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A00910
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1154
Session of
2021
INTRODUCED BY MASSER, ROTHMAN, T. DAVIS, POLINCHOCK, MILLARD,
KEEFER, COOK AND SCHWEYER, APRIL 12, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 12, 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
read:
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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
permit authorized under subsection (a)(3) and section 432(f).
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(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).
(5) A licensee selling prepared beverages or mixed drinks
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for off-premises consumption shall prominently post a warning
sign in a manner that puts consumers on notice of the
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).
Section 3 2. Section 417 of the act is repealed:
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[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."
(4) For purposes of selling prepared beverages and mixed
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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
sign in a manner that puts consumers on notice of the
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
per centum (60%) capacity.
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(c) A licensee may sell liquor to another licensee qualified
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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