SENATE AMENDED
PRIOR PRINTER'S NO. 945 PRINTER'S NO. 2776
No. 874 Session of 1981
INTRODUCED BY LEHR, COSLETT, SWAIM, ZWIKL AND CALTAGIRONE,
MARCH 17, 1981
SENATOR GREENLEAF, LAW AND JUSTICE, IN SENATE, AS AMENDED,
JANUARY 26, 1982
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 THE LICENSING OF ESTABLISHMENTS NEAR <--
18 INTERSTATE HIGHWAYS AND FOR unlawful acts relative to liquor,
19 malt and brewed beverages and licensees.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 SECTION 1. SUBSECTION (A) OF SECTION 475, ACT OF APRIL 12, <--
23 1951 (P.L.90, NO.21), KNOWN AS THE "LIQUOR CODE," AMENDED
24 DECEMBER 12, 1980 (P.L.1195, NO.221), IS AMENDED TO READ:
25 SECTION 475. ESTABLISHMENTS PROXIMATE TO INTERSTATE HIGHWAYS
1 NOT TO BE LICENSED.--(A) NO LICENSE FOR THE SALE OF LIQUOR OR
2 MALT OR BREWED BEVERAGES IN ANY QUANTITY SHALL BE GRANTED TO THE
3 PROPRIETOR, LESSEE, KEEPER OR MANAGER OF AN ESTABLISHMENT THE
4 BUILDING ENTRANCE TO WHICH IS LOCATED WITHIN THREE HUNDRED FEET
5 OF [ANY PART OF A RAMP OF] THE ENTRANCE OF AN INTERSTATE LIMITED
6 ACCESS HIGHWAY.
7 * * *
8 Section 1 2. Clauses (14), (22) and (24) of section 493, act <--
9 of April 12, 1951 (P.L.90, No.21), known as the "Liquor Code,"
10 OF THE ACT, clause (14) amended July 11, 1980 (P.L.558, No.117), <--
11 are amended to read:
12 Section 493. Unlawful Acts Relative to Liquor, Malt and
13 Brewed Beverages and Licensees.--The term "licensee," when used
14 in this section, shall mean those persons licensed under the
15 provisions of Article IV, unless the context clearly indicates
16 otherwise.
17 It shall be unlawful--
18 * * *
19 (14) Permitting Undesirable Persons or Minors to Frequent
20 Premises. For any hotel, restaurant or club liquor licensee, or
21 any retail dispenser, his servants, agents or employes, to
22 permit persons of ill repute, known criminals, prostitutes or
23 minors to frequent his licensed premises or any premises
24 operated in connection therewith, except minors accompanied by
25 parents, guardians, or under proper supervision or except minors
26 who frequent any restaurant or retail dispensing licensee whose
27 sales of food and non-alcoholic beverages are equal to seventy
28 per centum or more of the combined gross sales of both food and
29 alcoholic beverages on the condition that alcoholic beverages
30 may not be served at the table or booth at which the said minor
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1 is seated at the time (unless said minor is under proper
2 supervision as hereinafter defined) and on the further condition
3 that only table service of alcoholic beverages or take-out
4 service of beer shall be permitted in the room wherein the minor
5 is located: Provided, however, That it shall not be unlawful for
6 any hotel, restaurant or club liquor licensee or any retail
7 dispenser to permit minors under proper supervision upon the
8 licensed premises or any premises operated in connection
9 therewith for the purpose of a social gathering, even if such
10 gathering is exclusively for minors: And provided further, That
11 no liquor shall be sold, furnished or given to such minors nor
12 shall the licensee knowingly permit any liquor or malt or brewed
13 beverages to be sold, furnished or given to or be consumed by
14 any minor, and the area of such gathering shall be segregated
15 from the remainder of the licensed premises. In the event the
16 area of such gathering cannot be segregated from the remainder
17 of the licensed premises, all alcoholic beverages must be either
18 removed from the licensed premises or placed under lock and key
19 during the time the gathering is taking place. Notice of such
20 gathering shall be given the Liquor Control Board as it may, by
21 regulation, require. Any licensee violating the provisions of
22 this clause shall be subject to the provisions of section 471.
23 "Proper supervision," as used in this clause, means the
24 presence, on that portion of the licensed premises where a minor
25 or minors are present, of one person twenty-five years of age or
26 older for every fifty minors or part thereof who is directly
27 responsible for the care and conduct of such minor or minors
28 while on the licensed premises and in such proximity that the
29 minor or minors are constantly within his sight or hearing. The
30 presence of the licensee or any employe or security officer of
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1 the licensee shall not constitute proper supervision.
2 * * *
3 (22) Allowance or Rebate to Induce Purchases. For any
4 licensee, or his servants, agents or employes, to offer, pay,
5 make or allow, or for any licensee, or his servants, agents or
6 employes, to solicit or receive any allowance or rebate, refunds
7 or concessions, whether in the form of money or otherwise, to
8 induce directly the purchase of liquor or malt or brewed
9 beverages [or any other commodity manufactured or sold by the
10 licensee].
11 * * *
12 (24) Things of Value Offered as Inducement. For any licensee
13 under the provisions of this article, or the board or any
14 manufacturer, or any employe or agent of a manufacturer,
15 licensee or of the board, to offer to give anything of value or
16 to solicit or receive anything of value as a premium for the
17 return of caps, stoppers, corks, stamps or labels taken from any
18 bottle, case, barrel or package containing liquor or malt or
19 brewed beverage, or to offer or give or solicit or receive
20 anything of value as a premium or present to induce directly the
21 purchase of liquor or malt or brewed beverage, [or for any other
22 purpose whatsoever in connection with the sale of such liquor or
23 malt or brewed beverage,] or for any licensee, manufacturer or
24 other person to offer or give to trade or consumer buyers any
25 prize, premium, gift or other [similar] inducement to purchase
26 liquor or malt or brewed beverages, except advertising novelties
27 of nominal value which the board shall define: Provided,
28 however, That this section shall not apply to the return of any
29 monies specifically deposited for the return of the original
30 container to the owners thereof.
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1 * * *
2 Section 2 3. This act shall take effect immediately. <--
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