AN ACT

 

1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws," in
17distilleries, wineries, bonded warehouses, bailees for hire
18and transporters for hire, further providing for
19distilleries.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. Section 505.4(b) of the act of April 12, 1951
23(P.L.90, No.21), known as the Liquor Code, reenacted and amended
24June 29, 1987 (P.L.32, No.14) is amended by adding clauses to
25read:

26Section 505.4. Distilleries.--* * *

1(b) * * *

2(8) At the discretion of the board, obtain a special permit
3to participate in distilled liquor, alcoholic cider, wine and
4food expositions off the licensed premises. A special permit
5shall be issued upon proper application and payment of a fee of
6thirty dollars ($30) per day for each day of permitted use, not
7to exceed thirty (30) consecutive days. The total number of days
8for all the special permits may not exceed one hundred (100)
9days in any calendar year. A special permit shall entitle the
10holder to engage in the sale by the glass, by the bottle or in
11case lots of distilled liquor produced by the permittee under
12the authority of a limited distillery license. Holders of
13special permits may provide tasting samples of distilled liquors
14in individual portions not to exceed one fluid ounce. Samples at
15distilled liquor, alcoholic cider, wine and food expositions may
16be sold or offered free of charge. Except as provided herein,
17limited distilleries utilizing special permits shall be governed
18by all applicable provisions of this act as well as by all
19applicable regulations or conditions adopted by the board.

20For the purposes of this clause, "distilled liquor, alcoholic
21cider, wine and food expositions" are defined as affairs held
22indoors or outdoors with the intent of promoting Pennsylvania
23products by educating those in attendance of the availability,
24nature and quality of Pennsylvania-produced distilled liquors,
25alcoholic ciders and wines in conjunction with suitable food
26displays, demonstrations and sales. The term may also include
27activities other than distilled liquor, alcoholic cider, wine
28and food displays, including arts and crafts, musical
29activities, cultural exhibits, agricultural exhibits and farmers
30markets.

1(9) At the discretion of the board, obtain a farmers market
2permit. The permit shall entitle the holder to participate in
3more than one farmers market at any given time and an unlimited
4number throughout the year and sell distilled liquors produced
5under the authority of the underlying limited distillery license
6by the bottle or in case lots. Samples not to exceed one fluid
7once per brand of distilled liquor may be offered free of
8charge. A farmers market permit shall be issued upon proper
9application and payment of an annual fee of two hundred fifty
10dollars ($250). A permit holder may participate in more than one
11farmers market at any given time. Sales by permit holders shall
12take place during the standard hours of operation of the farmers
13market. Written notice of the date, times and location the
14permit is to be used shall be provided by the permit holder to
15the enforcement bureau at least two (2) weeks prior to the
16event. Except as provided in this subsection, limited
17distilleries utilizing farmers market permits shall be governed
18by all applicable provisions of this act as well as by all
19applicable regulations adopted by the board.

20For the purposes of this clause, "farmers market" shall
21include any building, structure or other place:

22(i) owned, leased or otherwise in the possession of a
23person, municipal corporation or public or private organization;

24(ii) used or intended to be used by two or more farmers or
25an association of farmers, who are certified by the Department
26of Agriculture of the Commonwealth to participate in the
27Farmers' Market Nutrition Program subject to 7 CFR Pt. 249
28(relating to Senior Farmers' Market Nutrition Program (SFMNP)),
29for the purpose of selling agricultural commodities produced in
30this Commonwealth directly to consumers;

1(iii) which is physically located within this Commonwealth;
2and

3(iv) which is not open for business more than twelve hours
4each day.

5* * *

6Section 2. This act shall take effect in 60 days.