See other bills
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SENATE AMENDED
PRIOR PRINTER'S NOS. 1571, 1726, 1858
3353, 3666, 3697
PRINTER'S NO. 4090
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1196
Session of
2015
INTRODUCED BY PETRI, MAY 13, 2015
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, OCTOBER 24, 2016
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
preliminary provisions, further providing for definitions; in
Pennsylvania Liquor Control Board, further providing for
general powers of board; in Pennsylvania Liquor Stores,
further providing for sales by Pennsylvania Liquor Stores; in
licenses and regulations and liquor, alcohol and malt and
brewed beverages, further providing for sales by liquor
licensees and restrictions, providing for national event
permit, further providing for wine expanded permits, for
casino liquor license, for malt and brewed beverages
manufacturers', distributors' and importing distributors'
licenses, for malt and brewed beverage retail licenses, for
brand registration, for Pennsylvania Malt and Brewed
Beverages Industry Promotion Board, for license auction, for
unlawful acts relative to liquor, alcohol and liquor
licensees and for unlawful acts relative to liquor, malt and
brewed beverages and licensees; and, in distilleries,
wineries, bonded warehouses, bailees for hire and
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transporters for hire, further providing for limited
wineries; in disposition of moneys collected under provisions
of act, further providing for moneys paid into State Stores
Fund for use of the Commonwealth; and making a related
repeal.
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
PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS; IN
PENNSYLVANIA LIQUOR CONTROL BOARD, FURTHER PROVIDING FOR
GENERAL POWERS OF BOARD; IN LICENSES AND REGULATIONS AND
LIQUOR, ALCOHOL AND MALT AND BREWED BEVERAGES, FURTHER
PROVIDING FOR SALES BY LIQUOR LICENSEES AND RESTRICTIONS, FOR
WINE AUCTION PERMITS, FOR INTERLOCKING BUSINESS PROHIBITED,
FOR PUBLIC VENUE LICENSE, FOR WINE EXPANDED PERMITS, FOR MALT
AND BREWED BEVERAGES MANUFACTURERS', DISTRIBUTORS' AND
IMPORTING DISTRIBUTORS' LICENSES, FOR BRAND REGISTRATION AND
FOR BREWERIES, PROVIDING FOR SHIPMENT OF MALT OR BREWED
BEVERAGES AND FURTHER PROVIDING FOR LOCAL OPTION AND FOR
UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND BREWED BEVERAGES
AND LICENSEES; AND, IN DISTILLERIES, WINERIES, BONDED
WAREHOUSES, BAILEES FOR HIRE AND TRANSPORTERS FOR HIRE,
FURTHER PROVIDING FOR LIMITED WINERIES AND FOR DISTILLERIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "alcoholic cider," "malt or
brewed beverages" and "mug club" in section 102 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), amended
June 18, 1998 (P.L.664, No.86) and amended or added June 8, 2016
(P.L.273, No.39), are amended and the section is amended by
adding a definition to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
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* * *
"Alcoholic cider" shall mean a beverage which may contain
carbonation in an amount not to exceed [three hundred ninety-two
one thousandths of a gram per one hundred milliliters and
flavors] six and four tenths grams per liter, produced through
alcoholic fermentation of any fruit or fruit juice, consisting
of at least one-half of one per centum, but not greater than
eight and one-half per centum, alcohol by volume and sold or
offered for sale as alcoholic cider and not as a wine, a wine
product or as a substitute for wine, in bottles, cases, kegs,
cans or other suitable containers of the type used for the sale
of malt or brewed beverages in this Commonwealth.
* * *
"Malt or Brewed Beverages" shall mean any beer, lager beer,
ale, porter or similar fermented malt beverage containing one-
half of one per centum or more of alcohol by volume, by whatever
name such beverage may be called, and shall mean alcoholic cider
and mead.
* * *
"Mead" shall mean an alcoholic beverage produced by
fermenting a solution of at least fifty-one per centum honey,
water and other agricultural products and containing not more
than eight and one-half per centum alcohol by volume and sold or
offered for sale as mead and not as a wine, a wine product or as
a substitute for wine, in bottles, cases, kegs, cans or other
suitable containers of the type used for the sale of malt or
brewed beverages in this Commonwealth.
* * *
"Mug club" shall mean a group organized by a retail licensee
or a brewery whose members are entitled to discounted malt or
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brewed beverages. Membership shall be by written application and
the licensee must maintain a written list of active members as
part of its records. [Members shall pay] Licensees may charge an
annual fee as well as a renewal fee [as set by the licensee.
Membership shall, at a minimum, entitle the member to a mug,
glass or similar container and said container must be used when
the member is served any discounted malt or brewed
beverages]. No discounted malt or brewed beverages may be
provided between midnight and seven o' clock antemeridian.
* * *
Section 2. Section 207(l) of the act, amended or added June
8, 2016 (P.L.273, No.39), are amended and the section is amended
by adding a subsection to read:
Section 207. General Powers of Board.--Under this act, the
board shall have the power and its duty shall be:
* * *
(l) To be licensed as a Lottery Sales Agent as set forth in
section 305 of the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law, and to take any actions
authorized by such designation except that no bond, insurance or
indemnification may be required from the board. Notwithstanding
any other provision of law to the contrary, the board may pay
the holder of a winning ticket up to an amount that shall be
established jointly by the board and the Department of Revenue.
[All proceeds retained by the board as compensation for the sale
of tickets, including incentive awards or bonuses, as well as
credit for direct payment of prizes, shall be deposited into the
General Fund.]
* * *
(o) The names and addresses of individual consumers who
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participate in a customer relations management program or
purchase products from the board, as well as any records or
information that would disclose the personal purchase choices of
individual consumers, shall not be sold or otherwise made
available to the public under any circumstances, including in
response to a request made in accordance with the act of
February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
Law."
Section 3. Section 305(j) and (k)(3) of the act, added June
8, 2016 (P.L.273, No.39), are amended to read:
Section 305. Sales by Pennsylvania Liquor Stores.--* * *
(j) A Pennsylvania Liquor Store may continue to sell
alcoholic cider and mead within the Pennsylvania Liquor Store's
inventory after the effective date of this section until the
alcoholic cider and mead within the Pennsylvania Liquor Store's
current inventory is depleted. The board may not purchase
additional alcoholic cider and mead after the effective date of
this section.
(k) Notwithstanding the provisions of the act of August 26,
1971 (P.L.351, No.91), known as the State Lottery Law, the
following shall apply if the board becomes a licensed lottery
sales agent, as set forth in section 305 of the State Lottery
Law:
* * *
(3) [Any] No commissions, compensation or any type of
incentive award based upon the sale of lottery tickets and games
shall be [deposited by the board into the General Fund] awarded.
Section 4. (Reserved).
Section 5. Section 406(a)(3) of the act, amended June 8,
2016 (P.L.273, No.39), is amended to read:
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Section 406. Sales by Liquor Licensees; Restrictions.--(a)
* * *
(3) Hotel and restaurant liquor licensees, municipal golf
course restaurant liquor licensees and privately-owned public
golf course restaurant licensees may sell liquor and malt or
brewed beverages on Sunday between the hours of [eleven] nine
o'clock antemeridian and two o'clock antemeridian Monday upon
purchase of a special permit from the board at an annual fee as
prescribed in section 614-A of the act of April 9, 1929
(P.L.177, No.175), known as "The Administrative Code of 1929."
[Notwithstanding this provision, a licensee holding such a
permit may begin selling liquor and malt or brewed beverages on
Sunday between the hours of nine o'clock antemeridian and eleven
o'clock antemeridian provided that the licensee offers a meal
beginning at nine o'clock antemeridian.] Airport restaurant
liquor licensees may sell liquor and malt or brewed beverages on
Sunday between the hours of five o'clock antemeridian and two
o'clock antemeridian Monday upon purchase of a special permit
from the board at an annual fee as prescribed in section 614-A
of the act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929."
* * *
Section 6. (Reserved).
Section 7. The act is amended by adding a section to read:
Section 408.17. National Event Permit.--(a) Upon
application of the chief executive of a national political party
conducting its national convention in this Commonwealth, or his
or her designee, or the official host committee of the national
convention, the board may issue a national event permit or
permits for events directly connected to the convention.
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(b) The application shall include an application fee of
five-thousand dollars ($5,000). No additional fee shall be
required for any subsequent application.
(c) The board shall approve the application unless doing so
would clearly be against the public interest. If the board
approves the application, the board shall determine the
location, date and hours that the permit shall be in effect.
More than one location may be licensed at one time.
(d) The permit shall have the same rights and restrictions
as a special occasion permit issued under section 408.4, except
as follows:
(1) The permit shall not be subject to the hours restriction
under section 408.4(k), the days restrictions under section
408(i) or the notice requirements under section 408.4(j).
(2) The permit may be issued to a location that is already
licensed by the board so long as the board clearly states which
permit or license is in effect.
(3) The permit holder may accept, import, possess or resell
donated alcohol acquired from licensed and unlicensed entities
so long as it receives board approval prior to doing so. The
donated alcohol does not need to come to rest at a Pennsylvania
Liquor Store prior to its use by the permit holder, unless the
board so directs. Malt or brewed beverages donated under this
section shall not need to come to rest at a licensed importing
distributor prior to their use by the permit holder, so long as
the donated brands are registered with the board and the board
approves the arrangement.
(4) If the proposed location is subject to a conditional
licensing agreement that imposes additional conditions on the
sale and service of alcohol at that location, the board may in
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its discretion waive some or all of those conditions while the
permit is in effect.
(5) No sales for off-premises consumption may occur unless
the premises is already licensed by the board. In those cases,
sales for off-premises consumption shall be subject to the same
rights and restrictions as are imposed on the underlying
license.
(e) A copy of each approved permit shall be made available
to the public on the board's publicly accessible Internet
website.
(f) This section shall expire on July 29, 2016, and no
permit shall remain in effect after that date.
Section 8. Sections 415(a)(9) and (e)(3) and (4) of the act,
added June 8, 2016 (P.L.273, No.39), are amended to read:
Section 415. Wine Expanded Permits.--(a) * * *
(9) A sale of wine by a wine expanded permit holder shall be
made through a register, which malt or brewed beverages and
restaurant foods sales are made on the licensed premises, which
is well designated with signage, which is staffed at all times
when patrons are on the licensed premises, which is staffed by a
sales clerk who is at least eighteen years of age and has been
trained under section 471.1 and which utilizes a transaction
scan device for the sale. The sale of wine may not occur at a
point of sale where the customer scans the customer's own
purchases.
* * *
(e) * * *
(3) A wine expanded permit holder may, when filing its
required returns under Article II of the Tax Reform Code of
1971, request a [refund] credit of any taxes paid in accordance
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with paragraph (1) for wine sold for off-premises consumption
and for which taxes were remitted to the department under
paragraph (2). [The request for a refund shall include the
original receipt from a Pennsylvania Liquor Store showing the
amount of taxes paid under paragraph (1) for which the taxpayer
is requesting a refund.
(4) The department shall refund the amount of taxes paid to
a Pennsylvania Liquor Store by a wine expanded permit holder
under paragraph (1) for which the taxpayer remitted taxes
imposed under paragraph (2). The department may promulgate rules
or regulations and prescribe forms as may be necessary to
implement the provisions of this subsection.]
* * *
Section 9. Section 416(b), (b.1) and (c)(2), (3) and (4) of
the act, added June 8, 2016 (P.L.273, No.39), are amended and
the section is amended by adding a subsection to read:
Section 416. Casino Liquor License.--* * *
(a.1) Notwithstanding any provision of law or regulation, a
nonprimary location, as defined in 4 Pa.C.S. ยง 1103 (relating to
definitions), may apply to the board for a casino liquor
license. The board may issue a casino liquor license to a
nonprimary location for use in accordance with this section. The
following apply:
(1) The application fee for a casino liquor license issued
to a nonprimary location under this subsection shall be as
follows:
(i) One million dollars ($1,000,000) in counties of the
first through third class.
(ii) Six hundred thousand dollars ($600,000) in counties of
the fourth and fifth class.
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(iii) Two hundred thousand dollars ($200,000) in counties of
the sixth through eighth class.
(2) A nonprimary location holding a casino liquor license
shall be subject to an annual renewal fee of ten thousand
dollars ($10,000).
(b) Each application for a casino license under this section
shall be accompanied by a fee of [one million dollars
($1,000,000)] five hundred thousand dollars ($500,000).
(b.1) Each restaurant licensee that does not hold a slot
machine license but operates within or adjacent to the gaming
facility [must] shall pay a one-time fee of ten thousand dollars
($10,000) in order to sell or serve liquor and malt or brewed
beverages twenty-four (24) hours a day seven (7) days a week.
(c) The following shall apply to renewals:
* * *
(2) For the first four years after the initial issue of the
casino liquor license, the casino liquor license shall be
subject to an annual renewal fee of [one million dollars
($1,000,000)] two hundred fifty thousand dollars ($250,000).
(3) After the period under paragraph (2), the casino liquor
license shall be subject to an annual renewal fee of [two
hundred and fifty thousand dollars ($250,000)] twenty-five
thousand dollars ($25,000).
(4) [Notwithstanding the provisions of section 802, all] All
fees collected or received by the board under this [subsection]
section shall be paid into the State [Treasury through the
Department of Revenue for deposit into the General] Stores Fund.
* * *
Section 10. Section 431(d)(2) of the act, amended December
20, 1996 (P.L.1513, No.196), is amended to read:
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Section 431. Malt and Brewed Beverages Manufacturers',
Distributors' and Importing Distributors' Licenses.--* * *
(d) * * *
(2) After January 1, 1980, no manufacturer shall enter into
any agreement with more than one distributor or importing
distributor for the purpose of establishing more than one
agreement for designated brand or brands of malt or brewed
beverages in any one territory. Each franchise territory which
is granted by a manufacturer shall be geographically contiguous
or in counties which are contiguous with one another. All
importing distributors shall maintain sufficient records to
evidence compliance of this section. With regard to any
territorial distribution authority granted to an importing
distributor by a manufacturer of malt or brewed beverages after
January 1, 1996, the records shall establish that each and every
case of a brand of malt or brewed beverages for which the
importing distributor is assigned was sold, resold, stored,
delivered or transported by the importing distributor, either
from a point or to a point with the assigned geographically
contiguous territory or in counties which are contiguous with
one another, to any person or persons, whether such person or
persons are licensed by this act or not licensed by this act.
* * *
Section 11. Sections 432 and 445 of the act are amended by
adding subsections to read:
Section 432. Malt and Brewed Beverages Retail Licenses.--* *
*
(i) All fees collected or received by the board under
subsection (h) shall be paid into the State Stores Fund.
Section 445. Brand Registration.--* * *
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(c) Any person selling malt or brewed beverages at
wholesale, and any person selling at retail malt or brewed
beverages that were not sold at wholesale, shall report to the
Pennsylvania Liquor Control Board the volume of such packaged
and draft malt or brewed beverages sold. The report, in the form
and manner determined by the board, shall be made for each
calendar month no later than sixty days after the end of each
calendar month and shall show product volumes, broken down by
brewer. All volumes shall be reported in thirty-one-gallon
barrel equivalents, regardless of package size. The board shall,
within fourteen days of the receipt of the report, place the
reports on the Internet in a manner accessible to the general
public. The board shall maintain the reports on the Internet in
a manner accessible to the general public for a period of at
least two years and shall archive the reports for a period of at
least ten years.
Section 12. Section 446.1(g), added June 8, 2016 (P.L.273,
No.39), is amended to read:
Section 446.1. Pennsylvania Malt and Brewed Beverages
Industry Promotion Board.--* * *
(g) Annually, the board shall allocate the amount of one
million dollars ($1,000,000) for the purpose of awarding grants
under subsection (e)(1). The Department of Agriculture may bill
for any administrative expenses necessary to perform its duties
under this section and shall be reimbursed for any necessary
expenses from the allocation.
Section 13. Section 491 introductory paragraph, (2) and (10)
of the act, amended July 5, 2012 (P.L.1007, No.116), are amended
and the section is amended by adding a subsection to read:
Section 491. Unlawful Acts Relative to Liquor, Alcohol and
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Liquor Licensees.--(a) It shall be unlawful--
* * *
(2) (i) Possession or Transportation of Liquor or Alcohol.
For any person, except a manufacturer or the board or the holder
of a sacramental wine license or of an importer's license, to
possess or transport any liquor or alcohol within this
Commonwealth which was not lawfully acquired prior to January
first, one thousand nine hundred and thirty-four, or has not
been purchased from a Pennsylvania Liquor Store or a licensed
limited winery in Pennsylvania, except in accordance with
section 488 or the board's regulations. In addition, it shall be
lawful for anyone to possess miniatures totaling less than one
gallon purchased in another state or a foreign country. The
burden shall be upon the person possessing or transporting such
liquor or alcohol to prove that it was so acquired.
Notwithstanding this section or any other provision of the law,
wine may be produced by any person without a license if the wine
is not produced for sale and total production does not exceed
two hundred gallons per calendar year. Wine produced in
accordance with this clause may be used at organized affairs,
exhibitions, competitions, contests, tastings or judgings if it
is not sold or offered for sale.
(ii) None of the provisions herein contained shall prohibit
nor shall it be unlawful for any person to import into
Pennsylvania, transport or have in his possession, an amount of
liquor not exceeding one gallon in volume upon which a State tax
has not been paid, if it can be shown to the satisfaction of the
board that such person purchased the liquor in a foreign country
or United States territory and was allowed to bring it into the
United States. Neither shall the provisions contained herein
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prohibit nor make it unlawful for [(i)] (A) any member of the
armed forces on active duty, or [(ii)] (B) any retired member of
the armed forces, or [(iii)] (C) any totally disabled veteran,
or [(iv)] (D) the spouse of any person included in the foregoing
classes of persons to import into Pennsylvania, transport or
have in his possession an amount of liquor not exceeding one
gallon per month in volume upon which the State tax has not been
paid, so long as such liquor has been lawfully purchased from a
package store established and maintained under the authority of
the United States and is in containers identified in accordance
with regulations issued by the Department of Defense. Such
liquor shall not be possessed, offered for sale or sold on any
licensed premises. The term "package store" as used in this
clause shall mean those retail operations located on any of the
United States military installations, including an installation
of the Army, Navy, Air Force, Marine Corps or Coast Guard.
(iii) None of the provisions herein contained shall prohibit
nor shall it be unlawful for any consul general, consul or other
diplomatic officer of a foreign government to import into
Pennsylvania, transport or have in his possession liquor upon
which a State tax has not been paid, if it can be shown to the
satisfaction of the board that such person acquired the liquor
in a foreign country and was allowed to bring it into the United
States. Such liquor shall not be possessed, offered for sale or
sold on any licensed premises.
(iv) Any person violating the provisions of this clause for
a first offense involving the possession or transportation in
Pennsylvania of any liquor in a package (bottle or other
receptacle) or wine not purchased from a Pennsylvania Liquor
Store or from a licensed limited winery in Pennsylvania, with
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respect to which satisfactory proof is produced that the
required Federal tax has been paid and which was purchased,
procured or acquired legally outside of Pennsylvania shall upon
conviction thereof in a summary proceeding be sentenced to pay a
fine of twenty-five dollars ($25) for each such package, plus
costs of prosecution, or undergo imprisonment for a term not
exceeding ninety (90) days. Each full quart or major fraction
thereof shall be considered a separate package (bottle or other
receptacle) for the purposes of this clause. Such packages of
liquor shall be forfeited to the Commonwealth in the manner
prescribed in Article VI of this act but [the] shall be returned
to the person if the person pays all State taxes on the liquor
to the Department of Revenue. The vehicle, boat, vessel, animal
or aircraft used in the illegal transportation of such packages
shall not be subject to forfeiture: Provided, however, That if
it is a second or subsequent offense or if it is established
that the illegal possession or transportation was in connection
with a commercial transaction, then the other provisions of this
act providing for prosecution as a misdemeanor and for the
forfeiture of the vehicle, boat, vessel, animal or aircraft
shall apply.
* * *
(10) Fortifying, Adulterating or Contaminating Liquor. For
any licensee or any employe or agent of a licensee or of the
board, to fortify, adulterate or contaminate any liquor, except
as permitted by the regulations of the board, or to refill
wholly or in part, with any liquid or substance whatsoever, any
liquor bottle or other liquor container. Notwithstanding any
other provision of law to the contrary, the board shall
promulgate regulations that prescribe the terms and conditions
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under which licensees may infuse, store and sell flavored
distilled spirits.
* * *
(b) (1) Nothing in this section shall be construed to
prohibit any resident of this Commonwealth not licensed under
this act to purchase liquor outside of this Commonwealth so
long as the resident pays all State taxes on the liquor to
the Department of Revenue and the liquor is not shipped into
this Commonwealth. The amount of liquor purchased under this
subsection may not exceed five gallons in volume.
(2) Nothing in this section shall be construed to prohibit
any resident of this Commonwealth not licensed under this act
from being reimbursed for the price of liquor purchased in
another state from another resident of this Commonwealth as
provided in clause (1) so long as the amount reimbursed is no
more than the purchase price of the liquor and the liquor is not
shipped into this Commonwealth. No fee, commission or other form
of remuneration shall be charged by any resident in excess of
the reimbursement amount for the purchase of the liquor.
Section 14. Section 493(6) and (33) of the act, amended June
8, 2016 (P.L.273, No.39), are reenacted and amended to read:
Section 493. Unlawful Acts Relative to Liquor, Malt and
Brewed Beverages and Licensees.--The term "licensee," when used
in this section, shall mean those persons licensed under the
provisions of Article IV, unless the context clearly indicates
otherwise.
It shall be unlawful--
* * *
(6) Brand or Trade Name on Spigot. For any licensee, his
agents, servants or employes, to furnish or serve any malt or
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brewed beverages from any faucet, spigot or other dispensing
apparatus, unless the trade name or brand of the product served
shall appear in full sight of the customer [and in legible
lettering upon such faucet, spigot or dispensing apparatus].
* * *
(33) Off-premises Catering Permit; Fees. For any licensee,
his servants, agents or employes to sell alcohol at a location
other than its licensed premises, unless the sale is
specifically authorized under this act, or unless the licensee
receives a special permit from the board to do so. The following
apply:
(i) Only those licensees holding a current and valid
restaurant, hotel, brew pub or eating place license shall be
allowed to apply for such a permit.
(ii) Any licensee that wishes to obtain an off-premises
catering permit must notify the board and pay the permitting fee
by March of each calendar year regardless of whether the
licensee has scheduled catered events. Any licensee that fails
to notify the board and pay the permit fee by March 1 shall be
precluded from obtaining the permit for that calendar year.
(iii) If a licensee notifies the board and pays the
permitting fee by March 1 and does not then use the permit
throughout the calendar year, the licensee shall not be entitled
to a return of the permitting fee.
(iv) Any licensee not granted a license until after March 1
of the calendar year shall have sixty days from the date of the
license transfer to notify the board of the licensee's intention
to use an off-premises catering permit and pay the permitting
fee.
(v) The board shall have the discretion to allow the
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issuance of the permit after the March 1 deadline if the
applicant is a licensee in good standing with the board and
complies with all other requirements for the off-premises
catering permit. A licensee shall apply for the permit at least
sixty days prior to the first catered function.
(vi) All servers at the off-premises catered function shall
be certified under the board's responsible alcohol management
program as required under section 471.1.
(vii) The board may charge a fee of five hundred dollars
($500) each calendar year, to each applicant for the initial
permit associated with a particular license, but no further fee
shall be charged for any subsequent permits issued to the
applicant for the license during the same calendar year.
(viii) The applicant shall submit written notice to the
board thirty days prior to each catered event, unless this time
frame has been waived by the board, and the board may approve or
disapprove each event if the applicant fails to provide timely
notice of the catered function, does not intend to conduct a
function that meets the requirements of this act or has
previously conducted a function that did not meet the
requirements of this act.
(ix) The fees shall be paid into the State Stores Fund. Any
violation of this act or the board's regulations for governing
activity occurring under the authority of this permit may be the
basis for the issuance of a citation under section 471, the
nonrenewal of the license under section 470 or the refusal by
the board to issue subsequent permits or honor subsequent dates
on the existing permit. This penalty shall be in addition to any
other remedies available to the enforcement bureau or the board.
* * *
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Section 15. Section 505.2 of the act, amended December 8,
2004 (P.L.1810, No.239), July 16, 2007 (P.L.107, No.34), June
25, 2010 (P.L.217, No.35), June 28, 2011 (P.L.55, No.11),
December 22, 2011 (P.L.530, No.113) and June 8, 2016 (P.L.273,
No.39), is amended to read:
Section 505.2. Limited Wineries.--(a) In the interest of
promoting tourism and recreational development in Pennsylvania,
holders of a limited winery license may:
(1) Produce alcoholic ciders, mead, wines and wine coolers,
subject to the exceptions provided under this section, only from
an agricultural commodity grown in Pennsylvania.
(2) Sell alcoholic cider, mead, wine and wine coolers
produced by the limited winery or purchased in bulk in bond from
another Pennsylvania limited winery on the licensed premises,
under such conditions and regulations as the board may enforce,
to the board, to individuals and to brewery, importing
distributor, distributor, hotel, restaurant, club and public
service liquor licensees, and to Pennsylvania winery licensees:
Provided, That a limited winery shall not, in any calendar year,
purchase alcoholic cider, mead or wine produced by other limited
wineries in an amount in excess of fifty per centum of the
alcoholic cider, mead or wine produced by the purchasing limited
winery in the preceding calendar year. In addition, the holder
of a limited winery license may purchase wine in bottles from
another Pennsylvania limited winery if these wines undergo a
second fermentation process. Such wine may be sold in bottles
bearing the purchasing limited winery's label or the producing
limited winery's label. Such wines, if sold by the board, may be
sold by the producing limited winery to the purchasing limited
winery at a price lower than the price charged by the board.
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(2.1) Notwithstanding any other provision of this act or law
to the contrary, only ship wine in accordance with the
provisions of section 488.
(3) Separately or in conjunction with other limited
wineries, sell alcoholic cider, mead, wine and wine coolers
produced by the limited winery on no more than five (5) 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
brewery, hotel, restaurant, club and public service liquor
licensees. If two or more limited wineries apply to operate an
additional board-approved location in conjunction with each
other, the wineries need only have one board-approved manager
for the location, need only pay one application fee and need not
designate specific or distinct areas for each winery's licensed
area. Each limited winery must file an application for such an
additional board-approved location, and such location shall
count as one of the five permitted for each limited winery. Each
limited winery is responsible for keeping only its own complete
records. A limited winery may be cited for a violation of the
recordkeeping requirements of sections 512 and 513 pertaining to
its own records only.
(4) At the discretion of the board, obtain a special permit
to participate in alcoholic cider, mead, 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)
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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 alcoholic cider, mead or wine produced by the
permittee under the authority of a limited winery license.
Holders of special permits may provide tasting samples of wines
in individual portions not to exceed one fluid ounce. Samples at
alcoholic cider, mead, wine and food expositions may be sold or
offered free of charge. Except as provided herein, limited
wineries 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, mead, 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, mead and
wines in conjunction with suitable food displays, demonstrations
and sales. Alcoholic cider, mead, wine and food expositions may
also include activities other than alcoholic cider, mead, wine
and food displays, including arts and crafts, musical
activities, cultural exhibits, agricultural exhibits and farmers
markets.
(4.1) At the discretion of the board, obtain a farmers
market permit. The permit shall entitle the holder to
participate in more than one farmers market at any given time
and an unlimited number throughout the year and sell alcoholic
cider, mead or wine produced under the authority of the
underlying limited winery license by the bottle or in case lots.
Samples not to exceed one fluid once per brand of mead or wine
may be offered free of charge. A farmers market permit shall be
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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 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 wineries 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.
(5) Do either of the following:
(i) 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 winery on the
licensed winery 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.
(ii) Apply for and hold a restaurant liquor license for use
at one of the additional board-approved locations referenced
under clause (3), as long as such location does not serve as an
additional board-approved location for any other manufacturer.
(6) (i) Secure a permit from the board to allow the holder
of a limited winery license to use up to twenty-five per centum
permitted fruit, not wine, in the current year's production.
Each permit is valid only for the calendar year in which it is
issued.
(ii) The fee for a permit to import and use permitted fruit
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shall be in an amount to be determined by the board.
(iii) The purpose of this section is to increase the
productivity of limited wineries while at the same time
protecting the integrity and unique characteristics of wine
produced from fruit primarily grown in this Commonwealth.
Prevailing climatic conditions have a significant impact on the
character of the fruit. Accordingly, "permitted fruit" shall
mean fruit grown or juice derived from fruit grown within three
hundred fifty (350) miles of the winery.
(iv) The department is authorized to promulgate regulations
requiring the filing of periodic reports by limited wineries to
ensure compliance with the provisions of this section.
(6.1) Sell food for consumption on or off the licensed
premises and at the limited winery's additional board-approved
locations and sell by the glass, at the licensed premises and at
the limited winery's additional board-approved locations, wine,
mead and alcoholic ciders that may otherwise be sold by the
bottle. In addition, the holder of a limited winery license may
sell for consumption on the licensed premises and at the limited
winery's additional board-approved locations, liquor produced by
a licensed distillery or limited distillery and malt or brewed
beverages produced by a licensed brewery.
(6.2) Sell wine- or liquor-scented candles acquired or
produced by the limited winery.
(6.3) Sell alcoholic cider, mead, wine and wine coolers only
between the hours of nine o'clock antemeridian and eleven
o'clock postmeridian. A limited winery also may request approval
from the board to extend sales hours in individual locations at
other times during the year or beyond the limits set forth in
this clause. The request shall be made in writing to the board's
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Office of the Chief Counsel and shall detail the exact locations
where sales hours are proposed to be extended, the proposed
hours and dates of extended operation and the reason for the
proposed extended hours.
(6.4) Store alcoholic cider, mead, wine and wine coolers
produced by the limited winery at no more than two (2) board-
approved locations other than the licensed premises and those
premises referenced in clause (3) pertaining to the five (5)
board-approved locations for the sale of wine, with no bottling
or production requirement at those additional locations and
under such conditions and regulations as the board may enforce.
If two (2) or more businesses will operate out of the same
storage facility, the limited winery must designate specific and
distinct areas for its storage. The limited winery's designated
storage area must be secured and no one other than the licensee
and his employees may be allowed access to the storage area. No
board-approved manager will be necessary for the storage
facility. The limited winery must fill out an application for
such an additional board-approved storage location, and such
location shall count as one of the two permitted for each
limited winery. The limited winery is responsible for keeping
only its own complete records. A limited winery may be cited for
a violation of the recordkeeping requirements of sections 512
and 513 pertaining to its own records only.
(b) The total production of alcoholic ciders, mead, wine and
wine coolers by a limited winery may not exceed two hundred
thousand (200,000) gallons per year.
(c) As used in this section:
"Agricultural commodity" shall include any of the following:
agricultural, apicultural, horticultural, silvicultural and
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viticultural commodities.
"Farmers market" shall include any building, structure or
other place:
(1) owned, leased or otherwise in the possession of a
person, municipal corporation or public or private organization;
(2) used or intended to be used by two or more farmers or an
association of farmers, who are certified by the Department of
Agriculture of the Commonwealth to participate in the Farmers'
Market Nutrition Program subject to 7 CFR Pt. 249 (relating to
Senior Farmers' Market Nutrition Program (SFMNP)), for the
purpose of selling agricultural commodities produced in this
Commonwealth directly to consumers;
(3) which is physically located within this Commonwealth;
and
(4) which is not open for business more than twelve hours
each day.
Section 16. Section 802 of the act is amended by adding a
subsection to read:
Section 802. Moneys Paid Into The State Stores Fund for Use
of the Commonwealth.--* * *
(h) All monies collected under sections 416, 432(h) and
470.3 shall be transferred from the State Stores Fund to the
General Fund on a quarterly basis.
Section 17. Repeals are as follows:
(1) The General Assembly finds that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Section 28 of the act of June 8, 2016 (P.L.273,
No.39) entitled "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,
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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', as follows:
In preliminary provisions, further providing for
definitions.
In Pennsylvania Liquor Control Board, further providing
for general powers of board.
In Pennsylvania Liquor Stores, further providing for when
sales may be made at Pennsylvania Liquor Stores and for sales
by Pennsylvania Liquor Stores.
In licenses and regulations, liquor, alcohol and malt and
brewed beverages,
further providing for license districts, license period
and hearings, for issuance, transfer or extension of hotel,
restaurant and club liquor licenses, for sales by liquor
licensees and restrictions, for special occasion permits, for
wine option permits, for liquor importers' licenses, fees,
privileges and restrictions and for interlocking business
prohibited;
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