PRINTER'S NO. 743
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
757
Session of
2021
INTRODUCED BY ORTITAY, CIRESI, ROTHMAN, KEEFER, GLEIM, JAMES AND
ROWE, MARCH 3, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 3, 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 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, amended June 5, 2020
(P.L.213, No.29), is amended by adding a paragraph to read:
Section 407. Sale of Malt or Brewed Beverages by Liquor
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Licensees.--(a) * * *
(4) 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
register shall comply with section 415(a)(8) and (9). A register
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,
amended June 5, 2020 (P.L.213, No.29), 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
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.
* * *
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(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
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.] 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
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eighteen years of age [and], has been trained under section
471.1 and [which] utilizes a transaction scan device for the
sale as set forth in 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. Sales of wine must occur on
the licensed premises. 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.
* * *
(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, amended June 5,
2020 (P.L.213, No.29), is amended by adding a subparagraph to
read:
Section 442. Retail Dispensers' Restrictions on Purchases
and Sales.--(a) (1) * * *
(iv) 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
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of malt or brewed beverages for off-premises consumption. The
register shall comply with section 415(a)(8) and (9). A register
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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