PRIOR PRINTER'S NOS. 1793, 2631, 3066, PRINTER'S NO. 4055
3470, 3972
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
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 further providing for penalties for out-of-state
18 manufacturers of malt or brewed beverages; providing for
19 licenses of incorporated units of national veterans'
20 organizations; authorizing the board to transfer certain
21 licenses to performing arts facilities; providing for certain
22 licensees who are immediately adjacent to bowling alleys;
23 further providing for establishments proximate to interstate
24 highways and making editorial changes.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 102, act of April 12, 1951 (P.L.90,
28 No.21), known as the "Liquor Code," is amended by adding a
29 definition to read:
30 Section 102. Definitions.--The following words or phrases,
31 unless the context clearly indicates otherwise, shall have the
32 meanings ascribed to them in this section:
33 * * *
34 "Performing arts facilities" shall mean those halls or
35 theaters in which live musical, concert dance, ballet and
36 legitimate play book-length productions are performed.
37 Performing arts facilities shall not mean those halls or
38 theaters in which burlesque shows or reviews are performed.
39 * * *
40 Section 2. Subsection (a) of section 406 of the act, amended
1 July 3, 1980 (No.88), is amended to read:
2 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
3 Every hotel, restaurant or club liquor licensee may sell liquor
4 and malt or brewed beverages by the glass, open bottle or other
5 container, and in any mixture, for consumption only in that part
6 of the hotel or restaurant habitually used for the serving of
7 food to guests or patrons, or in a bowling alley that is
8 immediately adjacent to and under the same roof as a restaurant
9 when no minors are present in the bowling alley, and in the case
10 of hotels, to guests, and in the case of clubs, to members, in
11 their private rooms in the hotel or club. No club licensee nor
12 its officers, servants, agents or employes, other than one
13 holding a catering license, shall sell any liquor or malt or
14 brewed beverages to any person except a member of the club. In
15 the case of a restaurant located in a hotel which is not
16 operated by the owner of the hotel and which is licensed to sell
17 liquor under this act, liquor and malt or brewed beverages may
18 be sold for consumption in that part of the restaurant
19 habitually used for the serving of meals to patrons and also to
20 guests in private guest rooms in the hotel. For the purpose of
21 this paragraph, any person who is an active member of another
22 club which is chartered by the same state or national
23 organization shall have the same rights and privileges as
24 members of the particular club. For the purpose of this
25 paragraph, any person who is an active member of any volunteer
26 firefighting company, association or group of this Commonwealth,
27 whether incorporated or unincorporated, shall upon the approval
28 of any club composed of volunteer firemen licensed under this
29 act, have the same social rights and privileges as members of
30 such licensed club. For the purposes of this paragraph, the term
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1 "active member" shall not include a social member.
2 Hotel and restaurant liquor licensees, airport restaurant
3 liquor licensees and municipal golf course restaurant liquor
4 licensees may sell liquor and malt or brewed beverages only
5 after seven o'clock antemeridian of any day until two o'clock
6 antemeridian of the following day, except Sunday, and except as
7 hereinafter provided, may sell liquor and malt or brewed
8 beverages on Sunday between the hours of twelve o'clock midnight
9 and two o'clock antemeridian.
10 Hotel and restaurant liquor licensees, airport restaurant
11 liquor licensees and municipal golf course restaurant liquor
12 licensees whose sales of food and nonalcoholic beverages are
13 equal to forty per centum or more of the combined gross sales of
14 both food and alcoholic beverages may sell liquor and malt or
15 brewed beverages on Sunday between the hours of one o'clock
16 postmeridian and two o'clock antemeridian Monday upon purchase
17 of a special annual permit from the board at a fee of two
18 hundred dollars ($200.00) per year, which shall be in addition
19 to any other license fees.
20 Hotel and restaurant liquor licensees, airport restaurant
21 liquor licensees and municipal golf course restaurant liquor
22 licensees which do not qualify for and purchase such annual
23 special permit, their servants, agents or employes may sell
24 liquor and malt or brewed beverages only after seven o'clock
25 antemeridian of any day and until two o'clock antemeridian of
26 the following day, and shall not sell after two o'clock
27 antemeridian on Sunday. No hotel, restaurant and public service
28 liquor licensee shall sell liquor and malt or brewed beverages
29 after two o'clock antemeridian on any day on which a general,
30 municipal, special or primary election is being held until one
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1 hour after the time fixed by law for closing the polls, except,
2 that, in the case of a special election for members of the
3 General Assembly or members of the Congress of the United
4 States, when such special election is held on other than a
5 primary, municipal or general election day, licensees in those
6 Legislative or Congressional Districts may make such sales, as
7 though the day were not a special election day. No club licensee
8 or its servants, agents or employes may sell liquor or malt or
9 brewed beverages between the hours of three o'clock antemeridian
10 and seven o'clock antemeridian on any day. No public service
11 liquor licensee or its servants, agents, or employes may sell
12 liquor or malt or brewed beverages between the hours of two
13 o'clock antemeridian and seven o'clock antemeridian on any day.
14 Any hotel, restaurant, club or public service liquor licensee
15 may, by [given] giving notice to the board, advance by one hour
16 the hours herein prescribed as those during which liquor and
17 malt or brewed beverages may be sold during such part of the
18 year when daylight saving time is being observed generally in
19 the municipality in which the place of business of such licensee
20 is located. Any licensee who elects to operate his place of
21 business in accordance with daylight saving time shall post a
22 conspicuous notice in his place of business that he is operating
23 in accordance with daylight saving time.
24 Notwithstanding any provisions to the contrary, whenever the
25 thirty-first day of December falls on a Sunday, every hotel or
26 restaurant liquor licensee, their servants, agents or employes
27 may sell liquor and malt or brewed beverages on any such day
28 after one o'clock postmeridian and until two o'clock
29 antemeridian of the following day.
30 * * *
19790H1527B4055 - 4 -
1 Section 3. The act is amended by adding a section to read:
2 Section 408.7. Performing Arts Facilities.--(a) The board
3 is authorized to transfer a restaurant liquor license purchased
4 by any person or by a concessionaire selected by such person in
5 any city of the first or second class for the retail sale of
6 liquor and malt or brewed beverages by the glass, open bottles
7 or other container or in any mixture for consumption on any
8 city-owned premises utilized as a performing arts facility or
9 any other premise utilized as a performing arts facility where
10 there is an available seating capacity within the premises of
11 one thousand or more: Provided, however, That no sale or
12 consumption of such beverages shall take place on any portions
13 of such premises other than service areas approved by the board.
14 (b) An application for transfer may be filed at any time by
15 a person operating such a theater for the performing arts or by
16 a concessionaire selected by such person. Any such license
17 granted under these provisions need not conform to the
18 requirements of the act relating to restaurant liquor licenses,
19 except as provided herein. Applicant shall submit such other
20 information as the board may require. Applications shall be in
21 writing on forms prescribed by the board and shall be signed and
22 submitted to the board by the applicant. The filing fee which
23 shall accompany the license transfer application shall be thirty
24 dollars ($30).
25 (c) Upon receipt of the application in proper form and the
26 application fee and upon being satisfied that the applicant is
27 of good repute and financially responsible and that the proposed
28 place of business is proper, the board shall transfer the
29 restaurant liquor license for the performing arts facility.
30 (d) The license shall be transferred for the same period of
19790H1527B4055 - 5 -
1 time as provided for restaurant licenses and shall be renewed as
2 provided in section 402. The license shall terminate upon
3 revocation by the board or upon termination and nonrenewal of
4 the contract between the concessionaire and such person.
5 (e) The annual fee for a performing arts facility shall be
6 as provided in section 405 and shall accompany the application
7 for the license. Whenever and if a concessionaire's contract
8 terminates and is not renewed the license shall be returned to
9 the board for cancellation and the board may transfer a
10 restaurant liquor license purchased by a subsequent applicant.
11 (f) The penal sum of the bond which shall be filed by an
12 applicant for a performing arts facility pursuant to section 465
13 shall be two thousand dollars ($2,000).
14 (g) Sales by the holder of a performing arts facility
15 license may be made except to those persons prohibited under
16 clause (1) of section 493 on board-approved service areas of the
17 premises of such a facility for the performing arts during the
18 hours in which the performance is being held and up to one hour
19 before the scheduled opening and one hour after the scheduled
20 closing, but such sales may not be made beyond the hours
21 expressed in the code for the sale of liquor and malt or brewed
22 beverages by restaurant licensees: Provided, however, That such
23 sales may be made on Sunday between the hours of one o'clock
24 postmeridian and ten o'clock postmeridian, irrespective of the
25 volume of food sales.
26 (h) Whenever a contract with a concessionaire is terminated
27 prior to the expiration date provided in the contract between
28 such person and the concessionaire and is not renewed, such
29 person may apply to the board for the transfer of a restaurant
30 liquor license purchased by such person, or may select and
19790H1527B4055 - 6 -
1 certify to the board a different concessionaire which
2 concessionaire shall apply to the board for the transfer of a
3 restaurant liquor license purchased by such concessionaire. If
4 the applicant meets the requirements of the board as herein
5 provided, a transfer shall thereupon occur. If any such
6 performing arts facility license is revoked, the board shall
7 transfer a license for any qualified applicant who has purchased
8 a restaurant liquor license without regard to the prohibition in
9 section 471, against the grant of a license at the same premises
10 for a period of at least one year.
11 (i) Performing arts licenses shall not be subject to the
12 provisions of section 404 except insofar as they relate to the
13 reputation of the applicant nor to the provisions of section
14 463, nor to the provisions of clause (10) of section 493.
15 (j) Sales under such licenses (including food sales) may be
16 limited by the licensee to portions of the events scheduled in
17 the facility of the performing arts. Provided food is offered
18 for sale when sales are made under the license, such food may be
19 catered from off the premises.
20 Section 4. Subsection (b) of section 442 of the act, amended
21 October 9, 1967 (P.L.413, No.183), is amended to read:
22 Section 442. Retail Dispensers' Restrictions on Purchases
23 and Sales.--* * *
24 (b) No retail dispenser shall sell any malt or brewed
25 beverages for consumption on the licensed premises except in a
26 room or rooms or place on the licensed premises at all times
27 accessible to the use and accommodation of the general public,
28 but this section shall not be interpreted to prohibit a retail
29 dispenser from selling malt or brewed beverages in a hotel or
30 club house in any room of such hotel or club house occupied by a
19790H1527B4055 - 7 -
1 bona fide registered guest or member entitled to purchase the
2 same or to prohibit a retail dispenser from selling malt or
3 brewed beverages in a bowling alley when no minors are present
4 where the licensed premises and bowling alley are immediately
5 adjacent and under the same roof.
6 * * *
7 Section 5. Subsections (e), (f) and (i) of section 444 of
8 the act are amended to read:
9 Section 444. Malt or Brewed Beverages Manufactured Outside
10 This Commonwealth.--* * *
11 (e) Upon such hearing, whether or not an appearance was made
12 by such outside manufacturer, if satisfied that any such
13 violation has occurred, the board is specifically empowered and
14 directed to [immediately issue an order prohibiting the
15 importation of malt or brewed beverages manufactured by such
16 manufacturer into this Commonwealth for a period of not less
17 than six months nor more than three years] issue an order
18 imposing a fine upon such outside manufacturer of not less than
19 five hundred dollars ($500) or more than ten thousand dollars
20 ($10,000), or prohibiting the importation of malt or brewed
21 beverages manufactured by such outside manufacturer into this
22 Commonwealth for a period not exceeding three years, or both.
23 Such fine or prohibition shall not go into effect until twenty
24 days have elapsed from the date of notice of issuance of the
25 board's order, during which time such manufacturer may take an
26 appeal as provided for in this act. The aforesaid appeal shall
27 act as a supersedeas unless upon sufficient cause shown the
28 court shall determine otherwise.
29 (f) [Notice] If, after hearing, the board prohibits the
30 importation of malt or brewed beverages manufactured by such
19790H1527B4055 - 8 -
1 outside manufacturer into this Commonwealth, notice of such
2 board action shall be given immediately to such manufacturer and
3 to all persons licensed to import malt or brewed beverages
4 within this Commonwealth by mailing a copy of such order to such
5 manufacturer at its principal place of business, wherever
6 located, and to such licensees at their licensed premises.
7 Thereafter, it shall be unlawful for any person licensed to
8 import malt or brewed beverages within this Commonwealth to
9 purchase [or sell] any malt or brewed beverages manufactured by
10 such outside manufacturer during the term of such prohibition.
11 * * *
12 (i) Any outside manufacturer aggrieved by the action of the
13 board may appeal to the [quarter sessions court of Dauphin
14 County] Commonwealth Court in the same manner as herein provided
15 for appeals from refusals to grant licenses. Upon appeal, the
16 court shall in the exercise of its discretion, sustain, reject,
17 alter or modify the findings, conclusions and penalties of the
18 board, based on the findings of fact and conclusions of law as
19 found by the court.
20 Section 6. Subsections (a) and (f) of section 461 of the
21 act, subsection (a) amended July 11, 1980 (No.117) and
22 subsection (f) added June 1, 1978 (P.L.451, No.56), are amended
23 to read:
24 Section 461. Limiting Number of Retail Licenses To Be Issued
25 In Each Municipality.--(a) No licenses shall hereafter be
26 granted by the board for the retail sale of malt or brewed
27 beverages or the retail sale of liquor and malt or brewed
28 beverages in excess of one of such licenses of any class for
29 each two thousand inhabitants in any municipality, exclusive of
30 licenses granted to airport restaurants, municipal golf courses,
19790H1527B4055 - 9 -
1 and hotels [and incorporated units of national veterans'
2 organizations], as defined in this section, and clubs; but at
3 least one such license may be granted in each municipality and
4 in each part of a municipality where such municipality is split
5 so that each part thereof is separated by another municipality,
6 except in municipalities where the electors have voted against
7 the granting of any retail licenses and except in that part of a
8 split municipality where the electors have voted against the
9 granting of any retail licenses. Nothing contained in this
10 section shall be construed as denying the right to the board to
11 renew or to transfer existing retail licenses of any class
12 notwithstanding that the number of such licensed places in a
13 municipality shall exceed the limitation hereinbefore
14 prescribed; but where such number exceeds the limitation
15 prescribed by this section, no new license, except for hotels,
16 municipal golf courses, and airport restaurants [and
17 incorporated units of national veterans' organizations], as
18 defined in this section, shall be granted so long as said
19 limitation is exceeded.
20 * * *
21 [(f) The term "national veterans' organization" shall mean
22 any veterans' organization having a national charter.
23 The term "incorporated unit of a national veterans'
24 organization" shall mean any incorporated post, branch, camp,
25 detachment, lodge or other subordinate unit of a national
26 veterans' organization having one hundred or more paid up
27 members as of, and organized prior to, January 1, 1975.]
28 Section 7. The act is amended by adding a section to read:
29 Section 461.1. Incorporated Units of National Veterans'
30 Organizations.--(a) The board shall have the authority to issue
19790H1527B4055 - 10 -
1 new licenses to incorporated units of national veterans'
2 organizations, as defined herein, in municipalities where the
3 number of licenses exceeds the limitation prescribed by section
4 461.
5 (b) The term "national veterans' organization" shall mean
6 any veterans' organization having a national charter.
7 The term "incorporated unit of a national veterans'
8 organization" shall mean any incorporated post, branch, camp,
9 detachment, lodge or other subordinate unit of a national
10 veterans' organization having one hundred or more paid up
11 members and organized for a period of at least three years prior
12 to filing the application for a license.
13 (c) When the charter of an incorporated unit of a national
14 veterans' organization is suspended or revoked, the retail
15 license of the organization shall also be suspended or revoked.
16 The retail license of an incorporated unit of a national
17 veterans' organization is not transferable to any other
18 organization or person.
19 Section 8. Section 463 of the act is amended by adding a
20 subsection to read:
21 Section 463. Places of Amusement Not To Be Licensed;
22 Penalty.--* * *
23 (a.2) Nothing contained in this act shall be construed to
24 prevent the holder of restaurant liquor or malt and brewed
25 beverage license from selling liquor and malt or brewed
26 beverages in a bowling alley when no minors are present where
27 the restaurant and bowling alley are immediately adjacent and
28 under the same roof. The restaurant liquor or malt and brewed
29 beverage licensee aforementioned shall be subject to all the
30 conditions and restrictions applicable to such restaurant
19790H1527B4055 - 11 -
1 licenses except the above prohibition against any passageway or
2 communication between a licensed premise and a place of
3 amusement.
4 * * *
5 Section 9. Subsection (a) of section 475 of the act, added
6 November 26, 1978 (P.L.1389, No.326), is amended to read:
7 Section 475. Establishments Proximate to Interstate Highways
8 Not To Be Licensed.--(a) No license for the sale of liquor or
9 malt or brewed beverages in any quantity shall be granted to the
10 proprietor, lessee, keeper or manager of an establishment [any
11 part of] the entrance to which is located within three hundred
12 feet of any part of a ramp of an interstate limited access
13 highway.
14 * * *
15 Section 10. Clause (6) of section 491 of the act is amended
16 to read:
17 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
18 Liquor Licensees.--
19 It shall be unlawful--
20 * * *
21 (6) Sales by Restaurant and Hotel Liquor Licensees. For any
22 restaurant or hotel licensee, his servants, agents or employes,
23 to sell any liquor or malt or brewed beverages for consumption
24 on the licensed premises except in a room or rooms or place on
25 the licensed premises at all times accessible to the use and
26 accommodation of the general public, but this section shall not
27 be interpreted to prohibit a hotel licensee, or a restaurant
28 licensee when the restaurant is located in a hotel, from selling
29 liquor or malt or brewed beverages in any room of such hotel
30 occupied by a bona fide guest or to prohibit a restaurant
19790H1527B4055 - 12 -
1 licensee from selling liquor or malt or brewed beverages in a
2 bowling alley when no minors are present where the restaurant
3 and bowling alley are immediately adjacent and under the same
4 roof.
5 * * *
6 Section 11. This act shall take effect immediately.
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