SENATE AMENDED
PRIOR PRINTER'S NOS. 112, 1396, 2259 PRINTER'S NO. 3609
No. 103 Session of 1993
INTRODUCED BY OLIVER, RIEGER, BISHOP, LaGROTTA, TIGUE, PESCI,
TRELLO, KENNEY, STABACK, KELLER, CURRY, SCHULER, OLASZ,
MIHALICH, LINTON, LEDERER, GIGLIOTTI, KIRKLAND, DALEY, JAMES,
DONATUCCI, JOSEPHS, HUGHES, PRESTON AND WILLIAMS,
JANUARY 27, 1993
SENATOR SHUMAKER, LAW AND JUSTICE, IN SENATE, RE-REPORTED AS
AMENDED, APRIL 25, 1994
AN ACT
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 enforcement and for the issuance or <--
18 transfer of liquor licenses in license districts in cities of
19 the first class; AND PROVIDING FOR THE ISSUANCE OF A <--
20 RESTRICTED RESTAURANT LICENSE FOR CERTAIN PREMISES IN A CITY
21 OF THE FIRST CLASS SPECIAL OCCASION PERMITS, FOR DEFINITIONS, <--
22 FOR LICENSE ISSUANCE AND FOR UNLAWFUL ACTS; IMPOSING DUTIES
23 ON THE PENNSYLVANIA LIQUOR CONTROL BOARD; AND FURTHER
24 PROVIDING FOR UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
25 BREWED BEVERAGES AND LICENSEES.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
1 Section 1. Sections 211(d) and SECTION 404 of the act of <--
2 April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
3 reenacted and amended June 29, 1987 (P.L.32, No.14), are IS <--
4 amended to read:
5 SECTION 1. SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, <--
6 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
7 1987 (P.L.32, NO.14), IS AMENDED BY ADDING DEFINITIONS TO READ:
8 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
9 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
10 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
11 * * *
12 "PATRON" SHALL MEAN AN INDIVIDUAL WHO PURCHASES FOOD,
13 NONALCOHOLIC BEVERAGES, LIQUOR, ALCOHOL OR MALT OR BREWED
14 BEVERAGES FOR A CONSIDERATION FROM A LICENSEE OR ANY PERSON ON
15 THE LICENSED PREMISES EXCEPT THOSE ACTUALLY ENGAGED IN AN
16 EMPLOYMENT RELATED ACTIVITY.
17 * * *
18 "PURCHASE" SHALL MEAN OBTAINING FOOD, NONALCOHOLIC BEVERAGES,
19 LIQUOR, ALCOHOL OR MALT OR BREWED BEVERAGES FOR A CONSIDERATION.
20 * * *
21 "SERVICE" SHALL MEAN THE ACT OF PROVIDING FOOD, NONALCOHOLIC
22 BEVERAGES, LIQUOR, ALCOHOL OR MALT BREWED BEVERAGES TO A PATRON.
23 "VACATE" SHALL MEAN TO PHYSICALLY LEAVE A LICENSED PREMISES.
24 * * *
25 SECTION 2. SECTION 404 OF THE ACT IS AMENDED TO READ:
26 Section 211. Enforcement.--* * * <--
27 (d) The Office of Chief Counsel for the Pennsylvania State
28 Police shall represent the enforcement bureau in all enforcement
29 proceedings brought before the Office of Administrative Law
30 Judge or any other adjudicatory body. The enforcement bureau is
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1 bound by legal opinions issued by the board or its counsel.
2 Section 404. Issuance of Hotel, Restaurant and Club Liquor
3 Licenses.--Upon receipt of the application, the proper fees and
4 bond, and upon being satisfied of the truth of the statements in
5 the application that the applicant is the only person in any
6 manner pecuniarily interested in the business so asked to be
7 licensed and that no other person will be in any manner
8 pecuniarily interested therein during the continuance of the
9 license, except as hereinafter permitted, and that the applicant
10 is a person of good repute, that the premises applied for meet
11 all the requirements of this act and the regulations of the
12 board, that the applicant seeks a license for a hotel,
13 restaurant or club, as defined in this act, and that the
14 issuance of such license is not prohibited by any of the
15 provisions of this act, the board shall, in the case of a hotel
16 or restaurant, grant and issue to the applicant a liquor
17 license, and in the case of a club may, in its discretion, issue
18 or refuse a license: Provided, however, That in the case of any
19 new license or the transfer of any license to a new location the
20 board may, in its discretion, grant or refuse such new license
21 or transfer if such place proposed to be licensed is within
22 three hundred feet of any church, hospital, charitable
23 institution, school, or public playground, or if such new
24 license or transfer is applied for a place which is within two
25 hundred feet of any other premises which is licensed by the
26 board: And provided further, That the board shall refuse any
27 application for a new license or the transfer of any license to
28 a new location if, in the board's opinion, such new license or
29 transfer would be detrimental to the welfare, health, peace and
30 morals of the inhabitants of the neighborhood within a radius of
19930H0103B3609 - 3 -
1 five hundred feet of the place proposed to be licensed: And
2 provided further, That, PRIOR TO JULY 1, 1996, in any license <--
3 district in a city of the first class, the board shall MAY, IN <--
4 ITS OPINION, refuse any application for a new license or for any
5 person-to-person and place-to-place or place-to-place transfer
6 of any license if the licensed premises is or would be within
7 three hundred feet of any church, hospital, charitable
8 institution, school or public playground, or within two hundred
9 feet of any other premises licensed by the board or AND, if, in <--
10 the opinion of the board the licensed premises is or would be
11 detrimental to the welfare, health, peace and morals of SUCH <--
12 CHURCH, HOSPITAL, SCHOOL, PUBLIC PLAYGROUND AND/OR the
13 inhabitants of the neighborhood within a radius of five hundred
14 feet of the licensed premises: And provided further, That the
15 board shall not issue new licenses in any license district more
16 than twice each license year, effective from specific dates
17 fixed by the board, and new licenses shall not be granted,
18 except for hotels as defined in this act, unless the application
19 therefor shall have been filed at least thirty days before the
20 effective date of the license: And provided further, That
21 nothing herein contained shall prohibit the board from issuing a
22 new license for the balance of any unexpired term in any license
23 district to any applicant in such district, who shall have
24 become eligible to hold such license as the result of
25 legislative enactment, when such enactment shall have taken
26 place during the license term of that district for which
27 application is made or within the thirty days immediately
28 preceding such term, nor shall anything herein contained
29 prohibit the board from issuing at any time a new license for an
30 airport restaurant, or municipal golf course, as defined in
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1 section 461 of this act, for the balance of the unexpired
2 license term in any license district: And provided further, That
3 the board shall have the discretion to refuse a license to any
4 person or to any corporation, partnership or association if such
5 person, or any officer or director of such corporation, or any
6 member or partner of such partnership or association shall have
7 been convicted or found guilty of a felony within a period of
8 five years immediately preceding the date of application for the
9 said license. The board shall refuse any application for a new
10 license or the transfer of any license to a location where the
11 sale of liquid fuels or oil is conducted.
12 Section 2. This act shall take effect in 60 days. <--
13 SECTION 3. SECTION 408.4 OF THE ACT, AMENDED JULY 2, 1993 <--
14 (P.L.429, NO.61), IS AMENDED TO READ:
15 SECTION 408.4. SPECIAL OCCASION PERMITS.--(A) UPON
16 APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE
17 COMPANY, VOLUNTEER AMBULANCE COMPANY, VOLUNTEER RESCUE SQUAD,
18 BONA FIDE SPORTSMEN'S CLUB IN EXISTENCE FOR AT LEAST TEN YEARS,
19 NATIONALLY CHARTERED VETERANS' ORGANIZATION AND ANY AFFILIATED
20 LODGE OR SUBDIVISION OF SUCH ORGANIZATION, FRATERNAL BENEFIT
21 SOCIETY THAT IS LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND
22 ANY AFFILIATED LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT
23 SOCIETY, OR THE AUXILIARY OF ANY OF THE FOREGOING, AND UPON
24 PAYMENT OF THE PRESCRIBED FEE FOR SPECIAL OCCASION PERMITS UNDER
25 SECTION 614-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
26 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," THE BOARD SHALL
27 ISSUE A SPECIAL OCCASION PERMIT GOOD FOR A PERIOD OF NOT MORE
28 THAN FIVE CONSECUTIVE OR NONCONSECUTIVE DAYS: PROVIDED, HOWEVER,
29 THAT THE FIVE NONCONSECUTIVE DAYS SHALL BE USED IN A THREE-MONTH
30 PERIOD MEASURED FROM THE DATE OF THE FIRST DAY. SPECIAL OCCASION
19930H0103B3609 - 5 -
1 PERMITS MAY ALSO BE ISSUED TO A MUSEUM OPERATED BY A NONPROFIT
2 CORPORATION IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE
3 FIRST CLASS OR A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING
4 ARTS IN A CITY OF THE THIRD CLASS FOR A PERIOD OF NOT MORE THAN
5 SIX NONCONSECUTIVE OR TEN CONSECUTIVE DAYS AT THE PRESCRIBED FEE
6 FOR SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF "THE
7 ADMINISTRATIVE CODE OF 1929."
8 (B) IN ANY CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP IN
9 WHICH THE SALE OF LIQUOR AND/OR MALT OR BREWED BEVERAGES HAS
10 BEEN APPROVED BY THE ELECTORATE, SUCH SPECIAL OCCASION PERMIT
11 SHALL AUTHORIZE THE PERMITTEE TO SELL LIQUOR AND/OR MALT OR
12 BREWED BEVERAGES AS THE CASE MAY BE TO ANY ADULT PERSON ON ANY
13 DAY FOR WHICH THE PERMIT IS ISSUED.
14 (C) SUCH SPECIAL OCCASION PERMIT SHALL ONLY BE VALID FOR THE
15 NUMBER OF DAYS STATED IN THE PERMIT. ONLY ONE PERMIT MAY BE
16 ISSUED TO ANY PERMITTEE DURING THE YEAR. PROVIDED, THAT A MUSEUM
17 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
18 OR TOWNSHIP OF THE FIRST CLASS AND A NONPROFIT CORPORATION
19 ENGAGED IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS MAY
20 BE ISSUED NO MORE THAN SIX PERMITS DURING THE YEAR, EACH PERMIT
21 BEING VALID FOR ONLY ONE DAY, OR IN THE ALTERNATIVE, ONE PERMIT
22 VALID FOR NO MORE THAN A TOTAL OF TEN CONSECUTIVE DAYS PER YEAR,
23 WHICH MAY BE ISSUED ONLY DURING THE MONTH OF AUGUST.
24 (D) SUCH PERMITS SHALL ONLY BE ISSUED FOR USE AT A SPECIAL
25 EVENT INCLUDING, BUT NOT LIMITED TO BAZAARS, PICNICS AND
26 CLAMBAKES. THE SPECIAL EVENT MUST BE ONE WHICH IS USED BY THE
27 PERMITTEE AS A MEANS OF RAISING FUNDS FOR ITSELF.
28 (D.1) THE HOURS DURING WHICH THE HOLDER OF A SPECIAL
29 OCCASION PERMIT MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES
30 SHALL BE LIMITED TO THE HOURS SET FORTH IN SECTION 406 WHICH ARE
19930H0103B3609 - 6 -
1 APPLICABLE TO HOTEL AND RESTAURANT LICENSEES. THE HOURS DURING
2 WHICH A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN
3 A CITY OF THE THIRD CLASS MAY SELL LIQUOR OR MALT OR BREWED
4 BEVERAGES PURSUANT TO A SPECIAL OCCASION PERMIT SHALL BE LIMITED
5 TO THOSE HOURS SET FORTH IN SECTION 408.3(G.1).
6 (D.2) AT LEAST FORTY-EIGHT HOURS PRIOR TO THE SALE OF ANY
7 LIQUOR OR MALT OR BREWED BEVERAGES, THE HOLDER OF A SPECIAL
8 OCCASION PERMIT SHALL NOTIFY THE LOCAL POLICE DEPARTMENT, OR IN
9 THE ABSENCE OF A LOCAL POLICE DEPARTMENT, THE PENNSYLVANIA STATE
10 POLICE, OF THE TIMES WHEN AND PLACE WHERE THE SALE OF LIQUOR OR
11 MALT OR BREWED BEVERAGES SHALL OCCUR.
12 (E) THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE
13 TO ANY LICENSEE NOW OR HEREAFTER POSSESSING A CATERER'S LICENSE,
14 NOR TO ANY PROFESSIONAL FUND RAISER.
15 (F) ANY PERSON SELLING LIQUOR OR MALT OR BREWED BEVERAGES IN
16 VIOLATION OF THIS SECTION SHALL, UPON SUMMARY CONVICTION, BE
17 SENTENCED TO PAY A FINE OF TWO HUNDRED FIFTY DOLLARS ($250) FOR
18 THE FIRST OFFENSE AND A FINE OF FIVE HUNDRED DOLLARS ($500) FOR
19 EACH SUBSEQUENT OFFENSE. THIS FINE SHALL BE IN ADDITION TO ANY
20 OTHER PENALTY IMPOSED BY LAW FOR THE ILLEGAL SALE OF MALT OR
21 BREWED BEVERAGES.
22 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
23 SECTION 408.11. SEASONAL OUTDOOR CAFE.--(A) THE BOARD IS
24 AUTHORIZED TO ISSUE A RESTRICTED RESTAURANT LICENSE IN A CITY OF
25 THE FIRST CLASS FOR THE RETAIL SALE OF LIQUOR AND MALT OR BREWED
26 BEVERAGES BY THE GLASS, OPEN BOTTLE OR OTHER CONTAINER OR IN ANY
27 MIXTURE FOR CONSUMPTION IN A SEASONAL TEMPORARY OUTDOOR CAFE
28 LOCATED ON PREMISES OWNED BY A CITY OF THE FIRST CLASS.
29 (B) THE APPLICATION FOR A LICENSE UNDER THIS SECTION MAY BE
30 FILED AT ANY TIME BY A CONCESSIONAIRE SELECTED AND CERTIFIED BY
19930H0103B3609 - 7 -
1 THE CITY OF THE FIRST CLASS AND SHALL CONFORM WITH ALL
2 REQUIREMENTS FOR RESTAURANT LIQUOR LICENSES AND APPLICATIONS,
3 EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN. THE APPLICANT SHALL
4 SUBMIT SUCH OTHER INFORMATION AS THE BOARD MAY REQUIRE. AN
5 APPLICATION SHALL BE IN WRITING ON FORMS PRESCRIBED BY THE BOARD
6 AND SHALL BE SIGNED AND SUBMITTED TO THE BOARD BY THE APPLICANT.
7 THE FILING FEE SHALL BE AS PRESCRIBED BY LAW FOR RESTAURANT
8 LICENSES.
9 (C) UPON RECEIPT OF THE APPLICATION IN PROPER FORM AND THE
10 APPLICATION FEE AND UPON BEING SATISFIED THAT THE APPLICANT IS
11 OF GOOD REPUTE AND FINANCIALLY RESPONSIBLE, THE BOARD SHALL
12 ISSUE A LICENSE TO THE APPLICANT.
13 (D) THE LICENSE SHALL BE ISSUED FOR THE SAME PERIOD OF TIME
14 AS PROVIDED FOR RESTAURANT LICENSES AND SHALL BE RENEWED AS
15 PROVIDED IN SECTION 402. THE LICENSE SHALL TERMINATE UPON
16 REVOCATION BY THE BOARD OR UPON TERMINATION OF THE CONTRACT
17 BETWEEN THE CONCESSIONAIRE AND THE CITY OF THE FIRST CLASS.
18 (E) THE CHARACTERISTICS OF A RESTAURANT SET FORTH IN SECTION
19 102 SHALL NOT APPLY TO THE SEASONAL TEMPORARY OUTDOOR CAFE
20 LICENSED UNDER THIS SECTION. THE SEASONAL TEMPORARY OUTDOOR CAFE
21 SHALL BE AN OPEN-AIR FACILITY WITH TABLES AND CHAIRS SUFFICIENT
22 TO SEAT AT LEAST THIRTY PERSONS. THE SEASONAL TEMPORARY OUTDOOR
23 CAFE WILL CONSIST OF A TEMPORARY STRUCTURE MEASURING NOT LESS
24 THAN FOURTEEN FEET BY TEN FEET BY TEN FEET WITH A TWENTY FEET BY
25 TWENTY FEET TENT ADJACENT TO OR CONNECTED TO THIS STRUCTURE OVER
26 A TWENTY-FOUR FEET BY TWENTY-FOUR FEET DECK AND LOCATED ON
27 PROPERTY OWNED BY A CITY OF THE FIRST CLASS.
28 (F) THE PENAL SUM OF THE BOND WHICH SHALL BE FILED BY AN
29 APPLICANT FOR A LICENSE ISSUED UNDER THIS SECTION, PURSUANT TO
30 SECTION 465, SHALL BE TWO THOUSAND DOLLARS ($2,000).
19930H0103B3609 - 8 -
1 (G) SALES BY THE HOLDER OF A LICENSE ISSUED UNDER THIS
2 SECTION MAY BE MADE, EXCEPT TO THOSE PERSONS PROHIBITED UNDER
3 CLAUSE (1) OF SECTION 493, ON PREMISES OWNED BY THE CITY OF THE
4 FIRST CLASS AND AVAILABLE FOR USE DURING THE HOURS IN WHICH THE
5 SEASONAL TEMPORARY CAFE IS OPERATED AND UP TO ONE HOUR AFTER THE
6 SCHEDULED CLOSING, AND AT FUNCTIONS WHICH ARE INCIDENTAL TO THE
7 SEASONAL TEMPORARY CAFE, BUT SUCH SALES MAY NOT BE MADE BEYOND
8 THE HOURS EXPRESSED IN THIS ACT FOR THE SALE OF LIQUOR BY
9 RESTAURANT LICENSEES: PROVIDED, HOWEVER, THAT SUCH SALES MAY BE
10 MADE ON SUNDAY BETWEEN THE HOURS OF TWELVE O'CLOCK NOON AND
11 EIGHT O'CLOCK POSTMERIDIAN.
12 (H) WHENEVER A CONTRACT IS TERMINATED PRIOR TO THE
13 EXPIRATION DATE PROVIDED IN THE CONTRACT BETWEEN THE CITY OF THE
14 FIRST CLASS AND THE CONCESSIONAIRE, THE CITY OF THE FIRST CLASS
15 MAY SELECT AND CERTIFY TO THE BOARD A DIFFERENT CONCESSIONAIRE
16 AND THE BOARD SHALL TRANSFER THAT LICENSE TO THE NEW
17 CONCESSIONAIRE. A LICENSE ISSUED UNDER THIS SECTION SHALL NOT BE
18 TRANSFERRED TO ANY OTHER LOCATION. IF THE LICENSE ISSUED UNDER
19 THIS SECTION IS REVOKED, THE BOARD SHALL ISSUE A NEW LICENSE TO
20 A QUALIFIED APPLICANT WITHOUT REGARD TO THE PROHIBITION IN
21 SECTION 471 AGAINST THE GRANT OF A LICENSE AT THE SAME PREMISES
22 FOR A PERIOD OF AT LEAST ONE YEAR.
23 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
24 (1) THE ADDITION OF SECTION 408.11 AND THIS SECTION
25 SHALL TAKE EFFECT IMMEDIATELY.
26 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
27 DAYS.
28 SECTION 4. SECTIONS 491(5) AND 493(7) OF THE ACT ARE AMENDED <--
29 TO READ:
30 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND
19930H0103B3609 - 9 -
1 LIQUOR LICENSEES.--
2 IT SHALL BE UNLAWFUL--
3 * * *
4 (5) FAILURE TO [BREAK] PROPERLY DISPOSE OF EMPTY LIQUOR
5 CONTAINERS. FOR ANY RESTAURANT, HOTEL OR CLUB LICENSEE, HIS
6 SERVANTS, AGENTS OR EMPLOYES, TO FAIL TO BREAK ANY PACKAGE IN
7 WHICH LIQUORS WERE CONTAINED, EXCEPT THOSE DECANTER PACKAGES
8 THAT THE BOARD DETERMINES TO BE DECORATIVE, WITHIN TWENTY-FOUR
9 HOURS AFTER THE ORIGINAL CONTENTS WERE REMOVED THEREFROM[.],
10 UNLESS THE LICENSEE PARTICIPATES IN EITHER A MUNICIPAL RECYCLING
11 PROGRAM, IN ACCORDANCE WITH THE ACT OF JULY 28, 1988 (P.L.556,
12 NO.101), KNOWN AS THE "MUNICIPAL WASTE PLANNING, RECYCLING AND
13 WASTE REDUCTION ACT," OR A VOLUNTARY RECYCLING PROGRAM. THE
14 LICENSEE SHALL PROVIDE PROOF IN WRITING OF THE PARTICIPATION IN
15 A RECYCLING PROGRAM UPON THE DEMAND OF THE BUREAU OF LIQUOR
16 CONTROL ENFORCEMENT OF THE PENNSYLVANIA STATE POLICE. THE PROOF
17 OF PARTICIPATION SHALL BE PROVIDED IN A MANNER AS PRESCRIBED BY
18 THE PENNSYLVANIA LIQUOR CONTROL BOARD.
19 * * *
20 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
21 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
22 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
23 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
24 OTHERWISE.
25 IT SHALL BE UNLAWFUL--
26 * * *
27 (7) ALCOHOLIC STRENGTH ON LABEL OF MALT OR BREWED BEVERAGES.
28 FOR ANY LICENSEE, OR HIS SERVANTS, AGENTS OR EMPLOYES, TO
29 TRANSPORT, SELL, DELIVER OR PURCHASE ANY MALT OR BREWED
30 BEVERAGES UPON WHICH THERE SHALL APPEAR A LABEL OR OTHER
19930H0103B3609 - 10 -
1 INFORMATIVE DATA WHICH [IN ANY MANNER] REFERS TO THE ALCOHOLIC
2 CONTENTS OF THE MALT OR BREWED BEVERAGE[, OR WHICH REFERS IN ANY
3 MANNER TO THE ORIGINAL ALCOHOLIC STRENGTH, EXTRACT OR BALLING
4 PROOF FROM WHICH SUCH MALT OR BREWED BEVERAGE WAS PRODUCED.] IN
5 ANY TERMS OTHER THAN AS A PERCENTAGE OF ALCOHOL BY VOLUME. THIS
6 CLAUSE SHALL BE CONSTRUED TO PERMIT, BUT NOT TO REQUIRE, A
7 MANUFACTURER TO DESIGNATE UPON THE LABEL OR DESCRIPTIVE DATA THE
8 ALCOHOLIC CONTENT OF MALT OR BREWED BEVERAGES IN PERCENTAGE OF
9 ALCOHOL BY VOLUME. THIS CLAUSE SHALL NOT BE CONSTRUED TO
10 PROHIBIT A MANUFACTURER FROM DESIGNATING UPON THE LABEL OR
11 DESCRIPTIVE DATA THE ALCOHOLIC CONTENT OF MALT OR BREWED
12 BEVERAGES INTENDED FOR SHIPMENT INTO ANOTHER STATE OR TERRITORY,
13 WHEN THE LAWS OF SUCH STATE OR TERRITORY REQUIRE THAT THE
14 ALCOHOLIC CONTENT OF THE MALT OR BREWED BEVERAGE MUST BE STATED
15 UPON THE PACKAGE.
16 * * *
17 SECTION 5. SECTION 499 OF THE ACT, ADDED DECEMBER 7, 1990
18 (P.L.622, NO.160), IS AMENDED TO READ:
19 SECTION 499. PREMISES TO BE VACATED BY PATRONS.--(A) EXCEPT
20 AS PROVIDED FOR [IN SUBSECTION (B)] ELSEWHERE IN THIS SECTION,
21 ALL PATRONS OF A LICENSEE SHALL BE REQUIRED TO LEAVE THAT PART
22 OF THE PREMISES HABITUALLY USED FOR THE SERVING OF LIQUOR OR
23 MALT OR BREWED BEVERAGES TO GUESTS OR PATRONS NOT LATER THAN
24 ONE-HALF HOUR AFTER THE TIME THE LICENSEE IS REQUIRED BY THIS
25 ACT TO CEASE SERVING LIQUOR OR MALT OR BREWED BEVERAGES AND
26 SHALL NOT BE PERMITTED TO HAVE ANY PREVIOUSLY SERVED LIQUOR OR
27 MALT OR BREWED BEVERAGES IN THEIR POSSESSION, NOR SHALL THEY BE
28 PERMITTED TO REMOVE ANY PREVIOUSLY SERVED LIQUOR OR MALT OR
29 BREWED BEVERAGES FROM THAT PART OF THE PREMISES. PATRONS OF A
30 LICENSEE SHALL NOT BE PERMITTED TO REENTER THAT PORTION OF THE
19930H0103B3609 - 11 -
1 PREMISES HABITUALLY USED FOR THE SERVING OF LIQUOR OR MALT OR
2 BREWED BEVERAGES BETWEEN THE TIME DESIGNATED BY THIS ACT FOR
3 PATRONS TO VACATE THE LICENSED PREMISES AND THE TIME DESIGNATED
4 BY THIS ACT WHEN THE SERVING OF LIQUOR OR MALT OR BREWED
5 BEVERAGES IS ALLOWED TO BEGIN, UNLESS THE LICENSEE HAS BEEN
6 GRANTED A PERMIT FOR EXTENDED HOURS FOOD SERVICE.
7 (A.1) SUBSECTION (A) SHALL NOT APPLY TO SALES OF MALT AND
8 BREWED BEVERAGES FOR CONSUMPTION OFF THE PREMISES WHEN THE
9 FOLLOWING CONDITIONS ARE MET:
10 (1) NO LICENSEE MAY SELL MALT OR BREWED BEVERAGES IN EXCESS
11 OF ONE HUNDRED NINETY-TWO FLUID OUNCES IN ANY ONE SALE FOR
12 CONSUMPTION OFF THE PREMISES;
13 (2) SALES AND SERVICE OF MALT AND BREWED BEVERAGES FOR
14 CONSUMPTION OFF THE PREMISES ARE MADE PRIOR TO THE DESIGNATED
15 TIME THE LICENSEE IS REQUIRED BY THIS ACT TO CEASE SERVING
16 LIQUOR, MALT OR BREWED BEVERAGES;
17 (3) PERSONS WHO HAVE PURCHASED MALT AND BREWED BEVERAGES FOR
18 CONSUMPTION OFF THE PREMISES SHALL REMOVE THE MALT AND BREWED
19 BEVERAGES FROM THE PREMISES BY THE DESIGNATED TIME AS CONTAINED
20 IN THIS ACT THAT PATRONS ARE REQUIRED TO VACATE THE PREMISES;
21 (4) NO CLUB LICENSEE MAY SELL ANY MALT OR BREWED BEVERAGE
22 FOR CONSUMPTION OFF THE PREMISES WHERE SOLD OR TO ANY PERSONS
23 WHO ARE NOT MEMBERS OF THE CLUB.
24 (B) A LICENSEE MAY [SERVE FOOD] REMAIN OPEN BETWEEN THE
25 HOURS OF TWO O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN
26 FOR THE PURPOSE OF SERVING FOOD ON ANY DAY IF SUCH LICENSEE
27 EITHER POSSESSES OR IS ELIGIBLE TO PURCHASE A SUNDAY SALES
28 PERMIT [IN ACCORDANCE WITH SECTION 406] AND RECEIVES AN EXTENDED
29 HOURS FOOD LICENSE. THE BOARD SHALL ESTABLISH AN ANNUAL FEE FOR
30 THE EXTENDED HOURS FOOD LICENSE WHICH SHALL NOT EXCEED FIFTY
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1 DOLLARS ($50).
2 (B.1) UPON APPLICATION OF ANY CLUB, THE BOARD SHALL ISSUE A
3 CLUB EXTENDED HOURS FOOD PERMIT FOR A PERIOD OF SIX (6) DAYS
4 DURING THE TERM OF ITS LICENSE. THE BOARD SHALL ISSUE
5 REGULATIONS GOVERNING TERMS OF THE APPLICATION. THE PERMITS
6 SHALL BE USED SOLELY FOR THE PURPOSE OF SERVING FOOD BETWEEN THE
7 HOURS OF THREE O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK
8 ANTEMERIDIAN. ALL PATRONS OF A LICENSEE SHALL BE REQUIRED TO
9 LEAVE THAT PART OF THE PREMISES HABITUALLY USED FOR THE SERVING
10 OF LIQUOR OR MALT OR BREWED BEVERAGES TO GUESTS OR PATRONS NOT
11 LATER THAN ONE-HALF HOUR AFTER THE TIME THE LICENSEE IS REQUIRED
12 BY THIS ACT TO CEASE SERVING LIQUOR OR MALT OR BREWED BEVERAGES
13 AND SHALL NOT BE PERMITTED TO HAVE ANY PREVIOUSLY SERVED LIQUOR
14 OR MALT OR BREWED BEVERAGES IN THEIR POSSESSION, NOR SHALL THEY
15 BE PERMITTED TO REMOVE ANY PREVIOUSLY SERVED LIQUOR OR MALT OR
16 BREWED BEVERAGES FROM THAT PART OF THE PREMISES.
17 (C) ANY [OWNER OF LICENSED PREMISES] LICENSEE WHO VIOLATES
18 THIS SECTION FOR THE FIRST OFFENSE COMMITS A SUMMARY OFFENSE AND
19 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE
20 THAN THREE HUNDRED DOLLARS ($300) OR TO IMPRISONMENT FOR NOT
21 MORE THAN NINETY (90) DAYS, OR BOTH, AND FOR THE SECOND OR ANY
22 SUBSEQUENT OFFENSE COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND
23 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE
24 THAN TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) OR TO
25 IMPRISONMENT FOR NOT MORE THAN ONE (1) YEAR, OR BOTH.
26 SECTION 6. (A) THE AMENDMENT OF SECTION 404 OF THE ACT
27 SHALL APPLY TO APPLICATIONS FILED AFTER THE EFFECTIVE DATE OF
28 THE AMENDMENT OF SECTION 404 OF THE ACT.
29 (B) IF AN APPLICATION UNDER SUBSECTION (A) HAS NOT RECEIVED
30 FINAL ACTION BEFORE JULY 1, 1996, THE APPLICATION SHALL BE
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1 GOVERNED BY THE LAW AT THE TIME THE APPLICATION WAS FILED. THIS
2 SUBSECTION SHALL APPLY UNTIL ALL APPEALS HAVE BEEN EXHAUSTED.
3 SECTION 7. BY DECEMBER 31, 1995, THE PENNSYLVANIA LIQUOR
4 CONTROL BOARD SHALL SUBMIT A REPORT ON THE IMPLEMENTATION OF THE
5 AMENDMENT OF SECTION 404 OF THE ACT TO THE LAW AND JUSTICE
6 COMMITTEE OF THE SENATE AND THE LIQUOR CONTROL COMMITTEE OF THE
7 HOUSE OF REPRESENTATIVES.
8 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
9 (1) THE AMENDMENT OF SECTION 404 OF THE ACT SHALL TAKE
10 EFFECT IN 30 DAYS.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
12 IMMEDIATELY.
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