PRIOR PRINTER'S NOS. 588, 595 PRINTER'S NO. 731
No. 532 Session of 2003
INTRODUCED BY CONTI, LEMMOND, TARTAGLIONE, THOMPSON, DENT, O'PAKE, ROBBINS, D. WHITE, TOMLINSON, MADIGAN, MUSTO AND WONDERLING, MARCH 25, 2003
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED, APRIL 22, 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 adding definitions of "proper supervision" and "social 18 gathering"; and further providing for sales by Pennsylvania <-- 19 Liquor Stores and for permitting undesirable persons or <-- 20 minors to frequent premises. CLUB LICENSES; AND REGULATING <-- 21 THE FREQUENTING OF PREMISES BY MINORS AND OTHER PERSONS. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 102 of the act of April 12, 1951 (P.L.90, 25 No.21), known as the Liquor Code, reenacted and amended June 29, 26 1987 (P.L.32, No.14), is amended by adding definitions to read:
1 Section 102. Definitions.--The following words or phrases, 2 unless the context clearly indicates otherwise, shall have the 3 meanings ascribed to them in this section: 4 * * * 5 "Proper supervision" shall mean a person twenty-five years of 6 age or older, who is directly responsible for the care and 7 conduct of a minor or minors while on the licensed premises, and 8 who keeps the minor or minors within his or her sight or 9 hearing. If the licensee, an employe of a licensee or anyone 10 else paid by the licensee is performing as proper supervisor 11 then that person may not perform any other employment-related 12 duties; otherwise proper supervision shall consist of unpaid 13 volunteers. 14 * * * 15 "Social gathering" shall mean events marketed to or catering 16 to minors in whole or in part for which proper notice has been 17 provided to the Bureau of Enforcement and at which time no 18 alcohol is served and all alcohol is removed or secured by lock 19 and key at the licensed premises. 20 * * * 21 Section 2. Section 305(a) and (h) of the act, amended 22 February 21, 2002 (P.L.103, No.10) and December 9, 2002 23 (P.L.1653, No.212), are amended to read: 24 Section 305. Sales by Pennsylvania Liquor Stores.--(a) 25 [Every Pennsylvania Liquor Store shall keep in stock for sale 26 such classes, varieties and brands of liquor and alcohol as the 27 board shall prescribe. Every Pennsylvania Liquor Store shall be 28 authorized to sell combination packages. If any person shall 29 desire to purchase any class, variety or brand of liquor or 30 alcohol which any such store does not have in stock, it shall be 20030S0532B0731 - 2 -
1 the duty of such store immediately to order the same upon the 2 payment of a reasonable deposit by the purchaser in such 3 proportion of the approximate cost of the order as shall be 4 prescribed by the regulations of the board. No purchaser may be 5 required to purchase more than two bottles or containers of the 6 product, provided that such product is available through the 7 State store system.] The board shall in its discretion determine 8 where and what classes, varieties and brands of liquor and 9 alcohol it shall make available to the public and where such 10 liquor and alcohol will be sold. EVERY PENNSYLVANIA LIQUOR STORE <-- 11 SHALL BE AUTHORIZED TO SELL COMBINATION PACKAGES. If a person 12 desires to purchase a class, variety or brand of liquor or 13 alcohol not currently available from the board, he or she may 14 place a special order for such item so long as the order is for 15 two or more bottles. The board may require a reasonable deposit 16 from the purchaser as a condition for accepting the order. The 17 customer shall be notified immediately upon the arrival of the 18 goods. 19 In computing the retail price of such special orders for 20 liquor or alcohol, the board shall not include the cost of 21 freight or shipping before applying the mark-up and taxes but 22 shall add the freight or shipping charges to the price after the 23 mark-up and taxes have been applied. 24 Unless the customer pays for and accepts delivery of any such 25 special order within ten days after notice of arrival, the store 26 may place it in stock for general sale and the customer's 27 deposit shall be forfeited. 28 * * * 29 (h) Every Pennsylvania Liquor Store shall sell gift 30 certificates which may be redeemed for liquor. In addition, the 20030S0532B0731 - 3 -
1 board may sell corkscrews, wine accessories, trade publications 2 and wine sleeves at Pennsylvania Liquor Stores. 3 SECTION 3. SECTIONS 406(E) AND 442(E)(3) OF THE ACT, ADDED <-- 4 DECEMBER 9, 2002 (P.L.1653, NO.212) AND DECEMBER 16, 2002 5 (P.L.1806, NO.221), ARE AMENDED TO READ: 6 SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--* * * 7 (E) THE HOLDER OF A HOTEL LICENSE OR THE HOLDER OF A 8 RESTAURANT LICENSE LOCATED IN A HOTEL MAY ALLOW PERSONS TO 9 TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED 10 PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE 11 PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES 12 REMAIN ON THE HOTEL PROPERTY. IN ADDITION, A HOLDER OF A 13 RESTAURANT OR CLUB LICENSE LOCATED ON A GOLF COURSE MAY SELL, 14 FURNISH OR GIVE LIQUOR OR MALT OR BREWED BEVERAGES ON THE 15 UNLICENSED PORTION OF THE GOLF COURSE SO LONG AS THE LIQUOR OR 16 MALT OR BREWED BEVERAGES REMAIN ON THE RESTAURANT, CLUB OR GOLF 17 COURSE. THE HOLDER OF A RESTAURANT LICENSE LOCATED IMMEDIATELY 18 ADJACENT TO AND UNDER THE SAME ROOF OF A BOWLING CENTER MAY 19 ALLOW PERSONS TO TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES 20 FROM THE LICENSED PORTION OF THE PREMISES TO THE UNLICENSED 21 PORTION OF THE PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED 22 BEVERAGES REMAIN WITHIN THE BOWLING CENTER. 23 SECTION 442. RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES 24 AND SALES.--* * * 25 (E) * * * 26 (3) IN ADDITION, A HOLDER OF A RESTAURANT OR CLUB LICENSE 27 LOCATED ON A GOLF COURSE MAY SELL, FURNISH OR GIVE LIQUOR OR 28 MALT OR BREWED BEVERAGES ON THE UNLICENSED PORTION OF THE GOLF 29 COURSE SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES REMAIN 30 ON THE RESTAURANT, CLUB OR GOLF COURSE. 20030S0532B0731 - 4 -
1 * * * 2 Section 3 4. Section 493(14) of the act, amended December 9, <-- 3 2002 (P.L.1653, No.212), is amended to read: 4 Section 493. Unlawful Acts Relative to Liquor, Malt and 5 Brewed Beverages and Licensees.--The term "licensee," when used 6 in this section, shall mean those persons licensed under the 7 provisions of Article IV, unless the context clearly indicates 8 otherwise. 9 It shall be unlawful-- 10 * * * 11 (14) Permitting Undesirable Persons or Minors to Frequent 12 Premises. For any hotel, restaurant or club liquor licensee, or 13 any retail dispenser, his servants, agents or employes, to 14 permit persons of ill repute[,] or prostitutes [or minors] to 15 frequent his licensed premises or any premises operated in 16 connection therewith.[, except minors accompanied by parents, 17 guardians, or under proper supervision or except minors who 18 frequent any restaurant or retail dispensing licensee whose 19 sales of food and non-alcoholic beverages are equal to fifty per 20 centum or more of the combined gross sales of both food and 21 alcoholic beverages on the condition that alcoholic beverages 22 may not be served at the table or booth at which the said minor 23 is seated at the time (unless said minor is under proper 24 supervision as hereinafter defined) and on the further condition 25 that only table service of alcoholic beverages or take-out 26 service of beer shall be permitted in the room wherein the minor 27 is located: Provided, however, That it shall not be unlawful for 28 any hotel, restaurant or club liquor licensee or any retail 29 dispenser to permit minors under proper supervision upon the 30 licensed premises or any premises operated in connection 20030S0532B0731 - 5 -
1 therewith for the purpose of a social gathering, even if such 2 gathering is exclusively for minors: And provided further, That 3 no liquor shall be sold, furnished or given to such minors nor 4 shall the licensee knowingly permit any liquor or malt or brewed 5 beverages to be sold, furnished or given to or be consumed by 6 any minor, and the area of such gathering shall be segregated 7 from the remainder of the licensed premises. In the event the 8 area of such gathering cannot be segregated from the remainder 9 of the licensed premises, all alcoholic beverages must be either 10 removed from the licensed premises or placed under lock and key 11 during the time the gathering is taking place. Written notice, 12 at least forty-eight (48) hours in advance of such gathering, 13 shall be given to the enforcement bureau. Any licensee violating 14 the provisions of this clause shall be subject to the provisions 15 of section 471. Nothing in this clause shall be construed to 16 make it unlawful for minors to frequent public venues or 17 performing arts facilities. 18 "Proper supervision," as used in this clause, means the 19 presence, on that portion of the licensed premises where a minor 20 or minors are present, of one person twenty-five years of age or 21 older for every five minors or part thereof who is directly 22 responsible for the care and conduct of such minor or minors 23 while on the licensed premises and in such proximity that the 24 minor or minors are constantly within his sight or hearing. The 25 presence of the licensee or any employe or security officer of 26 the licensee shall not constitute proper supervision.] Minors 27 may only frequent licensed premises if; (a) they are 28 accompanied by a parent; (b) they are accompanied by a legal 29 guardian; (c) they are under proper supervision; (d) they are 30 attending a social gathering; or (e) the hotel, restaurant or 20030S0532B0731 - 6 -
1 retail dispenser licensee has gross sales of food and 2 nonalcoholic beverages equal to fifty per centum or more of its 3 combined gross sale of both food and alcoholic beverages. If a 4 minor is frequenting a hotel, restaurant or retail dispenser 5 licensee under subsection (e), then the minor may not sit at the 6 bar section of the premises, nor may any alcoholic beverages be 7 served at the table or booth at which the said minor is seated, 8 unless said minor is with a parent, legal guardian or under 9 proper supervision. Further, if a hotel, restaurant, club liquor 10 licensee or retail dispenser is hosting a social gathering under 11 subsection (d) then written notice at least forty-eight hours in 12 advance of such gathering shall be given to the Bureau of 13 Enforcement. If a minor is frequenting licensed premises with 14 proper supervision under subsection (c), each supervisor can 15 supervise up to twenty minors, except for premises located in 16 cities of the first class, where each supervisor can supervise 17 up to five minors. Notwithstanding any other provisions of this 18 section, if the minors are on the premises as part of a school- 19 endorsed function, then each supervisor can supervise fifty 20 minors. Nothing in this clause shall be construed to make it 21 unlawful for minors to frequent public venues or performing arts 22 facilities. 23 Section 4 5. This act shall take effect immediately. <-- C21L47JLW/20030S0532B0731 - 7 -