Regular Session 2017-2018 House Bill 1497 P.N. 2185

PRIOR PRINTER'S NOS. 1907, 2007

PRINTER'S NO. 2185

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1497

Session of

2017

INTRODUCED BY JOZWIAK, TALLMAN, ROTHMAN, BARBIN, M. K. KELLER,

MILLARD, A. HARRIS, GROVE, WENTLING, WARD, SONNEY AND

WHEELAND, JUNE 5, 2017

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 28, 2017

AN ACT

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

preliminary provisions, further defining "alcoholic cider"

and "public venue"; and, in licenses and regulations for

liquor, alcohol and malt and brewed beverages, further

providing FOR SALES BY LIQUOR LICENSEES AND RESTRICTIONS, for

wine and spirits auction permits., FOR INTERLOCKING

BUSINESSES PROHIBITED, FOR PERFORMING ARTS FACILITY LICENSE,

FOR MALT AND BREWED BEVERAGES MANUFACTURERS', DISTRIBUTORS'

AND IMPORTING DISTRIBUTORS' LICENSES, FOR LOCAL OPTION 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. The definitions of "alcoholic cider" and "public

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venue" in section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, amended November 15, 2016

(P.L.1286, No.166), are amended 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:

* * *

"Alcoholic cider" shall mean a beverage which may contain

carbonation in an amount not to exceed six and four tenths grams

per liter, produced through alcoholic fermentation [of any fruit

or fruit juice], which is primarily derived from apples, apple

juice concentrate and water, pears or pear juice concentrate and

water, consisting of at least one-half of one per centum, but

not greater than eight and one-half per centum, alcohol by

volume and sold or offered for sale as alcoholic cider and not

as a wine, a wine product or as a substitute for wine, in

bottles, cases, kegs, cans or other suitable containers of the

type used for the sale of malt or brewed beverages in this

Commonwealth.

* * *

"Public venue" shall mean a stadium, arena, convention

center, museum, zoo, amphitheater or similar structure. If the

public venue is a cruise terminal owned or leased by a port

authority created under the act of June 12, 1931 (P.L.575,

No.200), entitled "An act providing for joint action by

Pennsylvania and New Jersey in the development of the ports on

the lower Delaware River, and the improvement of the facilities

for transportation across the river; authorizing the Governor,

for these purposes, to enter into an agreement with New Jersey;

creating The Delaware River Joint Commission and specifying the

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powers and duties thereof, including the power to finance

projects by the issuance of revenue bonds; transferring to the

new commission all the powers of the Delaware River Bridge Joint

Commission; and making an appropriation," it shall have no

permanent seating requirement. If the public venue is an open-

air amphitheater owned by a port authority created under the act

of December 6, 1972 (P.L.1392, No.298), known as the "Third

Class City Port Authority Act," it shall have no permanent

seating requirement. If the public venue is owned by a political

subdivision, a municipal authority, the Commonwealth, an

authority created under the act of July 29, 1953 (P.L.1034,

No.270), known as the "Public Auditorium Authorities Law," an

authority created under Article XXV-A of the act of July 28,

1953 (P.L.723, No.230), known as the "Second Class County Code,"

an art museum established under the authority of the act of

April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer

on certain associations of the citizens of this commonwealth the

powers and immunities of corporations, or bodies politic in

law," [or] an authority created under Article XXIII (n) or (o)

of the act of August 9, 1955 (P.L.323, No.130), known as "The

County Code," or it is located in a neighborhood improvement

zone created under Article XIX-B of the act of March 4, 1971

(P.L.6, No.2), known as the Tax Reform Code of 1971, located in

a city of the third class, it shall have permanent seating for

at least one thousand (1,000) people; otherwise, it shall have

permanent seating for at least two thousand (2,000) people. The

term shall also mean any regional history center, multipurpose

cultural and science facility, museum or convention or trade

show center, regardless of owner and seating capacity, that has

a floor area of at least sixty thousand (60,000) square feet in

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one building. The term shall also mean a convention or

conference center owned by a city of the third class or a

university which is a member of the Pennsylvania State System of

Higher Education which is operated by a university foundation or

alumni association, regardless of seating capacity, that has a

floor area of at least fifteen thousand (15,000) square feet in

one building. The term shall also mean a visitor center,

regardless of floor area or seating capacity, that was

established under the authority of the Gateway Visitor Center

Authorization Act of 1999 (Public Law 106-131, 113 Stat. 1678,

16 U.S.C. § 407m).

* * *

Section 2. Section SECTIONS 406(D) 408.12(A)(6), (10), (11)

and (12), 411(E) AND 413(F)(1) 472(A) of the act, amended

November 15, 2016 (P.L.1286, No.166), are amended to read:

SECTION 2. SECTION 406(D) OF THE ACT IS AMENDED TO READ:

SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--* * *

(D) SUBJECT TO SECTION 412, LICENSED PUBLIC VENUES MAY SELL

LIQUOR AND MALT OR BREWED BEVERAGES ON SUNDAYS FROM ELEVEN

O'CLOCK ANTEMERIDIAN UNTIL MIDNIGHT WITHOUT THE NEED TO ACQUIRE

OR QUALIFY FOR A SPECIAL PERMIT. IN ADDITION, SUBJECT TO SECTION

413, LICENSED PERFORMING ARTS FACILITIES MAY SELL LIQUOR AND

MALT OR BREWED BEVERAGES ON SUNDAYS FROM [ONE O'CLOCK

POSTMERIDIAN] TEN O'CLOCK ANTEMERIDIAN UNTIL TEN O'CLOCK

POSTMERIDIAN WITHOUT THE NEED TO ACQUIRE OR QUALIFY FOR A

SPECIAL PERMIT.

* * *

SECTION 3. SECTIONS 408.12(A)(6), (10), (11) AND (12) AND

411(D) AND (E) OF THE ACT, AMENDED NOVEMBER 15, 2016 (P.L.1286,

NO.166), ARE AMENDED TO READ:

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Section 408.12. Wine and Spirits Auction Permits.--(a) Upon

application of:

* * *

(6) any [nationally recognized] community-based voluntary

health organization committed to fighting cancer [which has been

in existence for at least ninety years];

* * *

(10) institution of higher education; or

(11) any nationally recognized community-based health

organization committed to funding Type 1 Diabetes research; [or]

[(12) any nationally recognized community-based voluntary

health organization committed to fighting cancer which has been

in existence for at least twenty years;]

and upon payment of a fee of thirty dollars ($30) per day, the

board shall issue a wine and spirits auction permit good for a

period of not more than four consecutive or nonconsecutive days

per calendar year.

* * *

SECTION 411. INTERLOCKING BUSINESS PROHIBITED.--* * *

(D) EXCEPTING AS HEREIN PROVIDED, NO HOTEL LICENSEE,

RESTAURANT LICENSEE OR CLUB LICENSEE, AND NO OFFICER, DIRECTOR,

STOCKHOLDER, AGENT OR EMPLOYE OF ANY SUCH LICENSEE SHALL IN ANY

WISE BE INTERESTED, EITHER DIRECTLY OR INDIRECTLY, [IN THE

OWNERSHIP OR LEASEHOLD OF ANY PROPERTY OR THE EQUIPMENT OF ANY

PROPERTY OR ANY MORTGAGE LIEN AGAINST THE SAME, USED BY A

MANUFACTURER IN MANUFACTURING LIQUOR OR MALT OR BREWED

BEVERAGES; NOR SHALL ANY HOTEL, RESTAURANT OR CLUB LICENSEE, OR

ANY OFFICER, DIRECTOR, STOCKHOLDER, AGENT OR EMPLOYE OF ANY SUCH

LICENSEE, EITHER DIRECTLY OR INDIRECTLY,] LEND ANY MONEYS,

CREDIT, OR GIVE ANYTHING OF VALUE OR THE EQUIVALENT THEREOF, TO

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ANY MANUFACTURER FOR EQUIPPING, FITTING OUT, OR MAINTAINING AND

CONDUCTING, EITHER IN WHOLE OR IN PART, AN ESTABLISHMENT USED

FOR THE MANUFACTURE OF LIQUOR OR MALT OR BREWED BEVERAGES.

(E) EXCEPT AS HEREIN PROVIDED, NO HOTEL, RESTAURANT, RETAIL

DISPENSER OR CLUB LICENSEE, AND NO OFFICER, DIRECTOR OR

STOCKHOLDER, AGENT OR EMPLOYE OF ANY SUCH LICENSEE SHALL IN ANY

WISE BE INTERESTED, DIRECTLY OR INDIRECTLY, IN THE OWNERSHIP OR

LEASEHOLD OF ANY PROPERTY OR THE EQUIPMENT OF ANY PROPERTY OR

ANY MORTGAGE LIEN AGAINST THE SAME, USED BY A DISTRIBUTOR,

IMPORTING DISTRIBUTOR, OR BY AN IMPORTER OR SACRAMENTAL WINE

LICENSEE, IN THE CONDUCT OF HIS BUSINESS; NOR SHALL ANY HOTEL,

RESTAURANT, RETAIL DISPENSER OR CLUB LICENSEE, OR ANY OFFICER,

DIRECTOR, STOCKHOLDER, AGENT OR EMPLOYE OF ANY SUCH LICENSEE,

EITHER DIRECTLY OR INDIRECTLY, LEND ANY MONEYS, CREDIT, OR GIVE

ANYTHING OF VALUE OR THE EQUIVALENT THEREOF, TO ANY DISTRIBUTOR,

IMPORTING DISTRIBUTOR, IMPORTER OR SACRAMENTAL WINE LICENSEE,

FOR EQUIPPING, FITTING OUT, OR MAINTAINING AND CONDUCTING,

EITHER IN WHOLE OR IN PART, AN ESTABLISHMENT USED IN THE CONDUCT

OF HIS BUSINESS.

THE PURPOSE OF THIS SECTION IS TO REQUIRE A SEPARATION OF THE

FINANCIAL AND BUSINESS INTERESTS BETWEEN MANUFACTURERS AND

HOLDERS OF HOTEL OR RESTAURANT LIQUOR LICENSES AND, AS HEREIN

PROVIDED, OF CLUB LICENSES, ISSUED UNDER THIS ARTICLE, AND NO

PERSON SHALL, BY ANY DEVICE WHATSOEVER, DIRECTLY OR INDIRECTLY,

EVADE THE PROVISIONS OF THE SECTION. BUT IN VIEW OF EXISTING

ECONOMIC CONDITIONS, NOTHING CONTAINED IN THIS SECTION SHALL BE

CONSTRUED TO PROHIBIT THE OWNERSHIP OF PROPERTY OR CONFLICTING

INTEREST BY A MANUFACTURER OF ANY PLACE OCCUPIED BY A LICENSEE

UNDER THIS ARTICLE AFTER THE MANUFACTURER HAS CONTINUOUSLY OWNED

AND HAD A CONFLICTING INTEREST IN SUCH PLACE FOR A PERIOD OF AT

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LEAST FIVE YEARS PRIOR TO JULY EIGHTEENTH, ONE THOUSAND NINE

HUNDRED THIRTY-FIVE: PROVIDED, HOWEVER, THAT THIS CLAUSE SHALL

NOT PROHIBIT ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE, OR

ANY OFFICER, DIRECTOR OR STOCKHOLDER OF ANY SUCH LICENSEE, FROM

OWNING LAND OR BUILDINGS WHICH ARE LEASED TO A HOLDER OF A

RETAIL DISPENSER'S LICENSE, [A DISTILLERY LICENSE OR A LIMITED

DISTILLERY LICENSE] OR A MANUFACTURER'S LICENSE: AND, PROVIDED

FURTHER, THAT NOTHING CONTAINED IN THIS SECTION SHALL BE

CONSTRUED TO PROHIBIT ANY HOTEL, RESTAURANT, RETAIL DISPENSER OR

CLUB LICENSEE OR ANY OFFICER, DIRECTOR OR STOCKHOLDER, AGENT OR

EMPLOYE OF ANY SUCH LICENSEE FROM HAVING A FINANCIAL OR OTHER

INTEREST, DIRECTLY OR INDIRECTLY IN [THE OWNERSHIP OR LEASEHOLD

OF ANY PROPERTY OR] THE EQUIPMENT OF ANY PROPERTY OR ANY

MORTGAGE LIEN AGAINST SAME, USED, LEASED BY AN IMPORTER OR

SACRAMENTAL WINE LICENSEE FOR THE EXCLUSIVE PURPOSE OF

MAINTAINING COMMERCIAL OFFICES AND ON THE CONDITION THAT SAID

PROPERTY IS NOT USED FOR THE STORAGE OR SALE OF LIQUOR OR MALT

OR BREWED BEVERAGES IN ANY QUANTITY: AND, PROVIDED FURTHER, THAT

NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT AN OFFICER OR

MEMBER OF A LICENSED PRIVATELY OWNED PRIVATE GOLF COURSE

CATERING CLUB FROM HAVING AN INTEREST IN A LIMITED WINERY

LICENSE: AND, PROVIDED FURTHER, THAT NOTHING CONTAINED IN THIS

SECTION SHALL BE CONSTRUED TO PROHIBIT A MEMBER OF THE GOVERNING

BOARD OF A PUBLIC AUTHORITY CREATED UNDER SUBDIVISION (N) OF

ARTICLE XXIII OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130),

KNOWN AS "THE COUNTY CODE," FROM HAVING AN INTEREST IN A

DISTRIBUTOR OR IMPORTING DISTRIBUTOR LICENSE NOTWITHSTANDING THE

FACT THAT THE PUBLIC AUTHORITY HAS AN INTEREST IN ONE OR MORE

RETAIL LICENSES OR ACTS AS A LANDLORD FOR ONE OR MORE RETAIL

LICENSES: AND, PROVIDED FURTHER, THAT, NOTHING IN THIS SECTION

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MAY PROHIBIT AN EMPLOYE OF A HOTEL OR RESTAURANT LICENSEE FROM

HAVING AN INTEREST IN ANY PROPERTY USED BY A LIMITED WINERY

LICENSEE OR IN GUARANTEEING ANY LOANS, OR LENDING ANY MONEYS,

PROVIDING CREDIT OR GIVING ANYTHING OF VALUE TO A LIMITED WINERY

LICENSEE OR ITS OFFICERS, DIRECTORS AND SHAREHOLDERS, PROVIDED

THAT THE PERSON ALSO IS NOT AN OFFICER OF OR DOES NOT HAVE ANY

INTEREST IN OR EXERCISE ANY CONTROL OVER ANY OTHER LICENSED

ENTITY THAT ENGAGES IN ANY SALES TO OR FROM THE LICENSEE: AND,

PROVIDED FURTHER, THAT, NOTWITHSTANDING ANY OTHER PROVISION OF

THIS SECTION, AN ENTITY MAY ACQUIRE BOTH A MANUFACTURER'S

LICENSE OR A LIMITED WINERY LICENSE AND A HOTEL, RESTAURANT OR

RETAIL DISPENSER LICENSE FOR USE AT THE SAME LOCATION AND MORE

THAN ONE LOCATION MAY BE SO LICENSED. AND, PROVIDED FURTHER,

THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AN

ENTITY LICENSED AS A LIMITED WINERY MAY HOLD AND OPERATE A

RESTAURANT LIQUOR LICENSE AT ONE OF ITS ADDITIONAL, BOARD-

APPROVED LOCATIONS INSTEAD OF AT ITS PRIMARY LOCATION WHERE

MANUFACTURING OCCURS. THE LICENSES AND A PERSON'S INTEREST IN

THE LICENSES OR IN THE ENTITY HOLDING THE LICENSES SHALL NOT BE

SUBJECT TO THIS SECTION. PROVIDED FURTHER, THAT, A PERSON WHO IS

A HOLDER OF TEN PER CENTUM (10%) OR LESS OF SECURITIES OR OTHER

INTERESTS IN A PUBLICLY OR PRIVATELY HELD DOMESTIC OR FOREIGN

CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER

FORM OF LEGAL ENTITY OWNING A RETAIL LICENSE SHALL NOT BE DEEMED

TO POSSESS A FINANCIAL INTEREST AND IS NOT SUBJECT TO THE

PROVISIONS OF THIS SECTION, PROVIDED THAT THE PERSON IS NOT AN

OFFICER OF, EMPLOYE OF OR DOES NOT HAVE ANY INTEREST IN OR

EXERCISE ANY CONTROL OVER ANY OTHER LICENSED ENTITY THAT ENGAGES

IN ANY SALES TO OR FROM THE RETAIL LICENSEE IN WHICH THE PERSON

HOLDS THE TEN PER CENTUM (10%) OR LESS INTEREST[.]: AND,

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PROVIDED FURTHER, THAT NOTHING IN THIS SECTION SHALL PROHIBIT A

PERSON WHO HAS AN OWNERSHIP INTEREST IN A LIMITED WINERY LICENSE

FROM BEING EMPLOYED BY AN ENTITY THAT HOLDS A HOTEL, RESTAURANT,

EATING PLACE OR CLUB LICENSE SO LONG AS THE PERSON IS NOT

EMPLOYED AS AN ALCOHOL SERVICE PERSONNEL OR AS MANAGER.

* * *

SECTION 4. SECTION 413(F)(1) OF THE ACT IS AMENDED TO READ:

SECTION 413. PERFORMING ARTS FACILITY LICENSE.--* * *

(F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED

RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL

RESTRICTIONS AND PRIVILEGES APPLY:

(1) SALES OF LIQUOR AND MALT OR BREWED BEVERAGES MAY BE MADE

TWO HOURS BEFORE, DURING AND ONE HOUR AFTER ANY PERFORMANCE AT

THE FACILITY; HOWEVER, SALES MAY NOT BE MADE FROM TWO O'CLOCK

ANTEMERIDIAN TO SEVEN O'CLOCK ANTEMERIDIAN. IN ADDITION, SALES

MAY NOT OCCUR PRIOR TO [ONE O'CLOCK POSTMERIDIAN] TEN O'CLOCK

ANTEMERIDIAN OR AFTER TEN O'CLOCK POSTMERIDIAN ON SUNDAYS.

HOWEVER, FACILITIES THAT HAD BEEN LICENSED UNDER FORMER SECTION

408.3(A) AND 408.3(A.2) MAY SELL LIQUOR AND MALT OR BREWED

BEVERAGES ANYTIME EXCEPT FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN

O'CLOCK ANTEMERIDIAN OR PRIOR TO ONE O'CLOCK POSTMERIDIAN OR

AFTER TEN O'CLOCK POSTMERIDIAN ON SUNDAYS, REGARDLESS OF WHETHER

THERE IS A PERFORMANCE AT THE FACILITY.

* * *

SECTION 5. SECTION 431(B) OF THE ACT, REENACTED AND AMENDED

NOVEMBER 15, 2016 (P.L.1286, NO.166), IS AMENDED TO READ:

SECTION 431. MALT AND BREWED BEVERAGES MANUFACTURERS',

DISTRIBUTORS' AND IMPORTING DISTRIBUTORS' LICENSES.--* * *

(B) THE BOARD SHALL ISSUE TO ANY REPUTABLE PERSON WHO

APPLIES THEREFOR, AND PAYS THE LICENSE FEE HEREINAFTER

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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. IN ADDITION, A

DISTRIBUTOR LICENSE HOLDER MAY SELL MALT OR BREWED BEVERAGES IN

ANY AMOUNT TO A PERSON NOT LICENSED BY THE BOARD FOR OFF-

PREMISES CONSUMPTION. THE SALES SHALL NOT BE REQUIRED TO BE IN

THE PACKAGE CONFIGURATION DESIGNATED BY THE MANUFACTURER AND MAY

BE SOLD IN REFILLABLE GROWLERS. 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

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MORALS OF THE INHABITANTS OF THE NEIGHBORHOOD WITHIN A RADIUS OF

FIVE HUNDRED FEET OF THE PLACE PROPOSED TO BE LICENSED. THE

BOARD SHALL NOT LICENSE THE AREA WHERE LIQUID FUELS OR OIL IS

SOLD. NO SALES OF LIQUID FUELS OR OIL MAY BE MADE FROM A

LICENSEE'S LICENSED PREMISES. A LICENSED PREMISES MAY NOT HAVE

AN INTERIOR CONNECTION WITH A LOCATION THAT SELLS LIQUID FUELS

OR OIL UNLESS IT FIRST RECEIVES PERMISSION FROM THE BOARD FOR

THE INTERIOR CONNECTION. THE APPROVAL SHALL BE REQUIRED

REGARDLESS OF WHETHER THE LICENSEE OR ANOTHER PARTY IS THE

ENTITY SELLING THE LIQUID FUELS OR OIL. 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.

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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

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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.

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. IN ADDITION, THE HOLDER OF A DISTRIBUTOR LICENSE

MAY NOT SELL OR DELIVER MALT OR BREWED BEVERAGES TO ANY LICENSEE

WHOSE LICENSED PREMISES IS LOCATED WITHIN THE DESIGNATED

GEOGRAPHICAL AREA GRANTED TO AN IMPORTING DISTRIBUTOR OTHER THAN

THE IMPORTING DISTRIBUTOR THAT SOLD THE MALT OR BREWED BEVERAGES

TO THE DISTRIBUTOR. IF THE LICENSEE PURCHASING THE MALT OR

BREWED BEVERAGES FROM THE DISTRIBUTOR LICENSE HOLDER HOLDS

MULTIPLE LICENSES OR OPERATES AT MORE THAN ONE LOCATION, THEN

THE MALT OR BREWED BEVERAGES MAY NOT BE CONSUMED OR SOLD AT

LICENSED PREMISES LOCATED WITHIN THE DESIGNATED GEOGRAPHICAL

AREA GRANTED TO AN IMPORTING DISTRIBUTOR OTHER THAN THE

IMPORTING DISTRIBUTOR THAT SOLD THE MALT OR BREWED BEVERAGES TO

THE DISTRIBUTOR. SHOULD A LICENSEE ACCEPT THE DELIVERY OF MALT

OR BREWED BEVERAGES OR TRANSFER MALT OR BREWED BEVERAGES IN

VIOLATION OF THIS SECTION, SAID LICENSEE SHALL BE SUBJECT TO A

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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.

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. IN ADDITION, THE HOLDER OF A DISTRIBUTOR LICENSE

MAY NOT SELL OR DELIVER MALT OR BREWED BEVERAGES TO A LICENSEE

WHOSE LICENSED PREMISES IS LOCATED WITHIN THE DESIGNATED

GEOGRAPHICAL AREA GRANTED TO AN IMPORTING DISTRIBUTOR OTHER THAN

THE IMPORTING DISTRIBUTOR THAT SOLD THE MALT OR BREWED BEVERAGES

TO THE DISTRIBUTOR. IF THE LICENSEE PURCHASING THE MALT OR

BREWED BEVERAGES FROM THE DISTRIBUTOR LICENSE HOLDER HOLDS

MULTIPLE LICENSES OR OPERATES AT MORE THAN ONE LOCATION, THE

MALT OR BREWED BEVERAGES MAY NOT BE CONSUMED OR SOLD AT LICENSED

PREMISES LOCATED WITHIN THE DESIGNATED GEOGRAPHICAL AREA GRANTED

TO AN IMPORTING DISTRIBUTOR OTHER THAN THE IMPORTING DISTRIBUTOR

20170HB1497PN2185 - 14 -

THAT SOLD THE MALT OR BREWED BEVERAGES TO THE DISTRIBUTOR. [IF A

LICENSEE ACCEPTS THE DELIVERY OF MALT OR BREWED BEVERAGES OR

TRANSFERS MALT OR BREWED BEVERAGES IN VIOLATION OF THIS SECTION,

THE LICENSEE SHALL BE SUBJECT TO SUSPENSION OF HIS LICENSE FOR

AT LEAST THIRTY DAYS: PROVIDED, THAT THE] 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.

A DISTRIBUTOR WHO VIOLATES THE PROVISIONS OF THIS SECTION AND

DELIVERS TO A LICENSEE OUTSIDE OF THE DESIGNATED GEOGRAPHICAL

AREA SHALL BE SUBJECT TO CITATION BY THE ENFORCEMENT BUREAU OF

THE BOARD WHICH SHALL RESULT IN PENALTIES AS FOLLOWS: THE

RECEIPT OF A FIRST CITATION WILL RESULT IN A FINE OF NOT LESS

THAN FIVE HUNDRED DOLLARS ($500), NOR MORE THAN ONE THOUSAND

DOLLARS ($1,000); THE RECEIPT OF A SECOND CITATION WILL RESULT

IN A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS ($1,000), NOR

MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) AND

SUSPENSION OF OPERATING PRIVILEGES FOR AT LEAST TWO DAYS; THE

20170HB1497PN2185 - 15 -

RECEIPT OF A THIRD OR SUBSEQUENT CITATION WILL RESULT IN A FINE

OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500), NOR

MORE THAN FIVE THOUSAND ($5,000) AND SUSPENSION OF OPERATING

PRIVILEGES FOR SEVEN DAYS.

A LICENSEE WHO ACCEPTS PRODUCT IN VIOLATION OF THE PROVISIONS

OF THIS SECTION SHALL BE SUBJECT TO CITATION BY THE ENFORCEMENT

BUREAU OF THE BOARD, WHICH SHALL RESULT IN PENALTIES AS FOLLOWS:

THE RECEIPT OF A FIRST CITATION WILL RESULT IN A WARNING AND

WILL SERVE AS OFFICIAL NOTICE THAT THE LICENSEE IS ACCEPTING

PRODUCT IN VIOLATION OF THIS ACT; THE RECEIPT OF A SECOND

CITATION WILL RESULT IN A FINE OF NOT LESS THAN FIVE HUNDRED

DOLLARS ($500), NOR MORE THAN ONE THOUSAND DOLLARS ($1,000); THE

RECEIPT OF A THIRD CITATION WILL RESULT IN A FINE OF NOT LESS

THAN ONE THOUSAND DOLLARS ($1,000), NOR MORE THAN TWO THOUSAND

FIVE HUNDRED DOLLARS ($2,500) AND SUSPENSION OF OPERATING

PRIVILEGES FOR AT LEAST TWO DAYS; THE RECEIPT OF A FOURTH OR

SUBSEQUENT CITATION WILL RESULT IN A FINE OF NOT LESS THAN TWO

THOUSAND FIVE HUNDRED DOLLARS ($2,500), NOR MORE THAN FIVE

THOUSAND ($5,000) AND SUSPENSION OF OPERATING PRIVILEGES FOR

SEVEN DAYS.

* * *

SECTION 6. SECTION 472(A) OF THE ACT, AMENDED NOVEMBER 15,

2016 (P.L.1286, NO.166), IS AMENDED TO READ:

SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY

PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT

EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN

ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), NOT OFTENER

THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS

WITH RESPECT TO THE GRANTING OF LIQUOR LICENSES TO HOTELS,

RESTAURANTS, RESORT FACILITIES AND CLUBS, NOT OFTENER THAN ONCE

20170HB1497PN2185 - 16 -

IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH

RESPECT TO THE GRANTING OF LIQUOR LICENSES TO PUBLIC VENUES, TO

PERFORMING ARTS FACILITIES, TO CONTINUING CARE RETIREMENT

COMMUNITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY AN

ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE

GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, NOT

OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE

ELECTORS WITH RESPECT TO THE GRANTING OF LICENSES TO RETAIL

DISPENSERS OF MALT AND BREWED BEVERAGES, NOT OFTENER THAN ONCE

IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH

RESPECT TO GRANTING OF LICENSES TO WHOLESALE DISTRIBUTORS AND

IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN TWO YEARS, TO

DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING

OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES TO

INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, NOT

OFTENER THAN ONCE IN TWO YEARS TO DETERMINE THE WILL OF THE

ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL OCCASION

PERMITS TO QUALIFIED ORGANIZATIONS, NOT MORE THAN ONCE IN FOUR

YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE

ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE BOARD OF

PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH

MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, OR NOT MORE THAN

ONCE IN TWO YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH

RESPECT TO THE GRANTING OF LIQUOR LICENSES TO SKI RESORT

FACILITIES, UNDER THE PROVISIONS OF THIS ACT: PROVIDED, THAT AN

ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE

LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR

THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST

THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE

QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING

20170HB1497PN2185 - 17 -

DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE

MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE

AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S

LICENSES. WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER

CENTUM OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE

MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY AT THE LAST

PRECEDING GENERAL ELECTION SHALL FILE A PETITION WITH THE COUNTY

BOARD OF ELECTIONS OF THE COUNTY FOR A REFERENDUM ON THE

QUESTION OF GRANTING ANY OF SAID CLASSES OF LICENSES OR THE

ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE SAID COUNTY

BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE

BALLOTS OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT ANY

ELECTION, EXCEPT A SPECIAL ELECTION. SEPARATE PETITIONS MUST BE

FILED FOR EACH QUESTION TO BE VOTED ON. SAID PROCEEDINGS SHALL

BE IN THE MANNER AND SUBJECT TO THE PROVISIONS OF THE ELECTION

LAWS WHICH RELATE TO THE SIGNING, FILING AND ADJUDICATION OF

NOMINATION PETITIONS, WITH RESPECT TO A QUESTION TO BE PLACED ON

THE BALLOT IN A PRIMARY ELECTION, AND NOMINATION PAPERS, WITH

RESPECT TO A QUESTION TO BE PLACED ON THE BALLOT IN A MUNICIPAL

OR GENERAL ELECTION, IN EACH CASE INSOFAR AS SUCH PROVISIONS ARE

APPLICABLE.

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR THE

SALE OF LIQUOR IN......................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO RESORT FACILITIES IN THOSE MUNICIPALITIES THAT DO

NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE

FOLLOWING FORM:

20170HB1497PN2185 - 18 -

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO RESORT

FACILITIES FOR THE SALE OF LIQUOR IN THE...............

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO SKI RESORTS IN THOSE MUNICIPALITIES THAT DO NOT

ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE

FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO SKI

RESORT FACILITIES FOR THE SALE OF LIQUOR IN THE

..................OF ................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT

LIQUOR LICENSES FOR USE AT PUBLIC VENUES IN THOSE MUNICIPALITIES

THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO PUBLIC

VENUES FOR THE SALE OF LIQUOR IN THE...................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT

LIQUOR LICENSES FOR USE AT PERFORMING ARTS FACILITIES IN THOSE

MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF

ALCOHOL, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO

PERFORMING ARTS FACILITIES FOR THE SALE OF LIQUOR IN

THE...................................................

OF...................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES FOR HOTELS LOCATED ON PROPERTY OWNED BY AN ACCREDITED

COLLEGE OR UNIVERSITY IN THOSE MUNICIPALITIES THAT DO NOT

ALREADY ALLOW THE GRANTING OF LIQUOR LICENSES, IT SHALL BE IN

THE FOLLOWING FORM:

20170HB1497PN2185 - 19 -

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO HOTELS

ON PROPERTY OWNED BY AN ACCREDITED COLLEGE OR

UNIVERSITY IN THE.....................................

OF...................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR

PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE OF

LIQUOR IN....................BY........................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR

PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE OF

LIQUOR IN....................BY........................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO CONTINUING CARE RETIREMENT COMMUNITIES IN THOSE

MUNICIPALITIES THAT HAVE NOT ALREADY APPROVED THE GRANTING OF

LIQUOR LICENSES, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR

CONTINUING CARE RETIREMENT COMMUNITIES

IN...........................BY........................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES

TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE

IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF MALT AND BREWED BEVERAGE

20170HB1497PN2185 - 20 -

RETAIL DISPENSER LICENSES FOR CONSUMPTION ON PREMISES

WHERE SOLD IN THE.....................................

OF...................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES

TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND

IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF MALT AND BREWED BEVERAGE

WHOLESALE DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S

LICENSES NOT FOR CONSUMPTION ON PREMISES WHERE SOLD IN

THE...................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB

LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'

ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES TO

INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS

IN THE.................................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB

RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL

VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER

LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'

ORGANIZATIONS IN THE...................................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL

OCCASION PERMITS ALLOWING THE SALE OF LIQUOR BY QUALIFIED

ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE

RETAIL SALE OF LIQUOR, IT SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS YES

20170HB1497PN2185 - 21 -

TO ALLOW THE SALE OF LIQUOR BY QUALIFIED ORGANIZATIONS

IN THE.................................................

OF....................................................? NO

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL

OCCASION PERMITS ALLOWING THE SALE OF MALT OR BREWED BEVERAGES

ONLY BY QUALIFIED ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT

ALREADY ALLOW THE RETAIL SALE OF MALT OR BREWED BEVERAGES, IT

SHALL BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS

TO ALLOW THE SALE OF MALT OR BREWED BEVERAGES ONLY BY

QUALIFIED ORGANIZATIONS IN THE.........................

OF....................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT,

OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL

BE IN THE FOLLOWING FORM:

DO YOU FAVOR THE ESTABLISHMENT, OPERATION AND

MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IN

THE....................................................

OF...................................................?

YES

WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR

LICENSES TO AN AIRPORT AUTHORITY IN THOSE MUNICIPALITIES THAT DO

NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE

FOLLOWING FORM:

DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO AN

AIRPORT AUTHORITY FOR THE SALE OF LIQUOR IN

THE...................................................

OF...................................................?

YES

IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A

MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"

THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,

20170HB1497PN2185 - 22 -

RESTAURANTS, SKI RESORTS, RESORT FACILITIES AND CLUBS, OR LIQUOR

LICENSES SHALL BE GRANTED BY THE BOARD TO PUBLIC VENUES, TO

PERFORMING ARTS FACILITIES, TO CONTINUING CARE RETIREMENT

COMMUNITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY AN

ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE

GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT

AND BREWED BEVERAGE RETAIL DISPENSER LICENSES OR WHOLESALE

DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE

OF MALT OR BREWED BEVERAGES SHALL BE GRANTED BY THE BOARD, OR

CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES SHALL BE

GRANTED BY THE BOARD TO INCORPORATED UNITS OF NATIONAL VETERANS'

ORGANIZATIONS, OR SPECIAL OCCASION PERMITS MAY BE ISSUED TO

QUALIFIED ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND

MAINTAIN PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH

MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY

THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH

QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT

OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO

VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY;

OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE

ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR

STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA

LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT

MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING

PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT

MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE

EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY

SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A

LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON

SUCH QUESTION.

20170HB1497PN2185 - 23 -

* * *

SECTION 7. SECTION 493(11) OF THE ACT IS AMENDED 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--

* * *

(11) LICENSEES EMPLOYED BY OTHERS. FOR ANY HOTEL, RESTAURANT

OR CLUB LIQUOR LICENSEE, OR ANY MALT OR BREWED BEVERAGE

LICENSEE, OR ANY OFFICER, SERVANT, AGENT OR EMPLOYE OF SUCH

LICENSEE, TO BE AT THE SAME TIME EMPLOYED, DIRECTLY OR

INDIRECTLY, BY ANY DISTRIBUTOR, IMPORTING DISTRIBUTOR,

MANUFACTURER, IMPORTER OR VENDOR LICENSEE OR ANY OUT OF STATE

MANUFACTURER. IT SHALL ALSO BE UNLAWFUL FOR ANY DISTRIBUTOR OR

IMPORTING DISTRIBUTOR, OR ANY OFFICER, SERVANT, AGENT OR EMPLOYE

OF SUCH LICENSEE, TO BE AT THE SAME TIME EMPLOYED, DIRECTLY OR

INDIRECTLY, BY ANY OTHER DISTRIBUTOR, IMPORTING DISTRIBUTOR,

MANUFACTURER, IMPORTER, VENDOR, OUT OF STATE MANUFACTURER, HOTEL

RESTAURANT, MALT OR BREWED BEVERAGE LICENSEE, OR CLUB LIQUOR

LICENSEE. IT SHALL ALSO BE UNLAWFUL FOR ANY MANUFACTURER,

IMPORTER, OR VENDOR LICENSEE, OR ANY OUT OF STATE MANUFACTURER,

OR ANY OFFICER, SERVANT, AGENT OR EMPLOYE OF SUCH LICENSEE OR

MANUFACTURER, TO BE AT THE SAME TIME EMPLOYED, DIRECTLY OR

INDIRECTLY, BY ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE OR

ANY MALT OR BREWED BEVERAGE LICENSEE OR ANY DISTRIBUTOR OR

IMPORTING DISTRIBUTOR LICENSEE. NOTHING IN THIS SUBSECTION SHALL

BE CONSTRUED TO PROHIBIT A MANUFACTURER OR LIMITED WINERY

LICENSEE, OR ANY OFFICER, SERVANT, AGENT OR EMPLOYE OF SUCH

20170HB1497PN2185 - 24 -

LICENSEE, TO BE EMPLOYED AT THE SAME TIME BY A HOTEL, RESTAURANT

OR RETAIL DISPENSER LICENSEE IF THE HOTEL, RESTAURANT OR RETAIL

DISPENSER LICENSEE IS LOCATED AT THE MANUFACTURER OR LIMITED

WINERY PREMISES PURSUANT TO SECTION 443. FOR THE PURPOSES OF

THIS SUBSECTION, AN OFFICER, SERVANT, AGENT OR EMPLOYE OF A

LICENSEE OR MANUFACTURER IS AN INDIVIDUAL WHO HAS EITHER AN

OWNERSHIP INTEREST IN THE LICENSEE OR MANUFACTURER OR WHO

RECEIVES COMPENSATION FOR HIS OR HER WORK ON BEHALF OF THE

LICENSEE OR MANUFACTURER[.]: PROVIDED FURTHER, THAT NOTHING IN

THIS SECTION SHALL PROHIBIT A PERSON WHO HAS AN OWNERSHIP

INTEREST IN A LIMITED WINERY LICENSE FROM BEING EMPLOYED BY AN

ENTITY THAT HOLDS A HOTEL, RESTAURANT, EATING PLACE OR CLUB

LICENSE SO LONG AS THE PERSON IS NOT EMPLOYED AS AN ALCOHOL

SERVICE PERSONNEL OR AS MANAGER.

* * *

Section 3 8. This act shall take effect in 60 days.

20170HB1497PN2185 - 25 -

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