PRINTER'S NO. 1453
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
39
Session of
2015
INTRODUCED BY P. COSTA, BARRAR, V. BROWN, BROWNLEE, COHEN,
D. COSTA, DeLUCA, DONATUCCI, ELLIS, PHILLIPS-HILL, JAMES,
KILLION, KOTIK, MILLARD, MUSTIO, O'BRIEN, SCHREIBER, MAHONEY,
HARHAI AND SABATINA, MAY 6, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 6, 2015
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," in
distilleries, wineries, bonded warehouses, bailees for hire
and transporters for hire, further providing for
distilleries.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505.4(b) 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), is amended by adding clauses to
read:
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Section 505.4. Distilleries.--* * *
(b) * * *
(8) At the discretion of the board, the holder of a limited
distillery license may obtain a special permit to participate in
alcoholic cider, wine and food expositions off the licensed
premises. A special permit shall be issued upon proper
application and payment of a fee of thirty dollars ($30) per day
for each day of permitted use, not to exceed thirty (30)
consecutive days. The total number of days for all the special
permits may not exceed one hundred (100) days in any calendar
year. A special permit shall entitle the holder to engage in the
sale by the glass, by the bottle or in case lots of liquor
produced by the permittee under the authority of a limited
distillery license. Holders of special permits may provide
tasting samples of liquor in individual portions not to exceed
one and one-half (1.5) fluid ounces. Samples at alcoholic cider,
wine and food expositions may be sold or offered free of charge.
Except as provided in this clause, limited distilleries
utilizing special permits shall be governed by all applicable
provisions of this act as well as by all applicable regulations
or conditions adopted by the board. For the purposes of this
clause, "alcoholic cider, wine and food expositions" are defined
as affairs held indoors or outdoors with the intent of promoting
Pennsylvania products by educating those in attendance of the
availability, nature and quality of Pennsylvania-produced
alcoholic ciders and wines in conjunction with suitable food
displays, demonstrations and sales. Alcoholic cider, wine and
food expositions may also include activities other than
alcoholic cider, wine and food displays, including arts and
crafts, musical activities, cultural exhibits, agricultural
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exhibits and farmers markets.
(8.1) At the discretion of the board, the holder of a
limited distillery license may obtain a farmers market permit.
The permit shall entitle the holder to participate in more than
one (1) farmers market at any given time and an unlimited number
throughout the year and sell liquor produced under the authority
of the underlying limited distillery license by the bottle or in
case lots. Samples not to exceed one and one-half (1.5) fluid
ounces per brand of liquor may be offered free of charge. A
farmers market permit shall be issued upon proper application
and payment of an annual fee of two hundred fifty dollars
($250). A permit holder may participate in more than one (1)
farmers market at any given time. Sales by permit holders shall
take place during the standard hours of operation of the farmers
market. Written notice of the date, times and location the
permit is to be used shall be provided by the permit holder to
the enforcement bureau at least two (2) weeks prior to the
event. Except as provided in this subsection, limited
distilleries utilizing farmers market permits shall be governed
by all applicable provisions of this act as well as by all
applicable regulations adopted by the board.
* * *
Section 2. This act shall take effect in 60 days.
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