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PRIOR PRINTER'S NO. 1683
PRINTER'S NO. 2002
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1273
Session of
2015
INTRODUCED BY PETRI, BARRAR, GIBBONS, GODSHALL, LONGIETTI,
MILLARD, PICKETT, SANKEY, SCHREIBER, SONNEY, STAATS, THOMAS,
A. HARRIS, SAYLOR, D. COSTA, COHEN, ZIMMERMAN, SCHWEYER,
DeLUCA, TAYLOR AND FARRY, JUNE 2, 2015
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 30, 2015
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "An act relating to alcoholic liquors, alcohol and
malt and brewed beverages; amending, revising, consolidating
and changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," IN
PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR THE DEFINITIONS
OF "ASSOCIATION" AND "PERSON"; AND, in licenses and
regulations and liquor, alcohol and malt and brewed
beverages, further providing for APPLICATIONS FOR HOTEL,
RESTAURANT AND CLUB LIQUOR LICENSES AND FOR sales by liquor
licensees and restrictions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 406(a) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, reenacted and amended
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June 29, 1987 (P.L.32, No.14), is amended by adding a paragraph
to read:
SECTION 1. THE DEFINITIONS OF "ASSOCIATION" AND "PERSON" IN
SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN
AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32,
NO.14), ARE AMENDED TO READ:
SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
MEANINGS ASCRIBED TO THEM IN THIS SECTION:
* * *
"ASSOCIATION" SHALL MEAN A PARTNERSHIP, LIMITED PARTNERSHIP
OR ANY FORM OF UNINCORPORATED ENTERPRISE OWNED OR OPERATED BY
TWO OR MORE PERSONS. THE TERM INCLUDES A BUSINESS OPERATED BY AN
OWNER OR MANAGEMENT COMPANY.
* * *
"PERSON" SHALL MEAN A NATURAL PERSON, ASSOCIATION, MANAGEMENT
COMPANY OR CORPORATION. WHENEVER USED IN A CLAUSE PRESCRIBING OR
IMPOSING A FINE OR IMPRISONMENT OR BOTH, THE TERM "PERSON", AS
APPLIED TO "ASSOCIATION", SHALL MEAN THE PARTNERS OR MEMBERS
THEREOF, AND AS APPLIED TO "CORPORATION", SHALL MEAN THE
OFFICERS THEREOF, EXCEPT, AS TO INCORPORATED CLUBS, THE TERM
"PERSON" SHALL MEAN SUCH INDIVIDUAL OR INDIVIDUALS WHO, UNDER
THE BY-LAWS OF SUCH CLUB, SHALL HAVE JURISDICTION OVER THE
POSSESSION AND SALE OF LIQUOR THEREIN.
* * *
SECTION 2. SECTION 403(E) OF THE ACT IS AMENDED TO READ:
SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
LIQUOR LICENSES.--* * *
(E) IF THE APPLICANT IS AN ASSOCIATION, THE APPLICATION
SHALL SET FORTH THE NAMES AND ADDRESSES OF THE PERSONS
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CONSTITUTING THE ASSOCIATION, AND IF A CORPORATION, THE NAMES
AND ADDRESSES OF THE PRINCIPAL OFFICERS THEREOF. EVERY CLUB
APPLICANT SHALL FILE WITH AND AS A PART OF ITS APPLICATION A
LIST OF THE NAMES AND ADDRESSES OF ITS MEMBERS, DIRECTORS,
OFFICERS, AGENTS AND EMPLOYES, TOGETHER WITH THE DATES OF THEIR
ADMISSION, ELECTION OR EMPLOYMENT, AND SUCH OTHER INFORMATION
WITH RESPECT TO ITS AFFAIRS AS THE BOARD SHALL REQUIRE.
NOTWITHSTANDING THE PROVISIONS OF 40 PA. CODE ยง 7.2 (RELATING TO
TRANSFERS OF OWNERSHIP), A LICENSE MAY BE ISSUED TO A HOTEL
MANAGEMENT COMPANY, AND A MANAGEMENT AGREEMENT SHALL BE ACCEPTED
IN LIEU OF A DEED OR LEASE FOR THE LICENSED PREMISES.
NOTWITHSTANDING ANY OTHER PROVISION UNDER THIS ACT, IF A LICENSE
IS ISSUED TO A HOTEL MANAGEMENT COMPANY AND THE OWNER HAS BEEN
DISCLOSED TO THE BOARD, THERE SHALL BE NO UNLAWFUL PECUNIARY
INTEREST ON THE PART OF THE OWNER AS THE RESULT OF THE OWNER
POSSESSING AN INTEREST IN THE LICENSED BUSINESS. UPON
APPLICATION SUBMITTED BY A HOTEL OWNER, THE BOARD MAY ISSUE A
LICENSE SOLELY TO A HOTEL OWNER, IN WHICH CASE THERE SHALL BE NO
UNLAWFUL INTEREST ON THE PART OF THE MANAGEMENT COMPANY SHOULD
THE MANAGEMENT COMPANY POSSESS AN INTEREST IN THE LICENSED
BUSINESS, IF THE MANAGEMENT COMPANY HAS BEEN DISCLOSED TO THE
BOARD.
* * *
SECTION 3. SECTION 406(A) OF THE ACT IS AMENDED BY ADDING A
PARAGRAPH TO READ:
Section 406. Sales by Liquor Licensees; Restrictions.--(a)
* * *
(7) (i) Notwithstanding any provision of this act to the
contrary, the act by a bed and breakfast homestead or inn of
providing one bottle of a PA Preferred alcoholic product to its
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paying guests at check-in while in an overnight status shall not
be construed as the direct or indirect sale of alcohol so long
as that wine is produced by a licensed limited winery as
provided for under section 505.2.
(ii) For purposes of this paragraph, a "bed and breakfast
homestead or inn" shall mean a private residence that contains
ten or fewer bedrooms used for providing overnight
accommodations to the public and in which breakfast is the only
meal served and is included in the charge for the room.
* * *
Section 2 4. This act shall take effect immediately.
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