PRIOR PRINTER'S NOS. 1402, 1610, 1998, PRINTER'S NO. 2077
2037
No. 1164 Session of 1997
INTRODUCED BY THOMPSON, WAGNER, EARLL, STOUT, SALVATORE,
WOZNIAK, HART AND MURPHY, OCTOBER 20, 1997
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 9, 1998
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 sales by liquor licensees, for <--
18 secondary service areas of certain licensees, PROVIDING FOR <--
19 ALCOHOLIC CIDER; FURTHER PROVIDING for certain performing
20 arts facilities, for wine auction permits, for malt and
21 brewed beverages licenses, stadium or arena permits, for
22 distributors and importing distributors restrictions, for
23 interlocking business, for malt or brewed beverages
24 manufactured outside this Commonwealth, for exceptions to
25 limiting the number of retail licenses issued in each
26 municipality, for incorporated units of National veterans
27 organizations, for licenses not assignable, for application
28 filing dates, for the filing of license renewal applications,
29 for display of prices of alcoholic beverages, for licensee's
30 outside advertisements, for special occasion permits and for
31 licensees employed by others.
32 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 406(a) of the act of April 12, 1951 <--
3 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
4 June 29, 1987 (P.L.32, No.14), is amended by adding a clause to
5 read:
6 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
7 * * *
8 (8) Notwithstanding other provisions to the contrary, a
9 catering club licensee that is a volunteer fire company may sell
10 liquor or malt or brewed beverages to nonmembers who purchase
11 tickets in advance or at the door for a catered function.
12 * * *
13 Section 2. Section 406.1 of the act, amended July 1, 1994
14 (P.L.402, No.61), is amended to read:
15 Section 406.1. Secondary Service Area.--[Upon application of
16 any restaurant, hotel, club, any stadium as described in section
17 408.9 or municipal golf course liquor licensee, and payment of
18 the appropriate fee,] Upon application and payment of the
19 appropriate fee by any golf course licensee prescribed in
20 section 461, any class of retail licensee operating at and in
21 conjunction with a golf course as defined in section 102 or ski
22 facility, or any stadium as prescribed in section 408.9, the
23 board may approve a secondary service area by extending the
24 licensed premises to include one additional permanent structure
25 with dimensions of at least one hundred seventy-five square
26 feet, enclosed on at least three sides [and having adequate
27 seating]. Such secondary service area must be located on
28 property having a minimum area of one (1) acre, and must be on
29 land which is immediate, abutting, adjacent or contiguous to the
30 licensed premises [with no intervening public thoroughfare]. In
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1 any stadium as described in section 408.9, only malt or brewed
2 beverages may be served and there shall be no intervening public
3 thoroughfare between the licensed premises and a secondary
4 service area. There shall be no requirement that the secondary
5 service area be physically connected to the original licensed
6 premises. In addition, there shall be no requirement that the
7 secondary service area be located in the same municipality as
8 the original licensed premises, provided, however, that the
9 board shall not approve a secondary service area in this case if
10 that secondary service area is located in any municipality where
11 the granting of liquor licenses has been prohibited as provided
12 in this article. Notwithstanding 40 Pa. Code § 7.21(c)(3), the
13 licensee shall be permitted to store, serve, sell or dispense
14 food, liquor and malt or brewed beverages at the board approved
15 secondary service area.
16 SECTION 1. THE DEFINITION OF "MALT OR BREWED BEVERAGES" IN <--
17 SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN
18 AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32,
19 NO.14), IS AMENDED AND THE SECTION IS AMENDED BY ADDING A
20 DEFINITION TO READ:
21 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
22 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
23 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
24 * * *
25 "ALCOHOLIC CIDER" SHALL MEAN A BEVERAGE WHICH MAY CONTAIN
26 CARBONATION IN AN AMOUNT NOT TO EXCEED THREE HUNDRED NINETY-TWO
27 ONE THOUSANDTHS OF A GRAM PER ONE HUNDRED MILLILITERS AND
28 FLAVORS, PRODUCED THROUGH ALCOHOLIC FERMENTATION OF ONLY APPLES
29 OR APPLE JUICE, CONSISTING OF AT LEAST ONE-HALF OF ONE PER
30 CENTUM, BUT NOT GREATER THAN FIVE AND ONE-HALF PER CENTUM,
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1 ALCOHOL BY VOLUME AND SOLD OR OFFERED FOR SALE AS ALCOHOLIC
2 CIDER AND NOT AS A WINE, A WINE PRODUCT, OR AS A SUBSTITUTE FOR
3 WINE, IN BOTTLES, CASES, KEGS, CANS OR OTHER SUITABLE CONTAINERS
4 OF THE TYPE USED FOR THE SALE OF MALT OR BREWED BEVERAGES IN
5 THIS COMMONWEALTH.
6 * * *
7 "MALT OR BREWED BEVERAGES" [MEANS] SHALL MEAN ANY BEER, LAGER
8 BEER, ALE, PORTER OR SIMILAR FERMENTED MALT BEVERAGE CONTAINING
9 ONE-HALF OF ONE PER CENTUM OR MORE OF ALCOHOL BY VOLUME, BY
10 WHATEVER NAME SUCH BEVERAGE MAY BE CALLED, AND SHALL MEAN
11 ALCOHOLIC CIDER.
12 * * *
13 Section 3 2. Section 408.4(a), (c) and (e) of the act, <--
14 amended April 29, 1994 (P.L.212, No.30), October 5, 1994
15 (P.L.522, No.77), December 20, 1996 (P.L.1523, No.199) and
16 February 18, 1998 (P.L.162, No.25), are amended and the section
17 is amended by adding a subsection to read:
18 Section 408.4. Special Occasion Permits.--(a) Upon
19 application of any hospital, church, synagogue, volunteer fire
20 company, volunteer ambulance company, volunteer rescue squad,
21 nonprofit agricultural association in existence for at least ten
22 years, bona fide sportsmen's club in existence for at least ten
23 years, nationally chartered veterans' organization and any
24 affiliated lodge or subdivision of such organization, fraternal
25 benefit society that is licensed to do business in this
26 Commonwealth and any affiliated lodge or subdivision of such
27 fraternal benefit society, or one auxiliary of any of the
28 foregoing, and upon payment of the prescribed fee for special
29 occasion permits under section 614-A of the act of April 9, 1929
30 (P.L.177, No.175), known as "The Administrative Code of 1929,"
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1 the board shall issue a special occasion permit good for a
2 period of not more than six consecutive or nonconsecutive days
3 during a calendar year. Special occasion permits may also be
4 issued to a museum operated by a nonprofit corporation [in a <--
5 city of the third class or township of the first class or], a <--
6 nonprofit corporation engaged in the performing arts [in a city <--
7 of the third class or in an incorporated town], or an arts <--
8 council for a period of not more than six nonconsecutive or ten
9 consecutive days at the prescribed fee for special occasion
10 permits under section 614-A of "The Administrative Code of
11 1929."
12 * * *
13 (c) Such special occasion permit shall only be valid for the
14 number of days stated in the permit. Only one permit may be
15 issued to any permittee during the year. Provided, that a museum
16 operated by a nonprofit corporation [in a city of the third <--
17 class or township of the first class and], a nonprofit <--
18 corporation engaged in the performing arts [in a city of the <--
19 third class], or an arts council may be issued no more than six <--
20 permits during the year, each permit being valid for only one
21 day, or in the alternative, one permit valid for no more than a
22 total of ten consecutive days per year[, which may be issued <--
23 only during the month of August]. <--
24 * * *
25 (e) The provisions of this section shall not be applicable
26 to any of the following:
27 (1) A licensee now or hereafter possessing a caterer's
28 license, [nor to any] other than a volunteer fire company,
29 volunteer ambulance company or volunteer rescue squad, which
30 owns its own facility and wishes to use its special occasion
19970S1164B2077 - 5 -
1 permit at that facility.
2 (2) A professional fund raiser.
3 * * *
4 (g) For the purposes of this section "arts council" means a
5 tax-exempt organization which promotes the visual arts,
6 performing arts, or both, and which receives funding under the
7 Local Arts Services Program administered by the Pennsylvania
8 Council on the Arts.
9 Section 4 3. Section 408.6(a) of the act, amended February <--
10 18, 1998 (P.L.162, No.25), is amended to read:
11 Section 408.6. Performing Arts Facilities in Second Class A
12 Cities, Third Class Cities, boroughs and Townships of the Second
13 Class Located in Fourth Class Counties.--(a) The board is
14 authorized to issue a restaurant liquor license to a nonprofit
15 corporation or to a concessionaire selected by such nonprofit
16 corporation in any city of the second class A, any city of the
17 third class or any borough for the retail sale of liquor and
18 malt or brewed beverages by the glass, open bottles or other
19 container or in any mixture for consumption on any city-owned
20 premises utilized as a nonprofit performing arts facility or any
21 other premises utilized as a nonprofit performing arts facility
22 where there is an available seating capacity within the premises
23 of [six hundred fifty] five hundred or more: Provided, however,
24 That no sale or consumption of such beverages shall take place
25 on any portions of such premises other than service areas
26 approved by the board.
27 * * *
28 Section 5 4. Section 408.12(a) of the act added July 1, 1994 <--
29 (P.L.402, No.61), is amended to read:
30 Section 408.12. Wine Auction Permits.--(a) Upon application
19970S1164B2077 - 6 -
1 of any nonprofit public television station which is a member of
2 the Pennsylvania Public Television Network, any orchestra
3 located in a county of the first or second class which is
4 operated by a nonprofit corporation [or], any museum located in
5 a county of the first or second class which is operated by a
6 nonprofit corporation or any nonprofit corporation located in
7 any county of the third class which trains and places dogs for
8 people who are physically handicapped and upon payment of a fee
9 of thirty dollars ($30) per day, the board shall issue a wine
10 auction permit good for a period of not more than four
11 consecutive or nonconsecutive days per calendar year.
12 * * *
13 Section 6 5. Section 431(a) and (b) of the act, amended May <--
14 31, 1996 (P.L.312, No.49), are amended and the section is
15 amended by adding subsections to read:
16 Section 431. Malt and Brewed Beverages Manufacturers',
17 Distributors' and Importing Distributors' Licenses.--(a) The
18 board shall issue to any person a resident of this Commonwealth
19 of good repute who applies therefor, pays the license fee
20 hereinafter prescribed, and files the bond hereinafter required,
21 a manufacturer's license to produce and manufacture malt or
22 brewed beverages, and to transport, sell and deliver malt or
23 brewed beverages [at or from one or more places of manufacture
24 or storage,] from the place of manufacture only in original
25 containers, in quantities of not less than a case or original
26 containers containing one hundred twenty-eight ounces or more
27 which may be sold separately anywhere within the Commonwealth.
28 [Licenses for places of storage shall be limited to those
29 maintained by manufacturers on July eighteenth, one thousand
30 nine hundred thirty-five, and the board shall issue no licenses
19970S1164B2077 - 7 -
1 for places of storage in addition to those maintained on July
2 eighteenth, one thousand nine hundred thirty-five.] The
3 application for such license shall be in such form and contain
4 such information as the board shall require. All such licenses
5 shall be granted for a license period to be determined by the
6 board. Every manufacturer shall keep at his or its principal
7 place of business, within the Commonwealth daily permanent
8 records which shall show, (1) the quantities of raw materials
9 received and used in the manufacture of malt or brewed beverages
10 and the quantities of malt or brewed beverages manufactured and
11 stored, (2) the sales of malt or brewed beverages, (3) the
12 quantities of malt or brewed beverages stored for hire or
13 transported for hire by or for the licensee, and (4) the names
14 and addresses of the purchasers or other recipients thereof.
15 Every place licensed as a manufacturer shall be subject to
16 inspection by members of the board or by persons duly authorized
17 and designated by the board, at any and all times of the day or
18 night, as they may deem necessary, for the detection of
19 violations of this act or of the rules and regulations of the
20 board, or for the purpose of ascertaining the correctness of the
21 records required to be kept by licensees. The books and records
22 of such licensees shall at all times be open to inspection by
23 members of the board or by persons duly authorized and
24 designated by the board. Members of the board and its duly
25 authorized agents shall have the right, without hindrance, to
26 enter any place which is subject to inspection hereunder or any
27 place where such records are kept for the purpose of making such
28 inspections and making transcripts thereof. Whenever any checks
29 issued in payment of filing and/or license fees shall be
30 returned to the board as dishonored, the board shall charge a
19970S1164B2077 - 8 -
1 fee of five dollars ($5.00) per hundred dollars or fractional
2 part thereof, plus all protest fees, to the maker of such check
3 submitted to the board. Failure to make full payment or pay the
4 face amount of the check in full and all charges thereon as
5 herein required within ten days after demand has been made by
6 the board upon the maker of the check or upon notification to
7 the board by the Department of Revenue or the Department of
8 Labor and Industry of its objection, the license of such person
9 shall immediately become invalid and shall remain invalid until
10 payment and all charges are received by the board.
11 (a.1) Any out of State manufacturer whose products are sold
12 and delivered within this Commonwealth and whose production
13 exceeds 15,000 barrels per year shall be authorized to rent,
14 lease or otherwise acquire space from an importing distributor
15 or bailee for hire authorized by this act at no more than two
16 locations per manufacturer for use of a segregated portion of a
17 warehouse or other storage facility owned or operated by the
18 importing distributor or bailee for hire at which the out of
19 State manufacturer may store and sell malt or brewed beverages
20 to any importing distributor to whom the out of State
21 manufacturer has granted distribution rights pursuant to
22 subsection (b) or to any purchaser outside this Commonwealth for
23 delivery outside this Commonwealth; or to ship to its storage
24 facility outside this Commonwealth. Such manufacturer may
25 compensate the importing distributor or bailee for hire for any
26 related storage or delivery services. The out of State
27 manufacturer must file with the Liquor Control Board the rate of
28 compensation to be paid. A separate written application must be
29 filed to acquire storage licenses and the board may establish
30 the information that must be provided on the application. The
19970S1164B2077 - 9 -
1 initial filing must be made prior to any payments being made,
2 and any subsequent changes in the rate of compensation must be
3 filed within thirty days of any such change. Nothing in this act
4 authorizing storage facilities for out of State manufacturers is
5 intended to make any change in the manner malt or brewed
6 beverages is distributed through the three-tier system.
7 (a.2) The board shall issue to a holder of a manufacturer's
8 license whose production exceeds 15,000 barrels per year no more
9 than two storage licenses per manufacturer to cover storage
10 facilities separate from the location of the manufacturing
11 facility. A manufacturer may use its storage facilities to
12 receive, store, sell and distribute malt or brewed beverages in
13 the same manner as it can at its place of manufacture. A
14 separate written application must be filed to acquire storage
15 licenses and the board is empowered to establish what
16 information must be provided on that application. The filing and <--
17 license fees shall be prescribed in section 614-A of the act of
18 April 9, 1929 (P.L.177, No.175), known as "The Administrative
19 Code of 1929." Nothing in this act authorizing off-site storage
20 facilities for manufacturers is intended to make any change in
21 the manner malt or brewed beverages is distributed through the
22 three-tier system.
23 (b) The board shall issue to any reputable person who
24 applies therefor, pays the license fee hereinafter prescribed,
25 and files the bond hereinafter required, a distributor's or
26 importing distributor's license for the place which such person
27 desires to maintain for the sale of malt or brewed beverages,
28 not for consumption on the premises where sold, and in
29 quantities of not less than a case or original containers
30 containing one hundred twenty-eight ounces or more which may be
19970S1164B2077 - 10 -
1 sold separately as prepared for the market by the manufacturer
2 at the place of manufacture. The board shall have the discretion
3 to refuse a license to any person or to any corporation,
4 partnership or association if such person, or any officer or
5 director of such corporation, or any member or partner of such
6 partnership or association shall have been convicted or found
7 guilty of a felony within a period of five years immediately
8 preceding the date of application for the said license: And
9 provided further, That, in the case of any new license or the
10 transfer of any license to a new location, the board may, in its
11 discretion, grant or refuse such new license or transfer if such
12 place proposed to be licensed is within three hundred feet of
13 any church, hospital, charitable institution, school or public
14 playground, or if such new license or transfer is applied for a
15 place which is within two hundred feet of any other premises
16 which is licensed by the board: And provided further, That the
17 board shall refuse any application for a new license or the
18 transfer of any license to a new location if, in the board's
19 opinion, such new license or transfer would be detrimental to
20 the welfare, health, peace and morals of the inhabitants of the
21 neighborhood within a radius of five hundred feet of the place
22 proposed to be licensed. The board shall refuse any application
23 for a new license or the transfer of any license to a location
24 where the sale of liquid fuels or oil is conducted. The board
25 shall require notice to be posted on the property or premises
26 upon which the licensee or proposed licensee will engage in
27 sales of malt or brewed beverages. This notice shall be similar
28 to the notice required of hotel, restaurant and club liquor
29 licensees.
30 Except as hereinafter provided, such license shall authorize
19970S1164B2077 - 11 -
1 the holder thereof to sell or deliver malt or brewed beverages
2 in quantities above specified anywhere within the Commonwealth
3 of Pennsylvania, which, in the case of distributors, have been
4 purchased only from persons licensed under this act as
5 manufacturers or importing distributors, and in the case of
6 importing distributors, have been purchased from manufacturers
7 or persons outside this Commonwealth engaged in the legal sale
8 of malt or brewed beverages or from manufacturers or importing
9 distributors licensed under this article. In the case of an
10 importing distributor, the holder of such a license shall be
11 authorized to store malt or brewed beverages owned by an out of
12 State manufacturer at a segregated portion of a warehouse or
13 other storage facility authorized by section 441(d) and operated
14 by the importing distributor within its appointed territory, and
15 deliver such beverages to another importing distributor who has
16 been granted distribution rights by the out of State
17 manufacturer as provided herein. The importing distributor shall
18 be permitted to receive a fee from the out of State manufacturer
19 for any related storage or delivery services. In the case of a
20 bailee for hire hired by an out of State manufacturer, the
21 holder of such a permit shall be authorized to receive or store
22 malt or brewed beverages under the same conditions as permitted
23 for a distributor or importing distributor under section 441(f),
24 produced by that out of State manufacturer for sale by that
25 manufacturer to importing distributors to whom that out of State
26 manufacturer has given distribution rights pursuant to this
27 subsection or to purchasers outside this Commonwealth for
28 delivery outside this Commonwealth; or to ship to that out of
29 State manufacturer's storage facilities outside this
30 Commonwealth. The bailee for hire shall be permitted to receive
19970S1164B2077 - 12 -
1 a fee from the out of State manufacturer for any related storage
2 or delivery services. The bailee for hire shall, as required in
3 Article V of this act, keep complete and accurate records of all
4 transactions, inventory, receipts and shipments and make all
5 records and the licensed areas available for inspection by the
6 board and for the Pennsylvania State Police, Bureau of Liquor
7 Control Enforcement during normal business hours.
8 Each out of State manufacturer of malt or brewed beverages
9 whose products are sold and delivered in this Commonwealth shall
10 give distributing rights for such products in designated
11 geographical areas to specific importing distributors, and such
12 importing distributor shall not sell or deliver malt or brewed
13 beverages manufactured by the out of State manufacturer to any
14 person issued a license under the provisions of this act whose
15 licensed premises are not located within the geographical area
16 for which he has been given distributing rights by such
17 manufacturer. Should a licensee accept the delivery of such malt
18 or brewed beverages in violation of this section, said licensee
19 shall be subject to a suspension of his license for at least
20 thirty days: Provided, That the importing distributor holding
21 such distributing rights for such product shall not sell or
22 deliver the same to another importing distributor without first
23 having entered into a written agreement with the said secondary
24 importing distributor setting forth the terms and conditions
25 under which such products are to be resold within the territory
26 granted to the primary importing distributor by the
27 manufacturer.
28 When a Pennsylvania manufacturer of malt or brewed beverages
29 licensed under this article names or constitutes a distributor
30 or importing distributor as the primary or original supplier of
19970S1164B2077 - 13 -
1 his product, he shall also designate the specific geographical
2 area for which the said distributor or importing distributor is
3 given distributing rights, and such distributor or importing
4 distributor shall not sell or deliver the products of such
5 manufacturer to any person issued a license under the provisions
6 of this act whose licensed premises are not located within the
7 geographical area for which distributing rights have been given
8 to the distributor and importing distributor by the said
9 manufacturer: Provided, That the importing distributor holding
10 such distributing rights for such product shall not sell or
11 deliver the same to another importing distributor without first
12 having entered into a written agreement with the said secondary
13 importing distributor setting forth the terms and conditions
14 under which such products are to be resold within the territory
15 granted to the primary importing distributor by the
16 manufacturer. Nothing herein contained shall be construed to
17 prevent any manufacturer from authorizing the importing
18 distributor holding the distributing rights for a designated
19 geographical area from selling the products of such manufacturer
20 to another importing distributor also holding distributing
21 rights from the same manufacturer for another geographical area,
22 providing such authority be contained in writing and a copy
23 thereof be given to each of the importing distributors so
24 affected.
25 * * *
26 Section 7 6. Section 433.1(a) and (b) of the act, amended <--
27 April 29, 1994 (P.L.212, No.30) and February 18, 1998 (P.L.162,
28 No.25), are amended to read:
29 Section 433.1. Stadium or Arena Permits.--(a) The board is
30 hereby authorized to issue, in cities of the first, second and
19970S1164B2077 - 14 -
1 third class, in counties of the third class, in school districts
2 in counties of the third class and in townships of the second
3 class in counties of the fifth class, special permits allowing
4 the holders thereof to make retail sales of malt or brewed
5 beverages in shatterproof containers at all events on premises
6 principally utilized for competition of professional and amateur
7 athletes and other types of entertainment having an available
8 seating capacity of; (1) twelve thousand or more in cities of
9 the first and second class; (2) four thousand or more and owned
10 by the county or the city in cities of the third class; (3) four
11 thousand two hundred or more and owned by counties of the third
12 class; (4) two thousand five hundred or more in school districts
13 in counties of the third class; and (5) five thousand or more in
14 townships of the second class in counties of the fifth class:
15 Provided, however, That in cities of the second class this
16 section shall be applicable only to premises owned, leased or
17 operated by any authority created under the act of July 29, 1953
18 (P.L.1034, No.270), known as the "Public Auditorium Authorities
19 Law." Such sales may be made only to adults and only on days
20 when the premises are so used and only during the period from
21 one hour before the start of and ending one-half hour after the
22 close of the event on the premises: Provided, however, That in
23 school districts in counties of the third class sales may not be
24 made [only] during [professional] high school and
25 intercollegiate athletic competition.
26 Section 8 7. Section 441(a) of the act, amended May 31, 1996 <--
27 (P.L.312, No.49), is amended to read:
28 Section 441. Distributors' and Importing Distributors'
29 Restrictions on Sales, Storage, Etc.--(a) No distributor or
30 importing distributor shall purchase, receive or resell any malt
19970S1164B2077 - 15 -
1 or brewed beverages except:
2 (1) in the original containers as prepared for the market by
3 the manufacturer at the place of manufacture; [or]
4 (2) in the case of identical containers repackaged in the
5 manner described by subsection (f)[.]; or
6 (3) as provided in section 431(b).
7 * * *
8 Section 9 8. Section 443(e) and (f) of the act are amended <--
9 to read:
10 Section 443. Interlocking Business Prohibited.--* * *
11 (e) Excepting as hereinafter provided, no manufacturer of
12 malt or brewed beverages shall in any wise be interested, either
13 directly or indirectly, in the ownership or leasehold of any
14 property or any mortgage lien against the same, for which a
15 distributor's or importing distributor's license is granted; nor
16 shall any such manufacturer, either directly or indirectly, lend
17 any moneys, credit, or their equivalent to, or guarantee the
18 payment of any bond, mortgage, note or other obligation of, any
19 distributor or importing distributor, in equipping, fitting out,
20 or maintaining and conducting, either in whole or in part, an
21 establishment or business where malt or brewed beverages are
22 licensed for sale by a distributor or importing distributor,
23 excepting only the usual credits allowed for the return of
24 original containers in which malt or brewed beverages were
25 originally packaged for the market by the manufacturer at the
26 place of manufacture: Provided, however, That a holder of a
27 manufacturer's license under section 431(a) who is eligible to
28 operate a brewery pub under section 446(2) or a limited winery
29 as provided for under section 505.2 may also hold and operate
30 under a hotel liquor license, a restaurant liquor license or a
19970S1164B2077 - 16 -
1 malt and brewed beverages retail license on the manufacturer's
2 or limited winery's licensed premises. The hotel liquor license
3 or restaurant liquor license or the malt and brewed beverages
4 retail license shall be acquired by the manufacturer or limited
5 winery subject to section 461 and shall satisfy all requirements
6 for each respective license. Nothing in this section shall be
7 construed to prohibit an out of State manufacturer from engaging
8 in a transaction or making payments authorized by section
9 431(a.1).
10 (f) No distributor, importing distributor or retail
11 dispenser shall in anywise receive, either directly or
12 indirectly, any credit, loan, moneys or the equivalent thereof
13 from any other licensee, or from any officer, director or firm
14 member of any other licensee, or from or through a subsidiary or
15 affiliate of another licensee, or from any firm, association or
16 corporation, except banking institutions, in which another
17 licensee or any officer, director or firm member of another
18 licensee has a substantial interest or exercises a control of
19 its business policy, for equipping, fitting out, payment of
20 license fee, maintaining and conducting, either in whole or in
21 part, an establishment or business operated under a
22 distributor's, importing distributor's or retail dispenser's
23 license, excepting only the usual and customary credits allowed
24 for the return of original containers in which malt or brewed
25 beverages were packaged for the market by the manufacturer at
26 the place of manufacture: Provided, however, That a holder of a
27 manufacturer's license under section 431(a) who is eligible to
28 operate a brewery pub under section 446(2) or a limited winery
29 as provided for under section 505.2 may also hold and operate
30 under a hotel liquor license, a restaurant liquor license or a
19970S1164B2077 - 17 -
1 malt and brewed beverages retail license on the manufacturer's
2 or limited winery's licensed premises. The hotel liquor license
3 or restaurant liquor license or the malt and brewed beverages
4 retail license shall be acquired by the manufacturer or limited
5 winery subject to section 461 and shall satisfy all requirements
6 for each respective license. Nothing in this section shall be
7 construed to prohibit an importing distributor from receiving
8 payment from an out of State manufacturer for engaging in a
9 transaction or performing services authorized by section 431(b)
10 or 444(a.1).
11 * * *
12 Section 10 9. Section 444(e) of the act is amended and the <--
13 section is amended by adding a subsection to read:
14 Section 444. Malt or Brewed Beverages Manufactured Outside
15 This Commonwealth.--* * *
16 (a.1) Any out of State manufacturer of malt or brewed
17 beverages may appoint an importing distributor or bailee for
18 hire to perform the services prescribed in section 431(b) and
19 provide a fee to an importing distributor or bailee for hire who
20 performs such services.
21 * * *
22 (e) Upon such hearing, whether or not an appearance was made
23 by such outside manufacturer, if satisfied that any such
24 violation has occurred, the board is specifically empowered and
25 directed to issue an order imposing a fine upon such outside
26 manufacturer of not less than five hundred dollars ($500) or
27 more than ten thousand dollars ($10,000), or prohibiting the
28 importation of malt or brewed beverages manufactured by such
29 [outside] out of State manufacturer into this Commonwealth for a
30 period not exceeding three years, or both. Such fine or
19970S1164B2077 - 18 -
1 prohibition shall not go into effect until twenty days have
2 elapsed from the date of notice of issuance of the board's
3 order.
4 * * *
5 Section 11 10. Section 461(a) of the act, amended October 5, <--
6 1994 (P.L.522, No.77), is amended to read:
7 Section 461. Limiting Number of Retail Licenses To Be Issued
8 In Each Municipality.--(a) No licenses shall hereafter be
9 granted by the board for the retail sale of malt or brewed
10 beverages or the retail sale of liquor and malt or brewed
11 beverages in excess of one of such licenses of any class for
12 each three thousand inhabitants in any municipality, exclusive
13 of licenses granted to airport restaurants, municipal golf
14 courses, hotels, privately-owned public golf courses and units
15 of nonprofit nationally chartered clubs, as defined in this
16 section, whose applications are filed on or before December 31,
17 [1994] 1998, and except those units falling under section 461.1,
18 and clubs; but at least one such license may be granted in each
19 municipality and in each part of a municipality where such
20 municipality is split so that each part thereof is separated by
21 another municipality, except in municipalities where the
22 electors have voted against the granting of any retail licenses
23 and except in that part of a split municipality where the
24 electors have voted against the granting of any retail licenses.
25 Nothing contained in this section shall be construed as denying
26 the right to the board to renew or to transfer existing retail
27 licenses of any class notwithstanding that the number of such
28 licensed places in a municipality shall exceed the limitation
29 hereinbefore prescribed; but where such number exceeds the
30 limitation prescribed by this section, no new license, except
19970S1164B2077 - 19 -
1 for hotels, municipal golf courses, airport restaurants,
2 privately-owned public golf courses, privately-owned private
3 golf course licensees and units of nonprofit nationally
4 chartered clubs, as defined in this section, whose applications
5 are filed on or before December 31, [1994] 1998, and except
6 those units falling under section 461.1, shall be granted so
7 long as said limitation is exceeded.
8 * * *
9 Section 12 11. Section 461.1 of the act, amended June 30, <--
10 1992 (P.L.327, No.66), is amended to read:
11 Section 461.1. Incorporated Units of National Veterans'
12 Organizations.--(a) The board shall have the authority to issue
13 new licenses to incorporated units of national veterans'
14 organizations, as defined herein, in municipalities where the
15 number of licenses exceeds the limitation prescribed by section
16 461.
17 (b) The term "national veterans' organization" shall mean
18 any veterans' organization having a national charter.
19 The term "incorporated unit of a national veterans'
20 organization" shall mean any incorporated post, branch, camp,
21 detachment, lodge or other subordinate unit of a national
22 veterans' organization having one hundred or more paid up
23 members and organized for a period of at least one year prior to
24 filing the application for a license. The term does not include
25 auxiliaries, "sons of" or other similar organization.
26 The term "affiliated organization" shall mean home
27 associations, home corporations, auxiliaries, "sons of" or
28 similar organizations which are directly affiliated with an
29 incorporated unit or a national veterans' organization. An
30 affiliated organization must meet the definition of a club set
19970S1164B2077 - 20 -
1 forth in section 102, except that:
2 (1) if incorporated, the affiliated organization need not
3 have been in continuous existence for at least one year prior to
4 its application; or
5 (2) if unincorporated, the affiliated organization need not
6 have been in continuous existence for at least ten years prior
7 to its application.
8 (c) When the charter of an incorporated unit of a national
9 veterans' organization is suspended or revoked, the [retail]
10 club license of the organization shall also be suspended or
11 [revoked] rescinded. The [retail] club license of an
12 incorporated unit of a national veterans' organization is not
13 transferable to any other organization or person[.], except as
14 provided in this section.
15 (d) An incorporated unit of a national veterans'
16 organization may transfer its club license to its affiliated
17 organization as long as, in addition to fulfilling all the
18 requirements pertaining to the transfer of club licenses, the
19 state department of the national veterans' organization provides
20 the board with written approval for such a transfer. The license
21 shall be suspended or rescinded upon the suspension or
22 revocation of the charter of the affiliated incorporated unit of
23 the national veterans' organization. The license shall also be
24 rescinded upon request of the state department of the national
25 veterans' organization or if the affiliated organization's
26 affiliation with the incorporated unit of the national veterans'
27 organization is severed.
28 (e) Only one club license may be issued to the incorporated
29 unit of the national veterans' organization, and the board may
30 not issue a license to an incorporated unit of a national
19970S1164B2077 - 21 -
1 veterans' organization if any of the unit's affiliated
2 organizations holds a club license.
3 (f) For purposes of this section, a municipality which
4 permits the issuance of club liquor licenses to incorporated
5 units of national veterans' organizations also permits the
6 transfer of such licenses to an affiliated organization of the
7 incorporated unit of the national veterans' organization.
8 (g) An incorporated unit of a national veterans' association
9 or an affiliated organization which has its license suspended or
10 rescinded or its request for transfer denied under this section
11 may request a hearing before a hearing examiner under section
12 464. The board may not consider the propriety of the state
13 department of the national veterans' organization's decision to
14 suspend the charter, revoke the charter or refuse to approve the
15 transfer. The written request from the state department of the
16 national veterans' organization, standing alone, is admissible
17 evidence at the board hearing. An appeal of the board's decision
18 may be taken under section 464, except that the appeal shall not
19 act as a supersedeas of the board's decision.
20 Section 13 12. Section 468(a) and (c) of the act, amended or <--
21 added June 24, 1982 (P.L.624, No.176), are amended to read:
22 Section 468. Licenses Not Assignable; Transfers.--(a) (1)
23 Licenses issued under this article may not be assigned. The
24 board, upon payment of the transfer filing fee and the execution
25 of a new bond, is hereby authorized to transfer any license
26 issued by it under the provisions of this article from one
27 person to another or from one place to another, or both, within
28 the same municipality, and if the applicant is a unit of a
29 nonprofit nationally chartered club, the board is hereby
30 authorized to transfer such license to a place in any other
19970S1164B2077 - 22 -
1 municipality within the same county if the sale of liquor or
2 malt and brewed beverages are legal in such other municipality
3 as the board may determine. Prior to the approval of an
4 application for transfer by a unit of a nonprofit nationally
5 chartered club the board shall make an affirmative finding, upon
6 proof submitted by the applicant, and after investigation by the
7 board, that at the time the application for transfer is made the
8 club continues to hold a valid national charter and continues to
9 function in fact as a club as defined in section 102. The board,
10 in its discretion, may transfer an existing restaurant retail
11 dispenser or club license from one municipality to another in
12 the same county regardless of the quota limitations provided for
13 in this act, if sales of liquor or malt and brewed beverages are
14 legal in such other municipality and if the restaurant retail
15 dispenser or club lost the use of the building in which it was
16 located due to governmental exercise of the right of eminent
17 domain and no other suitable building can be found in the first
18 municipality.
19 (2) (i) The board, in its discretion, may transfer an
20 existing restaurant liquor license from one municipality to
21 another municipality of the same county or in a contiguous
22 county regardless of the quota limitations provided for in this
23 act, if:
24 (A) sales of liquor or malt and brewed beverages are legal
25 in such other municipality;
26 (B) the location in the same county or a contiguous county
27 is an indoor bowling center; and
28 (C) the restaurant liquor license is currently located in an
29 area which has been designated as blighted.
30 (ii) For purposes of this subsection, a property shall be
19970S1164B2077 - 23 -
1 determined to be blighted if it is any of the following:
2 (A) real property within or outside a certified
3 redevelopment area determined to be blighted property under the
4 act of May 24, 1945 (P.L.991, No.385), known as the "Urban
5 Redevelopment Law";
6 (B) any property declared to be blighted, under the "Urban
7 Redevelopment Law," by a Pennsylvania local government or its
8 agency; or
9 (C) any property which is located within a redevelopment
10 area, when one of the stated purposes of designation as a
11 redevelopment area is to remove blight, designated by a local
12 government or its agencies under the "Urban Redevelopment Law."
13 (iii) If a restaurant liquor license is transferred to an
14 indoor bowling center located outside of the municipality in
15 which the license was originally issued, that restaurant liquor
16 license may not be transferred within five years of the date of
17 initial transfer unless the subsequent transfer is for use in an
18 indoor bowling center. In the case of distributor and importing
19 distributor licenses, the board may transfer any such license
20 from its place in a municipality to a place in any other
21 municipality within the same county, or from one place to
22 another place within the same municipality, or exchange a
23 distributor license for an importing distributor license or an
24 importing distributor license for a distributor license, if the
25 building for which the license is to be issued has, in the case
26 of an importing distributor license, an area under one roof of
27 two thousand five hundred square feet and, in the case of a
28 distributor license, an area under one roof of one thousand
29 square feet: And provided, That, in the case of all transfers of
30 distributor or importing distributor licenses, whether from a
19970S1164B2077 - 24 -
1 place within the same municipality to another place within the
2 same municipality or from a place in a municipality to a place
3 in any other municipality within the same county, and, in the
4 case of an exchange of a distributor license for an importing
5 distributor license or an importing distributor license for a
6 distributor license, the premises to be affected by the transfer
7 or exchange shall contain an office separate and apart from the
8 remainder of the premises to be licensed for the purpose of
9 keeping records, required by the board, adequate toilet
10 facilities for employes of the licensee and an entrance on a
11 public thoroughfare: Provided, however, That in the event that
12 the majority of the voting electors of a municipality, at an
13 election held under the provisions of any law so empowering them
14 to do, shall vote against the issuance of distributor or
15 importing distributor licenses in such municipality, the board
16 is hereby authorized to transfer any such distributor or
17 importing distributor license from its place in such
18 municipality to a place in any other municipality within the
19 same county, upon application prior to the expiration of any
20 such license and upon payment of the transfer filing fee and the
21 execution of a new bond; but no transfer shall be made to a
22 person who would not have been eligible to receive the license
23 originally nor for the transaction of business at a place for
24 which the license could not lawfully have been issued
25 originally, nor, except as herein provided, to a place as to
26 which a license has been revoked.
27 (3) No license shall be transferred to any place or property
28 upon which is located as a business the sale of liquid fuels and
29 oil. Except in cases of emergency such as death, serious
30 illness, or circumstances beyond the control of the licensee, as
19970S1164B2077 - 25 -
1 the board may determine such circumstances to justify its
2 action, transfers of licenses may be made only at times fixed by
3 the board. In the case of the death of a licensee, the board may
4 transfer the license to the surviving spouse or personal
5 representative or to a person designated by him. From any
6 refusal to grant a transfer or upon the grant of any transfer,
7 the party aggrieved shall have the right of appeal to the proper
8 court in the manner hereinbefore provided.
9 * * *
10 (c) (1) The term "nonprofit nationally chartered club" shall
11 mean any club which does not contemplate pecuniary gain or
12 profit, incidental or otherwise, having a national charter.
13 (2) The term "unit of a nonprofit nationally chartered club"
14 shall mean any post, branch, lodge or other subordinate unit of
15 a nonprofit nationally chartered club.
16 (3) The term "indoor bowling center" shall mean an enclosed
17 facility of at least twelve thousand square feet with a minimum
18 of eighteen bowling lanes and which has as its primary focus the
19 offering of bowling as a recreational activity to the general
20 public.
21 * * *
22 Section 14 13. Section 470(a) of the act, amended April 29, <--
23 1994 (P.L.212, No.30), is amended to read:
24 Section 470. Renewal of Licenses; Temporary Provisions for
25 Licensees in Armed Service.--(a) All applications for renewal
26 of licenses under the provisions of this article shall be filed
27 with a new bond, tax clearance from the Department of Revenue
28 and the Department of Labor and Industry and requisite license
29 and filing fees at least sixty days before the expiration date
30 of same: Provided, however, That the board, in its discretion,
19970S1164B2077 - 26 -
1 may accept nunc pro tunc a renewal application filed less than
2 sixty days before the expiration date of the license with the
3 required bond and fees, upon reasonable cause shown and the
4 payment of an additional filing fee of one hundred dollars
5 ($100.00) for late filing: And provided further, That except
6 where the failure to file a renewal application on or before the
7 expiration date has created a license quota vacancy after said
8 expiration date which has been filled by the issuance of a new
9 license, after such expiration date, but before the board has
10 received a renewal application nunc pro tunc within the time
11 prescribed herein the board, in its discretion, may, after
12 hearing, accept a renewal application filed within [ten months]
13 two years after the expiration date of the license with the
14 required bond and fees upon the payment of an additional filing
15 fee of two hundred fifty dollars ($250.00) for late filing.
16 Where any such renewal application is filed less than sixty days
17 before the expiration date, or subsequent to the expiration
18 date, no license shall issue upon the filing of the renewal
19 application until the matter is finally determined by the board
20 and if an appeal is taken from the board's action the courts
21 shall not order the issuance of the renewal license until final
22 determination of the matter by the courts. A renewal application
23 will not be considered filed unless accompanied by a new bond
24 and the requisite filing and license fees and any additional
25 filing fee required by this section. Unless the board shall have
26 given ten days' previous notice to the applicant of objections
27 to the renewal of his license, based upon violation by the
28 licensee or his servants, agents or employes of any of the laws
29 of the Commonwealth or regulations of the board relating to the
30 manufacture, transportation, use, storage, importation,
19970S1164B2077 - 27 -
1 possession or sale of liquors, alcohol or malt or brewed
2 beverages, or the conduct of a licensed establishment, or unless
3 the applicant has by his own act become a person of ill repute,
4 or unless the premises do not meet the requirements of this act
5 or the regulations of the board, the license of a licensee shall
6 be renewed.
7 * * *
8 Section 15 14. Section 493(11) of the act is amended to <--
9 read:
10 Section 493. Unlawful Acts Relative to Liquor, Malt and
11 Brewed Beverages and Licensees.--The term "licensee," when used
12 in this section, shall mean those persons licensed under the
13 provisions of Article IV, unless the context clearly indicates
14 otherwise.
15 It shall be unlawful--
16 * * *
17 (11) Licensees Employed by Others. [For any hotel,
18 restaurant or club liquor licensee, or any malt or brewed
19 beverage licensee, or any servant, agent or employe of such
20 licensee, to be at the same time employed, directly or
21 indirectly, by any other person engaged in the manufacture,
22 sale, transportation or storage of liquor, malt or brewed
23 beverages or alcohol: Provided, That any person (except a
24 licensee or the manager, officer or director of a licensee) who
25 is employed by a retail licensee to prepare or serve food and
26 beverages may be employed in the same capacity by another retail
27 licensee during other hours or on other days.] For any hotel,
28 restaurant or club liquor licensee, or any malt or brewed
29 beverage licensee, or any officer, servant, agent or employe of
30 such licensee, to be at the same time employed, directly or
19970S1164B2077 - 28 -
1 indirectly, by any distributor, importing distributor,
2 manufacturer, importer or vendor licensee or any out-of-State
3 manufacturer. It shall also be unlawful for any distributor or
4 importing distributor, or any officer, servant, agent or employe
5 of such licensee to be at the same time employed, directly or
6 indirectly, by any other distributor, importing distributor,
7 manufacturer, importer, vendor, out-of-State manufacturer, hotel
8 restaurant, malt or brewed beverage licensee, or club liquor
9 licensee. It shall also be unlawful for any manufacturer,
10 importer, or vendor licensee, or any out-of-State manufacturer
11 or any officer, servant, agent or employe of such licensee, or
12 manufacturer, to be at the same time employed, directly or
13 indirectly, by any hotel, restaurant or club liquor licensee or
14 any malt or brewed beverage licensee or any distributor or
15 importing distributor licensee. Nothing in this subsection shall
16 be construed to prohibit a manufacturer or limited winery
17 licensee or any officer, servant, agent or employe of such
18 licensee to be employed at the same time by a hotel, restaurant
19 or retail dispenser licensee, if the hotel, restaurant or retail
20 dispenser licensee is located at the manufacturer or limited
21 winery premises pursuant to section 443. For the purposes of
22 this subsection, an officer, servant, agent or employe of a
23 licensee or manufacturer is an individual who has either an
24 ownership interest in the licensee or manufacturer or who
25 receives compensation for his or HER work on behalf of the <--
26 licensee or manufacturer.
27 * * *
28 Section 16 15. Section 493(18) and (19) of the act are <--
29 repealed.
30 Section 17. The amendment of section 406.1 of the act <--
19970S1164B2077 - 29 -
1 relating to secondary service areas shall only apply to
2 applications on file on or after the effective date of this
3 section.
4 Section 18. This act shall take effect as follows:
5 (1) The addition of section 406(a)(8) of the act and
6 this section shall take effect immediately.
7 (2) The remainder of this act shall take effect in 60
8 days.
9 SECTION 16. SECTION 505.2 OF THE ACT, AMENDED APRIL 29, 1994 <--
10 (P.L.212, NO.30) AND MAY 31, 1996 (P.L.312, NO.49), IS AMENDED
11 TO READ:
12 SECTION 505.2. LIMITED WINERIES.--IN THE INTEREST OF
13 PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA,
14 HOLDERS OF A LIMITED WINERY LICENSE MAY:
15 (1) PRODUCE ALCOHOLIC CIDERS, WINES AND WINE COOLERS ONLY
16 FROM FRUITS GROWN IN PENNSYLVANIA IN AN AMOUNT NOT TO EXCEED TWO
17 HUNDRED THOUSAND (200,000) GALLONS PER YEAR.
18 (2) SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED BY
19 THE LIMITED WINERY OR PURCHASED IN BULK IN BOND FROM ANOTHER
20 PENNSYLVANIA LIMITED WINERY ON THE LICENSED PREMISES, UNDER SUCH
21 CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE, TO THE
22 BOARD, TO INDIVIDUALS AND TO HOTEL, RESTAURANT, CLUB AND PUBLIC
23 SERVICE LIQUOR LICENSEES, AND TO PENNSYLVANIA WINERY LICENSEES:
24 PROVIDED, THAT A LIMITED WINERY SHALL NOT, IN ANY CALENDAR YEAR,
25 PURCHASE ALCOHOLIC CIDER OR WINE PRODUCED BY OTHER LIMITED
26 WINERIES IN AN AMOUNT IN EXCESS OF FIFTY PER CENTUM OF THE
27 ALCOHOLIC CIDER OR WINE PRODUCED BY THE PURCHASING LIMITED
28 WINERY IN THE PRECEDING CALENDAR YEAR.
29 (3) SEPARATELY OR IN CONJUNCTION WITH OTHER LIMITED
30 WINERIES, SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED
19970S1164B2077 - 30 -
1 BY THE LIMITED WINERY ON NO MORE THAN FIVE (5) BOARD-APPROVED
2 LOCATIONS OTHER THAN THE LICENSED PREMISES, WITH NO BOTTLING OR
3 PRODUCTION REQUIREMENT AT THOSE ADDITIONAL BOARD-APPROVED
4 LOCATIONS AND UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD
5 MAY ENFORCE, TO THE BOARD, TO INDIVIDUALS AND TO HOTEL,
6 RESTAURANT, CLUB AND PUBLIC SERVICE LIQUOR LICENSEES.
7 (4) AT THE DISCRETION OF THE BOARD, OBTAIN A SPECIAL [WINE]
8 PERMIT TO PARTICIPATE IN ALCOHOLIC CIDER, WINE AND FOOD
9 EXPOSITIONS OFF THE LICENSED PREMISES. A SPECIAL [WINE] PERMIT
10 SHALL BE ISSUED UPON PROPER APPLICATION AND PAYMENT OF A FEE OF
11 THIRTY DOLLARS ($30) PER DAY FOR EACH DAY OF PERMITTED USE, NOT
12 TO EXCEED FIVE (5) CONSECUTIVE DAYS. A LIMITED WINERY MAY NOT
13 OBTAIN MORE THAN FIVE (5) SPECIAL [WINE] PERMITS IN ANY CALENDAR
14 YEAR. THE TOTAL NUMBER OF DAYS FOR ALL THE SPECIAL PERMITS MAY
15 NOT EXCEED TEN (10) DAYS IN ANY CALENDAR YEAR. A SPECIAL [WINE]
16 PERMIT SHALL ENTITLE THE HOLDER TO ENGAGE IN THE SALE OF
17 ALCOHOLIC CIDER OR WINE PRODUCED BY THE BOTTLE OR IN CASE LOTS
18 BY THE PERMITTEE UNDER THE AUTHORITY OF A LIMITED WINERY
19 LICENSE. HOLDERS OF SPECIAL [WINE] PERMITS MAY PROVIDE TASTING
20 SAMPLES OF WINES IN INDIVIDUAL PORTIONS NOT TO EXCEED ONE (1)
21 FLUID OUNCE. SAMPLES AT ALCOHOLIC CIDER, WINE AND FOOD
22 EXPOSITIONS MAY BE SOLD OR OFFERED FREE OF CHARGE. EXCEPT AS
23 PROVIDED HEREIN, LIMITED WINERIES UTILIZING SPECIAL [WINE]
24 PERMITS SHALL BE GOVERNED BY ALL APPLICABLE PROVISIONS OF THIS
25 ACT AS WELL AS BY ALL APPLICABLE REGULATIONS OR CONDITIONS
26 ADOPTED BY THE BOARD.
27 FOR THE PURPOSES OF THIS CLAUSE, "ALCOHOLIC CIDER, WINE AND
28 FOOD EXPOSITIONS" ARE DEFINED AS AFFAIRS HELD INDOORS OR
29 OUTDOORS WITH THE PRIMARY INTENT OF EDUCATING THOSE IN
30 ATTENDANCE OF THE AVAILABILITY, NATURE AND QUALITY OF
19970S1164B2077 - 31 -
1 PENNSYLVANIA-PRODUCED ALCOHOLIC CIDERS AND WINES IN CONJUNCTION
2 WITH SUITABLE FOOD DISPLAYS, DEMONSTRATIONS AND SALES. [WINE]
3 ALCOHOLIC CIDER, WINE AND FOOD EXPOSITIONS MAY ALSO INCLUDE
4 ACTIVITIES OTHER THAN ALCOHOLIC CIDER, WINE AND FOOD DISPLAYS,
5 INCLUDING ARTS AND CRAFTS, MUSICAL ACTIVITIES, CULTURAL
6 EXHIBITS, AGRICULTURAL EXHIBITS AND SIMILAR ACTIVITIES.
7 (5) APPLY FOR AND HOLD A HOTEL LIQUOR LICENSE, A RESTAURANT
8 LIQUOR LICENSE OR A MALT AND BREWED BEVERAGES RETAIL LICENSE TO
9 SELL FOR CONSUMPTION AT THE RESTAURANT OR LIMITED WINERY ON THE
10 LICENSED WINERY PREMISES, LIQUOR, WINE AND MALT OR BREWED
11 BEVERAGES REGARDLESS OF THE PLACE OF MANUFACTURE UNDER THE SAME
12 CONDITIONS AND REGULATIONS AS ANY OTHER HOTEL LIQUOR LICENSE,
13 RESTAURANT LIQUOR LICENSE OR MALT AND BREWED BEVERAGES RETAIL
14 LICENSE.
15 SECTION 17. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
16 ARTICLE X.
17 MISCELLANEOUS PROVISIONS.
18 SECTION 1001. CONSTRUCTION AND APPLICABILITY.--(A) EXCEPT
19 AS PROVIDED IN SUBSECTION (B), UNLESS THE CONTEXT CLEARLY
20 INDICATES OTHERWISE, A REFERENCE TO "MALT OR BREWED BEVERAGES"
21 IN A STATUTE SHALL BE CONSTRUED TO INCLUDE ALCOHOLIC CIDER.
22 (B) REGARDLESS OF CONTEXT, A REFERENCE TO "MALT OR BREWED
23 BEVERAGES" IN ARTICLE XX OF THE ACT OF MARCH 4, 1971 (P.L.6,
24 NO.2), KNOWN AS THE "TAX REFORM CODE OF 1971," SHALL BE
25 CONSTRUED TO INCLUDE ALCOHOLIC CIDER.
26 (C) EXCEPT AS PROVIDED IN SUBSECTION (D), UNLESS THE CONTEXT
27 CLEARLY INDICATES OTHERWISE, A REFERENCE TO "WINE" IN A STATUTE
28 SHALL BE CONSTRUED TO EXCLUDE ALCOHOLIC CIDER.
29 (D) REGARDLESS OF CONTEXT, A REFERENCE TO "WINE" IN THE ACT
30 OF DECEMBER 5, 1933 (SP.SESS., P.L.38, NO.6), KNOWN AS THE
19970S1164B2077 - 32 -
1 "SPIRITUOUS AND VINOUS LIQUOR TAX LAW," SHALL BE CONSTRUED TO
2 EXCLUDE ALCOHOLIC CIDER.
3 SECTION 18. THE FOLLOWING ACTS AND PARTS OF ACTS ARE
4 REPEALED INSOFAR AS THEY ARE INCONSISTENT WITH THE AMENDMENT OR
5 ADDITION OF SECTIONS 102 AND 505.2 AND ARTICLE X OF THE ACT:
6 ACT OF DECEMBER 5, 1933 (SP.SESS., P.L.38, NO.6), KNOWN AS
7 THE SPIRITUOUS AND VINOUS LIQUOR TAX LAW.
8 ARTICLE XX OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN
9 AS THE TAX REFORM CODE OF 1971.
10 SECTION 19. PENNSYLVANIA LIQUOR STORES MAY CONTINUE TO SELL
11 ALCOHOLIC CIDER WITHIN ITS INVENTORY AFTER THE EFFECTIVE DATE OF
12 THIS SECTION, UNTIL THE ALCOHOLIC CIDER WITHIN ITS CURRENT
13 INVENTORY IS DEPLETED. THE PENNSYLVANIA LIQUOR CONTROL BOARD
14 SHALL NOT PURCHASE ADDITIONAL ALCOHOLIC CIDER AFTER THE
15 EFFECTIVE DATE OF THIS SECTION.
16 SECTION 20. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
17 (1) THE AMENDMENT OR ADDITION OF SECTIONS 102, 505.2 AND
18 ARTICLE X OF THE ACT SHALL TAKE EFFECT IMMEDIATELY.
19 (2) SECTIONS 17 AND 18 OF THIS ACT AND THIS SECTION
20 SHALL TAKE EFFECT IMMEDIATELY.
21 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
22 DAYS.
J17L47DGS/19970S1164B2077 - 33 -