PRINTER'S NO. 1234
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1003
Session of
2015
INTRODUCED BY ARGALL, MENSCH, SCHWANK, VULAKOVICH, BROWNE,
STEFANO, WHITE AND HUTCHINSON, SEPTEMBER 16, 2015
REFERRED TO LAW AND JUSTICE, SEPTEMBER 16, 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 definitions;
and, in licenses and regulations, providing for take-out
liquor permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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), is amended by adding a definition to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
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meanings ascribed to them in this section:
* * *
"Food market" shall mean a reputable place that primarily
sells food, supplies for the table and food products for human
consumption off the premises, has an area under one roof of
eight thousand (8,000) square feet to fifty-five (55,000) square
feet and is in the possession of a restaurant liquor license.
* * *
Section 2. The act is amended by adding a section to read:
Section 415. Take-Out Liquor Permit.--(a) The board is
authorized to issue a take-out liquor permit to a food market.
The licensing period shall be established under section 402. The
application and issuance of the license are subject to sections
403 and 404 unless otherwise provided in this section. The
application, renewal and filing fee shall be as prescribed in
section 614-A(1) of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
(b) Permits issued under this section provide for the
following restrictions and privileges:
(1) A permit established under this section shall license
the premises of a food market located under one roof.
(2) Alcohol sold within a food market with a permit
established under this section shall be placed under the roof
and on the inside perimeter of the licensed premise.
(3) A permit shall authorize the sale, for consumption off
premises only, of malt beverages, wine and spirits.
(4) A permit shall authorize the sale at retail of malt
beverages, wine and spirits at licensed premises, during normal
business hours, for up to seven days a week.
(5) A food market issued a permit under this section shall
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not be required to meet the requirements defining "restaurant"
contained in section 102.
(c) Permits issued under this section are subject to section
493(13) relating to employment of minors.
(d) A food market obtaining a restaurant liquor license
shall apply to the board to obtain a take-out liquor permit.
(e) Permits issued under this section are nontransferable.
Section 3. This act shall take effect in 60 days.
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