PRINTER'S NO. 2203
No. 1768 Session of 1987
INTRODUCED BY DOMBROWSKI, OCTOBER 5, 1987
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 5, 1987
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 consumption of liquor and malt or brewed
18 beverages in certain billiard rooms; and reestablishing the
19 Pennsylvania Liquor Control Board.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Sections 406(a)(1) and 463(a.2) of the act of
23 April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
24 amended May 9, 1984 (P.L.246, No.54), are amended to read:
25 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
26 (1) Every hotel, restaurant or club liquor licensee may sell
1 liquor and malt or brewed beverages by the glass, open bottle or
2 other container, and in any mixture, for consumption only in
3 that part of the hotel or restaurant habitually used for the
4 serving of food to guests or patrons, or in a bowling alley or
5 billiard room that is immediately adjacent to and under the same
6 roof as a restaurant when no minors are present, unless minors
7 who are present are under proper supervision as defined in
8 section 493, in the bowling alley or billiard room, and in the
9 case of hotels, to guests, and in the case of clubs, to members,
10 in their private rooms in the hotel or club. No club licensee
11 nor its officers, servants, agents or employes, other than one
12 holding a catering license, shall sell any liquor or malt or
13 brewed beverages to any person except a member of the club. In
14 the case of a restaurant located in a hotel which is not
15 operated by the owner of the hotel and which is licensed to sell
16 liquor under this act, liquor and malt or brewed beverages may
17 be sold for consumption in that part of the restaurant
18 habitually used for the serving of meals to patrons and also to
19 guests in private guest rooms in the hotel. For the purpose of
20 this paragraph, any person who is an active member of another
21 club which is chartered by the same state or national
22 organization shall have the same rights and privileges as
23 members of the particular club. For the purpose of this
24 paragraph, any person who is an active member of any volunteer
25 firefighting company, association or group of this Commonwealth,
26 whether incorporated or unincorporated, shall upon the approval
27 of any club composed of volunteer firemen licensed under this
28 act, have the same social rights and privileges as members of
29 such licensed club. For the purposes of this paragraph, the term
30 "active member" shall not include a social member.
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1 * * *
2 Section 463. Places of Amusement Not To Be Licensed;
3 Penalty.--* * *
4 (a.2) Nothing contained in this act shall be construed to
5 prevent the holder of a hotel, restaurant liquor or malt and
6 brewed beverage license from selling liquor and malt or brewed
7 beverages in a bowling alley, billiard room, or other
8 recreational areas including, but not limited to, game rooms and
9 video arcade areas of hotels, when no minors are present, unless
10 minors who are present are under proper supervision as defined
11 in section 493, where the restaurant, bowling alley, billiard
12 room, or other recreational areas including, but not limited to,
13 game rooms and video arcade areas of hotels are immediately
14 adjacent and under the same roof. The restaurant liquor or malt
15 and brewed beverage licensee aforementioned shall be subject to
16 all the conditions and restrictions applicable to such
17 restaurant licenses except the above prohibition against any
18 passageway or communication between a licensed premise and a
19 place of amusement.
20 * * *
21 Section 2. This act, with respect to the Pennsylvania Liquor
22 Control Board, constitutes the legislation required to
23 reestablish an agency under the act of December 22, 1981
24 (P.L.508, No.142), known as the Sunset Act.
25 Section 3. The members of the Pennsylvania Liquor Control
26 Board on the effective date of this act shall continue to serve
27 as members of the board until their present terms of office
28 expire.
29 Section 4. Each rule and regulation of the Pennsylvania
30 Liquor Control Board in effect on December 31, 1986, shall
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1 remain in effect until amended or repealed by the board.
2 Section 5. Sections 2, 3 and 4 of this act shall be
3 retroactive to December 31, 1986.
4 Section 6. This act shall take effect as follows:
5 (1) Sections 2, 3 and 4 of this act shall take effect
6 immediately.
7 (2) The remainder of this act shall take effect in 60
8 days.
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