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A01049
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
194
Session of
2021
INTRODUCED BY J. WARD, PHILLIPS-HILL, YAW, AUMENT, MENSCH,
STEFANO AND MASTRIANO, FEBRUARY 10, 2021
REFERRED TO LAW AND JUSTICE, FEBRUARY 10, 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
licenses and regulations and liquor, alcohol and malt and
brewed beverages, further providing for authority to issue
liquor licenses to hotels, restaurants and clubs, for sales
by liquor licensees and restrictions, for sale of malt or
brewed beverages by liquor licensees, for retail dispensers'
restrictions on purchases and sales, for unlawful acts
relative to malt or brewed beverages and licensees and for
premises to be vacated by patrons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 401(a) and 406(a)(4) of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended
to read:
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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
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 subject to the restriction in
section 406(a)(4)(ii),] 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.
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 406. Sales by Liquor Licensees; Restrictions.--(a)
* * *
(4) (i) 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 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 or malt or brewed
beverages between the hours of three o'clock antemeridian and
seven o'clock antemeridian on any day. No public service liquor
licensee or its servants, agents, or employes may sell liquor or
malt or brewed beverages between the hours of two o'clock
antemeridian and seven o'clock antemeridian on any day.
(ii) No club licensee or its servants, agents or employes
may sell liquor or malt or brewed beverages for off-premises
consumption between the hours of two o'clock antemeridian and
seven o'clock antemeridian on any day during the time period
covered by 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 .
* * *
Section 2. Sections 407(a)(1) and 442(a)(1)(i) of the act,
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amended June 5, 2020 (P.L.213, No.29), are amended to read:
Section 407. Sale of Malt or Brewed Beverages 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 at the
same places but subject to the same restrictions and penalties
as apply to sales of liquor, except that licensees [other than
clubs] subject to the restriction in section 406(a)(4)(ii) 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. 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.
* * *
Section 442. Retail Dispensers' Restrictions on Purchases
and Sales.--(a) (1) (i) No retail dispenser shall purchase or
receive any malt or brewed beverages except in original
containers as prepared for the market by the manufacturer at the
place of manufacture. The retail dispenser may thereafter break
the bulk upon the licensed premises and sell or dispense the
same for consumption on or off the premises so licensed. No
retail dispenser may sell malt or brewed beverages for
consumption off the premises in quantities in excess of one
hundred ninety-two fluid ounces. Sales may be made in open or
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closed containers, Provided, however, That a municipality may
adopt an ordinance restricting open containers in public places.
No club licensee may sell any malt or brewed beverages for
consumption off the premises [where sold, except during the time
period covered by 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, or] to persons not members of the club. Sales of malt
or brewed beverages must occur on the licensed premises.
* * *
Section 3. Sections 492(7) and 499(a.1)(4) of the act are
amended to read:
Section 492. Unlawful Acts Relative to Malt or Brewed
Beverages and Licensees.--
It shall be unlawful--
* * *
(7) (i) Clubs Selling Between Three O'Clock Antemeridian
and Seven O'Clock Antemeridian. For any club retail dispenser,
or its servants, agents or employes, to sell malt or brewed
beverages between the hours of three o'clock antemeridian and
seven o'clock antemeridian on any day.
(ii) Clubs Selling Malt or Brewed Beverages for Off-Premises
Consumption between Two O'Clock Antemeridian and Seven O'Clock
Antemeridian. For any club retail dispenser or its servants,
agents or employes, to sell malt or brewed beverages for off-
premises consumption between the hours of two o'clock
antemeridian and seven o'clock antemeridian on any day during
the time period covered by 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
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disaster emergency .
* * *
Section 499. Premises to be Vacated by Patrons.--* * *
(a.1) Subsection (a) shall not apply to sales of malt and
brewed beverages for consumption off the premises when the
following conditions are met:
* * *
(4) no club licensee may sell any malt or brewed beverage
for consumption off the premises [where sold, except during the
time period covered by 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, or] to any persons who are not members of the club.
* * *
Section 4. This act shall take effect in 30 days.
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