Regular Session 2023-2024 House Bill 0107 P.N. 0091

PRINTER'S NO. 91

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

107

Session of

2023

INTRODUCED BY CIRESI, MADDEN, JAMES, SANCHEZ, PROBST,

D. WILLIAMS, McNEILL, HILL-EVANS AND ORTITAY, MARCH 7, 2023

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 7, 2023

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

distilleries, wineries, bonded warehouses, bailees for hire

and transporters for hire, further providing for limited

wineries.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 505.2(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, is amended by adding

a clause and subsection (c) is amended by adding a definition to

read:

Section 505.2. Limited Wineries.--(a) In the interest of

promoting tourism and recreational development in Pennsylvania,

holders of a limited winery license may:

* * *

(7) Obtain an off-premises wine catering permit to use off

the licensed premises in partnership with an otherwise

unlicensed BYOB restaurant where the licensee may sell wine, by

the glass, open bottle or other container and in any mixture

together with food, for consumption on those premises. The

following shall apply:

(i) The licensee may be issued no more than three off-

premises wine catering permits to be used in partnership with a

BYOB restaurant.

(ii) Any licensee that wishes to obtain an off-premises wine

catering permit for use at a BYOB restaurant must notify the

board and pay an initial fee of five hundred dollars ($500) per

permit application and, upon approval, shall be subject to an

annual renewal fee of five hundred dollars ($500).

(iii) The fees under subclause (ii) shall be paid into The

State Stores Fund.

(iv) The board may approve or disapprove each permit if the

applicant fails to meet the requirements of this act or has

previously conducted a function that did not meet the

requirements of this act. Any violation of this act or the

board's regulations relating to this clause may be the basis for

the issuance of a citation under section 471, the nonrenewal of

the license under section 470 or the refusal by the board to

issue subsequent permits. This penalty shall be in addition to

any other remedies available to the enforcement bureau or the

board.

(v) Alcohol may only be served at the permitted location

20230HB0107PN0091 - 2 -

between the hours of noon and nine o'clock postmeridian.

(vi) All servers shall be certified under the board's

responsible alcohol management program as required under section

471.1.

(vii) A permit shall not be held at a location that is

already subject to the applicant's or another licensee's off-

premises wine catering permit.

(viii) A permit shall not be issued to an applicant whose

license is in safekeeping.

(ix) A permit shall not be issued to a location that is

subject to a pending objection by the Director of the Bureau of

Licensing or the board under section 470(a.1).

(x) A permit shall not be issued to a location that is

subject to a pending license suspension under section 471 or the

one-year prohibition on the issuance or transfer of a license

under section 471(b).

(xi) Alcohol may not be taken from the permitted location by

any patron, but the applicant may transport alcohol to and from

the applicant's licensed premises to the proposed premises.

(xii) Written notice of the off-premises wine catering

permit as enumerated in subclause (xiii) shall be provided to

the local police and the enforcement bureau at least fourteen

(14) days in advance of the event.

(xiii) Written notice shall be provided to the board and

must include the location of the BYOB restaurant, dates and

times that the permit will be used, authorization by the local

municipality where the permit is being utilized, as well as any

information the board shall prescribe. The board may, in its

discretion, accept notice in an electronic format.

(xiv) If a permit is located on private property, the owner

20230HB0107PN0091 - 3 -

of the property is deemed to have submitted to the jurisdiction

of the enforcement bureau, and the warrant required by section

211(a)(2) shall not be necessary for the enforcement bureau to

enter and search the premises during the function or any

activity related to the function.

(xv) The off-premises wine catering permit location shall be

subject to section 493(34).

(xvi) A permit shall not be issued to locations that are

subject to a pending, protested transfer application.

(xvii) A permit may not be issued to a license holder whose

license is subject to a pending objection by the Director of the

Bureau of Licensing or the board under section 470(a.1).

(xviii) A permit shall not be issued to a licensee for use

in a location that is mobile.

* * *

"BYOB restaurant" shall mean a restaurant, eating place or

café not licensed by the board that offers on-premises dining,

has a valid health permit and allows patrons who are at least 21

years of age to bring wine, beer or spirits to consume while

dining at the premises.

* * *

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

20230HB0107PN0091 - 4 -