THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY AUMENT, BEAR, BOYD, CALTAGIRONE, CREIGHTON, CUTLER, EVANKOVICH, EVERETT, GEIST, GINGRICH, GROVE, MULLERY, PAYTON AND STURLA, MAY 14, 2012

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 14, 2012  

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,"

providing for nano-brewery licenses. 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. 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), is amended by adding a section to read:

Section 431.2.  Nano-brewery license.--(a)  The board shall

issue to any person who is a resident of this Commonwealth in

good repute who applies therefor, and pays the license fee

hereinafter prescribed, a nano-brewery license to produce and

manufacture no more than one hundred fifty barrels of malt or

brewed beverages and to transport, sell and deliver malt or

brewed beverages from the place of manufacture only in original

containers, in quantities of not less than a case or original

containers containing one hundred twenty-eight ounces or more

which may be sold separately anywhere in this Commonwealth. The

application for such license shall be in such form and contain

such information as the board shall require. All such licenses

shall be granted for a license period to be determined by the

board. Every manufacturer shall keep at his or its principal

place of business, within this Commonwealth, daily permanent

records which shall show:

(1)  the quantities of raw materials received and used in the

manufacture of malt or brewed beverages and the quantities of

malt or brewed beverages manufactured and stored;

(2)  the sales of malt or brewed beverage;

(3)  the quantities of malt or brewed beverages stored for

hire or transported for hire by or for the licensee; and

(4)  the names and addresses of the purchases or other

recipients thereof.

Every place licensed as a manufacturer shall be subject to

inspection by members of the board or by persons duly authorized

and designated by the board, at any and all times of the day or

night, as they may deem necessary, for the detection of

violations of this act or of the rules and regulations of the

board or for the purpose of ascertaining the correctness of the

records required to be kept by licensees. The books and records

of such licensees shall, at all times, be open to be inspected

by members of the board or by persons duly authorized and

designated by the board. Members of the board and its duly

authorized agents shall have the right, without hindrance, to

enter any place which is subject to inspection hereunder or any

place where such records are kept for the purpose of making such

inspections and for making transcriptions thereof. Whenever any

checks issued in payment of filing or license fees shall be

returned to the board as dishonored, the board shall charge a

fee of five dollars ($5.00) per one hundred dollars ($100.00) or

fractional part thereof, plus all protest fees, to the maker of

such check submitted to the board. Failure to make full payment

or pay the face amount of the check in full and all charges

thereon as herein required within ten days after demand has been

made by the board upon the maker of the check or upon

notification to the board by the Department of Revenue or the

Department of Labor and Industry of its objection, the license

of such person shall immediately become invalid and shall remain

invalid until payment of all charges are received by the board.

(b)  The holder of a nano-brewery license shall have all the

rights and be subject to the same conditions and qualifications

as those imposed on holders of a malt or brewed beverage

manufacturer's license.

(c)  Holders of a nano-brewery may:

(1)  Sell malt or brewed beverages produced and owned by the

brewery under such conditions and regulations as the board may

enforce, to individuals for consumption on or off the licensed

premises in any container or package of any volume and to hotel,

restaurant, club and public service liquor licensees.

(2)  Operate a restaurant or brewery pub on the licensed

premises under such conditions and regulations as the board may

enforce, provided, however, that sales on Sunday may be made

irrespective of the volume of food sales if the licensed

premises are at a public venue location. The holder of a brewery

license may sell at its brewery pub premises Pennsylvania wines

it has purchased from either the holder of a Pennsylvania

limited winery license or from the board, provided, however,

that said wines must be consumed at the licensed brewery pub

premises.

(3)  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 brewery pub on the

licensed brewery 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 or brewed beverages retail

license, but must brew at least two hundred fifty barrels per

year. Each holder of a brewery license who receives a hotel

liquor license, a restaurant liquor license or a malt or brewed

beverages retail license to operate a brew pub shall not sell

directly to any person licensed by this act, except if any malt

or brewed beverage is to be distributed in this Commonwealth, it

shall be only through specific importing distributors who shall

have first been given distributing rights for such products in

designated geographical areas through the distribution system

required for out-of-State manufacturers under section 431(b) as

well as all other pertinent sections of this act.

(d)  The fee for the nano-brewery license shall be in an

amount to be determined by the board but shall not exceed five

hundred dollars ($500.00).

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