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PRINTER'S NO. 2606
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1733
Session of
2015
INTRODUCED BY SAYLOR, GILLESPIE, GROVE, PHILLIPS-HILL, KLUNK,
REGAN, WARD, MILLARD AND ORTITAY, DECEMBER 3, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, DECEMBER 3, 2015
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," in
liquor, alcohol and malt and brewed beverages licenses and
regulations, providing for convenience store permits.
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 a definition 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:
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* * *
"Convenience store" shall mean a reputable place operated by
a person of good repute, which sells food, supplies for the home
and table, and other products for human consumption off the
licensed premises, which may include the retail sale of liquid
fuels, and which has an area under one roof of greater than
fifteen hundred square feet but less than ten thousand square
feet.
* * *
Section 2. The act is amended by adding a section to read:
Section 418. Convenience Store Permits.--(a) The board
shall issue a permit to any premises kept or operated by a
convenience store for the premises specified in the permit.
(a.1) An additional convenience store permit may not be
issued within a county if the total number of convenience store
permits is greater than one permit for every five thousand
inhabitants in the county, except that a total of three
convenience store permits may be granted in a county in this
Commonwealth.
(b) Every applicant for a convenience store permit shall
file a written application containing information as the board
prescribes which shall include, but not be limited to, the
following:
(1) A description of the part of the convenience store for
which the applicant proposes to keep and sell malt or brewed
beverages.
(2) Descriptions, information and plans showing the
convenience store and any alterations proposed to be made to the
convenience store or any proposed construction to be completed
after approval of the permit.
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(c) Every application shall also be accompanied by the
initial application fee as follows:
(1) For convenience stores located in counties of the first
class or second class, forty-one thousand five hundred dollars
($41,500).
(2) For convenience stores located in counties of the second
class A or third class, forty-five thousand five hundred dollars
($45,500).
(3) For convenience stores located in counties of the fourth
class or fifth class, thirty-seven thousand five hundred dollars
($37,500).
(4) For convenience stores located in counties of the sixth
class or seventh class, thirty-two thousand dollars ($32,000).
(5) For convenience stores located in counties of the eighth
class, twenty-five thousand dollars ($25,000).
(d) The annual renewal fee for a convenience store permit
shall be as follows:
(1) One thousand dollars ($1,000) for a convenience store
permit holder whose total annual malt or brewed beverage sales
are less than fifty thousand dollars ($50,000) in the prior
calendar year.
(2) Two thousand dollars ($2,000) for a convenience store
permit holder whose total annual malt or brewed beverage sales
are equal to or greater than fifty thousand dollars ($50,000),
but less than one hundred thousand dollars ($100,000), in the
prior calendar year.
(3) Three thousand dollars ($3,000) for a convenience store
permit holder whose total annual malt or brewed beverage sales
are equal to or greater than one hundred fifty thousand dollars
($150,000) in the prior calendar year.
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(e) A convenience store permit holder may sell malt or
brewed beverages for consumption off the premises 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.
(f) Every applicant for a permit shall post, for a period of
at least thirty days beginning with the day the application is
filed with the board, in a conspicuous place on the outside of
the premises, a notice of the application. The notice shall be
in the form, size and contain provisions as required by the
board by regulation. Proof of the posting of the notice shall be
filed with the board.
(g) Upon receipt of an application for a permit under this
section, the board shall immediately notify, in writing, the
municipality in which the premises proposed to be licensed are
located.
(h) Every convenience store permit holder may sell malt or
brewed beverages for consumption off the licensed premises from
any location within the licensed premises. Permit holders under
this section may display the alcohol products the permit holders
offer for sale on shelving units and systems, and in or on
refrigerated cases and equipment, within the discretion of the
convenience store permit holder, if the displays are not
designed to attract minors and the manner and method of display
allows access by all customers, including the physically
dependent.
(i) A convenience store permit holder shall utilize a
transaction scan device to verify the age of an individual who
appears to be under thirty-five (35) years of age before making
a sale of malt or brewed beverages. A convenience store permit
holder may not sell or share data from the use of a transaction
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scan device, provided that the convenience store permit holder
may use the data to show the enforcement bureau of the board
that the permit holder is in compliance with this act. As used
in this paragraph, the term "transaction scan device" means a
device capable of deciphering, in an electronically readable
format, the information encoded on the magnetic strip or bar
code of an identification card under section 495(a).
(j) A sale of malt or brewed beverages shall be made through
a register which is well designated with signage, which is
staffed at all times, which is staffed by a sales clerk who is
at least eighteen (18) years of age and has been trained under
section 471.1 and which utilizes a transaction scan device for
the sale. The sale of malt or brewed beverages may not occur at
a point of sale where the customer scans the customer's own
purchases.
(k) Convenience store permit holders may store alcohol not
on display for sale in a storage area or storage areas not
accessible to the public, provided such storage areas are:
(1) locked at all times when not being accessed by the
convenience store permit holder's employes;
(2) not accessible to employes eighteen (18) years of age or
younger; and
(3) identified by dimensions and location on forms submitted
in advance to the board.
(l) Convenience store permit holders may sell malt or brewed
beverages from eight o'clock antemeridian until eleven o'clock
postmeridian every day except Sunday.
(m) Convenience store permit holders may sell malt or brewed
beverages from nine o'clock antemeridian until eleven o'clock
postmeridian on Sundays upon submission to the board of a Sunday
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sales permit application and fee of one thousand five hundred
dollars ($1,500) per year.
(n) All fees paid to the board under this section shall be
deposited into the General Fund.
Section 3. This act shall take effect in 60 days.
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