Trial Engrossment of Amendment A05282 to House Bill 0327 P.N. 0305, Regular Session 2019-2020

A05282

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

327

Session of

2019

INTRODUCED BY WARREN, HILL-EVANS, KORTZ, CALTAGIRONE AND

FREEMAN, FEBRUARY 1, 2019

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 1, 2019

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, liquor, alcohol and malt and brewed

beverages, further providing for local option. in preliminary

provisions, further providing for definitions; and, in

licenses and regulations, liquor, alcohol and malt and brewed

beverages, providing for prepared beverages and mixed drinks

for off-premises consumption during disaster emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 472(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, is amended to read:

Section 472. Local Option.--(a) In any municipality or any

part of a municipality where such municipality is split so that

each part thereof is separated by another municipality, an

election may be held, subject to subsection (c), not oftener

than once in four years, to determine the will of the electors

with respect to the granting of liquor licenses to hotels,

restaurants, resort facilities and clubs, not oftener than once

in four years, to determine the will of the electors with

respect to the granting of liquor licenses to public venues, to

performing arts facilities, to continuing care retirement

communities, to hotels located on property owned by an

accredited college or university, to privately-owned private

golf courses or to privately-owned public golf courses, not

oftener than once in four years, to determine the will of the

electors with respect to the granting of licenses to retail

dispensers of malt and brewed beverages, not oftener than once

in four years, to determine the will of the electors with

respect to granting of licenses to wholesale distributors and

importing distributors, not more than once in two years, to

determine the will of the electors with respect to the granting

of club liquor licenses or club retail dispenser licenses to

incorporated units of national veterans' organizations, not

oftener than once in two years to determine the will of the

electors with respect to the granting of special occasion

permits to qualified organizations, not more than once in four

years, to determine the will of the electors with respect to the

establishment, operation and maintenance by the board of

Pennsylvania liquor stores, within the limits of such

municipality or part of a split municipality, or not more than

once in two years, to determine the will of the electors with

respect to the granting of liquor licenses to ski resort

facilities, under the provisions of this act: Provided, That an

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election on the question of establishing and operating a State

liquor store shall be initiated only in those municipalities, or

that part of a split municipality that shall have voted against

the granting of liquor licenses; and that an election on the

question of granting wholesale distributor and importing

distributor licenses shall be initiated only in those

municipalities or parts of split municipalities that shall have

at a previous election voted against the granting of dispenser's

licenses. Whenever electors equal to at least twenty-five per

centum of the highest vote cast for any office in the

municipality or part of a split municipality at the last

preceding [general] election shall file a petition with the

county board of elections of the county for a referendum on the

question of granting any of said classes of licenses or the

establishment of Pennsylvania liquor stores, the said county

board of elections shall cause a question to be placed on the

ballots or on the voting machine board and submitted at any

election, except a special election. Separate petitions must be

filed for each question to be voted on. Said proceedings shall

be in the manner and subject to the provisions of the election

laws which relate to the signing, filing and adjudication of

nomination petitions, with respect to a question to be placed on

the ballot in a primary election, and nomination papers, with

respect to a question to be placed on the ballot in a municipal

or general election, in each case insofar as such provisions are

applicable.

When the question is in respect to the granting of liquor

licenses, it shall be in the following form:

Do you favor the granting of liquor licenses for the

sale of liquor in...................................... Yes

A05282 - 3 -

of....................................................? No

When the question is in respect to the granting of liquor

licenses to resort facilities in those municipalities that do

not already allow the retail sale of liquor, it shall be in the

following form:

Do you favor the granting of liquor licenses to resort

facilities for the sale of liquor in the...............

of....................................................?

Yes

When the question is in respect to the granting of liquor

licenses to ski resorts in those municipalities that do not

already allow the retail sale of liquor, it shall be in the

following form:

Do you favor the granting of liquor licenses to ski

resort facilities for the sale of liquor in the

..................of ................................?

Yes

When the question is in respect to the granting of restaurant

liquor licenses for use at public venues in those municipalities

that do not already allow the retail sale of liquor, it shall be

in the following form:

Do you favor the granting of liquor licenses to public

venues for the sale of liquor in the...................

of....................................................?

Yes

When the question is in respect to the granting of restaurant

liquor licenses for use at performing arts facilities in those

municipalities that do not already allow the retail sale of

alcohol, it shall be in the following form:

Do you favor the granting of liquor licenses to

performing arts facilities for the sale of liquor in

the...................................................

of...................................................?

Yes

A05282 - 4 -

When the question is in respect to the granting of liquor

licenses for hotels located on property owned by an accredited

college or university in those municipalities that do not

already allow the granting of liquor licenses, it shall be in

the following form:

Do you favor the granting of liquor licenses to hotels

on property owned by an accredited college or

university in the.....................................

of...................................................?

Yes

When the question is in respect to the granting of liquor

licenses, for privately-owned private golf courses, it shall be

in the following form:

Do you favor the granting of liquor licenses for

privately-owned private golf courses for the sale of

liquor in....................by........................

of....................................................?

Yes

When the question is in respect to the granting of liquor

licenses, for privately-owned public golf courses, it shall be

in the following form:

Do you favor the granting of liquor licenses for

privately-owned public golf courses for the sale of

liquor in....................by........................

of....................................................?

Yes

When the question is in respect to the granting of liquor

licenses to continuing care retirement communities in those

municipalities that have not already approved the granting of

liquor licenses, it shall be in the following form:

Do you favor the granting of liquor licenses for

continuing care retirement communities

in...........................by........................ Yes

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of....................................................? No

When the question is in respect to the granting of licenses

to retail dispensers of malt and brewed beverages, it shall be

in the following form:

Do you favor the granting of malt and brewed beverage

retail dispenser licenses for consumption on premises

where sold in the.....................................

of...................................................?

Yes

When the question is in respect to the granting of licenses

to wholesale distributors of malt or brewed beverages and

importing distributors, it shall be in the following form:

Do you favor the granting of malt and brewed beverage

wholesale distributor's and importing distributor's

licenses not for consumption on premises where sold in

the...................................................

of....................................................?

Yes

When the question is in respect to the granting of club

liquor licenses to incorporated units of national veterans'

organizations, it shall be in the following form:

Do you favor the granting of club liquor licenses to

incorporated units of national veterans' organizations

in the.................................................

of....................................................?

Yes

When the question is in respect to the granting of club

retail dispenser licenses to incorporated units of national

veterans' organizations, it shall be in the following form:

Do you favor the granting of club retail dispenser

licenses to incorporated units of national veterans'

organizations in the...................................

of....................................................?

Yes

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When the question is in respect to the granting of special

occasion permits allowing the sale of liquor by qualified

organizations in municipalities that do not already allow the

retail sale of liquor, it shall be in the following form:

Do you favor the granting of special occasion permits

to allow the sale of liquor by qualified organizations

in the.................................................

of....................................................?

Yes

When the question is in respect to the granting of special

occasion permits allowing the sale of malt or brewed beverages

only by qualified organizations in municipalities that do not

already allow the retail sale of malt or brewed beverages, it

shall be in the following form:

Do you favor the granting of special occasion permits

to allow the sale of malt or brewed beverages only by

qualified organizations in the.........................

of....................................................?

Yes

When the question is in respect to the establishment,

operation and maintenance of Pennsylvania liquor stores it shall

be in the following form:

Do you favor the establishment, operation and

maintenance of Pennsylvania liquor stores in

the...................................................

of...................................................?

Yes

When the question is in respect to the granting of liquor

licenses to an airport authority in those municipalities that do

not already allow the retail sale of liquor, it shall be in the

following form:

Do you favor the granting of liquor licenses to an

airport authority for the sale of liquor in

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the...................................................

of...................................................?

Yes

In case of a tie vote, the status quo shall obtain. If a

majority of the voting electors on any such question vote "yes,"

then liquor licenses shall be granted by the board to hotels,

restaurants, ski resorts, resort facilities and clubs, or liquor

licenses shall be granted by the board to public venues, to

performing arts facilities, to continuing care retirement

communities, to hotels located on property owned by an

accredited college or university, to privately-owned private

golf courses or to privately-owned public golf courses, or malt

and brewed beverage retail dispenser licenses or wholesale

distributor's and importing distributor's license for the sale

of malt or brewed beverages shall be granted by the board, or

club liquor licenses or club retail dispenser licenses shall be

granted by the board to incorporated units of national veterans'

organizations, or special occasion permits may be issued to

qualified organizations, or the board may establish, operate and

maintain Pennsylvania liquor stores, as the case may be, in such

municipality or part of a split municipality, as provided by

this act; but if a majority of the electors voting on any such

question vote "no," then the board shall have no power to grant

or to renew upon their expiration any licenses of the class so

voted upon in such municipality or part of a split municipality;

or if the negative vote is on the question in respect to the

establishment, operation and maintenance of Pennsylvania liquor

stores, the board shall not open and operate a Pennsylvania

liquor store in such municipality or part of a split

municipality, nor continue to operate a then existing

Pennsylvania liquor store in the municipality or part of a split

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municipality for more than two years thereafter or after the

expiration of the term of the lease on the premises occupied by

such store, whichever period is less, unless and until at a

later election a majority of the voting electors vote "yes" on

such question.

* * *

Section 2. This act shall take effect in 60 days.

Section 1. Section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, is amended by adding

definitions to read:

Section 102. Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Prepared beverage and mixed drink" shall mean a sealed

container of no less than four fluid ounces and no greater than

sixty-four fluid ounces in a single transaction that holds

spirits and mixers that are combined on a licensed premises.

* * *

"Sealed container" shall mean a packaged container with a

secure lid or cap designed to prevent consumption without

removal of the lid or cap. A lid with sipping holes or opening

for straws must be covered or affixed with an additional seal

before sale.

* * *

Section 2. The act is amended by adding a section to read:

Section 417. Prepared Beverages and Mixed Drinks for Off-

Premises Consumption During Disaster Emergency.--(a) The

following shall apply:

(1) Notwithstanding any provision of this act, a person

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holding and possessing a valid restaurant or hotel liquor

license that lost more than twenty-five per centum (25%) of the

person's average monthly total sales, including alcohol sales,

as a result of restrictions imposed during the COVID-19 disaster

emergency may sell prepared beverages and mixed drinks for off-

premises consumption where meals prepared for pick-up or

curbside pick-up are also available.

(2) Except as provided in this paragraph and paragraph (4),

nothing in this section shall affect the ability of a licensee

to operate within the scope of its current license as authorized

by this act, provided, however, that no sales of prepared

beverages and mixed drinks for off-premises consumption shall

take place after eleven o'clock postmeridian of any day until

the licensee's permitted hours of operation under section 406 of

the next day, including Sundays if the licensee has a permit

authorized under sections 406(a)(3) and 432(f).

(3) The following licensees are prohibited from selling

prepared beverages and mixed drinks for off-premises consumption

under this section:

(i) A licensee whose underlying license is subject to a

pending objection by the director of the Bureau of Licensing or

the board under section 470(a.1), until the matter is decided.

(ii) A licensee whose underlying license has been suspended

under section 1799.6-E of the act of April 9, 1929 (P.L.343,

No.176), known as "The Fiscal Code."

(4) For purposes of selling prepared beverages and mixed

drinks for off-premises consumption, a licensed premises shall

not be subject to section 493(14).

(5) Withing sixty (60) days of the effective date of this

section, a licensee selling prepared beverages and mixed drinks

A05282 - 10 -

for off-premises consumption shall begin utilizing a transaction

scan device to verify the age of an individual who appears to be

under thirty-five (35) years of age before making a sale of

prepared beverages and mixed drinks for off-premises

consumption. A licensee may not sell or share consumers'

personal data from the use of a transaction scan device,

provided that the licensee may share the data with the

enforcement bureau of the board as evidence that the licensee is

in compliance with this paragraph.

(6) A licensee selling prepared beverages or mixed drinks

for off-premise consumption shall prominently post a warning

restrictions on alcoholic beverages under 75 Pa.C.S. § 3809

(relating to restriction on alcoholic beverages), and that the

prepared beverages and mixed drinks packaged for sale by the

licensee are open containers and may only be transported by the

driver of a motor vehicle in the vehicle's trunk or in some

other area of the vehicle that is not occupied by the driver or

passengers.

(b) Notwithstanding any other provision of this section or

provision of law to the contrary, a licensee selling prepared

beverages and mixed drinks for off-premises consumption may only

do so during the COVID-19 disaster emergency and during the

mitigation period after the termination of the disaster

emergency in which a licensee is operating at less than sixty

per centum (60%) capacity.

to sell prepared beverages and mixed drinks under this section.

The licensee shall notify the board in writing advising it of

the name of the licensee and identifying any product sold to

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that licensee, as well as the description of the liquor,

including brand names, sizes and numbers of containers sold to

another licensee. The sales may only occur during the COVID-19

disaster emergency and during the mitigation period after the

termination of the disaster emergency in which a licensee is

operating at less than sixty per centum (60%) capacity.

(d) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"COVID-19 disaster emergency" shall mean the proclamation of

disaster emergency issued by the Governor on March 6, 2020,

published at 50 Pa.B. 1644 (March 21, 2020) and any renewal of

the state of disaster emergency.

"Licensee" shall mean a person holding and possessing a valid

restaurant or hotel liquor license authorized to sell prepared

beverages or mixed drinks for off-premise consumption under

subsection (a)(1).

"Transaction scan device" shall mean a device capable of

deciphering, in an electronically readable format, the

information encoded on the magnetic strip, chip or bar code of

an identification card under section 495(a).

Section 3. This act shall take effect immediately.

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