SENATE AMENDED
PRIOR PRINTER'S NOS. 1073, 1329
PRINTER'S NO. 2176
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
947
Session of
2019
INTRODUCED BY SCHWEYER, FREEMAN, OTTEN, HILL-EVANS, SCHLOSSBERG,
MADDEN, KULIK, DEASY, RAVENSTAHL, MALAGARI, KORTZ, KENYATTA,
ZABEL, DELLOSO AND DONATUCCI, MARCH 25, 2019
SENATOR STEFANO, LAW AND JUSTICE, IN SENATE, AS AMENDED,
JUNE 18, 2019
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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
licenses and regulations, liquor, alcohol and malt and brewed
beverages, further providing for SALES BY LIQUOR LICENSEES
AND RESTRICTIONS, FOR PERFORMING ARTS FACILITY LICENSE AND
FOR hours of operation relative to manufacturers, importing
distributors and distributors; and, 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. Sections 492.1(a) and 505.4(b)(1) and (5) and (c)
of the act of April 12, 1951 (P.L.90, No.21), known as the
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Liquor Code, are amended to read:
SECTION 1. SECTIONS 406(D), 413(F)(1), 492.1(A) AND 505.4(B)
(1) AND (5) AND (C) OF THE ACT OF APRIL 12, 1951 (P.L.90,
NO.21), KNOWN AS THE LIQUOR CODE, ARE AMENDED TO READ:
SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--* * *
(D) SUBJECT TO SECTION 412, LICENSED PUBLIC VENUES MAY SELL
LIQUOR AND MALT OR BREWED BEVERAGES ON SUNDAYS FROM ELEVEN
O'CLOCK ANTEMERIDIAN UNTIL MIDNIGHT WITHOUT THE NEED TO ACQUIRE
OR QUALIFY FOR A SPECIAL PERMIT. IN ADDITION, SUBJECT TO SECTION
413, LICENSED PERFORMING ARTS FACILITIES MAY SELL LIQUOR AND
MALT OR BREWED BEVERAGES ON SUNDAYS FROM [ONE O'CLOCK
POSTMERIDIAN] TEN O'CLOCK ANTEMERIDIAN UNTIL TEN O'CLOCK
POSTMERIDIAN WITHOUT THE NEED TO ACQUIRE OR QUALIFY FOR A
SPECIAL PERMIT.
* * *
SECTION 413. PERFORMING ARTS FACILITY LICENSE.--* * *
(F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED
RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL
RESTRICTIONS AND PRIVILEGES APPLY:
(1) SALES OF LIQUOR AND MALT OR BREWED BEVERAGES MAY BE MADE
TWO HOURS BEFORE, DURING AND ONE HOUR AFTER ANY PERFORMANCE AT
THE FACILITY; HOWEVER, SALES MAY NOT BE MADE FROM TWO O'CLOCK
ANTEMERIDIAN TO SEVEN O'CLOCK ANTEMERIDIAN. IN ADDITION, SALES
MAY NOT OCCUR PRIOR TO [ONE O'CLOCK POSTMERIDIAN] TEN O'CLOCK
ANTEMERIDIAN OR AFTER TEN O'CLOCK POSTMERIDIAN ON SUNDAYS.
HOWEVER, FACILITIES THAT HAD BEEN LICENSED UNDER FORMER SECTION
408.3(A) AND 408.3(A.2) MAY SELL LIQUOR AND MALT OR BREWED
BEVERAGES ANYTIME EXCEPT FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN
O'CLOCK ANTEMERIDIAN OR PRIOR TO ONE O'CLOCK POSTMERIDIAN OR
AFTER TEN O'CLOCK POSTMERIDIAN ON SUNDAYS, REGARDLESS OF WHETHER
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THERE IS A PERFORMANCE AT THE FACILITY.
* * *
Section 492.1. Hours of Operation Relative to Manufacturers,
Importing Distributors and Distributors.--(a) (1)
Manufacturers may sell or deliver malt or brewed beverages
between two o'clock antemeridian of any Monday and twelve
o'clock midnight of the following Saturday.
(2) Notwithstanding any other provision of law,
manufacturers may sell malt and brewed beverages and alcohol
subject to section 446(a)(2) for on-premises consumption between
the hours of nine o'clock antemeridian and twelve o'clock
antemeridian Monday through Saturday and Sunday between the
hours of nine o'clock antemeridian and eleven o'clock
postmeridian.
* * *
Section 505.4. Distilleries.--* * *
(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 one hundred thousand (100,000)
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 the public between the hours of nine o'clock
antemeridian and [eleven o'clock postmeridian] twelve o'clock
antemeridian Monday through Saturday and Sunday between the
hours of nine o'clock antemeridian through eleven o'clock
postmeridian so long as a specific code of 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
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by the board and under such conditions and regulations as the
board may enforce. The holder of a limited distillery license
may not sell a product or a substantially similar product which
is listed for sale as a stock item by the board in State Liquor
Stores to a licensee at a price which is lower than that charged
by the board and under such conditions and regulations as the
board may enforce. The holder of a limited distillery license
may also sell wine and alcoholic cider produced by a licensed
limited winery, liquor produced by a licensed distillery or
limited distillery and malt or brewed beverages produced by a
licensed brewery for on-premises consumption. The combined sales
of wine, malt or brewed beverages and liquor produced by another
licensed distillery or limited distillery may not, on a yearly
basis, exceed fifty per centum of the on-premises sales of the
limited distillery's own sales of liquor for the preceding
calendar year: however, if a limited distillery did not operate
for an entire calendar year during the preceding year, then its
combined sales of wine, malt or brewed beverages and liquor
produced by another licensed distillery or limited distillery
may not, on a yearly basis, exceed fifty per centum of the on-
premises sales of the limited distillery's own liquor for that
year.
* * *
(5) The holder of a limited distillery license may provide
tasting samples of liquor that in total do not exceed one and
one-half (1.5) fluid ounces per person 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 [eleven o'clock
postmeridian] twelve o'clock antemeridian Monday through
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Saturday and Sunday between the hours of nine o'clock
antemeridian through eleven o'clock postmeridian.
* * *
(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
[eleven o'clock postmeridian] twelve o'clock antemeridian Monday
through Saturday and Sunday between the hours of nine o'clock
antemeridian through eleven o'clock postmeridian so long as a
specific code of 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. The holder
of a distillery license may not sell a product or a
substantially similar product which is listed for sale as a
stock item by the board in State Liquor Stores to a licensee at
a price which is lower than that charged by the board and under
such conditions and regulations as the board may enforce. The
holder of a distillery license may also sell its liquor, wine
and alcoholic cider produced by a licensed limited winery,
liquor produced by a licensed distillery or limited distillery
and malt or brewed beverages produced by a licensed brewery for
on-premises consumption. The combined sales of wine, malt or
brewed beverages and liquor produced by another licensed
distillery or limited distillery may not, on a yearly basis,
exceed fifty per centum of the on-premises sales of the
distillery's own sales of liquor for the preceding calendar
year: however, if a distillery did not operate for an entire
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calendar year during the preceding year, then its combined sales
of wine, malt or brewed beverages and liquor produced by another
licensed distillery or limited distillery may not, on a yearly
basis, exceed fifty per centum of the on-premises sales of the
distillery's own liquor for that year.
(2) The holder of a distillery license as issued under
section 505 may provide tasting samples of liquor that in total
do not exceed one and one-half (1.5) fluid ounces. Samples may
be sold or provided free of charge between the hours of nine
o'clock antemeridian and [eleven o'clock postmeridian] twelve
o'clock antemeridian Monday through Saturday and Sunday between
the hours of nine o'clock antemeridian through eleven o'clock
postmeridian.
Section 2. This act shall take effect in 60 days.
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