PRINTER'S NO. 1609

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1462 Session of 1993


        INTRODUCED BY SCRIMENTI, DONATUCCI, BEBKO-JONES, CAPPABIANCA,
           BOYES, MERRY, KUKOVICH, TRICH, NAILOR, DALEY, HERSHEY,
           BELFANTI, MILLER, HECKLER, VEON, STURLA, NICKOL, NYCE, WAUGH,
           SAYLOR, SEMMEL, BARLEY, STABACK, RUDY, WOGAN, MAITLAND, JAMES
           AND STEIL, APRIL 27, 1993

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 27, 1993

                                     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     providing for additional activities of limited wineries.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section 505.2 of the act of April 12, 1951
    21  (P.L.90, No.21), known as the Liquor Code, reenacted and amended
    22  June 29, 1987 (P.L.32, No.14), is amended to read:
    23     Section 505.2.  Limited Wineries.--[Holders] In the interest
    24  of promoting tourism and recreational development in

     1  Pennsylvania, holders of a limited winery license may:
     2     (1)  Produce wines and wine coolers only from fruits grown in
     3  Pennsylvania in an amount not to exceed two hundred thousand
     4  (200,000) gallons per year.
     5     (2)  Sell wine and wine coolers produced by the limited
     6  winery or purchased in bulk in bond from another Pennsylvania
     7  limited winery on the licensed premises, under such conditions
     8  and regulations as the board may enforce, to the board, to
     9  individuals and to hotel, restaurant, club and public service
    10  liquor licensees, and to Pennsylvania winery licensees:
    11  Provided, That a limited winery shall not, in any calendar year,
    12  purchase wine produced by other limited wineries in an amount in
    13  excess of fifty per centum of the wine produced by the
    14  purchasing limited winery in the preceding calendar year.
    15     (3)  Separately or in conjunction with other limited
    16  wineries, sell wine and wine coolers produced by the limited
    17  winery on no more than five board-approved locations other than
    18  the licensed premises, with no bottling or production
    19  requirement at those additional board-approved locations and
    20  under such conditions and regulations as the board may enforce,
    21  to the board, to individuals and to hotel, restaurant, club and
    22  public service liquor licensees.
    23     (4)  At the discretion of the board, obtain a special wine
    24  permit to participate in wine and food expositions off the
    25  licensed premises. A special wine permit shall be issued upon
    26  proper application and payment of the prescribed fee for special
    27  occasion permits under section 614-A(24) of the act of April 9,
    28  1929 (P.L.177, No.175), known as "The Administrative Code of
    29  1929," per day for each day of permitted use, not to exceed five
    30  consecutive days. A limited winery may not obtain more than five
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     1  special wine permits in any calendar year. A special wine permit
     2  shall entitle the holder to engage in the sale of wine produced
     3  by the bottle or in case lots. Holders of special wine permits
     4  may provide tasting samples of wines in individual portions not
     5  to exceed one fluid ounce. Samples at wine and food expositions
     6  may be sold or offered free of charge. Except as provided
     7  herein, limited wineries utilizing special wine permits shall be
     8  governed by all applicable provisions of this act as well as by
     9  all applicable regulations or conditions adopted by the board.
    10     For the purposes of this clause, wine and food expositions
    11  are defined as affairs held indoors or outdoors with the primary
    12  intent of educating those in attendance of the availability,
    13  nature and quality of Pennsylvania-produced wines in conjunction
    14  with suitable food displays, demonstrations and sales. Wine and
    15  food expositions may also include activities other than wine and
    16  food displays, including arts and crafts, musical activities,
    17  cultural exhibits, agricultural exhibits and similar activities.
    18     Section 2.  This act shall take effect in 60 days.








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