PRINTER'S NO. 413
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
452
Session of
2021
INTRODUCED BY DEASY, ISAACSON, HOHENSTEIN, HILL-EVANS, SANCHEZ,
FREEMAN, McNEILL, ZABEL, A. DAVIS, D. WILLIAMS, SNYDER,
LONGIETTI, T. DAVIS, DRISCOLL, KIRKLAND, HOWARD, NEILSON,
GALLOWAY, CIRESI, WEBSTER, O'MARA, MALAGARI, SCHWEYER,
SAINATO AND PISCIOTTANO, FEBRUARY 9, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 9, 2021
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 licensed places may
be closed during period of emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 462 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended to read:
Section 462. Licensed Places May Be Closed During Period of
Emergency.--(a) The board may, with the approval of the
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Governor[,];
[(a)] (1) Temporarily close all licensed places within any
municipality during any period of emergency proclaimed to be
such by the Governor.
[(b)] (2) Advance by one hour the hours prescribed in this
act as the hours during which liquor and malt or brewed
beverages may be sold in any municipality during such part of
the year when daylight saving time may be observed generally in
such municipality.
(b) Notwithstanding any other provision of this act, in
addition to the authority specified in subsection (a), during
the proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency, the following
shall apply:
(1) Upon receipt of a request from a licensed club, catering
club, restaurant, retail dispenser, hotel, limited distillery,
distillery, brewery or limited winery, the board may temporarily
extend the licensed premises of the applicant to include any
outside serving area that is:
(i) immediately adjacent to the existing licensed areas; or
(ii) within one thousand feet of the main licensed building,
notwithstanding the fact that the area to be temporarily
licensed and the main licensed building are separated by a
public thoroughfare.
(2) The board shall grant immediate operating authority to
the applicant to use the outside area subject to the request
while the board processes the request.
(3) The operating authority shall expire at the earliest of
any of the following:
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(i) A valid protest is received.
(ii) The board determines that the proposed area does not
meet the requirements of this act and board regulations for the
licensing of the area in question.
(iii) The state of disaster emergency is terminated or
expires under 35 Pa.C.S. ยง 7301(c) (relating to general
authority of Governor).
(4) No filing fee shall be required from the applicant.
(5) The board may require the applicant to provide any
information that the board deems relevant.
Section 2. This act shall take effect immediately.
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