PRINTER'S NO. 1639
No. 1377 Session of 1977
INTRODUCED BY A. K. HUTCHINSON AND STAIRS, JUNE 22, 1977
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 22, 1977
AN ACT 1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An 2 act relating to alcoholic liquors, alcohol and malt and 3 brewed beverages; amending, revising, consolidating and 4 changing the laws relating thereto; regulating and 5 restricting the manufacture, purchase, sale, possession, 6 consumption, importation, transportation, furnishing, holding 7 in bond, holding in storage, traffic in and use of alcoholic 8 liquors, alcohol and malt and brewed beverages and the 9 persons engaged or employed therein; defining the powers and 10 duties of the Pennsylvania Liquor Control Board; providing 11 for the establishment and operation of State liquor stores, 12 for the payment of certain license fees to the respective 13 municipalities and townships, for the abatement of certain 14 nuisances and, in certain cases, for search and seizure 15 without warrant; prescribing penalties and forfeitures; 16 providing for local option, and repealing existing laws," 17 authorizing certain sales on election day. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Subsection (a) of section 406, act of April 12, 21 1951 (P.L.90, No.21), known as the "Liquor Code," amended June 22 16, 1975 (P.L.14, No.5), is amended to read: 23 Section 406. Sales by Liquor Licensees; Restrictions.--(a) 24 Every hotel, restaurant or club liquor licensee may sell liquor 25 and malt or brewed beverages by the glass, open bottle or other 26 container, and in any mixture, for consumption only in that part
1 of the hotel or restaurant habitually used for the serving of 2 food to guests or patrons, and in the case of hotels, to guests, 3 and in the case of clubs, to members, in their private rooms in 4 the hotel or club. No club licensee nor its officers, servants, 5 agents or employes, other than one holding a catering license, 6 shall sell any liquor or malt or brewed beverages to any person 7 except a member of the club. In the case of a restaurant located 8 in a hotel which is not operated by the owner of the hotel and 9 which is licensed to sell liquor under this act, liquor and malt 10 or brewed beverages may be sold for consumption in that part of 11 the restaurant habitually used for the serving of meals to 12 patrons and also to guests in private guest rooms in the hotel. 13 For the purpose of this paragraph, any person who is an active 14 member of another club which is chartered by the same state or 15 national organization shall have the same rights and privileges 16 as members of the particular club. 17 Hotel and restaurant liquor licensees, airport restaurant 18 liquor licensees and municipal golf course restaurant liquor 19 licensees may sell liquor and malt or brewed beverages only 20 after seven o'clock antemeridian of any day until two o'clock 21 antemeridian of the following day, except Sunday, and except as 22 hereinafter provided, may sell liquor and malt or brewed 23 beverages on Sunday between the hours of twelve o'clock midnight 24 and two o'clock antemeridian. 25 Hotel and restaurant liquor licensees, airport restaurant 26 liquor licensees and municipal golf course restaurant liquor 27 licensees whose sales of food and nonalcoholic beverages are 28 equal to forty per centum or more of the combined gross sales of 29 both food and alcoholic beverages may sell liquor and malt or 30 brewed beverages on Sunday between the hours of one o'clock 19770H1377B1639 - 2 -
1 postmeridian and two o'clock antemeridian Monday upon purchase 2 of a special annual permit from the board at a fee of two 3 hundred dollars ($200.00) per year, which shall be in addition 4 to any other license fees. 5 Hotel and restaurant liquor licensees, airport restaurant 6 liquor licensees and municipal golf course restaurant liquor 7 licensees which do not qualify for and purchase such annual 8 special permit, their servants, agents or employes may sell 9 liquor and malt or brewed beverages only after seven o'clock 10 antemeridian of any day and until two o'clock antemeridian of 11 the following day, and shall not sell after two o'clock 12 antemeridian on Sunday. [No hotel, restaurant and public service 13 liquor licensee shall sell liquor and malt or brewed beverages 14 after two o'clock antemeridian on any day on which a general, 15 municipal, special or primary election is being held until one 16 hour after the time fixed by law for closing the polls, except, 17 that, in the case of a special election for members of the 18 General Assembly or members of the Congress of the United 19 States, when such special election is held on other than a 20 primary, municipal or general election day, licensees in those 21 Legislative or Congressional Districts may make such sales, as 22 though the day were not a special election day.] No club 23 licensee or its servants, agents or employes may sell liquor or 24 malt or brewed beverages between the hours of three o'clock 25 antemeridian and seven o'clock antemeridian on any day. No 26 public service liquor licensee or its servants, agents, or 27 employes may sell liquor or malt or brewed beverages between the 28 hours of two o'clock antemeridian and seven o'clock antemeridian 29 on any day. 30 Any hotel, restaurant, club or public service liquor licensee 19770H1377B1639 - 3 -
1 may, by given notice to the board, advance by one hour the hours 2 herein prescribed as those during which liquor and malt or 3 brewed beverages may be sold during such part of the year when 4 daylight saving time is being observed generally in the 5 municipality in which the place of business of such licensee is 6 located. Any licensee who elects to operate his place of 7 business in accordance with daylight saving time shall post a 8 conspicuous notice in his place of business that he is operating 9 in accordance with daylight saving time. 10 Notwithstanding any provisions to the contrary, whenever the 11 thirty-first day of December falls on a Sunday, every hotel or 12 restaurant liquor licensee, their servants, agents or employes 13 may sell liquor and malt or brewed beverages on any such day 14 after one o'clock postmeridian and until two o'clock 15 antemeridian of the following day. 16 * * * 17 Section 2. Clause (6) of section 492 of the act is repealed. 18 Section 3. This act shall take effect in 60 days. F20L41CVV/19770H1377B1639 - 4 -