Legislative Update: Indiana Bill Proposes Cold Beer Sales; New Jersey Allows Towns to Designate Open Container Areas

Indiana Cold Beer Bill Returns

A bill in Indiana would remove restrictions on some off-premise retailers that prohibit them from selling cold beer.

The bill, written by state Sen. Philip Boots, proposes removing a sentence from the state’s alcohol and tobacco code that states that “a grocery store, convenience store, or drug store should not be given the privilege of selling cold beer for carryout.”

Senate Bill 75, which would also remove references to beer temperature in the code governing off-premise retail transactions, was read on January 4 and referred to the state Senate’s committee on public policy. Boots introduced a similar bill last year, but it was not adopted, according to WIBQ.

In the Hoosier State, only liquor stores and some restaurants are permitted to sell cold beer to-go, according to WTWO.

New Jersey Gives Municipalities Power to Designate Open Container Areas

Towns in New Jersey are now allowed to designate areas where legal drinking age people can drink alcoholic beverages, according to NorthJersey.com.

Earlier this week, Gov. Phil Murphy signed the bill into law, which permits municipal governments to designate outdoor spaces where open containers of beer, wine or spirits can be consumed. Municipalities can also designate an entire town to be such an area.

In 2020, Atlantic City permitted open containers in certain areas of its famous boardwalk and other business districts through a temporary executive order from Mayor Marty Small Sr. The order was later made permanent through a law passed by the state Legislature.

The legislators who proposed the law – Assembly representatives Vince Mazzeo, John Armato (both D-Atlantic County) and Carol Murphy (D-Burlington County) – called the practice of banning open containers of alcohol in public “outdated.”

Pennsylvania Liquor Control Board Allows Beer Distributors to Sell CBD Products

Beer distributors in Pennsylvania are now permitted to sell products containing CBD to the public and licensed retailers, according to a post by Allentown, Pennsylvania-based law firm Norris McLaughlin.

The Pennsylvania Liquor Control Board (PLCB) amended an advisory notice that authorizes distributors and importing distributors to sell CBD products such as “edible gummies and CBD-containing non-alcoholic beverages including non-alcoholic wine, non-alcoholic malt beverages, soft drinks, juices, water, milk, non-alcoholic drink mixes, carbonic and non-carbonic mixes, including ice teas (prepared or mix form), and coffee and tea (prepared or unprepared forms),” Norris McLaughlin wrote.

In Pennsylvania, consumers must be 18 to purchase CBD products, but 21 to purchase non-alcoholic, CBD-infused beverages.

New York State Liquor Authority Allows Alcohol Sales in Movie Theaters

Empire State moviegoers will soon be allowed to enjoy a beer, wine or cocktail in movie theaters, following a declaratory ruling from the New York State Liquor Authority that allows those venues to apply for liquor licenses.

“The determination by the State Liquor Authority is a long-due and tremendous win for movie theaters across New York state,” Joe Masher, president of the National Association of Theater Owners of New York State and COO of Bow Tie Cinemas, said in a statement. “This decision will allow for historic theaters, independent cinemas, and theater circuits to responsibly sell and serve alcoholic beverages to patrons at the concession stand.”

Before the change, only movie theaters with full kitchens and wait staff could serve alcoholic beverages, which had to be delivered to patrons’ seats. In some cases, patrons could purchase drinks at concession stands, which had to be consumed in theater lobbies.