SENATE AMENDED
PRIOR PRINTER'S NOS. 2811, 3910, 4072, PRINTER'S NO. 4756
4251
No. 2105 Session of 2003
INTRODUCED BY MARSICO, CIVERA, DENLINGER, FABRIZIO, HARHAI,
HENNESSEY, O'NEILL, SAINATO, TIGUE, WILT AND YOUNGBLOOD,
OCTOBER 16, 2003
SENATOR BRIGHTBILL, RULES AND EXECUTIVE NOMINATIONS, IN SENATE,
RE-REPORTED AS AMENDED, NOVEMBER 17, 2004
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 ADDING DEFINITIONS; further defining "public venue"; and <--
18 further providing for GENERAL POWERS OF THE PENNSYLVANIA <--
19 LIQUOR CONTROL BOARD, FOR WHEN SALES MAY BE MADE BY <--
20 PENNSYLVANIA LIQUOR STORES, FOR CONTINUING CARE RETIREMENT <--
21 COMMUNITY RETAIL LICENSES, FOR RENEWAL OF LICENSES, FOR
22 PRIVATELY OWNED GOLF COURSES LOCATED IN MORE THAN ONE COUNTY;
23 PROVIDING FOR A POINT SYSTEM FOR CERTAIN LICENSEES, FOR
24 unlawful acts relative to liquor, malt and brewed beverages
25 and licensees AND FOR LIMITED WINERIES; AND PROVIDING FOR <--
26 DISTILLERIES.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
1 Section 1. The definition of "public venue" in section 102
2 of the act of April 12, 1951 (P.L.90, No.21), known as the
3 Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
4 and amended July 17, 2003 (P.L.63, No.15), is amended AND THE <--
5 SECTION IS AMENDED BY ADDING DEFINITIONS to read:
6 Section 102. Definitions.--The following words or phrases,
7 unless the context clearly indicates otherwise, shall have the
8 meanings ascribed to them in this section:
9 * * *
10 "EQUINE CENTER" SHALL MEAN A FACILITY OF AT LEAST TWO HUNDRED <--
11 FIFTY ACRES IN SIZE WHICH HOSTS EQUESTRIAN SHOWS AND WHICH HAS A
12 PRIMARY BUILDING WITH PERMANENT SEATING FOR AT LEAST SIX
13 THOUSAND (6,000) PEOPLE.
14 * * *
15 "HOLIDAY" SHALL MEAN THE FIRST DAY OF JANUARY, COMMONLY KNOWN
16 AS NEW YEAR'S DAY; THE THIRD MONDAY OF JANUARY, KNOWN AS DR.
17 MARTIN LUTHER KING, JR., DAY; THE THIRD MONDAY IN FEBRUARY,
18 KNOWN AS PRESIDENTS DAY; THE LAST MONDAY IN MAY, KNOWN AS
19 MEMORIAL DAY; THE FOURTH DAY OF JULY, KNOWN AS INDEPENDENCE DAY;
20 THE FIRST MONDAY OF SEPTEMBER, KNOWN AS LABOR DAY; THE FOURTH
21 THURSDAY IN NOVEMBER, KNOWN AS THANKSGIVING DAY; AND THE TWENTY-
22 FIFTH DAY OF DECEMBER, KNOWN AS CHRISTMAS DAY.
23 * * *
24 "Public venue" shall mean a stadium, arena, convention center
25 with permanent seating, museum, amphitheater or similar <--
26 structure. If the public venue is a cruise terminal owned or
27 leased by a port authority created under the act of June 12,
28 1931 (P.L.575, No.200), entitled "An act providing for joint
29 action by Pennsylvania and New Jersey in the development of the
30 ports on the lower Delaware River, and the improvement of the
20030H2105B4756 - 2 -
1 facilities for transportation across the river; authorizing the
2 Governor, for these purposes, to enter into an agreement with
3 New Jersey; creating The Delaware River Joint Commission and
4 specifying the powers and duties thereof, including the power to
5 finance projects by the issuance of revenue bonds; transferring
6 to the new commission all the powers of the Delaware River
7 Bridge Joint Commission; and making an appropriation," it shall
8 have no permanent seating requirement. If the public venue is an
9 open-air amphitheater owned by a port authority created under
10 the act of December 6, 1972 (P.L.1392, No.298), known as the
11 "Third Class City Port Authority Act," it shall have no
12 permanent seating requirement. If the public venue is owned by a
13 political subdivision, a municipal authority, the Commonwealth,
14 an authority created under the act of July 29, 1953 (P.L.1034,
15 No.270), known as the "Public Auditorium Authorities Law," an
16 authority created under Article XXV-A of the act of July 28,
17 1953 (P.L.723, No.230), known as the "Second Class County Code,"
18 an art museum established under the authority of the act of
19 April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer
20 on certain associations of the citizens of this commonwealth the
21 powers and immunities of corporations, or bodies politic in
22 law," or an authority created under Article XXIII (n) or (o) of
23 the act of August 9, 1955 (P.L.323, No.130), known as "The
24 County Code," it shall have permanent seating for at least one
25 thousand (1,000) people; otherwise, it shall have permanent
26 seating for at least three thousand (3,000) people. The term
27 shall also mean any regional history center, multipurpose
28 cultural and science facility [or], museum or convention or
29 trade show center without permanent seating, regardless of owner <--
30 and seating capacity, that has a floor area of at least sixty
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1 thousand (60,000) square feet in one building. The term shall
2 also mean a convention or conference center owned by a city of
3 the third class, regardless of seating capacity, that has a
4 floor area of at least fifteen thousand (15,000) square feet in
5 one building.
6 * * *
7 "WINE" SHALL MEAN LIQUOR WHICH IS FERMENTED FROM GRAPES AND <--
8 OTHER FRUITS, HAVING ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM
9 OR LESS. THE TERM "WINE" SHALL NOT INCLUDE ANY PRODUCTS
10 CONTAINING ALCOHOL DERIVED FROM MALT, GRAIN, CEREAL, MOLASSES OR
11 CACTUS.
12 * * *
13 SECTION 2. SECTION 207(A) OF THE ACT, AMENDED DECEMBER 30,
14 2003 (P.L.423, NO.59), IS AMENDED TO READ:
15 SECTION 207. GENERAL POWERS OF BOARD.--UNDER THIS ACT, THE
16 BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE:
17 (A) TO BUY, IMPORT OR HAVE IN ITS POSSESSION FOR SALE AND
18 SELL LIQUOR, ALCOHOL, CORKSCREWS, WINE AND LIQUOR ACCESSORIES,
19 TRADE PUBLICATIONS, GIFT CARDS, GIFT CERTIFICATES, WINE OR <--
20 LIQUOR-SCENTED CANDLES AND WINE GLASSES IN THE MANNER SET FORTH
21 IN THIS ACT: PROVIDED, HOWEVER, THAT ALL PURCHASES SHALL BE MADE
22 SUBJECT TO THE APPROVAL OF THE STATE TREASURER, OR HIS
23 DESIGNATED DEPUTY. THE BOARD SHALL BUY LIQUOR AND ALCOHOL AT THE
24 LOWEST PRICE AND IN THE GREATEST VARIETY REASONABLY OBTAINABLE.
25 * * *
26 SECTION 3. SECTION 304 OF THE ACT, AMENDED DECEMBER 9, 2002 <--
27 (P.L.1653, NO.212), IS AMENDED TO READ:
28 SECTION 304. WHEN SALES MAY BE MADE AT PENNSYLVANIA LIQUOR
29 STORES.--(A) EXCEPT AS PROVIDED FOR IN SUBSECTION (B), EVERY
30 PENNSYLVANIA LIQUOR STORE SHALL BE OPEN FOR BUSINESS WEEK DAYS,
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1 EXCEPT [LEGAL HOLIDAYS OR ANY DAY ON WHICH A GENERAL, MUNICIPAL,
2 SPECIAL OR PRIMARY ELECTION IS BEING HELD, DURING SUCH HOURS AS
3 THE BOARD, IN ITS DISCRETION, SHALL DETERMINE: PROVIDED, THAT
4 THE PENNSYLVANIA LIQUOR STORES IN THE CASE OF A SPECIAL ELECTION
5 FOR MEMBERS OF THE GENERAL ASSEMBLY OR MEMBERS OF THE CONGRESS
6 OF THE UNITED STATES, WHEN SUCH SPECIAL ELECTION IS HELD ON
7 OTHER THAN A PRIMARY, MUNICIPAL OR GENERAL ELECTION DAY, SHALL
8 BE OPEN IN THOSE LEGISLATIVE OR CONGRESSIONAL DISTRICTS AS
9 THOUGH THE DAY WERE NOT A SPECIAL ELECTION DAY.] HOLIDAYS AS
10 THAT TERM IS DEFINED IN SECTION 102. THE BOARD MAY, WITH THE
11 APPROVAL OF THE GOVERNOR, TEMPORARILY CLOSE ANY STORE IN ANY
12 MUNICIPALITY.
13 (B) CERTAIN PENNSYLVANIA LIQUOR STORES OPERATED BY THE BOARD
14 SHALL BE OPEN FOR SUNDAY RETAIL SALES BETWEEN THE HOURS OF NOON
15 AND FIVE O'CLOCK POSTMERIDIAN, EXCEPT THAT NO SUNDAY SALES SHALL
16 OCCUR ON EASTER SUNDAY OR CHRISTMAS DAY. [FOR A TWO-YEAR TIME
17 PERIOD FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION, THE] THE
18 BOARD SHALL OPEN UP TO [TEN] TWENTY-FIVE PER CENTUM OF THE TOTAL
19 NUMBER OF PENNSYLVANIA LIQUOR STORES AT ITS DISCRETION FOR
20 SUNDAY SALES AS PROVIDED FOR IN THIS SUBSECTION. [AT THE
21 EXPIRATION OF THE TWO-YEAR TIME PERIOD, THE BOARD SHALL CONDUCT
22 A REVIEW AND DETERMINE WHETHER THE STORES SHALL BE CLOSED OR
23 WHETHER ADDITIONAL STORES SHALL BE OPENED FOR THESE SUNDAY
24 SALES.] THE BOARD SHALL SUBMIT YEARLY REPORTS TO THE
25 APPROPRIATIONS AND THE LAW AND JUSTICE COMMITTEES OF THE SENATE
26 AND THE APPROPRIATIONS AND THE LIQUOR CONTROL COMMITTEES OF THE
27 HOUSE OF REPRESENTATIVES SUMMARIZING THE TOTAL DOLLAR VALUE OF
28 SALES UNDER THIS SECTION.
29 SECTION 3 4. SECTION 305(F) AND (H) OF THE ACT, AMENDED JULY <--
30 17, 2003(P.L.63, NO.15) AND DECEMBER 30, 2003 (P.L.423, NO.59),
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1 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO <--
2 READ:
3 SECTION 305. SALES BY PENNSYLVANIA LIQUOR STORES.--* * *
4 (F) EVERY PURCHASER OF LIQUOR, ALCOHOL, CORKSCREWS, WINE OR
5 LIQUOR ACCESSORIES, TRADE PUBLICATIONS, GIFT CARDS, GIFT <--
6 CERTIFICATES, WINE OR LIQUOR-SCENTED CANDLES OR WINE GLASSES
7 FROM A PENNSYLVANIA LIQUOR STORE SHALL RECEIVE A NUMBERED
8 RECEIPT WHICH SHALL SHOW THE PRICE PAID THEREFOR AND SUCH OTHER
9 INFORMATION AS THE BOARD MAY PRESCRIBE. COPIES OF ALL RECEIPTS
10 ISSUED BY A PENNSYLVANIA LIQUOR STORE SHALL BE RETAINED BY AND
11 SHALL FORM PART OF THE RECORDS OF SUCH STORE.
12 * * *
13 (H) EVERY PENNSYLVANIA LIQUOR STORE SHALL SELL GIFT
14 CERTIFICATES AND GIFT CARDS WHICH MAY BE REDEEMED FOR [LIQUOR] <--
15 ANY PRODUCT SOLD BY THE BOARD. IN ADDITION, THE BOARD MAY SELL
16 CORKSCREWS, WINE AND LIQUOR ACCESSORIES, WINE OR LIQUOR-SCENTED
17 CANDLES, TRADE PUBLICATIONS AND WINE SLEEVES AT PENNSYLVANIA
18 LIQUOR STORES.
19 (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE <--
20 CONTRARY, THE BOARD MAY SELL WINE IN CONTAINERS HAVING A
21 CAPACITY OF SIX LITERS OR LESS.
22 SECTION 5. SECTIONS 414(B) AND 461(B.3) OF THE ACT, AMENDED
23 OR ADDED FEBRUARY 21, 2002 (P.L.103, NO.10), ARE AMENDED TO
24 READ:
25 SECTION 414. CONTINUING CARE RETIREMENT COMMUNITY RETAIL
26 LICENSES.--* * *
27 (B) LICENSES ISSUED UNDER THIS SECTION ARE RESTAURANT LIQUOR
28 LICENSES FOR ALL PURPOSES EXCEPT AS PROVIDED HEREIN. HOWEVER,
29 THE FOLLOWING ADDITIONAL RESTRICTIONS AND PRIVILEGES APPLY:
30 (1) LICENSES ISSUED UNDER THIS SECTION ARE NOT SUBJECT TO
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1 THE QUOTA RESTRICTIONS OF SECTION 461.
2 (2) SALES OF LIQUOR AND MALT OR BREWED BEVERAGES MAY NOT
3 OCCUR FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN O'CLOCK
4 ANTEMERIDIAN. IN ADDITION, SALES MAY NOT OCCUR PRIOR TO ONE
5 O'CLOCK POSTMERIDIAN OR AFTER TEN O'CLOCK POSTMERIDIAN ON
6 SUNDAY.
7 (3) LIQUOR AND MALT OR BREWED BEVERAGES SOLD OR FURNISHED BY
8 THE LICENSEE MAY BE POSSESSED ANYWHERE WITHIN THE CONTINUING
9 CARE RETIREMENT COMMUNITY REGARDLESS OF WHETHER THAT PORTION OF
10 THE PREMISES IS LICENSED. HOWEVER, NO LIQUOR OR MALT OR BREWED
11 BEVERAGES SOLD OR FURNISHED BY THE LICENSEE MAY BE TAKEN BEYOND
12 THE CONFINES OF THE CONTINUING CARE RETIREMENT COMMUNITY.
13 (4) SALES OF LIQUOR OR MALT OR BREWED BEVERAGES MAY OCCUR IN
14 THOSE PORTIONS OF THE PREMISES LICENSED BY THE BOARD AS WELL AS
15 IN ROOMS THAT ARE LIVED IN OR USED BY RESIDENTS OF THE
16 CONTINUING CARE RETIREMENT COMMUNITY. SALES OF LIQUOR AND MALT
17 OR BREWED BEVERAGES ARE LIMITED TO RESIDENTS OF THE CONTINUING
18 CARE RETIREMENT COMMUNITY AND THE GUESTS OF RESIDENTS IN
19 CONJUNCTION WITH THE NORMAL, REGULARLY SCHEDULED DINING,
20 ENTERTAINMENT OR SOCIAL ACTIVITIES OF THE CONTINUING CARE
21 RETIREMENT COMMUNITY.
22 (5) LICENSES ISSUED UNDER THIS SECTION ARE NOT SUBJECT TO
23 THE PROVISIONS DEFINING "RESTAURANT" IN SECTION 102.
24 (6) LICENSES ISSUED UNDER THIS SECTION ARE SUBJECT TO
25 SECTION 493(13) RELATING TO EMPLOYMENT OF MINORS, WITH THE
26 EXCEPTION THAT THE MINIMUM AGE THRESHOLD FOR EMPLOYMENT ON
27 LICENSED PREMISES SHALL BE REDUCED FROM SIXTEEN (16) TO FOURTEEN
28 (14) YEARS OF AGE. THE PROHIBITION AGAINST MINORS UNDER THE AGE
29 OF EIGHTEEN (18) DISPENSING OR SERVING ALCOHOLIC BEVERAGES SHALL
30 REMAIN IN EFFECT.
20030H2105B4756 - 7 -
1 * * *
2 SECTION 461. LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED
3 IN EACH COUNTY.--* * *
4 (B.3) AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF
5 A LICENSE FOR ECONOMIC DEVELOPMENT UNDER SUBSECTION (B.1)(2)(I)
6 MUST FIRST BE APPROVED BY THE GOVERNING BODY OF THE RECEIVING
7 MUNICIPALITY WHEN THE TOTAL NUMBER OF EXISTING RESTAURANT LIQUOR
8 LICENSES AND EATING PLACE RETAIL DISPENSER LICENSES IN THE
9 RECEIVING MUNICIPALITY EXCEED ONE LICENSE PER THREE THOUSAND
10 INHABITANTS. UPON REQUEST FOR APPROVAL OF AN INTERMUNICIPAL
11 TRANSFER OF A LICENSE OR ISSUANCE OF AN ECONOMIC DEVELOPMENT
12 LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING SHALL BE
13 HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF
14 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS
15 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S
16 INTENT TO TRANSFER A LICENSE INTO THE MUNICIPALITY OR ACQUIRE AN
17 ECONOMIC DEVELOPMENT LICENSE FROM THE PENNSYLVANIA LIQUOR
18 CONTROL BOARD. THE GOVERNING BODY SHALL, WITHIN FORTY-FIVE DAYS
19 OF A REQUEST FOR APPROVAL, RENDER A DECISION BY ORDINANCE OR
20 RESOLUTION TO APPROVE OR DISAPPROVE THE APPLICANT'S REQUEST FOR
21 AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF AN
22 ECONOMIC DEVELOPMENT LICENSE. THE MUNICIPALITY MUST APPROVE THE
23 REQUEST UNLESS IT FINDS THAT DOING SO WOULD ADVERSELY AFFECT THE
24 WELFARE, HEALTH, PEACE AND MORALS OF THE MUNICIPALITY OR ITS
25 RESIDENTS. A DECISION BY THE GOVERNING BODY OF THE MUNICIPALITY
26 TO DENY THE REQUEST MAY BE APPEALED TO THE COURT OF COMMON PLEAS
27 IN THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED. A COPY OF
28 THE APPROVAL MUST BE SUBMITTED WITH THE LICENSE APPLICATION. THE
29 APPROVAL REQUIREMENT SHALL NOT APPLY TO LICENSES TRANSFERRED
30 INTO A TAX INCREMENT DISTRICT CREATED PURSUANT TO THE ACT OF
20030H2105B4756 - 8 -
1 JULY 11, 1990 (P.L.465, NO.113), KNOWN AS THE "TAX INCREMENT
2 FINANCING ACT," LOCATED IN A TOWNSHIP OF THE SECOND CLASS THAT
3 IS LOCATED WITHIN A COUNTY OF THE SECOND CLASS IF THE DISTRICT
4 WAS CREATED PRIOR TO DECEMBER 31, 2002, AND THE GOVERNING BODY
5 OF THE TOWNSHIP HAS ADOPTED AN AGREEMENT AT A PUBLIC MEETING
6 THAT CONSENTS TO THE TRANSFER OF LICENSES INTO THE TAX INCREMENT
7 DISTRICT.
8 * * *
9 SECTION 6. SECTION 470(A.1) AND (B) OF THE ACT, AMENDED
10 DECEMBER 21, 1998 (P.L.1202, NO.155), ARE AMENDED AND THE
11 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
12 SECTION 470. RENEWAL OF LICENSES; TEMPORARY PROVISIONS FOR
13 LICENSEES IN ARMED SERVICE.--* * *
14 (A.1) THE DIRECTOR OF THE BUREAU OF LICENSING MAY OBJECT TO
15 AND THE BOARD MAY REFUSE A PROPERLY FILED LICENSE APPLICATION:
16 (1) IF THE LICENSEE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
17 ASSOCIATION MEMBERS, SERVANTS, AGENTS OR EMPLOYES HAVE VIOLATED
18 ANY OF THE LAWS OF THIS COMMONWEALTH OR ANY OF THE REGULATIONS
19 OF THE BOARD;
20 [(2) IF THE LICENSEE HAS ONE OR MORE ADJUDICATED CITATIONS;]
21 (2) IF THE LICENSEE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
22 ASSOCIATION MEMBERS, SERVANTS, AGENTS OR EMPLOYES HAVE ONE OR
23 MORE ADJUDICATED CITATIONS UNDER THIS OR ANY OTHER LICENSE
24 ISSUED BY THE BOARD OR WERE INVOLVED IN A LICENSE WHOSE RENEWAL
25 WAS OBJECTED TO BY THE BUREAU OF LICENSING UNDER THIS SECTION;
26 (3) IF THE LICENSED PREMISES NO LONGER MEETS THE
27 REQUIREMENTS OF THIS ACT OR THE BOARD'S REGULATIONS; OR
28 [(4) DUE TO THE MANNER IN WHICH THE LICENSED PREMISES IS
29 BEING OPERATED, THE BOARD CAN CONSIDER ACTIVITY OCCURRING ON OR
30 ABOUT THE LICENSED PREMISES OR IN AREAS UNDER LICENSEE'S CONTROL
20030H2105B4756 - 9 -
1 IF THE ACTIVITY OCCURS WHEN THE PREMISES IS OPEN FOR OPERATION
2 AND IF THERE IS A RELATIONSHIP BETWEEN THE ACTIVITY OUTSIDE THE
3 PREMISES AND THE MANNER IN WHICH THE LICENSED PREMISES IS
4 OPERATED. THE BOARD MAY TAKE INTO CONSIDERATION WHETHER THE
5 LICENSEE HAS TAKEN ANY SUBSTANTIAL STEPS TO ADDRESS THE ACTIVITY
6 OCCURRING ON OR ABOUT THE PREMISES WHEN THE PREMISES IS OPEN FOR
7 OPERATION.]
8 (4) DUE TO THE MANNER IN WHICH THIS OR ANOTHER LICENSED
9 PREMISES WAS OPERATED WHILE THE LICENSEE, ITS SHAREHOLDERS,
10 DIRECTORS, OFFICERS, ASSOCIATION MEMBERS, SERVANTS, AGENTS OR
11 EMPLOYES WERE INVOLVED WITH THAT LICENSE. WHEN CONSIDERING THE
12 MANNER IN WHICH THIS OR ANOTHER LICENSED PREMISES WAS BEING
13 OPERATED, THE BOARD MAY CONSIDER ACTIVITY THAT OCCURRED ON OR
14 ABOUT THE LICENSED PREMISES OR IN AREAS UNDER LICENSEE'S CONTROL
15 IF THE ACTIVITY OCCURRED WHEN THE PREMISES WAS OPEN FOR
16 OPERATION AND IF THERE WAS A RELATIONSHIP BETWEEN THE ACTIVITY
17 OUTSIDE THE PREMISES AND THE MANNER IN WHICH THE LICENSED
18 PREMISES WAS OPERATED. THE BOARD MAY TAKE INTO CONSIDERATION
19 WHETHER ANY SUBSTANTIAL STEPS WERE TAKEN TO ADDRESS THE ACTIVITY
20 OCCURRING ON OR ABOUT THE PREMISES.
21 * * *
22 (A.3) IF THE OBJECTION TO THE APPLICATION IS BASED ON THE
23 REPUTATION, CRIMINAL HISTORY, CITATION HISTORY OR ACTIVITY OF
24 ONE OR MORE OF THE APPLICANT'S SHAREHOLDERS, DIRECTORS,
25 OFFICERS, ASSOCIATION MEMBERS, SERVANTS, AGENTS OR EMPLOYES, AND
26 NOT ON THE REPUTATION, CRIMINAL HISTORY, CITATION HISTORY OR
27 ACTIVITY ATTRIBUTABLE TO THE APPLICANT, THE BOARD SHALL ORDER
28 THE DIVESTITURE OF THE SHAREHOLDERS, DIRECTORS, OFFICERS,
29 ASSOCIATION MEMBERS, SERVANTS, AGENTS OR EMPLOYES IN QUESTION,
30 IN LIEU OF REFUSING THE APPLICATION. IF SUCH DIVESTITURE DOES
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1 NOT OCCUR WITHIN THIRTY (30) DAYS OF THE BOARD'S ORDER, THEN THE
2 BOARD MAY REFUSE THE APPLICATION.
3 (B) [IN CASES WHERE A LICENSEE OR HIS SERVANTS, AGENTS OR
4 EMPLOYES ARE ARRESTED, CHARGED WITH VIOLATING ANY OF THE LAWS OF
5 THIS COMMONWEALTH RELATING TO LIQUOR, ALCOHOL OR MALT OR BREWED
6 BEVERAGES, AND WHERE THE BOARD HAS ON FILE IN SUCH CASES REPORTS
7 OF ENFORCEMENT OFFICERS OR INVESTIGATORS OF THE ENFORCEMENT
8 BUREAU OR FROM OTHER SOURCES THAT A LICENSEE OR HIS SERVANTS,
9 AGENTS OR EMPLOYES HAVE VIOLATED ANY OF THE AFOREMENTIONED LAWS
10 AND A PROCEEDING TO REVOKE SUCH LICENSEE'S LICENSE IS OR IS
11 ABOUT TO BE INSTITUTED, AND SUCH ARREST OCCURS OR REPORT OF
12 VIOLATIONS IS RECEIVED OR REVOCATION PROCEEDING INSTITUTED OR
13 ABOUT TO BE INSTITUTED DURING THE TIME A RENEWAL APPLICATION OF
14 SUCH LICENSE IS PENDING BEFORE THE BOARD, THE BOARD MAY, IN ITS
15 DISCRETION, RENEW THE LICENSE, NOTWITHSTANDING SUCH ALLEGED
16 VIOLATIONS, BUT SUCH RENEWAL LICENSE MAY BE REVOKED IF AND WHEN
17 THE LICENSEE OR ANY OF HIS SERVANTS, AGENTS OR EMPLOYES ARE
18 CONVICTED OF OR PLEAD GUILTY TO VIOLATIONS UNDER THE PREVIOUS
19 LICENSE, AS AFORESAID, OR IF AND WHEN SUCH PREVIOUS LICENSE IS
20 FOR ANY REASON REVOKED.] IN CASES WHERE A LICENSEE OR ITS
21 SERVANTS, AGENTS OR EMPLOYES ARE ARRESTED OR CHARGED WITH
22 VIOLATING ANY OF THE LAWS OF THIS COMMONWEALTH OR IF A LICENSEE
23 HAS ONE OR MORE UNADJUDICATED CITATIONS PENDING AGAINST THE
24 LICENSEE AT THE TIME A RENEWAL APPLICATION FOR THE LICENSE IS
25 PENDING BEFORE THE BOARD, THE BOARD MAY, IN ITS DISCRETION,
26 RENEW THE LICENSE; HOWEVER, THE RENEWED LICENSE MAY BE
27 SUBSEQUENTLY REVOKED BY THE BOARD IF AND WHEN THE LICENSEE OR
28 ITS SERVANTS, AGENTS OR EMPLOYES ARE CONVICTED OF THE PENDING
29 CRIMINAL CHARGES OR WHEN THE CITATION ISSUED AGAINST THE LICENSE
30 IS ADJUDICATED BY THE OFFICE OF ADMINISTRATIVE LAW JUDGE.
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1 IN THE EVENT [SUCH] THE RENEWAL LICENSE IS REVOKED BY THE
2 BOARD, NEITHER THE LICENSE FEE PAID FOR [SUCH] THE LICENSE NOR
3 ANY PART THEREOF SHALL BE RETURNED TO THE LICENSEE.
4 * * *
5 SECTION 7. SECTION 472.5 OF THE ACT, ADDED APRIL 29, 1994
6 (P.L.212, NO.30), IS AMENDED TO READ:
7 SECTION 472.5. PRIVATELY OWNED GOLF COURSES LOCATED IN MORE
8 THAN ONE COUNTY; EQUINE CENTERS.--(A) THE BOARD MAY ISSUE TO A
9 NONPROFIT CORPORATION A CLUB LIQUOR LICENSE OR CLUB CATERING
10 LICENSE IF ALL OF THE FOLLOWING APPLY:
11 (1) THE NONPROFIT CORPORATION IS INCORPORATED IN THIS
12 COMMONWEALTH.
13 (2) THE NONPROFIT CORPORATION OPERATES A PRIVATELY OWNED
14 PRIVATE GOLF COURSE:
15 (I) HAVING CONTIGUOUS LAND SITUATE IN TWO OR MORE
16 MUNICIPALITIES;
17 (II) IN WHICH ONE OR MORE OF THE MUNICIPALITIES, BUT LESS
18 THAN ALL, THE GRANTING OF A LIQUOR LICENSE HAS NOT BEEN
19 PROHIBITED; AND
20 (III) IN WHICH AT LEAST ONE ACRE OF THE CONTIGUOUS LAND IS
21 SITUATE IN MORE THAN ONE COUNTY AND ONE OR MORE MUNICIPALITIES.
22 (3) THE BOARD FINDS THAT THE LICENSE WILL NOT BE DETRIMENTAL
23 TO ANY RESIDENTIAL NEIGHBORHOOD.
24 (B) SUBSECTION (A) SHALL NOT BE CONSTRUED TO PROHIBIT THE
25 ISSUANCE OF CLUB LIQUOR LICENSES OR CLUB CATERING LICENSES WHICH
26 MAY OTHERWISE BE ISSUED UNDER THE PROVISIONS OF THIS ACT.
27 (C) THE BOARD MAY ISSUE PUBLIC VENUE, HOTEL AND RESTAURANT
28 LIQUOR LICENSES TO QUALIFYING FACILITIES AT AN EQUINE CENTER
29 NOTWITHSTANDING A VOTE BY ELECTORS WHICH PROHIBITS THE ISSUANCE
30 OF LICENSES FOR THE RETAIL SALE OF LIQUOR AND MALT OR BREWED
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1 BEVERAGES.
2 SECTION 8. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
3 SECTION 479. POINT SYSTEM FOR CERTAIN LICENSEES.--(A) (1)
4 A NUMERICAL SYSTEM FOR LIQUOR LICENSE CONTROL IS HEREBY
5 ESTABLISHED FOR USE IN CITIES OF THE FIRST CLASS. THE SYSTEM
6 SHALL BE UTILIZED IN CONJUNCTION WITH OTHER PROVISIONS OF THIS
7 ACT FOR LICENSE TRANSFER, RENEWAL, SUSPENSION OR REVOCATION.
8 (2) EVERY LIQUOR AND MALT BEVERAGES LICENSEE IN CITIES OF
9 THE FIRST CLASS WHO HAS BEEN CITED FOR A VIOLATION UNDER SECTION
10 471 SHALL HAVE POINTS ASSESSED TO HIS LICENSE RECORD AS OF THE
11 DATE OF THE FINAL ADJUDICATION.
12 (B) THE FOLLOWING SHALL BE CONSIDERED ENHANCED PENALTY
13 VIOLATIONS AND THE ADMINISTRATIVE LAW JUDGE SHALL ASSIGN FIVE TO
14 TEN POINTS DEPENDING UPON THE CIRCUMSTANCES SURROUNDING THE
15 VIOLATIONS TO A LICENSE RECORD FOR EACH AND EVERY ENHANCED
16 PENALTY VIOLATION, EVEN WHEN ARISING FROM THE SAME CORE OF
17 OPERATIVE FACTS:
18 (1) A VIOLATION OF SECTION 493(1) AS RELATES TO SALES TO
19 MINORS AND VISIBLY INTOXICATED INDIVIDUALS;
20 (2) A VIOLATION OF SECTION 493(10) AS RELATES TO LEWD,
21 IMMORAL OR IMPROPER ENTERTAINMENT;
22 (3) A VIOLATION OF SECTION 493(14) AS RELATES TO PERMITTING
23 UNDESIRABLE PERSONS OR MINORS TO FREQUENT PREMISES;
24 (4) A VIOLATION OF SECTION 493(16) AS RELATES TO FURNISHING
25 LIQUOR AT UNLAWFUL HOURS;
26 (5) A VIOLATION OF SECTION 493(21) AS RELATES TO REFUSING
27 INSPECTION;
28 (6) A VIOLATION OF SECTION 611 AS RELATES TO PUBLIC
29 NUISANCES;
30 (7) ANY VIOLATION OF THE ACT OF APRIL 14, 1972 (P.L.233,
20030H2105B4756 - 13 -
1 NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
2 COSMETIC ACT," PERMITTED BY THE OWNER, EMPLOYEES OR OPERATOR OF
3 THE LICENSED PREMISES OR AN AGENT THEREOF IF THE VIOLATION
4 OCCURS AT THE LICENSED PREMISES;
5 (8) A VIOLATION OF 18 PA.C.S. § 5902 (RELATING TO
6 PROSTITUTION AND RELATED OFFENSES) COMMITTED BY THE OWNER OR
7 OPERATOR OF THE LICENSED PREMISES OR AN AGENT THEREOF IF THE
8 VIOLATION OCCURS AT THE LICENSED PREMISES;
9 (9) A VIOLATION OF 18 PA.C.S. § 6301 (RELATING TO CORRUPTION
10 OF MINORS) COMMITTED BY THE OWNER OR OPERATOR OF THE LICENSED
11 PREMISES OR AN AGENT THEREOF IF THE VIOLATION OCCURS AT THE
12 LICENSED PREMISES; OR
13 (10) A VIOLATION OF 18 PA.C.S. (RELATING TO CRIMES AND
14 OFFENSES) IF THE VIOLATION IS GRADED AS A FELONY.
15 (C) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (D), THE BOARD
16 SHALL, BY REGULATION, ASSIGN POINTS RANGING ON A SCALE OF ONE TO
17 FIVE FOR VIOLATIONS SET FORTH IN THIS ACT AND ITS REGULATIONS.
18 IF A LICENSEE OR HIS AGENT IS FOUND TO HAVE VIOLATED TWO OR MORE
19 NONENHANCED VIOLATIONS UNDER THIS ACT ARISING FROM THE SAME CORE
20 OF OPERATIVE FACTS, POINTS SHALL BE ASSIGNED ONLY FOR THE
21 VIOLATION FOR WHICH THE GREATEST NUMBER OF POINTS MAY BE
22 ASSESSED.
23 (D) NO POINTS SHALL BE ASSESSED FOR THE FOLLOWING
24 VIOLATIONS:
25 (1) SECTION 467 AS RELATES TO FAILURE TO DISPLAY LICENSE
26 UNDER TRANSPARENT MATERIAL;
27 (2) SECTION 491(5) AS RELATES TO FAILURE TO PROPERLY DISPOSE
28 OF EMPTY LIQUOR CONTAINERS;
29 (3) SECTION 493(6) AS RELATES TO BRAND OR TRADE NAME ON
30 SPIGOT;
20030H2105B4756 - 14 -
1 (4) SECTION 493(12) AS RELATES TO FAILURE TO HAVE RECORDS ON
2 PREMISES;
3 (5) SECTION 493(20) AS RELATES TO UNLAWFUL ADVERTISING;
4 (6) 40 PA. CODE § 3.51 (RELATING TO LIQUOR) AS RELATES TO
5 INSIDE PASSAGES AND CONNECTIONS TO RESIDENCE;
6 (7) 40 PA. CODE § 5.42 (RELATING TO LIGHTING) AS RELATES TO
7 ADEQUATE LIGHTING; OR
8 (8) 40 PA. CODE §§ 5.51(A) (RELATING TO CLEANING OF COILS,
9 TAP RODS AND CONNECTIONS) AND 5.52 (RELATING TO CERTIFICATE OR
10 RECORD REQUIRED) AS RELATES TO CLEANING OF COILS AND MAINTENANCE
11 OF RECORDS ON THE CLEANING OF COILS.
12 (E) WHENEVER POINTS ARE ASSIGNED TO A LICENSE RECORD, THE
13 ADMINISTRATIVE LAW JUDGE SHALL SEND TO THAT LICENSEE A NOTICE
14 REGARDING THE POINTS ASSIGNED AND EMPHASIZING THE NATURE AND
15 EFFECTS OF THE POINT SYSTEM. FAILURE TO RECEIVE SUCH LETTER
16 SHALL NOT PREVENT THE ASSIGNMENT OF POINTS OR THE SUBSEQUENT
17 REVOCATION OF LICENSE PRIVILEGES UNDER THIS SECTION.
18 (F) AS USED IN THIS SECTION, "FINAL ADJUDICATION" SHALL MEAN
19 WHEN THE ADMINISTRATIVE LAW JUDGE HAS RENDERED A DECISION ON THE
20 CITATION NOTWITHSTANDING ANY APPEALS OF THAT DECISION.
21 (G) THE ESTABLISHMENT OF A POINT SYSTEM DOES NOT IN ANY WAY
22 LIMIT THE RIGHT OF AN ADMINISTRATIVE LAW JUDGE TO REVOKE A
23 LICENSE UNDER SECTION 471, NOR DOES IT LIMIT THE BOARD'S RIGHTS
24 TO NOT RENEW A LICENSE OR AMUSEMENT PERMIT UNDER SECTIONS 470
25 AND 478.
26 SECTION 480. REMOVAL OF POINTS.--POINTS ASSIGNED TO ANY
27 LICENSE RECORD SHALL BE REMOVED AT THE RATE OF THREE POINTS FOR
28 EACH TWELVE CONSECUTIVE MONTHS OF OPERATION OF THE ESTABLISHMENT
29 IN WHICH SUCH LICENSEE HAS NOT BEEN SUBJECT TO A CITATION WHICH
30 RESULTS IN THE ASSIGNMENT OF POINTS UNDER THIS ACT.
20030H2105B4756 - 15 -
1 SECTION 481. SCHOOL, MANDATORY SAFEKEEPING OR REVOCATION OF
2 LICENSE PRIVILEGE ON ACCUMULATION OF POINTS.--(A) WHEN ANY
3 LICENSE ACCUMULATES TEN POINTS OR MORE, THE ADMINISTRATIVE LAW
4 JUDGE SHALL REQUIRE THE LICENSE HOLDER TO BECOME COMPLIANT WITH
5 AND REMAIN COMPLIANT WITH THE RESPONSIBLE ALCOHOL MANAGEMENT
6 PROVISIONS OF SECTION 471.1. FAILURE TO COMPLY WITH SUCH AN
7 ORDER WITHIN NINETY DAYS, SHALL RESULT IN TWO ADDITIONAL POINTS
8 BEING ASSESSED AGAINST THE LICENSE RECORD.
9 (B) WHEN ANY LICENSE ACCUMULATES FIFTEEN POINTS OR MORE, THE
10 ADMINISTRATIVE LAW JUDGE SHALL PLACE THE LICENSE IN SAFEKEEPING.
11 THE LICENSE CAN ONLY BE REMOVED FROM SAFEKEEPING UPON APPROVAL
12 BY THE BOARD OF A TRANSFER TO A DISINTERESTED THIRD PARTY IN AN
13 ARM'S-LENGTH TRANSACTION. A LICENSE TRANSFERRED UNDER THIS
14 SUBSECTION SHALL HAVE THE POINTS ASSIGNED TO IT REDUCED TO TEN
15 UPON COMPLETION OF THE TRANSFER. IF WITHIN NINETY DAYS OF THE
16 TRANSFER THE NEW OWNER VOLUNTARILY BECOMES COMPLIANT WITH AND
17 REMAINS COMPLIANT WITH THE RESPONSIBLE ALCOHOL MANAGEMENT
18 PROVISIONS OF SECTION 471.1, TWO ADDITIONAL POINTS SHALL BE
19 REMOVED FROM THE LICENSE RECORD.
20 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, WHEN
21 ANY LICENSE ACCUMULATES TWENTY POINTS OR MORE, THE
22 ADMINISTRATIVE LAW JUDGE SHALL REVOKE THE LICENSE.
23 (D) AN APPEAL OF AN ORDER ISSUED UNDER THIS SECTION SHALL
24 NOT ACT AS A STAY OF THE ORDER.
25 SECTION 482. POINTS FOLLOW TRANSFER OF LICENSE.--POINTS
26 ASSIGNED TO THE LICENSE RECORD SHALL TRANSFER WITH THE LICENSE
27 TO THE NEW OWNER. IF WITHIN NINETY DAYS OF THE TRANSFER THE NEW
28 OWNER VOLUNTARILY BECOMES COMPLIANT WITH AND REMAINS COMPLIANT
29 WITH THE RESPONSIBLE ALCOHOL MANAGEMENT PROVISIONS OF SECTION
30 471.1, TWO POINTS SHALL BE REMOVED FROM THE LICENSE RECORD.
20030H2105B4756 - 16 -
1 Section 2 4. Section 493(24) of the act is amended to read: <--
2 SECTION 9. SECTION 493(1), (2) AND (24) OF THE ACT, AMENDED <--
3 FEBRUARY 18, 1998 (P.L.162, NO.25), ARE AMENDED AND THE SECTION
4 IS AMENDED BY ADDING A CLAUSE TO READ:
5 Section 493. Unlawful Acts Relative to Liquor, Malt and
6 Brewed Beverages and Licensees.--The term "licensee," when used
7 in this section, shall mean those persons licensed under the
8 provisions of Article IV, unless the context clearly indicates
9 otherwise.
10 It shall be unlawful--
11 (1) FURNISHING LIQUOR OR MALT OR BREWED BEVERAGES TO CERTAIN <--
12 PERSONS. FOR ANY LICENSEE OR THE BOARD, OR ANY EMPLOYE, SERVANT
13 OR AGENT OF SUCH LICENSEE OR OF THE BOARD, OR ANY OTHER PERSON,
14 TO SELL, FURNISH OR GIVE ANY LIQUOR OR MALT OR BREWED BEVERAGES,
15 OR TO PERMIT ANY LIQUOR OR MALT OR BREWED BEVERAGES TO BE SOLD,
16 FURNISHED OR GIVEN, TO ANY PERSON VISIBLY INTOXICATED, [OR TO
17 ANY INSANE PERSON,] OR TO ANY MINOR[, OR TO HABITUAL DRUNKARDS,
18 OR PERSONS OF KNOWN INTEMPERATE HABITS.]: PROVIDED FURTHER, THAT
19 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CAUSE OF ACTION
20 WILL EXIST AGAINST A LICENSEE OR THE BOARD OR ANY EMPLOYE,
21 SERVANT OR AGENT OF SUCH LICENSEE OR THE BOARD FOR SELLING,
22 FURNISHING OR GIVING ANY LIQUOR OR MALT OR BREWED BEVERAGES OR
23 PERMITTING ANY LIQUOR OR MALT OR BREWED BEVERAGES TO BE SOLD,
24 FURNISHED OR GIVEN TO ANY INSANE PERSON, ANY HABITUAL DRUNKARD
25 OR PERSON OF KNOWN INTEMPERATE HABITS UNLESS THE PERSON SOLD,
26 FURNISHED OR GIVEN ALCOHOL IS VISIBLY INTOXICATED OR IS A MINOR.
27 (2) PURCHASE OR SALE OF LIQUOR OR MALT OR BREWED BEVERAGES
28 ON CREDIT; IMPORTING DISTRIBUTORS OR DISTRIBUTORS ACCEPTING
29 CASH. FOR ANY LICENSEE, HIS AGENT, SERVANT OR EMPLOYE, TO SELL
30 OR OFFER TO SELL OR PURCHASE OR RECEIVE ANY LIQUOR OR MALT OR
20030H2105B4756 - 17 -
1 BREWED BEVERAGES EXCEPT FOR CASH, EXCEPTING CREDIT EXTENDED BY A
2 HOTEL OR CLUB TO A BONA FIDE GUEST OR MEMBER, OR BY RAILROAD OR
3 PULLMAN COMPANIES IN DINING, CLUB OR BUFFET CARS TO PASSENGERS,
4 FOR CONSUMPTION WHILE ENROUTE, HOLDING AUTHORIZED CREDIT CARDS
5 ISSUED BY RAILROAD OR RAILROAD CREDIT BUREAUS OR BY HOTEL,
6 RESTAURANT, RETAIL DISPENSER EATING PLACE, CLUB AND PUBLIC
7 SERVICE LICENSEES, IMPORTING DISTRIBUTORS OR DISTRIBUTORS TO
8 CUSTOMERS NOT POSSESSING A LICENSE UNDER THIS ARTICLE AND
9 HOLDING CREDIT CARDS ISSUED IN ACCORDANCE WITH REGULATIONS OF
10 THE BOARD OR CREDIT CARDS ISSUED BY BANKING INSTITUTIONS SUBJECT
11 TO STATE OR FEDERAL REGULATION: PROVIDED FURTHER, THAT NOTHING
12 HEREIN CONTAINED SHALL BE CONSTRUED TO PROHIBIT THE USE OF
13 CHECKS OR DRAFTS DRAWN ON A BANK, BANKING INSTITUTION, TRUST
14 COMPANY OR SIMILAR DEPOSITORY, ORGANIZED AND EXISTING UNDER THE
15 LAWS OF THE UNITED STATES OF AMERICA OR THE LAWS OF ANY STATE,
16 TERRITORY OR POSSESSION THEREOF, IN PAYMENT FOR ANY LIQUOR OR
17 MALT OR BREWED BEVERAGES IF THE PURCHASER IS THE PAYOR OF THE
18 CHECK OR DRAFT AND THE LICENSEE IS THE PAYEE[.]: PROVIDED
19 FURTHER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT,
20 TO THE CONTRARY, IT SHALL BE UNLAWFUL FOR AN IMPORTING
21 DISTRIBUTOR OR DISTRIBUTOR TO ACCEPT CASH FOR PAYMENT OF ANY
22 MALT OR BREWED BEVERAGES FROM ANYONE POSSESSING A LICENSE ISSUED
23 UNDER THIS ARTICLE. NO RIGHT OF ACTION SHALL EXIST TO COLLECT
24 ANY CLAIM FOR CREDIT EXTENDED CONTRARY TO THE PROVISIONS OF THIS
25 CLAUSE. NOTHING HEREIN CONTAINED SHALL PROHIBIT A LICENSEE FROM
26 CREDITING TO A PURCHASER THE ACTUAL PRICE CHARGED FOR ORIGINAL
27 CONTAINERS RETURNED BY THE ORIGINAL PURCHASER AS A CREDIT ON ANY
28 SALE, OR FROM REFUNDING TO ANY PURCHASER THE AMOUNT PAID BY SUCH
29 PURCHASER FOR SUCH CONTAINERS OR AS A DEPOSIT ON CONTAINERS WHEN
30 TITLE IS RETAINED BY THE VENDOR, IF SUCH ORIGINAL CONTAINERS
20030H2105B4756 - 18 -
1 HAVE BEEN RETURNED TO THE LICENSEE. NOTHING HEREIN CONTAINED
2 SHALL PROHIBIT A MANUFACTURER FROM EXTENDING USUAL AND CUSTOMARY
3 CREDIT FOR LIQUOR OR MALT OR BREWED BEVERAGES SOLD TO CUSTOMERS
4 OR PURCHASERS WHO LIVE OR MAINTAIN PLACES OF BUSINESS OUTSIDE OF
5 THE COMMONWEALTH OF PENNSYLVANIA, WHEN THE LIQUOR OR MALT OR
6 BREWED BEVERAGES SO SOLD ARE ACTUALLY TRANSPORTED AND DELIVERED
7 TO POINTS OUTSIDE OF THE COMMONWEALTH: PROVIDED, HOWEVER, THAT
8 AS TO ALL TRANSACTIONS AFFECTING MALT OR BREWED BEVERAGES TO BE
9 RESOLD OR CONSUMED WITHIN THIS COMMONWEALTH, EVERY LICENSEE
10 SHALL PAY AND SHALL REQUIRE CASH DEPOSITS ON ALL RETURNABLE
11 ORIGINAL CONTAINERS AND ALL SUCH CASH DEPOSITS SHALL BE REFUNDED
12 UPON RETURN OF THE ORIGINAL CONTAINERS.
13 * * *
14 (24) Things of Value Offered as Inducement. For any licensee
15 under the provisions of this article, or the board or any
16 manufacturer, or any employe or agent of a manufacturer,
17 licensee or of the board, to offer to give anything of value or
18 to solicit or receive anything of value as a premium for the
19 return of caps, stoppers, corks, stamps or labels taken from any
20 bottle, case, barrel or package containing liquor or malt or
21 brewed beverage, or to offer or give or solicit or receive
22 anything of value as a premium or present to induce directly the
23 purchase of liquor or malt or brewed beverage, or for any
24 licensee, manufacturer or other person to offer or give to trade
25 or consumer buyers any prize, premium, gift or other inducement
26 to purchase liquor or malt or brewed beverages, except
27 advertising novelties of nominal value which the board shall
28 define. This section shall not prevent any manufacturer or any
29 agent of a manufacturer from offering [only on licensed <--
30 premises] and honoring coupons which offer monetary rebates on <--
20030H2105B4756 - 19 -
1 purchases of wines and spirits through State Liquor Stores [and <--
2 purchases of malt or brewed beverages] in accordance with <--
3 conditions or regulations established by the board. Further, no <--
4 manufacturer or any agent of a manufacturer shall honor any
5 coupons without proof of purchase [in the form of a sales slip
6 or receipt attached to the coupons]. [FURTHER, NO MANUFACTURER <--
7 OR ANY AGENT OF A MANUFACTURER SHALL HONOR ANY COUPONS WITHOUT
8 PROOF OF PURCHASE IN THE FORM OF A SALES SLIP OR RECEIPT
9 ATTACHED TO THE COUPONS.] THE BOARD MAY REDEEM COUPONS OFFERED
10 BY A MANUFACTURER OR AN AGENT OF A MANUFACTURER AT THE TIME OF
11 PURCHASE. COUPONS OFFERED BY A MANUFACTURER OR AN AGENT OF A
12 MANUFACTURER SHALL NOT BE REDEEMED WITHOUT PROOF OF PURCHASE.
13 This section shall not apply to the return of any monies
14 specifically deposited for the return of the original container
15 to the owners thereof.
16 * * *
17 (30) PYROTECHNICS PROHIBITED. FOR ANY LICENSEE, HIS <--
18 SERVANTS, AGENTS OR EMPLOYES, EXCEPT LICENSEES WHERE PYROTECHNIC
19 DISPLAYS ARE PERFORMED BY A PYROTECHNIC OPERATOR LICENSED BY THE
20 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, AND ARE
21 APPROVED BY A MUNICIPAL FIRE OFFICIAL, TO STORE, HANDLE, USE OR
22 DISPLAY ANY PYROTECHNICS WITHIN A BUILDING ON THE LICENSED
23 PREMISES. FOR PURPOSES OF THIS CLAUSE, "PYROTECHNICS" SHALL MEAN
24 ANY CHEMICAL MIXTURE, INCLUDING PYROTECHNIC COMPOSITIONS,
25 INTENDED TO PRODUCE A VISIBLE OR AUDIBLE EFFECT BY COMBUSTION,
26 DEFLAGRATION OR DETONATION AS DEFINED BY SECTION 1.5.52 OF THE
27 NATIONAL FIRE PROTECTION ASSOCIATION STANDARD 1126 ENTITLED
28 "STANDARD FOR THE USE OF PYROTECHNICS BEFORE A PROXIMATE
29 AUDIENCE," 1992 EDITION.
30 SECTION 5 10. SECTION 505.2 OF THE ACT, AMENDED NOVEMBER 10, <--
20030H2105B4756 - 20 -
1 1999 (P.L.514, NO.47), DECEMBER 9, 2002 (P.L.1653, NO.212),
2 DECEMBER 16, 2002 (P.L.1806, NO.221) AND JULY 17, 2003 (P.L.63,
3 NO.15), IS AMENDED TO READ:
4 SECTION 505.2. LIMITED WINERIES.--(A) IN THE INTEREST OF
5 PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA,
6 HOLDERS OF A LIMITED WINERY LICENSE MAY:
7 (1) PRODUCE ALCOHOLIC CIDERS, WINES AND WINE COOLERS,
8 SUBJECT TO THE EXCEPTIONS PROVIDED UNDER THIS SECTION, ONLY FROM
9 [FRUITS] AN AGRICULTURAL COMMODITY GROWN IN PENNSYLVANIA. <--
10 (2) SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED BY
11 THE LIMITED WINERY OR PURCHASED IN BULK IN BOND FROM ANOTHER
12 PENNSYLVANIA LIMITED WINERY ON THE LICENSED PREMISES, UNDER SUCH
13 CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE, TO THE
14 BOARD, TO INDIVIDUALS AND TO BREWERY, HOTEL, RESTAURANT, CLUB
15 AND PUBLIC SERVICE LIQUOR LICENSEES, AND TO PENNSYLVANIA WINERY
16 LICENSEES: PROVIDED, THAT A LIMITED WINERY SHALL NOT, IN ANY
17 CALENDAR YEAR, PURCHASE ALCOHOLIC CIDER OR WINE PRODUCED BY
18 OTHER LIMITED WINERIES IN AN AMOUNT IN EXCESS OF FIFTY PER
19 CENTUM OF THE ALCOHOLIC CIDER OR WINE PRODUCED BY THE PURCHASING
20 LIMITED WINERY IN THE PRECEDING CALENDAR YEAR. IN ADDITION, THE
21 HOLDER OF A LIMITED WINERY LICENSE MAY PURCHASE WINE IN BOTTLES
22 FROM ANOTHER PENNSYLVANIA LIMITED WINERY IF THESE WINES UNDERGO
23 A SECOND FERMENTATION PROCESS. SUCH WINE MAY BE SOLD IN BOTTLES
24 BEARING THE PURCHASING LIMITED WINERY'S LABEL OR THE PRODUCING
25 LIMITED WINERY'S LABEL. SUCH WINES, IF SOLD BY THE BOARD, MAY BE
26 SOLD BY THE PRODUCING LIMITED WINERY TO THE PURCHASING LIMITED
27 WINERY AT A PRICE LOWER THAN THE PRICE CHARGED BY THE BOARD.
28 (3) SEPARATELY OR IN CONJUNCTION WITH OTHER LIMITED
29 WINERIES, SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED
30 BY THE LIMITED WINERY ON NO MORE THAN FIVE (5) BOARD-APPROVED
20030H2105B4756 - 21 -
1 LOCATIONS OTHER THAN THE LICENSED PREMISES, WITH NO BOTTLING OR
2 PRODUCTION REQUIREMENT AT THOSE ADDITIONAL BOARD-APPROVED
3 LOCATIONS AND UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD
4 MAY ENFORCE, TO THE BOARD, TO INDIVIDUALS AND TO BREWERY, HOTEL,
5 RESTAURANT, CLUB AND PUBLIC SERVICE LIQUOR LICENSEES. IF TWO OR
6 MORE LIMITED WINERIES APPLY TO OPERATE AN ADDITIONAL BOARD-
7 APPROVED LOCATION IN CONJUNCTION WITH EACH OTHER, THE WINERIES
8 NEED ONLY HAVE ONE BOARD-APPROVED MANAGER FOR THE LOCATION, NEED
9 ONLY PAY ONE APPLICATION FEE AND NEED NOT DESIGNATE SPECIFIC OR
10 DISTINCT AREAS FOR EACH WINERY'S LICENSED AREA. EACH LIMITED
11 WINERY MUST FILE AN APPLICATION FOR SUCH AN ADDITIONAL BOARD-
12 APPROVED LOCATION, AND SUCH LOCATION SHALL COUNT AS ONE OF THE
13 FIVE PERMITTED FOR EACH LIMITED WINERY. EACH LIMITED WINERY IS
14 RESPONSIBLE FOR KEEPING ONLY ITS OWN COMPLETE RECORDS. A LIMITED
15 WINERY MAY BE CITED FOR A VIOLATION OF THE RECORDKEEPING
16 REQUIREMENTS OF SECTIONS 512 AND 513 PERTAINING TO ITS OWN
17 RECORDS ONLY.
18 (4) AT THE DISCRETION OF THE BOARD, OBTAIN A SPECIAL PERMIT
19 TO PARTICIPATE IN ALCOHOLIC CIDER, WINE AND FOOD EXPOSITIONS OFF
20 THE LICENSED PREMISES. A SPECIAL PERMIT SHALL BE ISSUED UPON
21 PROPER APPLICATION AND PAYMENT OF A FEE OF THIRTY DOLLARS ($30)
22 PER DAY FOR EACH DAY OF PERMITTED USE, NOT TO EXCEED FIVE (5)
23 CONSECUTIVE DAYS. THE TOTAL NUMBER OF DAYS FOR ALL THE SPECIAL
24 PERMITS MAY NOT EXCEED FORTY (40) DAYS IN ANY CALENDAR YEAR. A
25 SPECIAL PERMIT SHALL ENTITLE THE HOLDER TO ENGAGE IN THE SALE BY <--
26 THE GLASS, BY THE BOTTLE OR IN CASE LOTS OF ALCOHOLIC CIDER OR
27 WINE PRODUCED [BY THE BOTTLE OR IN CASE LOTS] BY THE PERMITTEE <--
28 UNDER THE AUTHORITY OF A LIMITED WINERY LICENSE. HOLDERS OF
29 SPECIAL PERMITS MAY PROVIDE TASTING SAMPLES OF WINES IN
30 INDIVIDUAL PORTIONS NOT TO EXCEED ONE FLUID OUNCE. SAMPLES AT
20030H2105B4756 - 22 -
1 ALCOHOLIC CIDER, WINE AND FOOD EXPOSITIONS MAY BE SOLD OR
2 OFFERED FREE OF CHARGE. EXCEPT AS PROVIDED HEREIN, LIMITED
3 WINERIES UTILIZING SPECIAL PERMITS SHALL BE GOVERNED BY ALL
4 APPLICABLE PROVISIONS OF THIS ACT AS WELL AS BY ALL APPLICABLE
5 REGULATIONS OR CONDITIONS ADOPTED BY THE BOARD.
6 FOR THE PURPOSES OF THIS CLAUSE, "ALCOHOLIC CIDER, WINE AND
7 FOOD EXPOSITIONS" ARE DEFINED AS AFFAIRS HELD INDOORS OR
8 OUTDOORS WITH THE PRIMARY INTENT OF EDUCATING THOSE IN
9 ATTENDANCE OF THE AVAILABILITY, NATURE AND QUALITY OF
10 PENNSYLVANIA-PRODUCED ALCOHOLIC CIDERS AND WINES IN CONJUNCTION
11 WITH SUITABLE FOOD DISPLAYS, DEMONSTRATIONS AND SALES. ALCOHOLIC
12 CIDER, WINE AND FOOD EXPOSITIONS MAY ALSO INCLUDE ACTIVITIES
13 OTHER THAN ALCOHOLIC CIDER, WINE AND FOOD DISPLAYS, INCLUDING
14 ARTS AND CRAFTS, MUSICAL ACTIVITIES, CULTURAL EXHIBITS,
15 AGRICULTURAL EXHIBITS AND SIMILAR ACTIVITIES.
16 (5) APPLY FOR AND HOLD A HOTEL LIQUOR LICENSE, A RESTAURANT
17 LIQUOR LICENSE OR A MALT AND BREWED BEVERAGES RETAIL LICENSE TO
18 SELL FOR CONSUMPTION AT THE RESTAURANT OR LIMITED WINERY ON THE
19 LICENSED WINERY PREMISES, LIQUOR, WINE AND MALT OR BREWED
20 BEVERAGES REGARDLESS OF THE PLACE OF MANUFACTURE UNDER THE SAME
21 CONDITIONS AND REGULATIONS AS ANY OTHER HOTEL LIQUOR LICENSE,
22 RESTAURANT LIQUOR LICENSE OR MALT AND BREWED BEVERAGES RETAIL
23 LICENSE.
24 (6) (I) SECURE A PERMIT FROM THE BOARD TO ALLOW THE HOLDER
25 OF A LIMITED WINERY LICENSE TO USE UP TO TWENTY-FIVE PER CENTUM
26 PERMITTED FRUIT, NOT WINE, IN THE CURRENT YEAR'S PRODUCTION.
27 EACH PERMIT IS VALID ONLY FOR THE CALENDAR YEAR IN WHICH IT IS
28 ISSUED.
29 (II) THE FEE FOR A PERMIT TO IMPORT AND USE PERMITTED FRUIT
30 SHALL BE IN AN AMOUNT TO BE DETERMINED BY THE BOARD.
20030H2105B4756 - 23 -
1 (III) THE PURPOSE OF THIS SECTION IS TO INCREASE THE
2 PRODUCTIVITY OF LIMITED WINERIES WHILE AT THE SAME TIME
3 PROTECTING THE INTEGRITY AND UNIQUE CHARACTERISTICS OF WINE
4 PRODUCED FROM FRUIT PRIMARILY GROWN IN THIS COMMONWEALTH.
5 PREVAILING CLIMATIC CONDITIONS HAVE A SIGNIFICANT IMPACT ON THE
6 CHARACTER OF THE FRUIT. ACCORDINGLY, "PERMITTED FRUIT" SHALL
7 MEAN FRUIT GROWN OR JUICE DERIVED FROM FRUIT GROWN WITHIN THREE
8 HUNDRED FIFTY (350) MILES OF THE WINERY.
9 (IV) THE DEPARTMENT IS AUTHORIZED TO PROMULGATE REGULATIONS
10 REQUIRING THE FILING OF PERIODIC REPORTS BY LIMITED WINERIES TO
11 ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
12 [(V) THIS CLAUSE SHALL EXPIRE ON DECEMBER 31, 2004.] <--
13 (6.1) SELL WINE OR LIQUOR-SCENTED CANDLES ACQUIRED OR <--
14 PRODUCED BY THE LIMITED WINERY.
15 [(7)] (B) THE TOTAL PRODUCTION OF ALCOHOLIC CIDERS, WINE AND
16 WINE COOLERS BY A LIMITED WINERY MAY NOT EXCEED TWO HUNDRED
17 THOUSAND (200,000) GALLONS PER YEAR.
18 (6.1) SELL FOOD FOR CONSUMPTION ON OR OFF THE LICENSED <--
19 PREMISES AND SELL BY THE GLASS ONLY WINE AND ALCOHOLIC CIDERS
20 THAT MAY OTHERWISE BE SOLD BY THE BOTTLE.
21 (6.2) SELL WINE OR LIQUOR SCENTED CANDLES ACQUIRED OR
22 PRODUCED BY THE LIMITED WINERY.
23 (6.3) SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS ONLY
24 BETWEEN THE HOURS OF NINE O'CLOCK ANTEMERIDIAN AND NINE O'OCLOCK
25 POSTMERIDIAN. DURING THE PERIOD FROM THANKSGIVING DAY THROUGH
26 NEW YEAR'S DAY, LIMITED WINERY SALES LOCATIONS MAY REMAIN OPEN
27 TO CONFORM WITH THE CLOSING TIMES OF NEIGHBORING MALL OR
28 SHOPPING DISTRICT BUSINESSES, BUT NO LATER THAN TEN O'CLOCK
29 POSTMERIDIAN. A LIMITED WINERY ALSO MAY REQUEST APPROVAL FROM
30 THE BOARD TO EXTEND SALES HOURS IN INDIVIDUAL LOCATIONS AT OTHER
20030H2105B4756 - 24 -
1 TIMES DURING THE YEAR, OR BEYOND THE LIMITS SET IN THIS CLAUSE.
2 THE REQUEST SHALL BE MADE IN WRITING TO THE BOARD'S OFFICE OF
3 THE CHIEF COUNSEL AND SHALL DETAIL THE EXACT LOCATIONS WHERE
4 SALES HOURS ARE PROPOSED TO BE EXTENDED, THE PROPOSED HOURS AND
5 DATES OF EXTENDED OPERATION AND THE REASON FOR THE PROPOSED
6 EXTENDED HOURS.
7 [(7)] (B) THE TOTAL PRODUCTION OF ALCOHOLIC CIDERS, WINE AND
8 WINE COOLERS BY A LIMITED WINERY MAY NOT EXCEED TWO HUNDRED
9 THOUSAND (200,000) GALLONS PER YEAR.
10 (C) THE TERM "AGRICULTURAL COMMODITY" AS USED IN THIS
11 SECTION SHALL INCLUDE ANY OF THE FOLLOWING: AGRICULTURAL,
12 APICULTURAL, HORTICULTURAL, SILVICULTURAL AND VITICULTURAL
13 COMMODITIES.
14 SECTION 3 6 11. THE ACT IS AMENDED BY ADDING A SECTION TO <--
15 READ:
16 SECTION 505.3 505.4. DISTILLERIES.--THE BOARD MAY ISSUE A <--
17 DISTILLERY OF HISTORICAL SIGNIFICANCE LICENSE TO ANY DISTILLERY
18 WHICH WAS ESTABLISHED PRIOR TO JANUARY 1, 1875. THE HOLDER OF
19 THE LICENSE MAY MANUFACTURE AND SELL LIQUOR PRODUCED ON THE
20 LICENSED PREMISES TO THE BOARD, TO ENTITIES LICENSED BY THE
21 BOARD AND TO THE PUBLIC UNDER SUCH CONDITIONS AND REGULATIONS AS
22 THE BOARD MAY ENFORCE. PRODUCTION AT THE DISTILLERY OF <--
23 HISTORICAL SIGNIFICANCE SHALL BE LIMITED TO AN AMOUNT NOT TO
24 EXCEED TWENTY THOUSAND (20,000) GALLONS PER YEAR. THE DISTILLERY
25 DOES NOT NEED TO ESTABLISH CONTINUOUS OPERATION SINCE JANUARY 1,
26 1875, IN ORDER TO QUALIFY FOR A LICENSE UNDER THIS SECTION.
27 Section 3 4 7. This act shall take effect in 60 days. <--
28 SECTION 12. SECTIONS 479, 480, 481 AND 482 OF THE ACT SHALL <--
29 EXPIRE DECEMBER 31, 2006, UNLESS EXTENDED BY STATUTE.
30 SECTION 13. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
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1 (1) THE AMENDMENT OR ADDITION OF SECTION 207(A), 305(F)
2 AND (H), 493(24) AND 505.2 OF THE ACT SHALL TAKE EFFECT
3 IMMEDIATELY.
4 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
5 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
6 DAYS.
G17L47JLW/20030H2105B4756 - 26 -