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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, GEIST, KORTZ, MUSTIO, READSHAW, SONNEY, SWANGER AND WAGNER, JANUARY 21, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 21, 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 definitions, for sales by liquor |
18 | licensees and restrictions and for unlawful acts relative to |
19 | liquor, malt and brewed beverages and licensees. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. Section 102 of the act of April 12, 1951 (P.L.90, |
23 | No.21), known as the Liquor Code, reenacted and amended June 29, |
24 | 1987 (P.L.32, No.14), is amended by adding definitions to read: |
25 | Section 102. Definitions.--The following words or phrases, |
26 | unless the context clearly indicates otherwise, shall have the |
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1 | meanings ascribed to them in this section: |
2 | * * * |
3 | "Catered event" shall mean the furnishing of prepared foods |
4 | in conjunction with alcoholic beverages for the accommodation of |
5 | a group of people who made arrangements for the event at least |
6 | forty-eight hours in advance and is paid for and sponsored by a |
7 | third party. |
8 | * * * |
9 | "Happy hour" shall mean the period of time during which a |
10 | licensee discounts alcoholic beverages. |
11 | * * * |
12 | Section 2. Section 406(a)(1) of the act, amended July 6, |
13 | 2005 (P.L.135, No.39), is amended and the section is amended by |
14 | adding subsections to read: |
15 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) |
16 | (1) Every hotel, restaurant or club liquor licensee may sell |
17 | liquor and malt or brewed beverages by the glass, open bottle or |
18 | other container, and in any mixture, for consumption only in |
19 | that part of the hotel or restaurant habitually used for the |
20 | serving of food to guests or patrons, or, in the case of a |
21 | restaurant, hotel or eating place licensee, at a catered event |
22 | off the licensed premises, or in a bowling alley that is |
23 | immediately adjacent to and under the same roof as a restaurant, |
24 | and in the case of hotels, to guests, and in the case of clubs, |
25 | to members, in their private rooms in the hotel or club. No club |
26 | licensee nor its officers, servants, agents or employes, other |
27 | than one holding a catering license, shall sell any liquor or |
28 | malt or brewed beverages to any person except a member of the |
29 | club. The holder of a restaurant license located in a hotel may |
30 | sell liquor or malt or brewed beverages for consumption in that |
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1 | part of the restaurant habitually used for the serving of meals |
2 | to patrons and also to guests in private guest rooms in the |
3 | hotel. For the purpose of this paragraph, any person who is an |
4 | active member of another club which is chartered by the same |
5 | state or national organization shall have the same rights and |
6 | privileges as members of the particular club. For the purpose of |
7 | this paragraph, any person who is an active member of any |
8 | volunteer firefighting company, association or group of this |
9 | Commonwealth, whether incorporated or unincorporated, shall upon |
10 | the approval of any club composed of volunteer firemen licensed |
11 | under this act, have the same social rights and privileges as |
12 | members of such licensed club. For the purposes of this |
13 | paragraph, the term "active member" shall not include a social |
14 | member. Any club licensee which is either an incorporated unit |
15 | of a national veterans' organization or an affiliated |
16 | organization as defined in section 461.1 shall be permitted to |
17 | sell liquor or malt or brewed beverages to any active member of |
18 | another unit which is chartered by the same national veterans' |
19 | organization or to any member of a nationally chartered |
20 | auxiliary associated with the same national veterans' |
21 | organization. |
22 | * * * |
23 | (f) The holder of a hotel license or a restaurant license |
24 | may sell up to three bottles of wine for consumption off the |
25 | licensed premises so long as the bottles of wine remain sealed. |
26 | For purposes of this subsection, "wine" shall have the meaning |
27 | given to it under section 488(i). |
28 | (g) The holder of a hotel license, eating place license or a |
29 | restaurant license may use that license to hold a catered event |
30 | off the licensed premises and on otherwise unlicensed premises |
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1 | where the licensee may sell wine, liquor and malt or brewed |
2 | beverages by the glass, open bottle or other container, and in |
3 | any mixture, for consumption on those premises solely used for |
4 | catering purposes so long as the liquor and malt or brewed |
5 | beverages were purchased in conjunction with a meal which will |
6 | be consumed on the catered premises. There shall be no |
7 | limitation on the number of off-premises catered events a |
8 | licensee may hold at any given time. At no time may an off- |
9 | premises catering permittee agree to hold a catered event that |
10 | includes the sale of alcohol at a location within a dry |
11 | municipality. In addition, the off-premises catering permittee |
12 | shall give the local police department or the Pennsylvania State |
13 | Police, if there is no local police department, written notice |
14 | at least forty-eight hours prior to each off-premises catered |
15 | event. Written notice shall consist of notifying the police of |
16 | the date, time and place of the impending sale of alcoholic |
17 | beverages. |
18 | (h) The holder of a hotel license or a restaurant license or |
19 | an eating place license may have up to fourteen hours per week |
20 | during which the holder discounts the price of alcoholic |
21 | beverages. The licensee may use as many of the fourteen hours |
22 | per business day as the licensee chooses so long as the hours do |
23 | not exceed fourteen hours in any given week and so long as no |
24 | discounts are given between the hours of midnight and the legal |
25 | closing time. |
26 | Section 3. Section 493(10) of the act, amended December 20, |
27 | 2000 (P.L.992, No.141), is amended and the section is amended by |
28 | adding a paragraph to read: |
29 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
30 | Brewed Beverages and Licensees.--The term "licensee," when used |
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1 | in this section, shall mean those persons licensed under the |
2 | provisions of Article IV, unless the context clearly indicates |
3 | otherwise. |
4 | It shall be unlawful-- |
5 | * * * |
6 | (10) Entertainment on Licensed Premises (Except Clubs); |
7 | Permits; Fees. For any licensee, his servants, agents or |
8 | employes, except club licensees, public venue licensees or |
9 | performing arts facility licensees, to permit in any licensed |
10 | premises or in any place operated in connection therewith, |
11 | dancing, theatricals or floor shows of any sort, or moving |
12 | pictures other than television, or such as are exhibited through |
13 | machines operated by patrons by the deposit of coins, which |
14 | project pictures on a screen not exceeding in size twenty-four |
15 | by thirty inches and which forms part of the machine, unless the |
16 | licensee shall first have obtained from the board a special |
17 | permit to provide such entertainment, or for any licensee, under |
18 | any circumstances, to permit in any licensed premises or in any |
19 | place operated in connection therewith any lewd, immoral or |
20 | improper entertainment, regardless of whether a permit to |
21 | provide entertainment has been obtained or not. The special |
22 | permit may be used only during the hours when the sale of liquor |
23 | or malt or brewed beverages is permitted, unless the licensee |
24 | holds an extended hours food license under section 499(b) which |
25 | license would allow the special permit to be used while the |
26 | establishment is open, and between eleven o'clock antemeridian |
27 | on Sunday and two o'clock antemeridian on the following Monday, |
28 | regardless of whether the licensee possesses a Sunday sales |
29 | permit. The board shall have power to provide for the issue of |
30 | such special permits, and to collect an annual fee for such |
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1 | permits as prescribed in section 614-A of the act of April 9, |
2 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
3 | 1929." All such fees shall be paid into the State Stores Fund. |
4 | No such permit shall be issued in any municipality which, by |
5 | ordinance, prohibits amusements in licensed places. Any |
6 | violation of this clause shall, in addition to the penalty |
7 | herein provided, subject the licensee to suspension or |
8 | revocation of his permit and his license. |
9 | * * * |
10 | (33) Off-premises Catering Permit; Fees. For any licensee, |
11 | his servants, agents or employes to cater an event that includes |
12 | the sale and service of alcoholic beverages at a location other |
13 | than the licensed premises, unless the licensee shall first have |
14 | obtained from the board a special permit to provide such |
15 | catering services. Only those licensees currently holding a |
16 | valid restaurant, hotel or eating place license that has been |
17 | certified under the board's responsible alcohol management |
18 | program as required by section 471.1 shall be allowed to apply |
19 | for such a permit. The board shall have the power to provide for |
20 | the issue of such special permits to qualified licensees and to |
21 | collect an annual fee for such permits as prescribed in section |
22 | 614-A of "The Administrative Code of 1929." All such fees shall |
23 | be paid into the State Stores Fund. Any violation of this act |
24 | shall subject the licensee to suspension or revocation of his |
25 | permit and preclude him from applying for a future off-premises |
26 | catering permit. |
27 | Section 4. This act shall take effect in 60 days. |
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