Regular Session 2019-2020 House Bill 1644 P.N. 2169

PRINTER'S NO. 2169

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1644

Session of

2019

INTRODUCED BY DOWLING, BERNSTINE, GROVE, MIHALEK, WARNER,

ROTHMAN, MOUL, SANKEY, TOPPER, KAIL AND REESE, JUNE 18, 2019

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 18, 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

licenses and regulations and liquor, alcohol and malt and

brewed beverages, providing for customer convenience permit.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 12, 1951 (P.L.90, No.21), known

as the Liquor Code, is amended by adding a section to read:

Section 417. Customer Convenience Permit.-- (a) The board

shall issue a customer convenience permit to a person holding

and possessing a valid restaurant license upon application.

(b) Every applicant for a customer convenience permit shall

file a written application with the board in the form and

containing the information as the board shall from time to time

prescribe. The application at a minimum shall contain the

following:

(1) a description of any proposed alterations to the

licensed premises or any additional construction plans to be

undertaken after the approval by the board of the permit;

(2) proposed locations for which additional product will be

placed outside the licensed premises, if the board has approved

the operation of another business which has an inside passage or

communication to or with the licensed premises; and

(3) the location of additional registers to be utilized for

a point-of-sale off the licensed premises at an approved

business with an inside passage or communication with the

licensed premises.

act, an applicant shall pay an initial application fee in the

amount of twenty-five thousand dollars ($25,000).

(d) A customer convenience permit is subject to a renewal

fee of twenty-five thousand dollars ($25,000) payable at the

time the renewal application or validation application is filed.

(e) A customer convenience permit entitles the holder to the

following privileges:

(1) Tables and chairs to accommodate thirty (30) persons as

required under section 102 is not a condition of licensing or

renewal of a restaurant license.

(2) The purchase of malt or brewed beverages or wine, if the

licensee also holds a wine expanded permit, for off-premises

consumption may occur at a point of sale other than a point of

sale located on the licensed premises, if:

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(i) T he board has approved the operation of another business

which has an inside passage or communication to or with the

licensed premises.

(ii) The sale is made through a register which is staffed by

a sales clerk who is at least eighteen (18) years of age and has

been trained under section 471.1 and which utilizes a

transaction scan device for the sale.

(iii) The purchase of malt or brewed beverages or wine does

not occur at a point of sale where the customer scans the

customer's own purchases.

(3) Require that any purchases be made for off-premise

consumption only and opt out of permitting customers from

consuming purchases on the licensed premises.

(4) Individual sales of more than one hundred ninety-two

(192) fluid ounces of malt or brewed beverages for consumption

off the premises, so long as any sale does not include original

containers holding more than one hundred ninety-two (192) fluid

ounces.

(5) The holder of a wine expanded permit and customer

convenience permit may make individual sales of more than three

thousand (3,000) milliliters of wine.

(6) Malt or brewed beverages and wine, if the licensee holds

a wine expanded permit, may be displayed on shelving units and

systems and in or on refrigerated cases and equipment, within

the discretion of the licensee at preapproved areas off the

licensed premises, if the board has approved the operation of

another business which has an inside passage or communication to

or with the licensed premises. Any displays off the licensed

premises shall not be designed to attract minors and the manner

and method of display must allow for access by all customers,

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including people who are physically handicapped. All product

displayed in those preapproved areas off the licensed premises

must be able to be locked if the operating hours for the

operation of another business are longer than the legally

permitted time to sell malt or brewed beverages under section

406 or 415, if the licensee also holds a wine expanded permit.

(7) Educational classes, including cooking classes, how-to

classes and seminars regarding the proper or recommended use,

consumption, identification, pairing, appellation, aging,

storage, characteristics, service and presentation of the

alcohol products a licensee offers for sale, during which

classes the incidental consumption of alcohol by registered

participants of lawful age shall be permitted. The class may be

free of charge to participants or may be offered at fee.

(f) Nothing in this section shall affect the ability of an

existing licensee to operate within the scope of its current

license as authorized by this act.

(g) All fees paid to the board under this section shall be

deposited into the General Fund.

Section 2. This act shall take effect in 30 days.

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