PRINTER'S NO. 4328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2847
Session of
2020
INTRODUCED BY MASSER, SCHMITT, CAUSER, ECKER, BARRAR, ROWE,
SAINATO, STAATS, COX, SCHLEGEL CULVER AND MILLARD,
SEPTEMBER 1, 2020
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 1, 2020
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
unlawful acts and penalties, further providing for unlawful
acts relative to liquor, malt and brewed beverages and
licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 493(33) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, is 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
provisions of Article IV, unless the context clearly indicates
otherwise.
It shall be unlawful--
* * *
(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. 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. 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. 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. 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. The board shall have the discretion to allow the 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. All servers at the off-premises
20200HB2847PN4328 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
catered function shall be certified under the board's
responsible alcohol management program as required under section
471.1. 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. 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. The fees shall
be paid into the State Stores Fund. During the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of
the proclamation of disaster emergency, the board shall waive
the fee charged to each applicant for the initial permit
associated with a particular license, any limitation on the
number of catered events authorized under the permit and any
limitation on the hours of operation for a catered event under
the permit. 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.
20200HB2847PN4328 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
Section 2. This act shall take effect immediately.
20200HB2847PN4328 - 4 -
1
2