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PRINTER'S NO. 2367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2059
Session of
2021
INTRODUCED BY ORTITAY, BOBACK, ROTHMAN, RYAN, JOZWIAK, BROOKS,
JAMES, BERNSTINE, MIHALEK AND KEEFER, NOVEMBER 8, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, NOVEMBER 8, 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. Sections 407(a)(2), 415(a)(9) and (10) and 442(a)
(1)(ii) of the act of April 12, 1951 (P.L.90, No.21), known as
the Liquor Code, amended or added June 5, 2020 (P.L.213, No.29),
are amended to read:
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Section 407. Sale of Malt or Brewed Beverages by Liquor
Licensees.--(a) * * *
(2) If a restaurant liquor license holder has an interior
connection to another business that it operates, the restaurant
liquor license holder may use one or more of the registers in
the other business to sell malt or brewed beverages for off-
premises consumption under the following conditions:
[(i) the building is eleven thousand square feet or less;]
(ii) the registers are located in the same building as the
licensed premises;
(iii) the registers comply with the signage, staffing,
training, carding, scanning and prohibition on the sharing of
data provisions of section 415(a)(8) and (9); and
(iv) the board has been provided notice of compliance with
this paragraph by the restaurant liquor license holder,
including [square footage of the building and] the location of
the specific registers to be used prior to their use.
* * *
Section 415. Wine Expanded Permits.--(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] located on the licensed
premises, which is well designated with signage[, which is
staffed at all times when patrons are on the licensed premises].
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 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
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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.
(10) If a wine expanded permit holder has an interior
connection to another business that it operates, the wine
expanded permit holder may use one or more of the registers in
the other business to sell wine for off-premises consumption
under the following conditions:
[(i) the building is eleven thousand (11,000) square feet or
less;]
(ii) the registers are located in the same building as the
licensed premises;
(iii) the registers comply with the signage, staffing,
training, carding, scanning and prohibition on the sharing of
data provisions of paragraphs (8) and (9); and
(iv) the board has been provided notice of compliance with
this paragraph by the wine expanded permit holder, including
[square footage of the building and] the location of the
specific registers to be used prior to their use.
* * *
Section 442. Retail Dispensers' Restrictions on Purchases
and Sales.--(a) (1) * * *
(ii) If a retail dispenser license holder has an interior
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connection to another business that it operates, the retail
dispenser license holder may use one or more of the registers in
the other business to sell malt or brewed beverages for off-
premises consumption under the following conditions:
[(A) the building is eleven thousand square feet or less;]
(B) the registers are located in the same building as the
licensed premises;
(C) the registers comply with the signage, staffing,
training, carding, scanning and prohibition on the sharing of
data provisions of section 415(a)(8) and (9); and
(D) the board has been provided notice of compliance with
this subparagraph by the retail dispenser license holder,
including [square footage of the building and] the location of
the specific registers to be used prior to their use.
* * *
Section 2. This act shall take effect in 60 days.
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