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PRINTER'S NO. 1216
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1162
Session of
2021
INTRODUCED BY ROTHMAN, BURGOS, HILL-EVANS, CONKLIN, RYAN, GLEIM,
JAMES, WEBSTER, MOUL, O'NEAL, SAYLOR, ROWE AND BERNSTINE,
APRIL 12, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 12, 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 for liquor, alcohol and malt and
brewed beverages, further providing for malt and brewed
beverages manufactures', distributors' and importing
distributors' licenses, for unlawful acts relative to liquor,
alcohol and liquor licensees and for unlawful acts relative
to malt or brewed beverages and licensees; and, in
distilleries, wineries, bonded warehouses, bailees for hire
and transporters for hire, further providing for exemptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 431(b) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, amended June 5, 2020
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(P.L.213, No.29), is amended to read:
Section 431. Malt and Brewed Beverages Manufacturers',
Distributors' and Importing Distributors' Licenses.--* * *
(b) The board shall issue to any reputable person who
applies therefor, and pays the license fee hereinafter
prescribed, a distributor's or importing distributor's license
for the place which such person desires to maintain for the sale
of malt or brewed beverages, not for consumption on the premises
where sold, and in quantities of not less than a case or
original containers containing one hundred twenty-eight ounces
or more which may be sold separately as prepared for the market
by the manufacturer at the place of manufacture. In addition, a
distributor license holder may sell malt or brewed beverages in
any amount to a person not licensed by the board for off-
premises consumption[.], except that distributors shall not
deliver frozen or partially frozen malt or brewed beverage
products unless the products are delivered in the original
package as provided by the manufacturer. The sales shall not be
required to be in the package configuration designated by the
manufacturer and may be sold in refillable growlers. The board
shall have the discretion to refuse a license to any person or
to any corporation, partnership or association if such person,
or any officer or director of such corporation, or any member or
partner of such partnership or association shall have been
convicted or found guilty of a felony within a period of five
years immediately preceding the date of application for the said
license: And provided further, That, in the case of any new
license or the transfer of any license to a new location, the
board may, in its discretion, grant or refuse such new license
or transfer if such place proposed to be licensed is within
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three hundred feet of any church, hospital, charitable
institution, school or public playground, or if such new license
or transfer is applied for a place which is within two hundred
feet of any other premises which is licensed by the board: And
provided further, That the board shall refuse any application
for a new license or the transfer of any license to a new
location if, in the board's opinion, such new license or
transfer would be detrimental to the welfare, health, peace and
morals of the inhabitants of the neighborhood within a radius of
five hundred feet of the place proposed to be licensed. The
board may enter into an agreement with the applicant concerning
additional restrictions on the license in question. If the board
and the applicant enter into such an agreement, such agreement
shall be binding on the applicant. Failure by the applicant to
adhere to the agreement will be sufficient cause to form the
basis for a citation under section 471 and for the nonrenewal of
the license under section 470. If the board enters into an
agreement with an applicant concerning additional restrictions,
those restrictions shall be binding on subsequent holders of the
license until the license is transferred to a new location or
until the board enters into a subsequent agreement removing
those restrictions. If the application in question involves a
location previously licensed by the board, then any restrictions
imposed by the board on the previous license at that location
shall be binding on the applicant unless the board enters into a
new agreement rescinding those restrictions. The board shall
require notice to be posted on the property or premises upon
which the licensee or proposed licensee will engage in sales of
malt or brewed beverages. This notice shall be similar to the
notice required of hotel, restaurant and club liquor licensees.
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Except as hereinafter provided, such license shall authorize
the holder thereof to sell or deliver malt or brewed beverages
in quantities above specified anywhere within the Commonwealth
of Pennsylvania, which, in the case of distributors, have been
purchased only from persons licensed under this act as
manufacturers or importing distributors, and in the case of
importing distributors, have been purchased from manufacturers
or persons outside this Commonwealth engaged in the legal sale
of malt or brewed beverages or from manufacturers or importing
distributors licensed under this article. In the case of an
importing distributor, the holder of such a license shall be
authorized to store and repackage malt or brewed beverages owned
by a manufacturer at a segregated portion of a warehouse or
other storage facility authorized by section 441(d) and operated
by the importing distributor within its appointed territory and
deliver such beverages to another importing distributor who has
been granted distribution rights by the manufacturer as provided
herein. The importing distributor shall be permitted to receive
a fee from the manufacturer for any related storage, repackaging
or delivery services. In the case of a bailee for hire hired by
a manufacturer, the holder of such a permit shall be authorized:
to receive, store and repackage malt or brewed beverages
produced by that manufacturer for sale by that manufacturer to
importing distributors to whom that manufacturer has given
distribution rights pursuant to this subsection or to purchasers
outside this Commonwealth for delivery outside this
Commonwealth; or to ship to that manufacturer's storage
facilities outside this Commonwealth. The bailee for hire shall
be permitted to receive a fee from the manufacturer for any
related storage, repackaging or delivery services. The bailee
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for hire shall, as required in Article V of this act, keep
complete and accurate records of all transactions, inventory,
receipts and shipments and make all records and the licensed
areas available for inspection by the board and for the
Pennsylvania State Police, Bureau of Liquor Control Enforcement,
during normal business hours.
Each out of State manufacturer of malt or brewed beverages
whose products are sold and delivered in this Commonwealth shall
give distributing rights for such products in designated
geographical areas to specific importing distributors, and such
importing distributor shall not sell or deliver malt or brewed
beverages manufactured by the out of State manufacturer to any
person issued a license under the provisions of this act whose
licensed premises are not located within the geographical area
for which he has been given distributing rights by such
manufacturer. In addition, the holder of a distributor license
may not sell or deliver malt or brewed beverages to any licensee
whose licensed premises is located within the designated
geographical area granted to an importing distributor other than
the importing distributor that sold the malt or brewed beverages
to the distributor. If the licensee purchasing the malt or
brewed beverages from the distributor license holder holds
multiple licenses or operates at more than one location, then
the malt or brewed beverages may not be consumed or sold at
licensed premises located within the designated geographical
area granted to an importing distributor other than the
importing distributor that sold the malt or brewed beverages to
the distributor. Should a licensee accept the delivery of malt
or brewed beverages or transfer malt or brewed beverages in
violation of this section, said licensee shall be subject to a
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suspension of his license for at least thirty days: Provided,
That the importing distributor holding such distributing rights
for such product shall not sell or deliver the same to another
importing distributor without first having entered into a
written agreement with the said secondary importing distributor
setting forth the terms and conditions under which such products
are to be resold within the territory granted to the primary
importing distributor by the manufacturer.
When a Pennsylvania manufacturer of malt or brewed beverages
licensed under this article names or constitutes a distributor
or importing distributor as the primary or original supplier of
his product, he shall also designate the specific geographical
area for which the said distributor or importing distributor is
given distributing rights, and such distributor or importing
distributor shall not sell or deliver the products of such
manufacturer to any person issued a license under the provisions
of this act whose licensed premises are not located within the
geographical area for which distributing rights have been given
to the distributor and importing distributor by the said
manufacturer. In addition, the holder of a distributor license
may not sell or deliver malt or brewed beverages to a licensee
whose licensed premises is located within the designated
geographical area granted to an importing distributor other than
the importing distributor that sold the malt or brewed beverages
to the distributor. If the licensee purchasing the malt or
brewed beverages from the distributor license holder holds
multiple licenses or operates at more than one location, the
malt or brewed beverages may not be consumed or sold at licensed
premises located within the designated geographical area granted
to an importing distributor other than the importing distributor
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that sold the malt or brewed beverages to the distributor. If a
licensee accepts the delivery of malt or brewed beverages or
transfers malt or brewed beverages in violation of this section,
the licensee shall be subject to suspension of his license for
at least thirty days: Provided, That the importing distributor
holding such distributing rights for such product shall not sell
or deliver the same to another importing distributor without
first having entered into a written agreement with the said
secondary importing distributor setting forth the terms and
conditions under which such products are to be resold within the
territory granted to the primary importing distributor by the
manufacturer. Nothing herein contained shall be construed to
prevent any manufacturer from authorizing the importing
distributor holding the distributing rights for a designated
geographical area from selling the products of such manufacturer
to another importing distributor also holding distributing
rights from the same manufacturer for another geographical area,
providing such authority be contained in writing and a copy
thereof be given to each of the importing distributors so
affected.
* * *
Section 2. Sections 491(1) and 492(2) and (3) of the act are
amended and the sections are amended by adding clauses to read:
Section 491. Unlawful Acts Relative to Liquor, Alcohol and
Liquor Licensees.--
It shall be unlawful--
(1) Sales of Liquor. [For] Except as provided under clause
(1.1), for any person, by himself or by an employe or agent, to
expose or keep for sale, or directly or indirectly, or upon any
pretense or upon any device, to sell or offer to sell any liquor
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within this Commonwealth, except in accordance with the
provisions of this act and the regulations of the board. This
clause shall not be construed to prohibit hospitals, physicians,
dentists or veterinarians who are licensed and registered under
the laws of this Commonwealth from administering liquor in the
regular course of their professional work and taking into
account the cost of the liquor so administered in making charges
for their professional service, or a pharmacist duly licensed
and registered under the laws of this Commonwealth from
dispensing liquor on a prescription of a duly licensed
physician, dentist or veterinarian, or selling medical
preparations containing alcohol, or using liquor in compounding
prescriptions or medicines and making a charge for the liquor
used in such medicines, or a manufacturing pharmacist or chemist
from using liquor in manufacturing preparations unfit for
beverage purposes and making a charge for the liquor so used.
All such liquors so administered or sold by hospitals,
physicians, dentists, veterinarians, pharmacists or chemists
shall conform to the Pharmacopoeia of the United States, the
National Formulary, or the American Homeopathic Pharmacopoeia.
This clause shall not be construed to prohibit an executor or an
administrator of a decedent's estate from selling privately or
at public auction liquor which was an asset of the decedent.
This clause shall not be construed to prohibit the practice by a
bed and breakfast homestead or inn of providing one bottle of
wine to its paying guests at check-in while in an overnight
status so long as that wine is produced by a licensed limited
winery as provided for under section 505.2. For purposes of this
paragraph, a "bed and breakfast homestead or inn" shall mean a
private residence that contains ten or fewer bedrooms used for
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providing overnight accommodations to the public and in which
breakfast is the only meal served and is included in the charge
for the room. This clause shall not be construed to prohibit the
practice of a business which is principally engaged in the sale
of gift baskets within this Commonwealth to sell a gift basket
containing nonliquor items and no more than one bottle of wine
which has been lawfully purchased from the board, so long as
that wine is produced by a licensed limited winery as provided
for under section 505.2 and provided that delivery of the gift
basket shall be by a licensed transporter for hire, which shall
keep records as required under section 512 pertaining to the
direct shipment of wine, and provided that the business complies
with the provisions of section 488 relative to requiring proof
of age and labeling advising that the package contains alcohol.
The board shall establish regulations to ensure that State taxes
from the sales will be paid by the estate from the proceeds of
the sale. The board may not prohibit a sale of liquor for the
reason that it was not lawfully acquired prior to January 1,
1934 or has not been purchased from a Pennsylvania Liquor Store
or in compliance with Pennsylvania law.
(1.1) (i) It shall not be a violation of clause (1) if a
person, not located on a licensed premises, operates a
telephonic, web-based or other electronic ordering system used
by the person to coordinate or facilitate orders and deliveries
of, and payment for, wine sold to a nonlicensee of the board, by
and for a restaurant or hotel licensee or liquor sold by the the
board. For the purpose of this subclause, "coordinate or
facilitate" shall mean:
(A) making visible to the general public or any portion or
segment of the general public, through digital or electronic
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commerce, posting on publicly accessible Internet websites and
other means, wine inventories that are offered for sale by
restaurant or hotel licensees or the board and spiritous liquors
offered for sale by the board, provided that the inventories of
products, as well as the prices of the products, shall be
established solely by participating and authorized licensees
under this clause, and the board for retail sales by the board
through a coordinator or facilitator, and neither the available
inventory nor prices shall be modified by the coordinator or
facilitator;
(B) establishing or executing processes and methods for the
general public, or any portion or segment of the general public,
to place orders for wine or spirituous liquor products, as
permitted to be offered for sale by licensees or the board under
this act, through and with the assistance of the coordinator or
facilitator, who or which may be an independent contractor or
contractors;
(C) forwarding to or providing notice of orders for wine or
liquor to participating and authorized licensees or the board
that have been submitted to the coordinator or facilitator;
(D) on behalf of restaurant or hotel licensees and the
board, tracking, organizing, fulfilling or delivering wine or
liquor, for sale by licensees or the board as permitted under
this act, to nonlicensees; and
(E) on behalf of a restaurant and hotel licensees and the
board, billing nonlicensee purchasers for orders of wine and
liquor and receiving payment from purchasers. The coordinator
shall initiate transfer or transmission of the payments to the
licensee or the board in full prior to removal of wine or liquor
from licensee or board premises. A person engaged in
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coordinating and facilitating sale transactions under this
clause shall be referred to as a "coordinator." Multiple
coordinators may provide services to a single or multiple
restaurant and hotel licensees or the board, and the permitted
services may, for a single order or all orders, be delegated or
divided between different coordinators according to factors,
including, but not limited to, geographical considerations, the
specialized nature of the services provided by a particular
coordinator and the type or volume of wine or spirituous liquor
being purchased. Delivery of wine or spirituous liquor under
this clause to a nonlicensee may be coordinated by an
independent, licensed transporter for hire, who or which may be
an independent contractor or contractors, or by the licensee or
the board, provided that if delivery is made by a licensee, the
licensee holds a transporter for hire permit, deliveries under
this clause shall only be made to recipients who are at least 21
years of age. The recipient's age shall be verified with an
approved form of identification, consistent with and as required
by section 495(a), and through the use of a portable ID scanning
device or similar technology prior to the recipient taking
possession of wine or liquor. Licensees engaging third-party
facilitators or coordinators under this clause may not share or
sell sales data to the third parties, except data may be shared
with the third parties to the extent necessary for the third
parties to perform services for licensees or the board. Wine and
spirituous liquor sold through orders taken by a coordinator for
or on behalf of a licensee shall:
(I) be lawfully obtained by the licensee; and
(II) come from inventory located on the licensee's premises.
A coordinator involved in transactions under this clause shall
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initiate the electronic transfer or transmission of the
purchaser's full payment for the purchase of wine or liquor to
the licensee or the board prior to the removal of any wine or
liquor from licensed premises or board premises for delivery to
a nonlicensee. At all times the licensee or board shall be:
(a) solely responsible for establishing and maintaining
their own liquor inventory; and
(b) the actual seller of the liquor sold by the license or
board to its customers. Licensees and the board are authorized
to do all things and take all action themselves that
coordinators are authorized to do under this clause, subject to
the same conditions and as applicable to licensees or the board.
Nothing in this clause shall relieve a licensee from the
requirement to obtain and maintain in good standing a wine
expanded permit for the sale of bottles of wine for off-premises
consumption, whether the sales are made with or without the
assistance of a coordinator, nor shall anything contained in
this clause relieve a licensee from complying with the
requirements regarding sales made by the holder of a wine
expanded permit, including the responsible alcohol management
program certification requirements, except that on-premises
scanning or other examination of a purchaser's proof of age and
an on-premises submission of the purchase price shall not be
required where the purchaser has placed an advance order by a
web page or through other electronic commerce alternative by a
coordinator or by the licensee or board directly. In the event
that the board exercises its ability under this clause to use a
coordinator for orders and deliveries of wine or spirituous
liquors to nonlicensees, the board shall first promulgate
regulations establishing appropriate procedures.
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(ii) A restaurant or hotel licensee, its agents or
employees, or a coordinator, who or which may be an independent
contractor or contractors, may, without the necessity of a party
authorized under this clause holding a transporter for hire
permit, carry to and place in vehicles of nonlicensee recipients
wine, or in the case of the board, wine and liquor, provided:
(A) that the nonlicensee recipient is located in a vehicle
outdoors in an area in close proximity to the licensee's or
board's premises;
(B) in an area designated by obvious signage for curbside
deliveries;
(C) the wine or liquor is lawfully purchased by a
nonlicensee while the nonlicensee is either physically present
and located on licensed or board premises when the order is
placed and paid for, or through an advance order placed and paid
for by a telephonic, web-based or other electronic ordering
system maintained by the licensee or board or a coordinator and
a nonlicensee recipient subsequently appears in person in a
vehicle at the licensee's or the board's designated curbside
pickup area to accept the placement into the person's vehicle of
the wine or liquor that was ordered and paid for earlier; and
(D) the person carrying the wine or liquor to the vehicle
for the transporter for hire permittee shall be at least 21
years of age, in accordance with 18 Pa.C.S. ยง 6308(a) (relating
to purchase, consumption, possession or transportation of liquor
or malt or brewed beverages). Prior to placing wine or liquor in
a vehicle, the licensee or board, or their employee, agent or
coordinator, including independent contractors, shall verify by
examination of authorized proof of age and the use of an
electronic scan device or similar technology that the purchaser
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is at least 21 years of age. The purchaser's age may be verified
either in the licensee's or board's premises, or at the
licensee's or board's designated curbside delivery area. Nothing
in this section shall relieve a licensee from the requirement to
obtain and maintain in good standing a wine expanded permit for
the sale of bottles of wine for off-premises consumption,
whether the sales are made with or without the assistance of a
coordinator, nor shall anything under this clause relieve a
licensee from complying with the requirements regarding sales
made by the holder of a wine expanded permit, except that on-
premises scanning or other examination of a purchaser's proof of
age and an on premises submission of the purchase price shall
not be required where the purchaser has placed an advance order
by a web page or through other electronic commerce alternative
by a coordinator or by the licensee or board directly.
* * *
Section 492. Unlawful Acts Relative to Malt or Brewed
Beverages and Licensees.--
It shall be unlawful--
* * *
(2) Sales of Malt or Brewed Beverages for Consumption on the
Premises. [For] Except as provided under clause (2.1), for any
person, to sell to another for consumption upon the premises
where sold or to permit another to consume upon the premises
where sold, any malt or brewed beverages, unless such person
holds a valid retail dispenser license or a valid liquor license
issued by the board authorizing the sale of malt or brewed
beverages for consumption upon such premises.
(2.1) It shall not be a violation of clause (2) if a person,
not located on licensed premises, operates a telephonic, web-
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based or other electronic ordering system by which the person
facilitates orders and deliveries of malt or brewed beverages on
behalf of a licensee. Delivery under this section may be made by
an independent contractor of the person and shall only be made
to recipients who are at least 21 years of age. The recipient's
age shall be verified prior to the recipients taking possession
of the malt or brewed beverage. The person may provide
telephonic, web-based or other electronic ordering system on
behalf of multiple licensees. Malt or brewed beverages sold
through orders taken by the person: (i) shall be lawfully
obtained by the licensee, and (ii) shall come from inventory
located on the licensee's premises. The person shall transfer or
transmit the purchaser's payment for the purchase of malt or
brewed beverages prior to the licensee releasing the malt or
brewed beverages for delivery, and the licensee shall be
considered the seller of the malt or brewed beverages. A
licensee, its agents and employees, may deliver and carry to the
vehicles of the licensee's customers, located outdoors in an
area immediately adjacent to and designated for the deliveries,
alcohol lawfully purchased by the customer while the customer is
either physically present and located on the licensed premises
or places its order via a telephonic, web-based or other
electronic ordering system. A licensee shall verify the age of
the recipient prior to placing any alcoholic beverage in the
recipient's vehicle.
(3) Sales of Malt or Brewed Beverages Not for Consumption on
the Premises. [For] Except as provided under clause (3.1), for
any person, to sell to another any malt or brewed beverages not
for consumption upon the premises where sold, unless such person
holds a valid license permitting such sale.
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(3.1) (i) It shall not be a violation of any provision of
this act if a person not located on the licensed premises,
operates a telephonic, web-based or other electronic ordering
system by which the person coordinates and facilitates orders
and deliveries of malt or brewed beverages on behalf of a
restaurant, hotel or eating place licensee or an importing
distributor or distributor licensee to nonlicensees of the
board. For the purpose of this section, "coordinate or
facilitate" shall mean:
(A) making visible to the general public or any portion or
segment of the general public, through digital or electronic
commerce, by posting on publicly accessible Internet websites
and other means, the malt or brewed beverages offered for sale
by a restaurant, hotel or eating place licensee or importing
distributor or distributor licensees, as well as the prices of
the products, provided that the prices are established solely by
the restaurant, hotel or eating place licensee or importing
distributor or distributor licensee for sale by the same, with
the assistance or through a coordinator or facilitator, and that
the prices and availability of malt or brewed beverages to be
sold shall not be modified by the coordinator or facilitator;
(B) establishing and executing processes and methods to be
used by the general public, or any portion or segment of the
general public, to place orders for malt or brewed products
offered for sale by restaurant, hotel or eating place licensees
or importing distributor or distributor licensees, with and
through the coordinator or facilitator;
(C) forwarding to or providing notice of orders for malt or
brewed beverages to restaurant, hotel or eating place licensees
or importing distributor or distributor licensees that have been
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submitted to the coordinator or facilitator for the permitted
licensees and the board;
(D) on behalf of restaurant, hotel or eating place licensees
or importing distributor or distributor licensees tracking,
organizing, fulfilling or delivering malt or brewed beverages to
nonlicensees licensees; and
(E) on behalf of restaurant, hotel or eating place licensees
or importing distributor or distributor licensees, billing
nonlicensee purchasers for orders of malt or brewed beverages
that nonlicensees have submitted, and collecting or assisting
with receipt of payments from purchasers. The coordinator shall
initiate the transfer or transmission of the payment to the
restaurant, hotel or eating place licensee or importing
distributor or distributor licensee in full prior to removal of
the malt or brewed beverages from licensed premises. Multiple
coordinators may provide services to a single restaurant, hotel
or eating place licensee or importing distributor or distributor
licensee and the permitted services may, for a single order or
all orders, be delegated or divided between different
coordinators or facilitators according to factors, including,
but not limited to, geographical considerations, the specialized
nature of the services provided by a particular coordinator or
facilitator and the type or volume of malt or brewed beverages
being purchased. A person engaged in coordinating and
facilitating transactions under this clause shall be referred to
as a "coordinator," who or which may be an independent
contractor or contractors. Delivery to nonlicensees under this
clause may be made by the restaurant, hotel or eating place
licensee, importing distributor or distributor licensee, or a
coordinator or other independent contractor or contractors of
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the licensee, provided that any party other than an importing
distributor or distributor that delivers the malt or brewed
beverages must hold a transporter for hire license. Distributor
or importing distributor licensees may also make deliveries on
their own. No deliveries shall be made unless the recipient has
verified that the recipient is at least 21 years of age. The
recipient's age shall be verified by the presentation of an
authorized form of identification, consistent with forms of
identification permitted in this act, and through the use of an
electronic scanning device or similar technology prior to the
recipient taking possession of the malt or brewed beverages. A
coordinator may provide telephonic, web-based or other
electronic ordering and payment systems and deliveries on behalf
of multiple restaurant, hotel or eating place licensees or
importing distributor and distributor licensees. Malt and brewed
beverages sold through orders taken by a coordinator shall:
(I) be lawfully obtained by the restaurant, hotel or eating
place licensee or importing distributor or distributor licensee;
and
(II) come only from inventory located on the licensed
premises of the restaurant, hotel or eating place licensee or
importing distributor or distributor licensee making the sale. A
coordinator involved in transactions under this clause shall
initiate the transfer or transmission to the restaurant, hotel
or eating place licensee or importing distributor or distributor
the purchaser's full payment for the purchase of malt or brewed
beverages prior to the malt or brewed beverages being removed
from the seller's licensed premises for delivery. The
restaurant, hotel or eating place licensee or importing
distributor or distributor that is providing the malt or brewed
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beverages to the consumer shall be the actual seller of the malt
or brewed beverages. Licensees are authorized to do all things
and take all actions themselves that coordinators are authorized
to do under this clause, subject to the same conditions, as
applicable to licensees.
(ii) Without the necessity of the possession of a
transporter for hire permit, a restaurant, hotel or eating place
licensee, their agents and employees, may carry and place malt
or brewed beverages to and in the vehicles of nonlicensees,
provided:
(A) that the nonlicensee's vehicle is located outdoors in an
area in close proximity to the licensed premises;
(B) in an area designated by obvious signage for the
deliveries;
(C) the malt or brewed beverages are lawfully purchased
while the nonlicensee is either physically present and located
on the licensed premises when the order is placed and paid for,
or through an advance order placed and paid for by a telephonic,
web-based or other electronic ordering system and payment for an
order placed in advance may also be made contemporaneously with
a nonlicensed recipient receiving the order of the products at
the licensee's designated curbside area, provided that importing
distributors and distributors may deliver malt or brewed
beverages to the vehicles without the necessity of maintaining a
designated curbside pickup area; and
(D) the person carrying the malt or brewed beverages to the
vehicle for the transporter for hire permittee shall be at least
21 years of age, consistent with 18 Pa.C.S. ยง 6308(a) (relating
to purchase, consumption, possession or transportation of liquor
or malt or brewed beverages) . Prior to placing any malt or
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brewed beverage in the vehicle, the restaurant, hotel or eating
place licensee or importing distributor or distributor licensee
or coordinator, including independent contractors, shall verify
by examination of authorized proof of age and the use of an
electronic scan device or similar technology that the purchaser
is at least 21 years of age. The purchaser's age may be verified
either in the licensee's premises, or at the licensee's
designated curbside delivery area.
* * *
Section 3. Section 502 of the act is amended to read:
Section 502. Exemptions.--(a) No license hereunder shall be
required from any registered pharmacist; or a physician licensed
by the State Board of Medicine; or any person who makes and
sells vinegar, nonalcoholic cider and fruit juices; or any
person who manufactures, stores, sells or transports methanol,
propanol, butanol and amanol; or any person who conducts a
wholesale drug business; or any person who manufactures
alcoholic preparations not fit for use as a beverage, other than
denatured alcohol or for beverage purposes; any person engaged
in the manufacture; possession or sale of patent, patented or
proprietary medicines, toilet, medicinal or antiseptic
preparations unfit for beverage purposes, or solutions or
flavoring extracts or syrups unfit for beverage purposes; or any
person who manufactures or sells paints, varnishes, enamels,
lacquers, stains or paint, or varnish removing or reducing
compounds, or wood fillers; or any person who manufactures any
substance where the alcohol or any liquor is changed into other
chemical substances and does not appear in the finished product
as alcohol or liquor; or any common carrier by railroad which is
subject to regulation by the Pennsylvania Public Utility
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Commission of the Commonwealth of Pennsylvania, or scheduled
common carriers by air of mail and passengers; or any person who
sells, stores or transports alcohol or liquor completely
denatured, as specified by the board; or any person licensed
under Article IV for malt and brewed beverages who manufactures,
distills or otherwise produces alcohol as a byproduct of the
manufacture of any reduced alcohol or nonalcohol malt or brewed
beverage if the byproduct is not intended nor used as a beverage
for human consumption except as part of the malt or brewed
beverage.
(b) In addition to any other privilege under this act,
a transporter for hire permittee or an independent contractor
the transporter for hire permittee, may, on behalf of the board
and any licensee of the board who is authorized to sell liquor
or malt or brewed beverages to nonlicensees of the
board, deliver liquor and malt or brewed beverages to
nonlicensees, provided that the liquor and malt or brewed
beverages originate from the licensee's licensed premises or
board's premises, and are sold by the licensees or board by a
telephonic, web-based or other electronic ordering system
maintained and operated by the licensee or a third party who has
contracted with the licensee or board to coordinate sales by a
telephonic, web-based or other electronic ordering system, or by
direct arrangement with the selling licensee or the board. Sales
under this subsection shall not be subject to section 415(a)(4),
(8) or (9), if, on behalf of the licensee, the transporter for
hire permittee, or independent contractor of the transporter for
hire permittee, verifies the recipient's age at the time of
delivery, by a transaction scan device or similar technology.
The licensee of the board which is the authorized source of the
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liquor or malt or brewed beverages, or the board for sales by
the board, shall be the actual seller of the liquor or malt or
brewed beverages delivered by a transporter for hire or its
independent contractor for a licensee or board. Any transporter
for hire delivering liquor or malt or brewed beverages under
this subsection for any permitted licensee or the board shall
maintain records of all transactions consistent with section
512.
Section 4. This act shall take effect in 60 days.
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