THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, LOGAN, FONTANA, MUSTO, M. WHITE, EARLL AND MENSCH, MARCH 29, 2010

REFERRED TO LAW AND JUSTICE, MARCH 29, 2010  

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,"

further providing for definitions, for authority to issue

liquor licenses to hotels, restaurants and clubs, for

issuance, transfer or extension of hotel, restaurant and club

liquor licenses and for sale of malt or brewed beverages by

liquor licensee; providing for food store licenses; further

providing for malt and brewed beverages manufacturers',

distributors' and importing distributors' licenses, for malt

and brewed beverages retail licenses, for prohibitions

against the grant of licenses, for retail dispensers'

restrictions on purchases and sales, for limiting number of

retail licenses to be issued in each county, for licenses not

assignable and transfers, for unlawful acts relative to

liquor, malt and brewed beverages and licensees and for

premises to be vacated by patrons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "case" and "retail dispenser"

in section 102 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) and amended July 7, 2006 (P.L.584, No.84), are

amended and the section is amended by adding definitions to

read:

Section 102.  Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Case" shall mean a package prepared by the manufacturer for

sale or distribution [of twelve or more original containers

totaling two hundred sixty-four or more fluid ounces of malt or

brewed beverages excepting those packages] containing [twenty-

four] six or more original containers each holding seven fluid

ounces or more of malt or brewed beverages. 

* * *

"Convenience store" shall mean a reputable place operated by

persons of good repute who may sell liquid fuels for use in

motor vehicles, which primarily sells food and nonfood items on

the premises and which has an area under one roof of one

thousand (1,000) square feet or more.

* * * 

"Grocery store" shall mean a reputable place operated by

persons of good repute, which primarily sells food items on the

premises and which has an area under one roof of ten thousand

(10,000) square feet or more.

* * *

"Retail dispenser" shall mean any person licensed under

section 432 to engage in the retail sale of malt or brewed

beverages [for consumption on the premises of such licensee,

with the privilege of selling malt or brewed beverages in

quantities not in excess of one hundred ninety-two fluid ounces

in a single sale to one person, to be carried from the premises

by the purchaser thereof].

* * *

Section 2.  Section 401(a) of the act, amended July 6, 2005

(P.L.135, No.39), is amended to read:

Section 401.  Authority to Issue Liquor Licenses to Hotels,

Restaurants and Clubs.--(a)  Subject to the provisions of this

act and regulations promulgated under this act, the board shall

have authority to issue a retail liquor license for any premises

kept or operated by a hotel, restaurant or club and specified in

the license entitling the hotel, restaurant or club to purchase

liquor from a Pennsylvania Liquor Store and to keep on the

premises such liquor and, subject to the provisions of this act

and the regulations made thereunder, to sell the same and also

malt or brewed beverages to guests, patrons or members for

consumption on the hotel, restaurant or club premises. Such

licensees, other than clubs, shall be permitted to sell malt or

brewed beverages for consumption off the premises [where sold in

quantities of not more than one hundred ninety-two fluid ounces

in a single sale to one person] as provided for in section 407.

Such licenses shall be known as hotel liquor licenses,

restaurant liquor licenses and club liquor licenses,

respectively. No person who holds, either by appointment or

election, any public office which involves the duty to enforce

any of the penal laws of the United States of America or the

penal laws of the Commonwealth of Pennsylvania or any penal

ordinance or resolution of any political subdivision of this

Commonwealth shall be issued any hotel or restaurant liquor

license, nor shall such a person have any interest, directly or

indirectly, in any such license.

* * *

Section 3.  Section 404 of the act, amended January 6, 2006

(P.L.1, No.1), is amended to read:

Section 404.  Issuance, Transfer or Extension of Hotel,

Restaurant and Club Liquor Licenses.--Upon receipt of the

application and the proper fees, and upon being satisfied of the

truth of the statements in the application that the applicant is

the only person in any manner pecuniarily interested in the

business so asked to be licensed and that no other person will

be in any manner pecuniarily interested therein during the

continuance of the license, except as hereinafter permitted, and

that the applicant is a person of good repute, that the premises

applied for meet all the requirements of this act and the

regulations of the board, that the applicant seeks a license for

a hotel, restaurant or club, as defined in this act, and that

the issuance of such license is not prohibited by any of the

provisions of this act, the board shall, in the case of a hotel

or restaurant, grant and issue to the applicant a liquor

license, and in the case of a club may, in its discretion, issue

or refuse a license: Provided, however, That in the case of any

new license or the transfer of any license to a new location or

the extension of an existing license to cover an additional area

the board may, in its discretion, grant or refuse such new

license, transfer or extension if such place proposed to be

licensed is within three hundred feet of any church, hospital,

charitable institution, school, or public playground, or if such

new license, transfer or extension is applied for a place which

is within two hundred feet of any other premises which is

licensed by the board: And provided further, That the board's

authority to refuse to grant a license because of its proximity

to a church, hospital, charitable institution, public playground

or other licensed premises shall not be applicable to license

applications submitted for public venues or performing arts

facilities: And provided further, That the board shall refuse

any application for a new license, the transfer of any license

to a new location or the extension of an existing license to

cover an additional area if, in the board's opinion, such new

license, transfer or extension would be detrimental to the

welfare, health, peace and morals of the inhabitants of the

neighborhood within a radius of five hundred feet of the place

proposed to be licensed: And provided further, That the board

shall have the discretion to refuse a license to any person or

to any corporation, partnership or association if such person,

or any officer or director of such corporation, or any member or

partner of such partnership or association shall have been

convicted or found guilty of a felony within a period of five

years immediately preceding the date of application for the said

license. [The board shall refuse any application for a new

license, the transfer of any license to a new location or the

extension of any license to cover an additional area where the

sale of liquid fuels or oil is conducted.] The board may enter

into an agreement with the applicant concerning additional

restrictions on the license in question. If the board and the

applicant enter into such an agreement, such agreement shall be

binding on the applicant. Failure by the applicant to adhere to

the agreement will be sufficient cause to form the basis for a

citation under section 471 and for the nonrenewal of the license

under section 470. If the board enters into an agreement with an

applicant concerning additional restrictions, those restrictions

shall be binding on subsequent holders of the license until the

license is transferred to a new location or until the board

enters into a subsequent agreement removing those restrictions.

If the application in question involves a location previously

licensed by the board, then any restrictions imposed by the

board on the previous license at that location shall be binding

on the applicant unless the board enters into a new agreement

rescinding those restrictions. The board may, in its discretion,

refuse an application for an economic development license under

section 461(b.1) or an application for an intermunicipal

transfer of a license if the board receives a protest from the

governing body of the receiving municipality. The receiving

municipality of an intermunicipal transfer or an economic

development license under section 461(b.1) may file a protest

against the transfer of a license into its municipality, and the

receiving municipality shall have standing in a hearing to

present testimony in support of or against the issuance or

transfer of a license. Upon any opening in any quota, an

application for a new license shall only be filed with the board

for a period of six months following said opening.

Section 4.  Section 407(a) of the act, amended July 7, 2006

(P.L.584, No.84), is amended to read:

Section 407.  Sale of Malt or Brewed Beverages by Liquor

Licensees.--(a)  Every liquor license issued to a hotel,

restaurant, club, or a railroad, pullman or steamship company

under this subdivision (A) for the sale of liquor shall

authorize the licensee to sell malt or brewed beverages at the

same places but subject to the same restrictions and penalties

as apply to sales of liquor, except that licensees other than

clubs may sell malt or brewed beverages for consumption off the

premises where sold [in quantities of not more than one hundred

ninety-two fluid ounces in a single sale to one person]. Single

packages of one hundred twenty-eight fluid ounces or more as

prepared for the market by the manufacturer at the place of

manufacture may not be sold for consumption off the premises,

where sold.  No licensee under this subdivision (A) shall at the

same time be the holder of any other class of license, except a

retail dispenser's license authorizing the sale of malt or

brewed beverages only.

Section 5.  The act is amended by adding a section to read:

Section 415.  Food Store Licenses.--(a)  The board is

authorized to issue a food store license to the operator of a

grocery store or a convenience store, who has applied for or

possesses a restaurant liquor or eating place retail dispenser

license or who has applied for a distributor or importing

distributor license. A restaurant liquor or eating place retail

dispenser license applied for or granted for the purpose of

economic development or which is not subject to the quota

restrictions of section 461 may not be used to authorize the

issuance of a food store license.

(b)  The application, renewal and filing fees for a food

store license shall be as prescribed for a restaurant liquor

license in section 614-A(19) of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."

In addition, if the applicant is a grocery store with ten

thousand (10,000) square feet or more under one roof, then the

initial application and any subsequent transfer application

shall be subject to a surcharge of $25,000; otherwise, if the

applicant is a convenience store or a grocery store with less

than ten thousand (10,000) square feet under one roof, then the

initial application and any subsequent transfer application

shall be subject to a surcharge of $10,000. In addition, a food

store license shall be subject to a yearly surcharge of $2,500.

All surcharges collected under this section shall be transferred

to the enforcement bureau as part of its annual appropriation,

to be used to combat underage drinking.

(c)  Upon being satisfied that the applicant meets all the

requirements in this act and the board's regulations, the board

shall issue the applicant a food store license upon the

surrender by the applicant of its restaurant liquor or eating

place retail dispenser license or distributor or importing

distributor license.

(d)  Licenses issued under this section shall be considered

restaurant liquor licenses subject to the following additional

restrictions and privileges:

(1)  License holders may sell malt or brewed beverages for

consumption off the premises between the hours of 8:00 a.m. and

11:00 p.m. on Mondays through Saturdays. License holders may

sell malt or brewed beverages for consumption off the premises

between the hours of noon and 5:00 p.m. on Sundays upon

acquiring the Sunday sales permit available to restaurant liquor

license holders.

(2)  License holders are not subject to the definition of a

"restaurant" unless they wish to sell alcohol for on the

premises consumption. Sales of alcohol for on the premises

consumption may occur at the same hours as any other restaurant

liquor license holder.

(3)  License holders shall not be allowed to provide

entertainment as otherwise authorized by the special permit

available under section 493(10).

(4)  License holders shall not be subject to section 493(14)

as it relates to minors frequenting the licensed premises,

except section 493(14) shall apply in those areas licensed for

on the premises sale, service, storage or consumption of

alcohol.

(5)  License holders shall not be subject to the prohibition

on cashing certain checks set forth in section 493(15).

(6)  License holders shall not be subject to the cost and

total display area limitations of section 493(20)(i).

(7)  Sales of malt or brewed beverages for off the premises

consumption may be paid for at any register designated by the

license holder and such register may also be used to pay for

other items sold by the license holder. Sales of alcohol for on

the premises consumption may only be paid for at a register or

registers located within the area designated as the area at

which on the premises consumption of alcohol may occur.

Section 6.  Section 431(b) of the act, amended December 8,

2004 (P.L.1810, No.239), is amended to read:

Section 431.  Malt and Brewed Beverages Manufacturers',

Distributors' and Importing Distributors' Licenses.--* * *

(b)  (1)  The board shall issue to any reputable person who

applies therefor, and pays the license fee hereinafter

prescribed, a distributor's or importing distributor's license

for the place which such person desires to maintain for the sale

of malt or brewed beverages, not for consumption on the premises

where sold, and in quantities of not less than a case or

original containers containing one hundred twenty-eight ounces

or more which may be sold separately as prepared for the market

by the manufacturer at the place of manufacture. The board shall

have the discretion to refuse a license to any person or to any

corporation, partnership or association if such person, or any

officer or director of such corporation, or any member or

partner of such partnership or association shall have been

convicted or found guilty of a felony within a period of five

years immediately preceding the date of application for the said

license: And provided further, That, in the case of any new

license or the transfer of any license to a new location, the

board may, in its discretion, grant or refuse such new license

or transfer if such place proposed to be licensed is within

three hundred feet of any church, hospital, charitable

institution, school or public playground, or if such new license

or transfer is applied for a place which is within two hundred

feet of any other premises which is licensed by the board: And

provided further, That the board shall refuse any application

for a new license or the transfer of any license to a new

location if, in the board's opinion, such new license or

transfer would be detrimental to the welfare, health, peace and

morals of the inhabitants of the neighborhood within a radius of

five hundred feet of the place proposed to be licensed. [The

board shall refuse any application for a new license or the

transfer of any license to a location where the sale of liquid

fuels or oil is conducted.] The board may enter into an

agreement with the applicant concerning additional restrictions

on the license in question. If the board and the applicant enter

into such an agreement, such agreement shall be binding on the

applicant. Failure by the applicant to adhere to the agreement

will be sufficient cause to form the basis for a citation under

section 471 and for the nonrenewal of the license under section

470. If the board enters into an agreement with an applicant

concerning additional restrictions, those restrictions shall be

binding on subsequent holders of the license until the license

is transferred to a new location or until the board enters into

a subsequent agreement removing those restrictions. If the

application in question involves a location previously licensed

by the board, then any restrictions imposed by the board on the

previous license at that location shall be binding on the

applicant unless the board enters into a new agreement

rescinding those restrictions. The board shall require notice to

be posted on the property or premises upon which the licensee or

proposed licensee will engage in sales of malt or brewed

beverages. This notice shall be similar to the notice required

of hotel, restaurant and club liquor licensees.

(2)  Except as hereinafter provided, such license shall

authorize the holder thereof to sell or deliver malt or brewed

beverages in quantities above specified anywhere within the

Commonwealth of Pennsylvania, which, in the case of

distributors, have been purchased only from persons licensed

under this act as manufacturers or importing distributors, and

in the case of importing distributors, have been purchased from

manufacturers or persons outside this Commonwealth engaged in

the legal sale of malt or brewed beverages or from manufacturers

or importing distributors licensed under this article. In the

case of an importing distributor, the holder of such a license

shall be authorized to store and repackage malt or brewed

beverages owned by a manufacturer at a segregated portion of a

warehouse or other storage facility authorized by section 441(d)

and operated by the importing distributor within its appointed

territory and deliver such beverages to another importing

distributor who has been granted distribution rights by the

manufacturer as provided herein. The importing distributor shall

be permitted to receive a fee from the manufacturer for any

related storage, repackaging or delivery services. In the case

of a bailee for hire hired by a manufacturer, the holder of such

a permit shall be authorized: to receive, store and repackage

malt or brewed beverages  produced by that manufacturer for sale

by that manufacturer to importing distributors to whom that

manufacturer has given distribution rights pursuant to this

subsection or to purchasers outside this Commonwealth for

delivery outside this Commonwealth; or to ship to that

manufacturer's storage facilities outside this Commonwealth. The

bailee for hire shall be permitted to receive a fee from the

manufacturer for any related storage, repackaging or delivery

services. The bailee for hire shall, as required in Article V of

this act, keep complete and accurate records of all

transactions, inventory, receipts and shipments and make all

records and the licensed areas available for inspection by the

board and for the Pennsylvania State Police, Bureau of Liquor

Control Enforcement, during normal business hours.

(3)  Each out of State manufacturer of malt or brewed

beverages whose products are sold and delivered in this

Commonwealth shall give distributing rights for such products in

designated geographical areas to specific importing

distributors, and such importing distributor shall not sell or

deliver malt or brewed beverages manufactured by the out of

State manufacturer to any person issued a license under the

provisions of this act whose licensed premises are not located

within the geographical area for which he has been given

distributing rights by such manufacturer. Should a licensee

accept the delivery of such malt or brewed beverages in

violation of this section, said licensee shall be subject to a

suspension of his license for at least thirty days: Provided,

That the importing distributor holding such distributing rights

for such product shall not sell or deliver the same to another

importing distributor without first having entered into a

written agreement with the said secondary importing distributor

setting forth the terms and conditions under which such products

are to be resold within the territory granted to the primary

importing distributor by the manufacturer.

(4)  When a Pennsylvania manufacturer of malt or brewed

beverages licensed under this article names or constitutes a

distributor or importing distributor as the primary or original

supplier of his product, he shall also designate the specific

geographical area for which the said distributor or importing

distributor is given distributing rights, and such distributor

or importing distributor shall not sell or deliver the products

of such manufacturer to any person issued a license under the

provisions of this act whose licensed premises are not located

within the geographical area for which distributing rights have

been given to the distributor and importing distributor by the

said manufacturer: Provided, That the importing distributor

holding such distributing rights for such product shall not sell

or deliver the same to another importing distributor without

first having entered into a written agreement with the said

secondary importing distributor setting forth the terms and

conditions under which such products are to be resold within the

territory granted to the primary importing distributor by the

manufacturer. Nothing herein contained shall be construed to

prevent any manufacturer from authorizing the importing

distributor holding the distributing rights for a designated

geographical area from selling the products of such manufacturer

to another importing distributor also holding distributing

rights from the same manufacturer for another geographical area,

providing such authority be contained in writing and a copy

thereof be given to each of the importing distributors so

affected.

* * *

Section 7.  Section 432(d) of the act, amended January 6,

2006 (P.L.1, No.1), is amended to read:

Section 432.  Malt and Brewed Beverages Retail Licenses.--* *

*

(d)  The board shall, in its discretion, grant or refuse any

new license, the transfer of any license to a new location or

the extension of an existing license to cover an additional area

if such place proposed to be licensed is within three hundred

feet of any church, hospital, charitable institution, school, or

public playground, or if such new license, transfer or extension

is applied for a place which is within two hundred feet of any

other premises which is licensed by the board. The board shall

refuse any application for a new license, the transfer of any

license to a new location or the extension of an existing

license to cover an additional area if, in the board's opinion,

such new license, transfer or extension would be detrimental to

the welfare, health, peace and morals of the inhabitants of the

neighborhood within a radius of five hundred feet of the place

to be licensed. The board may enter into an agreement with the

applicant concerning additional restrictions on the license in

question. If the board and the applicant enter into such an

agreement, such agreement shall be binding on the applicant.

Failure by the applicant to adhere to the agreement will be

sufficient cause to form the basis for a citation under section

471 and for the nonrenewal of the license under section 470. If

the board enters into an agreement with an applicant concerning

additional restrictions, those restrictions shall be binding on

subsequent holders of the license until the license is

transferred to a new location or until the board enters into a

subsequent agreement removing those restrictions. If the

application in question involves a location previously licensed

by the board, then any restrictions imposed by the board on the

previous license at that location shall be binding on the

applicant unless the board enters into a new agreement

rescinding those restrictions[. The board shall refuse any

application for a new license, the transfer of any license to a

location where the sale of liquid fuels or oil is conducted or

the extension of an existing license to cover an additional

area]: And provided further, That the board shall have the

discretion to refuse a license to any person or to any

corporation, partnership or association if such person, or any

officer or director of such corporation, or any member or

partner of such partnership or association shall have been

convicted or found guilty of a felony within a period of five

years immediately preceding the date of application for the said

license. The board may, in its discretion, refuse an application

for an economic development license under section 461(b.1) or an

application for an intermunicipal transfer or a license if the

board receives a protest from the governing body of the

receiving municipality. The receiving municipality of an

intermunicipal transfer or an economic development license under

section 461(b.1) may file a protest against the approval for

issuance of a license for economic development or an

intermunicipal transfer of a license into its municipality, and

such municipality shall have standing in a hearing to present

testimony in support of or against the issuance or transfer of a

license. Upon any opening in any quota, an application for a new

license shall only be filed with the board for a period of six

months following said opening.

* * *

Section 8.  Section 437(f) of the act, amended December 7,

1990 (P.L.622, No.160), is amended to read:

Section 437.  Prohibitions Against the Grant of Licenses.--*

* *

(f)  (1)  No new distributor's or importing distributor's

license shall hereafter be granted by the board in any county of

the Commonwealth where the combined number of distributor and

importing distributor licenses and food service licenses that

have been issued in exchange for distributor or importing

distributor licenses exceeds one license for each thirty

thousand inhabitants of the county in which the license is to be

issued: Provided, That a combined total of five such licenses

may be granted in any county of the Commonwealth.

(2)  Nothing in this subsection shall be construed as denying

the right of the board to renew or to transfer existing

distributors' [or], importing distributors' or food store 

licenses or to exchange a distributor's license for an importing

distributor's license or to exchange an importing distributor's

license for a distributor's license, or to exchange a

distributor's or importing distributor's license for a food

store license upon [adjustment] payment of the applicable fee,

notwithstanding that the number of such licensed places in the

county shall exceed the limitation hereinbefore prescribed:

Provided, That no distributor's license or importing

distributor's license shall be transferred from one county to

another county so long as the quota is filled in the county to

which the license is proposed to be transferred.

Section 9.  Section 442(a)(1) of the act, amended November

29, 2006 (P.L.1421, No.155), is amended to read:

Section 442.  Retail Dispensers' Restrictions on Purchases

and Sales.--(a)  (1)  No retail dispenser shall purchase or

receive any malt or brewed beverages except in original

containers as prepared for the market by the manufacturer at the

place of manufacture. The retail dispenser may thereafter break

the bulk upon the licensed premises and sell or dispense the

same for consumption on or off the premises so licensed:

Provided, however, That [no] a retail dispenser may sell malt or

brewed beverages for consumption off the premises [in quantities

in excess of one hundred ninety-two fluid ounces] regardless of

whether it sells for consumption on the licensed premises:

Provided, further, That single packages of one hundred twenty-

eight fluid ounces or more as prepared for the market by the

manufacturer at the place of manufacture may not be sold for

consumption off the premises where sold: Provided, further, That

no club licensee may sell any malt or brewed beverages for

consumption off the premises where sold or to persons not

members of the club.

* * *

Section 10.  Section 461(a) of the act, amended February 21,

2002 (P.L.103, No.10), is amended to read:

Section 461.  Limiting Number of Retail Licenses To Be Issued

In Each County.--(a)  No additional restaurant, eating place

retail dispenser or club licenses shall be issued within a

county if the total number of restaurant and eating place retail

dispenser licenses and food store licenses that have been issued

in exchange for restaurant and eating place retail dispenser

licenses is greater than one license for each three thousand

inhabitants in the county, except the board may issue licenses

to public venues, performing arts facilities, continuing care

retirement communities, airport restaurants, municipal golf

courses, hotels, privately-owned private golf courses,

privately-owned public golf courses, racetracks, automobile

racetracks, nonprimary pari-mutuel wagering locations and to any

other entity which this act specifically exempts from the

limitations provided in this section, and the board may issue a

license to a club situated in a borough having a population less

than eight thousand inhabitants which is located in a county of

the second class A whose application is filed on or before

February 28, 2001. In addition, the board may issue an eating

place retail dispenser license for on-premises sales only to the

owner or operator of a facility having a minimum of a one-half

mile asphalt track and having a permanent seating capacity of at

least six thousand people used principally for holding

automobile races, regardless of the number of restaurant and

eating place retail dispenser licenses already issued in that

county. When determining the number of restaurant and eating

place retail dispenser licenses issued in a county for the

purposes of this section, licenses exempted from this limitation

and club licenses shall not be considered. Inhabitants of dry

municipalities shall be considered when determining the

population in a county. Licenses shall not be issued or

transferred into municipalities where such licenses are

prohibited pursuant to local referendum in accordance with

section 472. Licenses approved for intermunicipal transfer may

not be transferred from the receiving municipality for a period

of five years after the date that the licensed premises are

operational in the receiving municipality. 

* * *

Section 11.  Section 468(a)(3) of the act, amended December

20, 2000 (P.L.992, No.141), is amended to read:

Section 468.  Licenses Not Assignable; Transfers.--(a)  * * *

(3)  [No license shall be transferred to any place or

property upon which is located as a business the sale of liquid

fuels and oil.] Except in cases of emergency such as death,

serious illness, or circumstances beyond the control of the

licensee, as the board may determine such circumstances to

justify its action, transfers of licenses may be made only at

times fixed by the board. In the case of the death of a

licensee, the board may transfer the license to the surviving

spouse or personal representative or to a person designated by

him. From any refusal to grant a transfer or upon the grant of

any transfer, the party aggrieved shall have the right of appeal

to the proper court in the manner hereinbefore provided.

* * *

Section 12.  Section 493(10), (14) and (15) of the act,

amended December 20, 2000 (P.L.992, No.141) and May 8, 2003

(P.L.1, No.1), are amended and the section is amended by adding

a clause to read:

Section 493.  Unlawful Acts Relative to Liquor, Malt and

Brewed Beverages and Licensees.--The term "licensee," when used

in this section, shall mean those persons licensed under the

provisions of Article IV, unless the context clearly indicates

otherwise.

It shall be unlawful--

* * *

(10)  Entertainment on Licensed Premises (Except Clubs);

Permits; Fees. For any licensee, his servants, agents or

employes, except club licensees, public venue licensees or

performing arts facility licensees, to permit in any licensed

premises or in any place operated in connection therewith,

dancing, theatricals or floor shows of any sort, or moving

pictures other than television, or such as are exhibited through

machines operated by patrons by the deposit of coins, which

project pictures on a screen not exceeding in size twenty-four

by thirty inches and which forms part of the machine, unless the

licensee shall first have obtained from the board a special

permit to provide such entertainment, or for any licensee, under

any circumstances, to permit in any licensed premises or in any

place operated in connection therewith any lewd, immoral or

improper entertainment, regardless of whether a permit to

provide entertainment has been obtained or not. The special

permit may be used only during the hours when the sale of liquor

or malt or brewed beverages is permitted, and between eleven

o'clock antemeridian on Sunday and two o'clock antemeridian on

the following Monday, regardless of whether the licensee

possesses a Sunday sales permit. The board shall have power to

provide for the issue of such special permits, and to collect an

annual fee for such permits as prescribed in section 614-A of

the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929." All such fees shall be paid into

the State Stores Fund. No such permit shall be issued in any

municipality which, by ordinance, prohibits amusements in

licensed places. Any violation of this clause shall, in addition

to the penalty herein provided, subject the licensee to

suspension or revocation of his permit and his license. No

entertainment otherwise authorized by the special permit shall

be permitted at a licensed grocery store or convenience store

and no special permit may be issued to the holder of a food

store license.

* * *

(14)  Permitting Undesirable Persons or Minors to Frequent

Premises. For any hotel, restaurant or club liquor licensee, or

any retail dispenser, his servants, agents or employes, to

permit persons of ill repute or prostitutes to frequent his

licensed premises or any premises operated in connection

therewith. Minors may only frequent licensed premises if: (a)

they are accompanied by a parent; (b) they are accompanied by a

legal guardian; (c) they are under proper supervision; (d) they

are attending a social gathering; or (e) the hotel, restaurant

or retail dispenser licensee has gross sales of food and

nonalcoholic beverages equal to fifty per centum or more of its

combined gross sale of both food and alcoholic beverages. If a

minor is frequenting a hotel, restaurant or retail dispenser

licensee under subsection (e), then the minor may not sit at the

bar section of the premises, nor may any alcoholic beverages be

served at the table or booth at which the said minor is seated

unless said minor is with a parent, legal guardian or under

proper supervision. Further, if a hotel, restaurant, club liquor

licensee or retail dispenser is hosting a social gathering under

subsection (d), then written notice at least forty-eight hours

in advance of such gathering shall be given to the Bureau of

Enforcement. If a minor is frequenting licensed premises with

proper supervision under subsection (c), each supervisor can

supervise up to twenty minors, except for premises located in

cities of the first class, where each supervisor can supervise

up to five minors. Notwithstanding any other provisions of this

section, if the minors are on the premises as part of a school-

endorsed function, then each supervisor can supervise fifty

minors. Nothing in this clause shall be construed to make it

unlawful for minors to frequent public venues or performing arts

facilities or for minors to frequent those portions of a grocery

store or convenience store that are not licensed for the on the

premises consumption of alcohol.

(15)  Cashing Pay Roll, Public Assistance, Unemployment

Compensation or Any Other Relief Checks. For any licensee,

except a food store licensee, or his servants, agents or

employes to cash pay roll checks or to cash, receive, handle or

negotiate in any way Public Assistance, Unemployment

Compensation or any other relief checks.

* * *

(32)  Selling malt or brewed beverages for off the premises

consumption without verification of identity. For any licensee

to sell malt or brewed beverages for off the the premises

consumption to a person not licensed by this act, without first

verifying the identity of the purchaser by requiring the person

to produce one of the forms of identification set forth in

section 495.

Section 13.  Section 499(a.1) of the act, amended October 5,

1994 (P.L.522, No.77), is amended to read:

Section 499.  Premises to be Vacated by Patrons.--* * *

(a.1)  Subsection (a) shall not apply to sales of malt and

brewed beverages for consumption off the premises when the

following conditions are met:

[(1)  no licensee may sell malt or brewed beverages in excess

of one hundred ninety-two fluid ounces in any one sale for

consumption off the premises;]

(2)  sales and service of malt and brewed beverages for

consumption off the premises are made prior to the designated

time the licensee is required by this act to cease serving

liquor, malt or brewed beverages;

(3)  persons who have purchased malt and brewed beverages for

consumption off the premises shall remove the malt and brewed

beverages from the premises by the designated time as contained

in this act that patrons are required to vacate the premises;

(4)  no club licensee may sell any malt or brewed beverage

for consumption off the premises where sold or to any persons

who are not members of the club.

* * *

Section 14.  This act shall take effect in 60 days.