THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EVERETT, BARRAR, COHEN, D. COSTA, GROVE, HENNESSEY, KORTZ, MANN, MUSTIO, PAYTON, PYLE, REICHLEY, STURLA, TOEPEL, VULAKOVICH, HARHAI, MILLER, SONNEY AND KILLION, JANUARY 26, 2011

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 13, 2011   

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for distilleries.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 505.4 of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and added December 8, 2004

(P.L.1810, No.239), is amended to read:

Section 505.4.  Distilleries.--(a)  The board may issue a

distillery of historical significance license to any distillery

which was established prior to January 1, 1875. The holder of

the license may manufacture and sell liquor produced on the

licensed premises to the board, to entities licensed by the

board and to the public under such conditions and regulations as

the board may enforce. Production at the distillery of

historical significance shall be limited to an amount not to

exceed twenty thousand (20,000) gallons per year. The distillery

does not need to establish continuous operation since January 1,

1875, in order to qualify for a license under this section.

(b)  (1)  The board may issue a limited distillery license

that will allow the holder thereof to operate a distillery that

shall not exceed production of forty thousand (40,000) gallons

of distilled liquor per year. The holder of the license may

manufacture and sell bottled liquors produced on the licensed

premises to the board, to entities licensed by the board and to

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the public between the hours of nine o'clock antemeridian and

nine o'clock postmeridian so long as a specific code of

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distilled liquor which is listed for sale as a stock item by the

board in State liquor stores may not be offered for sale at a

licensed limited distillery location at a price which is lower

than that charged by the board and under such conditions and

regulations as the board may enforce.

(2)  The holder of a limited distillery license may,

separately or in conjunction with other limited distillery

licensees, sell bottled liquors produced by the distillery at no

more than two (2) board-approved locations other than the

licensed premises, with no bottling or production requirement at

those additional board-approved locations and under such

conditions and regulations as the board may enforce to the

board, to individuals and to entities licensed by the board.

(3)  The holder of a limited distillery license may apply for

and hold a hotel liquor license, a restaurant liquor license or

a malt and brewed beverages retail license to sell for

consumption at the restaurant or limited distillery on the

licensed distillery premises liquor, wine and malt or brewed

beverages regardless of the place of manufacture under the same

conditions and regulations as any other hotel liquor license,

restaurant liquor license or malt and brewed beverages retail

license.

(4)  The holder of a limited distillery license may sell food

for consumption on or off the licensed premises and sell by the

glass only liquor that may otherwise be sold by the bottle.

(5)  The holder of a limited distillery license may provide

tasting samples of liquor in individual portions not to exceed

one (1) fluid ounce on the licensed premises and at the two (2)

board-approved locations. Samples may be sold or provided free

of charge and may only be provided between the hours of nine

o'clock antemeridian and nine o'clock postmeridian.

(6)  The fee for the limited distillery license shall be in

an amount to be determined by the board but shall not exceed one

thousand five hundred dollars ($1,500).

(7)  The board may issue to the holder of a distillery

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license a limited distillery license in exchange for the

distillery license provided that the applicant has not

manufactured more than forty thousand (40,000) gallons of

distilled liquor in the prior calendar year. An applicant under

this subsection shall surrender his distillery license for

cancellation prior to the issuance of the new limited distillery

license. The authority of the board to exchange a distillery

license for a limited distillery license under this subsection

and this subsection shall expire December 31, 2012.

(c)  (1)  The holder of a distillery license as issued under

section 505 may sell bottled liquors produced on the licensed

premises to the board, to entities licensed by the board and to

the public between the hours of nine o'clock antemeridian and

nine o'clock postmeridian so long as a specific code of

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distilled liquor which is listed for sale as a stock item by the

board in State liquor stores may not be offered for sale at a

licensed distillery location at a price which is lower than that

charged by the board and under such conditions and regulations

as the board may enforce.

(2)  The holder of a distillery license as issued under

section 505 may provide tasting samples of liquor in individual

portions not to exceed one (1) fluid ounce. Samples may be sold

or provided free of charge between the hours of nine o'clock

antemeridian and nine o'clock postmeridian.

Section 2.  This act shall take effect in 60 days.