PRINTER'S NO. 2837
No. 2278 Session of 1993
INTRODUCED BY M. N. WRIGHT, O'BRIEN, HENNESSEY, BELFANTI,
TRELLO, WOZNIAK, GIGLIOTTI AND SCRIMENTI, NOVEMBER 24, 1993
REFERRED TO COMMITTEE ON LIQUOR CONTROL, NOVEMBER 24, 1993
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 defining "catering hall"; providing for the issuance of
18 restaurant liquor licenses to catering halls; and further
19 providing for sales by liquor licensees, for local option and
20 for unlawful acts.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 102 of the act of April 12, 1951 (P.L.90,
24 No.21), known as the Liquor Code, reenacted and amended June 29,
25 1987 (P.L.32, No.14), is amended by adding a definition to read:
26 Section 102. Definitions.--The following words or phrases,
1 unless the context clearly indicates otherwise, shall have the
2 meanings ascribed to them in this section:
3 * * *
4 "Catering hall" shall mean a reputable place operated by
5 responsible persons of good reputation and exclusively used to
6 serve food prepared on the premises for the accommodation of
7 groups who are using the facility by prior arrangement, made at
8 least twenty-four hours in advance of an event, and which is
9 paid for by such groups.
10 * * *
11 Section 2. The heading of section 401 of the act is amended
12 and the section is amended by adding a subsection to read:
13 Section 401. Authority to Issue Liquor Licenses to Hotels,
14 Restaurants [and], Clubs and Catering Halls.--* * *
15 (c) The board shall have authority to issue a restaurant
16 liquor license to catering halls as defined in this act. For
17 purposes of this act, events for which a catering hall may be
18 used shall include, but not be limited to, banquets, parties and
19 receptions. The restaurant liquor license issued under this
20 section shall be subject to all conditions and restrictions
21 applicable to restaurant liquor licensees, except as otherwise
22 provided by law.
23 Section 3. Sections 404, 406, 406.1, 407, 472, 491(6) and
24 493(25) of the act are amended to read:
25 Section 404. Issuance of Hotel, Restaurant and Club Liquor
26 Licenses.--Upon receipt of the application, the proper fees and
27 bond, and upon being satisfied of the truth of the statements in
28 the application that the applicant is the only person in any
29 manner pecuniarily interested in the business so asked to be
30 licensed and that no other person will be in any manner
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1 pecuniarily interested therein during the continuance of the
2 license, except as hereinafter permitted, and that the applicant
3 is a person of good repute, that the premises applied for meet
4 all the requirements of this act and the regulations of the
5 board, that the applicant seeks a license for a hotel,
6 restaurant [or], club or catering hall, as defined in this act,
7 and that the issuance of such license is not prohibited by any
8 of the provisions of this act, the board shall, in the case of a
9 hotel [or], restaurant or catering hall, grant and issue to the
10 applicant a liquor license, and in the case of a club may, in
11 its discretion, issue or refuse a license: Provided, however,
12 That in the case of any new license or the transfer of any
13 license to a new location the board may, in its discretion,
14 grant or refuse such new license or transfer if such place
15 proposed to be licensed is within three hundred feet of any
16 church, hospital, charitable institution, school, or public
17 playground, or if such new license or transfer is applied for a
18 place which is within two hundred feet of any other premises
19 which is licensed by the board: And provided further, That the
20 board shall refuse any application for a new license or the
21 transfer of any license to a new location if, in the board's
22 opinion, such new license or transfer would be detrimental to
23 the welfare, health, peace and morals of the inhabitants of the
24 neighborhood within a radius of five hundred feet of the place
25 proposed to be licensed: And provided further, That the board
26 shall not issue new licenses in any license district more than
27 twice each license year, effective from specific dates fixed by
28 the board, and new licenses shall not be granted, except for
29 hotels as defined in this act, unless the application therefor
30 shall have been filed at least thirty days before the effective
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1 date of the license: And provided further, That nothing herein
2 contained shall prohibit the board from issuing a new license
3 for the balance of any unexpired term in any license district to
4 any applicant in such district, who shall have become eligible
5 to hold such license as the result of legislative enactment,
6 when such enactment shall have taken place during the license
7 term of that district for which application is made or within
8 the thirty days immediately preceding such term, nor shall
9 anything herein contained prohibit the board from issuing at any
10 time a new license for an airport restaurant, or municipal golf
11 course, as defined in section 461 of this act, for the balance
12 of the unexpired license term in any license district: And
13 provided further, That the board shall have the discretion to
14 refuse a license to any person or to any corporation,
15 partnership or association if such person, or any officer or
16 director of such corporation, or any member or partner of such
17 partnership or association shall have been convicted or found
18 guilty of a felony within a period of five years immediately
19 preceding the date of application for the said license. The
20 board shall refuse any application for a new license or the
21 transfer of any license to a location where the sale of liquid
22 fuels or oil is conducted.
23 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
24 (1) Every hotel, restaurant or club liquor licensee may sell
25 liquor and malt or brewed beverages by the glass, open bottle or
26 other container, and in any mixture, for consumption only in
27 that part of the hotel [or], restaurant or catering hall
28 habitually used for the serving of food to guests or patrons, or
29 in a bowling alley that is immediately adjacent to and under the
30 same roof as a restaurant when no minors are present, unless
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1 minors who are present are under proper supervision as defined
2 in section 493, in the bowling alley, and in the case of hotels,
3 to guests, and in the case of clubs, to members, in their
4 private rooms in the hotel or club. No club licensee nor its
5 officers, servants, agents or employes, other than one holding a
6 catering license, shall sell any liquor or malt or brewed
7 beverages to any person except a member of the club. In the case
8 of a restaurant located in a hotel which is not operated by the
9 owner of the hotel and which is licensed to sell liquor under
10 this act, liquor and malt or brewed beverages may be sold for
11 consumption in that part of the restaurant habitually used for
12 the serving of meals to patrons and also to guests in private
13 guest rooms in the hotel. For the purpose of this paragraph, any
14 person who is an active member of another club which is
15 chartered by the same state or national organization shall have
16 the same rights and privileges as members of the particular
17 club. For the purpose of this paragraph, any person who is an
18 active member of any volunteer firefighting company, association
19 or group of this Commonwealth, whether incorporated or
20 unincorporated, shall upon the approval of any club composed of
21 volunteer firemen licensed under this act, have the same social
22 rights and privileges as members of such licensed club. For the
23 purposes of this paragraph, the term "active member" shall not
24 include a social member.
25 (1.1) Catering halls to which a restaurant liquor license is
26 issued shall only sell liquor and malt and brewed beverages for
27 consumption on its premises during events for which the facility
28 is being used, and only to a person associated with such events.
29 (2) Hotel and restaurant liquor licensees, airport
30 restaurant liquor licensees, municipal golf course restaurant
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1 liquor licensees and privately-owned public golf course
2 restaurant licensees may sell liquor and malt or brewed
3 beverages only after seven o'clock antemeridian of any day until
4 two o'clock antemeridian of the following day, except Sunday,
5 and except as hereinafter provided, may sell liquor and malt or
6 brewed beverages on Sunday between the hours of twelve o'clock
7 midnight and two o'clock antemeridian.
8 (3) Hotel and restaurant liquor licensees, airport
9 restaurant liquor licensees, municipal golf course restaurant
10 liquor licensees and privately-owned public golf course
11 restaurant licensees whose sales of food and nonalcoholic
12 beverages are equal to forty per centum or more of the combined
13 gross sales of both food and alcoholic beverages may sell liquor
14 and malt or brewed beverages on Sunday between the hours of
15 eleven o'clock antemeridian and two o'clock antemeridian Monday
16 upon purchase of a special annual permit from the board at a fee
17 of two hundred dollars ($200.00) per year, which shall be in
18 addition to any other license fees.
19 (4) Hotel and restaurant liquor licensees, airport
20 restaurant liquor licensees, municipal golf course restaurant
21 liquor licensees and privately-owned public golf course
22 restaurant licensees which do not qualify for and purchase such
23 annual special permit, their servants, agents or employes may
24 sell liquor and malt or brewed beverages only after seven
25 o'clock antemeridian of any day and until two o'clock
26 antemeridian of the following day, and shall not sell after two
27 o'clock antemeridian on Sunday. No hotel, restaurant and public
28 service liquor licensee which does not have the special annual
29 permit for Sunday sales shall sell liquor and malt or brewed
30 beverages after two o'clock antemeridian on any day on which a
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1 general, municipal, special or primary election is being held
2 until one hour after the time fixed by law for closing the
3 polls, except, that, in the case of a special election for
4 members of the General Assembly or members of the Congress of
5 the United States, when such special election is held on other
6 than a primary, municipal or general election day, licensees in
7 those Legislative or Congressional Districts may make such
8 sales, as though the day were not a special election day. No
9 club licensee or its servants, agents or employes may sell
10 liquor or malt or brewed beverages between the hours of three
11 o'clock antemeridian and seven o'clock antemeridian on any day.
12 No public service liquor licensee or its servants, agents, or
13 employes may sell liquor or malt or brewed beverages between the
14 hours of two o'clock antemeridian and seven o'clock antemeridian
15 on any day.
16 (5) Any hotel, restaurant, club or public service liquor
17 licensee may, by giving notice to the board, advance by one hour
18 the hours herein prescribed as those during which liquor and
19 malt or brewed beverages may be sold during such part of the
20 year when daylight saving time is being observed generally in
21 the municipality in which the place of business of such licensee
22 is located. Any licensee who elects to operate his place of
23 business in accordance with daylight saving time shall post a
24 conspicuous notice in his place of business that he is operating
25 in accordance with daylight saving time.
26 (6) Notwithstanding any provisions to the contrary, whenever
27 the thirty-first day of December or Saint Patrick's Day falls on
28 a Sunday, every hotel or restaurant liquor licensee, their
29 servants, agents or employes may sell liquor and malt or brewed
30 beverages on any such day after one o'clock postmeridian and
19930H2278B2837 - 7 -
1 until two o'clock antemeridian of the following day.
2 (b) Such Sunday sales by hotel and restaurant liquor
3 licensees which qualify for and purchase such annual special
4 permit, their servants, agents and employes, shall be made
5 subject to the restrictions imposed by the act on sales by
6 hotels and restaurants for sales on weekdays as well as those
7 restrictions set forth in this section.
8 Section 406.1. Secondary Service Area.--Upon application of
9 any restaurant, hotel, club, catering hall, any stadium as
10 described in section 408.9 or municipal golf course liquor
11 licensee, and payment of the appropriate fee, the board may
12 approve a secondary service area by extending the licensed
13 premises to include one additional permanent structure with
14 dimensions of at least one hundred seventy-five square feet,
15 enclosed on three sides and having adequate seating. Such
16 secondary service area must be located on property having a
17 minimum area of one (1) acre, and must be on land which is
18 immediate, abutting, adjacent or contiguous to the licensed
19 premises with no intervening public thoroughfare. In any stadium
20 as described in section 408.9, only malt or brewed beverages may
21 be served. There shall be no requirement that the secondary
22 service area be physically connected to the original licensed
23 premises. Notwithstanding 40 Pa. Code § 7.21(c)(3), the licensee
24 shall be permitted to store, serve, sell or dispense food,
25 liquor and malt or brewed beverages at the board approved
26 secondary service area.
27 Section 407. Sale of Malt or Brewed Beverages by Liquor
28 Licensees.--Every liquor license issued to a hotel, restaurant,
29 club, catering hall or a railroad, pullman or steamship company
30 under this subdivision (A) for the sale of liquor shall
19930H2278B2837 - 8 -
1 authorize the licensee to sell malt or brewed beverages at the
2 same places but subject to the same restrictions and penalties
3 as apply to sales of liquor, except that licensees other than
4 clubs or catering halls may sell malt or brewed beverages for
5 consumption off the premises where sold in quantities of not
6 more than one hundred ninety-two fluid ounces in a single sale
7 to one person. No licensee under this subdivision (A) shall at
8 the same time be the holder of any other class of license,
9 except a retail dispenser's license authorizing the sale of malt
10 or brewed beverages only.
11 Section 472. Local Option.--In any municipality or any part
12 of a municipality where such municipality is split so that each
13 part thereof is separated by another municipality, an election
14 may be held on the date of the primary election immediately
15 preceding any municipal election, but not oftener than once in
16 four years, to determine the will of the electors with respect
17 to the granting of liquor licenses to hotels, restaurants [and],
18 clubs and catering halls, not oftener than once in four years,
19 to determine the will of the electors with respect to the
20 granting of liquor licenses to privately-owned private golf
21 courses, not oftener than once in four years, to determine the
22 will of the electors with respect to the granting of licenses to
23 retail dispensers of malt and brewed beverages, not oftener than
24 once in four years, to determine the will of the electors with
25 respect to granting of licenses to wholesale distributors and
26 importing distributors, or not more than once in four years, to
27 determine the will of the electors with respect to the
28 establishment, operation and maintenance by the board of
29 Pennsylvania liquor stores, within the limits of such
30 municipality or part of a split municipality, under the
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1 provisions of this act: Provided, however, Where an election
2 shall have been held at the primary preceding a municipal
3 election in any year, another election may be held under the
4 provisions of this act at the primary occurring the fourth year
5 after such prior election: And provided further, That an
6 election on the question of establishing and operating a State
7 liquor store shall be initiated only in those municipalities, or
8 that part of a split municipality that shall have voted against
9 the granting of liquor licenses; and that an election on the
10 question of granting wholesale distributor and importing
11 distributor licenses shall be initiated only in those
12 municipalities or parts of split municipalities that shall have
13 at a previous election voted against the granting of dispenser's
14 licenses. Whenever electors equal to at least twenty-five per
15 centum of the highest vote cast for any office in the
16 municipality or part of a split municipality at the last
17 preceding general election shall file a petition with the county
18 board of elections of the county for a referendum on the
19 question of granting any of said classes of licenses or the
20 establishment of Pennsylvania liquor stores, the said county
21 board of elections shall cause a question to be placed on the
22 ballots or on the voting machine board and submitted at the
23 primary immediately preceding the municipal election. Separate
24 petitions must be filed for each question to be voted on. Said
25 proceedings shall be in the manner and subject to the provisions
26 of the election laws which relate to the signing, filing and
27 adjudication of nomination petitions, insofar as such provisions
28 are applicable.
29 When the question is in respect to the granting of liquor
30 licenses, it shall be in the following form:
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1 Do you favor the granting of liquor licenses
2 for the sale of liquor in........................ Yes
3 of..............................................? No
4 When the question is in respect to the granting of liquor
5 licenses, for privately-owned private golf courses, it shall be
6 in the following form:
7 Do you favor the granting of liquor licenses for
8 privately-owned private golf courses for the sale
9 of liquor in.................by.................. Yes
10 of..............................................? No
11 When the question is in respect to the granting of licenses
12 to retail dispensers of malt and brewed beverages, it shall be
13 in the following form:
14 Do you favor the granting of malt and brewed
15 beverage retail dispenser licenses for
16 consumption on premises where sold in the........ Yes
17 of..............................................? No
18 When the question is in respect to the granting of licenses
19 to wholesale distributors of malt or brewed beverages and
20 importing distributors, it shall be in the following form:
21 Do you favor the granting of malt and brewed
22 beverage wholesale distributor's and importing
23 distributor's licenses not for consumption on
24 premises where sold in the....................... Yes
25 of..............................................? No
26 When the question is in respect to the establishment,
27 operation and maintenance of Pennsylvania liquor stores it shall
28 be in the following form:
29 Do you favor the establishment, operation
30 and maintenance of Pennsylvania liquor
19930H2278B2837 - 11 -
1 stores in the.................................... Yes
2 of..............................................? No
3 In case of a tie vote, the status quo shall obtain. If a
4 majority of the voting electors on any such question vote "yes,"
5 then liquor licenses shall be granted by the board to hotels,
6 restaurants and clubs, or liquor licenses shall be granted by
7 the board to privately-owned private golf courses, or malt and
8 brewed beverage retail dispenser licenses or wholesale
9 distributor's and importing distributor's license for the sale
10 of malt or brewed beverages shall be granted by the board, or
11 the board may establish, operate and maintain Pennsylvania
12 liquor stores, as the case may be, in such municipality or part
13 of a split municipality, as provided by this act; but if a
14 majority of the electors voting on any such question vote "no,"
15 then the board shall have no power to grant or to renew upon
16 their expiration any licenses of the class so voted upon in such
17 municipality or part of a split municipality; or if the negative
18 vote is on the question in respect to the establishment,
19 operation and maintenance of Pennsylvania liquor stores, the
20 board shall not open and operate a Pennsylvania liquor store in
21 such municipality or part of a split municipality, nor continue
22 to operate a then existing Pennsylvania liquor store in the
23 municipality or part of a split municipality for more than two
24 years thereafter or after the expiration of the term of the
25 lease on the premises occupied by such store, whichever period
26 is less, unless and until at a later election a majority of the
27 voting electors vote "yes" on such question.
28 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
29 Liquor Licensees.--
30 It shall be unlawful--
19930H2278B2837 - 12 -
1 * * *
2 (6) Sales by Restaurant and Hotel Liquor Licensees. For any
3 restaurant or hotel licensee, his servants, agents or employes,
4 to sell any liquor or malt or brewed beverages for consumption
5 on the licensed premises except in a room or rooms or place on
6 the licensed premises at all times accessible to the use and
7 accommodation of the general public, or in the case of a
8 catering hall to which a restaurant liquor license has been
9 issued, accessible to the use and accommodation of the group
10 using the facility, but this section shall not be interpreted to
11 prohibit a restaurant liquor licensee from providing private
12 affairs the primary function of which is for catering only to
13 weddings or special occasions arranged twenty-four hours in
14 advance, nor to prohibit a hotel licensee, or a restaurant
15 licensee when the restaurant is located in a hotel, from selling
16 liquor or malt or brewed beverages in any room of such hotel
17 occupied by a bona fide guest or to prohibit a restaurant
18 licensee from selling liquor or malt or brewed beverages in a
19 bowling alley when no minors are present where the restaurant
20 and bowling alley are immediately adjacent and under the same
21 roof.
22 * * *
23 Section 493. Unlawful Acts Relative to Liquor, Malt and
24 Brewed Beverages and Licensees.--The term "licensee," when used
25 in this section, shall mean those persons licensed under the
26 provisions of Article IV, unless the context clearly indicates
27 otherwise.
28 It shall be unlawful--
29 * * *
30 (25) Employment in Licensed Places. For any licensee or his
19930H2278B2837 - 13 -
1 agent, to employ or permit the employment of any person at his
2 licensed hotel, restaurant, catering hall or eating place for
3 the purpose of enticing customers, or to encourage them to drink
4 liquor, or make assignations for improper purposes.
5 Any person violating the provisions of this clause shall be
6 guilty of a misdemeanor and, upon conviction of the same, shall
7 be sentenced to pay a fine of not less than one hundred dollars
8 ($100), nor more than five hundred dollars ($500), for each and
9 every person so employed, or undergo an imprisonment of not less
10 than three (3) months, nor more than one (1) year, or either or
11 both, at the discretion of the court having jurisdiction of the
12 case. The administrative law judge shall have the power to
13 revoke or refuse licenses for violation of this clause.
14 * * *
15 Section 4. This act shall take effect in 60 days.
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