SENATE AMENDED PRIOR PRINTER'S NOS. 1589, 2800, 2915 PRINTER'S NO. 3115
No. 1279 Session of 2003
INTRODUCED BY O'NEILL, BUNT, CORRIGAN, CRUZ, DERMODY, GEIST, HORSEY, LEACH, McGEEHAN, McILHINNEY, REICHLEY, ROBERTS, RUFFING, SAINATO AND YOUNGBLOOD, MAY 5, 2003
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, DECEMBER 16, 2003
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 DEFINITIONS, FOR POWERS AND DUTIES OF <-- 18 THE PENNSYLVANIA LIQUOR CONTROL BOARD, for wine marketing 19 and, for sales on Saint Patrick's Day AND FOR WINE PURCHASED <-- 20 FOR CONSUMPTION AT A RESTAURANT. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. Section 215 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), and amended or added December 9, 2002
1 (P.L.1653, No.212) and July 17, 2003 (P.L.63, No.15), is amended 2 to read: 3 SECTION 1. THE DEFINITION OF "ELIGIBLE ENTITY" IN SECTION <-- 4 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE 5 LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32, NO.14) 6 AND AMENDED JULY 17, 2003 (P.L.63, NO.15), IS AMENDED TO READ: 7 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES, 8 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE 9 MEANINGS ASCRIBED TO THEM IN THIS SECTION: 10 * * * 11 "ELIGIBLE ENTITY" SHALL MEAN A CITY OF THE THIRD CLASS, A 12 HOSPITAL, A CHURCH, A SYNAGOGUE, A VOLUNTEER FIRE COMPANY, A 13 VOLUNTEER AMBULANCE COMPANY, A VOLUNTEER RESCUE SQUAD, A UNIT OF 14 A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB LIQUOR 15 LICENSE, A CLUB IN A CITY OF THE THIRD CLASS WHICH HAS BEEN 16 ISSUED A CLUB LIQUOR LICENSE AND WHICH, AS OF DECEMBER 31, 2002, 17 HAS BEEN IN EXISTENCE FOR AT LEAST 100 YEARS, A LIBRARY, A 18 NATIONALLY ACCREDITED PENNSYLVANIA NONPROFIT ZOOLOGICAL 19 INSTITUTION LICENSED BY THE UNITED STATES DEPARTMENT OF 20 AGRICULTURE, A NONPROFIT AGRICULTURAL ASSOCIATION IN EXISTENCE 21 FOR AT LEAST TEN YEARS, A BONA FIDE SPORTSMEN'S CLUB IN 22 EXISTENCE FOR AT LEAST TEN YEARS, A NATIONALLY CHARTERED 23 VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION 24 OF SUCH ORGANIZATION, A FRATERNAL BENEFIT SOCIETY THAT IS 25 LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED 26 LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, A MUSEUM 27 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS 28 OR TOWNSHIP OF THE FIRST CLASS, A NONPROFIT CORPORATION ENGAGED 29 IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS OR IN AN 30 INCORPORATED TOWN, AN ARTS COUNCIL, A NONPROFIT CORPORATION THAT 20030H1279B3115 - 2 -
1 OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS 2 IN THE COUNTY OF THE FOURTH CLASS, A NONPROFIT ORGANIZATION AS 3 DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 4 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS 5 TO PROTECT THE ARCHITECTURAL HERITAGE OF BOROUGHS AND WHICH HAS 6 BEEN RECOGNIZED AS SUCH BY A MUNICIPAL RESOLUTION, [OR] A 7 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE 8 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 9 501(C)(3)) CONDUCTING A REGATTA IN A CITY OF THE SECOND CLASS 10 WITH THE PERMIT TO BE USED ON STATE PARK GROUNDS OR CONDUCTING A 11 FAMILY-ORIENTED CELEBRATION AS PART OF WELCOME AMERICA IN A CITY 12 OF THE FIRST CLASS ON PROPERTY LEASED FROM THAT CITY FOR MORE 13 THAN FIFTY YEARS[.], OR A NONPROFIT ORGANIZATION AS DEFINED 14 UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (26 15 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS TO EDUCATE THE PUBLIC ON 16 ISSUES DEALING WITH WATERSHED CONSERVATION. 17 * * * 18 SECTION 2. SECTION 207(A) OF THE ACT IS AMENDED TO READ: 19 SECTION 207. GENERAL POWERS OF BOARD.--UNDER THIS ACT, THE 20 BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE: 21 (A) TO BUY, IMPORT OR HAVE IN ITS POSSESSION FOR SALE, AND 22 SELL LIQUOR [AND ALCOHOL], ALCOHOL, CORKSCREWS, WINE AND LIQUOR 23 ACCESSORIES, TRADE PUBLICATIONS AND WINE GLASSES IN THE MANNER 24 SET FORTH IN THIS ACT: PROVIDED, HOWEVER, THAT ALL PURCHASES 25 SHALL BE MADE SUBJECT TO THE APPROVAL OF THE STATE TREASURER, OR 26 HIS DESIGNATED DEPUTY. THE BOARD SHALL BUY LIQUOR AND ALCOHOL AT 27 THE LOWEST PRICE AND IN THE GREATEST VARIETY REASONABLY 28 OBTAINABLE. 29 * * * 30 SECTION 3. SECTION 215 OF THE ACT, AMENDED OR ADDED DECEMBER 20030H1279B3115 - 3 -
1 9, 2002 (P.L.1653, NO.212) AND JULY 17, 2003 (P.L.63, NO.15), IS 2 AMENDED TO READ: 3 Section 215. Wine Marketing.--[(a) There is hereby 4 established within the board the Bureau of Wine which shall be 5 responsible for the purchasing and the wholesale and retail 6 marketing of premium wines so as to make these wines available 7 to Pennsylvania consumers at competitive prices and in a 8 convenient atmosphere. 9 (b) The management of the bureau shall be vested in a 10 director, who shall be assisted by such other personnel as the 11 board deems necessary. 12 (d) (2) The term "wine," as used in this section, shall 13 mean liquor which is fermented from grapes and other fruits, 14 having alcoholic content of twenty-four per centum or less. The 15 term "wine" shall not include malt or brewed beverages, nor 16 shall wine include any products containing alcohol derived from 17 malt, grain, cereal, molasses or cactus.] 18 (e) The board is authorized to participate in or sponsor 19 wine events for the purpose of educating consumers as to the 20 wines available in this Commonwealth. The wine to be used for 21 the event may be acquired through the State store system or may 22 be donated from outside this Commonwealth. Participation in the 23 tastings may be conditioned on the purchase of a ticket to the 24 event. The event may include events occurring on premises 25 licensed by the board, and the board may sell wine for off- 26 premises consumption in an area designated by the board for such 27 sale. 28 Section 2. Section 406(a) of the act, amended May 31, 1996 <-- 29 (P.L.312, No.49), February 18, 1998 (P.L.162, No.25), November 30 10, 1999 (P.L.514, No.47), December 20, 2000 (P.L.992, No.141) 20030H1279B3115 - 4 -
1 and December 9, 2002 (P.L.1653, No.212), is amended to read: 2 Section 406. Sales by Liquor Licensees; Restrictions.--(a) 3 (1) Every hotel, restaurant or club liquor licensee may sell 4 liquor and malt or brewed beverages by the glass, open bottle or 5 other container, and in any mixture, for consumption only in 6 that part of the hotel or restaurant habitually used for the 7 serving of food to guests or patrons, or in a bowling alley that 8 is immediately adjacent to and under the same roof as a 9 restaurant when no minors are present, unless minors who are 10 present are under proper supervision as defined in section 493, 11 in the bowling alley, and in the case of hotels, to guests, and 12 in the case of clubs, to members, in their private rooms in the 13 hotel or club. No club licensee nor its officers, servants, 14 agents or employes, other than one holding a catering license, 15 shall sell any liquor or malt or brewed beverages to any person 16 except a member of the club. In the case of a restaurant located 17 in a hotel which is not operated by the owner of the hotel and 18 which is licensed to sell liquor under this act, liquor and malt 19 or brewed beverages may be sold for consumption in that part of 20 the restaurant habitually used for the serving of meals to 21 patrons and also to guests in private guest rooms in the hotel. 22 For the purpose of this paragraph, any person who is an active 23 member of another club which is chartered by the same state or 24 national organization shall have the same rights and privileges 25 as members of the particular club. For the purpose of this 26 paragraph, any person who is an active member of any volunteer 27 firefighting company, association or group of this Commonwealth, 28 whether incorporated or unincorporated, shall upon the approval 29 of any club composed of volunteer firemen licensed under this 30 act, have the same social rights and privileges as members of 20030H1279B3115 - 5 -
1 such licensed club. For the purposes of this paragraph, the term 2 "active member" shall not include a social member. Any club 3 licensee which is either an incorporated unit of a national 4 veterans' organization or an affiliated organization as defined 5 in section 461.1 shall be permitted to sell liquor or malt or 6 brewed beverages to any active member of another unit which is 7 chartered by the same national veterans' organization or to any 8 member of a nationally chartered auxiliary associated with the 9 same national veterans' organization. 10 (2) 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 may sell liquor and malt or brewed 14 beverages only after seven o'clock antemeridian of any day until 15 two o'clock antemeridian of the following day, except Sunday, 16 and except as hereinafter provided, may sell liquor and malt or 17 brewed beverages on Sunday between the hours of twelve o'clock 18 midnight and two o'clock antemeridian. 19 (3) 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 whose sales of food and nonalcoholic 23 beverages are equal to thirty per centum or more of the combined 24 gross sales of both food and alcoholic beverages may sell liquor 25 and malt or brewed beverages on Sunday between the hours of 26 eleven o'clock antemeridian and two o'clock antemeridian Monday 27 upon purchase of a special permit from the board at an annual 28 fee as prescribed in section 614-A of the act of April 9, 1929 29 (P.L.177, No.175), known as "The Administrative Code of 1929." 30 (4) Hotel and restaurant liquor licensees, airport 20030H1279B3115 - 6 -
1 restaurant liquor licensees, municipal golf course restaurant 2 liquor licensees and privately-owned public golf course 3 restaurant licensees which do not qualify for and purchase such 4 special permit, their servants, agents or employes may sell 5 liquor and malt or brewed beverages only after seven o'clock 6 antemeridian of any day and until two o'clock antemeridian of 7 the following day, and shall not sell after two o'clock 8 antemeridian on Sunday. No club licensee or its servants, agents 9 or employes may sell liquor or malt or brewed beverages between 10 the hours of three o'clock antemeridian and seven o'clock 11 antemeridian on any day. No public service liquor licensee or 12 its servants, agents, or employes may sell liquor or malt or 13 brewed beverages between the hours of two o'clock antemeridian 14 and seven o'clock antemeridian on any day. 15 (6) Notwithstanding any provisions to the contrary, whenever 16 the thirty-first day of December [or Saint Patrick's Day] falls 17 on a Sunday, every hotel or restaurant liquor licensee, their 18 servants, agents or employes may sell liquor and malt or brewed 19 beverages on any such day after one o'clock postmeridian and 20 until two o'clock antemeridian of the following day. 21 (6.1) Notwithstanding any provisions to the contrary, 22 whenever Saint Patrick's Day falls on a Sunday, every hotel or 23 restaurant liquor licensee, their servants, agents or employes 24 may sell liquor and malt or brewed beverages on any such day 25 after seven o'clock antemeridian and until two o'clock 26 antemeridian of the following day. 27 * * * 28 SECTION 4. SECTION 305(F) OF THE ACT IS AMENDED TO READ: <-- 29 SECTION 305. SALES BY PENNSYLVANIA LIQUOR STORES.--* * * 30 (F) EVERY PURCHASER OF LIQUOR [OR ALCOHOL], ALCOHOL, 20030H1279B3115 - 7 -
1 CORKSCREWS, WINE OR LIQUOR ACCESSORIES, TRADE PUBLICATIONS OR 2 WINE GLASSES FROM A PENNSYLVANIA LIQUOR STORE SHALL RECEIVE A 3 NUMBERED RECEIPT WHICH SHALL SHOW THE PRICE PAID THEREFOR, AND 4 SUCH OTHER INFORMATION AS THE BOARD MAY PRESCRIBE. COPIES OF ALL 5 RECEIPTS ISSUED BY A PENNSYLVANIA LIQUOR STORE SHALL BE RETAINED 6 BY AND SHALL FORM PART OF THE RECORDS OF SUCH STORE. 7 * * * 8 SECTION 5. SECTION 406(A) AND (E) OF THE ACT, AMENDED MAY 9 31, 1996 (P.L.312, NO.49), DECEMBER 20, 2000 (P.L.992, NO.141), 10 MAY 8, 2003 (P.L.1, NO.1) AND JULY 17, 2003 (P.L.63, NO.15), ARE 11 AMENDED TO READ: 12 SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--(A) 13 (1) EVERY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE MAY SELL 14 LIQUOR AND MALT OR BREWED BEVERAGES BY THE GLASS, OPEN BOTTLE OR 15 OTHER CONTAINER, AND IN ANY MIXTURE, FOR CONSUMPTION ONLY IN 16 THAT PART OF THE HOTEL OR RESTAURANT HABITUALLY USED FOR THE 17 SERVING OF FOOD TO GUESTS OR PATRONS, OR IN A BOWLING ALLEY THAT 18 IS IMMEDIATELY ADJACENT TO AND UNDER THE SAME ROOF AS A 19 RESTAURANT, AND IN THE CASE OF HOTELS, TO GUESTS, AND IN THE 20 CASE OF CLUBS, TO MEMBERS, IN THEIR PRIVATE ROOMS IN THE HOTEL 21 OR CLUB. NO CLUB LICENSEE NOR ITS OFFICERS, SERVANTS, AGENTS OR 22 EMPLOYES, OTHER THAN ONE HOLDING A CATERING LICENSE, SHALL SELL 23 ANY LIQUOR OR MALT OR BREWED BEVERAGES TO ANY PERSON EXCEPT A 24 MEMBER OF THE CLUB. THE HOLDER OF A RESTAURANT LICENSE LOCATED 25 IN A HOTEL MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES FOR 26 CONSUMPTION IN THAT PART OF THE RESTAURANT HABITUALLY USED FOR 27 THE SERVING OF MEALS TO PATRONS AND ALSO TO GUESTS IN PRIVATE 28 GUEST ROOMS IN THE HOTEL. FOR THE PURPOSE OF THIS PARAGRAPH, ANY 29 PERSON WHO IS AN ACTIVE MEMBER OF ANOTHER CLUB WHICH IS 30 CHARTERED BY THE SAME STATE OR NATIONAL ORGANIZATION SHALL HAVE 20030H1279B3115 - 8 -
1 THE SAME RIGHTS AND PRIVILEGES AS MEMBERS OF THE PARTICULAR 2 CLUB. FOR THE PURPOSE OF THIS PARAGRAPH, ANY PERSON WHO IS AN 3 ACTIVE MEMBER OF ANY VOLUNTEER FIREFIGHTING COMPANY, ASSOCIATION 4 OR GROUP OF THIS COMMONWEALTH, WHETHER INCORPORATED OR 5 UNINCORPORATED, SHALL UPON THE APPROVAL OF ANY CLUB COMPOSED OF 6 VOLUNTEER FIREMEN LICENSED UNDER THIS ACT, HAVE THE SAME SOCIAL 7 RIGHTS AND PRIVILEGES AS MEMBERS OF SUCH LICENSED CLUB. FOR THE 8 PURPOSES OF THIS PARAGRAPH, THE TERM "ACTIVE MEMBER" SHALL NOT 9 INCLUDE A SOCIAL MEMBER. ANY CLUB LICENSEE WHICH IS EITHER AN 10 INCORPORATED UNIT OF A NATIONAL VETERANS' ORGANIZATION OR AN 11 AFFILIATED ORGANIZATION AS DEFINED IN SECTION 461.1 SHALL BE 12 PERMITTED TO SELL LIQUOR OR MALT OR BREWED BEVERAGES TO ANY 13 ACTIVE MEMBER OF ANOTHER UNIT WHICH IS CHARTERED BY THE SAME 14 NATIONAL VETERANS' ORGANIZATION OR TO ANY MEMBER OF A NATIONALLY 15 CHARTERED AUXILIARY ASSOCIATED WITH THE SAME NATIONAL VETERANS' 16 ORGANIZATION. 17 (2) HOTEL AND RESTAURANT LIQUOR LICENSEES, AIRPORT 18 RESTAURANT LIQUOR LICENSEES, MUNICIPAL GOLF COURSE RESTAURANT 19 LIQUOR LICENSEES AND PRIVATELY-OWNED PUBLIC GOLF COURSE 20 RESTAURANT LICENSEES MAY SELL LIQUOR AND MALT OR BREWED 21 BEVERAGES ONLY AFTER SEVEN O'CLOCK ANTEMERIDIAN OF ANY DAY UNTIL 22 TWO O'CLOCK ANTEMERIDIAN OF THE FOLLOWING DAY, EXCEPT SUNDAY, 23 AND EXCEPT AS HEREINAFTER PROVIDED, MAY SELL LIQUOR AND MALT OR 24 BREWED BEVERAGES ON SUNDAY BETWEEN THE HOURS OF TWELVE O'CLOCK 25 MIDNIGHT AND TWO O'CLOCK ANTEMERIDIAN. 26 (3) HOTEL AND RESTAURANT LIQUOR LICENSEES, AIRPORT 27 RESTAURANT LIQUOR LICENSEES, MUNICIPAL GOLF COURSE RESTAURANT 28 LIQUOR LICENSEES AND PRIVATELY-OWNED PUBLIC GOLF COURSE 29 RESTAURANT LICENSEES WHOSE SALES OF FOOD AND NONALCOHOLIC 30 BEVERAGES ARE EQUAL TO THIRTY PER CENTUM OR MORE OF THE COMBINED 20030H1279B3115 - 9 -
1 GROSS SALES OF BOTH FOOD AND ALCOHOLIC BEVERAGES MAY SELL LIQUOR 2 AND MALT OR BREWED BEVERAGES ON SUNDAY BETWEEN THE HOURS OF 3 ELEVEN O'CLOCK ANTEMERIDIAN AND TWO O'CLOCK ANTEMERIDIAN MONDAY 4 UPON PURCHASE OF A SPECIAL PERMIT FROM THE BOARD AT AN ANNUAL 5 FEE AS PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929 6 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929." 7 (4) HOTEL AND RESTAURANT LIQUOR LICENSEES, AIRPORT 8 RESTAURANT LIQUOR LICENSEES, MUNICIPAL GOLF COURSE RESTAURANT 9 LIQUOR LICENSEES AND PRIVATELY-OWNED PUBLIC GOLF COURSE 10 RESTAURANT LICENSEES WHICH DO NOT QUALIFY FOR AND PURCHASE SUCH 11 SPECIAL PERMIT, THEIR SERVANTS, AGENTS OR EMPLOYES MAY SELL 12 LIQUOR AND MALT OR BREWED BEVERAGES ONLY AFTER SEVEN O'CLOCK 13 ANTEMERIDIAN OF ANY DAY AND UNTIL TWO O'CLOCK ANTEMERIDIAN OF 14 THE FOLLOWING DAY, AND SHALL NOT SELL AFTER TWO O'CLOCK 15 ANTEMERIDIAN ON SUNDAY. NO CLUB LICENSEE OR ITS SERVANTS, AGENTS 16 OR EMPLOYES MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES BETWEEN 17 THE HOURS OF THREE O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK 18 ANTEMERIDIAN ON ANY DAY. NO PUBLIC SERVICE LIQUOR LICENSEE OR 19 ITS SERVANTS, AGENTS, OR EMPLOYES MAY SELL LIQUOR OR MALT OR 20 BREWED BEVERAGES BETWEEN THE HOURS OF TWO O'CLOCK ANTEMERIDIAN 21 AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY. 22 (6) NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY, WHENEVER 23 THE THIRTY-FIRST DAY OF DECEMBER [OR SAINT PATRICK'S DAY] FALLS <-- 24 ON A SUNDAY, EVERY HOTEL OR RESTAURANT LIQUOR LICENSEE, THEIR 25 SERVANTS, AGENTS OR EMPLOYES MAY SELL LIQUOR AND MALT OR BREWED 26 BEVERAGES ON ANY SUCH DAY AFTER ONE O'CLOCK POSTMERIDIAN AND 27 UNTIL TWO O'CLOCK ANTEMERIDIAN OF THE FOLLOWING DAY. 28 (6.1) NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY, 29 WHENEVER SAINT PATRICK'S DAY FALLS ON A SUNDAY, EVERY HOTEL OR 30 RESTAURANT LIQUOR LICENSEE, THEIR SERVANTS, AGENTS OR EMPLOYES 20030H1279B3115 - 10 -
1 MAY SELL LIQUOR AND MALT OR BREWED BEVERAGES ON ANY SUCH DAY 2 AFTER SEVEN O'CLOCK ANTEMERIDIAN AND UNTIL TWO O'CLOCK 3 ANTEMERIDIAN OF THE FOLLOWING DAY. 4 * * * 5 (E) THE HOLDER OF A HOTEL LICENSE OR THE HOLDER OF A 6 RESTAURANT LICENSE LOCATED IN A HOTEL MAY ALLOW PERSONS TO 7 TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED 8 PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE 9 PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES 10 REMAIN ON THE HOTEL PROPERTY. IN ADDITION, A HOLDER OF A 11 RESTAURANT OR CLUB LICENSE LOCATED ON A GOLF COURSE MAY SELL, 12 FURNISH OR GIVE LIQUOR OR MALT OR BREWED BEVERAGES ON THE 13 UNLICENSED PORTION OF THE GOLF COURSE SO LONG AS THE LIQUOR OR 14 MALT OR BREWED BEVERAGES REMAIN ON THE RESTAURANT, CLUB OR GOLF 15 COURSE. THE HOLDER OF A RESTAURANT LICENSE LOCATED IMMEDIATELY 16 ADJACENT TO AND UNDER THE SAME ROOF OF A BOWLING CENTER MAY 17 ALLOW PERSONS TO TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES 18 FROM THE LICENSED PORTION OF THE PREMISES TO THE UNLICENSED 19 PORTION OF THE PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED 20 BEVERAGES REMAIN WITHIN THE BOWLING CENTER. IN ADDITION, THE 21 HOLDER OF A RESTAURANT LICENSE MAY ALLOW PERSONS TO LEAVE THE <-- 22 RESTAURANT WITH A BOTTLE OF WINE PURCHASED FOR CONSUMPTION AT 23 THE RESTAURANT BUT ONLY PARTIALLY CONSUMED, PROVIDED THAT THE 24 WINE BOTTLE IS RESEALED. FOR PURPOSES OF THIS SUBSECTION, WINE 25 SHALL HAVE THE MEANING GIVEN TO IT UNDER SECTION 488(I). HOLDER <-- 26 OF A HOTEL LICENSE OR A RESTAURANT LICENSE MAY ALLOW PERSONS WHO 27 HAVE PURCHASED BUT ONLY PARTIALLY CONSUMED A BOTTLE OF WINE ON 28 THE PREMISES TO REMOVE THE BOTTLE FROM THE PREMISES SO LONG AS 29 THE BOTTLE WAS PURCHASED IN CONJUNCTION WITH A MEAL WHICH WAS 30 CONSUMED ON THE PREMISES AND SO LONG AS THE BOTTLE IS RESEALED. 20030H1279B3115 - 11 -
1 FOR PURPOSES OF THIS SUBSECTION, "WINE" SHALL HAVE THE MEANING 2 GIVEN TO IT UNDER SECTION 488(I). FOR PURPOSES OF THIS 3 SUBSECTION, "MEAL" SHALL MEAN FOOD PREPARED ON THE PREMISES, 4 SUFFICIENT TO CONSTITUTE BREAKFAST, LUNCH OR DINNER; IT SHALL 5 NOT MEAN A SNACK, SUCH AS PRETZELS, POPCORN, CHIPS OR SIMILAR 6 FOOD. 7 Section 3 6. This act shall take effect immediately. <-- A14L47JLW/20030H1279B3115 - 12 -