THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, BARRAR, BELFANTI, BEYER, CALTAGIRONE, FREEMAN, GEORGE, GODSHALL, GOODMAN, GRELL, HENNESSEY, KORTZ, LONGIETTI, MANDERINO, MELIO, MILLARD, MILLER, O'NEILL, PAYNE, PICKETT, PYLE, K. SMITH, SOLOBAY AND YOUNGBLOOD, MARCH 6, 2009

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 6, 2009  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

authorizing certain bed and breakfast homesteads or inns to

provide wine to its paying guests.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 406(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14), is amended by adding a paragraph

to read:

Section 406.  Sales by Liquor Licensees; Restrictions.--(a)

* * *

(7)  (i)  Notwithstanding any provision of this act to the

contrary, the act of any bed and breakfast homestead or inn

providing wine to its paying guests while in an overnight status

shall not be construed as the direct or indirect sale of

alcohol.

(ii)  For purposes of this section, a "bed and breakfast

homestead or inn" shall mean a private residence which contains

ten or fewer bedrooms used for providing overnight

accommodations to the public and in which breakfast is the only

meal served and is included in the charge for the room.

* * *

Section 2.  This act shall take effect immediately.