Regular Session 2021-2022 House Bill 1154 P.N. 1421

PRIOR PRINTER'S NO. 1210

PRINTER'S NO. 1421

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1154

Session of

2021

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

KEEFER, COOK, SCHWEYER AND ROWE, APRIL 12, 2021

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 4, 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

preliminary provisions, further providing for definitions;

and, in licenses and regulations and liquor, alcohol and malt

and brewed beverages, further providing for sales by liquor

licensees and restrictions and repealing provisions related

to prepared beverages and mixed drinks for off-premises

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

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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:

* * *

"Sealed container" shall mean a packaged container with a

secure lid or cap designed to prevent consumption without

removal of the lid or cap. [A lid with sipping holes or opening

for straws must be covered or affixed with an additional seal

before sale.]

* * *

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

subsection to read:

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:

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

to operate within the scope of the licensee's current license as

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

prepared beverages and mixed drinks for off-premises consumption

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

until the licensee's permitted hours of operation under this

section of the next day, including Sundays if the licensee has a

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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.

(ii) A licensee whose underlying license has been suspended

under section 1799.6-E of the act of April 9, 1929 (P.L.343,

No.176), known as "The Fiscal Code."

(III) A LICENSEE THAT HAS AN INTERIOR CONNECTION TO A

GROCERY STORE, CONVENIENCE STORE OR DEPARTMENT STORE.

(3) For purposes of selling prepared beverages and mixed

drinks for off-premises consumption, a licensed premises shall

not be subject to section 493(14).

(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

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).

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(5) A LICENSEE SELLING PREPARED BEVERAGES OR MIXED DRINKS

FOR OFF-PREMISES CONSUMPTION SHALL PROMINENTLY POST A WARNING

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.

(6) A PREPARED BEVERAGE OR MIXED DRINK FOR OFF PREMISE

CONSUMPTION MUST BE AFFIXED WITH A LABEL IDENTIFYING THAT THE

PRODUCT CONTAINS ALCOHOL.

(7) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND

PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS PARAGRAPH

UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"CONVENIENCE STORE." A RETAIL BUSINESS THAT SELLS A RANGE OF

EVERYDAY ITEMS, INCLUDING COFFEE, GROCERIES, SNACK FOODS,

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

DRUGS, TOILETRIES, GASOLINE AND MAGAZINES.

"DEPARTMENT STORE." A RETAIL ESTABLISHMENT OFFERING A WIDE

RANGE OF CONSUMER GOODS IN DIFFERENT AREAS OF THE STORE, WHICH

MAY INCLUDE FOOD ITEMS.

"GROCERY STORE." 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.

"TRANSACTION SCAN DEVICE." 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).

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Section 3 2. Section 417 of the act is repealed:

[Section 417. Prepared Beverages and Mixed Drinks for Off-

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

emergency, may sell prepared beverages and mixed drinks for off-

premises consumption where meals prepared for pickup or curbside

pickup are also available.

(2) Except as provided in this paragraph and paragraph (4),

nothing in this section shall affect the ability of a licensee

to operate within the scope of its current license as authorized

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

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

(ii) A licensee whose underlying license has been suspended

under section 1799.6-E of the act of April 9, 1929 (P.L.343,

No.176), known as "The Fiscal Code."

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(4) For purposes of selling prepared beverages and mixed

drinks for off-premises consumption, a licensed premises shall

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

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.

(6) A licensee selling prepared beverages or mixed drinks

for off-premises consumption shall prominently post a warning

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

beverages and mixed drinks for off-premises consumption may only

do so during the COVID-19 disaster emergency and during the

mitigation period after the termination of the disaster

emergency in which a licensee is operating at less than sixty

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per centum (60%) capacity.

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

termination of the disaster emergency in which a licensee is

operating at less than sixty per centum (60%) capacity.

(d) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"COVID-19 disaster emergency" shall mean 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.

"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 3. This act shall take effect immediately.

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