Regular Session 2023-2024 House Bill 0041 P.N. 0030

PRINTER'S NO. 30

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2023

INTRODUCED BY MUSTELLO, ARMANINI, KEEFER, LEADBETER, MERCURI,

ROWE AND SMITH, MARCH 7, 2023

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 7, 2023

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

distilleries, wineries, bonded warehouses, bailees for hire

and transporters for hire, providing for transporters for

hire.

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, is amended by adding a section to read:

Section 505.5. Transporters for Hire.--(a) Except as

provided under subsection (b), a person who transports alcohol

for hire within this Commonwealth shall obtain a Transporter-

for-Hire Class A license, a Transporter-for-Hire Class B

license, a Transporter-for-Hire Class C license or a

Transporter-for-Hire Class D license from the board as provided

under this section.

(b) Alcohol may be transported without a transporter-for-

hire license under any of the following conditions:

(1) If the alcohol in question is denatured alcohol.

(2) If the alcohol in question is for the personal use of,

and not for resale by, the transporter.

(3) If transportation is by a licensee of the board whose

license or permit authorizes the transportation of liquor, malt

or brewed beverages or alcohol in the regular operation of the

licensee's business.

(4) If transportation is by a person who transports alcohol

through this Commonwealth commercially and not for delivery

within this Commonwealth, including transportation accomplished

by scheduled common air carriers of mail and passengers and by

common carriers by railroad, subject to regulation by the

Pennsylvania Public Utility Commission. Transportation under

this paragraph shall be subject to the following conditions:

(i) The operator of the vehicle shall have in the operator's

possession at all times while in this Commonwealth an invoice

and a bill of lading or waybill showing the brand name, size and

number of containers of liquor, malt or brewed beverages or

alcohol being transported, which shall be produced for

inspection upon the request of a police officer, board employee

or enforcement officer.

(ii) The cargo must remain intact and upon the same vehicle

or conveyance while in this Commonwealth, unless prevented by an

accident or other similarly uncontrollable circumstance.

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(5) If there is no charge associated with the transportation

of the alcohol.

(6) If the malt or brewed beverages, wine or liquor are

being transported by hand, without the use of a motorized

vehicle, by a person employed by the licensee or transporter-

for-hire licensee from the licensed premises to a customer

located in his or her vehicle who had previously ordered and

paid for the alcohol online or paid for the alcohol in person in

the licensed premises, provided that the customer's vehicle is

located at a designated curbside location outside the licensed

premises or otherwise in close proximity to the exterior of the

building housing the licensed premises.

be submitted to the board and shall be in the form and manner

prescribed by the board. The application shall be accompanied by

application and license fees as provided under section 614-A of

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

Administrative Code of 1929. The license shall be issued for the

calendar year, and the license fee shall be prorated quarterly,

as provided under section 508.

(2) A Transporter-for-Hire Class D license application shall

be subject to the same fees as a Transporter-for-Hire Class A

license, but shall also be subject to a ten thousand dollar

($10,000) initial surcharge and an annual renewal of one

thousand dollars ($1,000). A Transporter-for-Hire Class D

license shall only be available to a person who is primarily

engaged in the business of transporting and delivering items.

(d) The board shall issue a transporter-for-hire license as

follows:

(1) A Transporter-for-Hire Class A license shall authorize

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the holder to engage in the commercial transportation of all

forms of alcohol to or from points located in this Commonwealth.

(2) A Transporter-for-Hire Class B license shall authorize

the holder to engage in the commercial transportation of malt or

brewed beverages only, to or from points located in this

Commonwealth.

(3) A Transporter-for-Hire Class C license shall authorize

the holder to engage a fleet of vehicles in the commercial

transportation of all forms of alcohol to or from points located

in this Commonwealth.

(4) A Transporter-for-Hire Class D license shall authorize

the holder to engage in the commercial transportation of all

forms of alcohol to or from points located in this Commonwealth.

The following shall apply:

(i) A Transporter-for-Hire Class D license holder may accept

alcohol beverage orders on behalf of licensees and permittees

who are authorized to sell alcohol beverages for off-premises

consumption, for delivery to unlicensed customers only. Such

orders may be placed through telephonic orders or through web-

based platforms owned and operated by the licensee, the

Transporter-for-Hire Class D license holder or a third party,

provided that the sale of alcohol is made solely by the

licensee. Orders made by unlicensed purchasers and delivered by

a Transporter-for-Hire Class D license holder on behalf of a

licensee or made under subsection (b)(6) without the necessity

of a transporter-for-hire permit shall not require an in-person

exchange of consideration or presentation of identification for

proof of age on a licensed premises.

(ii) A Transporter-for-Hire Class D license holder may

accept alcohol beverage orders on behalf of the board for

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delivery to unlicensed customers only. Such orders may be placed

through telephonic orders or through web-based platforms owned

and operated by the board, the Transporter-for-Hire Class D

license holder or a third party, provided that the sale of

alcohol is made solely by the board. Payments for the alcohol

may be accepted by the Transporter-for-Hire Class D license

holder from unlicensed purchasers only and the payments shall be

transferred directly to the licensed seller or to the board in

the normal course of business.

(iii) A Transporter-for-Hire Class D license holder must

enter into a written agreement with the selling licensee or

selling permittee authorizing the transporter to provide

delivery services to the licensee or permittee prior to

providing delivery services, and the Transporter-for-Hire Class

D license holder must enter into a written agreement with the

board authorizing the transporter to provide delivery services

prior to providing delivery services. A copy of each agreement

shall be maintained by the Transporter-for-Hire Class D license

holder, selling licensee and selling permittee as a business

record and shall be made available upon request to the board and

to the enforcement bureau.

(e) A transporter-for-hire license holder shall maintain and

keep, in hard copy or electronic media consistent with generally

accepted accounting procedures, for a period of at least two (2)

years, complete and accurate daily records of transactions

conducted under the authority of the license and shall take

reasonable steps to protect personally identifiable information,

consistent with applicable law. Records shall be subject to

inspection by authorized representatives of the board and

enforcement bureau. Copies of reports or forms required by

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Federal or State governmental agencies related to the licensed

operation shall be maintained for a period of two (2) years

unless required to be maintained for a longer period by the

Federal or State agency. The reports or forms shall also be open

to inspection by authorized representatives of the board and

enforcement bureau.

(f) A transporter-for-hire license holder who is delivering

alcohol to a nonlicensee must require proof of age of the

recipient, in a manner or format approved by the board, before

delivering the alcohol.

(g) All transporter-for-hire employees or agents that

deliver alcohol to nonlicensees shall qualify as servers under

the responsible alcohol management online training program

authorized under section 471.1 or an approved alternative

training program.

(h) For purposes of the sales limits on malt or brewed

beverages provided under sections 407 and 442, a Transporter-

for-Hire Class D license holder may accept and forward orders

for no more than one hundred ninety-two (192) fluid ounces of

malt or brewed beverages per day per customer per selling

licensee.

(i) For purposes of the sales limits on wine provided under

section 415, a Transporter-for-Hire Class D license holder may

accept and forward orders for no more than three thousand

(3,000) milliliters of wine per day per customer per selling

wine expanded permit holder. The Transporter-for-Hire Class D

license holder must use a transaction scan device to verify the

age of the customer prior to delivering the wine in question and

must provide the wine expanded permit holder with the results of

that scan, upon request. A wine expanded permit holder may use

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the data of that scan to fulfill the similar requirement

provided under section 415(a)(8).

(j) Each driver for a transporter-for-hire license holder

shall carry in the vehicle used in the operation of the business

documentation showing their name, address, including the street

name and number as shown on the license, and the license number

as shown on the license and must be able to readily produce the

documentation upon demand of a law enforcement official or other

authorized agency. The license identification number shall be

preceded by the letters "P.L.C.B."

(k) While transporting alcohol beverages, a driver for a

transporter-for-hire license holder shall maintain in each

vehicle documentation, in the form of an order or invoice or

similar documentation, which may be in electronic or paper form,

indicating the name and address of the licensee for whom the

driver is making a delivery and the purchaser to whom the driver

is making a delivery. The documentation shall be available for

inspection by the board and the enforcement bureau at all times.

(l) A transporter-for-hire license holder shall be

considered a "licensee" for purposes of section 493. A

transporter-for-hire license holder that violates section

493(1), violates the provisions of this section related to

alcohol service personnel training, recordkeeping or fails to

enter into the written agreement as provided under subsection

(d)(4), shall be subject to the citation process outlined in

section 471.

(m) Notwithstanding any other provision of law, a selling

licensee, selling permittee or the board shall not be criminally

or civilly liable for sales or service of alcohol to a minor or

to a visibly intoxicated person if the order for the alcohol in

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question was processed by a Transporter-for-Hire Class D license

holder unless the selling licensee, selling permittee or the

board knew or should have known that the alcohol was being

purchased by or delivered to a minor or visibly intoxicated

person.

(n) For the purposes of this section, a "selling licensee"

or "selling permittee" is the holder of a license or permit

issued by the board which authorizes the sale of malt or brewed

beverages, wine or liquor and who sells malt or brewed

beverages, wine or liquor to a Transporter-for-Hire Class D

license holder.

Section 2. This act shall take effect in 60 days.

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