THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY McILHINNEY, SCARNATI, M. WHITE AND D. WHITE, JUNE 11, 2012

REFERRED TO LAW AND JUSTICE, JUNE 11, 2012  

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,"

providing for wine and spirits retail license; and further

providing for interlocking business prohibited.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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 section to read:

Section 415.  Wine and Spirits Retail License.--(a)  The

board is authorized to issue one wine and spirits retail license

to each person, association or corporation who holds and

possesses a hotel liquor license or restaurant liquor license in

good standing.

(b)  A license shall authorize the sale at retail of wine and

spirits on the licensed premises, during normal business hours,

for up to seven days a week. A licensee may sell, for

consumption off premises, wine and spirits in any quantity. No

sales may take place after twelve o'clock midnight of any day

until seven o'clock antemeridian of the same day.

(c)  An applicant shall file a written application with the

board in the manner determined by the board. The application

shall include a description or plan of the part of the hotel or

restaurant where the storage and sales of wine and spirits for

retail are proposed.

(d)  The board shall impose an annual license fee in the

amount of ten thousand dollars ($10,000) for a wine and spirits

retail license. No other fees shall apply to a wine and spirits

retail licensee.

(e)  Each Pennsylvania Liquor Store shall sell wine and

spirits at ten per centum (10%) above the board's actual

purchase price, plus applicable taxes, to wine and spirits

retail licensees.

(f)  A person, association or corporation may apply for only

one wine and spirits retail license to be used at one location.

Section 2.  Section 443(b) of the act, amended May 31, 1996,

P.L.312, No.49), is amended to read:

Section 443.  Interlocking Business Prohibited.--* * *

(b)  No distributor or importing distributor and no officer

or director of any distributor or importing distributor shall at

the same time be a manufacturer, a retail dispenser or a liquor

licensee, or be an officer, director, stockholder or creditor of

a manufacturer, a retail dispenser or a liquor licensee, or,

directly or indirectly, own any stock of, or have any financial

interest in, or be the owner, proprietor or lessor of, any place

covered by any other malt or brewed beverage or liquor

license[.], except that the holder of a distributor license may

also hold and operate one retail dispenser license as provided

under section 432 for use at premises adjoining and open to the

distributor's licensed premises. All requirements for each

respective license must be satisfied. The board shall assess a

one-time license fee in the amount of ten thousand dollars

($10,000) for the additional license and all other applicable

filing and license fees shall be as prescribed under section

614-A of the act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929."

* * *

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