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PRIOR PRINTER'S NOS. 305, 3658
PRINTER'S NO. 3678
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
327
Session of
2019
INTRODUCED BY WARREN, HILL-EVANS, KORTZ, CALTAGIRONE AND
FREEMAN, FEBRUARY 1, 2019
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 29, 2020
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;
and, in licenses and regulations, liquor, alcohol and malt
and brewed beverages, providing for prepared beverages and
mixed drinks for off-premises consumption during disaster
emergency AND REENACTING PROVISIONS RELATING TO LOCAL OPTION.
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, is amended by adding
definitions to read:
Section 102. Definitions.--The following words or phrases,
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unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Prepared beverage and mixed drink" shall mean a sealed
container of no less than four fluid ounces and no greater than
sixty-four fluid ounces in a single transaction that holds
spirits and mixers that are combined on a licensed premises.
* * *
"Sealed container" shall mean a packaged container with a
secure lid or cap designed to prevent consumption without
removal of the lid or cap. A lid with sipping holes or opening
for straws must be covered or affixed with an additional seal
before sale.
* * *
Section 2. The act is amended by adding a section to read:
Section 417. Prepared Beverages and Mixed Drinks for Off-
Premises Consumption During Disaster Emergency.--(a) The
following shall apply:
(1) Notwithstanding any provision of this act, a person
holding and possessing a valid restaurant or hotel liquor
license that lost more than twenty-five per centum (25%) of the
person's average monthly total sales, including alcohol sales,
as a result of restrictions imposed during the COVID-19 disaster
emergency may sell prepared beverages and mixed drinks for off-
premises consumption where meals prepared for pick-up or
curbside pick-up are also available.
(2) Except as provided in this paragraph and paragraph (4),
nothing in this section shall affect the ability of a licensee
to operate within the scope of its current license as authorized
by this act, provided, however, that no sales of prepared
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beverages and mixed drinks for off-premises consumption shall
take place after eleven o'clock postmeridian of any day until
the licensee's permitted hours of operation under section 406 of
the next day, including Sundays if the licensee has a permit
authorized under sections 406(a)(3) and 432(f).
(3) The following licensees are prohibited from selling
prepared beverages and mixed drinks for off-premises consumption
under this section:
(i) A licensee whose underlying license is subject to a
pending objection by the director of the Bureau of Licensing or
the board under section 470(a.1), until the matter is decided.
(ii) A licensee whose underlying license has been suspended
under section 1799.6-E of the act of April 9, 1929 (P.L.343,
No.176), known as "The Fiscal Code."
(4) For purposes of selling prepared beverages and mixed
drinks for off-premises consumption, a licensed premises shall
not be subject to section 493(14).
(5) Withing sixty (60) days of the effective date of this
section, a licensee selling prepared beverages and mixed drinks
for off-premises consumption shall begin utilizing a transaction
scan device to verify the age of an individual who appears to be
under thirty-five (35) years of age before making a sale of
prepared beverages and mixed drinks for off-premises
consumption. A licensee may not sell or share consumers'
personal data from the use of a transaction scan device,
provided that the licensee may share the data with the
enforcement bureau of the board as evidence that the licensee is
in compliance with this paragraph.
(6) A licensee selling prepared beverages or mixed drinks
for off-premise consumption shall prominently post a warning
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sign in a manner that puts consumers on notice of the
restrictions on alcoholic beverages under 75 Pa.C.S. ยง 3809
(relating to restriction on alcoholic beverages), and that the
prepared beverages and mixed drinks packaged for sale by the
licensee are open containers and may only be transported by the
driver of a motor vehicle in the vehicle's trunk or in some
other area of the vehicle that is not occupied by the driver or
passengers.
(b) Notwithstanding any other provision of this section or
provision of law to the contrary, a licensee selling prepared
beverages and mixed drinks for off-premises consumption may only
do so during the COVID-19 disaster emergency and during the
mitigation period after the termination of the disaster
emergency in which a licensee is operating at less than sixty
per centum (60%) capacity.
(c) A licensee may sell liquor to another licensee qualified
to sell prepared beverages and mixed drinks under this section.
The licensee shall notify the board in writing advising it of
the name of the licensee and identifying any product sold to
that licensee, as well as the description of the liquor,
including brand names, sizes and numbers of containers sold to
another licensee. The sales may only occur during the COVID-19
disaster emergency and during the mitigation period after the
termination of the disaster emergency in which a licensee is
operating at less than sixty per centum (60%) capacity.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"COVID-19 disaster emergency" shall mean the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
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published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of
the state of disaster emergency.
"Licensee" shall mean a person holding and possessing a valid
restaurant or hotel liquor license authorized to sell prepared
beverages or mixed drinks for off-premise consumption under
subsection (a)(1).
"Transaction scan device" shall mean a device capable of
deciphering, in an electronically readable format, the
information encoded on the magnetic strip, chip or bar code of
an identification card under section 495(a).
SECTION 3. SECTION 472(A) OF THE ACT IS REENACTED TO READ:
SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY
PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT
EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN
ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), NOT OFTENER
THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS
WITH RESPECT TO THE GRANTING OF LIQUOR LICENSES TO HOTELS,
RESTAURANTS, RESORT FACILITIES AND CLUBS, NOT OFTENER THAN ONCE
IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
RESPECT TO THE GRANTING OF LIQUOR LICENSES TO PUBLIC VENUES, TO
PERFORMING ARTS FACILITIES, TO CONTINUING CARE RETIREMENT
COMMUNITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY AN
ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE
GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, NOT
OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE
ELECTORS WITH RESPECT TO THE GRANTING OF LICENSES TO RETAIL
DISPENSERS OF MALT AND BREWED BEVERAGES, NOT OFTENER THAN ONCE
IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
RESPECT TO GRANTING OF LICENSES TO WHOLESALE DISTRIBUTORS AND
IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN TWO YEARS, TO
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DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING
OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES TO
INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, NOT
OFTENER THAN ONCE IN TWO YEARS TO DETERMINE THE WILL OF THE
ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL OCCASION
PERMITS TO QUALIFIED ORGANIZATIONS, NOT MORE THAN ONCE IN FOUR
YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE
ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE BOARD OF
PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH
MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, OR NOT MORE THAN
ONCE IN TWO YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
RESPECT TO THE GRANTING OF LIQUOR LICENSES TO SKI RESORT
FACILITIES, UNDER THE PROVISIONS OF THIS ACT: PROVIDED, THAT AN
ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE
LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR
THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST
THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE
QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING
DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE
MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE
AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S
LICENSES. EXCEPT FOR A MUNICIPALITY OR PART OF A SPLIT
MUNICIPALITY LOCATED IN A COUNTY OF THE SECOND CLASS A, WHENEVER
ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER CENTUM OF THE HIGHEST
VOTE CAST FOR ANY OFFICE IN THE MUNICIPALITY OR PART OF A SPLIT
MUNICIPALITY AT THE LAST PRECEDING GENERAL ELECTION SHALL FILE A
PETITION WITH THE COUNTY BOARD OF ELECTIONS OF THE COUNTY FOR A
REFERENDUM ON THE QUESTION OF GRANTING ANY OF SAID CLASSES OF
LICENSES OR THE ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE
SAID COUNTY BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE
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PLACED ON THE BALLOTS OR ON THE VOTING MACHINE BOARD AND
SUBMITTED AT ANY ELECTION. IN A COUNTY OF THE SECOND CLASS A,
WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER CENTUM OF
THE HIGHEST VOTE CAST FOR ANY OFFICE IN A MUNICIPALITY OR PART
OF A SPLIT MUNICIPALITY AT THE LAST PRECEDING GENERAL ELECTION,
OR WHENEVER FIVE HUNDRED ELECTORS OF A MUNICIPALITY OR PART OF A
SPLIT MUNICIPALITY, WHICHEVER IS LESS, SIGN A PETITION FOR A
REFERENDUM ON THE QUESTION OF GRANTING ANY OF THE SAID CLASSES
OF LICENSES OR THE ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES
AND FILE THE PETITION WITH THE COUNTY BOARD OF ELECTIONS, THE
SAID COUNTY BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE
PLACED ON THE BALLOTS OR ON THE VOTING MACHINE BOARD AND
SUBMITTED AT ANY ELECTION. SEPARATE PETITIONS MUST BE FILED FOR
EACH QUESTION TO BE VOTED ON. SAID PROCEEDINGS SHALL BE IN THE
MANNER AND SUBJECT TO THE PROVISIONS OF THE ELECTION LAWS WHICH
RELATE TO THE SIGNING, FILING AND ADJUDICATION OF NOMINATION
PETITIONS, INSOFAR AS SUCH PROVISIONS ARE APPLICABLE.
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR THE
SALE OF LIQUOR IN......................................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES TO RESORT FACILITIES IN THOSE MUNICIPALITIES THAT DO
NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE
FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO RESORT
FACILITIES FOR THE SALE OF LIQUOR IN THE...............
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
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LICENSES TO SKI RESORTS IN THOSE MUNICIPALITIES THAT DO NOT
ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE
FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO SKI
RESORT FACILITIES FOR THE SALE OF LIQUOR IN THE
..................OF ................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT
LIQUOR LICENSES FOR USE AT PUBLIC VENUES IN THOSE MUNICIPALITIES
THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE
IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO PUBLIC
VENUES FOR THE SALE OF LIQUOR IN THE...................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT
LIQUOR LICENSES FOR USE AT PERFORMING ARTS FACILITIES IN THOSE
MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF
ALCOHOL, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO
PERFORMING ARTS FACILITIES FOR THE SALE OF LIQUOR IN
THE...................................................
OF...................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES FOR HOTELS LOCATED ON PROPERTY OWNED BY AN ACCREDITED
COLLEGE OR UNIVERSITY IN THOSE MUNICIPALITIES THAT DO NOT
ALREADY ALLOW THE GRANTING OF LIQUOR LICENSES, IT SHALL BE IN
THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO HOTELS
ON PROPERTY OWNED BY AN ACCREDITED COLLEGE OR
UNIVERSITY IN THE.....................................
OF...................................................?
YES
NO
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WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE
IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE OF
LIQUOR IN....................BY........................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE
IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE OF
LIQUOR IN....................BY........................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES TO CONTINUING CARE RETIREMENT COMMUNITIES IN THOSE
MUNICIPALITIES THAT HAVE NOT ALREADY APPROVED THE GRANTING OF
LIQUOR LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
CONTINUING CARE RETIREMENT COMMUNITIES
IN...........................BY........................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES
TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE
IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF MALT AND BREWED BEVERAGE
RETAIL DISPENSER LICENSES FOR CONSUMPTION ON PREMISES
WHERE SOLD IN THE.....................................
OF...................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES
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TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND
IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF MALT AND BREWED BEVERAGE
WHOLESALE DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S
LICENSES NOT FOR CONSUMPTION ON PREMISES WHERE SOLD IN
THE...................................................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB
LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES TO
INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS
IN THE.................................................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB
RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL
VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER
LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
ORGANIZATIONS IN THE...................................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL
OCCASION PERMITS ALLOWING THE SALE OF LIQUOR BY QUALIFIED
ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE
RETAIL SALE OF LIQUOR, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS
TO ALLOW THE SALE OF LIQUOR BY QUALIFIED ORGANIZATIONS
IN THE.................................................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL
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OCCASION PERMITS ALLOWING THE SALE OF MALT OR BREWED BEVERAGES
ONLY BY QUALIFIED ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT
ALREADY ALLOW THE RETAIL SALE OF MALT OR BREWED BEVERAGES, IT
SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS
TO ALLOW THE SALE OF MALT OR BREWED BEVERAGES ONLY BY
QUALIFIED ORGANIZATIONS IN THE.........................
OF....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT,
OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL
BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE ESTABLISHMENT, OPERATION AND
MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IN
THE...................................................
OF...................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
LICENSES TO AN AIRPORT AUTHORITY IN THOSE MUNICIPALITIES THAT DO
NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE
FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO AN
AIRPORT AUTHORITY FOR THE SALE OF LIQUOR IN
THE...................................................
OF...................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF BREWERY
LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF BREWERY LICENSES FOR THE
SALE OF MALT OR BREWED BEVERAGES BY THE CASE, BY THE
KEG AND BY THE GLASS FOR CONSUMPTION ON PREMISES, PLUS
THE SALE OF WINE AND SPIRITS BY THE GLASS FOR
CONSUMPTION ON PREMISES,
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IN.....................................................
BY....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF BREWERY
STORAGE LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF BREWERY STORAGE LICENSES
FOR THE SALE OF MALT OR BREWED BEVERAGES BY THE CASE, BY
THE KEG AND BY THE GLASS FOR CONSUMPTION ON PREMISES,
PLUS THE SALE OF WINE AND SPIRITS BY THE GLASS FOR
CONSUMPTION ON PREMISES, IN............................
BY....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIMITED
DISTILLERY LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF LIMITED DISTILLERY LICENSES
FOR THE SALE OF SPIRITS BY THE BOTTLE TO GO AND BY THE
GLASS FOR CONSUMPTION ON PREMISES, PLUS THE SALE OF WINE
AND MALT OR BREWED BEVERAGES FOR CONSUMPTION ON
PREMISES, IN...........................................
BY....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF ADDITIONAL
LICENSES FOR BOARD-APPROVED LIMITED DISTILLERY LOCATIONS, IT
SHALL BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF ADDITIONAL LICENSES FOR
BOARD-APPROVED LIMITED DISTILLERY LOCATIONS FOR THE SALE
OF SPIRITS BY THE BOTTLE TO GO AND BY THE GLASS FOR
CONSUMPTION ON PREMISES, PLUS THE SALE OF WINE AND MALT
OR BREWED BEVERAGES FOR CONSUMPTION ON PREMISES,
IN.....................................................
BY....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIMITED
WINERY LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
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DO YOU FAVOR THE GRANTING OF LIMITED WINERY LICENSES FOR
THE SALE OF WINE BY THE BOTTLE TO GO AND BY THE GLASS
FOR CONSUMPTION ON PREMISES, PLUS THE SALE OF SPIRITS
AND MALT OR BREWED BEVERAGES FOR CONSUMPTION ON
PREMISES,
IN.....................................................
BY....................................................?
YES
NO
WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF ADDITIONAL
LICENSES FOR BOARD-APPROVED LIMITED WINERY LOCATIONS, IT SHALL
BE IN THE FOLLOWING FORM:
DO YOU FAVOR THE GRANTING OF ADDITIONAL LICENSES FOR
BOARD-APPROVED LIMITED WINERY LOCATIONS FOR THE SALE OF
WINE BY THE BOTTLE TO GO AND BY THE GLASS FOR
CONSUMPTION ON PREMISES, PLUS THE SALE OF SPIRITS AND
MALT OR BREWED BEVERAGES FOR CONSUMPTION ON PREMISES,
IN.....................................................
BY....................................................?
YES
NO
IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A
MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"
THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,
RESTAURANTS, SKI RESORTS, RESORT FACILITIES AND CLUBS, OR LIQUOR
LICENSES SHALL BE GRANTED BY THE BOARD TO PUBLIC VENUES, TO
PERFORMING ARTS FACILITIES, TO CONTINUING CARE RETIREMENT
COMMUNITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY AN
ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE
GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT
AND BREWED BEVERAGE RETAIL DISPENSER LICENSES OR WHOLESALE
DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE
OF MALT OR BREWED BEVERAGES SHALL BE GRANTED BY THE BOARD, OR
CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES SHALL BE
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GRANTED BY THE BOARD TO INCORPORATED UNITS OF NATIONAL VETERANS'
ORGANIZATIONS, OR SPECIAL OCCASION PERMITS MAY BE ISSUED TO
QUALIFIED ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND
MAINTAIN PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH
MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY
THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH
QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT
OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO
VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY;
OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE
ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR
STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA
LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT
MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING
PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT
MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE
EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY
SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A
LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON
SUCH QUESTION.
* * *
Section 3 4. This act shall take effect immediately.
20190HB0327PN3678 - 14 -
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