Trial Engrossment of Amendment A00546 to House Bill 1160 P.N. 1210, Regular Session 2023-2024

A00546

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1160

Session of

2023

INTRODUCED BY N. NELSON, HILL-EVANS, McNEILL, FREEMAN, MADDEN,

SANCHEZ, BURGOS, KINSEY, ZIMMERMAN, CEPEDA-FREYTIZ, HOGAN,

DEASY, KEEFER, BOROWSKI, KRUEGER, GAYDOS, STAATS, CURRY AND

GREEN, MAY 15, 2023

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 15, 2023

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 sales by liquor

licensees and restrictions., for retail dispensers'

restrictions on purchases and sales, for breweries and for

unlawful acts relative to liquor, malt and brewed beverages

and licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 406(f)(3) of the act of April 12, 1951

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

Section 1. Sections 406(f)(3) and (13) and (h), 442(f)(2)

and (13), 446(b)(3) and (13) and 493(33) of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, are amended to

read:

Section 406. Sales by Liquor Licensees; Restrictions.--* * *

(f) The holder of a hotel or restaurant liquor license may

obtain an off-premises catering permit subject to section

493(33) to hold a catered function off the licensed premises and

on otherwise unlicensed premises where the licensee may sell

wine, liquor and malt or brewed beverages by the glass, open

bottle or other container, and in any mixture together with

food, for consumption on those premises. Functions conducted

under the authority of the permit shall be subject to the

following:

* * *

(3) each catered function shall last no longer than one day

and [not more than fifty-two] an unlimited number of catered

functions may be held each calendar year by each license holder

for use with a particular license;

* * *

(13) no catered function may be held for more than [five]

six hours per day and must end by midnight unless the catered

function occurs on December 31 of any calendar year on which

date the catered function must end by two o'clock antemeridian;

* * *

(h) Notwithstanding any other provision of law or

regulation, a catering club licensee may cater a self-sponsored

event no more than [twelve] twenty-four occasions during its

licensed term with no more than [one event] two events in any

calendar month.

* * *

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Section 442. Retail Dispensers' Restrictions on Purchases

and Sales.--* * *

(f) The holder of an eating place retail dispenser license

may obtain an off-premises catering permit under section 493(33)

to hold a catered function off of the licensed premises and on

otherwise unlicensed premises where the licensee may sell malt

or brewed beverages by the glass, open bottle or any other

container, together with food, for consumption on those premises

solely used for catering premises. Functions conducted under the

authority of the permit shall be subject to the following:

* * *

(2) each catered function shall last no longer than one day

and [not more than fifty-two] an unlimited number of catered

functions may be held each calendar year by each license holder

for use with a particular license;

* * *

(13) no catered function may be held for more than [five]

six hours per day and must end by midnight unless the catered

function occurs on December 31 of any calendar year on which the

date the catered function must end by two o'clock antemeridian;

* * *

Section 446. Breweries.--* * *

(b) The holder of a brew pub license may obtain an off-

premises catering permit subject to section 493(33) to hold a

catered function off the licensed premises and on otherwise

unlicensed premises where the licensee may sell wine produced by

a licensed limited winery and malt or brewed beverages produced

by the brewery by the glass, open bottle or other container

together with food, and in any mixture, for consumption on those

premises. Functions conducted under the authority of the permit

A00546 - 3 -

shall be subject to the following:

* * *

(3) each catered function shall last no longer than one day

and [not more than fifty-two] an unlimited number of catered

functions may be held each calendar year by each license holder

for use with a particular license;

* * *

(13) no catered function may be held for more than [five]

six hours per day and must end by midnight unless the catered

function occurs on December 31 of any calendar year on which

date the catered function must end by two o'clock antemeridian;

* * *

Section 493. Unlawful Acts Relative to Liquor, Malt and

Brewed Beverages and Licensees.--The term "licensee," when used

in this section, shall mean those persons licensed under the

provisions of Article IV, unless the context clearly indicates

otherwise.

It shall be unlawful--

* * *

(33) Off-premises Catering Permit; Fees. For any licensee,

his servants, agents or employes to sell alcohol at a location

other than its licensed premises, unless the sale is

specifically authorized under this act, or unless the licensee

receives a special permit from the board to do so. Only those

licensees holding a current and valid restaurant, hotel, brew

pub or eating place license shall be allowed to apply for such a

permit. Any licensee that wishes to obtain an off-premises

catering permit must notify the board and pay the permitting

fee. [by March of each calendar year regardless of whether the

licensee has scheduled catered events. Any licensee that fails

A00546 - 4 -

to notify the board and pay the permit fee by March 1 shall be

precluded from obtaining the permit for that calendar year.] If

a licensee notifies the board and pays the permitting fee [by

March 1] and does not then use the permit throughout the

calendar year, the licensee shall not be entitled to a return of

the permitting fee. [Any licensee not granted a license until

after March 1 of the calendar year shall have sixty days from

the date of the license transfer to notify the board of the

licensee's intention to use an off-premises catering permit and

pay the permitting fee. The board shall have the discretion to

allow the issuance of the permit after the March 1 deadline if

the applicant is a licensee in good standing with the board and

complies with all other requirements for the off-premises

catering permit.] A licensee shall apply for the permit at least

sixty days prior to the first catered function. All servers at

the off-premises catered function shall be certified under the

board's responsible alcohol management program as required under

section 471.1. The board may charge a fee of five hundred

dollars ($500) each calendar year, to each applicant for the

initial permit associated with a particular license, but no

further fee shall be charged for any subsequent permits issued

to the applicant for the license during the same calendar year.

The applicant shall submit written notice to the board thirty

days prior to each catered event, unless this time frame has

been waived by the board, and the board may approve or

disapprove each event if the applicant fails to provide timely

notice of the catered function, does not intend to conduct a

function that meets the requirements of this act or has

previously conducted a function that did not meet the

requirements of this act. The fees shall be paid into the State

A00546 - 5 -

Stores Fund. Any violation of this act or the board's

regulations for governing activity occurring under the authority

of this permit may be the basis for the issuance of a citation

under section 471, the nonrenewal of the license under section

470 or the refusal by the board to issue subsequent permits or

honor subsequent dates on the existing permit. This penalty

shall be in addition to any other remedies available to the

enforcement bureau or the board.

* * *

Section 2. This act shall take effect January 1, 2025. as

follows:

(1) The amendment of section 406(h) of the act shall

take effect in 60 days.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect January

1, 2025.

A00546 - 6 -