The groundhog says spring is just around the corner, and we are inching closer to the warm weather and cold drinks of summer. When temperatures rise, there is no better relief than an icy beverage. Some may already be familiar with the reimagining of the iconic slushie, a sugary staple sold at convenience stores, as an adult beverage that has become hugely popular in Pennsylvania. Perhaps you have seen or tried one of these spiked slushies at a winery or purchased one at a beer distributor. Consumers take for granted that there are intricate state regulations that govern the sale of these tasty treats, but in a control state like Pennsylvania, those individuals and businesses with liquor licenses must pay close attention to the rules. In this article, using commentary from the Pennsylvania Liquor Control Board’s (PLCB) advisory notices and advisory opinions, we will examine different types of Pennsylvania liquor licensees and their ability to create, serve and sell alcoholic slushies.
Most wineries in Pennsylvania are licensed under the PLCB as “limited wineries.” Under state law, a limited winery is a winery that produces less than 200,000 gallons per year of alcoholic ciders, wine or wine coolers. Limited wineries may sell food, wine and alcoholic ciders by the glass or bottle, as well as wine accessories. They may also sell malt or brewed beverages produced by a licensed brewery, liquor produced by limited distilleries and wines produced by other limited wineries for on-premises consumption. Only glasses of wine or cider produced by the winery itself may be removed from the licensed premises. Limited wineries are thus permitted to sell wine slushies made in-house for off-premises consumption. However, the winery must adhere to any local ordinances related to open containers of alcohol.
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