| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 194, 1540, 2749 | PRINTER'S NO. 2815 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, BARRAR, COHEN, D. COSTA, GROVE, HENNESSEY, KORTZ, MANN, MUSTIO, PAYTON, PYLE, REICHLEY, STURLA, TOEPEL, VULAKOVICH, HARHAI, MILLER, SONNEY AND KILLION, JANUARY 26, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, DECEMBER 5, 2011 |
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| AN ACT |
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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 distilleries further providing for | <-- |
18 | definitions, for authority to issue liquor licenses to |
19 | hotels, restaurants and clubs, for sales by liquor licensees |
20 | and restrictions, for prohibited interlocking business, for |
21 | public venue license, for malt and brewed beverages retail |
22 | licenses, for prohibitions against the grant of licenses, for |
23 | sales by manufacturers of malt or brewed beverages and |
24 | minimum quantities, for distributors' and importing |
25 | distributors' restrictions on sales, storage, for retail |
26 | dispensers' restrictions on purchases and sales, for brand |
27 | registration, for breweries, for licenses not assignable and |
28 | transfers, for renewal of licenses and temporary provisions |
29 | for licensees in armed service, for responsible alcohol |
30 | management, for unlawful acts relative to liquor, alcohol and |
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1 | liquor licensees, for unlawful acts relative to malt or |
2 | brewed beverages and licensees, for hours of operation |
3 | relative to manufacturers, importing distributors and |
4 | distributors, for unlawful acts relative to liquor, malt and |
5 | brewed beverages and licensees, for rights of municipalities | <-- |
6 | preserved, for reporting of worthless checks, for limited |
7 | wineries and for distilleries. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 505.4 of the act of April 12, 1951 | <-- |
11 | (P.L.90, No.21), known as the Liquor Code, reenacted and amended |
12 | June 29, 1987 (P.L.32, No.14) and added December 8, 2004 |
13 | (P.L.1810, No.239), is amended to read: |
14 | Section 1. The definitions of "eligible entity" and "public | <-- |
15 | venue" in section 102 of the act of April 12, 1951 (P.L.90, |
16 | No.21), known as the Liquor Code, reenacted and amended June 29, |
17 | 1987 (P.L.32, No.14), amended June 25, 2010 (P.L.217, No.35) and |
18 | June 28, 2011 (P.L.55, No.11), are amended and the section is |
19 | amended by adding a definition to read: |
20 | Section 102. Definitions.--The following words or phrases, |
21 | unless the context clearly indicates otherwise, shall have the |
22 | meanings ascribed to them in this section: |
23 | * * * |
24 | "Eligible entity" shall mean a city of the third class, a |
25 | hospital, a church, a synagogue, a volunteer fire company, a |
26 | volunteer ambulance company, a volunteer rescue squad, a unit of |
27 | a nationally chartered club which has been issued a club liquor |
28 | license, a club in a city of the third class which has been |
29 | issued a club liquor license and which, as of December 31, 2002, |
30 | has been in existence for at least 100 years, a library, a |
31 | nationally accredited Pennsylvania nonprofit zoological |
32 | institution licensed by the United States Department of |
33 | Agriculture, a nonprofit agricultural association in existence |
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1 | for at least ten years, a bona fide sportsmen's club in |
2 | existence for at least ten years, a nationally chartered |
3 | veterans' organization and any affiliated lodge or subdivision |
4 | of such organization, a fraternal benefit society that is |
5 | licensed to do business in this Commonwealth and any affiliated |
6 | lodge or subdivision of such fraternal benefit society, a museum |
7 | operated by a nonprofit corporation in a city of the third class |
8 | or township of the first class, a nonprofit corporation engaged |
9 | in the performing arts in a city of the third class, borough or |
10 | in an incorporated town, an arts council, a nonprofit |
11 | corporation that operates an arts facility or museum in a city |
12 | of the third class in the county of the fourth class, a |
13 | nonprofit organization as defined under section 501(c)(3) of the |
14 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
15 | 501(c)(3)) whose purpose is to protect the architectural |
16 | heritage of boroughs or a township of the second class and which |
17 | has been recognized as such by a municipal resolution, a |
18 | nonprofit organization as defined under section 501(c)(3) of the |
19 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
20 | 501(c)(3)) conducting a regatta in a city of the second class |
21 | with the permit to be used on State park grounds or conducting a |
22 | family-oriented celebration as part of Welcome America in a city |
23 | of the first class on property leased from that city for more |
24 | than fifty years, a nonprofit organization as defined under |
25 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
26 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
27 | research and treatment of cystic fibrosis, a nonprofit |
28 | organization as defined under section 501(c)(3) of the Internal |
29 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
30 | educate the public on issues dealing with watershed |
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1 | conservation, a nonprofit organization as defined under section |
2 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
3 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
4 | equine assisted activities for children and adults with special |
5 | needs, a nonprofit economic development agency in a city of the |
6 | second class with the primary function to serve as an economic |
7 | generator for the greater southwestern Pennsylvania region by |
8 | attracting and supporting film, television and related media |
9 | industry projects and coordinating government and business |
10 | offices in support of a production, a county tourist promotion |
11 | agency as defined in section 3(1) of the act of April 28, 1961 |
12 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
13 | located in a city of the third class in a county of the fourth |
14 | class or located in a township of the second class in a county |
15 | of the fifth class, a junior league in a third class county that |
16 | is a nonprofit organization as defined under section 501(c)(3) |
17 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
18 | that is comprised of women whose purpose is exclusively |
19 | educational and charitable in promoting the volunteerism of |
20 | women and developing and participating in community projects and |
21 | that has been in existence for over seventy years, a nonprofit |
22 | organization as defined under section 501(c)(3) of the Internal |
23 | Revenue Code of 1986 which is located in counties of the second |
24 | class A or of the third class and whose purpose is the education |
25 | and promotion of American history, a nonprofit organization as |
26 | defined under section 501(c)(6) of the Internal Revenue Code of |
27 | 1986 whose purpose is to support business and industry, a |
28 | brewery which has been issued a license to manufacture malt or |
29 | brewed beverages and has been in existence for at least 100 |
30 | years or a club recognized by Rotary International which is |
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1 | located in a county of the fourth class and whose purpose is to |
2 | provide service to others, to promote high ethical standards and |
3 | to advance world understanding, goodwill and peace through its |
4 | fellowship of business, professional and community leaders or a |
5 | nonprofit organization as defined under section 501(c)(3) of the |
6 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
7 | 501(c)(3)) which is located in a borough in a county of the |
8 | third class and whose purpose is to promote mushrooms while |
9 | supporting local and regional charities, a museum operated by a |
10 | not-for-profit corporation in a city of the second class A, a |
11 | nonprofit organization as defined under section 501(c)(3) of the |
12 | Internal Revenue Code of 1986 which is located in a city of the |
13 | second class A and has as its purpose economic and community |
14 | development, a nonprofit organization as defined under section |
15 | 501(c)(3) or (6) of the Internal Revenue Code of 1986 that is |
16 | located in a city of the third class in a county of the fifth |
17 | class, a nonprofit social service organization defined under |
18 | section 501(c)(3) of the Internal Revenue Code of 1986 located |
19 | in a county of the third class whose purpose is to serve |
20 | individuals and families in that county of the third class, a |
21 | nonprofit organization as defined under section 501(c)(3) of the |
22 | Internal Revenue Code of 1986 whose main purpose is to |
23 | temporarily foster stray and unwanted animals and match them to |
24 | suitable permanent homes or a nonprofit organization as defined |
25 | under section 501(c)(3) of the Internal Revenue Code of 1986 who |
26 | operates either a Main Street Program or Elm Street Program |
27 | recognized by the Commonwealth, the National Trust for Historic |
28 | Preservation or both or a noncommercial, educational public | <-- |
29 | radio or television station that is eligible for qualification |
30 | under the Corporation for Public Broadcasting,, a nonprofit | <-- |
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1 | radio station that is a member of the National Public Radio |
2 | network, a nonprofit public television station that is a member |
3 | of the Pennsylvania Public Television Network or a nonprofit |
4 | organization as defined under section 501(c)(3) of the Internal |
5 | Revenue Code of 1986 whose purpose is to promote awareness, |
6 | education and research and to provide a support system for |
7 | patients with neutropenia and their families through a national |
8 | resource network. |
9 | * * * |
10 | "Public venue" shall mean a stadium, arena, convention |
11 | center, museum, zoo, amphitheater or similar structure. If the |
12 | public venue is a cruise terminal owned or leased by a port |
13 | authority created under the act of June 12, 1931 (P.L.575, |
14 | No.200), entitled "An act providing for joint action by |
15 | Pennsylvania and New Jersey in the development of the ports on |
16 | the lower Delaware River, and the improvement of the facilities |
17 | for transportation across the river; authorizing the Governor, |
18 | for these purposes, to enter into an agreement with New Jersey; |
19 | creating The Delaware River Joint Commission and specifying the |
20 | powers and duties thereof, including the power to finance |
21 | projects by the issuance of revenue bonds; transferring to the |
22 | new commission all the powers of the Delaware River Bridge Joint |
23 | Commission; and making an appropriation," it shall have no |
24 | permanent seating requirement. If the public venue is an open- |
25 | air amphitheater owned by a port authority created under the act |
26 | of December 6, 1972 (P.L.1392, No.298), known as the "Third |
27 | Class City Port Authority Act," it shall have no permanent |
28 | seating requirement. If the public venue is owned by a political |
29 | subdivision, a municipal authority, the Commonwealth, an |
30 | authority created under the act of July 29, 1953 (P.L.1034, |
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1 | No.270), known as the "Public Auditorium Authorities Law," an |
2 | authority created under Article XXV-A of the act of July 28, |
3 | 1953 (P.L.723, No.230), known as the "Second Class County Code," |
4 | an art museum established under the authority of the act of |
5 | April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer |
6 | on certain associations of the citizens of this commonwealth the |
7 | powers and immunities of corporations, or bodies politic in |
8 | law," or an authority created under Article XXIII (n) or (o) of |
9 | the act of August 9, 1955 (P.L.323, No.130), known as "The |
10 | County Code," it shall have permanent seating for at least one |
11 | thousand (1,000) people; otherwise, it shall have permanent |
12 | seating for at least two thousand (2,000) people. The term shall |
13 | also mean any regional history center, multipurpose cultural and |
14 | science facility, museum or convention or trade show center, |
15 | regardless of owner and seating capacity, that has a floor area |
16 | of at least sixty thousand (60,000) square feet in one building. |
17 | The term shall also mean a convention or conference center owned |
18 | by a city of the third class or a university which is a member |
19 | of the Pennsylvania State System of Higher Education which is |
20 | operated by a university foundation or alumni association, |
21 | regardless of seating capacity, that has a floor area of at |
22 | least fifteen thousand (15,000) square feet in one building. The |
23 | term shall also mean a visitor center, regardless of floor area |
24 | or seating capacity, that was established under the authority of |
25 | the Gateway Visitor Center Authorization Act of 1999 (Public Law |
26 | 106-131, 113 Stat. 1678, 16 U.S.C. § 407m). |
27 | * * * |
28 | "Zoo" shall mean an accredited member of the Association of |
29 | Zoos and Aquariums and for purposes of section 412 shall have no |
30 | square footage or permanent seating requirements. |
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1 | Section 2. Section 401(a) of the act, amended July 6, 2005 |
2 | (P.L.135, No.39), is amended to read: |
3 | Section 401. Authority to Issue Liquor Licenses to Hotels, |
4 | Restaurants and Clubs.--(a) Subject to the provisions of this |
5 | act and regulations promulgated under this act, the board shall |
6 | have authority to issue a retail liquor license for any premises |
7 | kept or operated by a hotel, restaurant or club and specified in |
8 | the license entitling the hotel, restaurant or club to purchase |
9 | liquor from a Pennsylvania Liquor Store and to keep on the |
10 | premises such liquor and, subject to the provisions of this act |
11 | and the regulations made thereunder, to sell the same and also |
12 | malt or brewed beverages to guests, patrons or members for |
13 | consumption on the hotel, restaurant or club premises. Such |
14 | licensees, other than clubs, shall be permitted to sell malt or |
15 | brewed beverages for consumption off the premises where sold in |
16 | quantities of not more than one hundred ninety-two fluid ounces |
17 | in a single sale to one person as provided for in section 407. |
18 | Such licenses shall be known as hotel liquor licenses, |
19 | restaurant liquor licenses and club liquor licenses, |
20 | respectively. [No person who holds, either by appointment or |
21 | election, any public office which involves the duty to enforce |
22 | any of the penal laws of the United States of America or the |
23 | penal laws of the Commonwealth of Pennsylvania or any penal |
24 | ordinance or resolution of any political subdivision of this |
25 | Commonwealth shall be issued any hotel or restaurant liquor |
26 | license, nor shall such a person have any interest, directly or |
27 | indirectly, in any such license] No person who holds any public |
28 | office that involves the duty to enforce any of the penal laws |
29 | of the United States, this Commonwealth or of any political |
30 | subdivision of this Commonwealth may have any interest in a |
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1 | hotel or restaurant liquor license. This prohibition applies to |
2 | anyone with arrest authority, including, but not limited to, |
3 | United States attorneys, State attorneys general, district |
4 | attorneys, sheriffs and police officers. This prohibition shall |
5 | also apply to magisterial district justices, judges or any other |
6 | individuals who can impose a criminal sentence. This prohibition |
7 | does not apply to members of the General Assembly, township |
8 | supervisors, city councilpersons, mayors without arrest |
9 | authority, county commissioners and any other public official | <-- |
10 | who does not have the ability to arrest or the ability to impose |
11 | a criminal sentence. This section does not apply if the proposed |
12 | premises are located outside the jurisdiction of the individual |
13 | in question. |
14 | * * * |
15 | Section 3. Section 406(a)(3), (e) and (g) of the act, |
16 | amended or added December 30, 2003 (P.L.423, No.59) and June 28, |
17 | 2011 (P.L.55, No.11), are amended to read: |
18 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) |
19 | * * * |
20 | (3) Hotel and restaurant liquor licensees, municipal golf |
21 | course restaurant liquor licensees and privately-owned public |
22 | golf course restaurant licensees may sell liquor and malt or |
23 | brewed beverages on Sunday between the hours of eleven o'clock |
24 | antemeridian and two o'clock antemeridian Monday upon purchase |
25 | of a special permit from the board at an annual fee as |
26 | prescribed in section 614-A of the act of April 9, 1929 |
27 | (P.L.177, No.175), known as "The Administrative Code of [1929."] | <-- |
28 | 1929," except a licensee that offers a meal on Sundays prior to |
29 | eleven o'clock antemeridian may then begin serving alcohol on |
30 | Sundays at nine o'clock antemeridian. Notwithstanding this | <-- |
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1 | provision, a licensee holding such a permit may begin selling |
2 | liquor and malt or brewed beverages on Sunday between the hours |
3 | of nine o'clock antemeridian and eleven o'clock antemeridian |
4 | provided that the licensee offers a meal beginning at nine |
5 | o'clock antemeridian. Airport restaurant liquor licensees may |
6 | sell liquor and malt or brewed beverages on Sunday between the |
7 | hours of seven o'clock antemeridian and two o'clock antemeridian |
8 | Monday upon purchase of a special permit from the board at an |
9 | annual fee as prescribed in section 614-A of the act of April 9, |
10 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
11 | 1929." |
12 | * * * |
13 | (e) (1) The holder of a hotel license or the holder of a |
14 | restaurant license located in a hotel may allow persons to |
15 | transport liquor or malt or brewed beverages from the licensed |
16 | portion of the premises to the unlicensed portion of the |
17 | premises, so long as the liquor or malt or brewed beverages |
18 | remain on the hotel property. In addition, a holder of a |
19 | restaurant or club license located on a golf course may sell, |
20 | furnish or give liquor or malt or brewed beverages on the |
21 | unlicensed portion of the golf course so long as the liquor or |
22 | malt or brewed beverages remain on the restaurant, club or golf |
23 | course. The holder of a restaurant license located immediately |
24 | adjacent to and under the same roof of a bowling center may |
25 | allow persons to transport liquor or malt or brewed beverages |
26 | from the licensed portion of the premises to the unlicensed |
27 | portion of the premises, so long as the liquor or malt or brewed |
28 | beverages remain within the bowling center. In addition, the |
29 | holder of a hotel license or a restaurant license may allow |
30 | persons who have purchased but only partially consumed a bottle |
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1 | of wine on the premises to remove the bottle from the premises |
2 | so long as the bottle was purchased in conjunction with a meal |
3 | which was consumed on the premises and so long as the bottle is |
4 | resealed. For purposes of this subsection, "wine" shall have the |
5 | meaning given to it under section 488(i). For purposes of this |
6 | [subsection] section and section 432, "meal" shall mean food | <-- |
7 | prepared on the premises, sufficient to constitute breakfast, |
8 | lunch or dinner; it shall not mean a snack, such as pretzels, |
9 | popcorn, chips or similar food. |
10 | (2) A holder of a restaurant or club license located on a |
11 | golf course may store liquor or malt or brewed beverages in a |
12 | permanent facility on the unlicensed portion of the golf course |
13 | so long as the liquor or malt or brewed beverages remain on the |
14 | restaurant, club or golf course without regard to whether there |
15 | is any intervening public thoroughfare. |
16 | * * * |
17 | (g) Notwithstanding any other provision of law or |
18 | regulation, the holder of a retail license may hold happy hours |
19 | up to four consecutive or nonconsecutive hours per day and up to | <-- |
20 | fourteen hours per week during which the holder discounts the |
21 | price of alcoholic beverages. No discounts may be given between |
22 | the hours of midnight and the legal closing time. Notice of all |
23 | happy hours shall be visibly posted on the licensed premises |
24 | seven days prior to the happy hour. Except as provided in this |
25 | subsection, a licensee shall comply with the provisions of 40 |
26 | Pa. Code § 13.102 (relating to discount pricing practices). |
27 | Events conducted under the authority of 40 Pa. Code § 13.102(b) |
28 | shall not be counted against the four-hour per day or fourteen- |
29 | hour per week limit. |
30 | Section 4. Section 411(e) of the act, amended June 25, 2010 |
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1 | (P.L.217, No.35), is amended to read: |
2 | Section 411. Interlocking Business Prohibited.--* * * |
3 | (e) Except as herein provided, no hotel, restaurant, retail |
4 | dispenser or club licensee, and no officer, director or |
5 | stockholder, agent or employe of any such licensee shall in any |
6 | wise be interested, directly or indirectly, in the ownership or |
7 | leasehold of any property or the equipment of any property or |
8 | any mortgage lien against the same, used by a distributor, |
9 | importing distributor, or by an importer or sacramental wine |
10 | licensee, in the conduct of his business; nor shall any hotel, |
11 | restaurant, retail dispenser or club licensee, or any officer, |
12 | director, stockholder, agent or employe of any such licensee, |
13 | either directly or indirectly, lend any moneys, credit, or give |
14 | anything of value or the equivalent thereof, to any distributor, |
15 | importing distributor, importer or sacramental wine licensee, |
16 | for equipping, fitting out, or maintaining and conducting, |
17 | either in whole or in part, an establishment used in the conduct |
18 | of his business. |
19 | The purpose of this section is to require a separation of the |
20 | financial and business interests between manufacturers and |
21 | holders of hotel or restaurant liquor licenses and, as herein |
22 | provided, of club licenses, issued under this article, and no |
23 | person shall, by any device whatsoever, directly or indirectly, |
24 | evade the provisions of the section. But in view of existing |
25 | economic conditions, nothing contained in this section shall be |
26 | construed to prohibit the ownership of property or conflicting |
27 | interest by a manufacturer of any place occupied by a licensee |
28 | under this article after the manufacturer has continuously owned |
29 | and had a conflicting interest in such place for a period of at |
30 | least five years prior to July eighteenth, one thousand nine |
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1 | hundred thirty-five: Provided, however, That this clause shall |
2 | not prohibit any hotel, restaurant or club liquor licensee from |
3 | owning land which is leased to, and the buildings thereon owned |
4 | by, a holder of a retail dispenser's license; and nothing in |
5 | this clause shall prevent the issuance of a retail dispenser's |
6 | license to a lessee of such lands who owns the buildings |
7 | thereon: And, provided further, That nothing contained in this |
8 | section shall be construed to prohibit any hotel, restaurant, |
9 | retail dispenser or club licensee or any officer, director or |
10 | stockholder, agent or employe of any such licensee from having a |
11 | financial or other interest, directly or indirectly in the |
12 | ownership or leasehold of any property or the equipment of any |
13 | property or any mortgage lien against same, used, leased by an |
14 | importer or sacramental wine licensee for the exclusive purpose |
15 | of maintaining commercial offices and on the condition that said |
16 | property is not used for the storage or sale of liquor or malt |
17 | or brewed beverages in any quantity: And, provided further, That |
18 | nothing contained in this section shall prohibit an officer or |
19 | member of a licensed privately owned private golf course |
20 | catering club from having an interest in a limited winery |
21 | license: And, provided further, That nothing contained in this |
22 | section shall be construed to prohibit a member of the governing |
23 | board of a public authority created under subdivision (n) of |
24 | Article XXIII of the act of August 9, 1955 (P.L.323, No.130), |
25 | known as "The County Code," from having an interest in a |
26 | distributor or importing distributor license notwithstanding the |
27 | fact that the public authority has an interest in one or more |
28 | retail licenses or acts as a landlord for one or more retail |
29 | licenses: And, provided further, That, nothing in this section |
30 | may prohibit an employe of a hotel or restaurant licensee from |
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1 | having an interest in any property used by a limited winery |
2 | licensee or in guaranteeing any loans, or lending any moneys, |
3 | providing credit or giving anything of value to a limited winery |
4 | licensee or its officers, directors and shareholders, provided |
5 | that the person also is not a licensed director an officer of or | <-- |
6 | does not have any interest in or exercise any control over any |
7 | other licensed entity that engages in any sales to or from the |
8 | licensee: And, provided further, That, notwithstanding any other |
9 | provision of this section, an entity may acquire both a |
10 | manufacturer's license or a limited winery license and a hotel, |
11 | restaurant or retail dispenser license for use at the same |
12 | location and more than one location may be so licensed. The |
13 | licenses and a person's interest in the licenses or in the |
14 | entity holding the licenses shall not be subject to this |
15 | section. Provided further, That, a person who is a holder of |
16 | five per centum (5%) or less of securities or other interests in |
17 | a publicly or privately held domestic or foreign corporation, |
18 | partnership, limited liability company or other form of legal |
19 | entity owning a restaurant liquor license or retail dispenser's |
20 | license shall not be deemed to possess a financial or business | <-- |
21 | interest and is not subject to the provisions of this section, |
22 | provided that the person is not a licensed director an officer | <-- |
23 | of, employe of or does not have any interest in or exercise any |
24 | control over any other licensed entity that engages in any sales |
25 | to or from the restaurant liquor or retail dispenser licensee |
26 | in which the person holds the five per centum (5%) or less |
27 | interest. For purposes of this subsection, the existence of the | <-- |
28 | interest and the size of the interest shall be determined |
29 | pursuant to the provisions of this act. |
30 | Section 5. Section 412(b) 412(f)(2) of the act, amended | <-- |
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1 | February 21, 2002 (P.L.103, No.10), is amended to read: |
2 | Section 412. Public Venue License.--* * * | <-- |
3 | (b) An application for a restaurant liquor license under |
4 | this section may be made by the owner of the public venue, the |
5 | operator of the public venue or by a concessionaire designated |
6 | by the governing body of either the owner of the public venue or |
7 | the operator. The application and issuance of the license is |
8 | subject to sections 403 and 404 unless otherwise stated, except |
9 | that private banquets and other events at zoos may be held at |
10 | any site within zoo property. The licensing period shall be as |
11 | set forth by the board under section 402. The application, |
12 | renewal and filing fees shall be as prescribed in section 614- |
13 | A(25) of the act of April 9, 1929 (P.L.177, No.175), known as |
14 | "The Administrative Code of 1929." |
15 | * * * |
16 | Section 412. Public Venue License.--* * * | <-- |
17 | (f) Licenses issued under this section are to be considered |
18 | restaurant liquor licenses. However, the following additional |
19 | restrictions and privileges apply: |
20 | * * * |
21 | (2) Sales of alcoholic beverages before, during and after |
22 | all professional and amateur athletic events on the premises |
23 | shall be limited to sales of malt or brewed beverages in |
24 | shatterproof containers. Sales of alcoholic beverages before, |
25 | during and after performing arts events or other entertainment |
26 | events may consist of liquor or malt or brewed beverages in |
27 | shatterproof containers. Sales during trade shows, conventions, |
28 | banquets or at other events, or sales made in the club seats or |
29 | at a restaurant facility, may consist of liquor or malt or |
30 | brewed beverages in any type of container; however, any liquor |
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1 | or malt or brewed beverages sold in the club seats or restaurant |
2 | facility must remain in the club seating level or restaurant |
3 | facility. For purposes of this section, a club seat is any |
4 | seating located on the designated club seating level and |
5 | partitioned from general seating by a wall, divider, partial |
6 | wall or railing. The club seating level must not be accessible |
7 | by the general public. Sales at zoos during private banquets and |
8 | other events may be at any site within zoo property and may |
9 | consist of any type of alcohol in any type of container. The |
10 | board's records shall clearly delineate where the sale of liquor |
11 | or malt or brewed beverages in any type of container may occur. |
12 | * * * |
13 | Section 6. Section 432(f) of the act, amended November 29, |
14 | 2006 (P.L.1421, No.155), is amended to read: |
15 | Section 432. Malt and Brewed Beverages Retail Licenses.--* * |
16 | * |
17 | (f) Hotel, eating places, or municipal golf course retail |
18 | dispenser licensees that offer a meal on Sundays prior to eleven | <-- |
19 | o'clock antemeridian may sell malt or brewed beverages between |
20 | the hours of [eleven] nine o'clock antemeridian on Sunday and | <-- |
21 | two o'clock antemeridian on Monday upon purchase of a special |
22 | permit from the board at an annual fee as prescribed in section |
23 | 614-A of the act of April 9, 1929 (P.L.177, No.175), known as |
24 | "The Administrative Code of 1929," which shall be in addition to |
25 | any other license fees. Notwithstanding this provision, a | <-- |
26 | licensee holding such a special permit may begin selling malt or |
27 | brewed beverages on Sunday between the hours of nine o'clock |
28 | antemeridian and eleven o'clock antemeridian provided that the |
29 | licensee offers a meal, as that term is defined in section 406, |
30 | beginning at nine o'clock antemeridian. |
|
1 | Section 7. Section 437(d) of the act, is amended to read: |
2 | Section 437. Prohibitions Against the Grant of Licenses.--* |
3 | * * |
4 | (d) [No person who holds, either by appointment or election, |
5 | any public office which involves the duty to enforce any of the |
6 | penal laws of the United States of America or any of the penal |
7 | laws of this Commonwealth or any penal ordinance or resolution |
8 | of any political subdivision of this Commonwealth shall be |
9 | issued any manufacturer's, importing distributor's, |
10 | distributor's or retail dispenser's license, nor shall such a |
11 | person have any interest, directly or indirectly, in any such |
12 | license] No person who holds any public office that involves the |
13 | duty to enforce any of the penal laws of the United States, this |
14 | Commonwealth or of any political subdivision of this |
15 | Commonwealth may have any interest in a manufacturer's, |
16 | importing distributor's, distributor's or retail dispenser's |
17 | license. This prohibition applies to anyone with arrest |
18 | authority, including, but not limited to, United States |
19 | attorneys, State attorneys general, district attorneys, sheriffs |
20 | and police officers. This prohibition shall also apply to |
21 | magisterial district justices, judges or any other individuals |
22 | who can impose a criminal sentence. This prohibition does not |
23 | apply to members of the General Assembly, township supervisors, |
24 | city councilpersons, mayors without arrest authority, county | <-- |
25 | commissioners and any other public official who does not have |
26 | the ability to arrest or the ability to impose a criminal |
27 | sentence. This section does not apply if the proposed premises |
28 | are located outside the jurisdiction of the individual in |
29 | question. |
30 | * * * |
|
1 | Section 8. Section 440 of the act, amended July 17, 2003 |
2 | (P.L.63, No.15), is amended to read: |
3 | Section 440. Sales by Manufacturers of Malt or Brewed |
4 | Beverages; Minimum Quantities.--[No manufacturer shall sell any |
5 | malt or brewed beverages for consumption on the premises where |
6 | sold, nor sell or deliver any such malt or brewed beverages in |
7 | other than original containers approved as to capacity by the |
8 | board, nor in quantities of less than a case or original |
9 | containers containing sixty-four ounces or more which may be |
10 | sold separately; nor shall any manufacturer] A manufacturer may |
11 | sell malt or brewed beverages produced and owned by the |
12 | manufacturer to individuals on the licensed premises for |
13 | consumption on the licensed premises where sold only if it |
14 | complies with the conditions and regulations placed upon holders |
15 | of brewery licenses under section 446(1). A manufacturer also |
16 | may sell any malt or brewed beverages produced and owned by the |
17 | manufacturer to individuals on the licensed premises for |
18 | consumption off the licensed premises in containers or packages |
19 | of unlimited quantity and of any volume. No manufacturer may |
20 | maintain or operate within the Commonwealth any place or places |
21 | other than the place or places covered by his or its license |
22 | where malt or brewed beverages are sold or where orders are |
23 | taken. |
24 | Section 9. Sections 441 and 442 of the act are amended by |
25 | adding subsections to read: |
26 | Section 441. Distributors' and Importing Distributors' |
27 | Restrictions on Sales, Storage, Etc.--* * * |
28 | (i) Notwithstanding any other provision to the contrary, |
29 | when making a sale of malt or brewed beverages to a private |
30 | individual, no distributor or importing distributor may be |
|
1 | required to collect the name, address or any other identifying |
2 | information of the private individual for the purpose of keeping |
3 | a record of the quantity of cases or volume of malt or brewed |
4 | beverages purchased. |
5 | Section 442. Retail Dispensers' Restrictions on Purchases |
6 | and Sales.--* * * |
7 | (g) Notwithstanding any other provision of law or |
8 | regulation, the holder of a retail dispenser license may hold |
9 | happy hours up to four consecutive or nonconsecutive hours per | <-- |
10 | day and up to fourteen hours per week during which the holder |
11 | discounts the price of alcoholic beverages. No discounts may be |
12 | given between the hours of midnight and the legal closing time. |
13 | Notice of all happy hours shall be visibly posted on the |
14 | licensed premises seven days prior to the happy hour. Except as | <-- |
15 | provided in this subsection, a licensee shall comply with the |
16 | provisions of 40 Pa. Code § 13.102 (relating to discount pricing |
17 | practices). Events conducted under the authority of 40 Pa. Code |
18 | § 13.102(b) (relating to discount pricing practices) shall not | <-- |
19 | be counted against the four-hours per day or fourteen-hours per |
20 | week. |
21 | Section 10. Section 443(g) of the act, amended June 25, 2010 |
22 | (P.L.217, No.35), is amended to read: |
23 | Section 443. Interlocking Business Prohibited.--* * * |
24 | (g) The purpose of this section is to require a separation |
25 | of the financial and business interests between the various |
26 | classes of business regulated by subdivision (B) of this |
27 | article, and no person or corporation shall, by any device |
28 | whatsoever, directly or indirectly, evade the provisions of this |
29 | section. But in view of existing economic conditions, nothing |
30 | contained in this section shall be construed to prohibit the |
|
1 | ownership of property or conflicting interest by a malt or |
2 | brewed beverage manufacturer of any place occupied by a |
3 | distributor, importing distributor or retail dispenser after the |
4 | manufacturer has continuously owned and had a conflicting |
5 | interest in such place for a period of at least five years prior |
6 | to the eighteenth day of July, one thousand nine hundred thirty- |
7 | five: Provided, however, That a holder of a manufacturer's |
8 | license under section 431(a) who is eligible to operate a |
9 | brewery pub under section 446(2) or a limited winery as provided |
10 | for under section 505.2 may also hold and operate under a hotel |
11 | liquor license, a restaurant liquor license or a malt and brewed |
12 | beverages retail license on the manufacturer's or limited |
13 | winery's licensed premises. The hotel liquor license or |
14 | restaurant liquor license or the malt and brewed beverages |
15 | retail license shall be acquired by the manufacturer or limited |
16 | winery subject to section 461 and shall satisfy all requirements |
17 | for each respective license: And, provided further, That nothing |
18 | contained in this section shall be construed to prohibit a |
19 | member of the governing board of a public authority created |
20 | under subdivision (n) of Article XXIII of the act of August 9, |
21 | 1955 (P.L.323, No.130), known as "The County Code," from having |
22 | an interest in a distributor or importing distributor license |
23 | notwithstanding the fact that the public authority has an |
24 | interest in one or more retail licenses or acts as a landlord |
25 | for one or more retail licenses. |
26 | A person who is a holder of five per centum (5%) or less of |
27 | securities or other interests in a publicly or privately held |
28 | domestic or foreign corporation, partnership, limited liability |
29 | company or other form of legal entity owning a restaurant liquor |
30 | license or retail dispenser's license shall not be deemed to |
|
1 | possess a financial or business interest and is not subject to | <-- |
2 | the provisions of this section, provided that the person is not |
3 | a licensed director an officer of, employe of or does not have | <-- |
4 | any interest in or exercise any control over any other licensed |
5 | entity that engages in any sales to or from the restaurant |
6 | liquor or retail dispenser licensee in which the person holds |
7 | the five per centum (5%) or less interest. For purposes of this | <-- |
8 | subsection, the existence of the interest and the size of the |
9 | interest shall be determined pursuant to the provisions of this |
10 | act. |
11 | The term "manufacturer" as used in this section shall include |
12 | manufacturers of malt or brewed beverages as defined in this act |
13 | and any person manufacturing any malt or brewed beverages |
14 | outside of this Commonwealth. |
15 | Section 11. Section 445(b) of the act, amended June 28, 2011 |
16 | (P.L.55, No.11), is amended to read: |
17 | Section 445. Brand Registration.--* * * |
18 | (b) The board shall employ a malt beverage compliance |
19 | officer whose duties shall include reviewing label registration |
20 | to ensure compliance with this act and investigating reports of |
21 | unregistered brands of malt or brewed beverages being sold by |
22 | licensees and investigation of worthless checks in addition to | <-- |
23 | [in addition to] reports of worthless checks and any other | <-- |
24 | duties the board shall assign the officer. If the malt beverage |
25 | compliance officer finds that a licensee is selling malt or |
26 | brewed beverages that are unregistered in this Commonwealth, he |
27 | shall give the manufacturer of the malt or brewed beverages |
28 | written notice that the manufacturer has ten days to register |
29 | the malt or brewed beverages with the board. During that ten-day |
30 | period in which the manufacturer has to come into compliance |
|
1 | with brand registration, the unregistered malt or brewed |
2 | beverages shall remain on the licensee's premises but may not be |
3 | sold. Should the manufacturer fail to register the malt or |
4 | brewed beverages with the board within ten days, the |
5 | manufacturer shall be required to remove the unregistered malt |
6 | or brewed beverages from the licensee's premises and reimburse |
7 | the licensee for all unregistered products that cannot be sold |
8 | in this Commonwealth. If a malt beverage compliance officer |
9 | receives notification that a licensee issued a worthless check, |
10 | he the officer shall give the licensee written notice that the | <-- |
11 | licensee has ten days from the date the notice was mailed to | <-- |
12 | honor that check. Should the licensee fail to honor the check |
13 | within ten days from the date the notice was mailed, the matter | <-- |
14 | will shall be turned over to the enforcement bureau for | <-- |
15 | citation. |
16 | Section 12. Section 446 of the act, amended June 30, 1992 |
17 | (P.L.327, No.66), May 31, 1996 (P.L.312, No.49) and January 6, |
18 | 2006 (P.L.1, No.1), is amended to read: |
19 | Section 446. Breweries.--(a) Holders of a brewery license |
20 | may: |
21 | (1) Sell malt or brewed beverages produced and owned by the |
22 | brewery [on the licensed premises] under such conditions and |
23 | regulations as the board may enforce, to individuals for |
24 | consumption on the licensed premises in any container or package |
25 | of any volume and to hotel, restaurant, club and public service |
26 | liquor licensees. |
27 | (2) Operate a restaurant or brewery pub on the licensed |
28 | premises under such conditions and regulations as the board may |
29 | enforce: Provided, however, That sales on Sunday may be made |
30 | irrespective of the volume of food sales if the licensed |
|
1 | premises are at a public venue location. The holder of a brewery |
2 | license may sell at its brewery pub premises Pennsylvania wines |
3 | it has purchased from either the holder of a Pennsylvania |
4 | limited winery license or from the board: Provided, however, |
5 | That said wines must be consumed at the licensed brewery pub |
6 | premises. |
7 | (3) Use brewery storage and distribution facilities for the |
8 | purpose of receiving, storing and distributing malt or brewed |
9 | beverages manufactured outside this Commonwealth if the |
10 | beverages are distributed in this Commonwealth only through |
11 | specific importing distributors who shall have first been given |
12 | distributing rights for such products in designated geographical |
13 | areas through the distribution system required for out-of-State |
14 | manufacturers under section 431(b) as well as all other |
15 | pertinent sections of this act. The manufacturer of the |
16 | beverages must comply with section 444. |
17 | (4) Apply for and hold a hotel liquor license, a restaurant |
18 | liquor license or a malt and brewed beverages retail license to |
19 | sell for consumption at the restaurant or brewery pub on the |
20 | licensed brewery premises, liquor, wine and malt or brewed |
21 | beverages regardless of the place of manufacture, under the same |
22 | conditions and regulations as any other hotel liquor license, |
23 | restaurant liquor license or malt and brewed beverages retail |
24 | license, but must brew at least two hundred fifty barrels per |
25 | year. Each holder of a brewery license who receives a hotel |
26 | liquor license, a restaurant liquor license or a malt or brewed |
27 | beverages retail license to operate a brew pub shall not sell |
28 | directly to any person licensed by this act, except if any malt |
29 | or brewed beverage is to be distributed in this Commonwealth it |
30 | shall be only through specific importing distributors who shall |
|
1 | have first been given distributing rights for such products in |
2 | designated geographical areas through the distribution system |
3 | required for out-of-State manufacturers under section 431(b) as |
4 | well as all other pertinent sections of this act. |
5 | (b) The holder of a brew pub license may obtain an off- |
6 | premises catering permit subject to section 493(33) to hold a |
7 | catered function off the licensed premises and on otherwise |
8 | unlicensed premises where the licensee may sell wine, liquor | <-- |
9 | produced by a licensed limited winery and malt or brewed | <-- |
10 | beverages produced by the brewery by the glass, open bottle or | <-- |
11 | other container, and in any mixture, for consumption on those |
12 | premises. Functions conducted under the authority of the permit |
13 | shall be subject to the following: |
14 | (1) alcohol may be provided only during the days and hours |
15 | that the license holder may otherwise sell alcohol; |
16 | (2) all servers at the off premises catered function shall |
17 | be in compliance with the responsible alcohol management |
18 | provisions under section 471.1; |
19 | (3) each catered function shall last no longer than one day |
20 | and not more than fifty catered functions may be held each |
21 | calendar year by each license holder for use with a particular |
22 | license; |
23 | (4) a catered function shall not be held at a location that |
24 | is already subject to the applicant's or another licensee's |
25 | license; |
26 | (5) a permit shall not be issued to an applicant whose |
27 | license is in safekeeping; |
28 | (6) a permit shall not be issued to a location that is |
29 | subject to a pending objection by the director of the Bureau of |
30 | Licensing or the board under section 470(a.1); |
|
1 | (7) a permit shall not be issued to a location that is |
2 | subject to a pending license suspension under section 471 or the |
3 | one-year prohibition on the issuance or transfer of a license |
4 | under section 471(b); |
5 | (8) no alcohol may be taken from the permitted location, but |
6 | the applicant may transport alcohol to and from its licensed |
7 | premises to the proposed premises; and |
8 | (9) written notice of the date, time and location of the |
9 | catered function shall be provided to the local police or if |
10 | there is no local police force to the enforcement bureau at |
11 | least forty-eight hours in advance of the event. |
12 | Section 13. Section 468 of the act is amended by adding a |
13 | subsection to read: |
14 | Section 468. Licenses Not Assignable; Transfers.--* * * |
15 | (e) Board-approved interior connections between licensed and | <-- |
16 | unlicensed premises shall not be greater than ten feet wide. |
17 | (e) Notwithstanding any other provision of law, the board | <-- |
18 | may not approve an interior connection that is greater than ten |
19 | feet wide between a licensed business and another business. This |
20 | subsection shall not prohibit the board from approving a renewal |
21 | application of a license, even if the licensed business has an |
22 | interior connection that is greater than ten feet wide to an |
23 | unlicensed business, if the board had approved the interior |
24 | connection prior to the effective date of this subsection. |
25 | Section 14. Section 470(a) of the act, amended December 9, |
26 | 2002 (P.L.1653, No.212), is amended to read: |
27 | Section 470. Renewal of Licenses; Temporary Provisions for |
28 | Licensees in Armed Service.--(a) All applications for renewal |
29 | of licenses under the provisions of this article shall be filed |
30 | with tax clearance from the Department of Revenue and the |
|
1 | Department of Labor and Industry and requisite license and |
2 | filing fees at least sixty days before the expiration date of |
3 | same: Provided, however, That the board, in its discretion, may |
4 | accept nunc pro tunc a renewal application filed less than sixty |
5 | days before the expiration date of the license with the required |
6 | fees, upon reasonable cause shown and the payment of an |
7 | additional filing fee of one hundred dollars ($100.00) for late |
8 | filing: And provided further, That except where the failure to |
9 | file a renewal application on or before the expiration date has |
10 | created a license quota vacancy after said expiration date which |
11 | has been filled by the issuance of a new license, after such |
12 | expiration date, but before the board has received a renewal |
13 | application nunc pro tunc within the time prescribed herein the |
14 | board, in its discretion, may, after hearing, accept a renewal |
15 | application filed within two years after the expiration date of |
16 | the license with the required fees upon the payment of an |
17 | additional filing fee of two hundred fifty dollars ($250.00) for |
18 | late filing. Where any such renewal application is filed less |
19 | than sixty days before the expiration date, or subsequent to the |
20 | expiration date, no license shall issue upon the filing of the |
21 | renewal application until the matter is finally determined by |
22 | the board and if an appeal is taken from the board's action the |
23 | courts shall not order the issuance of the renewal license until |
24 | final determination of the matter by the courts. The board may |
25 | enter into an agreement with the applicant concerning additional |
26 | restrictions on the license in question. If the board and the |
27 | applicant enter into such an agreement, such agreement shall be |
28 | binding on the applicant. Failure by the applicant to adhere to |
29 | the agreement will be sufficient cause to form the basis for a |
30 | citation under section 471 and for the nonrenewal of the license |
|
1 | under this section. A renewal application will not be considered |
2 | filed unless accompanied by the requisite filing and license |
3 | fees and any additional filing fee required by this section. |
4 | Unless the board shall have given ten days' previous notice to |
5 | the applicant of objections to the renewal of his license, based |
6 | upon violation by the licensee or his servants, agents or |
7 | employes of any of the laws of the Commonwealth or regulations |
8 | of the board relating to the manufacture, transportation, use, |
9 | storage, importation, possession or sale of liquors, alcohol or |
10 | malt or brewed beverages, or the conduct of a licensed |
11 | establishment, or unless the applicant has by his own act become |
12 | a person of ill repute, or unless the premises do not meet the |
13 | requirements of this act or the regulations of the board, the |
14 | license of a licensee shall be renewed. Notwithstanding any |
15 | other provision of this act, a noise violation shall not be the |
16 | sole basis for objection by the board to the renewal of a |
17 | license unless the licensee has received six prior adjudicated |
18 | noise citations within a twenty-four-month period. |
19 | * * * |
20 | Section 15. Section 471.1 of the act is amended by adding a |
21 | subsection to read: |
22 | Section 471.1. Responsible Alcohol Management.--* * * |
23 | (g) Unless successfully completed prior to appointment, a |
24 | manager appointed by any restaurant, eating place retail |
25 | dispenser, hotel, club, limited distillery licensee or |
26 | distributor licensee shall be required to complete the |
27 | manager/owner training under subsection (c) within one hundred |
28 | eighty days of approval of appointment by the board. |
29 | Section 16. Sections 491(12) and 492(9) and (12) of the act |
30 | are amended to read: |
|
1 | Section 491. Unlawful Acts Relative to Liquor, Alcohol and |
2 | Liquor Licensees.-- |
3 | It shall be unlawful-- |
4 | * * * |
5 | (12) Delivery of Liquor by Certain Licensees. For a liquor |
6 | licensee permitted to deliver liquor, to make any deliveries |
7 | except in his own vehicles bearing his name, address and license |
8 | number on each side in [letters not smaller than [four] two | <-- |
9 | inches in height] a size identifiable by Liquor Control | <-- |
10 | Enforcement, or in the vehicle of another person duly authorized |
11 | to transport liquor within this Commonwealth. |
12 | * * * |
13 | Section 492. Unlawful Acts Relative to Malt or Brewed |
14 | Beverages and Licensees.-- |
15 | It shall be unlawful-- |
16 | * * * |
17 | (9) Transportation of Malt or Brewed Beverages by Licensee. |
18 | For a malt or brewed beverage licensee, to deliver or transport |
19 | any malt or brewed beverages, excepting in vehicles bearing the |
20 | name and address and license number of such licensee painted or |
21 | affixed on each side of such vehicle in [letters no smaller than | <-- |
22 | [four] two inches in height] a size identifiable by Liquor | <-- |
23 | Control Enforcement. |
24 | * * * |
25 | (12) Distributors and Importing Distributors Engaging in |
26 | Other Business. For any distributor or importing distributor, or |
27 | his servants, agents or employes, without the approval of the |
28 | board, and then only in accordance with board regulations, to |
29 | engage in any other business whatsoever, except the business of |
30 | distributing malt or brewed beverages[.], except that the sale |
|
1 | of the following goods shall be permitted on the licensed |
2 | premises of a distributor or importing distributor: |
3 | (i) Any book, magazine or other publication related to malt |
4 | or brewed beverages. |
5 | (ii) Any equipment, ingredients or other supplies necessary |
6 | for the unlicensed manufacture of malt or brewed beverages as |
7 | described in paragraph (1), commonly known as "homebrewing." |
8 | * * * |
9 | Section 17. Section 492.1(c) of the act, amended January 6, |
10 | 2006 (P.L.1, No.1), is amended to read: |
11 | Section 492.1. Hours of Operation Relative to Manufacturers, |
12 | Importing Distributors and Distributors.--* * * |
13 | (c) In addition to the hours authorized under subsections |
14 | (a) and (b), manufacturers, importing distributors and |
15 | distributors, upon purchasing a permit from the board at an |
16 | annual fee of one hundred dollars ($100), may sell malt or |
17 | brewed beverages to persons not licensed under this act or to a |
18 | holder of a special occasion permit on Sunday between the hours |
19 | of [noon] nine o'clock antemeridian and [five] nine o'clock |
20 | postmeridian. |
21 | * * * |
22 | Section 18. Section 493(12) and (26) of the act, amended |
23 | February 21, 2002 (P.L.103, No.10), are amended and the section |
24 | is amended by adding a paragraph to read: |
25 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
26 | Brewed Beverages and Licensees.--The term "licensee," when used |
27 | in this section, shall mean those persons licensed under the |
28 | provisions of Article IV, unless the context clearly indicates |
29 | otherwise. |
30 | It shall be unlawful-- |
|
1 | * * * |
2 | (12) Failure to Have Records on Premises. For any liquor |
3 | licensee, or any importing distributor, distributor or retail |
4 | dispenser, to fail to keep [on the licensed premises] for a |
5 | period of at least two years complete and truthful records |
6 | covering the operation of his licensed business, particularly |
7 | showing the date of all purchases of liquor and malt or brewed |
8 | beverages, the actual price paid therefor, and the name of the |
9 | vendor, including State Store receipts, or for any licensee, his |
10 | servants, agents or employes, to refuse the board or an |
11 | authorized employe of the board or the enforcement bureau access |
12 | thereto or the opportunity to make copies of the same when the |
13 | request is made during business hours. The records from the most |
14 | recent six-month period must be maintained on the licensed |
15 | premises. Records for the remainder of the two-year period may |
16 | be kept off the licensed premises so long as the records are |
17 | returned to the licensed premises within twenty-four hours of a |
18 | request by the board or enforcement bureau. A licensee may |
19 | remove the records for the most recent six-month period from the |
20 | licensed premises only for a lawful business purpose provided |
21 | that they are returned to the premises when that business is |
22 | completed. Prior to removing the records from the premises, the | <-- |
23 | licensee must notify the enforcement bureau and identify the |
24 | person who will be in possession of them, the location where |
25 | they will be held, the reason the records need to be removed |
26 | from the premises and when the licensee expects to have the |
27 | records returned. |
28 | * * * |
29 | (26) Worthless Checks. For any retail liquor licensee or any |
30 | retail dispenser, distributor or importing distributor, to make, |
|
1 | draw, utter, issue or deliver, or cause to be made, drawn, |
2 | uttered, issued or delivered, any check, draft or similar order, |
3 | for the payment of money in payment for any purchase of malt or |
4 | brewed beverages, when such retail liquor licensee, retail |
5 | dispenser, distributor or importing distributor, has not |
6 | sufficient funds in, or credit with, such bank, banking |
7 | institution, trust company or other depository, for the payment |
8 | of such check. Any person who is a licensee under the provisions |
9 | of this article, who shall receive in payment for malt or brewed |
10 | beverages sold by him any check, draft or similar order for the |
11 | payment of money, which is subsequently dishonored by the bank, |
12 | banking institution, trust company or other depository, upon |
13 | which drawn, for any reason whatsoever, shall, within five days |
14 | of receipt of notice of such dishonor, notify by certified mail |
15 | the person who presented the said worthless check, draft or |
16 | similar order and the malt beverage compliance officer for the |
17 | board. If the violation of this clause [is the first such |
18 | violation by the licensee that calendar year] involving a check, |
19 | draft or similar order from the purchaser to the seller [and if |
20 | the check, draft or similar order] is subsequently honored |
21 | within ten days from the day it was made, drawn, uttered, issued |
22 | or delivered, then the [enforcement bureau shall issue an |
23 | administrative warning in lieu of] malt beverage compliance |
24 | officer shall not turn the matter over to the enforcement bureau |
25 | for a citation. |
26 | * * * |
27 | (34) Noise. A Notwithstanding any law or regulation to the | <-- |
28 | contrary, a licensee may not use or permit to be used inside or |
29 | outside of the licensed premises a loudspeaker or similar device |
30 | whereby the sound of music or other entertainment, or the |
|
1 | advertisement thereof, can be heard at an unreasonable level | <-- |
2 | beyond the licensee's property line. |
3 | Section 18.1. Section 493.1(d) of the act, added April 13, | <-- |
4 | 2006 (P.L.78, No.26), is amended to read: |
5 | Section 493.1. Rights of Municipalities Preserved.--* * * |
6 | (d) (1) Notwithstanding any other provision of law to the |
7 | contrary, a restaurant liquor license located on premises owned |
8 | by a city of the first class, listed on the National Register of |
9 | Historic Places and which contains a structure that is at least |
10 | one hundred (100) years old shall not be subject to the board's |
11 | regulations regarding amplified music. |
12 | (2) Notwithstanding any other provision of law to the |
13 | contrary, a limited winery license that is located in a second |
14 | class township in a class 2A county that has a State historic |
15 | site owned and operated by the Commonwealth under the direction |
16 | of the Pennsylvania Historic and Museum Commission and is |
17 | located on property that also contains a building that is listed |
18 | on the registry of historic places of a class 2A county shall |
19 | not be subject to the board's regulations regarding amplified |
20 | music. |
21 | Section 19. Section 496 of the act, amended February 21, |
22 | 2002 (P.L.103, No.10), is amended to read: |
23 | Section 496. Reporting of Worthless Checks.--Any person who |
24 | is a licensee under the provisions of this article who shall |
25 | receive in payment for malt or brewed beverages sold by him any |
26 | check, draft or similar order, for the payment of money, which |
27 | is subsequently dishonored by the bank, banking institution, |
28 | trust company or other depository, upon which drawn, for any |
29 | reason whatsoever, and which violates the provisions of section |
30 | 493(26), shall, within [twenty] five days of receipt of notice |
|
1 | of such dishonor, notify the malt beverage compliance officer of |
2 | the board thereof. Such notification to the [board] malt |
3 | beverage compliance office shall be in such manner and form as |
4 | the board shall direct. |
5 | Section 20. Section 505.2(a)(4) of the act, amended July 16, |
6 | 2007 (P.L.107, No.34), is amended to read: |
7 | Section 505.2. Limited Wineries.--(a) In the interest of |
8 | promoting tourism and recreational development in Pennsylvania, |
9 | holders of a limited winery license may: |
10 | * * * |
11 | (4) At the discretion of the board, obtain a special permit |
12 | to participate in alcoholic cider, wine and food expositions off |
13 | the licensed premises. A special permit shall be issued upon |
14 | proper application and payment of a fee of thirty dollars ($30) |
15 | per day for each day of permitted use, not to exceed [five (5)] |
16 | thirty (30) consecutive days. The total number of days for all |
17 | the special permits may not exceed [forty (40)] one hundred |
18 | (100) days in any calendar year. A special permit shall entitle |
19 | the holder to engage in the sale by the glass, by the bottle or |
20 | in case lots of alcoholic cider or wine produced by the |
21 | permittee under the authority of a limited winery license. |
22 | Holders of special permits may provide tasting samples of wines |
23 | in individual portions not to exceed one fluid ounce. Samples at |
24 | alcoholic cider, wine and food expositions may be sold or |
25 | offered free of charge. Except as provided herein, limited |
26 | wineries utilizing special permits shall be governed by all |
27 | applicable provisions of this act as well as by all applicable |
28 | regulations or conditions adopted by the board. |
29 | For the purposes of this clause, "alcoholic cider, wine and |
30 | food expositions" are defined as affairs held indoors or |
|
1 | outdoors with the intent of promoting Pennsylvania products by |
2 | educating those in attendance of the availability, nature and |
3 | quality of Pennsylvania-produced alcoholic ciders and wines in |
4 | conjunction with suitable food displays, demonstrations and |
5 | sales. Alcoholic cider, wine and food expositions may also |
6 | include activities other than alcoholic cider, wine and food |
7 | displays, including arts and crafts, musical activities, |
8 | cultural exhibits, agricultural exhibits and farmers markets. |
9 | * * * |
10 | Section 21. Section 505.4 of the act, added December 8, 2004 |
11 | (P.L.1810, No.239), is amended to read: |
12 | Section 505.4. Distilleries.--(a) The board may issue a |
13 | distillery of historical significance license to any distillery |
14 | which was established prior to January 1, 1875. The holder of |
15 | the license may manufacture and sell liquor produced on the |
16 | licensed premises to the board, to entities licensed by the |
17 | board and to the public under such conditions and regulations as |
18 | the board may enforce. Production at the distillery of |
19 | historical significance shall be limited to an amount not to |
20 | exceed twenty thousand (20,000) gallons per year. The distillery |
21 | does not need to establish continuous operation since January 1, |
22 | 1875, in order to qualify for a license under this section. |
23 | (b) (1) The board may issue a limited distillery license |
24 | that will allow the holder thereof to operate a distillery that |
25 | shall not exceed production of forty thousand (40,000) one | <-- |
26 | hundred thousand (100,000) gallons of distilled liquor per year. |
27 | The holder of the license may manufacture and sell bottled |
28 | liquors produced on the licensed premises to the board, to |
29 | entities licensed by the board and to the public between the |
30 | hours of nine o'clock antemeridian and nine eleven o'clock | <-- |
|
1 | postmeridian so long as a specific code of distilled liquor |
2 | which is listed for sale as a stock item by the board in State |
3 | liquor stores may not be offered for sale at a licensed limited |
4 | distillery location at a price which is lower than that charged |
5 | by the board and under such conditions and regulations as the |
6 | board may enforce. |
7 | (2) The (2) (i) The holder of a limited distillery license | <-- |
8 | may, separately or in conjunction with other limited distillery |
9 | licensees, sell bottled liquors produced by the distillery at no |
10 | more than two (2) board-approved locations other than the |
11 | licensed premises, with no bottling or production requirement at |
12 | those additional board-approved locations and under such |
13 | conditions and regulations as the board may enforce to the |
14 | board, to individuals and to entities licensed by the board. |
15 | (ii) If two or more limited distilleries apply to operate an | <-- |
16 | additional board-approved location in conjunction with each |
17 | other, the distilleries need only have one board-approved |
18 | manager for the location, need only pay one application fee and |
19 | need not designate specific or distinct areas for each |
20 | distillery's licensed area. A limited distillery must file an |
21 | application for the additional board-approved location, and that |
22 | location shall count as one of the two permitted for each |
23 | limited distillery. A limited distillery is responsible for |
24 | keeping only its own complete records. A limited distillery may |
25 | be cited for a violation of the recordkeeping requirements of |
26 | sections 512 and 513 pertaining to its own records only. |
27 | (3) The holder of a limited distillery license may apply for |
28 | and hold a hotel liquor license, a restaurant liquor license or |
29 | a malt and brewed beverages retail license to sell for |
30 | consumption at the restaurant or limited distillery on the |
|
1 | licensed distillery premises liquor, wine and malt or brewed |
2 | beverages regardless of the place of manufacture under the same |
3 | conditions and regulations as any other hotel liquor license, |
4 | restaurant liquor license or malt and brewed beverages retail |
5 | license. |
6 | (4) The holder of a limited distillery license may sell food | <-- |
7 | for consumption on or off the licensed premises and sell by the |
8 | glass only liquor that may otherwise be sold by the bottle. The | <-- |
9 | holder of a limited distillery license may sell food for |
10 | consumption on or off the licensed premises and at the limited |
11 | distillery's additional board-approved locations, and may sell |
12 | by the glass, at the licensed premises and at the limited |
13 | distillery's additional board-approved locations, only liquor |
14 | that may otherwise be sold by the bottle. |
15 | (5) The holder of a limited distillery license may provide |
16 | tasting samples of liquor that in individual portions not to | <-- |
17 | total do not exceed one (1) fluid ounce one and one-half (1.5) | <-- |
18 | fluid ounces per person on the licensed premises and at the two |
19 | (2) board-approved locations. Samples may be sold or provided |
20 | free of charge and may only be provided between the hours of |
21 | nine o'clock antemeridian and nine eleven o'clock postmeridian. | <-- |
22 | (6) The fee for the limited distillery license shall be in |
23 | an amount to be determined by the board but shall not exceed one |
24 | thousand five hundred dollars ($1,500). |
25 | (7) The board may issue to the holder of a distillery |
26 | license a limited distillery license in exchange for the |
27 | distillery license provided that the applicant has not |
28 | manufactured more than forty one hundred thousand (40,000) | <-- |
29 | (100,000) gallons of distilled liquor in the prior calendar | <-- |
30 | year. The board may not charge a fee for this exchange. An | <-- |
|
1 | applicant under this subsection shall surrender his distillery |
2 | license for cancellation prior to the issuance of the new |
3 | limited distillery license. The authority of the board to |
4 | exchange a distillery license for a limited distillery license |
5 | under this subsection and this subsection shall expire December |
6 | 31, 2012. |
7 | (c) (1) The holder of a distillery license as issued under |
8 | section 505 may sell bottled liquors produced on the licensed |
9 | premises to the board, to entities licensed by the board and to |
10 | the public between the hours of nine o'clock antemeridian and |
11 | nine eleven o'clock postmeridian so long as a specific code of | <-- |
12 | distilled liquor which is listed for sale as a stock item by the |
13 | board in State liquor stores may not be offered for sale at a |
14 | licensed distillery location at a price which is lower than that |
15 | charged by the board and under such conditions and regulations |
16 | as the board may enforce. |
17 | (2) The holder of a distillery license as issued under |
18 | section 505 may provide tasting samples of liquor in individual | <-- |
19 | portions not to that in total do not exceed one (1) fluid ounce | <-- |
20 | one and one-half (1.5) fluid ounces. Samples may be sold or | <-- |
21 | provided free of charge between the hours of nine o'clock |
22 | antemeridian and nine eleven o'clock postmeridian. | <-- |
23 | Section 2. This act shall take effect in 60 days. | <-- |
24 | Section 22. This act shall take effect as follows: | <-- |
25 | (1) The amendment or addition of the definitions of |
26 | "eligible entity" and "public venue" in section 102 and |
27 | sections 401(a), 412(b), 412(f)(2), 437(d), 440, 445(b), 446, | <-- |
28 | 471.1(g), 492(12), 493(12) and (26), 496 and 505.4 of the act |
29 | shall take effect in 60 days. |
30 | (2) The remainder of this act shall take effect |
|
1 | immediately. |
|