Regular Session 2023-2024 House Bill 0829 P.N. 1039

PRIOR PRINTER'S NO. 802

PRINTER'S NO. 1039

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

829

Session of

2023

INTRODUCED BY GERGELY, SANCHEZ, MADDEN, DEASY, HILL-EVANS, KUZMA

AND GUZMAN, APRIL 4, 2023

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF

REPRESENTATIVES, AS AMENDED, APRIL 26, 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 1. SECTION 411(E.1) OF THE ACT OF APRIL 12, 1951

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(P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

Section 411. Interlocking Business Prohibited.--* * *

[(e.1) Nothing in subsection (e) shall prohibit any of the

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.]

* * *

(G) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON WHO HAS

AN OWNERSHIP INTEREST IN A MANUFACTURER FROM BEING EMPLOYED BY

AN ENTITY THAT HOLDS A HOTEL, RESTAURANT, EATING PLACE OR CLUB

LICENSE SO LONG AS THE PERSON IS NOT EMPLOYED AS THE MANAGER OR

AS ALCOHOL SERVICE PERSONNEL.

SECTION 2. SECTION 493(11) OF THE ACT IS AMENDED TO READ:

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

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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

licensee, or club liquor licensee. [It] EXCEPT AS PROVIDED UNDER

SECTION 411(G), 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

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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.] HAS BEEN APPROVED AS THE LICENSEE'S MANAGER BY

THE BOARD.

* * *

Section 2 3. This act shall take effect in 60 days.

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