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,"
17providing for wine and spirits retail license; and further
18providing for interlocking business prohibited.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. The act of April 12, 1951 (P.L.90, No.21), known
22as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
23No.14), is amended by adding a section to read:

24Section 415. Wine and Spirits Retail License.--(a) The
25board is authorized to issue one wine and spirits retail license
26to each person, association or corporation holding and

1possessing a hotel liquor license or restaurant liquor license
2in good standing.

3(b) A license shall authorize the sale at retail of wine and
4spirits on the licensed premises, during normal business hours,
5for up to seven days a week. A licensee may sell, for
6consumption off premises, wine and spirits in any quantity. No
7sales may take place after twelve o'clock midnight of any day
8until seven o'clock antemeridian of the same day.

9(c) An applicant shall file a written application with the
10board in the manner determined by the board. The application
11shall include a description or plan of the part of the hotel or
12restaurant where the storage and sales of wine and spirits for
13retail are proposed.

14(d) The board shall impose an annual license fee in the
15amount of ten thousand dollars ($10,000) for a wine and spirits
16retail license. No other fees shall apply to a wine and spirits
17retail licensee.

18(e) Each Pennsylvania Liquor Store shall sell wine and
19spirits at ten per centum (10%) above the board's actual
20purchase price, plus applicable taxes, to wine and spirits
21retail licensees.

22(f) A person, association or corporation may apply for only
23one wine and spirits retail license to be used at one location.

24Section 2. Section 443(b) of the act, amended May 31, 1996
25(P.L.312, No.49), is amended to read:

26Section 443. Interlocking Business Prohibited.--* * *

27(b) No distributor or importing distributor and no officer
28or director of any distributor or importing distributor shall at
29the same time be a manufacturer, a retail dispenser or a liquor
30licensee, or be an officer, director, stockholder or creditor of

1a manufacturer, a retail dispenser or a liquor licensee, or,
2directly or indirectly, own any stock of, or have any financial
3interest in, or be the owner, proprietor or lessor of, any place
4covered by any other malt or brewed beverage or liquor
5license[.], except that the holder of a distributor license may 
6also hold and operate one retail dispenser license as provided 
7under section 432 for use at premises adjoining and open to the 
8distributor's licensed premises. All requirements for each 
9respective license must be satisfied. The board shall assess a 
10one-time license fee in the amount of ten thousand dollars 
11($10,000) for the additional license and all other applicable 
12filing and license fees shall be as prescribed under section 
13614-A of the act of April 9, 1929 (P.L.177, No.175), known as 
14"The Administrative Code of 1929."

15* * *

16Section 3. This act shall take effect in 60 days.