to-go is permitted: 79% of wine drinkers, 77% of beer drinkers, and 74% of cocktail drinkers were more likely to choose a restaurant for delivery based on ability to order cocktails to-go, illustrating the economic potential for New Jersey small businesses.
Matt Borowski, owner of the 618 Restaurant, said the law will give family-owned businesses, such as his, the ability to broaden their name recognition and generate additional revenue.
“Giving our guests an opportunity to bring a piece of our brand home with them is priceless,” Borowski said.
The bipartisan legislation, S-4384, was sponsored by Sen Vin Gopal (D-11), Sen. Declan O’Scanlon (R-13), Assemblywoman Luanne M. Peterpaul (D-11) and Assemblywoman Rosaura Bagolie (D-27), who were all gathered at 618 Restaurant for the bill signing ceremony.
“Cocktails to-go helped restaurants and bars keep business moving during the pandemic, and they have continued to be a convenient option for customers,” said Senator Gopal. “Making this permanent gives our hospitality businesses another way to serve their customers and generate revenue while keeping commonsense safeguards in place for the sale and delivery of alcohol.”
“During the pandemic, this commonsense policy helped restaurants survive one of the toughest periods in their industry's history,” O’Scanlon said. “I'm proud that the flexibility we gave these businesses will now be permanently available to them with the signing of this law."
Specifically, the legislation permanently codifies the temporary provisions of the 2020 law and allows businesses, such as restaurants, hotels, and bars, with retail consumption licenses to:
- Sell on-premises for off-premises consumption any alcoholic beverage in original containers, or mixed alcoholic beverages in closed and sealed containers.
- Deliver to consumers for off-premises consumption: mixed alcoholic beverages in closed and sealed containers, or malted beverages (beer, hard seltzers, etc.), in original, sealed containers. Delivery can be made by the licensed entity or licensed third-party delivery services.
The legislation also permits craft distillery licensees to:
- Sell on-premises for on-premises consumption mixed drinks using distilled alcoholic beverages that are manufactured on the licensed premises.
- Sell on the licensed premises for off-premises consumption mixed drinks using distilled alcoholic beverages that are manufactured on the licensed premises in containers with a tamper-evident seal; distilled alcoholic beverages that are manufactured on the licensed premises in original containers and accompanied by nonalcoholic beverages or foodstuffs that may be combined by consumers to make a mixed drink.
Photo caption: (L-R) NJ Restaurant & Hospitality Association Executive Board Chair and NJBIA Trustee Denise Beckson; Sen. Declan O'Scanlon (R-13); Assemblywoman Rosaura Bagolie (D-27), Assemblywoman Luanne Peterpaul (D-11); Gov. Mikie Sherrill; 618 Restaurant owner Matt Borowski; NJ Restaurant & Hospitality Association President & CEO Daniel Klim; and Sen. Vin Gopal (D-11). – Photo credit: Althea D. Ford.
