1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17providing for nano-brewery licenses.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1.  The act of April 12, 1951 (P.L.90, No.21), known
21as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
22No.14), is amended by adding a section to read:

23Section 431.2.  Nano-brewery license.--(a)  The board shall
24issue to any person who is a resident of this Commonwealth in
25good repute who applies therefor, and pays the license fee

1prescribed in this section, a nano-brewery license to produce
2and manufacture no more than one hundred fifty barrels of malt
3or brewed beverages and to transport, sell and deliver malt or
4brewed beverages from the place of manufacture only in original
5containers, in quantities of not less than a case or original
6containers containing one hundred twenty-eight ounces or more
7that may be sold separately anywhere in this Commonwealth. The
8application for the license shall be in such form and contain
9such information as the board shall require. The licenses shall
10be granted for a license period to be determined by the board.
11Every manufacturer shall keep at his or its principal place of
12business, within this Commonwealth, daily permanent records that
13shall show:

14(1)  the quantities of raw materials received and used in the
15manufacture of malt or brewed beverages and the quantities of
16malt or brewed beverages manufactured and stored;

17(2)  the sales of malt or brewed beverage;

18(3)  the quantities of malt or brewed beverages stored for
19hire or transported for hire by or for the licensee; and

20(4)  the names and addresses of the purchases or other
21recipients of the malt or brewed beverages.

22A place licensed as a manufacturer shall be subject to
23inspection by members of the board or by persons duly authorized
24and designated by the board, at any and all times of the day or
25night, as they may deem necessary, for the detection of
26violations of this act or of the rules and regulations of the
27board or for the purpose of ascertaining the correctness of the
28records required to be kept by licensees. The books and records
29of the licensees shall, at all times, be open to be inspected by
30members of the board or by persons duly authorized and

1designated by the board. Members of the board and its duly
2authorized agents shall have the right, without hindrance, to
3enter any place that is subject to inspection under this section
4or any place where the records are kept for the purpose of
5making inspections and for making transcriptions of the records.
6Whenever any checks issued in payment of filing or license fees
7shall be returned to the board as dishonored, the board shall
8charge a fee of five dollars ($5.00) per one hundred dollars
9($100.00) or fractional part thereof, plus all protest fees, to
10the maker of the check submitted to the board. Failure to make
11full payment or pay the face amount of the check in full and all
12charges on the check as required under this section within ten
13days after demand has been made by the board upon the maker of
14the check or upon notification to the board by the Department of
15Revenue or the Department of Labor and Industry of its
16objection, the license of the person shall immediately become
17invalid and shall remain invalid until payment of all charges
18are received by the board.

19(b)  The holder of a nano-brewery license shall have all the
20rights and be subject to the same conditions and qualifications
21as those imposed on holders of a malt or brewed beverage
22manufacturer's license.

23(c)  Holders of a nano-brewery may:

24(1)  Sell malt or brewed beverages produced and owned by the
25brewery under such conditions and regulations as the board may
26enforce, to individuals for consumption on or off the licensed
27premises in any container or package of any volume and to hotel,
28restaurant, club and public service liquor licensees.

29(2)  Operate a restaurant or brewery pub on the licensed
30premises under such conditions and regulations as the board may

1enforce, provided, however, that sales on Sunday may be made
2irrespective of the volume of food sales if the licensed
3premises are at a public venue location. The holder of a brewery
4license may sell at its brewery pub premises Pennsylvania wines
5it has purchased from either the holder of a Pennsylvania
6limited winery license or from the board, provided, however,
7that the wines must be consumed at the licensed brewery pub
8premises.

9(3)  Apply for and hold a hotel liquor license, a restaurant
10liquor license or a malt and brewed beverages retail license to
11sell for consumption at the restaurant or brewery pub on the
12licensed brewery premises, liquor, wine and malt or brewed
13beverages regardless of the place of manufacture, under the same
14conditions and regulations as any other hotel liquor license,
15restaurant liquor license or malt or brewed beverages retail
16license, but must brew at least two hundred fifty barrels per
17year. A holder of a brewery license who receives a hotel liquor
18license, a restaurant liquor license or a malt or brewed
19beverages retail license to operate a brew pub may not sell
20directly to a person licensed by this act, except if any malt or
21brewed beverage is to be distributed in this Commonwealth, it
22shall be only through specific importing distributors who shall
23have first been given distributing rights for those products in
24designated geographical areas through the distribution system
25required for out-of-State manufacturers under section 431(b) as
26well as all other pertinent sections of this act.

27(d)  The fee for the nano-brewery license shall be in an
28amount to be determined by the board but shall not exceed five
29hundred dollars ($500.00).

30Section 2.  This act shall take effect in 60 days.