PRINTER'S NO. 949

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 872 Session of 1979


        INTRODUCED BY WILSON, BOWSER, D. S. HAYES, BRANDT, HONAMAN AND
           E. R. LYNCH, MARCH 27, 1979

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 27, 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     further providing for limited wineries.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section 505, act of April 12, 1951 (P.L.90,
    21  No.21), known as the "Liquor Code," amended July 31, 1968
    22  (P.L.902, No.272), is amended to read:
    23     Section 505.  Licenses Issued.--Upon receipt of the
    24  application in the form herein provided, the proper fees and an
    25  approved bond as herein designated, the board may grant to such


     1  applicant a license to engage in, (a) the operation of a limited
     2  winery or a winery; or, (b) the manufacturing, producing,
     3  distilling, developing, or using in the process of
     4  manufacturing, denaturing, redistilling, recovering, rectifying,
     5  blending and reusing of alcohol and liquor; or, (c) the holding
     6  in bond of alcohol and liquor; or (d) the holding in storage, as
     7  bailee for hire, of alcohol, liquor and malt or brewed
     8  beverages; or, (e) the transporting for hire of alcohol, liquor
     9  and malt or brewed beverages; or, (f) the transporting for hire
    10  of wine. The board may issue a fleet license for an annual fee
    11  of one thousand dollars ($1,000) for the transporting for hire
    12  of wine. Such fleet license shall cover any and all vehicles,
    13  owned or hired and operated by such fleet licensee. In lieu of
    14  the identification required to be painted or affixed to each
    15  such vehicle, the holder of a fleet license may have in the cab
    16  of such vehicle a photostatic copy of its current fleet license
    17  issued by the board.
    18     Section 2.  Section 505.2 of the act, amended March 27, 1972
    19  (P.L.153, No.57), is amended to read:
    20     Section 505.2.  Limited Wineries.--Holders of a limited
    21  winery license may:
    22     (1)  Produce wines only from fruits grown in Pennsylvania in
    23  an amount not to exceed one hundred thousand (100,000) gallons
    24  per year.
    25     (2)  Sell wine produced by the limited winery on the licensed
    26  premises, under such conditions and regulations as the board may
    27  enforce, to the Liquor Control Board, to individuals and to
    28  hotel, restaurant, club and public service liquor licensees.
    29     (3)  Have additional outlets where their wines may be sold
    30  with no production or bottling requirements. Sales at these
    19790H0872B0949                  - 2 -

     1  outlets shall be made under the same conditions and regulations
     2  controlling sales at the limited winery premise. The license of
     3  such outlets shall be of a duration coextensive with the
     4  duration of the limited winery license at a fee of two hundred
     5  fifty dollars ($250.00) per outlet. Each outlet shall be at
     6  least 750 square feet in area. All wine sold at these outlets
     7  shall be shipped bottled, or in bulk, from the limited winery
     8  premise.
     9     (4)  Distribute by mail, personally or through servants,
    10  agents or employes, price lists, circulars, handbills,
    11  brochures, pamphlets, or items of a similar nature to other
    12  licensees and to individuals who have previously purchased wine
    13  or have visited limited winery premise or limited winery outlet
    14  or have requested in writing to be on the mailing list of the
    15  limited winery.
    16     (5)  Be open for public tours, tasting of wines, and sales on
    17  Sunday between the hours of one o'clock postmeridian and nine
    18  o'clock postmeridian at the limited winery premise and limited
    19  winery outlets.
    20     Section 3.  This act shall take effect in 60 days.







    C8L41CVV/19790H0872B0949         - 3 -