| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 88, 532, 1542 | PRINTER'S NO. 2049 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, GEIST, KORTZ, MUSTIO, READSHAW, SONNEY, WAGNER, STEVENSON, FARRY AND SABATINA, JANUARY 21, 2011 |
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| SENATOR PIPPY, LAW AND JUSTICE, IN SENATE, AS AMENDED, JUNE 8, 2011 |
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| AN ACT |
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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 definitions, for issuance, transfer or | <-- |
18 | extension of hotel, restaurant and club liquor licenses, for |
19 | sales by liquor licensees and restrictions and, for sale of | <-- |
20 | malt or brewed beverages by liquor licensees, for malt and |
21 | brewed beverages manufacturers', distributors' and importing |
22 | distributors' licenses, for distributors' and importing |
23 | distributors' restrictions on sales, storage, etc., for |
24 | retail dispensers' restrictions on purchases and sales, for |
25 | malt or brewed beverages manufactured outside this |
26 | Commonwealth, for brand registration, for limiting number of |
27 | retail licenses to be issued in each county, for licenses not |
28 | assignable and transfers, for revocation and suspension of |
29 | licenses and fines and for unlawful acts relative to liquor, |
30 | malt and brewed beverages and licensees and for limited | <-- |
31 | wineries. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. The definition of "eligible entity" in section |
4 | 102 of the act of April 12, 1951 (P.L.90, No.21), known as the |
5 | Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) |
6 | and amended June 25, 2010 (P.L.217, No.35), is amended and the |
7 | section is amended by adding definitions to read: |
8 | Section 102. Definitions.--The following words or phrases, |
9 | unless the context clearly indicates otherwise, shall have the |
10 | meanings ascribed to them in this section: |
11 | * * * |
12 | "Catered event" shall mean the furnishing of prepared foods | <-- |
13 | food prepared on the premises or brought onto the premises | <-- |
14 | already prepared in conjunction with alcoholic beverages for the |
15 | accommodation of a person or an identifiable group of people who | <-- |
16 | made arrangements for the event function at least forty-eight | <-- |
17 | hours in advance and is paid for and sponsored by a third party. | <-- |
18 | * * * |
19 | "Eligible entity" shall mean a city of the third class, a |
20 | hospital, a church, a synagogue, a volunteer fire company, a |
21 | volunteer ambulance company, a volunteer rescue squad, a unit of |
22 | a nationally chartered club which has been issued a club liquor |
23 | license, a club in a city of the third class which has been |
24 | issued a club liquor license and which, as of December 31, 2002, |
25 | has been in existence for at least 100 years, a library, a |
26 | nationally accredited Pennsylvania nonprofit zoological |
27 | institution licensed by the United States Department of |
28 | Agriculture, a nonprofit agricultural association in existence |
29 | for at least ten years, a bona fide sportsmen's club in |
30 | existence for at least ten years, a nationally chartered |
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1 | veterans' organization and any affiliated lodge or subdivision |
2 | of such organization, a fraternal benefit society that is |
3 | licensed to do business in this Commonwealth and any affiliated |
4 | lodge or subdivision of such fraternal benefit society, a museum |
5 | operated by a nonprofit corporation in a city of the third class |
6 | or township of the first class, a nonprofit corporation engaged |
7 | in the performing arts in a city of the third class, borough or |
8 | in an incorporated town, an arts council, a nonprofit |
9 | corporation that operates an arts facility or museum in a city |
10 | of the third class in the county of the fourth class, a |
11 | nonprofit organization as defined under section 501(c)(3) of the |
12 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
13 | 501(c)(3)) whose purpose is to protect the architectural |
14 | heritage of boroughs or a township of the second class and which |
15 | has been recognized as such by a municipal resolution, a |
16 | nonprofit organization as defined under section 501(c)(3) of the |
17 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
18 | 501(c)(3)) conducting a regatta in a city of the second class |
19 | with the permit to be used on State park grounds or conducting a |
20 | family-oriented celebration as part of Welcome America in a city |
21 | of the first class on property leased from that city for more |
22 | than fifty years, a nonprofit organization as defined under |
23 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
24 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
25 | research and treatment of cystic fibrosis, a nonprofit |
26 | organization as defined under section 501(c)(3) of the Internal |
27 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
28 | educate the public on issues dealing with watershed |
29 | conservation, a nonprofit organization as defined under section |
30 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
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1 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
2 | equine assisted activities for children and adults with special |
3 | needs, a nonprofit economic development agency in a city of the |
4 | second class with the primary function to serve as an economic |
5 | generator for the greater southwestern Pennsylvania region by |
6 | attracting and supporting film, television and related media |
7 | industry projects and coordinating government and business |
8 | offices in support of a production, a county tourist promotion |
9 | agency as defined in section 3(1) of the act of April 28, 1961 |
10 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
11 | located in a city of the third class in a county of the fourth |
12 | class or located in a township of the second class in a county |
13 | of the fifth class, a junior league in a third class county that |
14 | is a nonprofit organization as defined under section 501(c)(3) |
15 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
16 | that is comprised of women whose purpose is exclusively |
17 | educational and charitable in promoting the volunteerism of |
18 | women and developing and participating in community projects and |
19 | that has been in existence for over seventy years, a nonprofit |
20 | organization as defined under section 501(c)(3) of the Internal |
21 | Revenue Code of 1986 which is located in counties of the second |
22 | class A or of the third class and whose purpose is the education |
23 | and promotion of American history, a nonprofit organization as |
24 | defined under section 501(c)(6) of the Internal Revenue Code of |
25 | 1986 [which is located in a city of the third class in a county | <-- |
26 | of the third class and] whose purpose is to support business and | <-- |
27 | industry, a brewery which has been issued a license to |
28 | manufacture malt or brewed beverages and has been in existence |
29 | for at least 100 years or a club recognized by Rotary |
30 | International which is located in a county of the fourth class |
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1 | and whose purpose is to provide service to others, to promote |
2 | high ethical standards and to advance world understanding, |
3 | goodwill and peace through its fellowship of business, |
4 | professional and community leaders or a nonprofit organization |
5 | as defined under section 501(c)(3) of the Internal Revenue Code |
6 | of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is |
7 | located in a borough in a county of the third class and whose |
8 | purpose is to promote mushrooms while supporting local and |
9 | regional charities, a museum operated by a not-for-profit | <-- |
10 | corporation in a city of the second class A, a nonprofit |
11 | organization as defined under section 501(c)(3) of the Internal |
12 | Revenue Code of 1986 which is located in a city of the second |
13 | class A and has as its purpose economic and community |
14 | development, a nonprofit organization as defined under section |
15 | 501(c)(3) or (6) of the Internal Revenue Code of 1986 that is |
16 | located in a city of the third class in a county of the fifth |
17 | class, a nonprofit social service organization defined under |
18 | section 501(c)(3) of the Internal Revenue Code of 1986 located |
19 | in a county of the third class whose purpose is to serve |
20 | individuals and families in that county of the third class, a |
21 | nonprofit organization as defined under section 501(c)(3) of the |
22 | Internal Revenue Code of 1986 whose main purpose is to |
23 | temporarily foster stray and unwanted animals and match them to |
24 | suitable permanent homes, a nonprofit organization as defined |
25 | under section 501(c)(3) of the Internal Revenue Code of 1986 who |
26 | operates either a Main Street Program or Elm Street Program |
27 | recognized by the Commonwealth, the National Trust for Historic |
28 | Preservation or both. |
29 | * * * |
30 | "Happy hour" shall mean the period of time during which a |
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1 | licensee discounts alcoholic beverages. |
2 | * * * |
3 | Section 2. Section 404 of the act, amended January 6, 2006 |
4 | (P.L.1, No.1), is amended to read: |
5 | Section 404. Issuance, Transfer or Extension of Hotel, |
6 | Restaurant and Club Liquor Licenses.--Upon receipt of the |
7 | application and the proper fees, and upon being satisfied of the |
8 | truth of the statements in the application that the applicant is |
9 | the only person in any manner pecuniarily interested in the |
10 | business so asked to be licensed and that no other person will |
11 | be in any manner pecuniarily interested therein during the |
12 | continuance of the license, except as hereinafter permitted, and |
13 | that the applicant is a person of good repute, that the premises |
14 | applied for meet all the requirements of this act and the |
15 | regulations of the board, that the applicant seeks a license for |
16 | a hotel, restaurant or club, as defined in this act, and that |
17 | the issuance of such license is not prohibited by any of the |
18 | provisions of this act, the board shall, in the case of a hotel |
19 | or restaurant, grant and issue to the applicant a liquor |
20 | license, and in the case of a club may, in its discretion, issue |
21 | or refuse a license: Provided, however, That in the case of any |
22 | new license or the transfer of any license to a new location or |
23 | the extension of an existing license to cover an additional area |
24 | the board may, in its discretion, grant or refuse such new |
25 | license, transfer or extension if such place proposed to be |
26 | licensed is within three hundred feet of any church, hospital, |
27 | charitable institution, school, or public playground, or if such |
28 | new license, transfer or extension is applied for a place which |
29 | is within two hundred feet of any other premises which is |
30 | licensed by the board: And provided further, That the board's |
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1 | authority to refuse to grant a license because of its proximity |
2 | to a church, hospital, charitable institution, public playground |
3 | or other licensed premises shall not be applicable to license |
4 | applications submitted for public venues or performing arts |
5 | facilities: And provided further, That the board shall refuse |
6 | any application for a new license, the transfer of any license |
7 | to a new location or the extension of an existing license to |
8 | cover an additional area if, in the board's opinion, such new |
9 | license, transfer or extension would be detrimental to the |
10 | welfare, health, peace and morals of the inhabitants of the |
11 | neighborhood within a radius of five hundred feet of the place |
12 | proposed to be licensed: And provided further, That the board |
13 | shall have the discretion to refuse a license to any person or |
14 | to any corporation, partnership or association if such person, |
15 | or any officer or director of such corporation, or any member or |
16 | partner of such partnership or association shall have been |
17 | convicted or found guilty of a felony within a period of five |
18 | years immediately preceding the date of application for the said |
19 | license. The board shall refuse any application for a new |
20 | license, the transfer of any license to a new location or the |
21 | extension of any license to cover an additional area where the |
22 | sale of liquid fuels or oil is conducted. The board may enter |
23 | into an agreement with the applicant concerning additional |
24 | restrictions on the license in question. If the board and the |
25 | applicant enter into such an agreement, such agreement shall be |
26 | binding on the applicant. Failure by the applicant to adhere to |
27 | the agreement will be sufficient cause to form the basis for a |
28 | citation under section 471 and for the nonrenewal of the license |
29 | under section 470. If the board enters into an agreement with an |
30 | applicant concerning additional restrictions, those restrictions |
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1 | shall be binding on subsequent holders of the license until the |
2 | license is transferred to a new location or until the board |
3 | enters into a subsequent agreement removing those restrictions. |
4 | If the application in question involves a location previously |
5 | licensed by the board, then any restrictions imposed by the |
6 | board on the previous license at that location shall be binding |
7 | on the applicant unless the board enters into a new agreement |
8 | rescinding those restrictions. The board may, in its discretion, |
9 | refuse an application for an economic development license under |
10 | section 461(b.1) or an application for an intermunicipal |
11 | transfer of a license if the board receives a protest from the |
12 | governing body of the receiving municipality. The receiving |
13 | municipality of an intermunicipal transfer or an economic |
14 | development license under section 461(b.1) may file a protest |
15 | against the transfer of a license into its municipality, and the |
16 | receiving municipality shall have standing in a hearing to |
17 | present testimony in support of or against the issuance or |
18 | transfer of a license. Upon any opening in any quota, an |
19 | application for a new license shall only be filed with the board |
20 | for a period of six months following said opening. |
21 | Notwithstanding another provision of law, the board may not |
22 | refuse to transfer or renew a license previously issued for |
23 | premises located in a township of the second class within a |
24 | county of the third class that is a dry municipality based on |
25 | the fact that the municipality is a dry municipality if the |
26 | premises for which the license is being transferred or renewed |
27 | have been continuously licensed by the board for a period of |
28 | fifty years or more. |
29 | Section 3. Section 406(a)(1) of the act, amended July 6, | <-- |
30 | 2005 (P.L.135, No.39), is amended and the section 406(a)(3) of | <-- |
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1 | the act, amended November 29, 2006 (P.L.1421, No.155), is |
2 | amended and the section is amended by adding subsections to | <-- |
3 | read: |
4 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) |
5 | (1) Every hotel, restaurant or club liquor licensee may sell | <-- |
6 | liquor and malt or brewed beverages by the glass, open bottle or |
7 | other container, and in any mixture, for consumption only in |
8 | that part of the hotel or restaurant habitually used for the |
9 | serving of food to guests or patrons, or, in the case of a |
10 | restaurant, hotel or eating place licensee, at a catered event |
11 | off the licensed premises, or in a bowling alley that is |
12 | immediately adjacent to and under the same roof as a restaurant, |
13 | and in the case of hotels, to guests, and in the case of clubs, |
14 | to members, in their private rooms in the hotel or club. No club |
15 | licensee nor its officers, servants, agents or employes, other |
16 | than one holding a catering license, shall sell any liquor or |
17 | malt or brewed beverages to any person except a member of the |
18 | club. The holder of a restaurant license located in a hotel may |
19 | sell liquor or malt or brewed beverages for consumption in that |
20 | part of the restaurant habitually used for the serving of meals |
21 | to patrons and also to guests in private guest rooms in the |
22 | hotel. For the purpose of this paragraph, any person who is an |
23 | active member of another club which is chartered by the same |
24 | state or national organization shall have the same rights and |
25 | privileges as members of the particular club. For the purpose of |
26 | this paragraph, any person who is an active member of any |
27 | volunteer firefighting company, association or group of this |
28 | Commonwealth, whether incorporated or unincorporated, shall upon |
29 | the approval of any club composed of volunteer firemen licensed |
30 | under this act, have the same social rights and privileges as |
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1 | members of such licensed club. For the purposes of this |
2 | paragraph, the term "active member" shall not include a social |
3 | member. Any club licensee which is either an incorporated unit |
4 | of a national veterans' organization or an affiliated |
5 | organization as defined in section 461.1 shall be permitted to |
6 | sell liquor or malt or brewed beverages to any active member of |
7 | another unit which is chartered by the same national veterans' |
8 | organization or to any member of a nationally chartered |
9 | auxiliary associated with the same national veterans' |
10 | organization. |
11 | * * * | <-- |
12 | (3) Hotel and restaurant liquor licensees, [airport |
13 | restaurant liquor licensees,] municipal golf course restaurant |
14 | liquor licensees and privately-owned public golf course |
15 | restaurant licensees may sell liquor and malt or brewed |
16 | beverages on Sunday between the hours of eleven o'clock |
17 | antemeridian and two o'clock antemeridian Monday upon purchase |
18 | of a special permit from the board at an annual fee as |
19 | prescribed in section 614-A of the act of April 9, 1929 |
20 | (P.L.177, No.175), known as "The Administrative Code of 1929." |
21 | Airport restaurant liquor licensees may sell liquor and malt or |
22 | brewed beverages on Sunday between the hours of seven o'clock |
23 | antemeridian and two o'clock antemeridian Monday upon purchase |
24 | of a special permit from the board at an annual fee as |
25 | prescribed in section 614-A of the act of April 9, 1929 |
26 | (P.L.177, No.175), known as "The Administrative Code of 1929." |
27 | * * * |
28 | (f) The holder of a hotel license or a restaurant or | <-- |
29 | restaurant liquor license may obtain an off-premises catering |
30 | permit subject to section 493(33) to hold a catered event | <-- |
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1 | function off the licensed premises and on otherwise unlicensed | <-- |
2 | premises where the licensee may sell wine, liquor and malt or |
3 | brewed beverages by the glass, open bottle or other container, |
4 | and in any mixture, for consumption on those premises solely | <-- |
5 | used for catering purposes so long as the liquor and malt or |
6 | brewed beverages were purchased in conjunction with a meal which |
7 | will be consumed on the catered premises. The holder of an |
8 | eating place license may obtain an off-premises catering permit |
9 | subject to section 493(33) to hold a catered event off the |
10 | licensed premises and on otherwise unlicensed premises where the |
11 | licensee may sell malt or brewed beverages by the glass, open |
12 | bottle or other container for consumption on those premises |
13 | solely used for catering purposes so long as the malt or brewed |
14 | beverages were purchased in conjunction with a meal which will |
15 | be consumed on the catered premises. There shall be no |
16 | limitation on the number of off-premises catered events a |
17 | licensee may hold at any given time. At no time may an off- |
18 | premises catering permittee agree to hold a catered event that |
19 | includes the sale of alcohol at a location within a dry |
20 | municipality. In addition, the off-premises catering permittee |
21 | shall give the local police department or the Pennsylvania State |
22 | Police, if there is no local police department, written notice |
23 | at least forty-eight hours prior to each off-premises catered |
24 | event. Written notice shall consist of notifying the police of |
25 | the date, time and place of the impending sale of alcoholic |
26 | beverages. Functions conducted under the authority of the permit | <-- |
27 | shall be subject to the following: |
28 | (1) alcohol may be provided only during the days and hours |
29 | that the license holder may otherwise sell alcohol; |
30 | (2) all servers at the off premises catered function shall |
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1 | be in compliance with the responsible alcohol management |
2 | provisions under section 471.1; |
3 | (3) each permit shall be valid for one day and not more than |
4 | fifty permits may be issued each calendar year to each license |
5 | holder for use with a particular license; |
6 | (4) a permit shall not be issued to a location that is |
7 | already subject to the applicant's or another licensee's |
8 | license; |
9 | (5) a permit shall not be issued to an applicant whose |
10 | license is in safekeeping; |
11 | (6) a permit shall not be issued to a location that is |
12 | subject to a pending objection by the director of the Bureau of |
13 | Licensing or the board under section 470(a.1); |
14 | (7) a permit shall not be issued to a location that is |
15 | subject to a pending license suspension under section 471 or the |
16 | one-year prohibition on the issuance or transfer of a license |
17 | under section 471(b); |
18 | (8) no alcohol may be taken from the permitted location, but |
19 | the applicant may transport alcohol to and from its licensed |
20 | premises to the proposed premises; and |
21 | (9) written notice of the date, time and location of the |
22 | catered function shall be provided to the local police or if |
23 | there is no local police force to the enforcement bureau at |
24 | least 48 hours in advance of the event. |
25 | (g) Notwithstanding any other provision of law or |
26 | regulation, the holder of a retail license may have hold happy | <-- |
27 | hours up to four hours per day and up to fourteen hours per week |
28 | during which the holder discounts the price of alcoholic |
29 | beverages. The licensee may use up to four hours per day so long | <-- |
30 | as the hours do not exceed fourteen hours in any given week and |
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1 | so long as no No discounts are may be given between the hours of | <-- |
2 | midnight and the legal closing time and so long as notice. | <-- |
3 | Notice of all happy hours is shall be visibly posted on the | <-- |
4 | licensed premises seven days prior to the happy hour. Except as | <-- |
5 | provided in this subsection, a licensee shall comply with the |
6 | provisions of 40 Pa. Code § 13-102 (relating to discount pricing |
7 | practices). |
8 | Section 3.1. Section 407(a) of the act, amended July 7, 2006 |
9 | (P.L.584, No.84), is amended to read: |
10 | Section 407. Sale of Malt or Brewed Beverages by Liquor |
11 | Licensees.--(a) Every liquor license issued to a hotel, |
12 | restaurant, club, or a railroad, pullman or steamship company |
13 | under this subdivision (A) for the sale of liquor shall |
14 | authorize the licensee to sell malt or brewed beverages at the |
15 | same places but subject to the same restrictions and penalties |
16 | as apply to sales of liquor, except that licensees other than |
17 | clubs may sell malt or brewed beverages for consumption off the |
18 | premises where sold in quantities of not more than one hundred |
19 | ninety-two fluid ounces in a single sale to one person. The |
20 | sales may be made in either open or closed containers, unless a |
21 | municipality has on ordinance restricting open container sales. |
22 | No licensee under this subdivision (A) shall at the same time be |
23 | the holder of any other class of license, except a retail |
24 | dispenser's license authorizing the sale of malt or brewed |
25 | beverages only. |
26 | * * * |
27 | Section 4. Section 431(c) of the act, amended May 5, 1970 |
28 | (P.L.342, No.110), is amended to read: |
29 | Section 431. Malt and Brewed Beverages Manufacturers', |
30 | Distributors' and Importing Distributors' Licenses.--* * * |
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1 | (c) The aforesaid licenses shall be issued only to reputable |
2 | individuals, partnerships and associations who are, or whose |
3 | members are, citizens of the United States and [have for two |
4 | years prior to the date of their applications been] are |
5 | residents of the Commonwealth of Pennsylvania or to reputable |
6 | corporations organized or duly registered under the laws of the |
7 | Commonwealth of Pennsylvania. Such licenses shall be issued to |
8 | corporations duly organized or registered under the laws of the |
9 | Commonwealth of Pennsylvania only when it appears that all of |
10 | the officers and directors of the corporation are citizens of |
11 | the United States and [have been] are residents of the |
12 | Commonwealth of Pennsylvania [for a period of at least two years |
13 | prior to the date of application], and that at least fifty-one |
14 | per centum of the capital stock of such corporation is actually |
15 | owned by individuals who are citizens of the United States and |
16 | [have been] are residents of the Commonwealth of Pennsylvania |
17 | [for a period of at least two years prior to the date of |
18 | application]: Provided, That the provisions of this subsection |
19 | with respect to residence requirements shall not apply to |
20 | individuals, partners, officers, directors and owners of capital |
21 | stock, of corporations licensed or applying for licenses as |
22 | manufacturers of malt or brewed beverages, nor shall the |
23 | provisions of this subsection with respect to stockholder |
24 | requirements apply to corporations licensed or applying for |
25 | licenses as manufacturers of malt or brewed beverages. |
26 | * * * |
27 | Section 5. Section 441(d) of the act is amended and the |
28 | section is amended by adding a subsection to read: |
29 | Section 441. Distributors' and Importing Distributors' |
30 | Restrictions on Sales, Storage, Etc.--* * * |
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1 | (d) (1) No distributor [or importing distributor] shall |
2 | maintain any place for the storage of malt or brewed beverages |
3 | except in the same municipality in which the licensed premises |
4 | is located and unless the same has been approved by the board. |
5 | In the event there is no place of cold storage in the same |
6 | municipality, the board may approve a place of cold storage in |
7 | the nearest municipality. |
8 | (2) No importing distributor shall maintain any place for |
9 | the storage of malt or brewed beverages except in the franchise |
10 | territory in which the licensed premises is located and unless |
11 | the same has been approved by the board. The board shall issue |
12 | no more than one storage facility license to an importing |
13 | distributor. The storage location shall be designated solely as |
14 | a storage facility, from which only sales to other licensees are |
15 | permitted. Retail sales may be made at the licensed location |
16 | pursuant to subsection (c). If the importing distributor |
17 | maintains a storage location for cold storage in the same |
18 | municipality in which the importing distributor is licensed or a |
19 | nearby municipality, the importing distributor may continue to |
20 | maintain that cold storage location in addition to another |
21 | storage location within their franchise territory. |
22 | * * * |
23 | (h) As used in this section, the term "franchise territory" |
24 | shall mean the geographically contiguous area in which an |
25 | importing distributor has been given rights for the sale or |
26 | resale of malt or brewed beverages. |
27 | Section 5.1. Section 442(a)(1) of the act, amended November |
28 | 29, 2006 (P.L.1421, No.155), is amended and the section is |
29 | amended by adding a subsection to read: |
30 | Section 442. Retail Dispensers' Restrictions on Purchases |
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1 | and Sales.--(a) (1) No retail dispenser shall purchase or |
2 | receive any malt or brewed beverages except in original |
3 | containers as prepared for the market by the manufacturer at the |
4 | place of manufacture. The retail dispenser may thereafter break |
5 | the bulk upon the licensed premises and sell or dispense the |
6 | same for consumption on or off the premises so licensed[: |
7 | Provided, however, That no]. No retail dispenser may sell malt |
8 | or brewed beverages for consumption off the premises in |
9 | quantities in excess of one hundred ninety-two fluid ounces[: |
10 | Provided, further, That no]. Sales may be made in open or closed |
11 | containers, unless a municipality has an ordinance restricting |
12 | open container sales. No club licensee may sell any malt or |
13 | brewed beverages for consumption off the premises where sold or |
14 | to persons not members of the club. |
15 | * * * |
16 | (f) The holder of an eating place retail dispenser license |
17 | may obtain an off-premises catering permit under section 493(33) |
18 | to hold a catered event off of the licensed premises and on |
19 | otherwise unlicensed premises where the licensee may sell malt |
20 | or brewed beverages by the glass, open bottle or any other |
21 | container, for consumption on those premises solely used for |
22 | catering premises. Functions conducted under the authority of |
23 | the permit shall be subject to the following: |
24 | (1) malt or brewed beverages may only be provided during the |
25 | days and hours that the license holder may otherwise sell malt |
26 | or brewed beverages; |
27 | (2) each permit shall be valid for one day and not more than |
28 | fifty permits may be issued each calendar year to each license |
29 | holder for use with a particular license; |
30 | (3) a permit shall not be issued to a location that is |
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1 | already subject to the applicant's or another licensee's |
2 | license; |
3 | (4) a permit shall not be issued to an applicant whose |
4 | license is in safekeeping; |
5 | (5) a permit shall not be issued to a location that is |
6 | subject to a pending objection by the director of the Bureau of |
7 | Licensing or the board under section 470(a.1); |
8 | (6) a permit shall not be issued to a location that is |
9 | subject to a pending license suspension under section 471 or the |
10 | one-year prohibition on the issuance or transfer of a license |
11 | under section 471(b); |
12 | (7) no malt or brewed beverages may be taken from the |
13 | permitted location, but the applicant may transport malt or |
14 | brewed beverages to and from its licensed premises to the |
15 | proposed premises; and |
16 | (8) written notice of the date, time and location of the |
17 | catered function shall be provided to the local police, or if |
18 | there is no local police force to the enforcement bureau, at |
19 | least forty-eight hours in advance of the event. |
20 | Section 6. Sections 444(c) and 445 of the act are amended to |
21 | read: |
22 | Section 444. Malt or Brewed Beverages Manufactured Outside |
23 | This Commonwealth.--* * * |
24 | (c) Any malt or brewed beverages manufactured outside of |
25 | Pennsylvania which are sold, transported or possessed in |
26 | Pennsylvania contrary to any such regulations or orders of the |
27 | board, or without the payment of the fees herein required, shall |
28 | be considered contraband and shall be confiscated by the board |
29 | and disposed of in the same manner as any other illegal liquor |
30 | or malt or brewed beverages, provided that, if the potential |
|
1 | violation is of section 445 or any associated regulation, such |
2 | malt or brewed beverages shall be left on the licensed premises |
3 | where found under orders not to sell such contraband until such |
4 | time as the malt or brewed beverage manufacturer comes into |
5 | compliance with Pennsylvania's regulations or until the licensee |
6 | holding the contraband can return it to the manufacturer and be |
7 | fully reimbursed. |
8 | * * * |
9 | Section 445. Brand Registration.--(a) No brand or brands of |
10 | malt or brewed beverages shall be offered, sold or delivered to |
11 | any trade buyer within this Commonwealth unless the manufacturer |
12 | thereof shall first submit an application in the form and manner |
13 | prescribed by the board for the registration of the said brand |
14 | or brands of malt beverages, together [with an annual filing fee |
15 | not to exceed twenty-five dollars ($25) for each brand |
16 | registration requested.] with an annual filing fee not to exceed |
17 | seventy-five dollars ($75) for each brand registration |
18 | requested. Any brand produced in quantities of one hundred |
19 | brewer's barrels annually or less may be registered together |
20 | with other brands produced by the same manufacturer in such |
21 | quantities with an annual filing fee not to exceed one hundred |
22 | and fifty dollars ($150) in total for up to twenty individual |
23 | brands. Any brand or brands of malt or brewed beverages that are |
24 | produced by a manufacturer but not offered for sale because of |
25 | additional aging of the beverages shall only be registered at |
26 | the time the brand or brands are offered for sale. In the event |
27 | an out-of-State or foreign manufacturer of malt or brewed |
28 | beverages has granted franchise rights to any person for the |
29 | sale and distribution of its brand products but which person is |
30 | not licensed to sell and distribute the same in this |
|
1 | Commonwealth, said such person shall nevertheless be required to |
2 | register the involved brand before offering the same for sale in |
3 | Pennsylvania. It is further conditioned that the person holding |
4 | such franchise rights shall, together with its application for |
5 | brand registration, file with the board copies of all agreements |
6 | between it and the Pennsylvania importing distributor appointed |
7 | by such person to sell and distribute the brands of malt or |
8 | brewed beverages as provided by sections 431 and 492. Such |
9 | agreement shall contain the manufacturer's consent and approval |
10 | to the appointment of the Pennsylvania importing distributor and |
11 | the rights conferred thereunder. |
12 | (b) The board shall employ a malt beverage compliance |
13 | officer whose duties shall include reviewing label registration |
14 | to ensure compliance with this act and investigating reports of |
15 | unregistered brands of malt or brewed beverages being sold by |
16 | licensees in addition to any other duties the board shall assign |
17 | the officer. If the malt beverage compliance officer finds that |
18 | a licensee is selling malt or brewed beverages that are |
19 | unregistered in this Commonwealth, he shall give the |
20 | manufacturer of the malt or brewed beverages written notice that |
21 | the manufacturer has ten days to register the malt or brewed |
22 | beverages with the board. During that ten-day period in which |
23 | the manufacturer has to come into compliance with brand |
24 | registration, the unregistered malt or brewed beverages shall |
25 | remain on the licensee's premises but may not be sold. Should |
26 | the manufacturer fail to register the malt or brewed beverages |
27 | with the board within ten days, the manufacturer shall be |
28 | required to remove the unregistered malt or brewed beverages |
29 | from the licensee's premises and reimburse the licensee for all |
30 | unregistered products that cannot be sold in this Commonwealth. |
|
1 | Section 7. Section 461(d) of the act, amended December 21, |
2 | 1998 (P.L.1202, No.155), is amended to read: |
3 | Section 461. Limiting Number of Retail Licenses To Be Issued |
4 | In Each County.--* * * |
5 | (d) "Airport restaurant," as used in this section, shall |
6 | mean restaurant facilities at any airport for public |
7 | accommodation, which are owned or operated directly or through |
8 | lessees by the Commonwealth of Pennsylvania, by any municipal |
9 | authority, county or city, either severally or jointly, with any |
10 | other municipal authority, county or city, but shall not include |
11 | any such restaurant facilities at any airport situated in a |
12 | municipality where by vote of the electors the retail sale of |
13 | liquor and malt or brewed beverages is not permitted. An airport |
14 | restaurant is not subject to the seating requirements nor to the |
15 | square footage requirements of the definition of restaurant in |
16 | section 102. An airport restaurant may have unlimited extensions |
17 | of service areas providing all extended service areas are inside |
18 | the airport terminal building or buildings, notwithstanding any |
19 | intervening thoroughfares. In addition to the privileges granted |
20 | under sections 406 and 407 relative to malt or brewed beverages, |
21 | airport restaurant liquor licensees may also sell wine by the |
22 | glass, open bottle or other container for consumption off the |
23 | licensed premises and within the airport terminal building. |
24 | Notwithstanding any provision to the contrary, an airport |
25 | restaurant licensee that has acquired a Sunday sales permit may |
26 | commence sales at seven o'clock antemeridian. |
27 | * * * |
28 | Section 8. Section 468(a)(1) of the act, amended November |
29 | 29, 2006 (P.L.1421, No.155), is amended to read: |
30 | Section 468. Licenses Not Assignable; Transfers.--(a) (1) |
|
1 | Licenses issued under this article may not be assigned. The |
2 | board, upon payment of the transfer filing fee, is hereby |
3 | authorized to transfer any license issued by it under the |
4 | provisions of this article from one person to another or from |
5 | one place to another, or both. [If] Except for restaurant liquor |
6 | and eating place retail dispenser licenses transferred under |
7 | section 461(b.4), if the license is a retail license, [then] the |
8 | new location must be within the same county as the existing |
9 | location [except for restaurant liquor and eating place retail |
10 | dispenser licenses transferred under section 461(b.4)] or, if |
11 | the municipality is located in more than one county, within the |
12 | same municipality as the existing location. |
13 | * * * |
14 | Section 9. Section 471 of the act is amended by adding a |
15 | subsection to read: |
16 | Section 471. Revocation and Suspension of Licenses; Fines.-- |
17 | * * * |
18 | (f) Upon becoming aware of a potential violation of section |
19 | 445 or any associated regulation, the enforcement bureau shall |
20 | give written notice to each licensee who might be in violation |
21 | of this section or its corresponding regulation. If the |
22 | potential violation has been cured within ten days of receipt of |
23 | the written notice, the enforcement bureau shall take no further |
24 | action against the licensee. If the potential violation has not |
25 | been cured within ten days of receipt of the notice, the |
26 | enforcement bureau shall proceed in accordance with subsection |
27 | (a). |
28 | Section 4 10. Section 493(10) of the act, amended December | <-- |
29 | 20, 2000 (P.L.992, No.141), is amended and the section is |
30 | amended by adding a paragraph to read: |
|
1 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
2 | Brewed Beverages and Licensees.--The term "licensee," when used |
3 | in this section, shall mean those persons licensed under the |
4 | provisions of Article IV, unless the context clearly indicates |
5 | otherwise. |
6 | It shall be unlawful-- |
7 | * * * |
8 | (10) Entertainment on Licensed Premises (Except Clubs); |
9 | Permits; Fees. For any licensee, his servants, agents or |
10 | employes, except club licensees, public venue licensees or |
11 | performing arts facility licensees, to permit in any licensed |
12 | premises or in any place operated in connection therewith, |
13 | dancing, theatricals or floor shows of any sort, or moving |
14 | pictures other than television, or such as are exhibited through |
15 | machines operated by patrons by the deposit of coins, which |
16 | project pictures on a screen not exceeding in size twenty-four |
17 | by thirty inches and which forms part of the machine, unless the |
18 | licensee shall first have obtained from the board a special |
19 | permit to provide such entertainment, or for any licensee, under |
20 | any circumstances, to permit in any licensed premises or in any |
21 | place operated in connection therewith any lewd, immoral or |
22 | improper entertainment, regardless of whether a permit to |
23 | provide entertainment has been obtained or not. The special |
24 | permit may be used only during the hours when the sale of liquor |
25 | or malt or brewed beverages is permitted, unless the licensee |
26 | holds an extended hours food license under section 499(b) which |
27 | license would allow the special permit to be used while the |
28 | establishment is open, and between eleven o'clock antemeridian |
29 | on Sunday and two o'clock antemeridian on the following Monday, |
30 | regardless of whether the licensee possesses a Sunday sales |
|
1 | permit. The board shall have power to provide for the issue of |
2 | such special permits, and to collect an annual fee for such |
3 | permits as prescribed in section 614-A of the act of April 9, |
4 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
5 | 1929." All such fees shall be paid into the State Stores Fund. |
6 | No such permit shall be issued in any municipality which, by |
7 | ordinance, prohibits amusements in licensed places. Any |
8 | violation of this clause shall, in addition to the penalty |
9 | herein provided, subject the licensee to suspension or |
10 | revocation of his permit and his license. |
11 | * * * |
12 | (33) Off-premises Catering Permit; Fees. For any licensee, |
13 | his servants, agents or employes to cater an event that includes | <-- |
14 | the sale and service of alcoholic beverages at a location other |
15 | than the licensed premises, unless the licensee shall first have |
16 | obtained from the board a special permit to provide such |
17 | catering services sell alcohol at a location other than its | <-- |
18 | licensed premises, unless the sale is specifically authorized |
19 | under this act, or unless the licensee receives a special permit |
20 | from the board to do so. Only those licensees currently holding | <-- |
21 | a current and valid restaurant, hotel or eating place license | <-- |
22 | that has been certified under the board's responsible alcohol | <-- |
23 | management program as required by section 471.1 shall be allowed |
24 | to apply for such a permit. All servers at the off-premises | <-- |
25 | catered event shall be certified under the board's responsible |
26 | alcohol management program as required under section 471.1. The |
27 | board shall have the power to provide for the issue of such | <-- |
28 | issue the special permits to qualified licensees and to collect | <-- |
29 | an annual fee for such permits that shall not exceed five |
30 | hundred dollars ($500) per year. All such The fees shall be paid | <-- |
|
1 | into the State Stores Fund. Any violation of this act shall | <-- |
2 | subject the licensee to suspension or revocation of his permit |
3 | and preclude him from applying for a future off-premises |
4 | catering permit. or the board's regulations for governing | <-- |
5 | activity occurring under the authority of this permit may be the |
6 | basis for the issuance of a citation under section 471, the |
7 | nonrenewal of the license under section 470 or the refusal by |
8 | the board to issue subsequent permits or honor subsequent dates |
9 | on the existing permit. This penalty shall be in addition to any |
10 | other remedies available to the enforcement bureau or the board. |
11 | Section 11. Section 505.2(a)(6.1) and (6.3) of the act, |
12 | amended December 8, 2004 (P.L.1810, No.239), are amended and the |
13 | section is amended by adding a clause to read: |
14 | Section 505.2. Limited Wineries.--(a) In the interest of |
15 | promoting tourism and recreational development in Pennsylvania, |
16 | holders of a limited winery license may: |
17 | * * * |
18 | (4.1) At the discretion of the board, obtain a farmers |
19 | market permit. The permit shall entitle the holder to |
20 | participate in more than one farmers market at any given time |
21 | and an unlimited number throughout the year and sell alcoholic |
22 | cider or wine produced under the authority of the underlying |
23 | limited winery license by the bottle or in case lots. Samples |
24 | not to exceed one fluid once per brand of wine may be offered |
25 | free of charge. A farmers market permit shall be issued upon |
26 | proper application and payment of an annual fee of two hundred |
27 | fifty dollars ($250). A permit holder may participate in more |
28 | than one farmers market at any given time. Sales by permit |
29 | holders shall take place during the standard hours of operation |
30 | of the farmers market. Written notice of the date, times and |
|
1 | location the permit is to be used shall be provided by the |
2 | permit holder to the enforcement bureau at least two (2) weeks |
3 | prior to the event. Except as provided in this subsection, |
4 | limited wineries utilizing farmers market permits shall be |
5 | governed by all applicable provisions of this act as well as by |
6 | all applicable regulations adopted by the board. |
7 | * * * |
8 | (6.1) Sell food for consumption on or off the licensed |
9 | premises and at the limited winery's additional board-approved |
10 | locations and sell by the glass, at the licensed premises and at |
11 | the limited winery's additional board-approved locations, only |
12 | wine and alcoholic ciders that may otherwise be sold by the |
13 | bottle. |
14 | * * * |
15 | (6.3) Sell alcoholic cider, wine and wine coolers only |
16 | between the hours of nine o'clock antemeridian and [nine |
17 | o'oclock] eleven o'clock postmeridian. [During the period from |
18 | Thanksgiving Day through New Year's Day, limited winery sales |
19 | locations may remain open to conform with the closing times of |
20 | neighboring mall or shopping district businesses but no later |
21 | than ten o'clock postmeridian.] A limited winery also may |
22 | request approval from the board to extend sales hours in |
23 | individual locations at other times during the year or beyond |
24 | the limits set forth in this clause. The request shall be made |
25 | in writing to the board's Office of the Chief Counsel and shall |
26 | detail the exact locations where sales hours are proposed to be |
27 | extended, the proposed hours and dates of extended operation and |
28 | the reason for the proposed extended hours. |
29 | * * * |
30 | Section 12. All acts and parts of acts are repealed insofar |
|
1 | as they are inconsistent with section 445 of the act. |
2 | Section 5 13. This act shall take effect in 60 days. as | <-- |
3 | follows: |
4 | (1) The amendment of sections 441, 445 and 471 of the |
5 | act shall take effect in 60 days. |
6 | (2) The amendment or addition of sections 406 and |
7 | 505.2(a)(4.1) of the act shall take effect in 30 days. |
8 | (3) The remainder of this act shall take effect |
9 | immediately. |
|