1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for sales by liquor licensees, restrictions<- 
18and for unlawful acts relative to liquor, malt and brewed 
19beverages and licensees further providing for definitions,<- 
20for sales by liquor licensees and restrictions, for retail 
21dispensers' restrictions on purchases and sales, for 
22breweries and for unlawful acts relative to liquor, malt and 
23brewed beverages and licensees.

24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:

26Section 1. Sections 406(f)(13) and 493(33) of the act of<-
27April 12, 1951 (P.L.90, No.21), known as the Liquor Code,

1reenacted and amended June 29, 1987 (P.L.32, No.14) and amended
2July 5, 2012 (P.L.1007, No.116), are amended to read:

3Section 1. The definition of "eligible entity" in section<-
4102 of the act of April 12, 1951 (P.L. 90, No.21), known as the
5Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
6and amended July 5, 2012 (P.L.1007, No.116), is amended to read:

7Section 102. Definitions.--The following words or phrases,
8unless the context clearly indicates otherwise, shall have the
9meanings ascribed to them in this section:

10* * *

11"Eligible entity" shall mean a city of the third class, a 
12hospital, a church, a synagogue, a volunteer fire company, a 
13volunteer ambulance company, a volunteer rescue squad, a unit of 
14a nationally chartered club which has been issued a club liquor 
15license, a club which has been issued a club liquor license and 
16which, as of December 31, 2002, has been in existence for at 
17least 100 years, a library, a nationally accredited Pennsylvania 
18nonprofit zoological institution licensed by the United States 
19Department of Agriculture, a nonprofit agricultural association 
20in existence for at least ten years, a bona fide sportsmen's 
21club in existence for at least ten years, a nationally chartered 
22veterans' organization and any affiliated lodge or subdivision 
23of such organization, a fraternal benefit society that is 
24licensed to do business in this Commonwealth and any affiliated 
25lodge or subdivision of such fraternal benefit society, a museum 
26operated by a nonprofit corporation, a nonprofit corporation 
27engaged in the performing arts, an arts council, a nonprofit 
28corporation that operates an arts facility or museum, a 
29nonprofit organization as defined under section 501(c)(3) of the 
30Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
 

1501(c)(3)) whose purpose is to protect the architectural 
2heritage of boroughs or a township of the second class and which 
3has been recognized as such by a municipal resolution, a 
4nonprofit organization as defined under section 501(c)(3) of the 
5Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 
6501(c)(3)) conducting a regatta in a city of the second class 
7with the permit to be used on State park grounds or conducting a 
8family-oriented celebration as part of Welcome America in a city 
9of the first class on property leased from that city for more 
10than fifty years, a nonprofit organization as defined under 
11section 501(c)(3) of the Internal Revenue Code of 1986 (26 
12U.S.C. § 501(c)(3)) whose purpose is to raise funds for the 
13research and treatment of cystic fibrosis, a nonprofit 
14organization as defined under section 501(c)(3) of the Internal 
15Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to 
16educate the public on issues dealing with watershed 
17conservation, a nonprofit organization as defined under section 
18501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
19514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide equine 
20assisted activities for children and adults with special needs, 
21a nonprofit economic development agency in a city of the second 
22class with the primary function to serve as an economic 
23generator for the greater southwestern Pennsylvania region by 
24attracting and supporting film, television and related media 
25industry projects and coordinating government and business 
26offices in support of a production, a county tourist promotion 
27agency as defined in section 3(1) of the act of April 28, 1961 
28(P.L.111, No.50), known as the "Tourist Promotion Law," a junior 
29league that is a nonprofit organization as defined under section 
30501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. §
 

1501(c)(3)) that is comprised of women whose purpose is 
2exclusively educational and charitable in promoting the 
3volunteerism of women and developing and participating in 
4community projects and that has been in existence for over 
5seventy years, a nonprofit organization as defined under section 
6501(c)(3) of the Internal Revenue Code of 1986 and whose purpose 
7is the education and promotion of American history, a nonprofit 
8organization as defined under section 501(c)(6) of the Internal 
9Revenue Code of 1986 whose purpose is to support business and 
10industry, a brewery which has been issued a license to 
11manufacture malt or brewed beverages and has been in existence 
12for at least 100 years or a club recognized by Rotary 
13International and whose purpose is to provide service to others, 
14to promote high ethical standards and to advance world 
15understanding, goodwill and peace through its fellowship of 
16business, professional and community leaders or a nonprofit 
17organization as defined under section 501(c)(3) of the Internal 
18Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) 
19whose purpose is to promote mushrooms while supporting local and 
20regional charities, a museum operated by a not-for-profit 
21corporation in a city of the second class A, a nonprofit 
22organization as defined under section 501(c)(3) of the Internal 
23Revenue Code of 1986 which is located in a city of the second 
24class A and has as its purpose economic and community 
25development, a nonprofit organization as defined under section 
26501(c)(3) or (6) of the Internal Revenue Code of 1986 that is 
27located in a city of the third class in a county of the fifth 
28class, a nonprofit social service organization defined under 
29section 501(c)(3) of the Internal Revenue Code of 1986 located 
30in a county of the third class whose purpose is to serve
 

1individuals and families in that county of the third class, a 
2nonprofit organization as defined under section 501(c)(3) of the 
3Internal Revenue Code of 1986 whose main purpose is to 
4temporarily foster stray and unwanted animals and match them to 
5suitable permanent homes or a nonprofit organization as defined 
6under section 501(c)(3) of the Internal Revenue Code of 1986 who 
7operates either a Main Street Program or Elm Street Program 
8recognized by the Commonwealth, the National Trust for Historic 
9Preservation or both, a nonprofit radio station that is a member 
10of the National Public Radio network, a nonprofit public 
11television station that is a member of the Pennsylvania Public 
12Television Network [or], a nonprofit organization as defined 
13under section 501(c)(3) of the Internal Revenue Code of 1986 
14whose purpose is to promote awareness, education and research 
15and to provide a support system for patients with neutropenia 
16and their families through a national resource network[.], a 
17nonprofit organization as defined under section 501(c)(3) of the 
18Internal Revenue Code of 1986, whose purpose is to provide young 
19people with a program to build character and train them in the 
20responsibilities of participating, citizenship and develop 
21personal fitness with the goal of creating future leaders of the 
22country or a nonprofit organization as defined under section 
23501(c)(3) of the Internal Revenue Code of 1986 whose main 
24purpose is to assist children and their families who are facing 
25financial hardship due to the death of a parent.

26* * *

27Section 2. Sections 406(f)(3), (10), (13), (18) and (19),
28442(f)(2), (9), (13), (18) and (19) and 446(b)(3), (10), (13), 
29(18) and (19) of the act, amended July 5, 2012 (P.L.1007, 
30No.116), are amended and the subsections are amended by adding
 

1paragraphs to read:

2Section 406. Sales by Liquor Licensees; Restrictions.--* * *

3(f) The holder of a hotel or restaurant liquor license may 
4obtain an off-premises catering permit subject to section 
5493(33) to hold a catered function off the licensed premises and 
6on otherwise unlicensed premises where the licensee may sell 
7wine, liquor and malt or brewed beverages by the glass, open 
8bottle or other container, and in any mixture together with 
9food, for consumption on those premises. Functions conducted 
10under the authority of the permit shall be subject to the 
11following:

12* * *

<-13(3) each catered function shall last no longer than one day 
14and not more than [fifty] fifty-two catered functions may be 
15held each calendar year by each license holder for use with a 
16particular license;

17* * *

18(10) written notice shall be provided to the board at least
19[thirty] fourteen days prior to a catered function. Written
20notice must include the location of the function, time of the
21function, host of the function, general information regarding
22the guests expected at the function as well as any information
23the board shall from time to time prescribe. The board may, in
24its discretion, accept notice in an electronic format. The board
25may, in its discretion, waive the [thirty-day] fourteen-day
26notice period for a catered function if:

27(i) the applicant has previously conducted functions that
28meet the requirements of this act;

29(ii) the applicant is a licensee in good standing with the
30board;

1(iii) notification was received at least [fourteen] seven
2days prior to the catered function; and

3(iv) the applicant pays a late fee of one hundred dollars
4($100);

5* * *

6(13) no catered function may be held for more than five
7hours per day and must end by midnight unless the catered 
8function occurs on December 31 of any calender year on which 
9date the catered function must end by two o'clock antemeridian;

10* * *

<-11(18) a permit shall not be issued to a licensee for use in
12any location that is mobile; [and]

13(19) a permit shall not be issued for use on any location 
14used for parking at a sports event or concert event[.]; and

15(20) the board shall provide written notice of the March 1
16application deadline at least thirty days prior to March 1 of
17each calendar year. This written notice shall be sent to all
18licensees who have applied for and received the off-premises
19catering permit for the prior calendar year.

20* * *

21Section 442. Retail Dispensers' Restrictions on Purchases
22and Sales.--* * *

23(f) The holder of an eating place retail dispenser license 
24may obtain an off-premises catering permit under section 493(33) 
25to hold a catered function off of the licensed premises and on 
26otherwise unlicensed premises where the licensee may sell malt 
27or brewed beverages by the glass, open bottle or any other 
28container, together with food, for consumption on those premises 
29solely used for catering premises. Functions conducted under the 
30authority of the permit shall be subject to the following:

1* * *

2(2) each catered function shall last no longer than one day 
3and not more than [fifty] fifty-two catered functions may be 
4held each calendar year by each license holder for use with a 
5particular license;

6* * *

7(9) written notice shall be provided to the board at least
8[thirty] fourteen days prior to a catered function. Written
9notice must include the location of the function, time of the
10function, host of the function, general information regarding
11the guests expected at the function as well as any information
12the board shall from time to time prescribe. The board may, in
13its discretion, accept notice in an electronic format. The board
14may, in its discretion, waive the [thirty-day] fourteen-day
15notice period for a catered function if:

16(i) the applicant has previously conducted functions that
17meet the requirements of this act;

18(ii) the applicant is a licensee in good standing with the
19board; of

20(iii) notification was received at least [fourteen] seven
21days prior to the catered function; and

22(iv) the applicant pays a late fee of one hundred dollars
23($100);

24* * *

25(13) no catered function may be held for more than five
26hours per day and must end by midnight unless the catered 
27function occurs on December 31 of any calendar year on which the 
28date the catered function must end by two o'clock antemeridian;

29* * *

30(18) a permit shall not be issued to a licensee for use in

1any location that is mobile; [and]

2(19) a permit shall not be issued for use on any location
3used for parking at a sports event or concert event[.]; and

4(20) the board shall provide written notice of the March 1
5application deadline at least thirty days prior to March 1 of
6each calendar year. This written notice shall be sent to all
7licensees who have applied for and received the off-premises
8catering permit for the prior calendar year.

9Section 446. Breweries.--* * *

10(b) The holder of a brew pub license may obtain an off-
11premises catering permit subject to section 493(33) to hold a 
12catered function off the licensed premises and on otherwise 
13unlicensed premises where the licensee may sell wine produced by 
14a licensed limited winery and malt or brewed beverages produced 
15by the brewery by the glass, open bottle or other container 
16together with food, and in any mixture, for consumption on those 
17premises. Functions conducted under the authority of the permit 
18shall be subject to the following:

19* * *

20(3) each catered function shall last no longer than one day
21and not more than [fifty] fifty-two catered functions may be
22held each calendar year by each license holder for use with a
23particular license;

24* * *

25(10) written notice shall be provided to the board at least
26[thirty] fourteen days prior to a catered function. Written
27notice must include the location of the function, time of the
28function, host of the function, general information regarding
29the guests expected at the function as well as any information
30the board shall from time to time prescribe. The board may, in

1its discretion, waive the [thirty-day] fourteen-day notice
2period for a catered function if:

3(i) the applicant has previously conducted functions that
4meet the requirements of this act;

5(ii) the applicant is a licensee in good standing with the
6board;

7(iii) notification was received at least [fourteen] seven
8days prior to the catered function; and

9(iv) the applicant pays a late fee of one hundred dollars
10($100);

11* * *

12(13) no catered function may be held for more than five
13hours per day and must end by midnight unless the catered 
14function occurs on December 31 of any calendar year on which 
15date the catered function must end by two o'clock antemeridian;

16* * *

17(18) a permit shall not be issued to a licensee for use in
18any location that is mobile; [and]

19(19) a permit shall not be issued for use on any location
20used for parking at a sports event or concert event[.]; and

21(20) the board shall provide written notice of the March 1
22application deadline at least thirty days prior to March 1 of
23each calendar year. This written notice shall be sent to all
24licensees who have applied for and received the off-premises
25catering permit for the prior calendar year.

26Section 3. Section 493(33) of the act, amended july 5, 2012
27(P.L.1007, No.116), is amended to read:

28Section 493. Unlawful Acts Relative to Liquor, Malt and
29Brewed Beverages and Licensees.--The term "licensee," when used
30in this section, shall mean those persons licensed under the

1provisions of Article IV, unless the context clearly indicates
2otherwise.

3It shall be unlawful--

4* * *

5(33) Off-premises Catering Permit; Fees. For any licensee, 
6his servants, agents or employes to sell alcohol at a location 
7other than its licensed premises, unless the sale is 
8specifically authorized under this act, or unless the licensee 
9receives a special permit from the board to do so. Only those 
10licensees holding a current and valid restaurant, hotel, brew 
11pub or eating place license shall be allowed to apply for such a 
12permit. Any licensee that wishes to obtain an off-premises 
13catering permit must notify the board and pay the permitting fee 
14by March of each calendar year regardless of whether the 
15licensee has scheduled catered events. Any licensee that fails 
16to notify the board and pay the permit fee by March 1 [shall] 
17may be precluded from obtaining the permit for that calendar 
18year. The board shall have the discretion to allow the issuance 
19of the permit after the March deadline so long as the applicant 
20is a licensee in good standing with the board and complies with 
21all other requirements for the off-premises catering permit. A 
22licensee applying for the permit after the March deadline shall 
23pay the board a late fee of five hundred dollars ($500) in 
24addition to the permit fee allowed by this act. If a licensee 
25notifies the board and pays the permitting fee by March 1 and 
26does not then use the permit throughout the calendar year, the 
27licensee shall not be entitled to a return of the permitting 
28fee. Any licensee not granted a license until after March 1 of 
29the calendar year shall have sixty days from the date of the 
30license transfer to notify the board of the licensee's intention
 

1to use an off-premises catering permit and pay the permitting 
2fee. All servers at the off-premises catered function shall be 
3certified under the board's responsible alcohol management 
4program as required under section 471.1. The board may charge a 
5fee of five hundred dollars ($500) each calendar year, to each 
6applicant for the initial permit associated with a particular 
7license, but no further fee shall be charged for any subsequent 
8permits issued to the applicant for the license during the same 
9calendar year. The applicant shall submit written notice to the 
10board [thirty] fourteen days prior to each catered event, unless 
11this time frame has been waived by the board, and the board may 
12approve or disapprove each event if the applicant fails to 
13provide timely notice of the catered function, does not intend 
14to conduct a function that meets the requirements of this act or 
15has previously conducted a function that did not meet the 
16requirements of this act. The fees shall be paid into the State 
17Stores Fund. Any violation of this act or the board's 
18regulations for governing activity occurring under the authority 
19of this permit may be the basis for the issuance of a citation 
20under section 471, the nonrenewal of the license under section 
21470 or the refusal by the board to issue subsequent permits or 
22honor subsequent dates on the existing permit. This penalty 
23shall be in addition to any other remedies available to the 
24enforcement bureau or the board.

25* * *

26Section 2 4. This act shall take effect <-in 60 days 
<-27immediately.