| PRINTER'S NO. 2463 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 1747 | Session of 2013 |
INTRODUCED BY KILLION, MUSTIO, LUCAS, MILLARD, CALTAGIRONE, DeLUCA, COHEN, HEFFLEY, SANKEY, GRELL, KORTZ, MURT AND GINGRICH, OCTOBER 11, 2013
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 11, 2013
AN ACT
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,"
17further providing for sales by liquor licensees, restrictions
18and for unlawful acts relative to liquor, malt and brewed
19beverages and licensees.
20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:
22Section 1. Sections 406(f)(13) and 493(33) of the act of
23April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
24reenacted and amended June 29, 1987 (P.L.32, No.14) and amended
25July 5, 2012 (P.L.1007, No.116), are amended to read:
26Section 406. Sales by Liquor Licensees; Restrictions.--* * *
1(f) The holder of a hotel or restaurant liquor license may
2obtain an off-premises catering permit subject to section
3493(33) to hold a catered function off the licensed premises and
4on otherwise unlicensed premises where the licensee may sell
5wine, liquor and malt or brewed beverages by the glass, open
6bottle or other container, and in any mixture together with
7food, for consumption on those premises. Functions conducted
8under the authority of the permit shall be subject to the
9following:
10* * *
11(13) no catered function may be held for more than five
12hours per day and must end by midnight unless the catered
13function occurs on December 31 of any calender year on which
14date the catered function must end by two o'clock antemeridian;
15* * *
16Section 493. Unlawful Acts Relative to Liquor, Malt and
17Brewed Beverages and Licensees.--The term "licensee," when used
18in this section, shall mean those persons licensed under the
19provisions of Article IV, unless the context clearly indicates
20otherwise.
21It shall be unlawful--
22* * *
23(33) Off-premises Catering Permit; Fees. For any licensee,
24his servants, agents or employes to sell alcohol at a location
25other than its licensed premises, unless the sale is
26specifically authorized under this act, or unless the licensee
27receives a special permit from the board to do so. Only those
28licensees holding a current and valid restaurant, hotel, brew
29pub or eating place license shall be allowed to apply for such a
30permit. Any licensee that wishes to obtain an off-premises
1catering permit must notify the board and pay the permitting fee
2by March of each calendar year regardless of whether the
3licensee has scheduled catered events. Any licensee that fails
4to notify the board and pay the permit fee by March 1 [shall]
5may be precluded from obtaining the permit for that calendar
6year. The board shall have the discretion to allow the issuance
7of the permit after the March deadline so long as the applicant
8is a licensee in good standing with the board and complies with
9all other requirements for the off-premises catering permit. A
10licensee applying for the permit after the March deadline shall
11pay the board a late fee of five hundred dollars ($500) in
12addition to the permit fee allowed by this act. If a licensee
13notifies the board and pays the permitting fee by March 1 and
14does not then use the permit throughout the calendar year, the
15licensee shall not be entitled to a return of the permitting
16fee. Any licensee not granted a license until after March 1 of
17the calendar year shall have sixty days from the date of the
18license transfer to notify the board of the licensee's intention
19to use an off-premises catering permit and pay the permitting
20fee. All servers at the off-premises catered function shall be
21certified under the board's responsible alcohol management
22program as required under section 471.1. The board may charge a
23fee of five hundred dollars ($500) each calendar year, to each
24applicant for the initial permit associated with a particular
25license, but no further fee shall be charged for any subsequent
26permits issued to the applicant for the license during the same
27calendar year. The applicant shall submit written notice to the
28board [thirty] fourteen days prior to each catered event, unless
29this time frame has been waived by the board, and the board may
30approve or disapprove each event if the applicant fails to
1provide timely notice of the catered function, does not intend
2to conduct a function that meets the requirements of this act or
3has previously conducted a function that did not meet the
4requirements of this act. The fees shall be paid into the State
5Stores Fund. Any violation of this act or the board's
6regulations for governing activity occurring under the authority
7of this permit may be the basis for the issuance of a citation
8under section 471, the nonrenewal of the license under section
9470 or the refusal by the board to issue subsequent permits or
10honor subsequent dates on the existing permit. This penalty
11shall be in addition to any other remedies available to the
12enforcement bureau or the board.
13* * *
14Section 2. This act shall take effect in 60 days.