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| PRIOR PRINTER'S NO. 194 | PRINTER'S NO. 1540 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, BARRAR, COHEN, D. COSTA, GROVE, HENNESSEY, KORTZ, MANN, MUSTIO, PAYTON, PYLE, REICHLEY, STURLA, TOEPEL, VULAKOVICH, HARHAI, MILLER, SONNEY AND KILLION, JANUARY 26, 2011 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 13, 2011 |
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| AN ACT |
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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 | further providing for distilleries. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 505.4 of the act of April 12, 1951 |
21 | (P.L.90, No.21), known as the Liquor Code, reenacted and amended |
22 | June 29, 1987 (P.L.32, No.14) and added December 8, 2004 |
23 | (P.L.1810, No.239), is amended to read: |
24 | Section 505.4. Distilleries.--(a) The board may issue a |
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1 | distillery of historical significance license to any distillery |
2 | which was established prior to January 1, 1875. The holder of |
3 | the license may manufacture and sell liquor produced on the |
4 | licensed premises to the board, to entities licensed by the |
5 | board and to the public under such conditions and regulations as |
6 | the board may enforce. Production at the distillery of |
7 | historical significance shall be limited to an amount not to |
8 | exceed twenty thousand (20,000) gallons per year. The distillery |
9 | does not need to establish continuous operation since January 1, |
10 | 1875, in order to qualify for a license under this section. |
11 | (b) (1) The board may issue a limited distillery license |
12 | that will allow the holder thereof to operate a distillery that |
13 | shall not exceed production of forty thousand (40,000) gallons |
14 | of distilled liquor per year. The holder of the license may |
15 | manufacture and sell bottled liquors produced on the licensed |
16 | premises to the board, to entities licensed by the board and to | <-- |
17 | the public between the hours of nine o'clock antemeridian and |
18 | nine o'clock postmeridian so long as a specific code of | <-- |
19 | distilled liquor which is listed for sale as a stock item by the |
20 | board in State liquor stores may not be offered for sale at a |
21 | licensed limited distillery location at a price which is lower |
22 | than that charged by the board and under such conditions and |
23 | regulations as the board may enforce. |
24 | (2) The holder of a limited distillery license may, |
25 | separately or in conjunction with other limited distillery |
26 | licensees, sell bottled liquors produced by the distillery at no |
27 | more than two (2) board-approved locations other than the |
28 | licensed premises, with no bottling or production requirement at |
29 | those additional board-approved locations and under such |
30 | conditions and regulations as the board may enforce to the |
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1 | board, to individuals and to entities licensed by the board. |
2 | (3) The holder of a limited distillery license may apply for |
3 | and hold a hotel liquor license, a restaurant liquor license or |
4 | a malt and brewed beverages retail license to sell for |
5 | consumption at the restaurant or limited distillery on the |
6 | licensed distillery premises liquor, wine and malt or brewed |
7 | beverages regardless of the place of manufacture under the same |
8 | conditions and regulations as any other hotel liquor license, |
9 | restaurant liquor license or malt and brewed beverages retail |
10 | license. |
11 | (4) The holder of a limited distillery license may sell food |
12 | for consumption on or off the licensed premises and sell by the |
13 | glass only liquor that may otherwise be sold by the bottle. |
14 | (5) The holder of a limited distillery license may provide |
15 | tasting samples of liquor in individual portions not to exceed |
16 | one (1) fluid ounce on the licensed premises and at the two (2) |
17 | board-approved locations. Samples may be sold or provided free |
18 | of charge and may only be provided between the hours of nine |
19 | o'clock antemeridian and nine o'clock postmeridian. |
20 | (6) The fee for the limited distillery license shall be in |
21 | an amount to be determined by the board but shall not exceed one |
22 | thousand five hundred dollars ($1,500). |
23 | (7) The board may issue to the holder of a distillery | <-- |
24 | license a limited distillery license in exchange for the |
25 | distillery license provided that the applicant has not |
26 | manufactured more than forty thousand (40,000) gallons of |
27 | distilled liquor in the prior calendar year. An applicant under |
28 | this subsection shall surrender his distillery license for |
29 | cancellation prior to the issuance of the new limited distillery |
30 | license. The authority of the board to exchange a distillery |
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1 | license for a limited distillery license under this subsection |
2 | and this subsection shall expire December 31, 2012. |
3 | (c) (1) The holder of a distillery license as issued under |
4 | section 505 may sell bottled liquors produced on the licensed |
5 | premises to the board, to entities licensed by the board and to |
6 | the public between the hours of nine o'clock antemeridian and |
7 | nine o'clock postmeridian so long as a specific code of | <-- |
8 | distilled liquor which is listed for sale as a stock item by the |
9 | board in State liquor stores may not be offered for sale at a |
10 | licensed distillery location at a price which is lower than that |
11 | charged by the board and under such conditions and regulations |
12 | as the board may enforce. |
13 | (2) The holder of a distillery license as issued under |
14 | section 505 may provide tasting samples of liquor in individual |
15 | portions not to exceed one (1) fluid ounce. Samples may be sold |
16 | or provided free of charge between the hours of nine o'clock |
17 | antemeridian and nine o'clock postmeridian. |
18 | Section 2. This act shall take effect in 60 days. |
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