No Caps on Catering: Pennsylvania’s Act 51 of 2023 Off‑Premises Catering Permit (OPCP) Amendments Explained

Daniel C. Conlon, dconlon@tuckerlaw.com, (412) 594-3951

In 2023, Pennsylvania enacted Act 51, a major reform to its Liquor Code that expanded off-premises catering opportunities for retail liquor licensees. The law eliminated the former 52-event annual cap on Off-Premises Catering Permits (OPCPs) and extended the allowable service duration from five hours to six hours per event. While this expansion presented new business opportunities, it also introduced complex compliance challenges. Understanding Act 51’s changes, the Pennsylvania Liquor Control Board’s (PLCB) recent advisory interpretations, and emerging enforcement risks is critical for attorneys advising hospitality clients.

Act 51: What the Law Changed

Prior to Act 51, retail liquor licensees could only obtain up to 52 OPCPs per license year. Each permit allowed alcohol service at a private, pre-arranged gathering of an identifiable group, such as weddings or corporate functions. The events could not be open to the general public. Act 51 eliminated the 52-event limitation, permitting licensees to cater an unlimited number of qualifying private events, subject to strict adherence to statutory requirements.

The expansion in the number of OPCP events did not change the fundamental rule that service must occur within a bona fide, pre-arranged event involving a distinct and identifiable group, not the general public.

The definition of “identifiable group” remains central. Under existing PLCB guidance, an identifiable group must be organized prior to the event, with membership closed to the general public. Events open to general public participation, even if ticketed or donation-based, do not satisfy the standard and risk violating the Liquor Code.

PLCB Interpretations: Identifiable Group Requirements

The PLCB reaffirmed its strict interpretation of the “identifiable group” requirement in LCB Advisory Opinion No. 23-040 (March 6, 2023). In that case, a licensee proposed hosting a series of “beer garden” events that would be widely advertised but limited to individuals who either subscribed to the Lancaster Recreation Commission’s email newsletter or donated to the group. The Lancaster Recreation Commission is a nonprofit organization formed through a partnership agreement between local taxing authorities, specifically the City of Lancaster, the School District of Lancaster, and Lancaster Township. Subscriptions or donations could be completed in advance or at the event entrance.

Despite the licensee’s attempt to create a closed group through subscriptions and donations to a nonprofit civic partner, the PLCB concluded that the proposed events failed the “identifiable group” test. Because attendees could join the group at the event entrance, the group was not pre-defined. Consequently, the events were deemed public rather than private catered functions, making OPCP use impermissible. The Advisory Opinion emphasized that eligibility must be established prior to the event without any opportunity for on-site enrollment.

Application Requirements and Best Practices

Licensees must first obtain an OPCP by applying annually through the Pennsylvania Liquor Control Board and paying a $500 fee. An OPCP is valid for the license year in which it is issued, but obtaining the permit alone does not authorize unlimited alcohol service at any event. For each individual catered event, the licensee must separately notify the PLCB and comply with all applicable notice requirements.

Specifically, the PLCB requires written notice at least fourteen (14) days prior to each catered event, including detailed information about the event’s date, time, and location; a description of the pre-identified group; and, where applicable, evidence of municipal approval for alcohol service at the venue. In addition to notifying the PLCB, licensees must also provide written notice to local law enforcement authorities at least seven (7) days before each event.

Accuracy and completeness are critical at both stages. Licensees must ensure that initial OPCP applications and individual event filings clearly demonstrate compliance with the Liquor Code’s requirements, including the identifiable group standard. Applications that omit required information or that contain inaccurate details may be denied and may expose licensees to fines or citations. Legal advisors should assist clients in developing internal compliance protocols and checklists to streamline these filings and minimize the risk of error.

Venue and Insurance Compliance

Venue selection remains a critical compliance issue under Act 51. An off premises catered function may not occur at a location that already holds a separate liquor license no at a location that is the subject of a pending or protested license transfer application. Additionally, a Catering Permit may not be used for mobile events, such as those involving roving food trucks or mobile bars traveling between sites; the event must occur at a fixed, approved location. (LCB Advisory Opinion No. 24-071 (April 23, 2024)).

Further, the site of a catered event must comply with applicable provisions of the Liquor Code. This includes, among other restrictions, the prohibition on using loudspeakers or other sound devices to project music or entertainment beyond the property line of the permitted event space. Licensees must ensure that all aspects of the event, from alcohol service to entertainment, are confined within the approved premises and compliant with local noise and zoning ordinances.

Venue eligibility must be confirmed in advance, and legal advisors should verify that the site is free from any legal or regulatory impediments to alcohol service. In Philadelphia, for example, additional permitting through the Department of Licenses and Inspections may be required, while in other municipalities, townships, or boroughs, approvals may apply.

Insurance coverage also demands careful review. Standard liquor liability policies may not automatically extend to off-site catering events. Attorneys should examine clients’ existing insurance arrangements and, where necessary, recommend policy endorsements or riders that specifically cover off premises service under an OPCP.

Service Protocols and Enforcement Risks

Act 51’s expanded opportunity did not relax licensees’ duty to comply with strict alcohol service standards. Licensees must verify the age of all patrons served, prohibit service to visibly intoxicated individuals, and always maintain operational control over alcohol service. Alcohol service must be conducted solely by the licensee’s employees, and catered functions must conclude by midnight, unless further limited by municipal ordinance.

Recent enforcement actions by the Pennsylvania State Police Bureau of Liquor Control Enforcement (BLCE) suggest a heightened focus on several areas. Investigators have scrutinized events purporting to be “private” that in fact allowed public admission through on-site sign-ups or sales. Violations have also occurred when alcohol service expanded beyond the permitted event area, when control of alcohol service was improperly delegated to third parties, or when licensees failed to update event details with the PLCB, as required.

Conclusion

Act 51 of 2023 created new revenue opportunities for Pennsylvania retail liquor licensees by eliminating the 52-event cap on OPCPs. However, the new flexibility comes with corresponding regulatory obligations. Licensees must carefully structure events to satisfy the “identifiable group” requirement, comply with venue and service restrictions, and maintain strict operational control. Attorneys play a key role in helping clients navigate these complex requirements, mitigate enforcement risks, and capitalize on Act 51’s expanded business potential.

Daniel C. Conlon is a shareholder at Tucker Arensberg, P.C. and is co-chair of the firm’s hospitality practice group. He serves on the board of the Western Chapter of the Pennsylvania Restaurant and Lodging Association (PRLA) and on its Government Affairs and Policy Committee.

Reprinted with permission from the May 20, 2025, issue of The Legal Intelligencer. © 2025 ALM Media Properties, LLC. Further duplication without permission is prohibited.  All rights reserved.