1. What is a Growler?

2. "CONTAINER" shall mean and include any receptacle, vessel or form of package, tank, vat, cask, barrel, drum, keg, can, bottle or conduit used or capable of use for holding, storing, transferring or shipment of alcohol, liquor or malt or brewed beverages. "ORIGINAL CONTAINER" shall mean all bottles, casks, kegs or other suitable containers that have been securely capped, sealed or corked by the manufacturer of malt or brewed beverages at the place of manufacture, with the name and address of the manufacturer of the malt or brewed beverages contained or to be contained therein permanently affixed to the bottle, cask, keg or other container, or in the case of a bottle or can, to the cap or cork used in sealing the same or to a label securely affixed to a bottle or can.

3. Retail Licensees – Open Containers Can sell up to 192 ounces in a single sale. PSP, BLCE v. Ripper’s Pub (Northampton CCP, Misc. 280-1993) “… we find that it is a violation of § 4-406(a)(1) for licensees to permit their patrons to leave their establishments with open containers of alcohol.” The Board – which is not the enforcement bureau – disagrees with the court but it can’t overrule the court and is not a party to the citation. It was however, granted the authority to issue opinions that are binding upon the enforcement bureau by Act 61 of 1993, during the pendency of this litigation. It responds to Ripper’s by allowing the sale of beer-to-go in open containers in the other 66 counties.

4. Retail Licensees – Open Containers The issue remains dormant until 2011when BLCE again threatens to enforce the Ripper’s holding in Northampton County. Act 11 of 2011 amends the Liquor Code: “The sales may be made in either open or closed containers, Provided, however, That a municipality may adopt an ordinance restricting open containers in public places.”

5. Breweries – Original Containers Prior to Act 15 of 2003, breweries could only sell beer-to-go in case quantities or “original containers containing one hundred twenty- eight ounces or more...” 47 P.S. § 4-440. Act 15 allowed for “original containers containing sixty-four ounces or more…” However, by definition, “original containers” must be “sealed or corked by the manufacturer... at the place of manufacture, with the name and address of the manufacturer … permanently affixed to the bottle, cask, keg or other container, or in the case of a bottle or can, to the cap or cork used in sealing the same or to a label securely affixed to a bottle or can.” This meant that breweries could not refill a container brought in by a customer, nor could they sell an open container.

6. Breweries – Original Containers Act 113 of 2011 rewrites the section and eliminates both the “original container” requirement and the 64 ounce size requirement: “A manufacturer also may sell any malt or brewed beverages produced and owned by the manufacturer to individuals on the licensed premises for consumption off the licensed premises in containers or packages of unlimited quantity and of any volume.”

7. Distributers and Importing Distributors May only sell “in the original containers as prepared for the market by the manufacturer at the place of manufacture.” Also, “No distributor or importing distributor shall sell any malt or brewed beverages in quantities of less than a case or original containers containing one hundred twenty-eight ounces or more…” Therefore, they are effectively precluded from selling most growlers.