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A01710
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1154
Session of
2021
INTRODUCED BY MASSER, ROTHMAN, T. DAVIS, POLINCHOCK, MILLARD,
KEEFER, COOK, SCHWEYER AND ROWE, APRIL 12, 2021
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 4, 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.
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,
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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
Pennsylvania Liquor Stores, further providing for sales by
Pennsylvania Liquor Stores; and, in licenses and regulations,
liquor, alcohol and malt and brewed beverages, further
providing for heading of article, for authority to issue
liquor licenses to hotels, restaurants and clubs, for sales
by liquor licensees and restrictions, for secondary service
area, for sale of malt or brewed beverages by liquor
licensees, for public service liquor licenses, for liquor
importers' licenses, fees, privileges and restrictions, for
public venue license, for performing arts facility license,
for continuing care retirement community retail licenses and
for casino liquor license, for prepared beverages and mixed
drinks for off-premises consumption during disaster
emergency, further providing for malt and brewed beverages
manufacturers', distributors' and importing distributors'
licenses, for sales by manufacturers of malt or brewed
beverages and minimum quantities and for distributors' and
importing distributors' restrictions on sales, storage, etc,
providing for safekeeping and further providing for unlawful
acts relative to malt or brewed beverages and licensees.
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:
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
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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).
(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.
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(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
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
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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:
[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.
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(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
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
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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.
(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
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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.
Section 1. Section 102 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding
definitions 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:
* * *
"Ready-to-drink cocktail" shall mean a beverage, composed in
part of spirits, combined with other nonalcoholic ingredients,
carbonated or still, by whatever name such beverage may be
called, premixed and packaged in original containers, containing
not more than sixteen ounces, provided that it is not mixed or
adulterated on the licensed premises of a licensee. It shall
mean any beverage consisting of at least one-half of one per
centum, but not greater than twelve and one-half per centum,
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alcohol by volume. It shall not mean any beverage composed, in
part, of wine or malt or brewed beverages. It shall be treated
like liquor unless the context clearly indicates otherwise.
* * *
"Spirits" shall mean any beverage which contains alcohol
obtained by distillation, mixed with water or other substances
in solution, and includes brandy, rum, whiskey, gin or other
spirituous liquors and such liquors when rectified, blended or
otherwise mixed with alcohol or other substances.
* * *
Section 2. Section 305(b) of the act is amended and the
section is amended by adding a subsection to read:
Section 305. Sales by Pennsylvania Liquor Stores.--* * *
(b) Every Pennsylvania Liquor Store shall sell liquors at
wholesale to hotels, restaurants, clubs, and railroad, pullman
and steamship companies licensed under this act; and, under the
regulations of the board, to pharmacists duly licensed and
registered under the laws of the Commonwealth, and to
manufacturing pharmacists, and to reputable hospitals approved
by the board, or chemists. Sales to licensees shall be made at a
price that includes a discount of ten per centum from the retail
price; except that special order sales to licensees authorized
in subsection (a) shall not be subject to the ten per centum
discount. Ready-to-drink cocktails as defined in section 102
shall not be subject to the ten per centum discount. The board
may sell to registered pharmacists only such liquors as conform
to the Pharmacopoeia of the United States, the National
Formulary, or the American Homeopathic Pharmacopoeia. The board
may sell at special prices under the regulations of the board,
to United States Armed Forces facilities which are located on
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United States Armed Forces installations and are conducted
pursuant to the authority and regulations of the United States
Armed Forces. All other sales by such stores shall be at retail,
except that incentives, such as coupons or discounts on certain
products, may be offered to unlicensed customers of the board as
provided under sections 207(m) and 493(24)(ii)(B). A person
entitled to purchase liquor at wholesale prices may purchase the
liquor at any Pennsylvania Liquor Store upon tendering cash,
check or credit card for the full amount of the purchase. For
this purpose, the board shall issue a discount card to each
licensee identifying such licensee as a person authorized to
purchase liquor at wholesale prices. Such discount card shall be
retained by the licensee. The board may contract through the
Commonwealth bidding process for delivery to wholesale licensees
at the expense of the licensee receiving the delivery.
* * *
(l) Pennsylvania Liquor Stores may sell ready-to-drink
cocktails but are not restricted to the ready-to-drink cocktail
container limits or alcohol by volume limits per the definition
in section 102.
Section 3. Article IV heading and section 401(a) of the act
are amended to read:
ARTICLE IV.
LICENSES AND REGULATIONS; LIQUOR, ALCOHOL AND
MALT AND BREWED BEVERAGES
AND READY-TO-DRINK COCKTAILS.
Section 401. Authority to Issue Liquor Licenses to Hotels,
Restaurants and Clubs.--(a) Subject to the provisions of this
act and regulations promulgated under this act, the board shall
have authority to issue a retail liquor license for any premises
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kept or operated by a hotel, restaurant or club and specified in
the license entitling the hotel, restaurant or club to purchase
liquor from a Pennsylvania Liquor Store and to keep on the
premises such liquor and, subject to the provisions of this act
and the regulations made thereunder, to sell the same and also
malt or brewed beverages to guests, patrons or members for
consumption on the hotel, restaurant or club premises. Such
licensees, other than clubs, shall be permitted to sell malt or
brewed beverages for consumption off the premises where sold in
quantities of not more than one hundred ninety-two fluid ounces
in a single sale to one person as provided for in section 407.
In addition, such licensees, other than clubs, shall be
permitted to sell ready-to-drink cocktails for off-premises
consumption where sold in quantities of not more than one
hundred ninety-two fluid ounces in a single sale to one person
in the same manner as malt or brewed beverages as provided for
in section 407. Such licenses shall be known as hotel liquor
licenses, restaurant liquor licenses and club liquor licenses,
respectively. No person who holds any public office that
involves the duty to enforce any of the penal laws of the United
States, this Commonwealth or of any political subdivision of
this Commonwealth may have any interest in a hotel or restaurant
liquor license. This prohibition applies to anyone with arrest
authority, including, but not limited to, United States
attorneys, State attorneys general, district attorneys, sheriffs
and police officers. This prohibition shall also apply to
magisterial district judges, judges or any other individuals who
can impose a criminal sentence. This prohibition does not apply
to members of the General Assembly, township supervisors, city
councilpersons, mayors without arrest authority and any other
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public official who does not have the ability to arrest or the
ability to impose a criminal sentence. This section does not
apply if the proposed premises are located outside the
jurisdiction of the individual in question.
* * *
Section 4. Section 406(a), (c), (d), (e) and (f)
introductory paragraph of the act are amended and the section is
amended by adding subsections to read:
Section 406. Sales by Liquor Licensees; Restrictions.--(a)
(1) Every hotel, restaurant or club liquor licensee may sell
liquor, ready-to-drink cocktails and malt or brewed beverages by
the glass, open bottle or other container, and in any mixture,
for consumption only in that part of the hotel or restaurant
habitually used for the serving of food to guests or patrons, or
in a bowling alley that is immediately adjacent to and under the
same roof as a restaurant, and in the case of hotels, to guests,
and in the case of clubs, to members, in their private rooms in
the hotel or club. No club licensee nor its officers, servants,
agents or employes, other than one holding a catering license,
shall sell any liquor, ready-to-drink cocktails or malt or
brewed beverages to any person except a member of the club. The
holder of a restaurant license located in a hotel may sell
liquor, ready-to-drink cocktails or malt or brewed beverages for
consumption in that part of the restaurant habitually used for
the serving of meals to patrons and also to guests in private
guest rooms in the hotel. For the purpose of this paragraph, any
person who is an active member of another club which is
chartered by the same state or national organization shall have
the same rights and privileges as members of the particular
club. For the purpose of this paragraph, any person who is an
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active member of any volunteer firefighting company, association
or group of this Commonwealth, whether incorporated or
unincorporated, shall upon the approval of any club composed of
volunteer firemen licensed under this act, have the same social
rights and privileges as members of such licensed club. For the
purposes of this paragraph, the term "active member" shall not
include a social member. Any club licensee which is either an
incorporated unit of a national veterans' organization or an
affiliated organization as defined in section 461.1 shall be
permitted to sell liquor, ready-to-drink cocktails or malt or
brewed beverages to any active member of another unit which is
chartered by the same national veterans' organization or to any
member of a nationally chartered auxiliary associated with the
same national veterans' organization.
(2) Hotel and restaurant liquor licensees, municipal golf
course restaurant liquor licensees and privately-owned public
golf course restaurant licensees may sell liquor, ready-to-drink
cocktails and malt or brewed beverages only after seven o'clock
antemeridian of any day until two o'clock antemeridian of the
following day, except Sunday, and except as hereinafter
provided, may sell liquor, ready-to-drink cocktails and malt or
brewed beverages on Sunday between the hours of twelve o'clock
midnight and two o'clock antemeridian. No sales of ready-to-
drink cocktails 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 following day.
(2.1) Airport restaurant liquor licensees may sell liquor,
ready-to-drink cocktails and malt or brewed beverages only after
five o'clock antemeridian of any day and until two o'clock
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antemeridian of the following day.
(3) Hotel and restaurant liquor licensees, municipal golf
course restaurant liquor licensees and privately-owned public
golf course restaurant licensees may sell liquor, ready-to-drink
cocktails and malt or brewed beverages on Sunday between the
hours of nine o'clock antemeridian and two o'clock antemeridian
Monday upon purchase of a special permit from the board at an
annual 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." Airport restaurant liquor licensees may sell liquor,
ready-to-drink cocktails and malt or brewed beverages on Sunday
between the hours of five o'clock antemeridian and two o'clock
antemeridian Monday upon purchase of a special permit from the
board at an annual 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." No sales of ready-to-drink cocktails 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 following day.
(4) Hotel and restaurant liquor licensees, municipal golf
course restaurant liquor licensees and privately-owned public
golf course restaurant licensees which do not qualify for and
purchase such special permit, their servants, agents or employes
may sell liquor, ready-to-drink cocktails and malt or brewed
beverages only after seven o'clock antemeridian of any day and
until two o'clock antemeridian of the following day, and shall
not sell after two o'clock antemeridian on Sunday. No club
licensee or its servants, agents or employes may sell liquor,
ready-to-drink cocktails or malt or brewed beverages between the
hours of three o'clock antemeridian and seven o'clock
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antemeridian on any day. No public service liquor licensee or
its servants, agents, or employes may sell liquor, ready-to-
drink cocktails or malt or brewed beverages between the hours of
two o'clock antemeridian and seven o'clock antemeridian on any
day. No sales of ready-to-drink cocktails 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 following day.
(6) Notwithstanding any provisions to the contrary, whenever
the thirty-first day of December falls on a Sunday, every hotel
or restaurant liquor licensee, their servants, agents or
employes may sell liquor, ready-to-drink cocktails and malt or
brewed beverages on any such day after one o'clock postmeridian
and until two o'clock antemeridian of the following day. No
sales of ready-to-drink cocktails 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 following day.
(6.1) Notwithstanding any provisions to the contrary,
whenever Saint Patrick's Day falls on a Sunday, every hotel or
restaurant liquor licensee, their servants, agents or employes
may sell liquor, ready-to-drink cocktails and malt or brewed
beverages on any such day after seven o'clock antemeridian and
until two o'clock antemeridian of the following day. No sales of
ready-to-drink cocktails 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 following day.
(7) Notwithstanding any other provision of this act, if
Groundhog Day falls on a Sunday, a hotel or restaurant licensee
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or the hotel or restaurant licensee's servants, agents or
employes may sell liquor, ready-to-drink cocktails and malt or
brewed beverages on that day after seven o'clock antemeridian
and until two o'clock antemeridian of the following day. No
sales of ready-to-drink cocktails 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 following day.
* * *
(c) Notwithstanding any provision of this act, on the Sunday
on which the sporting event commonly referred to as the "Super
Bowl" is conducted, licensees who do not possess the special
annual permit provided for in subsection (a)(3), their servants,
agents or employes may sell liquor, ready-to-drink cocktails and
malt or brewed beverages on such Sunday after one o'clock
postmeridian and until two o'clock antemeridian of the following
day. No sales of ready-to-drink cocktails 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 following day.
(d) Subject to section 412, licensed public venues may sell
liquor, ready-to-drink cocktails 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, ready-to-drink cocktails and malt or
brewed beverages on Sundays from ten o'clock antemeridian until
ten o'clock postmeridian without the need to acquire or qualify
for a special permit.
(e) (1) The holder of a hotel license or the holder of a
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restaurant license located in a hotel may allow persons to
transport liquor, ready-to-drink cocktails or malt or brewed
beverages from the licensed portion of the premises to the
unlicensed portion of the premises, so long as the liquor,
ready-to-drink cocktails or malt or brewed beverages remain on
the hotel property. In addition, a holder of a restaurant or
club license located on a golf course may sell, furnish or give
liquor, ready-to-drink cocktails or malt or brewed beverages on
the unlicensed portion of the golf course so long as the liquor,
ready-to-drink cocktails or malt or brewed beverages remain on
the restaurant, club or golf course. The holder of a restaurant
license located immediately adjacent to and under the same roof
of a bowling center may allow persons to transport liquor,
ready-to-drink cocktails or malt or brewed beverages from the
licensed portion of the premises to the unlicensed portion of
the premises, so long as the liquor, ready-to-drink cocktails or
malt or brewed beverages remain within the bowling center. In
addition, the holder of a hotel license or a restaurant license
may allow persons who have purchased but only partially consumed
a bottle of wine on the premises to remove the bottle from the
premises so long as the bottle was purchased in conjunction with
a meal which was consumed on the premises and so long as the
bottle is resealed. For purposes of this subsection, "wine"
shall have the meaning given to it under section 488(i). For
purposes of this section and section 432, "meal" shall mean food
prepared on the premises, sufficient to constitute breakfast,
lunch or dinner; it shall not mean a snack, such as pretzels,
popcorn, chips or similar food.
(2) A holder of a restaurant or club license located on a
golf course may store liquor, ready-to-drink cocktails or malt
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or brewed beverages in a permanent facility on the unlicensed
portion of the golf course so long as the liquor, ready-to-drink
cocktails or malt or brewed beverages remain on the restaurant,
club or golf course without regard to whether there is any
intervening public thoroughfare.
(f) The holder of a hotel or restaurant liquor license may
obtain an off-premises catering permit subject to section
493(33) to hold a catered function off the licensed premises and
on otherwise unlicensed premises where the licensee may sell
wine, liquor, ready-to-drink cocktails and malt or brewed
beverages by the glass, open bottle or other container, and in
any mixture together with food, for consumption on those
premises. Functions conducted under the authority of the permit
shall be subject to the following:
* * *
(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).
(2) The following licensees are prohibited from selling
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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) 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
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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" shall mean 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" shall mean a retail establishment offering
a wide range of consumer goods in different areas of the store,
which may include food items.
"Grocery store" shall mean 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" 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).
(k) Liquor and wine in the possession of a licensee at the
time the licensed business closes permanently may be sold to
another licensee qualified to sell such products. The licensee
shall notify the board in writing advising the board 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
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licensee.
Section 5. Section 406.1(a) of the act is amended to read:
Section 406.1. Secondary Service Area.--(a) Upon
application of any restaurant, hotel, club, municipal golf
course liquor licensee, distillery, limited distillery or
manufacturer of malt or brewed beverages or manufacturer of
ready-to-drink cocktails, and payment of the appropriate fee,
the board may approve a secondary service area by extending the
licensed premises to include one additional permanent structure
with dimensions of at least one hundred seventy-five square
feet, enclosed on three sides and having adequate seating. Such
secondary service area must be located on property having a
minimum area of one (1) acre, and must be on land which is
immediate, abutting, adjacent or contiguous to the licensed
premises with no intervening public thoroughfare; however, the
original licensed premises and the secondary service area must
be located on the same tract of land. The board shall have
discretion to refuse the application for a secondary service
area in the same manner it has discretion to refuse an
application for transfer of the license to a new location as set
forth in section 404. There shall be no requirement that the
secondary service area be physically connected to the original
licensed premises. In addition, there shall be no requirement
that the secondary service area be located in the same
municipality as the original licensed premises, provided,
however, that the board shall not approve a secondary service
area in this case if that secondary service area is located in
any municipality where the granting of liquor licenses has been
prohibited as provided in this article. Notwithstanding 40 Pa.
Code § 7.21, the licensee shall be permitted to store, serve,
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sell or dispense food, liquor, ready-to-drink cocktails and malt
or brewed beverages at the board approved secondary service
area.
* * *
Section 6. Section 407 heading and (a)(1) and (2) of the
act, amended June 5, 2020 (P.L.213, No.29), are amended to read:
Section 407. Sale of Malt or Brewed Beverages and Ready-to-
Drink Cocktails by Liquor Licensees.--(a) (1) Every liquor
license issued to a hotel, restaurant, club, or a railroad,
pullman or steamship company under this subdivision (A) for the
sale of liquor shall authorize the licensee to sell malt or
brewed beverages and ready-to-drink cocktails at the same places
but subject to the same restrictions and penalties as apply to
sales of liquor, except that licensees other than clubs may sell
malt or brewed beverages for consumption off the premises where
sold in quantities of not more than one hundred ninety-two fluid
ounces in a single sale to one person. The sales may be made in
either open or closed containers, Provided, however, That a
municipality may adopt an ordinance restricting open containers
in public places. In addition, licensees, other than clubs, may
sell ready-to-drink cocktails for off-premises consumption where
sold in quantities of not more than one hundred ninety-two fluid
ounces in a single sale to one person. No licensee under this
subdivision (A) shall at the same time be the holder of any
other class of license, except a retail dispenser's license
authorizing the sale of malt or brewed beverages only. Sales of
malt or brewed beverages must occur on the licensed premises.
(2) If a restaurant liquor license holder has an interior
connection to another business that it operates, the restaurant
liquor license holder may use one or more of the registers in
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the other business to sell malt or brewed beverages and ready-
to-drink cocktails for off-premises consumption under the
following conditions:
(i) the building is eleven thousand square feet or less;
(ii) the registers are located in the same building as the
licensed premises;
(iii) the registers comply with the signage, staffing,
training, carding, scanning and prohibition on the sharing of
data provisions of section 415(a)(8) and (9); and
(iv) the board has been provided notice of compliance with
this paragraph by the restaurant liquor license holder,
including square footage of the building and the location of the
specific registers to be used prior to their use.
* * *
Section 7. Section 408(a) and (e) of the act are amended to
read:
Section 408. Public Service Liquor Licenses.--(a) Subject
to the provisions of this act and regulations promulgated under
this act, the board, upon application, shall issue retail liquor
licenses to railroad or pullman companies permitting liquor,
ready-to-drink cocktails and malt or brewed beverages to be sold
in dining, club or buffet cars to passengers for consumption
while enroute on such railroad, and may issue retail liquor
licenses to steamship companies permitting liquor, ready-to-
drink cocktails or malt or brewed beverages to be sold in the
dining compartments of steamships or vessels wherever operated
in the Commonwealth, except when standing or moored in stations,
terminals or docks within a municipality wherein sales of liquor
for consumption on the premises are prohibited, and may further
issue retail liquor licenses to airline companies permitting
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liquor, ready-to-drink cocktails or malt or brewed beverages to
be sold to passengers for consumption while enroute on such
airline. Such licenses shall be known as public service liquor
licenses. The board may issue a master license to railroad or
pullman companies to cover the maximum number of cars which the
company shall estimate that it will operate within the
Commonwealth on any one day. Such licensees shall file monthly
reports with the board showing the maximum number of cars
operated in any one day during the preceding month, and if it
appears that more cars have been operated than covered by its
license it shall forthwith remit to the board the sum of twenty
dollars for each extra car so operated.
* * *
(e) Except as otherwise specifically provided, sales of
liquor, ready-to-drink cocktails and malt or brewed beverages by
the aforesaid public service company licensees shall be made in
accordance with, and shall be subject to, the provisions of this
act relating to the sale of liquors by restaurant licensees.
Section 8. Section 410(e) of the act is amended and the
section is amended by adding a subsection to read:
Section 410. Liquor Importers' Licenses; Fees; Privileges;
Restrictions.--* * *
(e) Importers' licenses shall permit the holders thereof to
bring or import liquor and ready-to-drink cocktails from other
states, foreign countries, or insular possessions of the United
States, and purchase liquor from manufacturers located within
this Commonwealth, to be sold outside of this Commonwealth or to
Pennsylvania Liquor Stores within this Commonwealth, or when in
original containers of ten gallons or greater capacity, to
licensed manufacturers within this Commonwealth.
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All importations of liquor into Pennsylvania by the licensed
importer shall be consigned to the board or the principal place
of business or authorized place of storage maintained by the
licensee.
* * *
(i) The holder of an importer's license may sell and deliver
ready-to-drink cocktails to licensed importers, distributors,
importing distributors, hotels, restaurants and clubs. The sale
of ready-to-drink cocktails shall be subject to section 431.
Section 9. Sections 412(f) and (g), 413(f), 414(b)(1), (2),
(3) and (4) and 416(a), (e) and (i)(1), (2), (3) and (4) of the
act are amended to read:
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 o'clock antemeridian on Sundays or
seven o'clock antemeridian on Mondays. Notwithstanding this
section, facilities that had been licensed under former sections
408.9 and 408.14 may sell liquor, ready-to-drink cocktails
and/or malt or brewed beverages anytime except from two o'clock
antemeridian to seven o'clock antemeridian or prior to eleven
o'clock antemeridian on Sundays or seven o'clock antemeridian on
Mondays, regardless of whether there is a performance at the
facility.
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(2) Sales of alcoholic beverages before, during and after
professional and amateur athletic events, performing arts events
or other entertainment events may consist of liquor, ready-to-
drink cocktails or malt or brewed beverages in shatterproof
containers. Sales during trade shows, conventions, banquets or
at other events, or sales made in the club seats or at a
restaurant facility, may consist of liquor, ready-to-drink
cocktails or malt or brewed beverages in any type of container;
however, any liquor, ready-to-drink cocktails or malt or brewed
beverages sold in the club seats or restaurant facility must
remain in the club seating level or restaurant facility. For
purposes of this section, a club seat is any seating located on
the designated club seating level and partitioned from general
seating by a wall, divider, partial wall or railing. The club
seating level must not be accessible by the general public.
Sales at zoos during private banquets and other events may be at
any site within zoo property and may consist of any type of
alcohol in any type of container. The board's records shall
clearly delineate where the sale of liquor, ready-to-drink
cocktails or malt or brewed beverages in any type of container
may occur.
(3) Sales of ready-to-drink cocktails and malt or brewed
beverages for off-premises consumption are prohibited.
(4) Licenses issued under this section shall not be subject
to: (i) the proximity provisions of sections 402 and 404; (ii)
the quota restrictions of section 461; (iv) the provisions of
section 493(10) except as they relate to lewd, immoral or
improper entertainment; (v) the prohibition against minors
frequenting as described in section 493(14) and (vi) the cost
and total display area limitations of section 493(20)(i). In
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addition, licenses issued under this section shall not be
subject to the provisions defining "restaurant" in section 102.
(g) The board may issue multiple licenses under this section
for use in a public venue with permanent seating of at least
thirty-five thousand people. If the board does issue more than
one license for a specific public venue, written notice of the
event must be provided to the enforcement bureau at least forty-
eight hours in advance of the dispensing of any liquor, ready-
to-drink cocktails or malt or brewed beverages. The notice shall
include the date, time and specific licensed areas to be used.
No more than one license issued under this section shall be in
effect at any location at any time of day at the same time.
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, ready-to-drink cocktails 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 antemeridian to seven o'clock
antemeridian. In addition, sales may not occur prior to 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, ready-to-drink
cocktails 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.
(2) Sales of ready-to-drink cocktails and malt or brewed
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beverages for off-premises consumption are prohibited.
* * *
Section 414. Continuing Care Retirement Community Retail
Licenses.--* * *
(b) Licenses issued under this section are restaurant liquor
licenses for all purposes except as provided herein. However,
the following additional restrictions and privileges apply:
(1) Licenses issued under this section are not subject to
the quota restrictions of section 461.
(2) Sales of liquor, ready-to-drink cocktails and malt or
brewed beverages may not occur from two o'clock antemeridian to
seven o'clock antemeridian. In addition, sales may not occur
prior to one o'clock postmeridian or after ten o'clock
postmeridian on Sunday.
(3) Liquor, ready-to-drink cocktails and malt or brewed
beverages sold or furnished by the licensee may be possessed
anywhere within the continuing care retirement community
regardless of whether that portion of the premises is licensed.
However, no liquor, ready-to-drink cocktails or malt or brewed
beverages sold or furnished by the licensee may be taken beyond
the confines of the continuing care retirement community.
(4) Sales of liquor, ready-to-drink cocktails or malt or
brewed beverages may occur in those portions of the premises
licensed by the board as well as in rooms that are lived in or
used by residents of the continuing care retirement community.
Sales of liquor, ready-to-drink cocktails and malt or brewed
beverages are limited to residents of the continuing care
retirement community and the guests of residents in conjunction
with the normal, regularly scheduled dining, entertainment or
social activities of the continuing care retirement community.
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* * *
Section 416. Casino Liquor License.--(a) Notwithstanding
any provision of law or regulation, a slot machine licensee or
an affiliated designee holding a restaurant liquor or eating
place retail dispenser license and which sells liquor, ready-to-
drink cocktails or malt or brewed beverages at or adjacent to a
gaming facility under this act may apply to the board for a
casino liquor license. The board may issue a casino liquor
license to a slot machine licensee for use at the casino liquor
licensee's licensed facility in accordance with this section.
* * *
(e) Notwithstanding any other provision of law, a holder of
a casino liquor license may sell or serve liquor, ready-to-drink
cocktails and malt or brewed beverages twenty-four (24) hours a
day, seven (7) days a week.
* * *
(i) In addition to any other restrictions and privileges, a
casino liquor license shall be subject to the following:
(1) Sales may be made at any time the facility is open to
the public.
(2) Liquor, ready-to-drink cocktails or malt or brewed
beverages may be transported and consumed off the gaming floor
if the liquor, ready-to-drink cocktails or malt or brewed
beverage remains within the premises of the licensed facility.
(3) Sales of ready-to-drink cocktails and malt or brewed
beverages for off-premises consumption are prohibited.
(4) In addition to the provisions of section 493(24)(ii),
the holder of a casino liquor license may give liquor, ready-to-
drink cocktails and malt or brewed beverages free of charge to
any person attending an invitation-only event held anywhere on
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