PRINTER'S NO. 255
No. 235 Session of 1979
INTRODUCED BY A. K. HUTCHINSON AND PETRARCA, FEBRUARY 13, 1979
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 13, 1979
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 authorizing licensed clubs composed of volunteer firemen to
18 serve persons who are active members of any volunteer fire
19 fighting group in this Commonwealth.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Subsection (a) of section 406, act of April 12,
23 1951 (P.L.90, No.21), known as the "Liquor Code," amended June
24 16, 1975 (P.L.14, No.5), is amended to read:
25 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
26 Every hotel, restaurant or club liquor licensee may sell liquor
27 and malt or brewed beverages by the glass, open bottle or other
1 container, and in any mixture, for consumption only in that part
2 of the hotel or restaurant habitually used for the serving of
3 food to guests or patrons, and in the case of hotels, to guests,
4 and in the case of clubs, to members, in their private rooms in
5 the hotel or club. No club licensee nor its officers, servants,
6 agents or employes, other than one holding a catering license,
7 shall sell any liquor or malt or brewed beverages to any person
8 except a member of the club. In the case of a restaurant located
9 in a hotel which is not operated by the owner of the hotel and
10 which is licensed to sell liquor under this act, liquor and malt
11 or brewed beverages may be sold for consumption in that part of
12 the restaurant habitually used for the serving of meals to
13 patrons and also to guests in private guest rooms in the hotel.
14 For the purpose of this paragraph, any person who is an active
15 member of another club which is chartered by the same state or
16 national organization shall have the same rights and privileges
17 as members of the particular club. For the purpose of this
18 paragraph, any person who is an active member of any part of a
19 volunteer fire fighting company, association or group of this
20 Commonwealth, whether incorporated or unincorporated, shall as a
21 guest be extended the same social privileges as members of any
22 club composed of volunteer firemen licensed under this act.
23 Hotel and restaurant liquor licensees, airport restaurant
24 liquor licensees and municipal golf course restaurant liquor
25 licensees may sell liquor and malt or brewed beverages only
26 after seven o'clock antemeridian of any day until two o'clock
27 antemeridian of the following day, except Sunday, and except as
28 hereinafter provided, may sell liquor and malt or brewed
29 beverages on Sunday between the hours of twelve o'clock midnight
30 and two o'clock antemeridian.
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1 Hotel and restaurant liquor licensees, airport restaurant
2 liquor licensees and municipal golf course restaurant liquor
3 licensees whose sales of food and nonalcoholic beverages are
4 equal to forty per centum or more of the combined gross sales of
5 both food and alcoholic beverages may sell liquor and malt or
6 brewed beverages on Sunday between the hours of one o'clock
7 postmeridian and two o'clock antemeridian Monday upon purchase
8 of a special annual permit from the board at a fee of two
9 hundred dollars ($200.00) per year, which shall be in addition
10 to any other license fees.
11 Hotel and restaurant liquor licensees, airport restaurant
12 liquor licensees and municipal golf course restaurant liquor
13 licensees which do not qualify for and purchase such annual
14 special permit, their servants, agents or employes may sell
15 liquor and malt or brewed beverages only after seven o'clock
16 antemeridian of any day and until two o'clock antemeridian of
17 the following day, and shall not sell after two o'clock
18 antemeridian on Sunday. No hotel, restaurant and public service
19 liquor licensee shall sell liquor and malt or brewed beverages
20 after two o'clock antemeridian on any day on which a general,
21 municipal, special or primary election is being held until one
22 hour after the time fixed by law for closing the polls, except,
23 that, in the case of a special election for members of the
24 General Assembly or members of the Congress of the United
25 States, when such special election is held on other than a
26 primary, municipal or general election day, licensees in those
27 Legislative or Congressional Districts may make such sales, as
28 though the day were not a special election day. No club licensee
29 or its servants, agents or employes may sell liquor or malt or
30 brewed beverages between the hours of three o'clock antemeridian
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1 and seven o'clock antemeridian on any day. No public service
2 liquor licensee or its servants, agents, or employes may sell
3 liquor or malt or brewed beverages between the hours of two
4 o'clock antemeridian and seven o'clock antemeridian on any day.
5 Any hotel, restaurant, club or public service liquor licensee
6 may, by given notice to the board, advance by one hour the hours
7 herein prescribed as those during which liquor and malt or
8 brewed beverages may be sold during such part of the year when
9 daylight saving time is being observed generally in the
10 municipality in which the place of business of such licensee is
11 located. Any licensee who elects to operate his place of
12 business in accordance with daylight saving time shall post a
13 conspicuous notice in his place of business that he is operating
14 in accordance with daylight saving time.
15 Notwithstanding any provisions to the contrary, whenever the
16 thirty-first day of December falls on a Sunday, every hotel or
17 restaurant liquor licensee, their servants, agents or employes
18 may sell liquor and malt or brewed beverages on any such day
19 after one o'clock postmeridian and until two o'clock
20 antemeridian of the following day.
21 * * *
22 Section 2. Section 442 of the act, amended October 9, 1967
23 (P.L.413, No.183), is amended to read:
24 Section 442. Retail Dispensers' Restrictions on Purchases
25 and Sales.--(a) No retail dispenser shall purchase or receive
26 any malt or brewed beverages except in original containers as
27 prepared for the market by the manufacturer at the place of
28 manufacture. The retail dispenser may thereafter break the bulk
29 upon the licensed premises and sell or dispense the same for
30 consumption on or off the premises so licensed: Provided,
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1 however, That no retail dispenser may sell malt or brewed
2 beverages for consumption off the premises in quantities in
3 excess of one hundred forty-four fluid ounces: Provided,
4 further, That no club licensee may sell any malt or brewed
5 beverages for consumption off the premises where sold or to
6 persons not members of the club.
7 (b) No retail dispenser shall sell any malt or brewed
8 beverages for consumption on the licensed premises except in a
9 room or rooms or place on the licensed premises at all times
10 accessible to the use and accommodation of the general public,
11 but this section shall not be interpreted to prohibit a retail
12 dispenser from selling malt or brewed beverages in a hotel or
13 club house in any room of such hotel or club house occupied by a
14 bona fide registered guest or member entitled to purchase the
15 same.
16 (c) For the purpose of this section any person who is an
17 active member of another club which is chartered by the same
18 state or national organization shall have the same rights and
19 privileges as members of the particular club.
20 (d) For the purpose of this section any person who is an
21 active member of any part of a volunteer fire fighting company,
22 association or group of this Commonwealth, whether incorporated
23 or unincorporated, shall as a guest be extended the same social
24 privileges as members of any club composed of volunteer firemen
25 licensed under this act.
26 Section 3. This act shall take effect immediately.
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