Regular Session 2021-2022 House Bill 0452 P.N. 0940

PRIOR PRINTER'S NO. 413

PRINTER'S NO. 940

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

452

Session of

2021

INTRODUCED BY DEASY, ISAACSON, HOHENSTEIN, HILL-EVANS, SANCHEZ,

FREEMAN, McNEILL, ZABEL, A. DAVIS, D. WILLIAMS, SNYDER,

LONGIETTI, T. DAVIS, DRISCOLL, KIRKLAND, HOWARD, NEILSON,

GALLOWAY, CIRESI, WEBSTER, O'MARA, MALAGARI, SCHWEYER,

SAINATO, PISCIOTTANO AND GUZMAN, FEBRUARY 9, 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

licenses and regulations and liquor, alcohol and malt and

brewed beverages, further providing for licensed places may

be closed during period of emergency AND PROVIDING FOR

SAFEKEEPING DURING 2020 DISASTER EMERGENCY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 462 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, is amended to read:

Section 462. Licensed Places May Be Closed During Period of

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

Governor[,];

[(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

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) Notwithstanding any other provision of this act, in

addition to the authority specified in subsection (a), 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 :

(1) THE following shall apply TO THE TEMPORARY EXTENSION OF

LICENSED PREMISES :

(1) (I) 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) (A) immediately adjacent to the existing licensed areas;

(ii) (B) within one thousand feet of the main licensed

building, notwithstanding the fact that the area to be

temporarily licensed and the main licensed building are

separated by a public thoroughfare.

(2) (II) The board shall grant immediate operating authority

to the applicant to use the outside area subject to the request

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while the board processes the request.

(3) (III) The operating authority shall expire at the

earliest of any of the following:

(i) (A) A valid protest is received.

(ii) (B) 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.

(iii) (C) The state of disaster emergency is terminated or

expires under 35 Pa.C.S. § 7301(c) (relating to general

authority of Governor).

(4) (IV) No filing fee shall be required from the applicant.

(5) (V) The board may require the applicant to provide any

information that the board deems relevant.

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

PREMISES CATERING PERMITS:

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

PREMISES CATERED FUNCTIONS TO ENTITIES THAT QUALIFY FOR THE

PERMITS UNDER THIS ACT.

(II) NO APPLICATION FEE SHALL BE REQUIRED FROM AN ENTITY

REQUESTING A CATERING PERMIT UNDER THIS PARAGRAPH.

(III) AN APPLICATION FOR A CATERING PERMIT UNDER THIS

PARAGRAPH DOES NOT NEED TO BE SUBMITTED PRIOR TO MARCH 1 OF THAT

CALENDAR YEAR.

(IV) THE FIVE-HOUR LIMIT ON CATERED FUNCTIONS SHALL NOT

APPLY TO A CATERING PERMIT UNDER THIS PARAGRAPH, BUT ALL THE

OTHER REQUIREMENTS FOR CATERED FUNCTIONS NOT SPECIFICALLY WAIVED

UNDER THIS SUBSECTION SHALL CONTINUE TO APPLY.

(V) THE AUTHORITY OF THE BOARD TO ISSUE PERMITS UNDER THIS

PARAGRAPH AND THE AUTHORITY TO HOLD A CATERED FUNCTION PURSUANT

TO A PERMIT UNDER THIS PARAGRAPH SHALL EXPIRE ONE YEAR AFTER THE

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TERMINATION OR EXPIRATION OF THE STATE OF DISASTER EMERGENCY

UNDER 35 PA.C.S. § 7301(C).

SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 462.1. SAFEKEEPING DURING 2020 DISASTER EMERGENCY.--

IN ADDITION TO THE AUTHORITY PROVIDED BY SECTION 462 AND

NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT TO THE CONTRARY,

THE BOARD SHALL BE AUTHORIZED TO ENGAGE IN 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) THE BOARD SHALL PROVIDE ANY CLUB OR CATERING CLUB

LICENSE THAT WAS IN SAFEKEEPING AT ANY TIME DURING THE DISASTER

EMERGENCY, AN ADDITIONAL YEAR OF SAFEKEEPING. THE LICENSE SHALL

NOT BE SUBJECT TO ANY RENEWAL, VALIDATION OR LATE FEES THAT

WOULD OTHERWISE BE DUE DURING THIS ADDITIONAL YEAR, BUT THE

LICENSEE SHALL OTHERWISE FILE ANY RENEWAL OR VALIDATION THAT

BECOMES DUE. THE ADDITIONAL YEAR OF SAFEKEEPING SHALL START ON

THE DATE OF A RENEWAL OR VALIDATION OF THE LICENSE THAT OCCURS

ON OR AFTER JANUARY 1, 2022. THE ADDITIONAL YEAR OF SAFEKEEPING

IS IN ADDITION TO THE TWO YEARS AUTHORIZED UNDER SECTION 474.

(2) THE BOARD SHALL PROVIDE ANY RESTAURANT, EATING PLACE

RETAIL DISPENSER, HOTEL, IMPORTING DISTRIBUTOR AND DISTRIBUTOR

LICENSE THAT WAS IN SAFEKEEPING AT ANY TIME DURING THE DISASTER

EMERGENCY DECLARATION, AN ADDITIONAL YEAR OF SAFEKEEPING. THE

LICENSE SHALL NOT BE SUBJECT TO ANY RENEWAL, VALIDATION, LATE OR

SAFEKEEPING FEES THAT WOULD OTHERWISE BE DUE DURING THIS

ADDITIONAL YEAR, BUT THE LICENSEE SHALL OTHERWISE FILE ANY

RENEWAL OR VALIDATION THAT BECOMES DUE. THE ADDITIONAL YEAR OF

SAFEKEEPING SHALL START ON THE DATE OF A RENEWAL OR VALIDATION

OF THE LICENSE THAT OCCURS ON OR AFTER JANUARY 1, 2022.

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Section 2 3. This act shall take effect immediately.

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