H1160B1210A00546 NAD:EJH 05/18/23 #90 A00546
AMENDMENTS TO HOUSE BILL NO. 1160
Sponsor: REPRESENTATIVE DEASY
Printer's No. 1210
Amend Bill, page 1, line 19, by striking out the period after
"restrictions" and inserting
, for retail dispensers' restrictions on purchases and sales,
for breweries and for unlawful acts relative to liquor, malt
and brewed beverages and licensees.
Amend Bill, page 1, lines 22 and 23, by striking out all of
said lines and inserting
Section 1. Sections 406(f)(3) and (13) and (h), 442(f)(2)
and (13), 446(b)(3) and (13) and 493(33) of the act of April 12,
1951 (P.L.90, No.21), known as the Liquor Code, are amended to
read:
Amend Bill, page 2, by inserting between lines 14 and 15
(13) no catered function may be held for more than [five]
six hours per day and must end by midnight unless the catered
function occurs on December 31 of any calendar year on which
date the catered function must end by two o'clock antemeridian;
* * *
(h) Notwithstanding any other provision of law or
regulation, a catering club licensee may cater a self-sponsored
event no more than [twelve] twenty-four occasions during its
licensed term with no more than [one event] two events in any
calendar month.
* * *
Section 442. Retail Dispensers' Restrictions on Purchases
and Sales.--* * *
(f) The holder of an eating place retail dispenser license
may obtain an off-premises catering permit under section 493(33)
to hold a catered function off of the licensed premises and on
otherwise unlicensed premises where the licensee may sell malt
or brewed beverages by the glass, open bottle or any other
container, together with food, for consumption on those premises
solely used for catering premises. Functions conducted under the
authority of the permit shall be subject to the following:
* * *
(2) each catered function shall last no longer than one day
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and [not more than fifty-two] an unlimited number of catered
functions may be held each calendar year by each license holder
for use with a particular license;
* * *
(13) no catered function may be held for more than [five]
six hours per day and must end by midnight unless the catered
function occurs on December 31 of any calendar year on which the
date the catered function must end by two o'clock antemeridian;
* * *
Section 446. Breweries.--* * *
(b) The holder of a brew pub license may obtain an off-
premises catering permit subject to section 493(33) to hold a
catered function off the licensed premises and on otherwise
unlicensed premises where the licensee may sell wine produced by
a licensed limited winery and malt or brewed beverages produced
by the brewery by the glass, open bottle or other container
together with food, and in any mixture, for consumption on those
premises. Functions conducted under the authority of the permit
shall be subject to the following:
* * *
(3) each catered function shall last no longer than one day
and [not more than fifty-two] an unlimited number of catered
functions may be held each calendar year by each license holder
for use with a particular license;
* * *
(13) no catered function may be held for more than [five]
six hours per day and must end by midnight unless the catered
function occurs on December 31 of any calendar year on which
date the catered function must end by two o'clock antemeridian;
* * *
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--
* * *
(33) Off-premises Catering Permit; Fees. For any licensee,
his servants, agents or employes to sell alcohol at a location
other than its licensed premises, unless the sale is
specifically authorized under this act, or unless the licensee
receives a special permit from the board to do so. Only those
licensees holding a current and valid restaurant, hotel, brew
pub or eating place license shall be allowed to apply for such a
permit. Any licensee that wishes to obtain an off-premises
catering permit must notify the board and pay the permitting
fee. [by March of each calendar year regardless of whether the
licensee has scheduled catered events. Any licensee that fails
to notify the board and pay the permit fee by March 1 shall be
precluded from obtaining the permit for that calendar year.] If
a licensee notifies the board and pays the permitting fee [by
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March 1] and does not then use the permit throughout the
calendar year, the licensee shall not be entitled to a return of
the permitting fee. [Any licensee not granted a license until
after March 1 of the calendar year shall have sixty days from
the date of the license transfer to notify the board of the
licensee's intention to use an off-premises catering permit and
pay the permitting fee. The board shall have the discretion to
allow the issuance of the permit after the March 1 deadline if
the applicant is a licensee in good standing with the board and
complies with all other requirements for the off-premises
catering permit.] A licensee shall apply for the permit at least
sixty days prior to the first catered function. All servers at
the off-premises catered function shall be certified under the
board's responsible alcohol management program as required under
section 471.1. The board may charge a fee of five hundred
dollars ($500) each calendar year, to each applicant for the
initial permit associated with a particular license, but no
further fee shall be charged for any subsequent permits issued
to the applicant for the license during the same calendar year.
The applicant shall submit written notice to the board thirty
days prior to each catered event, unless this time frame has
been waived by the board, and the board may approve or
disapprove each event if the applicant fails to provide timely
notice of the catered function, does not intend to conduct a
function that meets the requirements of this act or has
previously conducted a function that did not meet the
requirements of this act. The fees shall be paid into the State
Stores Fund. Any violation of this act or the board's
regulations for governing activity occurring under the authority
of this permit may be the basis for the issuance of a citation
under section 471, the nonrenewal of the license under section
470 or the refusal by the board to issue subsequent permits or
honor subsequent dates on the existing permit. This penalty
shall be in addition to any other remedies available to the
enforcement bureau or the board.
* * *
Amend Bill, page 2, line 15, by striking out "January 1,
2025." and inserting
as follows:
(1) The amendment of section 406(h) of the act shall
take effect in 60 days.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect January
1, 2025.
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