Cocktails To-Go May Be Here to Stay

A pair of new laws being pushed for in the NJ state Senate by Senators Greenstein (D -Mercer/Middlesex) and Gopal (D - Monmouth) aims to make to-go cocktails permanent and legal for the foreseeable future.

The laws would permanently allow certain alcoholic beverage retailers to expand their business practices by delivering alcoholic beverages to customers’ homes.

A temporary law allowing alcoholic beverage delivery and “to-go cocktails” was enacted during the height of the COVID-19 pandemic. These “to-go cocktails” became widely popular for both Morristown customers and business owners.

Greenstein and Gopal want to make this temporary law permanent for retail licenses and craft distillery licenses allowing them to continue offering to-go and delivery for alcoholic beverages.

“Making to-go cocktails a permanent staple in the New Jersey food and beverage industry will assist restaurants with long-term stability while also allowing them to recover from pandemic limitations,” said Gopal. “Such innovations reflect the business models adopted by some establishments in the wake of the pandemic.”

Under the new proposed laws, mixed drinks would be sold in closed and sealed containers fixed with a tamper-evident seal and will hold no more than 16 fluid ounces. Any other alcoholic beverage may be sold and delivered in its original container and size.

“Given that some residents remain hesitant about returning to their favorite restaurant or bar in person, this bill represents a common-sense measure that reflects a form of new normalcy for some businesses, and one more way for these establishments to attract patrons and remain viable,” said Greenstein. “Both restaurants and customers will greatly benefit from this bill.”

One of the two proposed bills regulates the operation of pedicabs and the consumption of alcoholic beverages in them.

Under the new bill, a pedicab would be able to operate, and alcoholic beverages consumed by passengers if:

• It has been authorized to operate by ordinance of its municipality
• The operator is 21 years or older and possesses a valid driver’s license
• The vehicle is equipped with seatbelts, brakes, reflectors, headlights, and grab rails
• The owner of the pedicab maintains general liability insurance of a minimum of $500,000
• The owner of the pedicab does not exceed 30 MPH

This bill aligns New Jersey pedicab and alcohol consumption laws with other states such as California, North Carolina, and Louisiana, all of which allow alcohol consumption onboard a pedicab.

“By designating certain areas for individuals aged 21 and over to drink outdoors, we can ease law enforcement challenges, while allowing local establishments to expand their business, and also foster opportunities for new businesses like pedicabs to grow and prosper,” added Gopal.

Current law does not permit passengers of a pedicab to drink alcohol while riding. If passed, these bills would change that and permanently legalize the popular “to-go cocktails” for the foreseeable future.

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