PRINTER'S NO. 1256

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1116 Session of 1979


        INTRODUCED BY SWEET, F. TAYLOR, DeMEDIO, PRATT, MILLER AND
           LASHINGER, MAY 1, 1979

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 1, 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     increasing the amount of malt or brewed beverages which may
    18     be sold for consumption off the licensed premises.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Subsection (a) of section 401, act of April 12,
    22  1951 (P.L.90, No.21), known as the "Liquor Code," is amended to
    23  read:
    24     Section 401.  Authority to Issue Liquor Licenses to Hotels,
    25  Restaurants and Clubs.--(a)  Subject to the provisions of this
    26  act and regulations promulgated under this act, the board shall

     1  have authority to issue a retail liquor license for any premises
     2  kept or operated by a hotel, restaurant or club and specified in
     3  the license entitling the hotel, restaurant or club to purchase
     4  liquor from a Pennsylvania Liquor Store and to keep on the
     5  premises such liquor and, subject to the provisions of this act
     6  and the regulations made thereunder, to sell the same and also
     7  malt or brewed beverages to guests, patrons or members for
     8  consumption on the hotel, restaurant or club premises. Such
     9  licensees, other than clubs, shall be permitted to sell malt or
    10  brewed beverages for consumption off the premises where sold in
    11  quantities of not more than [one hundred forty-four] one hundred
    12  ninety-two fluid ounces in a single sale to one person. Such
    13  licenses shall be known as hotel liquor licenses, restaurant
    14  liquor licenses and club liquor licenses, respectively. No
    15  person who holds, either by appointment or election, any public
    16  office which involves the duty to enforce any of the penal laws
    17  of the United States of America or the penal laws of the
    18  Commonwealth of Pennsylvania or any penal ordinance or
    19  resolution of any political subdivision of this Commonwealth
    20  shall be issued any hotel or restaurant liquor license, nor
    21  shall such a person have any interest, directly or indirectly,
    22  in any such license.
    23     * * *
    24     Section 2.  This act shall take effect immediately.




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