Regular Session 2019-2020 House Bill 2406 P.N. 3556

PRINTER'S NO. 3556

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2406

Session of

2020

INTRODUCED BY ORTITAY, ROTHMAN, MIHALEK, JAMES, TURZAI,

DONATUCCI, ROZZI, CIRESI AND DeLUCA, APRIL 14, 2020

REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 14, 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

licenses and regulations and liquor, alcohol and malt and

brewed beverages, further providing for sale of malt or

brewed beverages by liquor licensees, for wine expanded

permits and for retail dispensers' restrictions on purchases

and sales.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 407(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, is amended to read:

Section 407. Sale of Malt or Brewed Beverages by Liquor

Licensees.--(a) (1) Every liquor license issued to a hotel,

restaurant, club, or a railroad, pullman or steamship company

under this subdivision (A) for the sale of liquor shall

authorize the licensee to sell malt or brewed beverages at the

same places but subject to the same restrictions and penalties

as apply to sales of liquor, except that licensees other than

clubs may sell malt or brewed beverages for consumption off the

premises where sold in quantities of not more than one hundred

ninety-two fluid ounces in a single sale to one person. The

sales may be made in either open or closed containers, Provided,

however, That a municipality may adopt an ordinance restricting

open containers in public places. No licensee under this

subdivision (A) shall at the same time be the holder of any

other class of license, except a retail dispenser's license

authorizing the sale of malt or brewed beverages only.

(2) Sales of malt or brewed beverages shall occur on

licensed premises. A licensee may use a register that is not

located on the licensed portion of the premises but is located

within the same building as the licensed premises for the sale

of malt or brewed beverages for off-premises consumption. The

used for the sale of malt or brewed beverages for off-premises

consumption may be used for the sale of liquid fuels or oils.

* * *

Section 2. Section 415(a)(4), (7), (8) and (9) of the act

are amended and the section is amended by adding a subsection to

read:

Section 415. Wine Expanded Permits.--(a) * * *

(4) If the board has approved the operation of another

business which has an inside passage or communication to or with

the licensed premises, the display, sale, storage and purchase

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of wine and malt and brewed beverages shall be [confined

strictly to the premises, in a specifically designated area

covered by the license.] permitted in any area of the business

which is connected to the licensed premises by an interior

connection or connections approved by the board. A licensed or

unlicensed area or areas that are located within the same

building as the licensed premises and operated or controlled by

the same licensee, his officers, servants, agents or employees

are not required to be contiguous to any other licensed or

unlicensed area. The purchase of goods obtained from the

unlicensed area of the premises shall be permitted in the

licensed area.

* * *

(7) A wine expanded permit holder may store wine in a

licensed noncontiguous area that is not accessible to the public

and is:

(i) locked at all times when not being accessed by the

licensees' employees;

(ii) not accessible to employees under eighteen years of

age; and

(iii) identified by dimensions and locations on forms

submitted to the board.

(8) [A] Unless presented with a valid armed forces of the

United States identification card, a wine expanded permit holder

shall utilize a transaction scan device to verify the age of an

individual who appears to be under thirty-five years of age

[before making a sale of wine] at the point of sale or the point

of delivery of wine. A wine expanded permit holder may not sell

or share data from the use of a transaction scan device,

provided that the licensee may use the data to show the

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enforcement bureau of the board that the licensee is in

compliance with this act. As used in this paragraph, the term

"transaction scan device" means a device capable of deciphering,

in an electronically readable format, the information encoded on

the magnetic strip or bar code of an identification card under

section 495(a).

(9) A sale of wine by a wine expanded permit holder shall be

made through a register[, which malt or brewed beverages and

restaurant foods sales are made on the licensed premises, which

is well designated with signage, which is staffed at all times

when patrons are on the licensed premises, which is staffed]

located on the licensed premises, which is well designated with

signage. The actual sale shall be conducted by a sales clerk who

is at least eighteen years of age [and], has been trained under

section 471.1 and [which] utilizes a transaction scan device for

the sale[.] as provided under paragraph (8). A sales clerk who

is under eighteen years of age may operate a register if the

sales clerk is presented with wine or malt or brewed beverages

to be purchased by a customer and obtains the assistance of an

employee who is at least eighteen years of age and the sale

otherwise conforms to the requirements under this section. The

sale of wine may not occur at a point of sale where the customer

scans the customer's own purchases. A wine expanded permit

holder may use a register that is not located on the licensed

portion of the premises but is located within the same building

as the licensed premises so long as the sale otherwise conforms

to the requirements provided under this subsection. A register

used for the sale of wine may be used for the sale of liquid

fuels or oils.

* * *

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(h) A wine expanded permit holder that sells a wine product

for off-premises consumption shall be exempt from section

406(g).

Section 3. Section 442(a)(1) of the act is amended to read:

Section 442. Retail Dispensers' Restrictions on Purchases

and Sales.--(a) (1) (i) No retail dispenser shall purchase or

receive any malt or brewed beverages except in original

containers as prepared for the market by the manufacturer at the

place of manufacture. The retail dispenser may thereafter break

the bulk upon the licensed premises and sell or dispense the

same for consumption on or off the premises so licensed. No

retail dispenser may sell malt or brewed beverages for

consumption off the premises in quantities in excess of one

hundred ninety-two fluid ounces. Sales may be made in open or

closed containers, Provided, however, That a municipality may

adopt an ordinance restricting open containers in public places.

No club licensee may sell any malt or brewed beverages for

consumption off the premises where sold or to persons not

members of the club.

(ii) Sales of malt or brewed beverages shall occur on

licensed premises. A licensee may use a register that is not

located on the licensed portion of the premises but is located

within the same building as the licensed premises for the sale

of malt or brewed beverages for off-premises consumption. The

used for the sale of malt or brewed beverages for off-premises

consumption may be used for the sale of liquid fuels or oils.

* * *

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

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