PRINTER'S NO. 1404
No. 1245 Session of 1979
INTRODUCED BY DUMAS, MANDERINO, McCALL, SCHWEDER, CALTAGIRONE,
PISTELLA, KNIGHT, DeWEESE, PIEVSKY, BARBER, RICHARDSON,
HASAY, J. J. JOHNSON, WHITE, OLIVER, PUCCIARELLI, SHADDING,
PERZEL, F. TAYLOR, POTT, McVERRY, LEHR, YOHN, RITTER,
KOWALYSHYN, McMONAGLE, BURD, E. H. SMITH AND RYAN,
MAY 8, 1979
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 8, 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 sales of malt or brewed beverages for
18 consumption off the premises.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Subsection (a) of section 401 and section 407,
22 act of April 12, 1951 (P.L.90, No.21), known as the "Liquor
23 Code," are amended to read:
24 Section 401. Authority to Issue Liquor Licenses to Hotels,
1 Restaurants and Clubs.--(a) Subject to the provisions of this
2 act and regulations promulgated under this act, the board shall
3 have authority to issue a retail liquor license for any premises
4 kept or operated by a hotel, restaurant or club and specified in
5 the license entitling the hotel, restaurant or club to purchase
6 liquor from a Pennsylvania Liquor Store and to keep on the
7 premises such liquor and, subject to the provisions of this act
8 and the regulations made thereunder, to sell the same and also
9 malt or brewed beverages to guests, patrons or members for
10 consumption on the hotel, restaurant or club premises. Such
11 licensees, other than clubs, shall be permitted to sell malt or
12 brewed beverages for consumption off the premises where sold in
13 quantities of not more than [one hundred forty-four] one hundred
14 ninety-two fluid ounces in a single sale to one person. Such
15 licenses shall be known as hotel liquor licenses, restaurant
16 liquor licenses and club liquor licenses, respectively. No
17 person who holds, either by appointment or election, any public
18 office which involves the duty to enforce any of the penal laws
19 of the United States of America or the penal laws of the
20 Commonwealth of Pennsylvania or any penal ordinance or
21 resolution of any political subdivision of this Commonwealth
22 shall be issued any hotel or restaurant liquor license, nor
23 shall such a person have any interest, directly or indirectly,
24 in any such license.
25 * * *
26 Section 407. Sale of Malt or Brewed Beverages by Liquor
27 Licensees.--Every liquor license issued to a hotel, restaurant,
28 club, or a railroad, pullman or steamship company under this
29 subdivision (A) for the sale of liquor shall authorize the
30 licensee to sell malt or brewed beverages at the same places but
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1 subject to the same restrictions and penalties as apply to sales
2 of liquor, except that licensees other than clubs may sell malt
3 or brewed beverages for consumption off the premises where sold
4 in quantities of not more than [one hundred forty-four] one
5 hundred ninety-two fluid ounces in a single sale to one person.
6 No licensee under this subdivision (A) shall at the same time be
7 the holder of any other class of license, except a retail
8 dispenser's license authorizing the sale of malt or brewed
9 beverages only.
10 Section 2. Subsection (a) of section 442 of the act, amended
11 October 9, 1967 (P.L.413, No.183), is amended to read:
12 Section 442. Retail Dispensers' Restrictions on Purchases
13 and Sales.--(a) No retail dispenser shall purchase or receive
14 any malt or brewed beverages except in original containers as
15 prepared for the market by the manufacturer at the place of
16 manufacture. The retail dispenser may thereafter break the bulk
17 upon the licensed premises and sell or dispense the same for
18 consumption on or off the premises so licensed: Provided,
19 however, That no retail dispenser may sell malt or brewed
20 beverages for consumption off the premises in quantities in
21 excess of the [one hundred forty-four] one hundred ninety-two
22 fluid ounces: Provided, further, That no club licensee may sell
23 any malt or brewed beverages for consumption off the premises
24 where sold or to persons not members of the club.
25 * * *
26 Section 3. This act shall take effect in 60 days.
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