Regular Session 2019-2020 House Bill 0131 P.N. 2264

SENATE AMENDED

PRIOR PRINTER'S NOS. 125, 857

PRINTER'S NO. 2264

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

131

Session of

2019

INTRODUCED BY JOZWIAK, GREINER, BARRAR, MACKENZIE, M. K. KELLER,

WARREN, KORTZ, RADER, SCHWEYER, GILLEN, HEFFLEY, DEASY,

BURGOS, ECKER, ROTHMAN, MOUL, SANKEY, EVERETT, PASHINSKI,

BERNSTINE, MEHAFFIE, NEILSON, BROOKS, WHEELAND, MASSER,

DELLOSO AND T. DAVIS, JANUARY 28, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 26, 2019

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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; in

licenses and regulations and liquor, alcohol and malt and

brewed beverages, further providing FOR WINE AND SPIRITS

AUCTION PERMITS, for malt and brewed beverages

manufacturers', distributors' and importing distributors'

licenses and, for breweries AND FOR RIGHTS OF MUNICIPALITIES

PRESERVED; in distilleries, wineries, bonded warehouses,

bailees for hire and transporters for hire, further providing

for limited wineries and, for distilleries AND FOR RECORDS TO

BE KEPT; and, in miscellaneous provisions, further providing

for construction and applicability; AND ABROGATING

REGULATIONS.

The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

Section 1. The definition of "alcoholic cider" in section

102 of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, is amended and the section 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

meanings ascribed to them in this section:

* * *

"Alcoholic cider" shall mean a beverage which may contain

carbonation in an amount not to exceed six and four tenths grams

per liter, produced through alcoholic fermentation [of any fruit

or fruit juice], which is primarily derived from apples, apple

juice concentrate and water or pears, pear juice concentrate and

water, consisting of at least one-half of one per centum, but

not greater than eight and one-half per centum, alcohol by

volume and sold or offered for sale as alcoholic cider and not

as a wine, a wine product or as a substitute for wine, in

bottles, cases, kegs, cans or other suitable containers of the

type used for the sale of malt or brewed beverages in this

Commonwealth.

* * *

"Fermented fruit beverage" shall mean a beverage which may

contain carbonation in an amount not to exceed six and four

tenths grams per liter, produced through alcoholic fermentation

of fruit, fruit juice, fruit juice concentrate and water with or

without flavorings, consisting of at least one-half of one per

centum, but not greater than eight and one-half per centum,

alcohol by volume and sold or offered for sale not as a wine, a

wine product or a substitute for wine, in bottles, cases, kegs,

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cans or other suitable containers of the type used for the sale

of malt or brewed beverages in this Commonwealth.

* * *

SECTION 2. SECTION 408.12(G) AND (I) OF THE ACT ARE AMENDED

TO READ:

SECTION 408.12. WINE AND SPIRITS AUCTION PERMITS.--* * *

(G) ANY WINE AND SPIRITS SOLD UNDER THIS SECTION SHALL BE

PURCHASED FROM A PENNSYLVANIA LIQUOR STORE, A PENNSYLVANIA

LIMITED WINERY, LIMITED DISTILLERY OR ANY SELLER AUTHORIZED TO

SELL WINE OR SPIRITS BY THE BOTTLE OR CASE IN THIS COMMONWEALTH

OR SHALL BE DONATED BY A PERSON [WHO IS NEITHER A LICENSEE NOR A

PERMITTEE] WHO HAS LEGALLY ACQUIRED THE WINE OR SPIRITS AND

LEGALLY POSSESSES IT IN THIS COMMONWEALTH. IF THE DONATED WINE

OR SPIRITS IS FROM A LOCATION OUTSIDE OF THIS COMMONWEALTH, THE

WINE OR SPIRITS MAY BE IMPORTED AS A GIFT AND SUBJECT TO THE

PROCEDURES AND FEES IMPOSED BY THE BOARD.

* * *

(I) [THE] IF THE WINE OR SPIRITS IS PURCHASED FROM AN ENTITY

OTHER THAN THE BOARD, THE PERMITTEE SHALL BE RESPONSIBLE FOR

PAYING TO THE BOARD AN AMOUNT EQUAL TO ALL TAXES WHICH WOULD

HAVE BEEN PAID ON SUCH WINE OR SPIRITS IF IT HAD BEEN PURCHASED

FROM A PENNSYLVANIA LIQUOR STORE, TOGETHER WITH A PROCESSING FEE

TO BE DETERMINED BY THE BOARD.

* * *

Section 2 3. Section 431 of the act is amended by adding a

subsection to read:

Section 431. Malt and Brewed Beverages Manufacturers',

Distributors' and Importing Distributors' Licenses.--* * *

(g) (1) Any nonalcoholic malt or brewed beverage produced

by an out-of-State manufacturer of malt or brewed beverages or a

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Pennsylvania manufacturer of malt or brewed beverages which has

designated an importing distributor pursuant to this section

shall be distributed in accordance with the provisions of this

section notwithstanding that it is not a malt or brewed beverage

as defined in section 102.

(2) For the purposes of this subsection, "nonalcoholic malt

or brewed beverage" means any beverage intended to be marketed

or sold as nonalcoholic beer having at least a trace amount of

alcohol content but which does not contain one-half per centum

(0.5%) or more alcohol by volume.

Section 3. Sections 446(a)(2), 505.2(a) and (b), 505.4

heading, (b)(1) and (8) and (c)(1) and 1001 of the act are

amended to read:

SECTION 4. SECTION 446(A)(2) OF THE ACT IS AMENDED TO READ:

Section 446. Breweries.--(a) Holders of a brewery license

may:

* * *

(2) Operate a restaurant or brewery pub on the licensed

premises under such conditions and regulations as the board may

enforce: Provided, however, That sales on Sunday may be made

irrespective of the volume of food sales if the licensed

premises are at a public venue location. The holder of a brewery

license may sell wines [and], alcoholic cider and fermented

fruit beverages produced by the holder of a limited winery

license, malt or brewed beverages produced by a manufacturer

licensed by the board and liquor produced by a limited

distillery or distillery licensed by the board: Provided,

however, That said wines, malt or brewed beverages produced by

another manufacturer and liquor must be consumed at the licensed

premises. In addition, the combined sales of wine, malt or

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brewed beverages produced by another manufacturer and liquor may

not, on a yearly basis, exceed fifty per centum (50%) of the on-

premises sales of the brewery's own malt or brewed beverages for

the preceding calendar year: however, if a brewery did not

operate for an entire calendar year during the preceding year,

then its combined sales of wine, malt or brewed beverages

produced by another manufacturer and liquor may not, on a yearly

basis, exceed fifty per centum (50%) of the on-premises sales of

the brewery's own malt or brewed beverages for that year.

* * *

SECTION 5. SECTION 493.1 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 493.1 RIGHTS OF MUNICIPALITIES PRESERVED.--* * *

(E) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE

CONTRARY, THE HOLDER OF A LIMITED WINERY LICENSE THAT IS LOCATED

IN A CLASS 2A THROUGH 8 COUNTY MAY USE OR PERMIT TO BE USED

INSIDE OR OUTSIDE OF THE LICENSED PREMISES A LOUDSPEAKER OR

SIMILAR DEVICE WHEREBY THE SOUND OF MUSIC OR OTHER

ENTERTAINMENT, OR THE ADVERTISEMENT THEREOF, DOES NOT EXCEED 75

DECIBELS BEYOND THE LICENSEE'S PROPERTY LINE.

(2) THE PROVISIONS OF SUBSECTION (A) SHALL ONLY APPLY:

(I) FROM TEN O'CLOCK ANTEMERIDIAN UNTIL EIGHT O'CLOCK

POSTMERIDIAN ON EVERY DAY EXCEPT FRIDAYS AND SATURDAYS; AND

(II) FROM TEN O'CLOCK ANTEMERIDIAN UNTIL TEN O'CLOCK

POSTMERIDIAN ON FRIDAYS OR SATURDAYS.

(3) NOTHING IN THIS SECTION MAY BE CONSTRUED TO LIMIT THE

RIGHTS OF A MUNICIPALITY UNDER SUBSECTION (A).

SECTION 6. SECTIONS 505.2(A) AND (B), 505.4 HEADING, (B)(1)

AND (8) AND (C)(1), 512 AND 1001 OF THE ACT ARE AMENDED TO READ:

Section 505.2. Limited Wineries.--(a) In the interest of

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promoting tourism and recreational development in Pennsylvania,

holders of a limited winery license may:

(1) Produce and sell alcoholic ciders, fermented fruit

beverages, mead, wines and wine coolers, subject to the

exceptions provided under this section, only from an

agricultural commodity grown in Pennsylvania.

(2) Sell alcoholic cider, fermented fruit beverages, mead,

wine and wine coolers produced by the limited winery or

purchased in bulk in bond from another Pennsylvania limited

winery on the licensed premises, under such conditions and

regulations as the board may enforce, to the board, to

individuals and to brewery, importing distributor, distributor,

hotel, restaurant, club and public service liquor licensees, and

to Pennsylvania winery licensees: Provided, That a limited

winery shall not, in any calendar year, purchase alcoholic

cider, fermented fruit beverages, mead or wine produced by other

limited wineries in an amount in excess of fifty per centum of

the alcoholic cider, fermented fruit beverage, mead or wine

produced by the purchasing limited winery in the preceding

calendar year. In addition, the holder of a limited winery

license may purchase wine in bottles from another Pennsylvania

limited winery if these wines undergo a second fermentation

process. Such wine may be sold in bottles bearing the purchasing

limited winery's label or the producing limited winery's label.

Such wines, if sold by the board, may be sold by the producing

limited winery to the purchasing limited winery at a price lower

than the price charged by the board.

(2.1) Notwithstanding any other provision of this act or law

to the contrary, only ship wine in accordance with the

provisions of section 488.

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(3) Separately or in conjunction with other limited

wineries, sell alcoholic cider, fermented fruit beverages, mead,

wine and wine coolers produced by the limited winery on no more

than five (5) board-approved locations other than the licensed

premises, with no bottling or production requirement at those

additional board-approved locations and under such conditions

and regulations as the board may enforce, to the board, to

individuals and to brewery, hotel, restaurant, club and public

service liquor licensees. If two or more limited wineries apply

to operate an additional board-approved location in conjunction

with each other, the wineries need only have one board-approved

manager for the location, need only pay one application fee and

need not designate specific or distinct areas for each winery's

licensed area. Each limited winery must file an application for

such an additional board-approved location, and such location

shall count as one of the five permitted for each limited

winery. Each limited winery is responsible for keeping only its

own complete records. A limited winery may be cited for a

violation of the recordkeeping requirements of sections 512 and

513 pertaining to its own records only.

(4) At the discretion of the board, obtain a special permit

to participate in alcoholic cider, fermented fruit beverage,

mead, wine and food expositions off the licensed premises. A

special permit shall be issued upon proper application and

payment of a fee of thirty dollars ($30) per day for each day of

permitted use, not to exceed thirty (30) consecutive days. The

total number of days for all the special permits may not exceed

one hundred (100) days in any calendar year. A special permit

shall entitle the holder to engage in the sale by the glass, by

the bottle or in case lots of alcoholic cider, fermented fruit

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beverage, mead or wine produced by the permittee under the

authority of a limited winery license. Holders of special

permits may provide tasting samples of wines in individual

portions not to exceed one fluid ounce. Samples at alcoholic

cider, fermented fruit beverage, mead, wine and food expositions

may be sold or offered free of charge. Except as provided

herein, limited wineries utilizing special permits shall be

governed by all applicable provisions of this act as well as by

all applicable regulations or conditions adopted by the board.

For the purposes of this clause, "alcoholic cider, fermented

fruit beverage, mead, wine and food expositions" are defined as

affairs held indoors or outdoors with the intent of promoting

Pennsylvania products by educating those in attendance of the

availability, nature and quality of Pennsylvania-produced

alcoholic ciders, fermented fruit beverages, mead and wines in

conjunction with suitable food displays, demonstrations and

sales. Alcoholic cider, fermented fruit beverage, mead, wine and

food expositions may also include activities other than

alcoholic cider, fermented fruit beverage, mead, wine and food

displays, including arts and crafts, musical activities,

cultural exhibits, agricultural exhibits and farmers markets.

(4.1) At the discretion of the board, obtain a farmers

market permit. The permit shall entitle the holder to

participate in more than one farmers market at any given time

and an unlimited number throughout the year and sell alcoholic

cider, fermented fruit beverages, mead or wine produced under

the authority of the underlying limited winery license by the

bottle or in case lots. Samples not to exceed one fluid once per

brand of mead or wine may be offered free of charge. A farmers

market permit shall be issued upon proper application and

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payment of an annual fee of two hundred fifty dollars ($250). A

permit holder may participate in more than one farmers market at

any given time. Sales by permit holders shall take place during

the standard hours of operation of the farmers market. Written

notice of the date, times and location the permit is to be used

shall be provided by the permit holder to the enforcement bureau

at least two (2) weeks prior to the event. Except as provided in

this subsection, limited wineries utilizing farmers market

permits shall be governed by all applicable provisions of this

act as well as by all applicable regulations adopted by the

board.

(5) Do either of the following:

(i) Apply for and hold a hotel liquor license, a restaurant

liquor license or a malt and brewed beverages retail license to

sell for consumption at the restaurant or limited winery on the

licensed winery premises, liquor, wine and malt or brewed

beverages regardless of the place of manufacture under the same

conditions and regulations as any other hotel liquor license,

restaurant liquor license or malt and brewed beverages retail

license.

(ii) Apply for and hold a restaurant liquor license for use

at one of the additional board-approved locations referenced

under clause (3), as long as such location does not serve as an

additional board-approved location for any other manufacturer.

(6) (i) Secure a permit from the board to allow the holder

of a limited winery license to use up to twenty-five per centum

permitted fruit, not wine, in the current year's production.

Each permit is valid only for the calendar year in which it is

issued.

(ii) The fee for a permit to import and use permitted fruit

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shall be in an amount to be determined by the board.

(iii) The purpose of this section is to increase the

productivity of limited wineries while at the same time

protecting the integrity and unique characteristics of wine

produced from fruit primarily grown in this Commonwealth.

Prevailing climatic conditions have a significant impact on the

character of the fruit. Accordingly, "permitted fruit" shall

mean fruit grown or juice derived from fruit grown within three

hundred fifty (350) miles of the winery.

(iv) The department is authorized to promulgate regulations

requiring the filing of periodic reports by limited wineries to

ensure compliance with the provisions of this section.

(6.1) Sell food for consumption on or off the licensed

premises and at the limited winery's additional board-approved

locations and sell by the glass, at the licensed premises and at

the limited winery's additional board-approved locations, wine,

mead [and], alcoholic ciders and fermented fruit beverages that

may otherwise be sold by the bottle. In addition, the holder of

a limited winery license may sell for consumption on the

licensed premises and at the limited winery's additional board-

approved locations, liquor produced by a licensed distillery or

limited distillery, wine [and], alcoholic cider and fermented

fruit beverages produced by another limited winery and malt or

brewed beverages produced by a licensed brewery. The combined

sales of wine [and], alcoholic cider and fermented fruit

beverages produced by another limited winery, malt or brewed

beverages and liquor may not, on a yearly basis, exceed fifty

per centum of the on-premises sales of the limited winery's own

sales of wine [and], alcoholic cider and fermented fruit

beverages for the preceding calendar year: however, if a limited

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winery did not operate for an entire calendar year during the

preceding year, then its combined sales of wine and alcohol

produced by another limited winery, malt or brewed beverages and

liquor may not, on a yearly basis, exceed fifty per centum of

the on-premises sales of the limited winery's own wine [and],

alcoholic cider and fermented fruit beverages for that year.

(6.2) Sell wine- or liquor-scented candles acquired or

produced by the limited winery.

(6.3) Sell alcoholic cider, fermented fruit beverages, mead,

wine and wine coolers only between the hours of nine o'clock

antemeridian and eleven o'clock postmeridian. A limited winery

also may request approval from the board to extend sales hours

in individual locations at other times during the year or beyond

the limits set forth in this clause. The request shall be made

in writing to the board's Office of the Chief Counsel and shall

detail the exact locations where sales hours are proposed to be

extended, the proposed hours and dates of extended operation and

the reason for the proposed extended hours.

(6.4) Store alcoholic cider, fermented fruit beverages,

mead, wine and wine coolers produced by the limited winery at no

more than two (2) board-approved locations other than the

licensed premises and those premises referenced in clause (3)

pertaining to the five (5) board-approved locations for the sale

of wine, with no bottling or production requirement at those

additional locations and under such conditions and regulations

as the board may enforce. If two (2) or more businesses will

operate out of the same storage facility, the limited winery

must designate specific and distinct areas for its storage. The

limited winery's designated storage area must be secured and no

one other than the licensee and his employees may be allowed

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access to the storage area. No board-approved manager will be

necessary for the storage facility. The limited winery must fill

out an application for such an additional board-approved storage

location, and such location shall count as one of the two

permitted for each limited winery. The limited winery is

responsible for keeping only its own complete records. A limited

winery may be cited for a violation of the recordkeeping

requirements of sections 512 and 513 pertaining to its own

records only.

(b) The total production of alcoholic ciders, fermented

fruit beverages, mead, wine and wine coolers by a limited winery

may not exceed two hundred thousand (200,000) gallons per year.

* * *

Section 505.4. Limited Distilleries and Distilleries.--* * *

(b) (1) The board may issue a limited distillery license

that will allow the holder thereof to operate a distillery that

shall not exceed production of one hundred thousand (100,000)

gallons of distilled liquor per year. The holder of the license

may manufacture and sell bottled liquors produced on the

licensed premises to the board, to entities licensed by the

board and to the public between the hours of nine o'clock

antemeridian and eleven o'clock postmeridian so long as a

specific code of distilled liquor which is listed for sale as a

stock item by the board in State liquor stores may not be

offered for sale at a licensed limited distillery location at a

price which is lower than that charged by the board and under

such conditions and regulations as the board may enforce. The

holder of a limited distillery license may not sell a product or

a substantially similar product which is listed for sale as a

stock item by the board in State Liquor Stores to a licensee at

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a price which is lower than that charged by the board and under

such conditions and regulations as the board may enforce. The

holder of a limited distillery license may also sell wine [and],

alcoholic cider and fermented fruit beverages produced by a

licensed limited winery, liquor produced by a licensed

distillery or limited distillery and malt or brewed beverages

produced by a licensed brewery for on-premises consumption. The

combined sales of wine, malt or brewed beverages and liquor

produced by another licensed distillery or limited distillery

may not, on a yearly basis, exceed fifty per centum of the on-

premises sales of the limited distillery's own sales of liquor

for the preceding calendar year: however, if a limited

distillery did not operate for an entire calendar year during

the preceding year, then its combined sales of wine, malt or

brewed beverages and liquor produced by another licensed

distillery or limited distillery may not, on a yearly basis,

exceed fifty per centum of the on-premises sales of the limited

distillery's own liquor for that year.

* * *

(8) At the discretion of the board the holder of a limited

distillery license may obtain a special permit to participate in

[alcoholic cider,] liquor and food expositions off the licensed

premises. A special permit shall be issued upon proper

application and payment of a fee of thirty dollars ($30) per day

for each day of permitted use, not to exceed thirty (30)

consecutive days. The total number of days for all the special

permits may not exceed one hundred (100) days in any calendar

year. A special permit shall entitle the holder to engage in the

sale by the glass, by the bottle or in case lots of liquor

produced by the permittee under the authority of a limited

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distillery license. Holders of special permits may provide

tasting samples of liquor in individual portions not to exceed

one and one-half (1.5) fluid ounces. Samples at [alcoholic

cider,] liquor and food expositions may be sold or offered free

of charge. Except as provided in this clause, limited

distilleries utilizing special permits shall be governed by all

applicable provisions of this act as well as by all applicable

regulations or conditions adopted by the board. For the purposes

of this clause, ["alcoholic cider, liquor] "liquor and food

expositions" are defined as affairs held indoors or outdoors

with the intent of promoting Pennsylvania products by educating

those in attendance of the availability, nature and quality of

Pennsylvania-produced [alcoholic ciders and] liquors in

conjunction with suitable food displays, demonstrations and

sales. [Alcoholic cider, liquor] Liquor and food expositions may

also include activities other than [alcoholic cider,] liquor and

food displays, including arts and crafts, musical activities,

cultural exhibits, agricultural exhibits and farmers markets.

* * *

section 505 may sell bottled liquors produced on the licensed

premises to the board, to entities licensed by the board and to

the public between the hours of nine o'clock antemeridian and

eleven o'clock postmeridian so long as a specific code of

distilled liquor which is listed for sale as a stock item by the

board in State liquor stores may not be offered for sale at a

licensed distillery location at a price which is lower than that

charged by the board and under such conditions and regulations

as the board may enforce. The holder of a distillery license may

not sell a product or a substantially similar product which is

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listed for sale as a stock item by the board in State Liquor

Stores to a licensee at a price which is lower than that charged

by the board and under such conditions and regulations as the

board may enforce. The holder of a distillery license may also

sell its liquor, wine [and], alcoholic cider and fermented fruit

beverages produced by a licensed limited winery, liquor produced

by a licensed distillery or limited distillery and malt or

brewed beverages produced by a licensed brewery for on-premises

consumption. The combined sales of wine, malt or brewed

beverages and liquor produced by another licensed distillery or

limited distillery may not, on a yearly basis, exceed fifty per

centum of the on-premises sales of the distillery's own sales of

liquor for the preceding calendar year: however, if a distillery

did not operate for an entire calendar year during the preceding

year, then its combined sales of wine, malt or brewed beverages

and liquor produced by another licensed distillery or limited

distillery may not, on a yearly basis, exceed fifty per centum

of the on-premises sales of the distillery's own liquor for that

year.

* * *

SECTION 512. RECORDS TO BE KEPT.--EVERY PERSON HOLDING A

LICENSE ISSUED UNDER THE PROVISIONS OF THIS ARTICLE SHALL KEEP

ON THE LICENSED PREMISES DAILY PERMANENT RECORDS WHICH SHALL

SHOW, (A) THE QUANTITIES OF ANY ALCOHOL OR LIQUOR MANUFACTURED,

PRODUCED, DISTILLED, DEVELOPED, DENATURED, REDISTILLED,

RECOVERED, REUSED, STORED IN BOND, STORED AS BAILEE FOR HIRE,

RECEIVED OR USED IN THE PROCESS OF MANUFACTURE BY HIM, AND OF

ALL OTHER MATERIAL USED IN MANUFACTURING OR DEVELOPING ANY

ALCOHOL OR LIQUOR; (B) THE SALES OR OTHER DISPOSITION OF ANY

ALCOHOL, LIQUOR OR MALT OR BREWED BEVERAGES IF COVERED BY SAID

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LICENSE; (C) THE QUANTITIES THEREOF, IF ANY, STORED IN BOND,

STORED FOR HIRE, OR TRANSPORTED FOR HIRE BY OR FOR THE LICENSEE;

AND (D) THE NAMES AND ADDRESSES OF THE PURCHASERS OR OTHER

RECIPIENTS THEREOF: PROVIDED, HOWEVER, THAT PERSONS HOLDING

LICENSES ISSUED UNDER THE PROVISIONS OF THIS ARTICLE FOR THE

TRANSPORTATION FOR HIRE OF ANY ALCOHOL, LIQUOR OR MALT OR BREWED

BEVERAGES SHALL NOT BE REQUIRED TO KEEP THE ABOVE RECORDS, BUT

SHALL KEEP DAILY PERMANENT RECORDS SHOWING THE NAMES AND

ADDRESSES OF THE PERSONS FROM WHOM ANY ALCOHOL, LIQUOR OR MALT

OR BREWED BEVERAGE WAS RECEIVED AND TO WHOM DELIVERED, AND SUCH

OTHER PERMANENT RECORDS AS THE BOARD SHALL PRESCRIBE[.]:

PROVIDED, HOWEVER, THAT A SALES INVOICE MAY NOT BE REQUIRED FOR

PURCHASES MADE AT A LIMITED WINERY BY A PRIVATE INDIVIDUAL

UNLESS THE PURCHASE IS FOR GREATER THAN 16 LITERS IN A SINGLE

TRANSACTION.

Section 1001. Construction and Applicability.--(a) Except

as provided in subsection (b), unless the context clearly

indicates otherwise, a reference to "malt or brewed beverages"

in a statute shall be construed to include alcoholic cider and

fermented fruit beverages.

(b) Regardless of context, a reference to "malt or brewed

beverages" in Article XX of the act of March 4, 1971 (P.L.6,

No.2), known as the "Tax Reform Code of 1971," shall be

construed to include alcoholic cider and fermented fruit

beverages.

clearly indicates otherwise, a reference to "wine" in a statute

shall be construed to exclude alcoholic cider and fermented

fruit beverages.

(d) Regardless of context, a reference to "wine" in the act

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of December 5, 1933 (Sp.Sess., P.L.38, No.6), known as the

"Spirituous and Vinous Liquor Tax Law," shall be construed to

exclude alcoholic cider and fermented fruit beverages.

SECTION 7. THE PROVISIONS OF 40 PA. CODE § 5.103(B) ARE

ABROGATED INSOFAR AS THEY ARE INCONSISTENT WITH THE AMENDMENT OF

SECTION 512 OF THE ACT.

Section 4 8. This act shall take effect in 60 days. AS

FOLLOWS:

(1) THE AMENDMENT OR ADDITION OF SECTIONS 493.1(E) AND

512 SHALL TAKE EFFECT IMMEDIATELY.

(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

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