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PRINTER'S NO. 1789
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1615
Session of
2021
INTRODUCED BY TOPPER, JUNE 11, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 11, 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 breweries and for
unlawful acts relative to malt or brewed beverages and
licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 446(a)(1), (2) and (3) and 492(22) of
the act of April 12, 1951 (P.L.90, No.21), known as the Liquor
Code, are amended to read:
Section 446. Breweries.--(a) Holders of a brewery license
may:
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(1) Sell malt or brewed beverages [produced at the location
and owned by the brewery] as provided in this section under such
conditions and regulations as the board may enforce[, to
individuals for consumption on the licensed premises in any
container or package of any volume and to hotel, restaurant,
club and public service liquor licensees]. Malt or brewed
beverages produced [for the holder of a brewery license under a
contract brewing agreement with an out-of-State manufacturer may
be sold to a nonlicensee for on-premises or off-premises
consumption, except that sales to a licensee must be distributed
as provided under section 431(b).] by a brewery at the brewery
location or under a contract brewing agreement with an in-State
manufacturer may be sold by the brewery to nonlicensees for on-
premise or off-premise consumption and to licensees who are
authorized to resell malt or brewed beverages. Sales to
licensees under this paragraph shall comply with the provisions
of this act. Malt or brewed beverages produced for the brewery
under a contract brewing agreement with an out-of-State
manufacturer may only be distributed as provided under paragraph
(3).
(2) Operate a restaurant or brewery pub on the licensed
premises under such conditions and regulations as the board may
enforce: Provided, however, That sales on Sunday may be made
irrespective of the volume of food sales if the licensed
premises are at a public venue location. [The] In addition to
the sales authorized under paragraph (1), the holder of a
brewery license may sell wines, alcoholic cider and fermented
fruit beverages produced by the holder of a limited winery
license, malt or brewed beverages produced by a manufacturer
licensed by the board and liquor produced by a limited
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distillery or distillery licensed by the board: Provided,
however, That said wines, malt or brewed beverages produced by
another manufacturer and liquor must be consumed at the licensed
premises. In addition, the combined sales of wine, malt or
brewed beverages produced by another manufacturer and liquor may
not, on a yearly basis, exceed fifty per centum (50%) of the on-
premises sales of the brewery's own malt or brewed beverages for
the preceding calendar year: however, if a brewery did not
operate for an entire calendar year during the preceding year,
then its combined sales of wine, malt or brewed beverages
produced by another manufacturer and liquor may not, on a yearly
basis, exceed fifty per centum (50%) of the on-premises sales of
the brewery's own malt or brewed beverages for that year.
(3) Use brewery storage and distribution facilities for the
purpose of receiving, storing and distributing malt or brewed
beverages manufactured outside this Commonwealth [if], including
malt or brewed beverages produced for the brewery under a
contract brewing agreement with an out-of-State manufacturer, so
long as the beverages are distributed in this Commonwealth only
through specific importing distributors who shall have first
been given distributing rights for such products in designated
geographical areas through the distribution system required for
out-of-State manufacturers under section 431(b) as well as all
other pertinent sections of this act. The manufacturer of the
beverages must comply with section 444.
* * *
Section 492. Unlawful Acts Relative to Malt or Brewed
Beverages and Licensees.--
It shall be unlawful--
* * *
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(22) Selling or Distributing of Malt or Brewed Beverages.
For the holder of a brewery license to sell or distribute malt
or brewed beverages except as provided under [section 446(a)(1)]
sections 431(b) and 446(a).
Section 2. This act shall take effect in 60 days.
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