person's average monthly total sales, including alcohol sales,
as a result of restrictions imposed during the COVID-19 disaster
emergency may sell prepared beverages and mixed drinks for off-
premises consumption where meals prepared for pick-up or
curbside pick-up are also available.
(2) Except as provided in this paragraph and paragraph (4),
nothing in this section shall affect the ability of a licensee
to operate within the scope of its current license as authorized
by this act, provided, however, that no sales of prepared
beverages and mixed drinks for off-premises consumption shall
take place after eleven o'clock postmeridian of any day until
the licensee's permitted hours of operation under section 406 of
the next day, including Sundays if the licensee has a permit
authorized under sections 406(a)(3) and 432(f).
(3) The following licensees are prohibited from selling
prepared beverages and mixed drinks for off-premises consumption
under this section:
(i) A licensee whose underlying license is subject to a
pending objection by the director of the Bureau of Licensing or
the board under section 470(a.1), until the matter is decided.
(ii) A licensee whose underlying license has been suspended
under section 1799.6-E of the act of April 9, 1929 (P.L.343,
No.176), known as "The Fiscal Code."
(4) For purposes of selling prepared beverages and mixed
drinks for off-premises consumption, a licensed premises shall
not be subject to section 493(14).
(5) Withing sixty (60) days of the effective date of this
section, a licensee selling prepared beverages and mixed drinks
for off-premises consumption shall begin utilizing a transaction
scan device to verify the age of an individual who appears to be
under thirty-five (35) years of age before making a sale of
prepared beverages and mixed drinks for off-premises
consumption. A licensee may not sell or share consumers'
personal data from the use of a transaction scan device,
provided that the licensee may share the data with the
enforcement bureau of the board as evidence that the licensee is
in compliance with this paragraph.
(6) A licensee selling prepared beverages or mixed drinks
for off-premise consumption shall prominently post a warning
sign in a manner that puts consumers on notice of the
restrictions on alcoholic beverages under 75 Pa.C.S. ยง 3809
(relating to restriction on alcoholic beverages), and that the
prepared beverages and mixed drinks packaged for sale by the
licensee are open containers and may only be transported by the
driver of a motor vehicle in the vehicle's trunk or in some
other area of the vehicle that is not occupied by the driver or
passengers.
(b) Notwithstanding any other provision of this section or
provision of law to the contrary, a licensee selling prepared
beverages and mixed drinks for off-premises consumption may only
do so during the COVID-19 disaster emergency and during the
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