PRIOR PRINTER'S NOS. 1793, 2631, 3066, PRINTER'S NO. 3972
3470
No. 1527 Session of 1979
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 1527, entitled:
"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; * * *,' PERMITTING CERTAIN HOTEL OR
RESTAURANT LIQUOR LICENSEES TO SELL LIQUOR AND MALT OR BREWED
BEVERAGES ON ELECTION DAYS, further providing for penalties for
out-of-state manufacturers of malt or brewed beverages; FURTHER
DEFINING THE TERM 'INCORPORATED UNIT OF A NATIONAL VETERANS'
ORGANIZATION' and making editorial changes."
respectfully submit the following bill as our report:
STANFORD I. LEHR
GEORGE C. HASAY
FRED TAYLOR
(Committee on the part of the House of Representatives.)
JAMES R. KELLEY
H. CRAIG LEWIS
FRANK J. O'CONNELL
(Committee on the part of the Senate.)
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 permitting certain hotel or restaurant liquor licensees to
18 sell liquor and malt or brewed beverages on election days,
19 further providing for penalties for out-of-state
20 manufacturers of malt or brewed beverages; providing for
21 licenses of incorporated units of national veterans'
22 organizations; authorizing the board to transfer certain
23 licenses to performing arts facilities; providing for certain
24 licensees who are immediately adjacent to bowling alleys;
25 further providing for establishments proximate to interstate
26 highways and making editorial changes.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Section 102, act of April 12, 1951 (P.L.90,
30 No.21), known as the "Liquor Code," is amended by adding a
31 definition to read:
32 Section 102. Definitions.--The following words or phrases,
33 unless the context clearly indicates otherwise, shall have the
34 meanings ascribed to them in this section:
35 * * *
36 "Performing arts facilities" shall mean those halls or
37 theaters in which live musical, concert dance, ballet and
38 legitimate play book-length productions are performed.
39 Performing arts facilities shall not mean those halls or
40 theaters in which burlesque shows or reviews are performed.
41 * * *
1 Section 2. Subsection (a) of section 406 of the act, amended
2 July 3, 1980 (No.88), is amended to read:
3 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
4 Every hotel, restaurant or club liquor licensee may sell liquor
5 and malt or brewed beverages by the glass, open bottle or other
6 container, and in any mixture, for consumption only in that part
7 of the hotel or restaurant habitually used for the serving of
8 food to guests or patrons, or in a bowling alley that is
9 immediately adjacent to and under the same roof as a restaurant
10 when no minors are present in the bowling alley, and in the case
11 of hotels, to guests, and in the case of clubs, to members, in
12 their private rooms in the hotel or club. No club licensee nor
13 its officers, servants, agents or employes, other than one
14 holding a catering license, shall sell any liquor or malt or
15 brewed beverages to any person except a member of the club. In
16 the case of a restaurant located in a hotel which is not
17 operated by the owner of the hotel and which is licensed to sell
18 liquor under this act, liquor and malt or brewed beverages may
19 be sold for consumption in that part of the restaurant
20 habitually used for the serving of meals to patrons and also to
21 guests in private guest rooms in the hotel. For the purpose of
22 this paragraph, any person who is an active member of another
23 club which is chartered by the same state or national
24 organization shall have the same rights and privileges as
25 members of the particular club. For the purpose of this
26 paragraph, any person who is an active member of any volunteer
27 firefighting company, association or group of this Commonwealth,
28 whether incorporated or unincorporated, shall upon the approval
29 of any club composed of volunteer firemen licensed under this
30 act, have the same social rights and privileges as members of
19790H1527B3972 - 2 -
1 such licensed club. For the purposes of this paragraph, the term
2 "active member" shall not include a social member.
3 Hotel and restaurant liquor licensees, airport restaurant
4 liquor licensees and municipal golf course restaurant liquor
5 licensees may sell liquor and malt or brewed beverages only
6 after seven o'clock antemeridian of any day until two o'clock
7 antemeridian of the following day, except Sunday, and except as
8 hereinafter provided, may sell liquor and malt or brewed
9 beverages on Sunday between the hours of twelve o'clock midnight
10 and two o'clock antemeridian.
11 Hotel and restaurant liquor licensees, airport restaurant
12 liquor licensees and municipal golf course restaurant liquor
13 licensees whose sales of food and nonalcoholic beverages are
14 equal to forty per centum or more of the combined gross sales of
15 both food and alcoholic beverages may sell liquor and malt or
16 brewed beverages on Sunday between the hours of one o'clock
17 postmeridian and two o'clock antemeridian Monday upon purchase
18 of a special annual permit from the board at a fee of two
19 hundred dollars ($200.00) per year, which shall be in addition
20 to any other license fees. Every hotel and restaurant liquor
21 licensee and every airport restaurant liquor licensee and
22 municipal golf course restaurant liquor licensee who holds a
23 special Sunday sales permit may make sales during regular hours
24 on every general, municipal, primary or special election day.
25 Hotel and restaurant liquor licensees, airport restaurant
26 liquor licensees and municipal golf course restaurant liquor
27 licensees which do not qualify for and purchase such annual
28 special permit, their servants, agents or employes may sell
29 liquor and malt or brewed beverages only after seven o'clock
30 antemeridian of any day and until two o'clock antemeridian of
19790H1527B3972 - 3 -
1 the following day, and shall not sell after two o'clock
2 antemeridian on Sunday. [No] Except for hotel, restaurant,
3 airport restaurant and municipal golf course restaurant
4 licensees who hold a special Sunday sales permit and who may
5 make sales on any election day, no other hotel, restaurant and
6 public service liquor licensee shall sell liquor and malt or
7 brewed beverages after two o'clock antemeridian on any day on
8 which a general, municipal, special or primary election is being
9 held until one hour after the time fixed by law for closing the
10 polls, except, that, in the case of a special election for
11 members of the General Assembly or members of the Congress of
12 the United States, when such special election is held on other
13 than a primary, municipal or general election day, licensees in
14 those Legislative or Congressional Districts may make such
15 sales, as though the day were not a special election day. No
16 club licensee or its servants, agents or employes may sell
17 liquor or malt or brewed beverages between the hours of three
18 o'clock antemeridian and seven o'clock antemeridian on any day.
19 No public service liquor licensee or its servants, agents, or
20 employes may sell liquor or malt or brewed beverages between the
21 hours of two o'clock antemeridian and seven o'clock antemeridian
22 on any day.
23 Any hotel, restaurant, club or public service liquor licensee
24 may, by [given] giving notice to the board, advance by one hour
25 the hours herein prescribed as those during which liquor and
26 malt or brewed beverages may be sold during such part of the
27 year when daylight saving time is being observed generally in
28 the municipality in which the place of business of such licensee
29 is located. Any licensee who elects to operate his place of
30 business in accordance with daylight saving time shall post a
19790H1527B3972 - 4 -
1 conspicuous notice in his place of business that he is operating
2 in accordance with daylight saving time.
3 Notwithstanding any provisions to the contrary, whenever the
4 thirty-first day of December falls on a Sunday, every hotel or
5 restaurant liquor licensee, their servants, agents or employes
6 may sell liquor and malt or brewed beverages on any such day
7 after one o'clock postmeridian and until two o'clock
8 antemeridian of the following day.
9 * * *
10 Section 3. The act is amended by adding a section to read:
11 Section 408.7. Performing Arts Facilities.--(a) The board
12 is authorized to transfer a restaurant liquor license purchased
13 by any person or by a concessionaire selected by such person in
14 any city of the first or second class for the retail sale of
15 liquor and malt or brewed beverages by the glass, open bottles
16 or other container or in any mixture for consumption on any
17 city-owned premises utilized as a performing arts facility or
18 any other premise utilized as a performing arts facility where
19 there is an available seating capacity within the premises of
20 one thousand or more: Provided, however, That no sale or
21 consumption of such beverages shall take place on any portions
22 of such premises other than service areas approved by the board.
23 (b) An application for transfer may be filed at any time by
24 a person operating such a theater for the performing arts or by
25 a concessionaire selected by such person. Any such license
26 granted under these provisions need not conform to the
27 requirements of the act relating to restaurant liquor licenses,
28 except as provided herein. Applicant shall submit such other
29 information as the board may require. Applications shall be in
30 writing on forms prescribed by the board and shall be signed and
19790H1527B3972 - 5 -
1 submitted to the board by the applicant. The filing fee which
2 shall accompany the license transfer application shall be thirty
3 dollars ($30).
4 (c) Upon receipt of the application in proper form and the
5 application fee and upon being satisfied that the applicant is
6 of good repute and financially responsible and that the proposed
7 place of business is proper, the board shall transfer the
8 restaurant liquor license for the performing arts facility.
9 (d) The license shall be transferred for the same period of
10 time as provided for restaurant licenses and shall be renewed as
11 provided in section 402. The license shall terminate upon
12 revocation by the board or upon termination and nonrenewal of
13 the contract between the concessionaire and such person.
14 (e) The annual fee for a performing arts facility shall be
15 as provided in section 405 and shall accompany the application
16 for the license. Whenever and if a concessionaire's contract
17 terminates and is not renewed the license shall be returned to
18 the board for cancellation and the board may transfer a
19 restaurant liquor license purchased by a subsequent applicant.
20 (f) The penal sum of the bond which shall be filed by an
21 applicant for a performing arts facility pursuant to section 465
22 shall be two thousand dollars ($2,000).
23 (g) Sales by the holder of a performing arts facility
24 license may be made except to those persons prohibited under
25 clause (1) of section 493 on board-approved service areas of the
26 premises of such a facility for the performing arts during the
27 hours in which the performance is being held and up to one hour
28 before the scheduled opening and one hour after the scheduled
29 closing, but such sales may not be made beyond the hours
30 expressed in the code for the sale of liquor and malt or brewed
19790H1527B3972 - 6 -
1 beverages by restaurant licensees: Provided, however, That such
2 sales may be made on Sunday between the hours of one o'clock
3 postmeridian and ten o'clock postmeridian, irrespective of the
4 volume of food sales.
5 (h) Whenever a contract with a concessionaire is terminated
6 prior to the expiration date provided in the contract between
7 such person and the concessionaire and is not renewed, such
8 person may apply to the board for the transfer of a restaurant
9 liquor license purchased by such person, or may select and
10 certify to the board a different concessionaire which
11 concessionaire shall apply to the board for the transfer of a
12 restaurant liquor license purchased by such concessionaire. If
13 the applicant meets the requirements of the board as herein
14 provided, a transfer shall thereupon occur. If any such
15 performing arts facility license is revoked, the board shall
16 transfer a license for any qualified applicant who has purchased
17 a restaurant liquor license without regard to the prohibition in
18 section 471, against the grant of a license at the same premises
19 for a period of at least one year.
20 (i) Performing arts licenses shall not be subject to the
21 provisions of section 404 except insofar as they relate to the
22 reputation of the applicant nor to the provisions of section
23 463, nor to the provisions of clause (10) of section 493.
24 (j) Sales under such licenses (including food sales) may be
25 limited by the licensee to portions of the events scheduled in
26 the facility of the performing arts. Provided food is offered
27 for sale when sales are made under the license, such food may be
28 catered from off the premises.
29 Section 4. Subsection (b) of section 442 of the act, amended
30 October 9, 1967 (P.L.413, No.183), is amended to read:
19790H1527B3972 - 7 -
1 Section 442. Retail Dispensers' Restrictions on Purchases
2 and Sales.--* * *
3 (b) No retail dispenser shall sell any malt or brewed
4 beverages for consumption on the licensed premises except in a
5 room or rooms or place on the licensed premises at all times
6 accessible to the use and accommodation of the general public,
7 but this section shall not be interpreted to prohibit a retail
8 dispenser from selling malt or brewed beverages in a hotel or
9 club house in any room of such hotel or club house occupied by a
10 bona fide registered guest or member entitled to purchase the
11 same or to prohibit a retail dispenser from selling malt or
12 brewed beverages in a bowling alley when no minors are present
13 where the licensed premises and bowling alley are immediately
14 adjacent and under the same roof.
15 * * *
16 Section 5. Subsections (e), (f) and (i) of section 444 of
17 the act are amended to read:
18 Section 444. Malt or Brewed Beverages Manufactured Outside
19 This Commonwealth.--* * *
20 (e) Upon such hearing, whether or not an appearance was made
21 by such outside manufacturer, if satisfied that any such
22 violation has occurred, the board is specifically empowered and
23 directed to [immediately issue an order prohibiting the
24 importation of malt or brewed beverages manufactured by such
25 manufacturer into this Commonwealth for a period of not less
26 than six months nor more than three years] issue an order
27 imposing a fine upon such outside manufacturer of not less than
28 five hundred dollars ($500) or more than ten thousand dollars
29 ($10,000), or prohibiting the importation of malt or brewed
30 beverages manufactured by such outside manufacturer into this
19790H1527B3972 - 8 -
1 Commonwealth for a period not exceeding three years, or both.
2 Such fine or prohibition shall not go into effect until twenty
3 days have elapsed from the date of notice of issuance of the
4 board's order, during which time such manufacturer may take an
5 appeal as provided for in this act. The aforesaid appeal shall
6 act as a supersedeas unless upon sufficient cause shown the
7 court shall determine otherwise.
8 (f) [Notice] If, after hearing, the board prohibits the
9 importation of malt or brewed beverages manufactured by such
10 outside manufacturer into this Commonwealth, notice of such
11 board action shall be given immediately to such manufacturer and
12 to all persons licensed to import malt or brewed beverages
13 within this Commonwealth by mailing a copy of such order to such
14 manufacturer at its principal place of business, wherever
15 located, and to such licensees at their licensed premises.
16 Thereafter, it shall be unlawful for any person licensed to
17 import malt or brewed beverages within this Commonwealth to
18 purchase [or sell] any malt or brewed beverages manufactured by
19 such outside manufacturer during the term of such prohibition.
20 * * *
21 (i) Any outside manufacturer aggrieved by the action of the
22 board may appeal to the [quarter sessions court of Dauphin
23 County] Commonwealth Court in the same manner as herein provided
24 for appeals from refusals to grant licenses. Upon appeal, the
25 court shall in the exercise of its discretion, sustain, reject,
26 alter or modify the findings, conclusions and penalties of the
27 board, based on the findings of fact and conclusions of law as
28 found by the court.
29 Section 6. Subsections (a) and (f) of section 461 of the
30 act, subsection (a) amended July 11, 1980 (No.117) and
19790H1527B3972 - 9 -
1 subsection (f) added June 1, 1978 (P.L.451, No.56), are amended
2 to read:
3 Section 461. Limiting Number of Retail Licenses To Be Issued
4 In Each Municipality.--(a) No licenses shall hereafter be
5 granted by the board for the retail sale of malt or brewed
6 beverages or the retail sale of liquor and malt or brewed
7 beverages in excess of one of such licenses of any class for
8 each two thousand inhabitants in any municipality, exclusive of
9 licenses granted to airport restaurants, municipal golf courses,
10 and hotels [and incorporated units of national veterans'
11 organizations], as defined in this section, and clubs; but at
12 least one such license may be granted in each municipality and
13 in each part of a municipality where such municipality is split
14 so that each part thereof is separated by another municipality,
15 except in municipalities where the electors have voted against
16 the granting of any retail licenses and except in that part of a
17 split municipality where the electors have voted against the
18 granting of any retail licenses. Nothing contained in this
19 section shall be construed as denying the right to the board to
20 renew or to transfer existing retail licenses of any class
21 notwithstanding that the number of such licensed places in a
22 municipality shall exceed the limitation hereinbefore
23 prescribed; but where such number exceeds the limitation
24 prescribed by this section, no new license, except for hotels,
25 municipal golf courses, and airport restaurants [and
26 incorporated units of national veterans' organizations], as
27 defined in this section, shall be granted so long as said
28 limitation is exceeded.
29 * * *
30 [(f) The term "national veterans' organization" shall mean
19790H1527B3972 - 10 -
1 any veterans' organization having a national charter.
2 The term "incorporated unit of a national veterans'
3 organization" shall mean any incorporated post, branch, camp,
4 detachment, lodge or other subordinate unit of a national
5 veterans' organization having one hundred or more paid up
6 members as of, and organized prior to, January 1, 1975.]
7 Section 7. The act is amended by adding a section to read:
8 Section 461.1. Incorporated Units of National Veterans'
9 Organizations.--(a) The board shall have the authority to issue
10 new licenses to incorporated units of national veterans'
11 organizations, as defined herein, in municipalities where the
12 number of licenses exceeds the limitation prescribed by section
13 461.
14 (b) The term "national veterans' organization" shall mean
15 any veterans' organization having a national charter.
16 The term "incorporated unit of a national veterans'
17 organization" shall mean any incorporated post, branch, camp,
18 detachment, lodge or other subordinate unit of a national
19 veterans' organization having one hundred or more paid up
20 members and organized for a period of at least three years prior
21 to filing the application for a license.
22 (c) When the charter of an incorporated unit of a national
23 veterans' organization is suspended or revoked, the retail
24 license of the organization shall also be suspended or revoked.
25 The retail license of an incorporated unit of a national
26 veterans' organization is not transferable to any other
27 organization or person.
28 Section 8. Section 463 of the act is amended by adding a
29 subsection to read:
30 Section 463. Places of Amusement Not To Be Licensed;
19790H1527B3972 - 11 -
1 Penalty.--* * *
2 (a.2) Nothing contained in this act shall be construed to
3 prevent the holder of restaurant liquor or malt and brewed
4 beverage license from selling liquor and malt or brewed
5 beverages in a bowling alley when no minors are present where
6 the restaurant and bowling alley are immediately adjacent and
7 under the same roof. The restaurant liquor or malt and brewed
8 beverage licensee aforementioned shall be subject to all the
9 conditions and restrictions applicable to such restaurant
10 licenses except the above prohibition against any passageway or
11 communication between a licensed premise and a place of
12 amusement.
13 * * *
14 Section 9. Subsection (a) of section 475 of the act, added
15 November 26, 1978 (P.L.1389, No.326), is amended to read:
16 Section 475. Establishments Proximate to Interstate Highways
17 Not To Be Licensed.--(a) No license for the sale of liquor or
18 malt or brewed beverages in any quantity shall be granted to the
19 proprietor, lessee, keeper or manager of an establishment [any
20 part of] the entrance to which is located within three hundred
21 feet of any part of a ramp of an interstate limited access
22 highway.
23 * * *
24 Section 10. Clause (6) of section 491 of the act is amended
25 to read:
26 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
27 Liquor Licensees.--
28 It shall be unlawful--
29 * * *
30 (6) Sales by Restaurant and Hotel Liquor Licensees. For any
19790H1527B3972 - 12 -
1 restaurant or hotel licensee, his servants, agents or employes,
2 to sell any liquor or malt or brewed beverages for consumption
3 on the licensed premises except in a room or rooms or place on
4 the licensed premises at all times accessible to the use and
5 accommodation of the general public, but this section shall not
6 be interpreted to prohibit a hotel licensee, or a restaurant
7 licensee when the restaurant is located in a hotel, from selling
8 liquor or malt or brewed beverages in any room of such hotel
9 occupied by a bona fide guest or to prohibit a restaurant
10 licensee from selling liquor or malt or brewed beverages in a
11 bowling alley when no minors are present where the restaurant
12 and bowling alley are immediately adjacent and under the same
13 roof.
14 * * *
15 Section 11. This act shall take effect immediately.
E24L40HVY/19790H1527B3972 - 13 -