Regular Session 2019-2020 Senate Bill 1308 P.N. 1991

PRINTER'S NO. 1991

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1308

Session of

2020

INTRODUCED BY IOVINO, BREWSTER, HUGHES, BOSCOLA, FARNESE,

COLLETT, FONTANA, KEARNEY, COSTA, MENSCH, SANTARSIERO AND

MUTH, SEPTEMBER 18, 2020

REFERRED TO LAW AND JUSTICE, SEPTEMBER 18, 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

Pennsylvania liquor stores, further providing for sales by

Pennsylvania liquor stores; and, in licenses and regulations

and liquor and alcohol and malt and brewed beverages, further

providing for licensed places may be closed during period of

emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 305(b) and 462 of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, are amended to

read:

Section 305. Sales by Pennsylvania Liquor Stores.--* * *

(b) The following apply:

(1) Every Pennsylvania Liquor Store shall sell liquors at

wholesale to hotels, restaurants, clubs, and railroad, pullman

and steamship companies licensed under this act; and, under the

regulations of the board, to pharmacists duly licensed and

registered under the laws of the Commonwealth, and to

manufacturing pharmacists, and to reputable hospitals approved

by the board, or chemists. Sales to licensees shall be made at a

price that includes a discount [of ten per centum from the

retail price; except that special order sales to licensees

authorized in subsection (a) shall not be subject to the ten per

centum discount.] as follows:

(i) Fifteen per centum for purchases made after the

effective date of this subparagraph and no later than September

30, 2021.

(ii) Thirteen and three-quarters per centum for purchases

made between October 1, 2021, and December 31, 2021.

(iii) Twelve and one-half per centum for purchases made

between January 1, 2022, and March 31, 2022.

(iv) Eleven and one-quarter per centum for purchases made

between April 1, 2022, and June 30, 2022.

(v) Except as provided under paragraph (2), ten per centum

for purchases made on or after July 1, 2022.

(2) The discount provided under paragraph (1)(i), (ii) and

(iii) shall not apply to a wine expanded permit holder who has

an interior connection to another business that operates within

a building that is more than eleven thousand square feet in

size. A wine expanded permit holder described under this

paragraph shall only receive a discount of ten per centum.

(3) Special order sales to licensees authorized in section

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305(a) shall not be subject to the discount under paragraph (1).

(4) The board may sell to registered pharmacists only such

liquors as conform to the Pharmacopoeia of the United States,

the National Formulary, or the American Homeopathic

Pharmacopoeia. The board may sell at special prices under the

regulations of the board, to United States Armed Forces

facilities which are located on United States Armed Forces

installations and are conducted pursuant to the authority and

regulations of the United States Armed Forces. All other sales

by such stores shall be at retail, except that incentives, such

as coupons or discounts on certain products, may be offered to

unlicensed customers of the board as provided under sections

207(m) and 493(24)(ii)(B). A person entitled to purchase liquor

at wholesale prices may purchase the liquor at any Pennsylvania

Liquor Store upon tendering cash, check or credit card for the

full amount of the purchase. For this purpose, the board shall

issue a discount card to each licensee identifying such licensee

as a person authorized to purchase liquor at wholesale prices.

Such discount card shall be retained by the licensee. The board

may contract through the Commonwealth bidding process for

delivery to wholesale licensees at the expense of the licensee

receiving the delivery.

* * *

Section 462. Licensed Places May Be Closed During Period of

Emergency.--(a) The board may, with the approval of the

Governor, take any of the following actions:

[(a)] (1) Temporarily close all licensed places within any

municipality during any period of emergency proclaimed to be

such by the Governor.

[(b)] (2) Advance by one hour the hours prescribed in this

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act as the hours during which liquor and malt or brewed

beverages may be sold in any municipality during such part of

the year when daylight saving time may be observed generally in

such municipality.

(b) In addition to the board's authority provided under

subsection (a) and notwithstanding any other provision of this

act to the contrary, 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 state of

disaster emergency, the following apply:

(1) The board shall provide any restaurant, eating place,

retail dispenser, hotel, club or catering club licensee that

lost at least thirty per centum of the licensee's aggregate

sales of food and alcohol during the state of disaster emergency

an additional one year of licensure. The additional one year of

licensure shall take effect upon the first renewal or validation

of the licensee's license after the effective date of this

paragraph. The licensee's license shall not be subject to any

renewal, validation or late fees for the additional one year of

licensure, except the licensee shall file any renewal or

validation of the license otherwise due. For purposes of this

paragraph, a licensee shall compare the licensee's sales of food

and alcohol from March 16, 2020, through July 31, 2020, to the

licensee's sales of food and alcohol from March 16, 2019,

through July 31, 2019, to determine whether the licensee has

lost at least thirty per centum of the licensee's aggregate

sales of food and alcohol during the state of disaster

emergency.

(2) The board may issue off-premises catering permits to

entities that qualify for permits under this act without payment

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of a fee. The March 1 application deadline for an off-premises

catering permit under section 493(33) shall not apply to an off-

premises catering permit issued under this paragraph. Any other

requirements for an off-premises catering permit under this act

shall continue to apply during the state of disaster emergency.

Section 2. This act shall take effect immediately.

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