SENATE AMENDED

PRIOR PRINTER'S NOS. 1144, 1687, 2189,

2411

PRINTER'S NO. 2433

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1096

Session of

2023

INTRODUCED BY MALAGARI, McANDREW, MADDEN, SANCHEZ, HILL-EVANS,

hereby enacts as follows:

Liquor Code, is amended to read:

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

center, museum, zoo, amphitheater or [similar structure.]

amusement park as defined in section 2 of the act of June 18,

1984 (P.L.384, No.81), known as the "Amusement Ride Inspection

Act," situated on at least forty (40) acres of land regardless

river; authorizing the Governor, for these purposes, to enter

into an agreement with New Jersey; creating The Delaware River

Joint Commission and specifying the powers and duties thereof,

including the power to finance projects by the issuance of

revenue bonds; transferring to the new commission all the powers

of the Delaware River Bridge Joint Commission; and making an

appropriation," it shall have no permanent seating requirement.

If the public venue is an open-air amphitheater owned by a port

authority created under the act of December 6, 1972 (P.L.1392,

No.298), known as the "Third Class City Port Authority Act," it

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Authorities Law," an authority created under Article XXV-A of

the act of July 28, 1953 (P.L.723, No.230), known as the "Second

Class County Code," an art museum established under the

authority of the act of April 6, 1791 (3 Sm.L.20, No.1536),

entitled "An act to confer on certain associations of the

citizens of this commonwealth the powers and immunities of

corporations, or bodies politic in law," or an authority created

under Article XXIII (n) or (o) of the act of August 9, 1955

(P.L.323, No.130), known as "The County Code," it shall have

permanent seating for at least one thousand (1,000) people;

no less than three hundred fifty (350) acres and is a member of

the American Public Garden Association. The term shall also mean

a convention or conference center owned by a city of the third

class or a university which is a member of the Pennsylvania

State System of Higher Education which is operated by a

university foundation or alumni association, regardless of

seating capacity, that has a floor area of at least fifteen

thousand (15,000) square feet in one building. The term shall

also mean a visitor center, regardless of floor area or seating

capacity, that was established under the authority of the

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STOP-AND-GO LEGISLATIVE TASK FORCE IS ESTABLISHED.

PROCESSES AND RULES RELATING TO THE ISSUES INVOLVING STOP-AND-GO

ESTABLISHMENTS.

REQUESTING OF DOCUMENTS.

WITNESSES APPEARING BEFORE THE TASK FORCE.

AND-GO ESTABLISHMENTS LOCATED AND OPERATING WITHIN A CITY OF THE

FIRST CLASS.

ESTABLISHMENTS THAT ARE LOCATED AND OPERATING WITHIN A CITY OF

THE FIRST CLASS.

WHO SHALL BE APPOINTED WITHIN TWENTY-FIVE DAYS AFTER THE

EFFECTIVE DATE OF THIS SUBSECTION:

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REPRESENTATIVES.

OF REPRESENTATIVES.

VOTING RIGHTS.

VOTE OF THE MEMBERS OF THE TASK FORCE.

CONVENED WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS

PARAGRAPH. ADDITIONAL PUBLIC MEETINGS MAY BE CALLED BY THE CHAIR

AS NECESSARY.

OF A TWO-THIRDS MAJORITY OF THE MEMBERS.

BE SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).

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UNDER SUBSECTION (B) WITHIN FOUR MONTHS AFTER THE TASK FORCE'S

INITIAL MEETING AND DELIVER THE REPORT TO EACH MEMBER OF THE

GENERAL ASSEMBLY WHO REPRESENTS RESIDENTS OF A CITY OF THE FIRST

CLASS, THE BOARD, THE CHAIRMAN AND MINORITY CHAIRMAN OF THE LAW

AND JUSTICE C OMMITTEE OF THE SENATE AND THE CHAIRMAN AND

MINORITY OF THE LIQUOR CONTROL COMMITTEE OF THE HOUSE OF

REPRESENTATIVES.

OF THE FINAL REPORT UNDER SUBSECTION (F).

CONSUMED ON PREMISES OR IMMEDIATELY OUTSIDE THE ESTABLISHMENT.

TASK FORCE ESTABLISHED UNDER THIS SECTION.

section is amended by adding subsections to read:

restaurant liquor licenses. However, the following additional

restrictions and privileges apply:

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may not occur prior to eleven o'clock antemeridian on Sundays or

seven o'clock antemeridian on Mondays. Notwithstanding this

[section, facilities that had been licensed under former

sections] section:

408.9 and 408.14 may sell liquor and/or malt or brewed beverages

anytime except from two o'clock antemeridian to seven o'clock

antemeridian or prior to eleven o'clock antemeridian on Sundays

or seven o'clock antemeridian on Mondays, regardless of whether

there is a performance at the facility.

shall exchange one existing restaurant license to the board in

return for a public venue license at no cost. A restaurant

license exchanged under this subsection shall be subject to a

license auction under section 470.3.

shall utilize a transaction scan device to verify the age of an

individual who appears to be under thirty-five years of age

before making a sale of liquor and malt or brewed beverages,

however, an acceptable form of identification under section

495(a) that cannot be scanned may be accepted by the licensee.

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subsection, the term "transaction scan device" means a device

capable of deciphering, in an electronically readable format,

the information encoded on the magnetic strip or bar code of an

identification card under section 495(a).

have the same meaning as defined in section 2 of the act of June

18, 1984 (P.L.384, No.81), known as the "Amusement Ride

Inspection Act."

subsection is amended by adding a paragraph to read:

manufacturer giving such agreement and its other importing

distributors and distributors shall not be modified, cancelled,

terminated or rescinded by the manufacturer without good cause,

and shall contain a provision in substance or effect as follows:

"The manufacturer recognizes that the importing distributor and

distributor are free to manage their business in the manner the

importing distributor and distributor deem best and that this

prerogative vests in the importing distributor and distributor

the exclusive right to establish a selling price, to select the

brands of malt or brewed beverages they wish to handle and to

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distributor. However, the manufacturer expects that the

importing distributor and distributor will price competitively

the products handled by them, devote reasonable effort and

resources to the sale of such products and maintain a reasonable

sales level." "Good cause" shall mean the failure by any party

to an agreement, without reasonable excuse or justification, to

comply substantially with an essential, reasonable and

commercially acceptable requirement imposed by the other party

under the terms of an agreement.

contrary, a malt or brewed beverage manufacturer and its

officers, directors, shareholders, servants, agents or employes

may provide an e-commerce platform or access to an e-commerce

platform to a distributor or importing distributor. The e-

commerce platform or access to the e-commerce platform may be

provided free of charge or may be made available for a fee.

read:

In Each County.--* * *

reputable place operated by a responsible person of good

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