Regular Session 2021-2022 House Bill 0427 P.N. 0939

PRIOR PRINTER'S NO. 404

PRINTER'S NO. 939

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

427

Session of

2021

INTRODUCED BY PYLE, WHEELAND, SCHMITT, JAMES, LEWIS DELROSSO,

HILL-EVANS, CAUSER, COOK, MILLARD, BURGOS, KAUFFMAN, SONNEY,

JOZWIAK, GAYDOS, STAATS, MOUL, DRISCOLL, NEILSON, OBERLANDER

AND STRUZZI, FEBRUARY 8, 2021

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 16, 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

Pennsylvania liquor stores, further providing for sales by

Pennsylvania liquor stores.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 305(b) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, is amended to read:

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

(b) (1) Every Pennsylvania Liquor Store shall sell liquors

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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] fifteen per centum from

the retail price; except that special] order sales to licensees

THE FOLLOWING DISCOUNTS:

(I) EXCEPT AS PROVIDED UNDER PARAGRAPHS (2) AND (3), FOR A

LICENSEE THAT DOES NOT HOLD A WINE EXPANDED PERMIT, A FIFTEEN

PER CENTUM DISCOUNT FROM THE RETAIL PRICE FOR ALL PURCHASES;

(II) EXCEPT AS PROVIDED UNDER PARAGRAPHS (2) AND (3), FOR A

RESTAURANT LICENSEE THAT HOLDS A WINE EXPANDED PERMIT BUT DOES

NOT HAVE AN INTERIOR CONNECTION TO A GROCERY STORE, CONVENIENCE

STORE, DEPARTMENT STORE OR SIMILAR BUSINESS, OR A HOTEL LICENSEE

WITH A WINE EXPANDED PERMIT, REGARDLESS OF ANY INTERIOR

CONNECTIONS, A FIFTEEN PER CENTUM DISCOUNT FROM THE RETAIL PRICE

FOR ALL PURCHASES; AND

(III) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), FOR A

RESTAURANT LICENSEE THAT HOLDS A WINE EXPANDED PERMIT AND HAS AN

INTERIOR CONNECTION TO A GROCERY STORE, CONVENIENCE STORE,

DEPARTMENT STORE OR SIMILAR BUSINESS, A TEN PER CENTUM DISCOUNT

FROM THE RETAIL PRICE FOR ALL PURCHASES.

(2) SPECIAL ORDER SALES TO LICENSEES authorized in

subsection (a) shall not be subject to [the [ten] fifteen per

centum] ANY discount. The board may sell to registered

(3) THE FIFTEEN PER CENTUM DISCOUNTS PROVIDED UNDER

PARAGRAPH (1)(I) AND (II) SHALL REVERT TO A TEN PER CENTUM

DISCOUNT THREE YEARS AFTER THE EXPIRATION OR TERMINATION OF THE

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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 THE STATE OF DISASTER

EMERGENCY.

(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.

(5) FOR PURPOSES OF THIS SUBSECTION, THE TERM "GROCERY

STORE" SHALL MEAN A RETAIL BUSINESS THAT PRIMARILY SELLS A WIDE

VARIETY OF FRESH AND PACKAGED FOODS, BEVERAGES AND OTHER ITEMS

TO BE CONSUMED OR USED OFF OF THE STORE PREMISES; THE TERM

"CONVENIENCE STORE" SHALL MEAN A RETAIL BUSINESS THAT SELLS A

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RANGE OF EVERYDAY ITEMS, INCLUDING COFFEE, GROCERIES, SNACK

FOODS, CONFECTIONERY, SOFT DRINKS, TOBACCO PRODUCTS, OVER-THE-

COUNTER DRUGS, TOILETRIES, GASOLINE AND MAGAZINES; AND THE TERM

"DEPARTMENT STORE" SHALL MEAN A RETAIL ESTABLISHMENT OFFERING A

WIDE RANGE OF CONSUMER GOODS IN DIFFERENT AREAS OF THE STORE AND

WHICH MAY INCLUDE FOOD ITEMS.

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Section 2. This act shall take effect in 60 days.

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