THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, GEIST, KORTZ, MUSTIO, READSHAW, SONNEY, SWANGER AND WAGNER, JANUARY 21, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 21, 2011  

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 sales by liquor

licensees and restrictions and for unlawful acts relative to

liquor, malt and brewed beverages and licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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), 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:

* * *

"Catered event" shall mean the furnishing of prepared foods

in conjunction with alcoholic beverages for the accommodation of

a group of people who made arrangements for the event at least

forty-eight hours in advance and is paid for and sponsored by a

third party.

* * *

"Happy hour" shall mean the period of time during which a

licensee discounts alcoholic beverages.

* * *

Section 2.  Section 406(a)(1) of the act, amended July 6,

2005 (P.L.135, No.39), is amended and the section is amended by

adding subsections to read:

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

(1)  Every hotel, restaurant or club liquor licensee may sell

liquor and malt or brewed beverages by the glass, open bottle or

other container, and in any mixture, for consumption only in

that part of the hotel or restaurant habitually used for the

serving of food to guests or patrons, or, in the case of a

restaurant, hotel or eating place licensee, at a catered event

off the licensed premises, or in a bowling alley that is

immediately adjacent to and under the same roof as a restaurant,

and in the case of hotels, to guests, and in the case of clubs,

to members, in their private rooms in the hotel or club. No club

licensee nor its officers, servants, agents or employes, other

than one holding a catering license, shall sell any liquor or

malt or brewed beverages to any person except a member of the

club. The holder of a restaurant license located in a hotel may

sell liquor or malt or brewed beverages for consumption in that

part of the restaurant habitually used for the serving of meals

to patrons and also to guests in private guest rooms in the

hotel. For the purpose of this paragraph, any person who is an

active member of another club which is chartered by the same

state or national organization shall have the same rights and

privileges as members of the particular club. For the purpose of

this paragraph, any person who is an active member of any

volunteer firefighting company, association or group of this

Commonwealth, whether incorporated or unincorporated, shall upon

the approval of any club composed of volunteer firemen licensed

under this act, have the same social rights and privileges as

members of such licensed club. For the purposes of this

paragraph, the term "active member" shall not include a social

member. Any club licensee which is either an incorporated unit

of a national veterans' organization or an affiliated

organization as defined in section 461.1 shall be permitted to

sell liquor or malt or brewed beverages to any active member of

another unit which is chartered by the same national veterans'

organization or to any member of a nationally chartered

auxiliary associated with the same national veterans'

organization.

* * *

(f)  The holder of a hotel license or a restaurant license

may sell up to three bottles of wine for consumption off the

licensed premises so long as the bottles of wine remain sealed.

For purposes of this subsection, "wine" shall have the meaning

given to it under section 488(i).

(g)  The holder of a hotel license, eating place license or a

restaurant license may use that license to hold a catered event

off the licensed premises and on otherwise unlicensed premises

where the licensee may sell wine, liquor and malt or brewed

beverages by the glass, open bottle or other container, and in

any mixture, for consumption on those premises solely used for

catering purposes so long as the liquor and malt or brewed

beverages were purchased in conjunction with a meal which will

be consumed on the catered premises. There shall be no

limitation on the number of off-premises catered events a

licensee may hold at any given time. At no time may an off-

premises catering permittee agree to hold a catered event that

includes the sale of alcohol at a location within a dry

municipality. In addition, the off-premises catering permittee

shall give the local police department or the Pennsylvania State

Police, if there is no local police department, written notice

at least forty-eight hours prior to each off-premises catered

event. Written notice shall consist of notifying the police of

the date, time and place of the impending sale of alcoholic

beverages.

(h)  The holder of a hotel license or a restaurant license or

an eating place license may have up to fourteen hours per week

during which the holder discounts the price of alcoholic

beverages. The licensee may use as many of the fourteen hours

per business day as the licensee chooses so long as the hours do

not exceed fourteen hours in any given week and so long as no

discounts are given between the hours of midnight and the legal

closing time.

Section 3.  Section 493(10) of the act, amended December 20,

2000 (P.L.992, No.141), is amended and the section is amended by

adding a paragraph 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, unless the licensee

holds an extended hours food license under section 499(b) which

license would allow the special permit to be used while the

establishment is open, 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.

* * *

(33)  Off-premises Catering Permit; Fees. For any licensee,

his servants, agents or employes to cater an event that includes

the sale and service of alcoholic beverages at a location other

than the licensed premises, unless the licensee shall first have

obtained from the board a special permit to provide such

catering services. Only those licensees currently holding a

valid restaurant, hotel or eating place license that has been

certified under the board's responsible alcohol management

program as required by section 471.1 shall be allowed to apply

for such a permit. The board shall have the power to provide for

the issue of such special permits to qualified licensees and to

collect an annual fee for such permits as prescribed in section

614-A of "The Administrative Code of 1929." All such fees shall

be paid into the State Stores Fund. Any violation of this act

shall subject the licensee to suspension or revocation of his

permit and preclude him from applying for a future off-premises

catering permit.

Section 4.  This act shall take effect in 60 days.