Regular Session 2021-2022 House Bill 0287 P.N. 0263

PRINTER'S NO. 263

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

287

Session of

2021

INTRODUCED BY O'NEAL, PYLE, ROTHMAN, DAVANZO, HILL-EVANS,

McNEILL, JAMES, WARNER, MOUL, SANKEY AND ROWE,

JANUARY 27, 2021

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 27, 2021

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 and liquor, alcohol and malt and

brewed beverages, further providing for authority to issue

liquor licenses to hotels, restaurants and clubs, for sales

by liquor licensees and restrictions, for sale of malt or

brewed beverages by liquor licensees, for retail dispensers'

restrictions on purchases and sales, for unlawful acts

relative to malt or brewed beverages and licensees and for

premises to be vacated by patrons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 401(a) and 406(a)(4) of the act of April

12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended

to read:

Section 401. Authority to Issue Liquor Licenses to Hotels,

Restaurants and Clubs.--(a) Subject to the provisions of this

act and regulations promulgated under this act, the board shall

have authority to issue a retail liquor license for any premises

kept or operated by a hotel, restaurant or club and specified in

the license entitling the hotel, restaurant or club to purchase

liquor from a Pennsylvania Liquor Store and to keep on the

premises such liquor and, subject to the provisions of this act

and the regulations made thereunder, to sell the same and also

malt or brewed beverages to guests, patrons or members for

consumption on the hotel, restaurant or club premises. Such

licensees[, other than clubs,] shall be permitted to sell malt

or brewed beverages for consumption off the premises where sold

in quantities of not more than one hundred ninety-two fluid

ounces in a single sale to one person as provided for in section

407. Such licenses shall be known as hotel liquor licenses,

restaurant liquor licenses and club liquor licenses,

respectively. No person who holds any public office that

involves the duty to enforce any of the penal laws of the United

States, this Commonwealth or of any political subdivision of

this Commonwealth may have any interest in a hotel or restaurant

liquor license. This prohibition applies to anyone with arrest

authority, including, but not limited to, United States

attorneys, State attorneys general, district attorneys, sheriffs

and police officers. This prohibition shall also apply to

magisterial district judges, judges or any other individuals who

can impose a criminal sentence. This prohibition does not apply

to members of the General Assembly, township supervisors, city

councilpersons, mayors without arrest authority and any other

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public official who does not have the ability to arrest or the

ability to impose a criminal sentence. This section does not

apply if the proposed premises are located outside the

jurisdiction of the individual in question.

* * *

Section 406. Sales by Liquor Licensees; Restrictions.--(a)

* * *

(4) (i) Hotel and restaurant liquor licensees, municipal

golf course restaurant liquor licensees and privately-owned

public golf course restaurant licensees which do not qualify for

and purchase such special permit, their servants, agents or

employes may sell liquor and malt or brewed beverages only after

seven o'clock antemeridian of any day and until two o'clock

antemeridian of the following day, and shall not sell after two

o'clock antemeridian on Sunday. No club licensee or its

servants, agents or employes may sell liquor or malt or brewed

beverages between the hours of three o'clock antemeridian and

seven o'clock antemeridian on any day. No public service liquor

licensee or its servants, agents, or employes may sell liquor or

malt or brewed beverages between the hours of two o'clock

antemeridian and seven o'clock antemeridian on any day.

(ii) No club licensee or its servants, agents or employes

may sell malt or brewed beverages for off-premises consumption

between the hours of two o'clock antemeridian and seven o'clock

antemeridian on any day.

* * *

Section 2. Sections 407(a)(1) and 442(a)(1)(i) of the act,

amended June 5, 2020 (P.L.213, No.29), are amended to read:

Section 407. Sale of Malt or Brewed Beverages by Liquor

Licensees.--(a) (1) Every liquor license issued to a hotel,

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restaurant, club, or a railroad, pullman or steamship company

under this subdivision (A) for the sale of liquor shall

authorize the licensee to sell malt or brewed beverages at the

same places but subject to the same restrictions and penalties

as apply to sales of liquor, except that licensees [other than

clubs] may sell malt or brewed beverages for consumption off the

premises where sold in quantities of not more than one hundred

ninety-two fluid ounces in a single sale to one person. The

sales may be made in either open or closed containers, Provided,

however, That a municipality may adopt an ordinance restricting

open containers in public places. No licensee under this

subdivision (A) shall at the same time be the holder of any

other class of license, except a retail dispenser's license

authorizing the sale of malt or brewed beverages only. Sales of

malt or brewed beverages must occur on the licensed premises.

* * *

Section 442. Retail Dispensers' Restrictions on Purchases

and Sales.--(a) (1) (i) No retail dispenser shall purchase or

receive any malt or brewed beverages except in original

containers as prepared for the market by the manufacturer at the

place of manufacture. The retail dispenser may thereafter break

the bulk upon the licensed premises and sell or dispense the

same for consumption on or off the premises so licensed. No

retail dispenser may sell malt or brewed beverages for

consumption off the premises in quantities in excess of one

hundred ninety-two fluid ounces. Sales may be made in open or

closed containers, Provided, however, That a municipality may

adopt an ordinance restricting open containers in public places.

No club licensee may sell any malt or brewed beverages for

consumption off the premises [where sold or] to persons not

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members of the club. Sales of malt or brewed beverages must

occur on the licensed premises.

* * *

Section 3. Sections 492(7) and 499(a.1)(4) of the act are

amended to read:

Section 492. Unlawful Acts Relative to Malt or Brewed

Beverages and Licensees.--

It shall be unlawful--

* * *

(7) (i) Clubs Selling Between Three O'Clock Antemeridian

and Seven O'Clock Antemeridian. For any club retail dispenser,

or its servants, agents or employes, to sell malt or brewed

beverages between the hours of three o'clock antemeridian and

seven o'clock antemeridian on any day.

(ii) Clubs Selling Malt or Brewed Beverages for Off-Premises

Consumption between Two O'Clock Antemeridian and Seven O'Clock

Antemeridian. For any club retail dispenser or its servants,

agents or employes, to sell malt or brewed beverages for off-

premises consumption between the hours of two o'clock

antemeridian and seven o'clock antemeridian on any day.

* * *

Section 499. Premises to be Vacated by Patrons.--* * *

(a.1) Subsection (a) shall not apply to sales of malt and

brewed beverages for consumption off the premises when the

following conditions are met:

* * *

(4) no club licensee may sell any malt or brewed beverage

for consumption off the premises [where sold or] to any persons

who are not members of the club.

* * *

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Section 4. This act shall take effect in 30 days.

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