H0425B0938A00820 MSP:JSL 04/26/21 #90 A00820
AMENDMENTS TO HOUSE BILL NO. 425
Sponsor: SENATOR BREWSTER
Printer's No. 938
Amend Bill, page 1, line 19, by inserting after
"restrictions"
and for prepared beverages and mixed drinks for off-premises
consumption during disaster emergency and providing for
safekeeping during 2020 disaster emergency
Amend Bill, page 2, by inserting between lines 8 and 9
Section 1.1. The heading of section 417 of the act, added
May 21, 2020 (P.L.149, No.21), is amended and the section is
amended by adding subsections to read:
Section 417. [Prepared Beverages and Mixed Drinks for Off-
Premises Consumption During] COVID-19 Disaster Emergency.--* * *
(a.1) Notwithstanding any other provision of this act, the
following shall apply to the temporary extension of the licensed
premises:
(1) Upon receipt of a request from a licensed club, catering
club, restaurant, retail dispenser, hotel, limited distillery,
distillery, brewery or limited winery, the board may temporarily
extend the licensed premises of the applicant to include any
outside serving area that is:
(i) immediately adjacent to the existing licensed areas; or
(ii) within one thousand feet of the main licensed building,
notwithstanding that the area to be temporarily licensed and the
main licensed building are separated by a public thoroughfare.
(2) The board shall grant immediate operating authority to
the applicant to use the outside area subject to the request
while the board processes the request.
(3) The operating authority under this subsection shall be
terminated if:
(i) a valid protest is received; or
(ii) the board determines that the proposed area does not
meet the requirements of this act and board regulations for the
licensing of the area in question.
(4) A filing fee may not be required from an applicant under
this subsection.
(5) The board may require the applicant to provide any
information that the board deems relevant.
(a.2) The following shall apply to the issuance of off-
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premises catering permits:
(1) The board may authorize an unlimited number of off-
premises catered functions to entities that qualify for the
permits under this act.
(2) An application fee may not be required from an entity
requesting a catering permit under this subsection.
(3) An application for a catering permit under this
subsection shall not need to be submitted prior to March 1 of
that calendar year.
(4) A five-hour limit on catered functions shall not apply
to a catering permit under this subsection. Except for any
requirement under this act for a catered function not
specifically waived under this subsection, each requirement for
a catered function shall apply.
(5) The authority to operate on a temporarily extended
licensed premises shall expire December 31, 2022.
(a.3) Subsections (a.1) and (a.2) shall expire December 31,
2022.
* * *
Section 1.2. The act is amended by adding a section to read:
Section 462.1. Safekeeping During 2020 Disaster Emergency.--
In addition to the authority under section 462 and
notwithstanding any other provision of this act, the board may
do any of the following during the proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency:
(1) Provide an additional year of safekeeping for a club or
catering club license that was in safekeeping during the
proclamation of disaster emergency. A license under this
paragraph may not be subject to a renewal, validation or late
fee that would be due during the additional year, except that
the licensee must file a renewal or validation that becomes due.
An additional year of safekeeping under this paragraph shall
start on the date of a renewal or validation of the license that
occurs after December 31, 2021, and shall be in addition to the
two years authorized under section 474.
(2) Provide an additional year of safekeeping for a
restaurant, eating place retail dispenser, hotel, importing
distributor and distributor license that was in safekeeping
during the proclamation of disaster emergency. A license under
this paragraph may not be subject to a renewal, validation, late
or safekeeping fee that would be due during the additional year,
except that the licensee must file a renewal or validation that
becomes due. An additional year of safekeeping under this
paragraph shall start on the date of a renewal or validation of
the license that occurs after December 31, 2021.
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See A00820 in
the context
of HB0425