| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 88, 532, 1542, 2049 | PRINTER'S NO. 2144 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY PAYNE, GEIST, KORTZ, MUSTIO, READSHAW, SONNEY, WAGNER, STEVENSON, FARRY AND SABATINA, JANUARY 21, 2011 |
| |
| |
| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 20, 2011 |
| |
| |
| |
| 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 issuance, transfer or | <-- |
18 | extension of hotel, restaurant and club liquor licenses, for |
19 | sales by liquor licensees and restrictions and, for sale of | <-- |
20 | malt or brewed beverages by liquor licensees, for malt and |
21 | brewed beverages manufacturers', distributors' and importing |
22 | distributors' licenses, for distributors' and importing |
23 | distributors' restrictions on sales, storage, etc., for |
24 | retail dispensers' restrictions on purchases and sales, for |
25 | malt or brewed beverages manufactured outside this |
26 | Commonwealth, for brand registration, for limiting number of |
27 | retail licenses to be issued in each county, for licenses not |
28 | assignable and transfers, for revocation and suspension of |
29 | licenses and fines and, for local option, for unlawful acts | <-- |
30 | relative to liquor, malt and brewed beverages and licensees |
31 | and for limited wineries. | <-- |
|
1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
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 June 25, 2010 (P.L.217, No.35), is amended and the |
7 | section is amended by adding definitions to read: |
8 | Section 102. Definitions.--The following words or phrases, |
9 | unless the context clearly indicates otherwise, shall have the |
10 | meanings ascribed to them in this section: |
11 | * * * |
12 | "Catered event" function" shall mean the furnishing of | <-- |
13 | prepared foods food prepared on the premises or brought onto the | <-- |
14 | premises already prepared in conjunction with alcoholic |
15 | beverages for the accommodation of a person or an identifiable | <-- |
16 | group of people who made arrangements for the event function at | <-- |
17 | least forty-eight hours in advance and is paid for and sponsored | <-- |
18 | by a third party. |
19 | * * * |
20 | "Eligible entity" shall mean a city of the third class, a |
21 | hospital, a church, a synagogue, a volunteer fire company, a |
22 | volunteer ambulance company, a volunteer rescue squad, a unit of |
23 | a nationally chartered club which has been issued a club liquor |
24 | license, a club in a city of the third class which has been |
25 | issued a club liquor license and which, as of December 31, 2002, |
26 | has been in existence for at least 100 years, a library, a |
27 | nationally accredited Pennsylvania nonprofit zoological |
28 | institution licensed by the United States Department of |
29 | Agriculture, a nonprofit agricultural association in existence |
30 | for at least ten years, a bona fide sportsmen's club in |
|
1 | existence for at least ten years, a nationally chartered |
2 | veterans' organization and any affiliated lodge or subdivision |
3 | of such organization, a fraternal benefit society that is |
4 | licensed to do business in this Commonwealth and any affiliated |
5 | lodge or subdivision of such fraternal benefit society, a museum |
6 | operated by a nonprofit corporation in a city of the third class |
7 | or township of the first class, a nonprofit corporation engaged |
8 | in the performing arts in a city of the third class, borough or |
9 | in an incorporated town, an arts council, a nonprofit |
10 | corporation that operates an arts facility or museum in a city |
11 | of the third class in the county of the fourth class, a |
12 | nonprofit organization as defined under section 501(c)(3) of the |
13 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
14 | 501(c)(3)) whose purpose is to protect the architectural |
15 | heritage of boroughs or a township of the second class and which |
16 | has been recognized as such by a municipal resolution, a |
17 | nonprofit organization as defined under section 501(c)(3) of the |
18 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
19 | 501(c)(3)) conducting a regatta in a city of the second class |
20 | with the permit to be used on State park grounds or conducting a |
21 | family-oriented celebration as part of Welcome America in a city |
22 | of the first class on property leased from that city for more |
23 | than fifty years, a nonprofit organization as defined under |
24 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
25 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
26 | research and treatment of cystic fibrosis, a nonprofit |
27 | organization as defined under section 501(c)(3) of the Internal |
28 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
29 | educate the public on issues dealing with watershed |
30 | conservation, a nonprofit organization as defined under section |
|
1 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
2 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
3 | equine assisted activities for children and adults with special |
4 | needs, a nonprofit economic development agency in a city of the |
5 | second class with the primary function to serve as an economic |
6 | generator for the greater southwestern Pennsylvania region by |
7 | attracting and supporting film, television and related media |
8 | industry projects and coordinating government and business |
9 | offices in support of a production, a county tourist promotion |
10 | agency as defined in section 3(1) of the act of April 28, 1961 |
11 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
12 | located in a city of the third class in a county of the fourth |
13 | class or located in a township of the second class in a county |
14 | of the fifth class, a junior league in a third class county that |
15 | is a nonprofit organization as defined under section 501(c)(3) |
16 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
17 | that is comprised of women whose purpose is exclusively |
18 | educational and charitable in promoting the volunteerism of |
19 | women and developing and participating in community projects and |
20 | that has been in existence for over seventy years, a nonprofit |
21 | organization as defined under section 501(c)(3) of the Internal |
22 | Revenue Code of 1986 which is located in counties of the second |
23 | class A or of the third class and whose purpose is the education |
24 | and promotion of American history, a nonprofit organization as |
25 | defined under section 501(c)(6) of the Internal Revenue Code of |
26 | 1986 [which is located in a city of the third class in a county | <-- |
27 | of the third class and] whose purpose is to support business and | <-- |
28 | industry, a brewery which has been issued a license to |
29 | manufacture malt or brewed beverages and has been in existence |
30 | for at least 100 years or a club recognized by Rotary |
|
1 | International which is located in a county of the fourth class |
2 | and whose purpose is to provide service to others, to promote |
3 | high ethical standards and to advance world understanding, |
4 | goodwill and peace through its fellowship of business, |
5 | professional and community leaders or a nonprofit organization |
6 | as defined under section 501(c)(3) of the Internal Revenue Code |
7 | of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is |
8 | located in a borough in a county of the third class and whose |
9 | purpose is to promote mushrooms while supporting local and |
10 | regional charities, a museum operated by a not-for-profit | <-- |
11 | corporation in a city of the second class A, a nonprofit |
12 | organization as defined under section 501(c)(3) of the Internal |
13 | Revenue Code of 1986 which is located in a city of the second |
14 | class A and has as its purpose economic and community |
15 | development, a nonprofit organization as defined under section |
16 | 501(c)(3) or (6) of the Internal Revenue Code of 1986 that is |
17 | located in a city of the third class in a county of the fifth |
18 | class, a nonprofit social service organization defined under |
19 | section 501(c)(3) of the Internal Revenue Code of 1986 located |
20 | in a county of the third class whose purpose is to serve |
21 | individuals and families in that county of the third class, a |
22 | nonprofit organization as defined under section 501(c)(3) of the |
23 | Internal Revenue Code of 1986 whose main purpose is to |
24 | temporarily foster stray and unwanted animals and match them to |
25 | suitable permanent homes, a nonprofit organization as defined |
26 | under section 501(c)(3) of the Internal Revenue Code of 1986 who |
27 | operates either a Main Street Program or Elm Street Program |
28 | recognized by the Commonwealth, the National Trust for Historic |
29 | Preservation or both. |
30 | * * * |
|
1 | "Happy hour" shall mean the period of time during which a |
2 | licensee discounts alcoholic beverages. |
3 | * * * |
4 | Section 2. Section 404 of the act, amended January 6, 2006 | <-- |
5 | (P.L.1, No.1), is amended to read: |
6 | Section 404. Issuance, Transfer or Extension of Hotel, |
7 | Restaurant and Club Liquor Licenses.--Upon receipt of the |
8 | application and the proper fees, and upon being satisfied of the |
9 | truth of the statements in the application that the applicant is |
10 | the only person in any manner pecuniarily interested in the |
11 | business so asked to be licensed and that no other person will |
12 | be in any manner pecuniarily interested therein during the |
13 | continuance of the license, except as hereinafter permitted, and |
14 | that the applicant is a person of good repute, that the premises |
15 | applied for meet all the requirements of this act and the |
16 | regulations of the board, that the applicant seeks a license for |
17 | a hotel, restaurant or club, as defined in this act, and that |
18 | the issuance of such license is not prohibited by any of the |
19 | provisions of this act, the board shall, in the case of a hotel |
20 | or restaurant, grant and issue to the applicant a liquor |
21 | license, and in the case of a club may, in its discretion, issue |
22 | or refuse a license: Provided, however, That in the case of any |
23 | new license or the transfer of any license to a new location or |
24 | the extension of an existing license to cover an additional area |
25 | the board may, in its discretion, grant or refuse such new |
26 | license, transfer or extension if such place proposed to be |
27 | licensed is within three hundred feet of any church, hospital, |
28 | charitable institution, school, or public playground, or if such |
29 | new license, transfer or extension is applied for a place which |
30 | is within two hundred feet of any other premises which is |
|
1 | licensed by the board: And provided further, That the board's |
2 | authority to refuse to grant a license because of its proximity |
3 | to a church, hospital, charitable institution, public playground |
4 | or other licensed premises shall not be applicable to license |
5 | applications submitted for public venues or performing arts |
6 | facilities: And provided further, That the board shall refuse |
7 | any application for a new license, the transfer of any license |
8 | to a new location or the extension of an existing license to |
9 | cover an additional area if, in the board's opinion, such new |
10 | license, transfer or extension would be detrimental to the |
11 | welfare, health, peace and morals of the inhabitants of the |
12 | neighborhood within a radius of five hundred feet of the place |
13 | proposed to be licensed: And provided further, That the board |
14 | shall have the discretion to refuse a license to any person or |
15 | to any corporation, partnership or association if such person, |
16 | or any officer or director of such corporation, or any member or |
17 | partner of such partnership or association shall have been |
18 | convicted or found guilty of a felony within a period of five |
19 | years immediately preceding the date of application for the said |
20 | license. The board shall refuse any application for a new |
21 | license, the transfer of any license to a new location or the |
22 | extension of any license to cover an additional area where the |
23 | sale of liquid fuels or oil is conducted. The board may enter |
24 | into an agreement with the applicant concerning additional |
25 | restrictions on the license in question. If the board and the |
26 | applicant enter into such an agreement, such agreement shall be |
27 | binding on the applicant. Failure by the applicant to adhere to |
28 | the agreement will be sufficient cause to form the basis for a |
29 | citation under section 471 and for the nonrenewal of the license |
30 | under section 470. If the board enters into an agreement with an |
|
1 | applicant concerning additional restrictions, those restrictions |
2 | shall be binding on subsequent holders of the license until the |
3 | license is transferred to a new location or until the board |
4 | enters into a subsequent agreement removing those restrictions. |
5 | If the application in question involves a location previously |
6 | licensed by the board, then any restrictions imposed by the |
7 | board on the previous license at that location shall be binding |
8 | on the applicant unless the board enters into a new agreement |
9 | rescinding those restrictions. The board may, in its discretion, |
10 | refuse an application for an economic development license under |
11 | section 461(b.1) or an application for an intermunicipal |
12 | transfer of a license if the board receives a protest from the |
13 | governing body of the receiving municipality. The receiving |
14 | municipality of an intermunicipal transfer or an economic |
15 | development license under section 461(b.1) may file a protest |
16 | against the transfer of a license into its municipality, and the |
17 | receiving municipality shall have standing in a hearing to |
18 | present testimony in support of or against the issuance or |
19 | transfer of a license. Upon any opening in any quota, an |
20 | application for a new license shall only be filed with the board |
21 | for a period of six months following said opening. |
22 | Notwithstanding another provision of law, the board may not |
23 | refuse to transfer or renew a license previously issued for |
24 | premises located in a township of the second class within a |
25 | county of the third class that is a dry municipality based on |
26 | the fact that the municipality is a dry municipality if the |
27 | premises for which the license is being transferred or renewed |
28 | have been continuously licensed by the board for a period of |
29 | fifty years or more. |
30 | Section 3 2. Section 406(a)(1) of the act, amended July 6, | <-- |
|
1 | 2005 (P.L.135, No.39), is amended and the section 406(a)(3) of | <-- |
2 | the act, amended November 29, 2006 (P.L.1421, No.155), is |
3 | amended and the section is amended by adding subsections to | <-- |
4 | read: |
5 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) |
6 | (1) Every hotel, restaurant or club liquor licensee may sell | <-- |
7 | liquor and malt or brewed beverages by the glass, open bottle or |
8 | other container, and in any mixture, for consumption only in |
9 | that part of the hotel or restaurant habitually used for the |
10 | serving of food to guests or patrons, or, in the case of a |
11 | restaurant, hotel or eating place licensee, at a catered event |
12 | off the licensed premises, or in a bowling alley that is |
13 | immediately adjacent to and under the same roof as a restaurant, |
14 | and in the case of hotels, to guests, and in the case of clubs, |
15 | to members, in their private rooms in the hotel or club. No club |
16 | licensee nor its officers, servants, agents or employes, other |
17 | than one holding a catering license, shall sell any liquor or |
18 | malt or brewed beverages to any person except a member of the |
19 | club. The holder of a restaurant license located in a hotel may |
20 | sell liquor or malt or brewed beverages for consumption in that |
21 | part of the restaurant habitually used for the serving of meals |
22 | to patrons and also to guests in private guest rooms in the |
23 | hotel. For the purpose of this paragraph, any person who is an |
24 | active member of another club which is chartered by the same |
25 | state or national organization shall have the same rights and |
26 | privileges as members of the particular club. For the purpose of |
27 | this paragraph, any person who is an active member of any |
28 | volunteer firefighting company, association or group of this |
29 | Commonwealth, whether incorporated or unincorporated, shall upon |
30 | the approval of any club composed of volunteer firemen licensed |
|
1 | under this act, have the same social rights and privileges as |
2 | members of such licensed club. For the purposes of this |
3 | paragraph, the term "active member" shall not include a social |
4 | member. Any club licensee which is either an incorporated unit |
5 | of a national veterans' organization or an affiliated |
6 | organization as defined in section 461.1 shall be permitted to |
7 | sell liquor or malt or brewed beverages to any active member of |
8 | another unit which is chartered by the same national veterans' |
9 | organization or to any member of a nationally chartered |
10 | auxiliary associated with the same national veterans' |
11 | organization.* * * | <-- |
12 | (3) Hotel and restaurant liquor licensees, [airport |
13 | restaurant liquor licensees,] municipal golf course restaurant |
14 | liquor licensees and privately-owned public golf course |
15 | restaurant licensees may sell liquor and malt or brewed |
16 | beverages on Sunday between the hours of eleven o'clock |
17 | antemeridian and two o'clock antemeridian Monday upon purchase |
18 | of a special permit from the board at an annual fee as |
19 | prescribed in section 614-A of the act of April 9, 1929 |
20 | (P.L.177, No.175), known as "The Administrative Code of 1929." |
21 | Airport restaurant liquor licensees may sell liquor and malt or |
22 | brewed beverages on Sunday between the hours of seven o'clock |
23 | antemeridian and two o'clock antemeridian Monday upon purchase |
24 | of a special permit from the board at an annual fee as |
25 | prescribed in section 614-A of the act of April 9, 1929 |
26 | (P.L.177, No.175), known as "The Administrative Code of 1929." |
27 | * * * |
28 | (f) The holder of a hotel license or a restaurant or | <-- |
29 | restaurant liquor license may obtain an off-premises catering |
30 | permit subject to section 493(33) to hold a catered event | <-- |
|
1 | function off the licensed premises and on otherwise unlicensed | <-- |
2 | premises where the licensee may sell wine, liquor and malt or |
3 | brewed beverages by the glass, open bottle or other container, |
4 | and in any mixture, for consumption on those premises solely | <-- |
5 | used for catering purposes so long as the liquor and malt or |
6 | brewed beverages were purchased in conjunction with a meal which |
7 | will be consumed on the catered premises. The holder of an |
8 | eating place license may obtain an off-premises catering permit |
9 | subject to section 493(33) to hold a catered event off the |
10 | licensed premises and on otherwise unlicensed premises where the |
11 | licensee may sell malt or brewed beverages by the glass, open |
12 | bottle or other container for consumption on those premises |
13 | solely used for catering purposes so long as the malt or brewed |
14 | beverages were purchased in conjunction with a meal which will |
15 | be consumed on the catered premises. There shall be no |
16 | limitation on the number of off-premises catered events a |
17 | licensee may hold at any given time. At no time may an off- |
18 | premises catering permittee agree to hold a catered event that |
19 | includes the sale of alcohol at a location within a dry |
20 | municipality. In addition, the off-premises catering permittee |
21 | shall give the local police department or the Pennsylvania State |
22 | Police, if there is no local police department, written notice |
23 | at least forty-eight hours prior to each off-premises catered |
24 | event. Written notice shall consist of notifying the police of |
25 | the date, time and place of the impending sale of alcoholic |
26 | beverages. Functions conducted under the authority of the permit | <-- |
27 | shall be subject to the following: |
28 | (1) alcohol may be provided only during the days and hours |
29 | that the license holder may otherwise sell alcohol; |
30 | (2) all servers at the off premises catered function shall |
|
1 | be in compliance with the responsible alcohol management |
2 | provisions under section 471.1; |
3 | (3) each permit shall be valid for one day and not more than | <-- |
4 | fifty permits may be issued each calendar year to each license |
5 | holder for use with a particular license; |
6 | (3) Each catered function shall last no longer than one day | <-- |
7 | and not more than fifty catered functions may be held each |
8 | calendar year by each license holder for use with a particular |
9 | license; |
10 | (4) a permit catered function shall not be issued to held at | <-- |
11 | a location that is already subject to the applicant's or another |
12 | licensee's license; |
13 | (5) a permit shall not be issued to an applicant whose |
14 | license is in safekeeping; |
15 | (6) a permit shall not be issued to a location that is |
16 | subject to a pending objection by the director of the Bureau of |
17 | Licensing or the board under section 470(a.1); |
18 | (7) a permit shall not be issued to a location that is |
19 | subject to a pending license suspension under section 471 or the |
20 | one-year prohibition on the issuance or transfer of a license |
21 | under section 471(b); |
22 | (8) no alcohol may be taken from the permitted location, but |
23 | the applicant may transport alcohol to and from its licensed |
24 | premises to the proposed premises; and |
25 | (9) written notice of the date, time and location of the |
26 | catered function shall be provided to the local police or if |
27 | there is no local police force to the enforcement bureau at |
28 | least 48 hours in advance of the event. |
29 | (g) Notwithstanding any other provision of law or |
30 | regulation, the holder of a retail license may have hold happy | <-- |
|
1 | hours up to four hours per day and up to fourteen hours per week |
2 | during which the holder discounts the price of alcoholic |
3 | beverages. The licensee may use up to four hours per day so long | <-- |
4 | as the hours do not exceed fourteen hours in any given week and |
5 | so long as no No discounts are may be given between the hours of | <-- |
6 | midnight and the legal closing time and so long as notice. | <-- |
7 | Notice of all happy hours is shall be visibly posted on the | <-- |
8 | licensed premises seven days prior to the happy hour. Except as | <-- |
9 | provided in this subsection, a licensee shall comply with the |
10 | provisions of 40 Pa. Code § 13-102 (relating to discount pricing |
11 | practices). |
12 | Section 3.1 3. Section 407(a) of the act, amended July 7, | <-- |
13 | 2006 (P.L.584, No.84), is amended to read: |
14 | Section 407. Sale of Malt or Brewed Beverages by Liquor |
15 | Licensees.--(a) Every liquor license issued to a hotel, |
16 | restaurant, club, or a railroad, pullman or steamship company |
17 | under this subdivision (A) for the sale of liquor shall |
18 | authorize the licensee to sell malt or brewed beverages at the |
19 | same places but subject to the same restrictions and penalties |
20 | as apply to sales of liquor, except that licensees other than |
21 | clubs may sell malt or brewed beverages for consumption off the |
22 | premises where sold in quantities of not more than one hundred |
23 | ninety-two fluid ounces in a single sale to one person. The |
24 | sales may be made in either open or closed containers, unless; | <-- |
25 | Provided, however, That a municipality has on may adopt an | <-- |
26 | ordinance restricting open container sales containers in public | <-- |
27 | places. No licensee under this subdivision (A) shall at the same |
28 | time be the holder of any other class of license, except a |
29 | retail dispenser's license authorizing the sale of malt or |
30 | brewed beverages only. |
|
1 | * * * |
2 | Section 4. Section 431(c) of the act, amended May 5, 1970 |
3 | (P.L.342, No.110), is amended to read: |
4 | Section 431. Malt and Brewed Beverages Manufacturers', |
5 | Distributors' and Importing Distributors' Licenses.--* * * |
6 | (c) The aforesaid licenses shall be issued only to reputable |
7 | individuals, partnerships and associations who are, or whose |
8 | members are, citizens of the United States and [have for two |
9 | years prior to the date of their applications been] are |
10 | residents of the Commonwealth of Pennsylvania or to reputable |
11 | corporations organized or duly registered under the laws of the |
12 | Commonwealth of Pennsylvania. Such licenses shall be issued to |
13 | corporations duly organized or registered under the laws of the |
14 | Commonwealth of Pennsylvania only when it appears that all of |
15 | the officers and directors of the corporation are citizens of |
16 | the United States and [have been] are residents of the |
17 | Commonwealth of Pennsylvania [for a period of at least two years |
18 | prior to the date of application], and that at least fifty-one |
19 | per centum of the capital stock of such corporation is actually |
20 | owned by individuals who are citizens of the United States and |
21 | [have been] are residents of the Commonwealth of Pennsylvania |
22 | [for a period of at least two years prior to the date of |
23 | application]: Provided, That the provisions of this subsection |
24 | with respect to residence requirements shall not apply to |
25 | individuals, partners, officers, directors and owners of capital |
26 | stock, of corporations licensed or applying for licenses as |
27 | manufacturers of malt or brewed beverages, nor shall the |
28 | provisions of this subsection with respect to stockholder |
29 | requirements apply to corporations licensed or applying for |
30 | licenses as manufacturers of malt or brewed beverages. |
|
1 | * * * |
2 | Section 5. Section 441(d) of the act is amended and the |
3 | section is amended by adding a subsection to read: |
4 | Section 441. Distributors' and Importing Distributors' |
5 | Restrictions on Sales, Storage, Etc.--* * * |
6 | (d) (1) No distributor [or importing distributor] shall |
7 | maintain any place for the storage of malt or brewed beverages |
8 | except in the same municipality in which the licensed premises |
9 | is located and unless the same has been approved by the board. |
10 | In the event there is no place of cold storage in the same |
11 | municipality, the board may approve a place of cold storage in |
12 | the nearest municipality. |
13 | (2) No importing distributor shall maintain any place for |
14 | the storage of malt or brewed beverages except in the franchise |
15 | territory in which the licensed premises is located and unless |
16 | the same has been approved by the board. The board shall issue |
17 | no more than one storage facility license to an importing |
18 | distributor. The storage location shall be designated solely as |
19 | a storage facility, from which only sales to other licensees are |
20 | permitted. Retail sales may be made at the licensed location |
21 | pursuant to subsection (c). If the importing distributor |
22 | maintains a storage location for cold storage in the same |
23 | municipality in which the importing distributor is licensed or a |
24 | nearby municipality, the importing distributor may continue to |
25 | maintain that cold storage location in addition to another |
26 | storage location within their franchise territory. |
27 | * * * |
28 | (h) As used in this section, the term "franchise territory" |
29 | shall mean the geographically contiguous area in which an |
30 | importing distributor has been given rights for the sale or |
|
1 | resale of malt or brewed beverages. |
2 | Section 5.1 6. Section 442(a)(1) of the act, amended | <-- |
3 | November 29, 2006 (P.L.1421, No.155), is amended and the section |
4 | is amended by adding a subsection to read: |
5 | Section 442. Retail Dispensers' Restrictions on Purchases |
6 | and Sales.--(a) (1) No retail dispenser shall purchase or |
7 | receive any malt or brewed beverages except in original |
8 | containers as prepared for the market by the manufacturer at the |
9 | place of manufacture. The retail dispenser may thereafter break |
10 | the bulk upon the licensed premises and sell or dispense the |
11 | same for consumption on or off the premises so licensed[: |
12 | Provided, however, That no]. No retail dispenser may sell malt |
13 | or brewed beverages for consumption off the premises in |
14 | quantities in excess of one hundred ninety-two fluid ounces[: |
15 | Provided, further, That no]. Sales may be made in open or closed |
16 | containers, unless; Provided, however, That a municipality has | <-- |
17 | may adopt an ordinance restricting open container sales | <-- |
18 | containers in public places. No club licensee may sell any malt | <-- |
19 | or brewed beverages for consumption off the premises where sold |
20 | or to persons not members of the club. |
21 | * * * |
22 | (f) The holder of an eating place retail dispenser license |
23 | may obtain an off-premises catering permit under section 493(33) |
24 | to hold a catered event function off of the licensed premises | <-- |
25 | and on otherwise unlicensed premises where the licensee may sell |
26 | malt or brewed beverages by the glass, open bottle or any other |
27 | container, for consumption on those premises solely used for |
28 | catering premises. Functions conducted under the authority of |
29 | the permit shall be subject to the following: |
30 | (1) malt or brewed beverages may only be provided during the |
|
1 | days and hours that the license holder may otherwise sell malt |
2 | or brewed beverages; |
3 | (2) each permit shall be valid for one day and not more than | <-- |
4 | fifty permits may be issued each calendar year to each license |
5 | holder for use with a particular license; |
6 | (2) Each catered function shall last no longer than one day | <-- |
7 | and not more than fifty catered functions may be held each |
8 | calendar year by each license holder for use with a particular |
9 | license; |
10 | (3) a permit catered function shall not be issued to held at | <-- |
11 | a location that is already subject to the applicant's or another |
12 | licensee's license; |
13 | (4) a permit shall not be issued to an applicant whose |
14 | license is in safekeeping; |
15 | (5) a permit shall not be issued to a location that is |
16 | subject to a pending objection by the director of the Bureau of |
17 | Licensing or the board under section 470(a.1); |
18 | (6) a permit shall not be issued to a location that is |
19 | subject to a pending license suspension under section 471 or the |
20 | one-year prohibition on the issuance or transfer of a license |
21 | under section 471(b); |
22 | (7) no malt or brewed beverages may be taken from the |
23 | permitted location, but the applicant may transport malt or |
24 | brewed beverages to and from its licensed premises to the |
25 | proposed premises; and |
26 | (8) written notice of the date, time and location of the |
27 | catered function shall be provided to the local police, or if |
28 | there is no local police force to the enforcement bureau, at |
29 | least forty-eight hours in advance of the event. |
30 | Section 6 7. Sections 444(c) and 445 of the act are amended | <-- |
|
1 | to read: |
2 | Section 444. Malt or Brewed Beverages Manufactured Outside |
3 | This Commonwealth.--* * * |
4 | (c) Any malt or brewed beverages manufactured outside of |
5 | Pennsylvania which are sold, transported or possessed in |
6 | Pennsylvania contrary to any such regulations or orders of the |
7 | board, or without the payment of the fees herein required, shall |
8 | be considered contraband and shall be confiscated by the board |
9 | and disposed of in the same manner as any other illegal liquor |
10 | or malt or brewed beverages, provided that, if the potential |
11 | violation is of section 445 or any associated regulation, such |
12 | malt or brewed beverages shall be left on the licensed premises |
13 | where found under orders not to sell such contraband until such |
14 | time as the malt or brewed beverage manufacturer comes into |
15 | compliance with Pennsylvania's regulations or until the licensee |
16 | holding the contraband can return it to the manufacturer and be |
17 | fully reimbursed. |
18 | * * * |
19 | Section 445. Brand Registration.--(a) No brand or brands of |
20 | malt or brewed beverages shall be offered, sold or delivered to |
21 | any trade buyer within this Commonwealth unless the manufacturer |
22 | thereof shall first submit an application in the form and manner |
23 | prescribed by the board for the registration of the said brand |
24 | or brands of malt beverages, together [with an annual filing fee |
25 | not to exceed twenty-five dollars ($25) for each brand |
26 | registration requested.] with an annual filing fee not to exceed |
27 | seventy-five dollars ($75) for each brand registration |
28 | requested. Any brand produced in quantities of one hundred | <-- |
29 | brewer's barrels annually or less may be registered together |
30 | with other brands produced by the same manufacturer in such |
|
1 | quantities with an annual filing fee not to exceed one hundred |
2 | and fifty dollars ($150) in total for up to twenty individual |
3 | brands. requested as set forth in section 614-A(35) of the act | <-- |
4 | of April 9, 1929 (P.L.177, No.175), known as "The Administrative |
5 | Code of 1929." Notwithstanding section 614-A(35) of that act, up |
6 | to twenty brands may be registered for a single annual fee of |
7 | one hundred fifty dollars ($150.00), so long as one hundred |
8 | barrels or less of each brand is produced on an annual basis. |
9 | Any brand or brands of malt or brewed beverages that are |
10 | produced by a manufacturer but not offered for sale because of |
11 | additional aging of the beverages shall only be registered at |
12 | the time the brand or brands are offered for sale. In the event |
13 | an out-of-State or foreign manufacturer of malt or brewed |
14 | beverages has granted franchise rights to any person for the |
15 | sale and distribution of its brand products but which person is |
16 | not licensed to sell and distribute the same in this |
17 | Commonwealth, said such person shall nevertheless be required to |
18 | register the involved brand before offering the same for sale in |
19 | Pennsylvania. It is further conditioned that the person holding |
20 | such franchise rights shall, together with its application for |
21 | brand registration, file with the board copies of all agreements |
22 | between it and the Pennsylvania importing distributor appointed |
23 | by such person to sell and distribute the brands of malt or |
24 | brewed beverages as provided by sections 431 and 492. Such |
25 | agreement shall contain the manufacturer's consent and approval |
26 | to the appointment of the Pennsylvania importing distributor and |
27 | the rights conferred thereunder. |
28 | (b) The board shall employ a malt beverage compliance |
29 | officer whose duties shall include reviewing label registration |
30 | to ensure compliance with this act and investigating reports of |
|
1 | unregistered brands of malt or brewed beverages being sold by |
2 | licensees in addition to any other duties the board shall assign |
3 | the officer. If the malt beverage compliance officer finds that |
4 | a licensee is selling malt or brewed beverages that are |
5 | unregistered in this Commonwealth, he shall give the |
6 | manufacturer of the malt or brewed beverages written notice that |
7 | the manufacturer has ten days to register the malt or brewed |
8 | beverages with the board. During that ten-day period in which |
9 | the manufacturer has to come into compliance with brand |
10 | registration, the unregistered malt or brewed beverages shall |
11 | remain on the licensee's premises but may not be sold. Should |
12 | the manufacturer fail to register the malt or brewed beverages |
13 | with the board within ten days, the manufacturer shall be |
14 | required to remove the unregistered malt or brewed beverages |
15 | from the licensee's premises and reimburse the licensee for all |
16 | unregistered products that cannot be sold in this Commonwealth. |
17 | Section 7 8. Section 461(d) of the act, amended December 21, | <-- |
18 | 1998 (P.L.1202, No.155), is amended to read: |
19 | Section 461. Limiting Number of Retail Licenses To Be Issued |
20 | In Each County.--* * * |
21 | (d) "Airport restaurant," as used in this section, shall |
22 | mean restaurant facilities at any airport for public |
23 | accommodation, which are owned or operated directly or through |
24 | lessees by the Commonwealth of Pennsylvania, by any municipal |
25 | authority, county or city, either severally or jointly, with any |
26 | other municipal authority, county or city, but shall not include |
27 | any such restaurant facilities at any airport situated in a |
28 | municipality where by vote of the electors the retail sale of |
29 | liquor and malt or brewed beverages is not permitted. An airport |
30 | restaurant is not subject to the seating requirements nor to the |
|
1 | square footage requirements of the definition of restaurant in |
2 | section 102. An airport restaurant may have unlimited extensions |
3 | of service areas providing all extended service areas are inside |
4 | the airport terminal building or buildings, notwithstanding any |
5 | intervening thoroughfares. In addition to the privileges granted |
6 | under sections 406 and 407 relative to malt or brewed beverages, |
7 | airport restaurant liquor licensees may also sell wine by the |
8 | glass, open bottle or other container for consumption off the |
9 | licensed premises and within the airport terminal building. |
10 | Notwithstanding any provision to the contrary, an airport |
11 | restaurant licensee that has acquired a Sunday sales permit may |
12 | commence sales at seven o'clock antemeridian. |
13 | * * * |
14 | Section 8 9. Section 468(a)(1) of the act, amended November | <-- |
15 | 29, 2006 (P.L.1421, No.155), is amended to read: |
16 | Section 468. Licenses Not Assignable; Transfers.--(a) (1) |
17 | Licenses issued under this article may not be assigned. The |
18 | board, upon payment of the transfer filing fee, is hereby |
19 | authorized to transfer any license issued by it under the |
20 | provisions of this article from one person to another or from |
21 | one place to another, or both. [If] Except for restaurant liquor |
22 | and eating place retail dispenser licenses transferred under |
23 | section 461(b.4), if the license is a retail license, [then] the |
24 | new location must be within the same county as the existing |
25 | location [except for restaurant liquor and eating place retail |
26 | dispenser licenses transferred under section 461(b.4)] or, if |
27 | the municipality is located in more than one county, within the |
28 | same municipality as the existing location. |
29 | * * * |
30 | Section 9 10. Section 471 of the act is amended by adding a | <-- |
|
1 | subsection to read: |
2 | Section 471. Revocation and Suspension of Licenses; Fines.-- |
3 | * * * |
4 | (f) Upon becoming aware of a potential violation of section |
5 | 445 or any associated regulation, the enforcement bureau shall |
6 | give written notice to each licensee who might be in violation |
7 | of this section or its corresponding regulation. If the |
8 | potential violation has been cured within ten days of receipt of |
9 | the written notice, the enforcement bureau shall take no further |
10 | action against the licensee. If the potential violation has not |
11 | been cured within ten days of receipt of the notice, the |
12 | enforcement bureau shall proceed in accordance with subsection |
13 | (a). |
14 | Section 11. Section 472(d) of the act, added December 20, | <-- |
15 | 2000 (P.L.992, No.141), is amended to read: |
16 | Section 472. Local Option.--* * * |
17 | (d) Nothing in this section shall prohibit the board from |
18 | approving [the]: |
19 | (1) The transfer of a retail license from a municipality |
20 | which has voted to prohibit the issuance of such a license to a |
21 | location in another municipality in the same county that allows |
22 | the issuance of that type of license. |
23 | (2) The renewal or transfer of a restaurant liquor license |
24 | in a municipality which has voted to prohibit the issuance of |
25 | such a license if: |
26 | (i) the license is located in a township of the second class |
27 | within a county of the third class; |
28 | (ii) the license was originally issued prior to 1950; and |
29 | (iii) the premises have been licensed for at least fifty |
30 | years. |
|
1 | * * * |
2 | Section 4 10 12. Section 493(10) of the act, amended | <-- |
3 | December 20, 2000 (P.L.992, No.141), is amended and the section |
4 | is amended by adding a paragraph 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 | * * * |
12 | (10) Entertainment on Licensed Premises (Except Clubs); |
13 | Permits; Fees. For any licensee, his servants, agents or |
14 | employes, except club licensees, public venue licensees or |
15 | performing arts facility licensees, to permit in any licensed |
16 | premises or in any place operated in connection therewith, |
17 | dancing, theatricals or floor shows of any sort, or moving |
18 | pictures other than television, or such as are exhibited through |
19 | machines operated by patrons by the deposit of coins, which |
20 | project pictures on a screen not exceeding in size twenty-four |
21 | by thirty inches and which forms part of the machine, unless the |
22 | licensee shall first have obtained from the board a special |
23 | permit to provide such entertainment, or for any licensee, under |
24 | any circumstances, to permit in any licensed premises or in any |
25 | place operated in connection therewith any lewd, immoral or |
26 | improper entertainment, regardless of whether a permit to |
27 | provide entertainment has been obtained or not. The special |
28 | permit may be used only during the hours when the sale of liquor |
29 | or malt or brewed beverages is permitted, unless the licensee |
30 | holds an extended hours food license under section 499(b) which |
|
1 | license would allow the special permit to be used while the |
2 | establishment is open, and between eleven o'clock antemeridian |
3 | on Sunday and two o'clock antemeridian on the following Monday, |
4 | regardless of whether the licensee possesses a Sunday sales |
5 | permit. The board shall have power to provide for the issue of |
6 | such special permits, and to collect an annual fee for such |
7 | permits as prescribed in section 614-A of the act of April 9, |
8 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
9 | 1929." All such fees shall be paid into the State Stores Fund. |
10 | No such permit shall be issued in any municipality which, by |
11 | ordinance, prohibits amusements in licensed places. Any |
12 | violation of this clause shall, in addition to the penalty |
13 | herein provided, subject the licensee to suspension or |
14 | revocation of his permit and his license. |
15 | * * * |
16 | (33) Off-premises Catering Permit; Fees. For any licensee, |
17 | his servants, agents or employes to cater an event that includes | <-- |
18 | the sale and service of alcoholic beverages at a location other |
19 | than the licensed premises, unless the licensee shall first have |
20 | obtained from the board a special permit to provide such |
21 | catering services sell alcohol at a location other than its | <-- |
22 | licensed premises, unless the sale is specifically authorized |
23 | under this act, or unless the licensee receives a special permit |
24 | from the board to do so. Only those licensees currently holding | <-- |
25 | a current and valid restaurant, hotel or eating place license | <-- |
26 | that has been certified under the board's responsible alcohol | <-- |
27 | management program as required by section 471.1 shall be allowed |
28 | to apply for such a permit. All servers at the off-premises | <-- |
29 | catered event function shall be certified under the board's | <-- |
30 | responsible alcohol management program as required under section |
|
1 | 471.1. The board shall have the power to provide for the issue | <-- |
2 | of such issue the special permits to qualified licensees and to | <-- |
3 | collect an annual fee for such permits that shall not exceed |
4 | five hundred dollars ($500) per year may charge a fee of five | <-- |
5 | hundred dollars ($500) each calendar year, to each applicant for |
6 | the initial permit associated with a particular license, but no |
7 | further fee shall be charged for any subsequent permits issued |
8 | to the applicant for the license during the same calendar year. |
9 | All such The fees shall be paid into the State Stores Fund. Any | <-- |
10 | violation of this act shall subject the licensee to suspension | <-- |
11 | or revocation of his permit and preclude him from applying for a |
12 | future off-premises catering permit. or the board's regulations | <-- |
13 | for governing activity occurring under the authority of this |
14 | permit may be the basis for the issuance of a citation under |
15 | section 471, the nonrenewal of the license under section 470 or |
16 | the refusal by the board to issue subsequent permits or honor |
17 | subsequent dates on the existing permit. This penalty shall be |
18 | in addition to any other remedies available to the enforcement |
19 | bureau or the board. |
20 | Section 11 13. Section 505.2(a)(6.1) and (6.3) of the act, | <-- |
21 | amended December 8, 2004 (P.L.1810, No.239), are amended and the |
22 | section is amended by adding a clause to read: |
23 | Section 505.2. Limited Wineries.--(a) In the interest of |
24 | promoting tourism and recreational development in Pennsylvania, |
25 | holders of a limited winery license may: |
26 | * * * |
27 | (4.1) At the discretion of the board, obtain a farmers |
28 | market permit. The permit shall entitle the holder to |
29 | participate in more than one farmers market at any given time |
30 | and an unlimited number throughout the year and sell alcoholic |
|
1 | cider or wine produced under the authority of the underlying |
2 | limited winery license by the bottle or in case lots. Samples |
3 | not to exceed one fluid once per brand of wine may be offered |
4 | free of charge. A farmers market permit shall be issued upon |
5 | proper application and payment of an annual fee of two hundred |
6 | fifty dollars ($250). A permit holder may participate in more |
7 | than one farmers market at any given time. Sales by permit |
8 | holders shall take place during the standard hours of operation |
9 | of the farmers market. Written notice of the date, times and |
10 | location the permit is to be used shall be provided by the |
11 | permit holder to the enforcement bureau at least two (2) weeks |
12 | prior to the event. Except as provided in this subsection, |
13 | limited wineries utilizing farmers market permits shall be |
14 | governed by all applicable provisions of this act as well as by |
15 | all applicable regulations adopted by the board. |
16 | * * * |
17 | (6.1) Sell food for consumption on or off the licensed |
18 | premises and at the limited winery's additional board-approved |
19 | locations and sell by the glass, at the licensed premises and at |
20 | the limited winery's additional board-approved locations, only |
21 | wine and alcoholic ciders that may otherwise be sold by the |
22 | bottle. |
23 | * * * |
24 | (6.3) Sell alcoholic cider, wine and wine coolers only |
25 | between the hours of nine o'clock antemeridian and [nine |
26 | o'oclock] eleven o'clock postmeridian. [During the period from |
27 | Thanksgiving Day through New Year's Day, limited winery sales |
28 | locations may remain open to conform with the closing times of |
29 | neighboring mall or shopping district businesses but no later |
30 | than ten o'clock postmeridian.] A limited winery also may |
|
1 | request approval from the board to extend sales hours in |
2 | individual locations at other times during the year or beyond |
3 | the limits set forth in this clause. The request shall be made |
4 | in writing to the board's Office of the Chief Counsel and shall |
5 | detail the exact locations where sales hours are proposed to be |
6 | extended, the proposed hours and dates of extended operation and |
7 | the reason for the proposed extended hours. |
8 | * * * |
9 | Section 12 14. All acts and parts of acts are repealed | <-- |
10 | insofar as they are inconsistent with section 445 of the act. |
11 | Section 5 13 15. This act shall take effect in 60 days. as | <-- |
12 | follows: |
13 | (1) The amendment of sections 441, 445 and 471 of the |
14 | act shall take effect in 60 days. |
15 | (2) The amendment or addition of sections 406 and |
16 | 505.2(a)(4.1) of the act shall take effect in 30 days. |
17 | (3) The remainder of this act shall take effect |
18 | immediately. |
|