PRINTER'S NO. 1819
No. 1532 Session of 1975
INTRODUCED BY SULLIVAN, McGINNIS, SALVATORE, GIAMMARCO,
DiDONATO AND McINTYRE, JUNE 24, 1975
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 25, 1975
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 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 eliminating certain food sales as a prerequisite to Sunday
18 sales.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The third paragraph of subsection (a) of section
22 406 and the first paragraph of clause (5) of section 492, act of
23 April 12, 1951 (P.L.90, No.21), known as the "Liquor Code,"
24 amended June 16, 1975 (No.5), are amended to read:
25 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
26 * * *
1 Hotel and restaurant liquor licensees, airport restaurant
2 liquor licensees and municipal golf course restaurant liquor
3 licensees [whose sales of food and nonalcoholic beverages are
4 equal to forty per centum or more of the combined gross sales of
5 both food and alcoholic beverages] may sell liquor and malt or
6 brewed beverages on Sunday between the hours of one o'clock
7 postmeridian and two o'clock antemeridian Monday upon purchase
8 of a special annual permit from the board at a fee of two
9 hundred dollars ($200.00) per year, which shall be in addition
10 to any other license fees.
11 * * *
12 Section 492. Unlawful Acts Relative to Malt or Brewed
13 Beverages and Licensees.--
14 It shall be unlawful--
15 * * *
16 (5) Sales of Malt or Brewed Beverages by Hotels, Eating
17 Places or Public Service Licensees During Prohibited Hours.--For
18 any hotel or eating place holding a retail dispenser's license,
19 or the servants, agents or employes of such licensees, to sell,
20 trade or barter in malt or brewed beverages between the hours of
21 two o'clock antemeridian Sunday and seven o'clock in the
22 forenoon of the following Monday, or between the hours of two
23 o'clock antemeridian and seven o'clock antemeridian of any week
24 day: Provided, That notwithstanding any provision to the
25 contrary, whenever the thirty-first day of December falls on a
26 Sunday such sales of malt or brewed beverages may be made on
27 such day after one'clock postmeridian and until two o'clock
28 antemeridian of the following day: And provided further, That
29 any hotel or eating place holding a retail dispenser's license
30 [which has sales of food and nonalcoholic beverages equal to
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1 forty per cent or more of the combined gross sales of both food
2 and malt or brewed beverages] may sell malt or brewed beverages
3 between the hours of one o'clock postmeridian on Sunday and two
4 o'clock antemeridian on Monday upon purchase of a special annual
5 permit from the board at a fee of one hundred dollars ($100.00)
6 per year, which shall be in addition to any other license fees.
7 For any public service licensee authorized to sell malt or
8 brewed beverages or the servants, agents or employes of such
9 licensees to sell, trade or barter in malt or brewed beverages
10 between the hours of two o'clock antemeridian and seven o'clock
11 antemeridian on any day.
12 * * *
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