SENATE AMENDED
PRIOR PRINTER'S NOS. 3093, 3325 PRINTER'S NO. 3910
No. 2467 Session of 1994
INTRODUCED BY ITKIN, CESSAR, L. I. COHEN AND YANDRISEVITS,
JANUARY 25, 1994
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 15, 1994
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 secondary service areas, for wine auction
18 permits and for premises to be vacated by patrons.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 406.1 of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14), is amended to read:
24 Section 406.1. Secondary Service Area.--Upon application of
25 any restaurant, hotel, club, any stadium as described in section
1 408.9 or municipal golf course liquor licensee, and payment of
2 the appropriate fee, the board may approve a secondary service
3 area by extending the licensed premises to include one
4 additional permanent structure with dimensions of at least one
5 hundred seventy-five square feet, enclosed on three sides and
6 having adequate seating. Such secondary service area must be
7 located on property having a minimum area of one (1) acre, and
8 must be on land which is immediate, abutting, adjacent or
9 contiguous to the licensed premises with no intervening public
10 thoroughfare. In any stadium as described in section 408.9, only
11 malt or brewed beverages may be served. There shall be no
12 requirement that the secondary service area be physically
13 connected to the original licensed premises. In addition, there
14 shall be no requirement that the secondary service area be
15 located in the same municipality as the original licensed
16 premises: Provided, however, That the board shall not approve a
17 secondary service area in this case if that secondary service
18 area is located in any municipality where the granting of liquor
19 licenses has been prohibited as provided in this article.
20 Notwithstanding 40 Pa. Code § 7.21(c)(3), the licensee shall be
21 permitted to store, serve, sell or dispense food, liquor and
22 malt or brewed beverages at the board approved secondary service
23 area.
24 Section 2. The act is amended by adding a section to read:
25 Section 408.11. Wine Auction Permits.--(a) Upon application
26 of any nonprofit public television station which is a member of
27 the Pennsylvania Public Television Network, any orchestra
28 located in a county of the first or second class which is
29 operated by a nonprofit corporation or any museum located in a
30 county of the first or second class which is operated by a
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1 nonprofit corporation and upon payment of a fee of thirty
2 dollars ($30) per day, the board shall issue a wine auction
3 permit good for a period of not more than four consecutive or
4 nonconsecutive days per calendar year.
5 (b) Subject to clause (1) of section 493 of this act, such
6 wine auction permit shall authorize the permittee to sell, by
7 auction, wine by the bottle or case to any person on any day for
8 which the permit is issued: Provided, however, That such permit
9 shall only be issued in any city, borough, incorporated town or
10 township in which the sale of liquor and/or malt or brewed
11 beverages has been approved by the electorate. Any wine
12 purchased under this section shall not be consumed at the place
13 of purchase.
14 (c) The wine auction permit shall only be valid for the
15 number of days stated in the permit.
16 (d) Wine auction permits shall only be issued for use at an
17 event which is used by the permittee as a means of raising funds
18 for its operation.
19 (e) The hours during which the holder of a wine auction
20 permit may sell wine shall be limited to the hours set forth in
21 section 406 of this act which are applicable to hotel and
22 restaurant licensees: Provided, however, That wine auction
23 permittees may sell wine on Sunday between the hours of seven
24 o'clock antemeridian and until two o'clock antemeridian Monday.
25 (f) Wine auction permits may be issued for sales on premises
26 which are either licensed or unlicensed under this act.
27 (g) Any wine sold under this section shall be purchased from
28 a Pennsylvania Liquor Store, a Pennsylvania limited winery or
29 any seller authorized to sell wine by the bottle or case in this
30 Commonwealth or shall be donated by a person who is neither a
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1 licensee nor a permittee who has legally acquired the wine and
2 legally possesses it in this Commonwealth.
3 (h) If any wine sold under this section is purchased from a
4 seller other than a Pennsylvania Liquor Store or a Pennsylvania
5 limited winery, the permittee shall provide thirty days' notice
6 to the board of its intent to purchase such wine. The notice
7 shall include a description of the wine to be purchased, the
8 quantity to be purchased, the name of the seller and any other
9 information which the board may require. The permittee shall
10 comply with all board regulations regarding taxes and fees.
11 (i) The permittee shall be responsible for paying to the
12 board an amount equal to all taxes which would have been paid on
13 such wine if it had been purchased from a Pennsylvania Liquor
14 Store, together with a processing fee to be determined by the
15 board.
16 (j) The price of any wine sold or to be sold under this <--
17 section shall not be broadcast by way of radio, television or
18 print media.
19 (J) AS A CONDITION OF THE PERMIT, THE PERMITTEE SHALL NOT <--
20 BROADCAST BY WAY OF RADIO OR TELEVISION OR DISSEMINATE BY PRINT
21 MEDIA NOR CAUSE THE BROADCAST BY WAY OF RADIO, TELEVISION OR
22 DISSEMINATION BY THE PRINT MEDIA OF THE PRICE OF ANY WINE SOLD
23 OR TO BE SOLD UNDER THIS SECTION.
24 (k) Any person selling wine in violation of this section
25 shall, upon summary conviction, be sentenced to pay a fine of
26 two hundred fifty dollars ($250) for the first offense and a
27 fine of five hundred dollars ($500) for each subsequent offense.
28 This fine shall be in addition to any other penalty imposed by
29 law for the illegal sale of liquor or malt or brewed beverages.
30 (l) "Auction," as used in this section, shall mean the offer
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1 to sell wine by the permittee to the members of an audience
2 congregated for the purpose of making bids for the purchase of
3 the wine in an effort by the permittee to advance the amount of
4 the bids to obtain the highest or most favorable offer.
5 Section 3. Section 499(b) of the act, added December 7, 1990
6 (P.L.622, No.160), is amended to read:
7 Section 499. Premises to be Vacated by Patrons.--* * *
8 (b) A licensee may [serve food] remain open between the
9 hours of two o'clock antemeridian and seven o'clock antemeridian
10 for the purpose of serving food on any day if such licensee
11 either possesses or is eligible to purchase a Sunday sales
12 permit [in accordance with section 406] and receives an extended
13 hours food license. The board shall establish an annual fee for
14 the extended hours food license which shall not exceed fifty
15 dollars ($50).
16 * * *
17 Section 4. This act shall take effect immediately.
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