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
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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
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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.
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