PRIOR PRINTER'S NOS. 828, 1594 PRINTER'S NO. 1867
No. 730 Session of 1983
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of
the Senate and House of Representatives for the purpose of
considering Senate Bill No. 730, entitled:
"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; * * * providing for local option, and
repealing existing laws,' extending the hours of operation for
certain holders of Sunday sales permits; AUTHORIZING THE BOARD
TO ISSUE CERTAIN LICENSES; FURTHER PROVIDING FOR LICENSEE'S
ADVERTISEMENTS; AND FURTHER PERMITTING BOWLING ALLEYS TO SELL
LIQUOR, MALT OR BREWED BEVERAGES WHEN MINORS ARE PRESENT UNDER
PROPER SUPERVISION,"
respectfully submit the following bill as our report:
STEWART J. GREENLEAF
FRANK J. O'CONNELL
EDWARD J. ZEMPRELLI
(Committee on the part of the Senate.)
THOMAS J. FEE
BRIAN D. CLARK
(Committee on the part of the House of Representatives.)
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 permitting certain licensees, distillers or manufacturers to
18 sponsor certain sporting tournaments or contests; extending
19 the hours of operation for certain holders of Sunday sales
20 permits; authorizing the board to issue certain licenses;
21 further providing for licensee's advertisements; and further
22 permitting bowling alleys and hotels to sell liquor, malt or
23 brewed beverages when minors are present under proper
24 supervision.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Sections 406(a)(1) and (3) and 406.1 of the act
28 of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
29 amended or added December 17, 1982 (P.L.1390, No.319), are
30 amended to read:
31 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
32 (1) Every hotel, restaurant or club liquor licensee may sell
33 liquor and malt or brewed beverages by the glass, open bottle or
34 other container, and in any mixture, for consumption only in
35 that part of the hotel or restaurant habitually used for the
36 serving of food to guests or patrons, or in a bowling alley that
37 is immediately adjacent to and under the same roof as a
38 restaurant when no minors are present, unless minors who are
39 present are under proper supervision as defined in section 493,
40 in the bowling alley, and in the case of hotels, to guests, and
1 in the case of clubs, to members, in their private rooms in the
2 hotel or club. No club licensee nor its officers, servants,
3 agents or employes, other than one holding a catering license,
4 shall sell any liquor or malt or brewed beverages to any person
5 except a member of the club. In the case of a restaurant located
6 in a hotel which is not operated by the owner of the hotel and
7 which is licensed to sell liquor under this act, liquor and malt
8 or brewed beverages may be sold for consumption in that part of
9 the restaurant habitually used for the serving of meals to
10 patrons and also to guests in private guest rooms in the hotel.
11 For the purpose of this paragraph, any person who is an active
12 member of another club which is chartered by the same state or
13 national organization shall have the same rights and privileges
14 as members of the particular club. For the purpose of this
15 paragraph, any person who is an active member of any volunteer
16 firefighting company, association or group of this Commonwealth,
17 whether incorporated or unincorporated, shall upon the approval
18 of any club composed of volunteer firemen licensed under this
19 act, have the same social rights and privileges as members of
20 such licensed club. For the purposes of this paragraph, the term
21 "active member" shall not include a social member.
22 * * *
23 (3) Hotel and restaurant liquor licensees, airport
24 restaurant liquor licensees, municipal golf course restaurant
25 liquor licensees and privately-owned public golf course
26 restaurant licensees whose sales of food and nonalcoholic
27 beverages are equal to forty per centum or more of the combined
28 gross sales of both food and alcoholic beverages may sell liquor
29 and malt or brewed beverages on Sunday between the hours of [one
30 o'clock postmeridian] eleven o'clock antemeridian and two
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1 o'clock antemeridian Monday upon purchase of a special annual
2 permit from the board at a fee of two hundred dollars ($200.00)
3 per year, which shall be in addition to any other license fees.
4 * * *
5 Section 406.1. Secondary Service Area.--Upon application of
6 any restaurant, hotel, club, any stadium as described in section
7 408.9 or municipal golf course liquor licensee, and payment of
8 the appropriate fee, the board may approve a secondary service
9 area by extending the licensed premises to include one
10 additional permanent structure with dimensions of at least one
11 hundred seventy-five square feet, enclosed on three sides and
12 having adequate seating. Such secondary service area must be
13 located on property having a minimum area of one (1) acre, and
14 must be on land which is immediate, abutting, adjacent or
15 contiguous to the licensed premises with no intervening public
16 thoroughfare. In any stadium as described in section 408.9, only
17 malt or brewed beverages may be served. There shall be no
18 requirement that the secondary service area be physically
19 connected to the original licensed premises. Notwithstanding 40
20 Pa. Code § 7.21(c)(3), the licensee shall be permitted to store,
21 serve, sell or dispense food, liquor and malt or brewed
22 beverages at the board approved secondary service area.
23 Section 2. The act is amended by adding a section to read:
24 Section 408.9. Stadium and Restaurant Licenses in Third
25 Class Cities.--The board is authorized to issue one restaurant
26 license in any city of the third class for the retail sale of
27 liquor and malt or brewed beverages by the glass, open bottles
28 or other containers, and in any mixture, for consumption in any
29 restaurant which is located not more than one thousand feet from
30 a stadium which has a seating capacity of five thousand persons
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1 situate on the same lot or parcel of land not less than twenty-
2 five acres in size with no intervening public thoroughfare
3 between the restaurant and the stadium.
4 Section 3. Section 432(f) of the act, added June 24, 1982
5 (P.L.624, No.176), is amended to read:
6 Section 432. Malt and Brewed Beverages Retail Licenses.--
7 * * *
8 (f) Hotel, eating places, or municipal golf course retail
9 dispenser licensees whose sales of food and nonalcoholic
10 beverages are equal to forty per centum (40%) or more of the
11 combined gross sales of both food and malt or brewed beverages
12 may sell malt or brewed beverages between the hours of [one
13 o'clock postmeridian] eleven o'clock antemeridian on Sunday and
14 two o'clock antemeridian on Monday upon purchase of a special
15 annual permit from the board at a fee of two hundred dollars
16 ($200.00) per year, which shall be in addition to any other
17 license fees. Provided further, the holder of such special
18 annual permit may sell malt or brewed beverages after seven
19 o'clock antemeridian and until two o'clock antemeridian of the
20 following day, on any day on which a general, municipal, special
21 or primary election is being held.
22 Section 4. Sections 442(b) and 463(a.2) of the act, amended
23 or added December 12, 1980 (P.L.1195, No.221), is amended to
24 read:
25 Section 442. Retail Dispensers' Restrictions on Purchases
26 and Sales.--* * *
27 (b) No retail dispenser shall sell any malt or brewed
28 beverages for consumption on the licensed premises except in a
29 room or rooms or place on the licensed premises at all times
30 accessible to the use and accommodation of the general public,
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1 but this section shall not be interpreted to prohibit a retail
2 dispenser from selling malt or brewed beverages in a hotel or
3 club house in any room of such hotel or club house occupied by a
4 bona fide registered guest or member entitled to purchase the
5 same or to prohibit a retail dispenser from selling malt or
6 brewed beverages in a bowling alley when no minors are present,
7 unless minors who are present are under proper supervision as
8 defined in section 493, where the licensed premises and bowling
9 alley are immediately adjacent and under the same roof.
10 * * *
11 Section 463. Places of Amusement Not To Be Licensed;
12 Penalty.--* * *
13 (a.2) Nothing contained in this act shall be construed to
14 prevent the holder of a hotel, restaurant liquor or malt and
15 brewed beverage license from selling liquor and malt or brewed
16 beverages in a bowling alley, or other recreational areas
17 including, but not limited to, game rooms and video arcade areas
18 of hotels, when no minors are present, unless minors who are
19 present are under proper supervision as defined in section 493,
20 where the restaurant [and], bowling alley, or other recreational
21 areas including, but not limited to, game rooms and video arcade
22 areas of hotels, are immediately adjacent and under the same
23 roof. The restaurant liquor or malt and brewed beverage licensee
24 aforementioned shall be subject to all the conditions and
25 restrictions applicable to such restaurant licenses except the
26 above prohibition against any passageway or communication
27 between a licensed premise and a place of amusement.
28 * * *
29 Section 5. The act is amended by adding a section to read:
30 Section 476. Sporting Tournaments.--(a) Any distiller,
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1 manufacturer or retail or club licensee, either alone or in
2 combination, may sponsor, hold or permit to be held, on the
3 licensed premises or on premises contiguous and adjacent
4 thereto, a dart, billiard, bowling, shuffleboard, rings or card
5 tournament or contest without having to obtain any permits
6 therefor.
7 (b) The distiller, manufacturer or retail or club licensee
8 may directly or indirectly advertise a dart, billiard, bowling,
9 shuffleboard, rings or card tournament or contest and may
10 directly or indirectly advertise, offer, award or permit the
11 award, on the licensed premises, of trophies, prizes or premiums
12 therefor.
13 (c) Cash moneys or negotiable instruments of any type or
14 kind, or trophies, prizes or premiums may be offered or awarded,
15 traded or received by any person at such dart, billiard,
16 bowling, shuffleboard, rings or card tournaments or contests.
17 (d) Alcoholic beverages may be served, sold, serviced or
18 delivered and the same shall be permitted, in or within the area
19 in which such dart, billiard, bowling, shuffleboard, rings or
20 card tournament or contest is held, and a bar or service bar may
21 be installed in the lobby of the licensed premises, passageway
22 or entrance immediately adjacent thereto.
23 Section 6. Section 493(20) of the act is amended and clauses
24 are added to read:
25 Section 493. Unlawful Acts Relative to Liquor, Malt and
26 Brewed Beverages and Licensees.--The term "licensee," when used
27 in this section, shall mean those persons licensed under the
28 provisions of Article IV, unless the context clearly indicates
29 otherwise.
30 It shall be unlawful--
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1 * * *
2 (20) (i) Retail Liquor and Retail Malt or Brewed Beverages
3 Licensee's Inside Advertisements. For any retail liquor or
4 retail malt or brewed beverages licensee, to display or permit
5 the display in the show window or doorways of his licensed
6 premises, any placard or sign advertising the brands of liquor
7 or malt or brewed beverages produced by any one manufacturer, if
8 the total display area of any such placard or sign advertising
9 the products of any one manufacturer exceeds three hundred
10 square inches. Nothing herein shall prohibit a licensee from
11 displaying inside his licensed premises point of sale displays
12 advertising brand names of products sold by him, other than a
13 window or door display: Provided, That the total cost of all
14 such point of sale advertising matter relating to [products] any
15 one brand of any one manufacturer shall not exceed the sum of
16 [twenty dollars ($20)] seventy dollars ($70) at any one time,
17 and no single piece of advertising shall exceed a cost of [ten
18 dollars ($10)] thirty-five dollars ($35). All such advertising
19 material, including the window and door signs, may be furnished
20 by a manufacturer, distributor or importing distributor. The
21 restrictions on advertising set forth in subclause (ii) and in
22 clauses (20.1) and (20.2) shall also apply to this subclause.
23 (ii) Cooperative Advertising. No distributor or importing
24 distributor, directly or indirectly, independent or otherwise,
25 shall, except by prior written agreement, be required to
26 participate with a manufacturer in the purchase of any
27 advertising of a brand name product in any name, in any form,
28 whether it be radio, television, newspaper, magazine or
29 otherwise.
30 (20.1) Manufacturer Shall Not Require Advertising. For a
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1 manufacturer to require a distributor or importing distributor
2 to purchase any type of advertising.
3 (20.2) Advertising Shall Be Ordered and Authorized in
4 Advance. For any advertising to be done on behalf of a
5 distributor or importing distributor which was not ordered and
6 authorized in advance by the distributor or importing
7 distributor.
8 * * *
9 Section 7. This act shall take effect immediately.
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