PRINTER'S NO. 1210

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1154

Session of

2021

INTRODUCED BY MASSER, ROTHMAN, T. DAVIS, POLINCHOCK, MILLARD,

KEEFER, COOK AND SCHWEYER, APRIL 12, 2021

REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 12, 2021

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;

consumption during disaster emergency.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "sealed container" in section

102 of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, added May 21, 2020 (P.L.149, No.21), is amended to

read:

Section 102. Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

Section 2. Section 406 of the act is amended by adding a

subsection to read:

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

(j) Notwithstanding any provision of this act, a person

holding and possessing a valid restaurant or hotel liquor

license may sell prepared beverages and mixed drinks for off-

premises consumption where meals prepared for pick-up or

curbside pick-up are also available. The following shall apply:

(1) Except as provided in this paragraph and paragraph (3),

nothing in this section shall affect the ability of a licensee

permit authorized under subsection (a)(3) and section 432(f).

(2) The following licensees are prohibited from selling

prepared beverages and mixed drinks for off-premises consumption

under this section:

(i) A licensee whose underlying license is subject to a

pending objection by the director of the Bureau of Licensing or

the board under section 470(a.1), until the matter is decided.

(4) A licensee selling prepared beverages and mixed drinks

for off-premises consumption shall utilize a transaction scan

device to verify the age of an individual who appears to be

under thirty-five (35) years of age before making a sale of

prepared beverages and mixed drinks for off-premises

consumption. A licensee may not sell or share consumers'

personal data from the use of a transaction scan device,

provided that the licensee may share the data with the

enforcement bureau of the board as evidence that the licensee is

in compliance with this paragraph.

(5) As used in this subsection, the term "transaction scan

Premises Consumption During Disaster Emergency.--(a) The

following shall apply:

(1) Notwithstanding any provision of this act, a person

holding and possessing a valid restaurant or hotel liquor

license that lost more than twenty-five per centum (25%) of the

person's average monthly total sales, including alcohol sales,

as a result of restrictions imposed during the COVID-19 disaster

by this act, provided, however, that no sales of prepared

beverages and mixed drinks for off-premises consumption shall

take place after eleven o'clock postmeridian of any day until

the licensee's permitted hours of operation under section 406 of

the next day, including Sundays if the licensee has a permit

authorized under sections 406(a)(3) and 432(f).

(3) The following licensees are prohibited from selling

prepared beverages and mixed drinks for off-premises consumption

under this section:

(i) A licensee whose underlying license is subject to a

pending objection by the director of the Bureau of Licensing or

not be subject to section 493(14).

(5) Within sixty (60) days of the effective date of this

section, a licensee selling prepared beverages and mixed drinks

for off-premises consumption shall begin utilizing a transaction

scan device to verify the age of an individual who appears to be

under thirty-five (35) years of age before making a sale of

prepared beverages and mixed drinks for off-premises

for off-premises consumption shall prominently post a warning

sign in a manner that puts consumers on notice of the

restrictions on alcoholic beverages under 75 Pa.C.S. § 3809

(relating to restriction on alcoholic beverages), and that the

prepared beverages and mixed drinks packaged for sale by the

licensee are open containers and may only be transported by the

driver of a motor vehicle in the vehicle's trunk or in some

other area of the vehicle that is not occupied by the driver or

passengers.

(b) Notwithstanding any other provision of this section or

provision of law to the contrary, a licensee selling prepared

to sell prepared beverages and mixed drinks under this section.

The licensee shall notify the board in writing advising it 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. The sales may only occur during the COVID-19

disaster emergency and during the mitigation period after the

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.

"Licensee" shall mean a person holding and possessing a valid

restaurant or hotel liquor license authorized to sell prepared

beverages or mixed drinks for off-premise consumption under

subsection (a)(1).

"Transaction scan device" shall mean a device capable of

deciphering, in an electronically readable format, the

information encoded on the magnetic strip, chip or bar code of

an identification card under section 495(a).]

Section 4. This act shall take effect immediately.