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SENATE AMENDED
A10393
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1497
Session of
2017
INTRODUCED BY JOZWIAK, TALLMAN, ROTHMAN, BARBIN, M. K. KELLER,
MILLARD, A. HARRIS, GROVE, WENTLING, WARD, SONNEY, WHEELAND,
MICCARELLI AND RADER, JUNE 5, 2017
SENATOR McILHINNEY, LAW AND JUSTICE, IN SENATE, AS AMENDED,
OCTOBER 15, 2018
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 defining "alcoholic cider"
and "public venue"; and, in licenses and regulations for
liquor, alcohol and malt and brewed beverages, further
providing for sales by liquor licensees and restrictions, for
wine and spirits auction permits, for interlocking businesses
prohibited, FOR PERFORMING ARTS FACILITY LICENSE, for malt
and brewed beverages manufacturers', distributors' and
importing distributors' licenses, for local option and for
unlawful acts relative to liquor, malt and brewed beverages
and licensees.
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,
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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; IN
LICENSES AND REGULATIONS AND LIQUOR, ALCOHOL AND MALT AND
BREWED BEVERAGES, FURTHER PROVIDING FOR APPLICATIONS FOR
HOTEL, RESTAURANT AND CLUB LIQUOR LICENSES, FOR SALES BY
LIQUOR LICENSEES AND RESTRICTIONS, FOR WINE AND SPIRITS
AUCTION PERMITS, FOR PUBLIC VENUE LICENSE, FOR PERFORMING
ARTS FACILITY LICENSE, FOR WINE EXPANDED PERMITS, FOR CASINO
LIQUOR LICENSE, FOR APPLICATION FOR DISTRIBUTORS', IMPORTING
DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES AND, FOR
BREWERIES, PROVIDING FOR TAXES DUE ON SALES MADE BY A HOLDER
OF A MANUFACTURER'S LICENSE, FURTHER PROVIDING and FOR
LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED IN EACH
COUNTY, PROVIDING FOR LIQUOR CODE SUSPENSION FOR DEFICIENCY,
and FURTHER PROVIDING FOR LOCAL OPTION AND FOR UNLAWFUL ACTS
RELATIVE TO LIQUOR, MALT AND BREWED BEVERAGES AND LICENSEES;
IN DISTILLERIES, WINERIES, BONDED WAREHOUSES, BAILEES FOR
HIRE AND TRANSPORTERS FOR HIRE, FURTHER PROVIDING FOR LIMITED
WINERIES AND FOR DISTILLERIES; AND, IN MISCELLANEOUS
PROVISIONS, FURTHER PROVIDING FOR CONSTRUCTION AND
APPLICABILITY; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "alcoholic cider" and "public
venue" in section 102 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, amended November 15, 2016
(P.L.1286, No.166), are 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:
* * *
"Alcoholic cider" shall mean a beverage which may contain
carbonation in an amount not to exceed six and four tenths grams
per liter, produced through alcoholic fermentation [of any fruit
or fruit juice], which is primarily derived from apples, apple
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juice concentrate and water, pears or pear juice concentrate and
water, consisting of at least one-half of one per centum, but
not greater than eight and one-half per centum, alcohol by
volume and sold or offered for sale as alcoholic cider and not
as a wine, a wine product or as a substitute for wine, in
bottles, cases, kegs, cans or other suitable containers of the
type used for the sale of malt or brewed beverages in this
Commonwealth.
* * *
"Public venue" shall mean a stadium, arena, convention
center, museum, zoo, amphitheater or similar structure. If the
public venue is a cruise terminal owned or leased by a port
authority created under the act of June 12, 1931 (P.L.575,
No.200), entitled "An act providing for joint action by
Pennsylvania and New Jersey in the development of the ports on
the lower Delaware River, and the improvement of the facilities
for transportation across the river; authorizing the Governor,
for these purposes, to enter into an agreement with New Jersey;
creating The Delaware River Joint Commission and specifying the
powers and duties thereof, including the power to finance
projects by the issuance of revenue bonds; transferring to the
new commission all the powers of the Delaware River Bridge Joint
Commission; and making an appropriation," it shall have no
permanent seating requirement. If the public venue is an open-
air amphitheater owned by a port authority created under the act
of December 6, 1972 (P.L.1392, No.298), known as the "Third
Class City Port Authority Act," it shall have no permanent
seating requirement. If the public venue is owned by a political
subdivision, a municipal authority, the Commonwealth, an
authority created under the act of July 29, 1953 (P.L.1034,
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No.270), known as the "Public Auditorium Authorities Law," an
authority created under Article XXV-A of the act of July 28,
1953 (P.L.723, No.230), known as the "Second Class County Code,"
an art museum established under the authority of the act of
April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer
on certain associations of the citizens of this commonwealth the
powers and immunities of corporations, or bodies politic in
law," [or] an authority created under Article XXIII (n) or (o)
of the act of August 9, 1955 (P.L.323, No.130), known as "The
County Code," or it is located in a neighborhood improvement
zone created under Article XIX-B of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, located in
a city of the third class, it shall have permanent seating for
at least one thousand (1,000) people; otherwise, it shall have
permanent seating for at least two thousand (2,000) people. The
term shall also mean any regional history center, multipurpose
cultural and science facility, museum or convention or trade
show center, regardless of owner and seating capacity, that has
a floor area of at least sixty thousand (60,000) square feet in
one building. The term shall also mean a convention or
conference center owned by a city of the third class or a
university which is a member of the Pennsylvania State System of
Higher Education which is operated by a university foundation or
alumni association, regardless of seating capacity, that has a
floor area of at least fifteen thousand (15,000) square feet in
one building. The term shall also mean a visitor center,
regardless of floor area or seating capacity, that was
established under the authority of the Gateway Visitor Center
Authorization Act of 1999 (Public Law 106-131, 113 Stat. 1678,
16 U.S.C. § 407m).
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* * *
Section 2. Section 406(d) of the act is amended to read:
Section 406. Sales by Liquor Licensees; Restrictions.--* * *
(d) Subject to section 412, licensed public venues may sell
liquor and malt or brewed beverages on Sundays from eleven
o'clock antemeridian until midnight without the need to acquire
or qualify for a special permit. In addition, subject to section
413, licensed performing arts facilities may sell liquor and
malt or brewed beverages on Sundays from [one o'clock
postmeridian] ten o'clock antemeridian until ten o'clock
postmeridian without the need to acquire or qualify for a
special permit.
* * *
section 3. sections 408.12(a)(6), (10), (11) and (12) and
411(d) and (e) of the act, amended november 15, 2016 (p.l.1286,
no.166), are amended to read:
Section 408.12. Wine and Spirits Auction Permits.--(a) Upon
application of:
* * *
(6) any [nationally recognized] community-based voluntary
health organization committed to fighting cancer [which has been
in existence for at least ninety years];
* * *
(10) institution of higher education; or
(11) any nationally recognized community-based health
organization committed to funding Type 1 Diabetes research; [or]
[(12) any nationally recognized community-based voluntary
health organization committed to fighting cancer which has been
in existence for at least twenty years;]
and upon payment of a fee of thirty dollars ($30) per day, the
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board shall issue a wine and spirits auction permit good for a
period of not more than four consecutive or nonconsecutive days
per calendar year.
* * *
Section 411. Interlocking Business Prohibited.--* * *
(d) Excepting as herein provided, no hotel licensee,
restaurant licensee or club licensee, and no officer, director,
stockholder, agent or employe of any such licensee shall in any
wise be interested, either directly or indirectly, [in the
ownership or leasehold of any property or the equipment of any
property or any mortgage lien against the same, used by a
manufacturer in manufacturing liquor or malt or brewed
beverages; nor shall any hotel, restaurant or club licensee, or
any officer, director, stockholder, agent or employe of any such
licensee, either directly or indirectly,] lend any moneys,
credit, or give anything of value or the equivalent thereof, to
any manufacturer for equipping, fitting out, or maintaining and
conducting, either in whole or in part, an establishment used
for the manufacture of liquor or malt or brewed beverages.
(e) Except as herein provided, no hotel, restaurant, retail
dispenser or club licensee, and no officer, director or
stockholder, agent or employe of any such licensee shall in any
wise be interested, directly or indirectly, in the ownership or
leasehold of any property or the equipment of any property or
any mortgage lien against the same, used by a distributor,
importing distributor, or by an importer or sacramental wine
licensee, in the conduct of his business; nor shall any hotel,
restaurant, retail dispenser or club licensee, or any officer,
director, stockholder, agent or employe of any such licensee,
either directly or indirectly, lend any moneys, credit, or give
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anything of value or the equivalent thereof, to any distributor,
importing distributor, importer or sacramental wine licensee,
for equipping, fitting out, or maintaining and conducting,
either in whole or in part, an establishment used in the conduct
of his business.
The purpose of this section is to require a separation of the
financial and business interests between manufacturers and
holders of hotel or restaurant liquor licenses and, as herein
provided, of club licenses, issued under this article, and no
person shall, by any device whatsoever, directly or indirectly,
evade the provisions of the section. But in view of existing
economic conditions, nothing contained in this section shall be
construed to prohibit the ownership of property or conflicting
interest by a manufacturer of any place occupied by a licensee
under this article after the manufacturer has continuously owned
and had a conflicting interest in such place for a period of at
least five years prior to July eighteenth, one thousand nine
hundred thirty-five: Provided, however, That this clause shall
not prohibit any hotel, restaurant or club liquor licensee, or
any officer, director or stockholder of any such licensee, from
owning land or buildings which are leased to a holder of a
retail dispenser's license, [a distillery license or a limited
distillery license] or a manufacturer's license: And, provided
further, That nothing contained in this section shall be
construed to prohibit any hotel, restaurant, retail dispenser or
club licensee or any officer, director or stockholder, agent or
employe of any such licensee from having a financial or other
interest, directly or indirectly in [the ownership or leasehold
of any property or] the equipment of any property or any
mortgage lien against same, used, leased by an importer or
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sacramental wine licensee for the exclusive purpose of
maintaining commercial offices and on the condition that said
property is not used for the storage or sale of liquor or malt
or brewed beverages in any quantity: And, provided further, That
nothing contained in this section shall prohibit an officer or
member of a licensed privately owned private golf course
catering club from having an interest in a limited winery
license: And, provided further, That nothing contained in this
section shall be construed to prohibit a member of the governing
board of a public authority created under subdivision (n) of
Article XXIII of the act of August 9, 1955 (P.L.323, No.130),
known as "The County Code," from having an interest in a
distributor or importing distributor license notwithstanding the
fact that the public authority has an interest in one or more
retail licenses or acts as a landlord for one or more retail
licenses: And, provided further, That, nothing in this section
may prohibit an employe of a hotel or restaurant licensee from
having an interest in any property used by a limited winery
licensee or in guaranteeing any loans, or lending any moneys,
providing credit or giving anything of value to a limited winery
licensee or its officers, directors and shareholders, provided
that the person also is not an officer of or does not have any
interest in or exercise any control over any other licensed
entity that engages in any sales to or from the licensee: And,
provided further, That, notwithstanding any other provision of
this section, an entity may acquire both a manufacturer's
license or a limited winery license and a hotel, restaurant or
retail dispenser license for use at the same location and more
than one location may be so licensed. And, provided further,
That, notwithstanding any other provision of this section, an
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entity licensed as a limited winery may hold and operate a
restaurant liquor license at one of its additional, board-
approved locations instead of at its primary location where
manufacturing occurs. The licenses and a person's interest in
the licenses or in the entity holding the licenses shall not be
subject to this section. Provided further, That, a person who is
a holder of ten per centum (10%) or less of securities or other
interests in a publicly or privately held domestic or foreign
corporation, partnership, limited liability company or other
form of legal entity owning a retail license shall not be deemed
to possess a financial interest and is not subject to the
provisions of this section, provided that the person is not an
officer of, employe of or does not have any interest in or
exercise any control over any other licensed entity that engages
in any sales to or from the retail licensee in which the person
holds the ten per centum (10%) or less interest[.]: And,
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 so long as the person is not
employed as an alcohol service personnel or as manager.
* * *
section 4. section 413(f)(1) of the act is amended to read:
Section 413. Performing Arts Facility License.--* * *
(f) Licenses issued under this section are to be considered
restaurant liquor licenses. However, the following additional
restrictions and privileges apply:
(1) Sales of liquor and malt or brewed beverages may be made
two hours before, during and one hour after any performance at
the facility; however, sales may not be made from two o'clock
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antemeridian to seven o'clock antemeridian. In addition, sales
may not occur prior to [one o'clock postmeridian] ten o'clock
antemeridian or after ten o'clock postmeridian on Sundays.
However, facilities that had been licensed under former section
408.3(a) and 408.3(a.2) may sell liquor and malt or brewed
beverages anytime except from two o'clock antemeridian to seven
o'clock antemeridian or prior to one o'clock postmeridian or
after ten o'clock postmeridian on Sundays, regardless of whether
there is a performance at the facility.
* * *
section 5. section 431(b) of the act, reenacted and amended
november 15, 2016 (P.L.1286, No.166), is amended to read:
Section 431. Malt and Brewed Beverages Manufacturers',
Distributors' and Importing Distributors' Licenses.--* * *
(b) The board shall issue to any reputable person who
applies therefor, and pays the license fee hereinafter
prescribed, a distributor's or importing distributor's license
for the place which such person desires to maintain for the sale
of malt or brewed beverages, not for consumption on the premises
where sold, and in quantities of not less than a case or
original containers containing one hundred twenty-eight ounces
or more which may be sold separately as prepared for the market
by the manufacturer at the place of manufacture. In addition, a
distributor license holder may sell malt or brewed beverages in
any amount to a person not licensed by the board for off-
premises consumption. The sales shall not be required to be in
the package configuration designated by the manufacturer and may
be sold in refillable growlers. The board shall have the
discretion to refuse a license to any person or to any
corporation, partnership or association if such person, or any
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officer or director of such corporation, or any member or
partner of such partnership or association shall have been
convicted or found guilty of a felony within a period of five
years immediately preceding the date of application for the said
license: And provided further, That, in the case of any new
license or the transfer of any license to a new location, the
board may, in its discretion, grant or refuse such new license
or transfer if such place proposed to be licensed is within
three hundred feet of any church, hospital, charitable
institution, school or public playground, or if such new license
or transfer is applied for a place which is within two hundred
feet of any other premises which is licensed by the board: And
provided further, That the board shall refuse any application
for a new license or the transfer of any license to a new
location if, in the board's opinion, such new license or
transfer would be detrimental to the welfare, health, peace and
morals of the inhabitants of the neighborhood within a radius of
five hundred feet of the place proposed to be licensed. The
board shall not license the area where liquid fuels or oil is
sold. No sales of liquid fuels or oil may be made from a
licensee's licensed premises. A licensed premises may not have
an interior connection with a location that sells liquid fuels
or oil unless it first receives permission from the board for
the interior connection. The approval shall be required
regardless of whether the licensee or another party is the
entity selling the liquid fuels or oil. The board may enter into
an agreement with the applicant concerning additional
restrictions on the license in question. If the board and the
applicant enter into such an agreement, such agreement shall be
binding on the applicant. Failure by the applicant to adhere to
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the agreement will be sufficient cause to form the basis for a
citation under section 471 and for the nonrenewal of the license
under section 470. If the board enters into an agreement with an
applicant concerning additional restrictions, those restrictions
shall be binding on subsequent holders of the license until the
license is transferred to a new location or until the board
enters into a subsequent agreement removing those restrictions.
If the application in question involves a location previously
licensed by the board, then any restrictions imposed by the
board on the previous license at that location shall be binding
on the applicant unless the board enters into a new agreement
rescinding those restrictions. The board shall require notice to
be posted on the property or premises upon which the licensee or
proposed licensee will engage in sales of malt or brewed
beverages. This notice shall be similar to the notice required
of hotel, restaurant and club liquor licensees.
Except as hereinafter provided, such license shall authorize
the holder thereof to sell or deliver malt or brewed beverages
in quantities above specified anywhere within the Commonwealth
of Pennsylvania, which, in the case of distributors, have been
purchased only from persons licensed under this act as
manufacturers or importing distributors, and in the case of
importing distributors, have been purchased from manufacturers
or persons outside this Commonwealth engaged in the legal sale
of malt or brewed beverages or from manufacturers or importing
distributors licensed under this article. In the case of an
importing distributor, the holder of such a license shall be
authorized to store and repackage malt or brewed beverages owned
by a manufacturer at a segregated portion of a warehouse or
other storage facility authorized by section 441(d) and operated
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by the importing distributor within its appointed territory and
deliver such beverages to another importing distributor who has
been granted distribution rights by the manufacturer as provided
herein. The importing distributor shall be permitted to receive
a fee from the manufacturer for any related storage, repackaging
or delivery services. In the case of a bailee for hire hired by
a manufacturer, the holder of such a permit shall be authorized:
to receive, store and repackage malt or brewed beverages
produced by that manufacturer for sale by that manufacturer to
importing distributors to whom that manufacturer has given
distribution rights pursuant to this subsection or to purchasers
outside this Commonwealth for delivery outside this
Commonwealth; or to ship to that manufacturer's storage
facilities outside this Commonwealth. The bailee for hire shall
be permitted to receive a fee from the manufacturer for any
related storage, repackaging or delivery services. The bailee
for hire shall, as required in Article V of this act, keep
complete and accurate records of all transactions, inventory,
receipts and shipments and make all records and the licensed
areas available for inspection by the board and for the
Pennsylvania State Police, Bureau of Liquor Control Enforcement,
during normal business hours.
Each out of State manufacturer of malt or brewed beverages
whose products are sold and delivered in this Commonwealth shall
give distributing rights for such products in designated
geographical areas to specific importing distributors, and such
importing distributor shall not sell or deliver malt or brewed
beverages manufactured by the out of State manufacturer to any
person issued a license under the provisions of this act whose
licensed premises are not located within the geographical area
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for which he has been given distributing rights by such
manufacturer. In addition, the holder of a distributor license
may not sell or deliver malt or brewed beverages to any licensee
whose licensed premises is located within the designated
geographical area granted to an importing distributor other than
the importing distributor that sold the malt or brewed beverages
to the distributor. If the licensee purchasing the malt or
brewed beverages from the distributor license holder holds
multiple licenses or operates at more than one location, then
the malt or brewed beverages may not be consumed or sold at
licensed premises located within the designated geographical
area granted to an importing distributor other than the
importing distributor that sold the malt or brewed beverages to
the distributor. Should a licensee accept the delivery of malt
or brewed beverages or transfer malt or brewed beverages in
violation of this section, said licensee shall be subject to a
suspension of his license for at least thirty days: Provided,
That the importing distributor holding such distributing rights
for such product shall not sell or deliver the same to another
importing distributor without first having entered into a
written agreement with the said secondary importing distributor
setting forth the terms and conditions under which such products
are to be resold within the territory granted to the primary
importing distributor by the manufacturer.
When a Pennsylvania manufacturer of malt or brewed beverages
licensed under this article names or constitutes a distributor
or importing distributor as the primary or original supplier of
his product, he shall also designate the specific geographical
area for which the said distributor or importing distributor is
given distributing rights, and such distributor or importing
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distributor shall not sell or deliver the products of such
manufacturer to any person issued a license under the provisions
of this act whose licensed premises are not located within the
geographical area for which distributing rights have been given
to the distributor and importing distributor by the said
manufacturer. In addition, the holder of a distributor license
may not sell or deliver malt or brewed beverages to a licensee
whose licensed premises is located within the designated
geographical area granted to an importing distributor other than
the importing distributor that sold the malt or brewed beverages
to the distributor. If the licensee purchasing the malt or
brewed beverages from the distributor license holder holds
multiple licenses or operates at more than one location, the
malt or brewed beverages may not be consumed or sold at licensed
premises located within the designated geographical area granted
to an importing distributor other than the importing distributor
that sold the malt or brewed beverages to the distributor. [If a
licensee accepts the delivery of malt or brewed beverages or
transfers malt or brewed beverages in violation of this section,
the licensee shall be subject to suspension of his license for
at least thirty days: Provided, That the] The importing
distributor holding such distributing rights for such product
shall not sell or deliver the same to another importing
distributor without first having entered into a written
agreement with the said secondary importing distributor setting
forth the terms and conditions under which such products are to
be resold within the territory granted to the primary importing
distributor by the manufacturer. Nothing herein contained shall
be construed to prevent any manufacturer from authorizing the
importing distributor holding the distributing rights for a
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designated geographical area from selling the products of such
manufacturer to another importing distributor also holding
distributing rights from the same manufacturer for another
geographical area, providing such authority be contained in
writing and a copy thereof be given to each of the importing
distributors so affected.
A distributor who violates the provisions of this section and
delivers to a licensee outside of the designated geographical
area shall be subject to citation by the enforcement bureau of
the board which shall result in penalties as follows: The
receipt of a first citation will result in a fine of not less
than five hundred dollars ($500), nor more than one thousand
dollars ($1,000); the receipt of a second citation will result
in a fine of not less than one thousand dollars ($1,000), nor
more than two thousand five hundred dollars ($2,500) and
suspension of operating privileges for at least two days; the
receipt of a third or subsequent citation will result in a fine
of not less than two thousand five hundred dollars ($2,500), nor
more than five thousand ($5,000) and suspension of operating
privileges for seven days.
A licensee who accepts product in violation of the provisions
of this section shall be subject to citation by the enforcement
bureau of the board, which shall result in penalties as follows:
the receipt of a first citation will result in a warning and
will serve as official notice that the licensee is accepting
product in violation of this act; the receipt of a second
citation will result in a fine of not less than five hundred
dollars ($500), nor more than one thousand dollars ($1,000); the
receipt of a third citation will result in a fine of not less
than one thousand dollars ($1,000), nor more than two thousand
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five hundred dollars ($2,500) and suspension of operating
privileges for at least two days; the receipt of a fourth or
subsequent citation will result in a fine of not less than two
thousand five hundred dollars ($2,500), nor more than five
thousand ($5,000) and suspension of operating privileges for
seven days.
* * *
section 6. section 472(a) of the act, amended november 15,
2016 (P.L.1286, no.166), is amended to read:
Section 472. Local Option.--(a) In any municipality or any
part of a municipality where such municipality is split so that
each part thereof is separated by another municipality, an
election may be held, subject to subsection (c), not oftener
than once in four years, to determine the will of the electors
with respect to the granting of liquor licenses to hotels,
restaurants, resort facilities and clubs, not oftener than once
in four years, to determine the will of the electors with
respect to the granting of liquor licenses to public venues, to
performing arts facilities, to continuing care retirement
communities, to hotels located on property owned by an
accredited college or university, to privately-owned private
golf courses or to privately-owned public golf courses, not
oftener than once in four years, to determine the will of the
electors with respect to the granting of licenses to retail
dispensers of malt and brewed beverages, not oftener than once
in four years, to determine the will of the electors with
respect to granting of licenses to wholesale distributors and
importing distributors, not more than once in two years, to
determine the will of the electors with respect to the granting
of club liquor licenses or club retail dispenser licenses to
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incorporated units of national veterans' organizations, not
oftener than once in two years to determine the will of the
electors with respect to the granting of special occasion
permits to qualified organizations, not more than once in four
years, to determine the will of the electors with respect to the
establishment, operation and maintenance by the board of
Pennsylvania liquor stores, within the limits of such
municipality or part of a split municipality, or not more than
once in two years, to determine the will of the electors with
respect to the granting of liquor licenses to ski resort
facilities, under the provisions of this act: Provided, That an
election on the question of establishing and operating a State
liquor store shall be initiated only in those municipalities, or
that part of a split municipality that shall have voted against
the granting of liquor licenses; and that an election on the
question of granting wholesale distributor and importing
distributor licenses shall be initiated only in those
municipalities or parts of split municipalities that shall have
at a previous election voted against the granting of dispenser's
licenses. Whenever electors equal to at least twenty-five per
centum of the highest vote cast for any office in the
municipality or part of a split municipality at the last
preceding general election shall file a petition with the county
board of elections of the county for a referendum on the
question of granting any of said classes of licenses or the
establishment of Pennsylvania liquor stores, the said county
board of elections shall cause a question to be placed on the
ballots or on the voting machine board and submitted at any
election, except a special election. Separate petitions must be
filed for each question to be voted on. Said proceedings shall
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be in the manner and subject to the provisions of the election
laws which relate to the signing, filing and adjudication of
nomination petitions, with respect to a question to be placed on
the ballot in a primary election, and nomination papers, with
respect to a question to be placed on the ballot in a municipal
or general election, in each case insofar as such provisions are
applicable.
When the question is in respect to the granting of liquor
licenses, it shall be in the following form:
Do you favor the granting of liquor licenses for the
sale of liquor in......................................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to resort facilities in those municipalities that do
not already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to resort
facilities for the sale of liquor in the...............
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to ski resorts in those municipalities that do not
already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to ski
resort facilities for the sale of liquor in the
..................of ................................?
Yes
No
When the question is in respect to the granting of restaurant
liquor licenses for use at public venues in those municipalities
that do not already allow the retail sale of liquor, it shall be
in the following form:
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Do you favor the granting of liquor licenses to public
venues for the sale of liquor in the...................
of....................................................?
Yes
No
When the question is in respect to the granting of restaurant
liquor licenses for use at performing arts facilities in those
municipalities that do not already allow the retail sale of
alcohol, it shall be in the following form:
Do you favor the granting of liquor licenses to
performing arts facilities for the sale of liquor in
the...................................................
of...................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses for hotels located on property owned by an accredited
college or university in those municipalities that do not
already allow the granting of liquor licenses, it shall be in
the following form:
Do you favor the granting of liquor licenses to hotels
on property owned by an accredited college or
university in the.....................................
of...................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses, for privately-owned private golf courses, it shall be
in the following form:
Do you favor the granting of liquor licenses for
privately-owned private golf courses for the sale of
liquor in....................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses, for privately-owned public golf courses, it shall be
in the following form:
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Do you favor the granting of liquor licenses for
privately-owned public golf courses for the sale of
liquor in....................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to continuing care retirement communities in those
municipalities that have not already approved the granting of
liquor licenses, it shall be in the following form:
Do you favor the granting of liquor licenses for
continuing care retirement communities
in...........................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of licenses
to retail dispensers of malt and brewed beverages, it shall be
in the following form:
Do you favor the granting of malt and brewed beverage
retail dispenser licenses for consumption on premises
where sold in the.....................................
of...................................................?
Yes
No
When the question is in respect to the granting of licenses
to wholesale distributors of malt or brewed beverages and
importing distributors, it shall be in the following form:
Do you favor the granting of malt and brewed beverage
wholesale distributor's and importing distributor's
licenses not for consumption on premises where sold in
the...................................................
of....................................................?
Yes
No
When the question is in respect to the granting of club
liquor licenses to incorporated units of national veterans'
organizations, it shall be in the following form:
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Do you favor the granting of club liquor licenses to
incorporated units of national veterans' organizations
in the.................................................
of....................................................?
Yes
No
When the question is in respect to the granting of club
retail dispenser licenses to incorporated units of national
veterans' organizations, it shall be in the following form:
Do you favor the granting of club retail dispenser
licenses to incorporated units of national veterans'
organizations in the...................................
of....................................................?
Yes
No
When the question is in respect to the granting of special
occasion permits allowing the sale of liquor by qualified
organizations in municipalities that do not already allow the
retail sale of liquor, it shall be in the following form:
Do you favor the granting of special occasion permits
to allow the sale of liquor by qualified organizations
in the.................................................
of....................................................?
Yes
No
When the question is in respect to the granting of special
occasion permits allowing the sale of malt or brewed beverages
only by qualified organizations in municipalities that do not
already allow the retail sale of malt or brewed beverages, it
shall be in the following form:
Do you favor the granting of special occasion permits
to allow the sale of malt or brewed beverages only by
qualified organizations in the.........................
of....................................................?
Yes
No
When the question is in respect to the establishment,
operation and maintenance of Pennsylvania liquor stores it shall
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be in the following form:
Do you favor the establishment, operation and
maintenance of Pennsylvania liquor stores in
the....................................................
of...................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to an airport authority in those municipalities that do
not already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to an
airport authority for the sale of liquor in
the...................................................
of...................................................?
Yes
No
In case of a tie vote, the status quo shall obtain. If a
majority of the voting electors on any such question vote "yes,"
then liquor licenses shall be granted by the board to hotels,
restaurants, ski resorts, resort facilities and clubs, or liquor
licenses shall be granted by the board to public venues, to
performing arts facilities, to continuing care retirement
communities, to hotels located on property owned by an
accredited college or university, to privately-owned private
golf courses or to privately-owned public golf courses, or malt
and brewed beverage retail dispenser licenses or wholesale
distributor's and importing distributor's license for the sale
of malt or brewed beverages shall be granted by the board, or
club liquor licenses or club retail dispenser licenses shall be
granted by the board to incorporated units of national veterans'
organizations, or special occasion permits may be issued to
qualified organizations, or the board may establish, operate and
maintain Pennsylvania liquor stores, as the case may be, in such
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municipality or part of a split municipality, as provided by
this act; but if a majority of the electors voting on any such
question vote "no," then the board shall have no power to grant
or to renew upon their expiration any licenses of the class so
voted upon in such municipality or part of a split municipality;
or if the negative vote is on the question in respect to the
establishment, operation and maintenance of Pennsylvania liquor
stores, the board shall not open and operate a Pennsylvania
liquor store in such municipality or part of a split
municipality, nor continue to operate a then existing
Pennsylvania liquor store in the municipality or part of a split
municipality for more than two years thereafter or after the
expiration of the term of the lease on the premises occupied by
such store, whichever period is less, unless and until at a
later election a majority of the voting electors vote "yes" on
such question.
* * *
section 7. 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
licensee, or any officer, servant, agent or employe of such
licensee, to be at the same time employed, directly or
indirectly, by any distributor, importing distributor,
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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
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 shall also be unlawful for any manufacturer,
importer, or vendor licensee, or any out of State manufacturer,
or any officer, servant, agent or employe 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 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 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[.]: 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 so long as the person is not employed as an alcohol
service personnel or as manager.
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* * *
Section 8. This act shall take effect in 60 days.
SECTION 1. THE DEFINITIONS OF "ALCOHOLIC CIDER," "MIXED-USE
TOWN CENTER DEVELOPMENT PROJECT" AND "PUBLIC VENUE" IN SECTION
102 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
LIQUOR CODE, ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A
DEFINITION 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:
* * *
"ALCOHOLIC CIDER" SHALL MEAN A BEVERAGE WHICH MAY CONTAIN
CARBONATION IN AN AMOUNT NOT TO EXCEED SIX AND FOUR TENTHS GRAMS
PER LITER, PRODUCED THROUGH ALCOHOLIC FERMENTATION [OF ANY FRUIT
OR FRUIT JUICE] WHICH IS PRIMARILY DERIVED FROM APPLES, APPLE
JUICE CONCENTRATE AND WATER, PEARS OR PEAR JUICE CONCENTRATE AND
WATER, CONSISTING OF AT LEAST ONE-HALF OF ONE PER CENTUM, BUT
NOT GREATER THAN EIGHT AND ONE-HALF PER CENTUM, ALCOHOL BY
VOLUME AND SOLD OR OFFERED FOR SALE AS ALCOHOLIC CIDER AND NOT
AS A WINE, A WINE PRODUCT OR AS A SUBSTITUTE FOR WINE, IN
BOTTLES, CASES, KEGS, CANS OR OTHER SUITABLE CONTAINERS OF THE
TYPE USED FOR THE SALE OF MALT OR BREWED BEVERAGES IN THIS
COMMONWEALTH.
* * *
"FERMENTED FRUIT BEVERAGE" SHALL MEAN A BEVERAGE WHICH MAY
CONTAIN CARBONATION IN AN AMOUNT NOT TO EXCEED SIX AND FOUR
TENTHS GRAM PER LITER, PRODUCED THROUGH ALCOHOLIC FERMENTATION
OF FRUIT, FRUIT JUICE, FRUIT JUICE CONCENTRATE AND WATER WITH OR
WITHOUT FLAVORINGS, CONSISTING OF AT LEAST ONE-HALF OF ONE PER
CENTUM, BUT NOT GREATER THAN EIGHT AND ONE-HALF PER CENTUM,
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ALCOHOL BY VOLUME AND SOLD OR OFFERED FOR SALE NOT AS A WINE, A
WINE PRODUCT OR AS A SUBSTITUTE FOR WINE, IN BOTTLES, CASES,
KEGS, CANS OR OTHER SUITABLE CONTAINERS OF THE TYPE USED FOR THE
SALE OF MALT OR BREWED BEVERAGES IN THIS COMMONWEALTH.
* * *
"MIXED-USE TOWN CENTER DEVELOPMENT PROJECT" SHALL MEAN A
PLANNED DEVELOPMENT, WITH NO BUILDING CONSTRUCTION COMMENCED
PRIOR TO JULY 1, 2006, SITUATED ON NO FEWER THAN ONE HUNDRED
CONTIGUOUS ACRES, WITH AT LEAST ONE MILLION SQUARE FEET OF
ACTUAL OR PROPOSED DEVELOPMENT, WITH A MIX OF RETAIL,
HOSPITALITY, COMMERCIAL [AND] OR RESIDENTIAL USES, WITH
COMMUNITY FACILITIES AND WHICH HAS BEEN DESIGNATED AS A MIXED-
USE TOWN CENTER DEVELOPMENT PROJECT BY THE MUNICIPALITY IN WHICH
IT IS LOCATED. A MIXED-USE TOWN CENTER DEVELOPMENT PROJECT MAY
HAVE ONE OR MULTIPLE OWNERS AND MAY BE DEVELOPED IN ONE OR MORE
PHASES, ALL OF WHICH SHALL BE INCLUDED IN DETERMINING THE ACTUAL
OR PROPOSED DEVELOPMENT. IF THE SITE MEETS ADDITIONAL CRITERIA
STATED IN SECTION 461(B.4)(5), A PROJECT COMPRISING NINETY-FIVE
CONTIGUOUS ACRES WILL MEET THE SIZE REQUIREMENT IN THIS
DEFINITION.
* * *
"PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION
CENTER, MUSEUM, ZOO, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE
PUBLIC VENUE IS A CRUISE TERMINAL OWNED OR LEASED BY A PORT
AUTHORITY CREATED UNDER THE ACT OF JUNE 12, 1931 (P.L.575,
NO.200), ENTITLED "AN ACT PROVIDING FOR JOINT ACTION BY
PENNSYLVANIA AND NEW JERSEY IN THE DEVELOPMENT OF THE PORTS ON
THE LOWER DELAWARE RIVER, AND THE IMPROVEMENT OF THE FACILITIES
FOR TRANSPORTATION ACROSS THE RIVER; AUTHORIZING THE GOVERNOR,
FOR THESE PURPOSES, TO ENTER INTO AN AGREEMENT WITH NEW JERSEY;
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CREATING THE DELAWARE RIVER JOINT COMMISSION AND SPECIFYING THE
POWERS AND DUTIES THEREOF, INCLUDING THE POWER TO FINANCE
PROJECTS BY THE ISSUANCE OF REVENUE BONDS; TRANSFERRING TO THE
NEW COMMISSION ALL THE POWERS OF THE DELAWARE RIVER BRIDGE JOINT
COMMISSION; AND MAKING AN APPROPRIATION," IT SHALL HAVE NO
PERMANENT SEATING REQUIREMENT. IF THE PUBLIC VENUE IS AN OPEN-
AIR AMPHITHEATER OWNED BY A PORT AUTHORITY CREATED UNDER THE ACT
OF DECEMBER 6, 1972 (P.L.1392, NO.298), KNOWN AS THE "THIRD
CLASS CITY PORT AUTHORITY ACT," IT SHALL HAVE NO PERMANENT
SEATING REQUIREMENT. IF THE PUBLIC VENUE IS OWNED BY A POLITICAL
SUBDIVISION, A MUNICIPAL AUTHORITY, THE COMMONWEALTH, AN
AUTHORITY CREATED UNDER THE ACT OF JULY 29, 1953 (P.L.1034,
NO.270), KNOWN AS THE "PUBLIC AUDITORIUM AUTHORITIES LAW," AN
AUTHORITY CREATED UNDER ARTICLE XXV-A OF THE ACT OF JULY 28,
1953 (P.L.723, NO.230), KNOWN AS THE "SECOND CLASS COUNTY CODE,"
AN ART MUSEUM ESTABLISHED UNDER THE AUTHORITY OF THE ACT OF
APRIL 6, 1791 (3 SM.L.20, NO.1536), ENTITLED "AN ACT TO CONFER
ON CERTAIN ASSOCIATIONS OF THE CITIZENS OF THIS COMMONWEALTH THE
POWERS AND IMMUNITIES OF CORPORATIONS, OR BODIES POLITIC IN
LAW," [OR] AN AUTHORITY CREATED UNDER ARTICLE XXIII (N) OR (O)
OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE
COUNTY CODE," OR IT IS LOCATED IN A NEIGHBORHOOD IMPROVEMENT
ZONE CREATED UNDER ARTICLE XIX-B OF THE ACT OF MARCH 4, 1971
(P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, LOCATED IN
A CITY OF THE THIRD CLASS, IT SHALL HAVE PERMANENT SEATING FOR
AT LEAST ONE THOUSAND (1,000) PEOPLE; OTHERWISE, IT SHALL HAVE
PERMANENT SEATING FOR AT LEAST TWO THOUSAND (2,000) PEOPLE. THE
TERM SHALL ALSO MEAN ANY REGIONAL HISTORY CENTER, MULTIPURPOSE
CULTURAL AND SCIENCE FACILITY, MUSEUM OR CONVENTION OR TRADE
SHOW CENTER, REGARDLESS OF OWNER AND SEATING CAPACITY, THAT HAS
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A FLOOR AREA OF AT LEAST SIXTY THOUSAND (60,000) SQUARE FEET IN
ONE BUILDING. THE TERM SHALL ALSO MEAN A CONVENTION OR
CONFERENCE CENTER OWNED BY A CITY OF THE THIRD CLASS OR A
UNIVERSITY WHICH IS A MEMBER OF THE PENNSYLVANIA STATE SYSTEM OF
HIGHER EDUCATION WHICH IS OPERATED BY A UNIVERSITY FOUNDATION OR
ALUMNI ASSOCIATION, REGARDLESS OF SEATING CAPACITY, THAT HAS A
FLOOR AREA OF AT LEAST FIFTEEN THOUSAND (15,000) SQUARE FEET IN
ONE BUILDING. THE TERM SHALL ALSO MEAN A VISITOR CENTER,
REGARDLESS OF FLOOR AREA OR SEATING CAPACITY, THAT WAS
ESTABLISHED UNDER THE AUTHORITY OF THE GATEWAY VISITOR CENTER
AUTHORIZATION ACT OF 1999 (PUBLIC LAW 106-131, 113 STAT. 1678,
16 U.S.C. § 407M).
* * *
SECTION 2. SECTIONS 403(A), 406(D), 408.12(A), 412(F)(1),
413(F)(1), 415(F), 416, 436(B) AND 446(A) INTRODUCTORY PARAGRAPH
AND (2) OF THE ACT ARE AMENDED TO READ:
SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
LIQUOR LICENSES.--(A) EVERY APPLICANT FOR A HOTEL LIQUOR
LICENSE, RESTAURANT LIQUOR LICENSE OR CLUB LIQUOR LICENSE OR FOR
THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
LICENSED OR TO ANOTHER PERSON SHALL FILE A WRITTEN APPLICATION
WITH THE BOARD IN SUCH FORM AND CONTAINING SUCH INFORMATION AS
THE BOARD SHALL FROM TIME TO TIME PRESCRIBE, WHICH SHALL BE
ACCOMPANIED BY A FILING FEE AND AN ANNUAL LICENSE FEE AS
PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929
(P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
EVERY SUCH APPLICATION SHALL CONTAIN A DESCRIPTION OF THAT PART
OF THE HOTEL, RESTAURANT OR CLUB FOR WHICH THE APPLICANT DESIRES
A LICENSE AND SHALL SET FORTH SUCH OTHER MATERIAL INFORMATION,
DESCRIPTION OR PLAN OF THAT PART OF THE HOTEL, RESTAURANT OR
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CLUB WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE
REQUIRED BY THE REGULATIONS OF THE BOARD. THE DESCRIPTIONS,
INFORMATION AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW
THE HOTEL, RESTAURANT, CLUB, OR THE PROPOSED LOCATION FOR THE
CONSTRUCTION OF A HOTEL, RESTAURANT OR CLUB, AT THE TIME THE
APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO
BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED
AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE
OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES
NOT THEN LICENSED OR TO ANOTHER PERSON. NO PHYSICAL ALTERATIONS,
IMPROVEMENTS OR CHANGES SHALL BE REQUIRED TO BE MADE TO ANY
HOTEL, RESTAURANT OR CLUB, NOR SHALL ANY NEW BUILDING FOR ANY
SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL APPROVAL OF
THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF AN EXISTING
LICENSE TO ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER
PERSON BY THE BOARD. AFTER APPROVAL OF THE APPLICATION, THE
LICENSEE SHALL MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND
CHANGES TO THE LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW
BUILDING IN THE MANNER SPECIFIED BY THE BOARD AT THE TIME OF
APPROVAL, AND THE LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER
THE LICENSE UNTIL THE BOARD HAS APPROVED THE COMPLETED PHYSICAL
ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
OR THE COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING
TO THE SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF
ISSUANCE OR TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE
ESTABLISHMENT IS A RESTAURANT, HOTEL OR CLUB AS DEFINED BY THIS
ACT. THE BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR
CONSTRUCTION OR CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX
MONTHS FROM THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE. THE
TIME BETWEEN THE APPROVAL OF THE INITIAL APPLICATION AND
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ISSUANCE OF OPERATING AUTHORITY TO THE LICENSEE SHALL BE
CONSIDERED AS TIME IN SAFEKEEPING. FAILURE TO COMPLY WITH THESE
REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION OF THE
LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN THE TIME
OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL OF THE
COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND FULL
COMPLIANCE BY THE LICENSEE WITH THE REQUIREMENTS OF THIS ACT,
EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL
COMPLIANCE [WITH ALL OF THE AFOREMENTIONED REQUIREMENTS OR
UNLESS FULL COMPLIANCE IS IMPOSSIBLE FOR REASONS BEYOND THE
LICENSEE'S CONTROL, IN WHICH EVENT, THE LICENSE MAY BE
TRANSFERRED BY THE BOARD AS PROVIDED IN THIS ACT.], UNLESS THE
TRANSFER APPLICATION IS ACCOMPANIED BY A SURCHARGE. THE
SURCHARGE SHALL BE TWENTY THOUSAND DOLLARS ($20,000) IF THE
LICENSE IS LOCATED IN A COUNTY OF THE FIRST THROUGH FOURTH
CLASS, AND THE SURCHARGE SHALL BE FIVE THOUSAND DOLLARS ($5,000)
IF THE LICENSE IS LOCATED IN A COUNTY OF THE FIFTH THROUGH
EIGHTH CLASS.
* * *
SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--* * *
(D) SUBJECT TO SECTION 412, LICENSED PUBLIC VENUES MAY SELL
LIQUOR AND MALT OR BREWED BEVERAGES ON SUNDAYS FROM [ELEVEN] TEN
O'CLOCK ANTEMERIDIAN UNTIL MIDNIGHT WITHOUT THE NEED TO ACQUIRE
OR QUALIFY FOR A SPECIAL PERMIT. IN ADDITION, SUBJECT TO SECTION
413, LICENSED PERFORMING ARTS FACILITIES MAY SELL LIQUOR AND
MALT OR BREWED BEVERAGES ON SUNDAYS FROM [ONE O'CLOCK
POSTMERIDIAN] TEN O'CLOCK ANTEMERIDIAN UNTIL TEN O'CLOCK
POSTMERIDIAN WITHOUT THE NEED TO ACQUIRE OR QUALIFY FOR A
SPECIAL PERMIT.
* * *
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SECTION 408.12. WINE AND SPIRITS AUCTION PERMITS.--(A) UPON
APPLICATION OF:
(1) ANY NONPROFIT HOSPITAL;
(2) ANY NONPROFIT PUBLIC TELEVISION STATION WHICH IS A
MEMBER OF THE PENNSYLVANIA PUBLIC TELEVISION NETWORK;
(3) ANY ORCHESTRA LOCATED IN A COUNTY OF THE FIRST, SECOND
OR THIRD CLASS WHICH IS OPERATED BY A NONPROFIT CORPORATION;
(4) ANY MUSEUM LOCATED IN A COUNTY OF THE FIRST, SECOND,
THIRD OR FOURTH CLASS WHICH IS OPERATED BY A NONPROFIT
CORPORATION;
(5) ANY NONPROFIT CORPORATION LOCATED IN ANY COUNTY OF THE
THIRD CLASS WHICH TRAINS AND PLACES DOGS FOR PEOPLE WHO ARE
PHYSICALLY HANDICAPPED;
(6) ANY NATIONALLY RECOGNIZED COMMUNITY-BASED VOLUNTARY
HEALTH ORGANIZATION COMMITTED TO FIGHTING CANCER [WHICH HAS BEEN
IN EXISTENCE FOR AT LEAST NINETY YEARS];
(7) ANY NATIONALLY RECOGNIZED EMERGENCY RESPONSE
ORGANIZATION THAT OFFERS HUMANITARIAN CARE TO VICTIMS OF WAR OR
NATURAL DISASTER AND HAS BEEN IN EXISTENCE FOR AT LEAST ONE
HUNDRED TWENTY-FIVE YEARS;
(8) ANY NATIONALLY RECOGNIZED ORGANIZATION WHOSE PURPOSE IS
TO SERVE AS AN AGENT TO COLLECT FUNDS FOR LOCAL CHARITIES, AS
WELL AS TO COORDINATE RELIEF SERVICES, COUNSEL AND REFER CLIENTS
TO COOPERATING AGENCIES AND MAKE EMERGENCY ASSISTANCE GRANTS AND
HAS BEEN IN EXISTENCE FOR AT LEAST ONE HUNDRED TWENTY YEARS;
(9) ANY HOSPICE AS DEFINED UNDER SECTION 802.1 OF THE ACT OF
JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE "HEALTH CARE
FACILITIES ACT";
(10) INSTITUTION OF HIGHER EDUCATION;
(11) ANY NATIONALLY RECOGNIZED COMMUNITY-BASED HEALTH
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ORGANIZATION COMMITTED TO FUNDING TYPE 1 DIABETES RESEARCH; [OR
(12) ANY NATIONALLY RECOGNIZED COMMUNITY-BASED VOLUNTARY
HEALTH ORGANIZATION COMMITTED TO FIGHTING CANCER WHICH HAS BEEN
IN EXISTENCE FOR AT LEAST TWENTY YEARS;]
(13) ANY COMMUNITY-BASED VOLUNTARY HEALTH ORGANIZATION IN A
COUNTY OF THE SECOND CLASS WHICH ENRICHES THE LIVES OF CHILDREN
AND ADULTS WITH DISABILITIES AND CHRONIC ILLNESSES; OR
(14) ANY NONPROFIT ORGANIZATION LOCATED IN ANY COUNTY OF THE
THIRD CLASS ESTABLISHED TO PROVIDE GENERAL SUPPORT AND FOOD
ASSISTANCE FOR STUDENTS IN PRE-KINDERGARTEN THROUGH TWELFTH
GRADE;
AND UPON PAYMENT OF A FEE OF THIRTY DOLLARS ($30) PER DAY, THE
BOARD SHALL ISSUE A WINE AND SPIRITS AUCTION PERMIT GOOD FOR A
PERIOD OF NOT MORE THAN FOUR CONSECUTIVE OR NONCONSECUTIVE DAYS
PER CALENDAR YEAR.
* * *
SECTION 412. PUBLIC VENUE LICENSE.--* * *
(F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED
RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL
RESTRICTIONS AND PRIVILEGES APPLY:
(1) SALES MAY ONLY BE MADE ONE HOUR BEFORE, DURING AND ONE
HOUR AFTER ANY ATHLETIC PERFORMANCE, PERFORMING ARTS EVENT,
TRADE SHOW, CONVENTION, BANQUET OR ANY OTHER PERFORMANCE AT THE
FACILITY; HOWEVER, SALES MAY NOT BE MADE FROM TWO O'CLOCK
ANTEMERIDIAN TO SEVEN O'CLOCK ANTEMERIDIAN. IN ADDITION, SALES
MAY NOT OCCUR PRIOR TO [ELEVEN] TEN O'CLOCK ANTEMERIDIAN ON
SUNDAYS OR SEVEN O'CLOCK ANTEMERIDIAN ON MONDAYS.
NOTWITHSTANDING THIS SECTION, FACILITIES THAT HAD BEEN LICENSED