PRINTER'S NO. 802
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
829
Session of
2023
INTRODUCED BY GERGELY, SANCHEZ, MADDEN, DEASY, HILL-EVANS AND
KUZMA, APRIL 4, 2023
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 4, 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
licenses and regulations and liquor, alcohol and malt and
brewed beverages, further providing for interlocking business
prohibited and for unlawful acts relative to liquor, malt and
brewed beverages and licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 411(e.1) and 493(11) of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended
to read:
Section 411. Interlocking Business Prohibited.--* * *
(e.1) Nothing in subsection (e) shall prohibit any of the
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following:
(1) A person who has an ownership interest in a limited
winery license from being employed by an entity that holds a
hotel, restaurant, eating place or club license if the person is
not employed as [alcohol service personnel or as] manager.
(2) A person who has an ownership interest in a brewery
license from being employed by an entity that holds a hotel,
restaurant, eating place or club license if the person [has no
job duties or responsibilities on, or connected with, the
licensed premises in any capacity] is not employed as manager.
* * *
Section 493. Unlawful Acts Relative to Liquor, Malt and
Brewed Beverages and Licensees.--The term "licensee," when used
in this section, shall mean those persons licensed under the
provisions of Article IV, unless the context clearly indicates
otherwise.
It shall be unlawful--
* * *
(11) Licensees Employed by Others. For any hotel, restaurant
or club liquor licensee, or any malt or brewed beverage
licensee, or any officer[, servant, agent or employe] or manager
of such licensee, to be at the same time employed, directly or
indirectly, by any distributor, importing distributor,
manufacturer, importer or vendor licensee or any out of State
manufacturer. It shall also be unlawful for any distributor or
importing distributor, or any officer[, servant, agent or
employe] or manager of such licensee, to be at the same time
employed, directly or indirectly, by any other distributor,
importing distributor, manufacturer, importer, vendor, out of
State manufacturer, hotel restaurant, malt or brewed beverage
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licensee, or club liquor licensee. It shall also be unlawful for
any manufacturer, importer, or vendor licensee, or any out of
State manufacturer, or any officer[, servant, agent or employe]
or manager of such licensee or manufacturer, to be at the same
time employed, directly or indirectly, by any hotel, restaurant
or club liquor licensee or any malt or brewed beverage licensee
or any distributor or importing distributor licensee. Nothing in
this subsection shall be construed to prohibit a manufacturer or
limited winery licensee, or any officer[, servant, agent or
employe] or manager of such licensee, to be employed at the same
time by a hotel, restaurant or retail dispenser licensee if the
hotel, restaurant or retail dispenser licensee is located at the
manufacturer or limited winery premises pursuant to section 443.
For the purposes of this subsection, an officer[, servant, agent
or employe] or manager of a licensee or manufacturer is an
individual who has either an ownership interest in the licensee
or manufacturer or who [receives compensation for his or her
work on behalf of the licensee or manufacturer] has been
approved as the licensee's manager by the board: Provided
further, That nothing in this section shall prohibit a person
who has an ownership interest in a limited winery license from
being employed by an entity that holds a hotel, restaurant,
eating place or club license if the person is not employed as
alcohol service personnel or as a manager: And, provided
further, That nothing in this section shall prohibit a person
who has an ownership interest in a brewery license from being
employed by an entity that holds a hotel, restaurant, eating
place or club license if the person has no job duties or
responsibilities on, or connected with, the licensed premises in
any capacity.
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* * *
Section 2. This act shall take effect in 60 days.
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