PRINTER'S NO. 775
No. 716 Session of 1987
INTRODUCED BY CLYMER, J. L. WRIGHT, PITTS, BARLEY, HERSHEY AND
BIRMELIN, MARCH 9, 1987
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 9, 1987
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 further providing for sales of liquor and malt and brewed
18 beverages on a Sunday.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 406(a) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, amended December 17,
23 1982 (P.L.1390, No.319), May 9, 1984 (P.L.246, No.54) and
24 February 28, 1985 (P.L.1, No.1), is amended to read:
25 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
1 (1) Every hotel, restaurant or club liquor licensee may sell
2 liquor and malt or brewed beverages by the glass, open bottle or
3 other container, and in any mixture, for consumption only in
4 that part of the hotel or restaurant habitually used for the
5 serving of food to guests or patrons, or in a bowling alley that
6 is immediately adjacent to and under the same roof as a
7 restaurant when no minors are present, unless minors who are
8 present are under proper supervision as defined in section 493,
9 in the bowling alley, and in the case of hotels, to guests, and
10 in the case of clubs, to members, in their private rooms in the
11 hotel or club. No club licensee nor its officers, servants,
12 agents or employes, other than one holding a catering license,
13 shall sell any liquor or malt or brewed beverages to any person
14 except a member of the club. In the case of a restaurant located
15 in a hotel which is not operated by the owner of the hotel and
16 which is licensed to sell liquor under this act, liquor and malt
17 or brewed beverages may be sold for consumption in that part of
18 the restaurant habitually used for the serving of meals to
19 patrons and also to guests in private guest rooms in the hotel.
20 For the purpose of this paragraph, any person who is an active
21 member of another club which is chartered by the same state or
22 national organization shall have the same rights and privileges
23 as members of the particular club. For the purpose of this
24 paragraph, any person who is an active member of any volunteer
25 firefighting company, association or group of this Commonwealth,
26 whether incorporated or unincorporated, shall upon the approval
27 of any club composed of volunteer firemen licensed under this
28 act, have the same social rights and privileges as members of
29 such licensed club. For the purposes of this paragraph, the term
30 "active member" shall not include a social member.
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1 (2) Hotel and restaurant liquor licensees, airport
2 restaurant liquor licensees, municipal golf course restaurant
3 liquor licensees and privately-owned public golf course
4 restaurant licensees may sell liquor and malt or brewed
5 beverages only after seven o'clock antemeridian of any day until
6 two o'clock antemeridian of the following day, except Sunday,
7 and except as hereinafter provided, may not sell liquor and malt
8 or brewed beverages on Sunday [between the hours of twelve
9 o'clock midnight and two o'clock antemeridian].
10 (3) Hotel and restaurant liquor licensees, airport
11 restaurant liquor licensees, municipal golf course restaurant
12 liquor licensees and privately-owned public golf course
13 restaurant licensees whose sales of food and nonalcoholic
14 beverages are equal to forty per centum or more of the combined
15 gross sales of both food and alcoholic beverages may sell liquor
16 and malt or brewed beverages on Sunday between the hours of
17 [eleven o'clock antemeridian and two o'clock antemeridian
18 Monday] one o'clock postmeridian and twelve o'clock midnight
19 upon purchase of a special annual permit from the board at a fee
20 of two hundred dollars ($200.00) per year, which shall be in
21 addition to any other license fees.
22 (4) Hotel and restaurant liquor licensees, airport
23 restaurant liquor licensees, municipal golf course restaurant
24 liquor licensees and privately-owned public golf course
25 restaurant licensees which do not qualify for and purchase such
26 annual special permit, their servants, agents or employes may
27 sell liquor and malt or brewed beverages only after seven
28 o'clock antemeridian of any day and until two o'clock
29 antemeridian of the following day, and shall not sell after [two
30 o'clock antemeridian on Sunday] twelve o'clock midnight
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1 Saturday. No hotel, restaurant and public service liquor
2 licensee which does not have the special annual permit for
3 Sunday sales shall sell liquor and malt or brewed beverages
4 after two o'clock antemeridian on any day on which a general,
5 municipal, special or primary election is being held until one
6 hour after the time fixed by law for closing the polls, except,
7 that, in the case of a special election for members of the
8 General Assembly or members of the Congress of the United
9 States, when such special election is held on other than a
10 primary, municipal or general election day, licensees in those
11 Legislative or Congressional Districts may make such sales, as
12 though the day were not a special election day. No club licensee
13 or its servants, agents or employes may sell liquor or malt or
14 brewed beverages between the hours of three o'clock antemeridian
15 and seven o'clock antemeridian on any day. No public service
16 liquor licensee or its servants, agents, or employes may sell
17 liquor or malt or brewed beverages between the hours of two
18 o'clock antemeridian and seven o'clock antemeridian on any day.
19 (5) Any hotel, restaurant, club or public service liquor
20 licensee may, by giving notice to the board, advance by one hour
21 the hours herein prescribed as those during which liquor and
22 malt or brewed beverages may be sold during such part of the
23 year when daylight saving time is being observed generally in
24 the municipality in which the place of business of such licensee
25 is located. Any licensee who elects to operate his place of
26 business in accordance with daylight saving time shall post a
27 conspicuous notice in his place of business that he is operating
28 in accordance with daylight saving time.
29 (6) Notwithstanding any provisions to the contrary, whenever
30 the thirty-first day of December or Saint Patrick's Day falls on
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1 a Sunday, every hotel or restaurant liquor licensee, their
2 servants, agents or employes may sell liquor and malt or brewed
3 beverages on any such day after one o'clock postmeridian and
4 until two o'clock antemeridian of the following day.
5 * * *
6 Section 2. This act, with respect to the Pennsylvania Liquor
7 Control Board, constitutes the legislation required to
8 reestablish an agency under the act of December 22, 1981
9 (P.L.508, No.142), known as the Sunset Act.
10 Section 3. The presently confirmed members of the existing
11 Pennsylvania Liquor Control Board, as of December 31, 1986,
12 shall continue to serve as members of the board until their
13 present terms of office expire.
14 Section 4. Each rule and regulation of the Pennsylvania
15 Liquor Control Board in effect on December 31, 1986, shall
16 remain in effect until amended or repealed by the board.
17 Section 5. Sections 2, 3 and 4 of this act shall be
18 retroactive to December 31, 1986.
19 Section 6. This act shall take effect as follows:
20 (1) Section 1 of this act shall take effect in 15 days.
21 (2) The remainder of this act shall take effect
22 immediately.
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