Pennsylvania: Pennsylvania beer distributors sell alcoholic slushies to go but are they legal?

 

Source: http://www.pennlive.com/

By Sue Gleiter

May 17, 11:23 AM

 

Pennsylvanians applauded six-packs and malt beverage can sales at beer distributors.

 

Now shoppers are encountering another perk they never imagined seeing at a beer distributor – alcoholic beer slushies.

 

At Beer Zoo in Swatara Township a bank of four machines behind a cash register spin the frozen concoctions in flavors like mango and strawberry. Customers pay $4.99 and walk out of the store with 16-ounce plastic sealed cups to go.

 

It’s the adult version of a 7-Eleven Slurpee. The drinks are made from malt beverages such as Bud Light’s beer-based margaritas.

 

“On a hot day it’s nice and refreshing. It’s better than drinking a beer,” said Jeff Griffiths of Swatara Township who was trying one for the first time.

 

Throughout the state, beer distributors have been introducing the drinks. In the Harrisburg area, Breski Beverage in Swatara Township and Silver Spring Beverage in Mechanicsburg also advertise the slushies on Facebook.

 

But as more businesses entertain the idea of carrying the frosty drinks, the Pennsylvania Liquor Board suggests distributors should not be selling them unless they follow strict guidelines.

 

In two opinions from 2017 the agency’s attorneys told inquiring distributors the only way distributors can sell malt or brewed beverages is in growlers. Traditionally, growlers are jugs – not cups – designed to transport draft beer.

 

In addition, the PLCB says distributors cannot “change the character or purity of the malt or brewed beverages from that as originally marketed by the manufacturer at the place of manufacture.”

 

Basically, it boils down to how you want to interpret the Liquor Code.

 

Theodore J. Zeller, III, an Allentown attorney who works with distributors in the state, said distributors are permitted to sell slushies under Act 166, the same legislation that allowed them to sell beer in smaller configurations such as six packs.

 

He contends they can sell slushies in cups because the LCB’s definition of growlers fits with how the distributors are selling the drinks. “Growlers are defined as a refillable container of malt or brewed beverage that can be resealed,” he said.

 

Zeller said the LCB’s definition does not designate an ounce limit.

 

Alcoholic beer slushies at Beer Zoo

In addition, he said whatever the distributors are selling must come from an original package – made in containers or kegs – to be able to serve as slushies.

 

Jeff Martin, manager at Breski Beverage in Swatara Township, said before introducing the slushies three months ago they researched every aspect from keeping the machines clean to how to properly seal the cups.

 

Distributors must follow licensing guidelines for food inspections through the Pennsylvania Department of Agriculture.

 

Breski’s slushies are sold in plastic cups with lids sealed with a custom sticker reading, “Please drink responsibly.” The cups also have the Surgeon General’s warning. Martin said they do not add ice or water to the beverages.

 

“When we initially advertised there was some talk about how they couldn’t see how this was legal to sell. But, in all honesty, we couldn’t see any difference in selling a 24-ounce can they can walk out the door with and open at their leisure opposed to this cup,” Martin said.

 

He added that Breski is in compliance with the law and said he recognized there are many intepretations to the law. A sign near the machines reads “Slushies may not be opened inside or behind the counter.”

 

“We are doing everything in compliance with the way the law is written, and I think we’ve gone steps further to ensure we are serving alcohol responsiblty,” Martin said.

 

Slushies are not only served at beer distributors. Some wineries in the state sell wine slushies to go. LCB spokesman Shawn Kelly said wineries can sell slushies because they produce the product, and are allowed to modify or alter it.

 

Kelly directed questions regarding enforcement of slushies sold at distributors to the Pennsylvania State Police Bureau of Liquor Control Enforcement.

 

Beer Zoo manager Greg Stoner said they started selling the drinks about two weeks ago after noticing the popularity of the beverages surging nationally. Beer Zoo tops the filled cups with lids that sealed with a round sticker on the straw hole.

 

At Silver Spring Beverage on the Carlisle Pike, employee Mark Zimmerman said they have been selling the slushies for about three weeks.

 

They are sold for about $5 in Styrofoam cups with sealed lids. The drinks are made by adding cans of the malt beverage into slushy machines with no added water or ice, he said.

 

“It’s straight out of the can,” Zimmerman said.

 

So far, he said customers have been responsive, although the drinks are not hot sellers, yet. He said he anticipates as word catches on and the weather warms up, more customers will gravitate toward them.