Regular Session 2017-2018 House Bill 1897 P.N. 2672

PRINTER'S NO. 2672

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1897

Session of

2017

INTRODUCED BY STAATS, DIAMOND, MILLARD, LAWRENCE, A. HARRIS,

SAYLOR, WARD, PHILLIPS-HILL, MASSER, GILLESPIE, IRVIN,

QUIGLEY, HENNESSEY, O'NEILL, WATSON, TOEPEL, EVERETT, ELLIS,

PICKETT, GODSHALL, GROVE, KAUFFMAN, CORR AND BARRAR,

NOVEMBER 2, 2017

REFERRED TO COMMITTEE ON LIQUOR CONTROL, NOVEMBER 2, 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 providing for definitions;

and, in licenses and regulations and liquor, alcohol and malt

and brewed beverages, further providing for authority to

issue liquor licenses to hotels, restaurants and clubs, for

sale of malt or brewed beverages by liquor licensees, for

retail dispensers' restrictions on purchases and sales and

for premises to be vacated by patrons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "retail dispenser" in section

102 of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, is 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:

* * *

"Retail dispenser" shall mean any person licensed 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. Sections 401(a), 407(a), 442(a)(1) and 499(a.1)

(1) of the act are 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,

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restaurant liquor licenses and club liquor licenses,

respectively. No person who holds any public office that

involves the duty to enforce any of the penal laws of the United

States, this Commonwealth or of any political subdivision of

this Commonwealth may have any interest in a hotel or restaurant

liquor license. This prohibition applies to anyone with arrest

authority, including, but not limited to, United States

attorneys, State attorneys general, district attorneys, sheriffs

and police officers. This prohibition shall also apply to

magisterial district judges, judges or any other individuals who

can impose a criminal sentence. This prohibition does not apply

to members of the General Assembly, township supervisors, city

councilpersons, mayors without arrest authority and any other

public official who does not have the ability to arrest or the

ability to impose a criminal sentence. This section does not

apply if the proposed premises are located outside the

jurisdiction of the individual in question.

* * *

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]. A

licensee may make individual sales of more than one hundred

ninety-two fluid ounces for consumption off the premises. No

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licensee may make a sale containing an original container

holding more than one hundred ninety-two fluid ounces. In

addition, no licensee may sell malt or brewed beverages for

consumption off the premises at a cost lower than the price at

which it was acquired by the licensee. The sales may be made in

either open or closed containers, Provided, however, That a

municipality may adopt an ordinance restricting open containers

in public places. 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 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. [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] as provided in section 407.

Sales may be made in open or closed containers, Provided,

however, That a municipality may adopt an ordinance restricting

open containers in public places. 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 499. Premises to be Vacated by Patrons.--* * *

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

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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;]

* * *

Section 3. This act shall take effect in 30 days.

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