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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1589, 2800, 2915         PRINTER'S NO. 3115

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.          <--
















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