New Jersey customers' right to order takeout cocktails — and local businesses' right to sell them — has been codified into law.

Gov. Mikie Sherrill signed legislation Friday making temporary permissions granted to the hospitality industry in 2020 amid the COVID-19 pandemic permanent. Under the provisions of the new law, restaurants, bars, distilleries, hotels and other properly licensed establishments can sell mixed alcoholic drinks in closed, sealed to-go containers for "off-premise consumption" and deliver them to customers ages 21 and over.

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"Today I'm signing a bipartisan bill to help our bars and restaurants a little bit more," Sherrill said. "Cocktails to go are officially here to stay."

The state legislature had extended these options to businesses after New Jersey declared a state of emergency in March 2020. Designed to help bars and restaurants boost sales during the period of social distancing, these provisions were "a lifeline for our hospitality sector, " Sherrill said. To-go cocktails still make up nearly 25% of alcohol sales for some New Jersey establishments, she added. The temporary to-go privileges were set to expire Sept. 1.

"I want New Jersey to be the best place in the country to build a business, whether it's a restaurant, a bar or something entirely new," Sherrill said at a news conference. "Common-sense legislation like this that cuts red tape and expands the market for small businesses will help us make good on that mission."

Standing inside one of the law's benefactors — 618 Restaurant in Freehold — the governor cited research demonstrating the economic potential of to-go cocktails. A 2023 report from the National Restaurant Association found that 79% of wine drinkers, 77% of beer drinkers and 74% of cocktail drinkers were more likely to choose a restaurant for takeout based on whether they could deliver alcoholic beverages.

"Making cocktails to-go permanent is a meaningful solution for New Jersey’s hospitality industry," said Daniel Klim, president and CEO of the New Jersey Restaurant & Hospitality Association. "This law preserves a popular and convenient option for customers while providing restaurants and bars with an additional revenue stream. We thank Governor Sherrill and the Legislature for their support and for ensuring this successful policy can continue."

Businesses may use containers of any size or shape, but they can't exceed 16 fluid ounces. The takeout containers must also have a tamper-evident seal.

The bill passed the state legislature with bipartisan support. It takes effect immediately.

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