SENATE AMENDED
PRIOR PRINTER'S NOS. 1609, 1906, 2169 PRINTER'S NO. 2280
No. 1462 Session of 1993
INTRODUCED BY SCRIMENTI, DONATUCCI, BEBKO-JONES, CAPPABIANCA,
BOYES, MERRY, KUKOVICH, TRICH, DALEY, HERSHEY, BELFANTI,
MILLER, HECKLER, VEON, STURLA, NICKOL, NYCE, WAUGH, SAYLOR,
SEMMEL, BARLEY, STABACK, RUDY, WOGAN, MAITLAND, JAMES, STEIL,
CLARK, NAILOR, PETRARCA AND KING, APRIL 27, 1993
SENATOR FUMO, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED,
JUNE 22, 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 PERMITTING CERTAIN SALES ON SUPER BOWL SUNDAYS; AND providing <--
18 for additional activities of limited wineries AND FOR MONEY <--
19 PAID INTO THE STATE STORES FUND.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 505.2 of the act of April 12, 1951 <--
23 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
24 June 29, 1987 (P.L.32, No.14), is amended to read:
1 SECTION 1. SECTION 406(A) OF THE ACT OF APRIL 12, 1951 <--
2 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED
3 JUNE 29, 1987 (P.L.32, NO.14), IS AMENDED BY ADDING A PARAGRAPH
4 TO READ:
5 SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--(A)
6 * * *
7 (7) NOTWITHSTANDING ANY PROVISIONS OF THIS ACT, ON THE
8 SUNDAY ON WHICH THE SPORTING EVENT COMMONLY REFERRED TO AS THE
9 "SUPER BOWL" IS CONDUCTED, LICENSEES WHO DO NOT POSSESS THE
10 SPECIAL ANNUAL PERMIT PROVIDED FOR IN PARAGRAPH (3), THEIR
11 SERVANTS, AGENTS OR EMPLOYES MAY SELL LIQUOR AND MALT OR BREWED
12 BEVERAGES ON SUCH SUNDAY AFTER ONE O'CLOCK POSTMERIDIAN AND
13 UNTIL TWO O'CLOCK ANTEMERIDIAN OF THE FOLLOWING DAY.
14 * * *
15 SECTION 2. SECTION 505.2 OF THE ACT IS AMENDED TO READ:
16 Section 505.2. Limited Wineries.--[Holders] In the interest
17 of promoting tourism and recreational development in
18 Pennsylvania, holders of a limited winery license may:
19 (1) Produce wines and wine coolers only from fruits grown in
20 Pennsylvania in an amount not to exceed two hundred thousand
21 (200,000) gallons per year.
22 (2) Sell wine and wine coolers produced by the limited
23 winery or purchased in bulk in bond from another Pennsylvania
24 limited winery on the licensed premises, under such conditions
25 and regulations as the board may enforce, to the board, to
26 individuals and to hotel, restaurant, club and public service
27 liquor licensees, and to Pennsylvania winery licensees:
28 Provided, That a limited winery shall not, in any calendar year,
29 purchase wine produced by other limited wineries in an amount in
30 excess of fifty per centum of the wine produced by the
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1 purchasing limited winery in the preceding calendar year.
2 (3) Separately or in conjunction with other limited
3 wineries, sell wine and wine coolers produced by the limited
4 winery on no more than five board-approved locations other than
5 the licensed premises, with no bottling or production
6 requirement at those additional board-approved locations and
7 under such conditions and regulations as the board may enforce,
8 to the board, to individuals and to hotel, restaurant, club and
9 public service liquor licensees.
10 (4) At the discretion of the board, obtain a special wine
11 permit to participate in wine and food expositions off the
12 licensed premises. A special wine permit shall be issued upon
13 proper application and payment of a fee of thirty dollars ($30)
14 per day for each day of permitted use, not to exceed five (5)
15 consecutive days. A limited winery may not obtain more than five
16 special wine permits in any calendar year. The total number of
17 days for all the permits may not exceed ten (10) days in any
18 calendar year. A special wine permit shall entitle the holder to
19 engage in the sale of wine produced by the bottle or in case
20 lots by the permittee under the authority of a limited winery
21 license. Holders of special wine permits may provide tasting
22 samples of wines in individual portions not to exceed one fluid
23 ounce. Samples at wine and food expositions may be sold or
24 offered free of charge. Except as provided herein, limited
25 wineries utilizing special wine permits shall be governed by all
26 applicable provisions of this act as well as by all applicable
27 regulations or conditions adopted by the board.
28 For the purposes of this clause, wine and food expositions
29 are defined as affairs held indoors or outdoors with the primary
30 intent of educating those in attendance of the availability,
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1 nature and quality of Pennsylvania-produced wines in conjunction
2 with suitable food displays, demonstrations and sales. Wine and
3 food expositions may also include activities other than wine and
4 food displays, including arts and crafts, musical activities,
5 cultural exhibits, agricultural exhibits and similar activities.
6 Section 2 3. This act shall take effect immediately. <--
7 SECTION 3. SECTION 802 OF THE ACT IS AMENDED BY ADDING A <--
8 SUBSECTION TO READ:
9 SECTION 802. MONEYS PAID INTO THE STATE STORES FUND FOR USE
10 OF THE COMMONWEALTH.--* * *
11 (F) ANY MONEYS IN THE STATE STORES FUND, FROM TIME TO TIME,
12 WHICH MAY NOT BE REQUIRED FOR ANY OF THE PURPOSES SPECIFIED IN
13 THIS ACT OR IN THE ACT OF DECEMBER 20, 1933 (SP.SESS., P.L.89,
14 NO.15), ENTITLED "AN ACT APPROPRIATING THE MONEYS IN THE STATE
15 STORES FUND," SHALL BE PAID OVER INTO THE GENERAL FUND, AND
16 SHALL BE AVAILABLE FOR THE PAYMENT OF APPROPRIATIONS MADE FROM
17 THE GENERAL FUND. THE PENNSYLVANIA LIQUOR CONTROL BOARD, WITH
18 THE APPROVAL OF THE GOVERNOR, SHALL, FROM TIME TO TIME, FIX THE
19 AMOUNT OF MONEY WHICH MAY BE SO PAID OVER INTO THE GENERAL FUND,
20 AND, BY ITS REQUISITION, SHALL DIRECT THE DEPARTMENT OF THE
21 AUDITOR GENERAL AND THE TREASURY DEPARTMENT TO TRANSFER SUCH
22 MONEYS FROM THE STATE STORES FUND TO THE GENERAL FUND. THE
23 PENNSYLVANIA LIQUOR CONTROL BOARD, SHALL, IMMEDIATELY UPON
24 VOTING TO PAY OVER ANY MONEYS FROM THE STATE STORES FUND TO THE
25 GENERAL FUND, NOTIFY THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
26 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND
27 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE
28 OF REPRESENTATIVES OF SUCH TRANSFER OF MONEYS.
29 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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