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05/23/2024 07:33 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=39189
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 9, 2023 03:34 PM
From: Representative Marci Mustello
To: All House members
Subject: Safe Online Ordering and Local Delivery of Beer and Wine
 
Online grocery shopping is a rapidly growing trend.  People find it quick and convenient, and it is expected that by 2023, total digital grocery sales in the U.S. is expected to grow to $59.5 billion.  As this trend continues, there is an increasing demand and preference for beer and wine deliveries as part of an online order.
 
Under current Pennsylvania law, beer delivery is acceptable in some instances; however, restaurant licensees with Wine Expanded Permits (WEPs) are not permitted to deliver wine to customers.
 
In our state, it is well established that grocery stores that offer restaurant seating can hold restaurant liquor licenses and Wine Expanded Permits (WEPS), but if a resident of Pennsylvania orders groceries from their local store, the store cannot easily deliver beer and cannot deliver wine to their customers at all, as grocers in many other states are permitted to do.

In the near future, I plan to re-introduce legislation that would fix this problem for WEP holders, by permitting beer and wine delivery by WEP licensees and third parties who hold LCB-licensed Transporter-for-Hire permits through an on-line ordering and delivery platforms that they establish. It would also grant these rights to beer distributors and enhance the state’s online retail ordering process by offering another mechanism for local delivery from state stores. 
 
During the COVID-19 crisis, Pennsylvania residents have learned that ordering groceries on-line and receiving their groceries via local delivery can be an easy solution in their hectic lives, and there is no good reason why beer and wine should not be included in the delivery of groceries.
 
Paradoxically, under existing laws, wine can be shipped directly to consumers’ homes from sources all over the world.  Wineries located outside of Pennsylvania that possess appropriate PLCB-issued permits ship wine to PA residents every day.  This language merely permits beer and wine delivery from local licensees by a WEP holder or licensed third-party facilitator.  Currently the Liquor Code permits businesses outside of the Commonwealth to use a third party to direct ship their product but does not provide the same privilege for many local businesses.

This legislation provides specific exemptions that permit the safe, responsible sale and delivery of wine and beer from both WEP holders and beer distributors. In order to do this, the bill clarifies elements of the Liquor Code pertaining to timing and location of transaction as well as age verification. The bill also ensures that licensee responsibility is maintained over all aspects of the transaction while confirming a Transporter-for-Hire’s authority to deliver.

Please join me in co-sponsoring this important piece of legislation.
 



Introduced as HB41