Regular Session 2021-2022 House Bill 0425 P.N. 1495

SENATE AMENDED

PRIOR PRINTER'S NOS. 402, 938, 1371

PRINTER'S NO. 1495

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

425

Session of

2021

INTRODUCED BY DOWLING, PICKETT, ROTHMAN, MILLARD, JAMES, KEEFER,

KAUFFMAN, CIRESI, WEBSTER, SANKEY AND ARMANINI,

FEBRUARY 8, 2021

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, MAY 11, 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 sales by liquor

licensees and restrictions AND FOR PREPARED BEVERAGES AND

MIXED DRINKS FOR OFF-PREMISES CONSUMPTION DURING DISASTER

EMERGENCY AND PROVIDING FOR SAFEKEEPING DURING 2020 DISASTER

EMERGENCY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 406 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, is amended by adding a

subsection to read:

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Section 406. Sales by Liquor Licensees; Restrictions.--* * *

(j) Liquor and wine in the possession of a licensee at the

time the licensed business closes permanently may be sold to

another licensee qualified to sell such products. The licensee

shall notify the board in writing advising the board of the name

of the licensee and identifying any product sold to that

licensee, as well as the description of the liquor, including

brand names, sizes and numbers of containers sold to another

licensee.

SECTION 1.1. THE HEADING OF SECTION 417 OF THE ACT, ADDED

MAY 21, 2020 (P.L.149, NO.21), IS AMENDED AND THE SECTION IS

AMENDED BY ADDING SUBSECTIONS TO READ:

SECTION 417. [PREPARED BEVERAGES AND MIXED DRINKS FOR OFF-

PREMISES CONSUMPTION DURING] COVID-19 DISASTER EMERGENCY.--* * *

(A.1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE

FOLLOWING SHALL APPLY TO THE TEMPORARY EXTENSION OF THE LICENSED

PREMISES:

(1) UPON RECEIPT OF A REQUEST FROM A LICENSED CLUB, CATERING

CLUB, RESTAURANT, RETAIL DISPENSER, HOTEL, LIMITED DISTILLERY,

DISTILLERY, BREWERY OR LIMITED WINERY, THE BOARD MAY TEMPORARILY

EXTEND THE LICENSED PREMISES OF THE APPLICANT TO INCLUDE ANY

OUTSIDE SERVING AREA THAT IS:

(I) IMMEDIATELY ADJACENT TO THE EXISTING LICENSED AREAS; OR

(II) WITHIN ONE THOUSAND FEET OF THE MAIN LICENSED BUILDING,

NOTWITHSTANDING THAT THE AREA TO BE TEMPORARILY LICENSED AND THE

MAIN LICENSED BUILDING ARE SEPARATED BY A PUBLIC THOROUGHFARE.

(2) THE BOARD SHALL GRANT IMMEDIATE OPERATING AUTHORITY TO

THE APPLICANT TO USE THE OUTSIDE AREA SUBJECT TO THE REQUEST

WHILE THE BOARD PROCESSES THE REQUEST.

(3) THE OPERATING AUTHORITY UNDER THIS SUBSECTION SHALL BE

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TERMINATED IF:

(I) A VALID PROTEST IS RECEIVED; OR

(II) THE BOARD DETERMINES THAT THE PROPOSED AREA DOES NOT

MEET THE REQUIREMENTS OF THIS ACT AND BOARD REGULATIONS FOR THE

LICENSING OF THE AREA IN QUESTION.

(4) A FILING FEE MAY NOT BE REQUIRED FROM AN APPLICANT UNDER

THIS SUBSECTION.

(5) THE BOARD MAY REQUIRE THE APPLICANT TO PROVIDE ANY

INFORMATION THAT THE BOARD DEEMS RELEVANT.

(A.2) THE FOLLOWING SHALL APPLY TO THE ISSUANCE OF OFF-

PREMISES CATERING PERMITS:

(1) THE BOARD MAY AUTHORIZE AN UNLIMITED NUMBER OF OFF-

PREMISES CATERED FUNCTIONS TO ENTITIES THAT QUALIFY FOR THE

PERMITS UNDER THIS ACT.

(2) AN APPLICATION FEE MAY NOT BE REQUIRED FROM AN ENTITY

REQUESTING A CATERING PERMIT UNDER THIS SUBSECTION.

(3) AN APPLICATION FOR A CATERING PERMIT UNDER THIS

SUBSECTION SHALL NOT NEED TO BE SUBMITTED PRIOR TO MARCH 1 OF

THAT CALENDAR YEAR.

(4) A FIVE-HOUR LIMIT ON CATERED FUNCTIONS SHALL NOT APPLY

TO A CATERING PERMIT UNDER THIS SUBSECTION. EXCEPT FOR ANY

REQUIREMENT UNDER THIS ACT FOR A CATERED FUNCTION NOT

SPECIFICALLY WAIVED UNDER THIS SUBSECTION, EACH REQUIREMENT FOR

A CATERED FUNCTION SHALL APPLY.

(5) THE AUTHORITY TO OPERATE ON A TEMPORARILY EXTENDED

LICENSED PREMISES SHALL EXPIRE DECEMBER 31, 2022.

(5) EACH REQUIREMENT UNDER THIS ACT APPLICABLE TO A CATERED

FUNCTION THAT IS NOT SPECIFICALLY WAIVED UNDER THIS SUBSECTION

SHALL APPLY.

(A.3) SUBSECTIONS (A.1) AND (A.2) SHALL EXPIRE DECEMBER 31,

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2022.

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SECTION 1.2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 462.1. SAFEKEEPING DURING 2020 DISASTER EMERGENCY.--

IN ADDITION TO THE AUTHORITY UNDER SECTION 462 AND

NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE BOARD MAY

DO ANY OF THE FOLLOWING 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:

(1) PROVIDE AN ADDITIONAL YEAR OF SAFEKEEPING FOR A CLUB OR

CATERING CLUB LICENSE THAT WAS IN SAFEKEEPING DURING THE

PROCLAMATION OF DISASTER EMERGENCY. A LICENSE UNDER THIS

PARAGRAPH MAY NOT BE SUBJECT TO A RENEWAL, VALIDATION OR LATE

FEE THAT WOULD BE DUE DURING THE ADDITIONAL YEAR, EXCEPT THAT

THE LICENSEE MUST FILE A RENEWAL OR VALIDATION THAT BECOMES DUE.

AN ADDITIONAL YEAR OF SAFEKEEPING UNDER THIS PARAGRAPH SHALL

START ON THE DATE OF A RENEWAL OR VALIDATION OF THE LICENSE THAT

OCCURS AFTER DECEMBER 31, 2021, AND SHALL BE IN ADDITION TO THE

TWO YEARS AUTHORIZED UNDER SECTION 474.

(2) PROVIDE AN ADDITIONAL YEAR OF SAFEKEEPING FOR A

RESTAURANT, EATING PLACE RETAIL DISPENSER, HOTEL, IMPORTING

DISTRIBUTOR AND DISTRIBUTOR LICENSE THAT WAS IN SAFEKEEPING

DURING THE PROCLAMATION OF DISASTER EMERGENCY. A LICENSE UNDER

THIS PARAGRAPH MAY NOT BE SUBJECT TO A RENEWAL, VALIDATION, LATE

OR SAFEKEEPING FEE THAT WOULD BE DUE DURING THE ADDITIONAL YEAR,

EXCEPT THAT THE LICENSEE MUST FILE A RENEWAL OR VALIDATION THAT

BECOMES DUE. AN ADDITIONAL YEAR OF SAFEKEEPING UNDER THIS

PARAGRAPH SHALL START ON THE DATE OF A RENEWAL OR VALIDATION OF

THE LICENSE THAT OCCURS AFTER DECEMBER 31, 2021.

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Section 2. This act shall take effect immediately.

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