PRINTER'S NO. 4017

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2947 Session of 1992


        INTRODUCED BY HASAY, MICOZZIE AND M. N. WRIGHT,
           SEPTEMBER 23, 1992

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 23, 1992

                                     AN ACT

     1  Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
     2     reenacted, "An act relating to alcoholic liquors, alcohol and
     3     malt and brewed beverages; amending, revising, consolidating
     4     and 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 Sunday sales permits.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Sections 406(a)(3) and 432(f) of the act of April
    21  12, 1951 (P.L.90, No.21), known as the Liquor Code, reenacted
    22  and amended June 29, 1987 (P.L.32, No.14), are amended to read:
    23     Section 406.  Sales by Liquor Licensees; Restrictions.--(a)
    24  * * *
    25     (3)  Hotel and restaurant liquor licensees, airport

     1  restaurant liquor licensees, municipal golf course restaurant
     2  liquor licensees and privately-owned public golf course
     3  restaurant licensees whose sales of food and nonalcoholic
     4  beverages are equal to forty per centum or more of the combined
     5  gross sales of both food and alcoholic beverages may sell liquor
     6  and malt or brewed beverages on Sunday between the hours of
     7  eleven o'clock antemeridian and two o'clock antemeridian Monday
     8  upon purchase of a special annual permit from the board at a fee
     9  of two hundred dollars ($200.00) per year, which shall be in
    10  addition to any other license fees. The sales of malt and brewed
    11  beverages for consumption off the premises shall not be included
    12  in the combined gross sales of both food and alcoholic beverages
    13  in calculating the sales requirements for the purchase of a
    14  special annual permit.
    15     * * *
    16     Section 432.  Malt and Brewed Beverages Retail Licenses.--* *
    17  *
    18     (f)  Hotel, eating places, or municipal golf course retail
    19  dispenser licensees whose sales of food and nonalcoholic
    20  beverages are equal to forty per centum (40%) or more of the
    21  combined gross sales of both food and malt or brewed beverages
    22  may sell malt or brewed beverages between the hours of eleven
    23  o'clock antemeridian on Sunday and two o'clock antemeridian on
    24  Monday upon purchase of a special annual permit from the board
    25  at a fee of two hundred dollars ($200.00) per year, which shall
    26  be in addition to any other license fees. Provided further, the
    27  holder of such special annual permit may sell malt or brewed
    28  beverages after seven o'clock antemeridian and until two o'clock
    29  antemeridian of the following day, on any day on which a
    30  general, municipal, special or primary election is being held.
    19920H2947B4017                  - 2 -

     1  The sales of malt and brewed beverages for consumption off the
     2  premises shall not be included in the combined gross sales of
     3  both food and alcoholic beverages in calculating the sales
     4  requirements for the purchase of a special annual permit.
     5     Section 2.  This act shall take effect in 60 days.

















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