SENATE AMENDED PRIOR PRINTER'S NOS. 3713, 4608 PRINTER'S NO. 4664
No. 2574 Session of 2002
INTRODUCED BY DONATUCCI, REINARD, LEDERER, MANDERINO, SATHER, THOMAS, CLYMER, MELIO, KELLER, JAMES, PISTELLA, CASORIO, SCRIMENTI, CORRIGAN, CREIGHTON, WASHINGTON, YOUNGBLOOD, SHANER, J. WILLIAMS, CRUZ, HORSEY, JOSEPHS AND ROEBUCK, APRIL 17, 2002
SENATOR CONTI, LAW AND JUSTICE, IN SENATE, AS AMENDED, NOVEMBER 20, 2002
AN ACT 1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as 2 reenacted, "An act relating to alcoholic liquors, alcohol and 3 malt and brewed beverages; amending, revising, consolidating 4 and changing the laws relating thereto; regulating and 5 restricting the manufacture, purchase, sale, possession, 6 consumption, importation, transportation, furnishing, holding 7 in bond, holding in storage, traffic in and use of alcoholic 8 liquors, alcohol and malt and brewed beverages and the 9 persons engaged or employed therein; defining the powers and 10 duties of the Pennsylvania Liquor Control Board; providing 11 for the establishment and operation of State liquor stores, 12 for the payment of certain license fees to the respective 13 municipalities and townships, for the abatement of certain 14 nuisances and, in certain cases, for search and seizure 15 without warrant; prescribing penalties and forfeitures; 16 providing for local option, and repealing existing laws," 17 further providing for when sales may be made at Pennsylvania <-- 18 Liquor Stores; authorizing tasting of alcoholic beverages in 19 Pennsylvania Liquor Stores and on premises of distributors 20 and importing distributors; further providing for hotel, 21 restaurant and club liquor licenses and for malt and brewed 22 beverages retail licenses; providing for the entering into 23 agreement by the board and license applicants regarding the 24 pending application; authorizing issuance of certain multiple 25 public venue licenses; further providing for revocation and 26 suspension of licenses and for fines; providing for the 27 surrender of a license for benefit of the licensee; and 28 further providing for unlawful acts relative to liquor, malt 29 and brewed beverages and licensees. AMENDING AND ADDING <--
1 DEFINITIONS; DELETING CERTAIN BONDING REQUIREMENTS; FURTHER 2 PROVIDING FOR APPLICATION OF CERTAIN LAW TO THE PENNSYLVANIA 3 LIQUOR CONTROL BOARD AND BUREAU OF LIQUOR CONTROL ENFORCEMENT 4 OF THE PENNSYLVANIA STATE POLICE, FOR WINE MARKETING, FOR 5 RETAIL SALES, FOR LICENSE APPLICATIONS, FOR LICENSEE SALES 6 AND RESTRICTIONS, FOR SECONDARY SERVICE AREA, FOR SPECIAL 7 OCCASION PERMITS, FOR SACRAMENTAL WINE LICENSES, FOR LIQUOR 8 IMPORTERS' LICENSES, FOR PUBLIC VENUE LICENSE, FOR MALT AND 9 BREWED BEVERAGES MANUFACTURERS', DISTRIBUTORS' AND IMPORTING 10 DISTRIBUTORS' LICENSES, FOR MALT AND BREWED BEVERAGES RETAIL 11 LICENSES, FOR APPLICATION FOR DISTRIBUTORS' AND IMPORTING 12 DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES, FOR 13 DISTRIBUTORS' AND IMPORTING DISTRIBUTORS' RESTRICTIONS, FOR 14 RETAIL DISPENSERS' RESTRICTIONS, FOR HEARINGS AND APPEALS, 15 FOR LICENSE RENEWAL, FOR LICENSE REVOCATION AND SUSPENSION, 16 FOR LOCAL OPTION AND FOR EXCHANGE OF CERTAIN LICENSES; 17 PROVIDING FOR SURRENDER OF CERTAIN LICENSES; FURTHER 18 PROVIDING FOR UNLAWFUL ACTS, FOR RIGHTS OF MUNICIPALITIES, 19 FOR UNLAWFUL ADVERTISING AND FOR LIMITED WINERIES; DELETING 20 PROVISIONS RELATING TO DISTILLERIES; AND FURTHER PROVIDING 21 FOR BUSINESS HOURS. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Sections 304 and 305(d) of the act of April 12, <-- 25 1951 (P.L.90, No.21), known as the Liquor Code, reenacted and 26 amended June 29, 1987 (P.L.32, No.14), are amended to read: 27 SECTION 1. THE DEFINITION OF "EATING PLACE" IN SECTION 102 <-- 28 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE 29 LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32, 30 NO.14), AND AMENDED FEBRUARY 21, 2002 (P.L.103, NO.10), ARE 31 AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO 32 READ: 33 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES, 34 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE 35 MEANINGS ASCRIBED TO THEM IN THIS SECTION: 36 * * * 37 "ARTS COUNCIL" SHALL MEAN A TAX-EXEMPT ORGANIZATION WHICH 38 PROMOTES THE VISUAL ARTS, PERFORMING ARTS, OR BOTH, AND WHICH 39 RECEIVES FUNDING UNDER THE LOCAL ARTS SERVICES PROGRAM 40 ADMINISTERED BY THE PENNSYLVANIA COUNCIL OF THE ARTS. 20020H2574B4664 - 2 -
1 * * * 2 "EATING PLACE" SHALL MEAN A PREMISE WHERE FOOD IS REGULARLY 3 AND CUSTOMARILY PREPARED AND SOLD, HAVING A TOTAL AREA OF NOT 4 LESS THAN THREE HUNDRED SQUARE FEET AVAILABLE TO THE PUBLIC IN 5 ONE OR MORE ROOMS, OTHER THAN LIVING QUARTERS, AND EQUIPPED WITH 6 TABLES AND CHAIRS, INCLUDING BAR SEATS, ACCOMMODATING THIRTY 7 PERSONS AT ONE TIME. THE BOARD SHALL, BY REGULATION, SET FORTH 8 WHAT CONSTITUTES TABLES AND CHAIRS SUFFICIENT TO ACCOMMODATE 9 THIRTY PERSONS AT ONE TIME. 10 "ELIGIBLE ENTITY" SHALL MEAN A CITY OF THE THIRD CLASS, A 11 HOSPITAL, A CHURCH, A SYNAGOGUE, A VOLUNTEER FIRE COMPANY, A 12 VOLUNTEER AMBULANCE COMPANY, A VOLUNTEER RESCUE SQUAD, A UNIT OF 13 A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB LIQUOR 14 LICENSE, A LIBRARY, A NATIONALLY ACCREDITED PENNSYLVANIA 15 NONPROFIT ZOOLOGICAL INSTITUTION LICENSED BY THE UNITED STATES 16 DEPARTMENT OF AGRICULTURE, A NONPROFIT AGRICULTURAL ASSOCIATION 17 IN EXISTENCE FOR AT LEAST TEN YEARS, A BONA FIDE SPORTSMEN'S 18 CLUB IN EXISTENCE FOR AT LEAST TEN YEARS, A NATIONALLY CHARTERED 19 VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION 20 OF SUCH ORGANIZATION, A FRATERNAL BENEFIT SOCIETY THAT IS 21 LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED 22 LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, A MUSEUM 23 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS 24 OR TOWNSHIP OF THE FIRST CLASS, A NONPROFIT CORPORATION ENGAGED 25 IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS OR IN AN 26 INCORPORATED TOWN, AN ARTS COUNCIL, A NONPROFIT CORPORATION THAT 27 OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS 28 IN THE COUNTY OF THE FOURTH CLASS, A NONPROFIT ORGANIZATION AS 29 DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 30 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS 20020H2574B4664 - 3 -
1 TO PROTECT THE ARCHITECTURAL HERITAGE OF BOROUGHS AND WHICH HAS 2 BEEN RECOGNIZED AS SUCH BY A MUNICIPAL RESOLUTION, OR A 3 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE 4 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 5 501(C)(3)) CONDUCTING A REGATTA IN A CITY OF THE SECOND CLASS 6 WITH THE PERMIT TO BE USED ON STATE PARK GROUNDS OR CONDUCTING A 7 FAMILY-ORIENTED CELEBRATION AS PART OF WELCOME AMERICA IN A CITY 8 OF THE FIRST CLASS ON PROPERTY LEASED FROM THAT CITY FOR MORE 9 THAN FIFTY YEARS. 10 * * * 11 "TRACT" SHALL MEAN A CONTIGUOUS EXPANSE OF LAND UNDER THE 12 CONTROL OF ONE PERSON. 13 * * * 14 SECTION 2. SECTIONS 205 AND 206.1(A) AND (B) OF THE ACT ARE 15 AMENDED TO READ: 16 [SECTION 205. BONDS REQUIRED OF MEMBERS AND SECRETARY.-- 17 BEFORE ENTERING UPON THE DUTIES OF THEIR RESPECTIVE OFFICES OR 18 POSITIONS, EACH MEMBER OF THE BOARD AND THE SECRETARY SHALL 19 EXECUTE AND FILE WITH THE STATE TREASURER A BOND IN SUCH PENAL 20 SUM AS SHALL BE FIXED BY THE EXECUTIVE BOARD OF THIS 21 COMMONWEALTH UPON RECOMMENDATION OF THE GOVERNOR, BUT THE AMOUNT 22 OF ANY SUCH BOND SHALL NOT BE LESS THAN TEN THOUSAND DOLLARS 23 ($10,000). BONDS IN SUCH PENAL SUMS AS SHALL BE FIXED BY THE 24 EXECUTIVE BOARD LIKEWISE SHALL BE EXECUTED AND FILED WITH THE 25 STATE TREASURER BY SUCH EMPLOYES OF THE BOARD AS THE HEAD OF 26 SUCH BOARD SHALL, WITH THE APPROVAL OF THE EXECUTIVE BOARD, 27 PRESCRIBE. SUCH BONDS SHALL BE PAYABLE TO THE COMMONWEALTH OF 28 PENNSYLVANIA AND SHALL BE CONDITIONED FOR THE FAITHFUL 29 PERFORMANCE OF THE MEMBERS', SECRETARY'S OR EMPLOYES' DUTIES 30 IMPOSED BY LAW OR BY LAWFUL AUTHORITY AND THAT THE PERSON BONDED 20020H2574B4664 - 4 -
1 WILL NOT KNOWINGLY VIOLATE THE PROVISIONS OF THIS ACT. ALL BONDS 2 REQUIRED TO BE GIVEN UNDER THIS SECTION SHALL, BEFORE BEING 3 ACCEPTED BY THE STATE TREASURER, BE APPROVED BY THE ATTORNEY 4 GENERAL, AND UNLESS THE COMMONWEALTH SHALL ESTABLISH ITS OWN 5 INDEMNITY FUND, ALL SUCH BONDS SHALL BE GIVEN WITH SECURITY 6 APPROVED BY THE ATTORNEY GENERAL. IF THE COMMONWEALTH SHALL 7 ESTABLISH ITS OWN INDEMNITY FUND, THE EXECUTIVE BOARD MAY, 8 NEVERTHELESS, REQUIRE ANY BOND GIVEN HEREUNDER TO BE EXECUTED BY 9 A SURETY OR SURETIES SATISFACTORY TO THE ATTORNEY GENERAL. THE 10 COST OF SUCH BONDS REQUIRED TO BE EXECUTED BY A SURETY OR 11 SURETIES SHALL BE BORNE BY THE BOARD AS PART OF ITS OPERATING 12 EXPENSE.] 13 SECTION 206.1. BOARD AND ENFORCEMENT BUREAU SUBJECT TO STATE 14 ETHICS AND ADVERSE INTEREST ACTS.--(A) EXCEPT TO THE EXTENT 15 THAT THE PENALTIES PROVIDED IN SECTION 210 OF THIS ACT FOR 16 VIOLATIONS ARE MORE STRINGENT, THE BOARD, ITS MEMBERS AND ALL OF 17 ITS EMPLOYES AND EMPLOYES OF THE ENFORCEMENT BUREAU SHALL BE 18 SUBJECT TO THE ACT OF OCTOBER 4, 1978 (P.L.883, NO.170), 19 REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW, AND 20 THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS THE "STATE 21 ADVERSE INTEREST ACT." 22 (B) MEMBERSHIP ON THE BOARD AND EMPLOYMENT OR CONTINUED 23 EMPLOYMENT AS AN EMPLOYE OF THE BOARD OR ENFORCEMENT BUREAU IS 24 CONDITIONED UPON COMPLIANCE WITH ALL OF THE PROVISIONS OF THE 25 ACTS SPECIFIED IN SUBSECTION (A), INCLUDING, BUT NOT LIMITED TO, 26 THE FILING OF STATEMENTS OF FINANCIAL INTERESTS REQUIRED BY 27 SECTION 5 OF THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW. 28 ACCEPTANCE OR RETENTION OF EMPLOYMENT SHALL BE DEEMED AS 29 VOLUNTARY CONSENT TO SUBMIT TO THE FINANCIAL REPORTING 30 REQUIREMENTS OF THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW AS A 20020H2574B4664 - 5 -
1 CONDITION OF EMPLOYMENT. FAILURE TO TIMELY COMPLY WITH THE 2 REQUIREMENTS SHALL RESULT IN IMMEDIATE TERMINATION OF 3 EMPLOYMENT. BOTH THE BOARD AND THE ENFORCEMENT BUREAU ARE 4 SUBJECT TO THE PROVISIONS OF 65 PA.C.S. CH. 11 (RELATING TO 5 ETHICS STANDARDS AND FINANCIAL DISCLOSURE). 6 SECTION 3. SECTIONS 215(C) AND (D), 304 AND 305(D) AND (H) 7 OF THE ACT ARE AMENDED TO READ: 8 SECTION 215. WINE MARKETING.--* * * 9 [(C) THE BOARD SHALL ESTABLISH THAT AT LEAST FIVE PER CENTUM 10 OF ALL STATE STORES WITHIN A METROPOLITAN AREA ARE WINE 11 SPECIALTY STORES, AT WHICH PREMIUM WINE SHALL BE SOLD. THESE 12 STORES SHALL NOT SELL ANY DISTILLED PRODUCT. THE BOARD MAY 13 ESTABLISH THE WINE SPECIALTY STORES IN LOCATIONS WHICH PROVIDE 14 THE GREATEST CUSTOMER TRAFFIC AND THE GREATEST GROSS PROFIT TO 15 THE BOARD. THESE LOCATIONS MAY INCLUDE ESTABLISHED RETAIL 16 ESTABLISHMENTS. BOARD EMPLOYES SHALL STAFF THESE LOCATIONS. THE 17 BOARD SHALL HAVE THE OPTION OF CLOSING STORES WHICH ARE 18 UNPROFITABLE FOR TWO CONSECUTIVE FISCAL YEARS.] 19 (D) [(1) THE TERM "METROPOLITAN AREA," AS USED IN THIS 20 SECTION, SHALL MEAN ANY ONE COUNTY OR ANY COMBINATION OF TWO, 21 THREE OR FOUR COUNTIES CONTIGUOUS AND ADJACENT WITH A TOTAL 22 POPULATION OF FIFTY THOUSAND OR MORE.] 23 (2) THE TERM "WINE," AS USED IN THIS SECTION, SHALL MEAN 24 LIQUOR WHICH IS FERMENTED FROM GRAPES AND OTHER FRUITS, HAVING 25 ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM OR LESS. THE TERM 26 "WINE" SHALL NOT INCLUDE MALT OR BREWED BEVERAGES, NOR SHALL 27 WINE INCLUDE ANY PRODUCTS CONTAINING ALCOHOL DERIVED FROM MALT, 28 GRAIN, CEREAL, MOLASSES OR CACTUS. 29 Section 304. When Sales May Be Made at Pennsylvania Liquor 30 Stores.--[Every] (a) Except as provided for in subsection (b), 20020H2574B4664 - 6 -
1 every Pennsylvania Liquor Store shall be open for business week 2 days, except legal holidays or any day on which a general, 3 municipal, special or primary election is being held, during 4 such hours as the board, in its discretion, shall determine: 5 Provided, That the Pennsylvania Liquor Stores in the case of a 6 special election for members of the General Assembly or members 7 of the Congress of the United States, when such special election 8 is held on other than a primary, municipal or general election 9 day, shall be open in those Legislative or Congressional 10 Districts as though the day were not a special election day. The 11 board may, with the approval of the Governor, temporarily close 12 any store in any municipality. 13 (b) Certain Pennsylvania Liquor Stores operated by the board 14 shall be open for Sunday retail sales between the hours of noon 15 and five o'clock postmeridian, except that no Sunday sales shall 16 occur on Easter Sunday or Christmas day. For a two-year time 17 period following the effective date of this subsection, the 18 board shall open up to ten per centum of the total number of 19 Pennsylvania Liquor Stores at its discretion for Sunday sales as 20 provided for in this subsection. At the expiration of the two- 21 year time period, the board shall conduct a review and determine 22 whether the stores shall be closed or whether additional stores 23 shall be opened for these Sunday sales. The board shall submit 24 yearly reports to the Appropriations and the Law and Justice 25 Committees of the Senate and the Appropriations and the Liquor 26 Control Committees of the House of Representatives summarizing 27 the total dollar value of sales under this section. 28 Section 305. Sales by Pennsylvania Liquor Stores.--* * * 29 (d) No liquor or alcohol package shall be opened on the 30 premises of a Pennsylvania Liquor Store. No manager or other 20020H2574B4664 - 7 -
1 employe of the board employed in a Pennsylvania Liquor Store 2 shall allow any liquor or alcohol to be consumed on the store 3 premises, nor shall any person consume any liquor or alcohol on 4 such premises except liquor and alcohol which are part of a 5 tasting conducted pursuant to the board's regulations. 6 * * * 7 (H) EVERY PENNSYLVANIA LIQUOR STORE SHALL SELL GIFT <-- 8 CERTIFICATES WHICH MAY BE REDEEMED FOR LIQUOR. IN ADDITION, THE 9 BOARD MAY SELL CORKSCREWS AND WINE SLEEVES AT PENNSYLVANIA 10 LIQUOR STORES. 11 Section 2. Sections 403(g) and 404 of the act, amended <-- 12 December 20, 2000 (P.L.992, No.141), are amended to read: 13 Section 403. Applications for Hotel, Restaurant and Club 14 Liquor Licenses.--* * * 15 SECTION 4. SECTIONS 403(A) AND (G) AND 404 OF THE ACT, <-- 16 AMENDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO 17 READ: 18 SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB 19 LIQUOR LICENSES.--(A) EVERY APPLICANT FOR A HOTEL LIQUOR 20 LICENSE, RESTAURANT LIQUOR LICENSE OR CLUB LIQUOR LICENSE OR FOR 21 THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN 22 LICENSED OR TO ANOTHER PERSON SHALL FILE A WRITTEN APPLICATION 23 WITH THE BOARD IN SUCH FORM AND CONTAINING SUCH INFORMATION AS 24 THE BOARD SHALL FROM TIME TO TIME PRESCRIBE, WHICH SHALL BE 25 ACCOMPANIED BY A FILING FEE AND AN ANNUAL LICENSE FEE AS 26 PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929 27 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929." 28 EVERY SUCH APPLICATION SHALL CONTAIN A DESCRIPTION OF THAT PART 29 OF THE HOTEL, RESTAURANT OR CLUB FOR WHICH THE APPLICANT DESIRES 30 A LICENSE AND SHALL SET FORTH SUCH OTHER MATERIAL INFORMATION, 20020H2574B4664 - 8 -
1 DESCRIPTION OR PLAN OF THAT PART OF THE HOTEL, RESTAURANT OR 2 CLUB WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE 3 REQUIRED BY THE REGULATIONS OF THE BOARD. THE DESCRIPTIONS, 4 INFORMATION AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW 5 THE HOTEL, RESTAURANT, CLUB, OR THE PROPOSED LOCATION FOR THE 6 CONSTRUCTION OF A HOTEL, RESTAURANT OR CLUB, AT THE TIME THE 7 APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO 8 BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED 9 AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE 10 OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES 11 NOT THEN LICENSED OR TO ANOTHER PERSON. NO PHYSICAL ALTERATIONS, 12 IMPROVEMENTS OR CHANGES SHALL BE REQUIRED TO BE MADE TO ANY 13 HOTEL, RESTAURANT OR CLUB, NOR SHALL ANY NEW BUILDING FOR ANY 14 SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL APPROVAL OF 15 THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF AN EXISTING 16 LICENSE TO ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER 17 PERSON BY THE BOARD. AFTER APPROVAL OF THE APPLICATION, THE 18 LICENSEE SHALL MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND 19 CHANGES TO THE LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW 20 BUILDING IN THE MANNER SPECIFIED BY THE BOARD AT THE TIME OF 21 APPROVAL, AND THE LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER 22 THE LICENSE UNTIL THE BOARD HAS APPROVED THE COMPLETED PHYSICAL 23 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES, 24 OR THE COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING 25 TO THE SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF 26 ISSUANCE OR TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE 27 ESTABLISHMENT IS A RESTAURANT, HOTEL OR CLUB AS DEFINED BY THIS 28 ACT. THE BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR 29 CONSTRUCTION OR CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX 30 MONTHS FROM THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE. 20020H2574B4664 - 9 -
1 FAILURE TO COMPLY WITH THESE REQUIREMENTS SHALL BE CONSIDERED 2 CAUSE FOR REVOCATION OF THE LICENSE. NO SUCH LICENSE SHALL BE 3 TRANSFERABLE BETWEEN THE TIME OF ISSUANCE OR TRANSFER OF THE 4 LICENSE AND THE APPROVAL OF THE COMPLETED ALTERATIONS OR 5 CONSTRUCTION BY THE BOARD AND FULL COMPLIANCE BY THE LICENSEE 6 WITH THE REQUIREMENTS OF THIS ACT, EXCEPT IN THE CASE OF DEATH 7 OF THE LICENSEE PRIOR TO FULL COMPLIANCE WITH ALL OF THE 8 AFOREMENTIONED REQUIREMENTS[,] OR UNLESS FULL COMPLIANCE IS 9 IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S CONTROL, IN WHICH 10 EVENT, THE LICENSE MAY BE TRANSFERRED BY THE BOARD AS PROVIDED 11 IN THIS ACT. 12 * * * 13 (g) Every applicant for a new license or for the transfer of 14 an existing license shall post, for a period of at least 15 [fifteen] thirty days beginning with the day the application is 16 filed with the board, in a conspicuous place on the outside of 17 the premises or at the proposed new location for which the 18 license is applied, a notice of such application[,]. The notice 19 shall indicate whether the applicant is applying for the 20 amusement permit required by section 493(10). The notice shall 21 be in such form, be of such size, and [containing] contain such 22 provisions as the board may require by its regulations. Proof of 23 the posting of such notice shall be filed with the board. The 24 posting requirement imposed by this subsection shall not apply 25 to license applications submitted for public venues. 26 * * * 27 Section 404. Issuance of Hotel, Restaurant and Club Liquor 28 Licenses.--Upon receipt of the application and the proper fees, 29 and upon being satisfied of the truth of the statements in the 30 application that the applicant is the only person in any manner 20020H2574B4664 - 10 -
1 pecuniarily interested in the business so asked to be licensed 2 and that no other person will be in any manner pecuniarily 3 interested therein during the continuance of the license, except 4 as hereinafter permitted, and that the applicant is a person of 5 good repute, that the premises applied for meet all the 6 requirements of this act and the regulations of the board, that 7 the applicant seeks a license for a hotel, restaurant or club, 8 as defined in this act, and that the issuance of such license is 9 not prohibited by any of the provisions of this act, the board 10 shall, in the case of a hotel or restaurant, grant and issue to 11 the applicant a liquor license, and in the case of a club may, 12 in its discretion, issue or refuse a license: Provided, however, 13 That in the case of any new license or the transfer of any 14 license to a new location the board may, in its discretion, 15 grant or refuse such new license or transfer if such place 16 proposed to be licensed is within three hundred feet of any 17 church, hospital, charitable institution, school, or public 18 playground, or if such new license or transfer is applied for a 19 place which is within two hundred feet of any other premises 20 which is licensed by the board: And provided further, That the 21 board's authority to refuse to grant a license because of its 22 proximity to a church, hospital, charitable institution, public 23 playground or other licensed premises shall not be applicable to 24 license applications submitted for public venues or performing 25 arts facilities: And provided further, That the board shall 26 refuse any application for a new license or the transfer of any 27 license to a new location if, in the board's opinion, such new 28 license or transfer would be detrimental to the welfare, health, 29 peace and morals of the inhabitants of the neighborhood within a 30 radius of five hundred feet of the place proposed to be 20020H2574B4664 - 11 -
1 licensed: And provided further, That prior to July 1, 1996, in 2 any license district in a city of the first class, the board 3 may, in its opinion, refuse any application for a new license or 4 for any person-to-person transfer which shall include a change 5 in stockholders involving ten per centum or more of all 6 outstanding voting stock and/or less than ten per centum of all 7 outstanding voting stock when such change involves a majority or 8 controlling interest, of any license if the licensed premises is 9 or would be within three hundred feet of any church, hospital, 10 charitable institution, school or public playground or within 11 two hundred feet of any other premises licensed by the board and 12 if, in the opinion of the board, the licensed premises is or 13 would be detrimental to the welfare, health, peace and morals of 14 such church, hospital, school, public playground and/or the 15 inhabitants of the neighborhood within a radius of five hundred 16 feet of the licensed premises. The board may enter into an 17 agreement with the applicant concerning additional restrictions 18 on the license in question. If the board and the applicant enter 19 into such an agreement, such agreement shall be binding on the 20 applicant. Failure by the applicant to adhere to the agreement 21 will be sufficient cause to form the basis for a citation under 22 section 471 and for the nonrenewal of the license under section 23 470. In the event that a licensee violates the agreement on 24 three separate occasions, the license shall be revoked. If the 25 board enters into an agreement with an applicant concerning 26 additional restrictions, those restrictions shall be binding on 27 subsequent owners of the license until the license is 28 transferred to a new location or until the board enters into a 29 subsequent agreement removing those restrictions. If the 30 application in question involves a location previously licensed 20020H2574B4664 - 12 -
1 by the board then any restrictions imposed by the board on the 2 previous license at that location shall be binding on the 3 applicant unless the board enters into a new agreement 4 rescinding those restrictions. This authority to refuse a 5 person-to-person transfer in a city of the first class is in 6 addition to and not in derogation of the authority of the board 7 generally stated for all areas of this Commonwealth: And 8 provided further, That the board shall have the discretion to 9 refuse a license to any person or to any corporation, 10 partnership or association if such person, or any officer or 11 director of such corporation, or any member or partner of such 12 partnership or association shall have been convicted or found 13 guilty of a felony within a period of five years immediately 14 preceding the date of application for the said license. The 15 board shall refuse any application for a new license or the 16 transfer of any license to a location where the sale of liquid 17 fuels or oil is conducted. The board may, in its discretion, 18 refuse an application for an economic development license under 19 section 461(b.1) or an application for an intermunicipal 20 transfer of a license if the board receives a protest from the 21 governing body of the receiving municipality. The receiving 22 municipality of an intermunicipal transfer or an economic 23 development license under section 461(b.1) may file a protest 24 against the transfer of a license into its municipality, and the 25 receiving municipality shall have standing in a hearing to 26 present testimony in support of or against the issuance or 27 transfer of a license. Upon any opening in any quota, an 28 application for a new license shall only be filed with the board 29 for a period of six months following said opening. 30 Section 3. Section 412 of the act is amended by adding a <-- 20020H2574B4664 - 13 -
1 subsection to read: 2 Section 412. Public Venue License.--* * * 3 SECTION 5. SECTION 406(A)(1) OF THE ACT, AMENDED NOVEMBER <-- 4 10, 1999 (P.L.514, NO.47), IS AMENDED AND THE SECTION IS AMENDED 5 BY ADDING A SUBSECTION TO READ: 6 SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--(A) 7 (1) EVERY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE MAY SELL 8 LIQUOR AND MALT OR BREWED BEVERAGES BY THE GLASS, OPEN BOTTLE OR 9 OTHER CONTAINER, AND IN ANY MIXTURE, FOR CONSUMPTION ONLY IN 10 THAT PART OF THE HOTEL OR RESTAURANT HABITUALLY USED FOR THE 11 SERVING OF FOOD TO GUESTS OR PATRONS, OR IN A BOWLING ALLEY THAT 12 IS IMMEDIATELY ADJACENT TO AND UNDER THE SAME ROOF AS A 13 RESTAURANT WHEN NO MINORS ARE PRESENT, UNLESS MINORS WHO ARE 14 PRESENT ARE UNDER PROPER SUPERVISION AS DEFINED IN SECTION 493, 15 IN THE BOWLING ALLEY, AND IN THE CASE OF HOTELS, TO GUESTS, AND 16 IN THE CASE OF CLUBS, TO MEMBERS, IN THEIR PRIVATE ROOMS IN THE 17 HOTEL OR CLUB. NO CLUB LICENSEE NOR ITS OFFICERS, SERVANTS, 18 AGENTS OR EMPLOYES, OTHER THAN ONE HOLDING A CATERING LICENSE, 19 SHALL SELL ANY LIQUOR OR MALT OR BREWED BEVERAGES TO ANY PERSON 20 EXCEPT A MEMBER OF THE CLUB. [IN THE CASE OF A RESTAURANT 21 LOCATED IN A HOTEL WHICH IS NOT OPERATED BY THE OWNER OF THE 22 HOTEL AND WHICH IS LICENSED TO SELL LIQUOR UNDER THIS ACT, 23 LIQUOR AND MALT OR BREWED BEVERAGES MAY BE SOLD] THE HOLDER OF A 24 RESTAURANT LICENSE LOCATED IN A HOTEL MAY SELL LIQUOR OR MALT OR 25 BREWED BEVERAGES FOR CONSUMPTION IN THAT PART OF THE RESTAURANT 26 HABITUALLY USED FOR THE SERVING OF MEALS TO PATRONS AND ALSO TO 27 GUESTS IN PRIVATE GUEST ROOMS IN THE HOTEL. FOR THE PURPOSE OF 28 THIS PARAGRAPH, ANY PERSON WHO IS AN ACTIVE MEMBER OF ANOTHER 29 CLUB WHICH IS CHARTERED BY THE SAME STATE OR NATIONAL 30 ORGANIZATION SHALL HAVE THE SAME RIGHTS AND PRIVILEGES AS 20020H2574B4664 - 14 -
1 MEMBERS OF THE PARTICULAR CLUB. FOR THE PURPOSE OF THIS 2 PARAGRAPH, ANY PERSON WHO IS AN ACTIVE MEMBER OF ANY VOLUNTEER 3 FIREFIGHTING COMPANY, ASSOCIATION OR GROUP OF THIS COMMONWEALTH, 4 WHETHER INCORPORATED OR UNINCORPORATED, SHALL UPON THE APPROVAL 5 OF ANY CLUB COMPOSED OF VOLUNTEER FIREMEN LICENSED UNDER THIS 6 ACT, HAVE THE SAME SOCIAL RIGHTS AND PRIVILEGES AS MEMBERS OF 7 SUCH LICENSED CLUB. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM 8 "ACTIVE MEMBER" SHALL NOT INCLUDE A SOCIAL MEMBER. ANY CLUB 9 LICENSEE WHICH IS EITHER AN INCORPORATED UNIT OF A NATIONAL 10 VETERANS' ORGANIZATION OR AN AFFILIATED ORGANIZATION AS DEFINED 11 IN SECTION 461.1 SHALL BE PERMITTED TO SELL LIQUOR OR MALT OR 12 BREWED BEVERAGES TO ANY ACTIVE MEMBER OF ANOTHER UNIT WHICH IS 13 CHARTERED BY THE SAME NATIONAL VETERANS' ORGANIZATION OR TO ANY 14 MEMBER OF A NATIONALLY CHARTERED AUXILIARY ASSOCIATED WITH THE 15 SAME NATIONAL VETERANS' ORGANIZATION. 16 * * * 17 (E) THE HOLDER OF A HOTEL LICENSE OR THE HOLDER OF A 18 RESTAURANT LICENSE LOCATED IN A HOTEL MAY ALLOW PERSONS TO 19 TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED 20 PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE 21 PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES 22 REMAIN ON THE HOTEL PROPERTY. IN ADDITION, A HOLDER OF A 23 RESTAURANT LICENSE LOCATED ON A GOLF COURSE MAY SELL, FURNISH OR 24 GIVE LIQUOR OR MALT OR BREWED BEVERAGES ON THE UNLICENSED 25 PORTION OF THE GOLF COURSE SO LONG AS THE LIQUOR OR MALT OR 26 BREWED BEVERAGES REMAIN ON THE RESTAURANT OR GOLF COURSE. THE 27 HOLDER OF A RESTAURANT LICENSE LOCATED IMMEDIATELY ADJACENT TO 28 AND UNDER THE SAME ROOF OF A BOWLING CENTER MAY ALLOW PERSONS TO 29 TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED 30 PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE 20020H2574B4664 - 15 -
1 PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES 2 REMAIN WITHIN THE BOWLING CENTER. 3 SECTION 6. SECTION 406.1 OF THE ACT, AMENDED JULY 1, 1994 4 (P.L.402, NO.61),IS AMENDED TO READ: 5 SECTION 406.1. SECONDARY SERVICE AREA.--(A) UPON 6 APPLICATION OF ANY RESTAURANT, HOTEL, CLUB[, ANY STADIUM AS 7 DESCRIBED IN SECTION 408.9 OR], MUNICIPAL GOLF COURSE LIQUOR 8 LICENSEE OR MANUFACTURER OF MALT OR BREWED BEVERAGES, AND 9 PAYMENT OF THE APPROPRIATE FEE, THE BOARD MAY APPROVE A 10 SECONDARY SERVICE AREA BY EXTENDING THE LICENSED PREMISES TO 11 INCLUDE ONE ADDITIONAL PERMANENT STRUCTURE WITH DIMENSIONS OF AT 12 LEAST ONE HUNDRED SEVENTY-FIVE SQUARE FEET, ENCLOSED ON THREE 13 SIDES AND HAVING ADEQUATE SEATING. SUCH SECONDARY SERVICE AREA 14 MUST BE LOCATED ON PROPERTY HAVING A MINIMUM AREA OF ONE (1) 15 ACRE, AND MUST BE ON LAND WHICH IS IMMEDIATE, ABUTTING, ADJACENT 16 OR CONTIGUOUS TO THE LICENSED PREMISES WITH NO INTERVENING 17 PUBLIC THOROUGHFARE, HOWEVER, THE ORIGINAL LICENSED PREMISES AND 18 THE SECONDARY SERVICE AREA MUST BE LOCATED ON THE SAME TRACT OF 19 LAND. [IN ANY STADIUM AS DESCRIBED IN SECTION 408.9, ONLY MALT 20 OR BREWED BEVERAGES MAY BE SERVED.] THERE SHALL BE NO 21 REQUIREMENT THAT THE SECONDARY SERVICE AREA BE PHYSICALLY 22 CONNECTED TO THE ORIGINAL LICENSED PREMISES. IN ADDITION, THERE 23 SHALL BE NO REQUIREMENT THAT THE SECONDARY SERVICE AREA BE 24 LOCATED IN THE SAME MUNICIPALITY AS THE ORIGINAL LICENSED 25 PREMISES, PROVIDED, HOWEVER, THAT THE BOARD SHALL NOT APPROVE A 26 SECONDARY SERVICE AREA IN THIS CASE IF THAT SECONDARY SERVICE 27 AREA IS LOCATED IN ANY MUNICIPALITY WHERE THE GRANTING OF LIQUOR 28 LICENSES HAS BEEN PROHIBITED AS PROVIDED IN THIS ARTICLE. 29 NOTWITHSTANDING 40 PA. CODE § 7.21(C)(3), THE LICENSEE SHALL BE 30 PERMITTED TO STORE, SERVE, SELL OR DISPENSE FOOD, LIQUOR AND 20020H2574B4664 - 16 -
1 MALT OR BREWED BEVERAGES AT THE BOARD APPROVED SECONDARY SERVICE 2 AREA. 3 (B) IF THE APPLICANT IS A MANUFACTURER OF MALT OR BREWED 4 BEVERAGES, THE BOARD MAY APPROVE A SECONDARY SERVICE AREA FOR 5 USE AS A BREWERY PUB PURSUANT TO SECTION 446, NOTWITHSTANDING 6 ANY INTERVENING PUBLIC THOROUGHFARE, SO LONG AS THE PROPOSED 7 SECONDARY SERVICE AREA IS WITHIN ONE THOUSAND FEET OF THE 8 LICENSED PREMISES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS 9 ACT, THE LICENSED PREMISES AND THE SECONDARY SERVICE AREA MAY BE 10 LOCATED ON DIFFERENT TRACTS OF LANDS. 11 SECTION 7. SECTION 408.4 OF THE ACT, AMENDED OR ADDED APRIL 12 29, 1994 (P.L.212, NO.30), OCTOBER 5, 1994 (P.L.522, NO.77), 13 JUNE 18, 1998 (P.L.664, NO.86), DECEMBER 21, 1998 (P.L.1202, 14 NO.155), NOVEMBER 10, 1999 (P.L.514, NO.47) AND FEBRUARY 10, 15 2002 (P.L.103, NO.10), IS AMENDED TO READ: 16 SECTION 408.4. SPECIAL OCCASION PERMITS.--[(A) UPON 17 APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE 18 COMPANY, VOLUNTEER AMBULANCE COMPANY, VOLUNTEER RESCUE SQUAD, 19 UNIT OF A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB 20 LIQUOR LICENSE, NONPROFIT AGRICULTURAL ASSOCIATION IN EXISTENCE 21 FOR AT LEAST TEN YEARS, BONA FIDE SPORTSMEN'S CLUB IN EXISTENCE 22 FOR AT LEAST TEN YEARS, NATIONALLY CHARTERED VETERANS' 23 ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION OF SUCH 24 ORGANIZATION, FRATERNAL BENEFIT SOCIETY THAT IS LICENSED TO DO 25 BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED LODGE OR 26 SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, OR ONE AUXILIARY 27 OF ANY OF THE FOREGOING, AND UPON PAYMENT OF THE PRESCRIBED FEE 28 FOR SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF THE ACT OF 29 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE 30 CODE OF 1929," THE BOARD SHALL ISSUE A SPECIAL OCCASION PERMIT 20020H2574B4664 - 17 -
1 GOOD FOR A PERIOD OF NOT MORE THAN SIX CONSECUTIVE OR 2 NONCONSECUTIVE DAYS DURING A CALENDAR YEAR. SPECIAL OCCASION 3 PERMITS MAY ALSO BE ISSUED TO A MUSEUM OPERATED BY A NONPROFIT 4 CORPORATION IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE 5 FIRST CLASS OR A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING 6 ARTS IN A CITY OF THE THIRD CLASS OR IN AN INCORPORATED TOWN OR 7 TO AN ARTS COUNCIL OR TO A NONPROFIT CORPORATION THAT OPERATES 8 AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS IN A 9 COUNTY OF THE FOURTH CLASS FOR A PERIOD OF NOT MORE THAN SIX 10 NONCONSECUTIVE OR TEN CONSECUTIVE DAYS AT THE PRESCRIBED FEE FOR 11 SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF "THE 12 ADMINISTRATIVE CODE OF 1929." 13 (A.1) UPON APPLICATION BY A NATIONALLY ACCREDITED 14 PENNSYLVANIA NONPROFIT ZOOLOGICAL INSTITUTION LICENSED BY THE 15 UNITED STATES DEPARTMENT OF AGRICULTURE, THE BOARD SHALL ISSUE A 16 SPECIAL OCCASION PERMIT IN ACCORDANCE WITH SUBSECTION (A) FOR 17 SIX NONCONSECUTIVE DAYS OR TEN CONSECUTIVE DAYS IN A CALENDAR 18 YEAR. 19 (B) IN ANY CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP IN 20 WHICH THE SALE OF LIQUOR AND/OR MALT OR BREWED BEVERAGES HAS 21 BEEN APPROVED BY THE ELECTORATE, SUCH SPECIAL OCCASION PERMIT 22 SHALL AUTHORIZE THE PERMITTEE TO SELL LIQUOR AND/OR MALT OR 23 BREWED BEVERAGES AS THE CASE MAY BE TO ANY ADULT PERSON ON ANY 24 DAY FOR WHICH THE PERMIT IS ISSUED. 25 (C) SUCH SPECIAL OCCASION PERMIT SHALL ONLY BE VALID FOR THE 26 NUMBER OF DAYS STATED IN THE PERMIT. ONLY ONE PERMIT MAY BE 27 ISSUED TO ANY PERMITTEE DURING THE YEAR. PROVIDED, THAT A MUSEUM 28 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS 29 OR TOWNSHIP OF THE FIRST CLASS, AND A NONPROFIT CORPORATION 30 ENGAGED IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS, OR 20020H2574B4664 - 18 -
1 AN ARTS COUNCIL OR A NONPROFIT CORPORATION THAT OPERATES AN ARTS 2 FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS IN A COUNTY OF 3 THE FOURTH CLASS MAY BE ISSUED NO MORE THAN SIX PERMITS DURING 4 THE YEAR, EACH PERMIT BEING VALID FOR ONLY ONE DAY, OR IN THE 5 ALTERNATIVE, ONE PERMIT VALID FOR NO MORE THAN A TOTAL OF TEN 6 CONSECUTIVE DAYS PER YEAR, WHICH MAY BE ISSUED ONLY DURING THE 7 MONTH OF AUGUST. 8 (D) SUCH PERMITS SHALL ONLY BE ISSUED FOR USE AT A SPECIAL 9 EVENT INCLUDING, BUT NOT LIMITED TO BAZAARS, PICNICS AND 10 CLAMBAKES. THE SPECIAL EVENT MUST BE ONE WHICH IS USED BY THE 11 PERMITTEE AS A MEANS OF RAISING FUNDS FOR ITSELF. 12 (D.1) THE HOURS DURING WHICH THE HOLDER OF A SPECIAL 13 OCCASION PERMIT MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES 14 SHALL BE LIMITED TO THE HOURS SET FORTH IN SECTION 406 WHICH ARE 15 APPLICABLE TO HOTEL AND RESTAURANT LICENSEES. THE HOURS DURING 16 WHICH A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN 17 A CITY OF THE THIRD CLASS MAY SELL LIQUOR OR MALT OR BREWED 18 BEVERAGES PURSUANT TO A SPECIAL OCCASION PERMIT SHALL BE LIMITED 19 TO THOSE HOURS SET FORTH IN SECTION 408.3(G.1). 20 (D.2) AT LEAST FORTY-EIGHT HOURS PRIOR TO THE SALE OF ANY 21 LIQUOR OR MALT OR BREWED BEVERAGES, THE HOLDER OF A SPECIAL 22 OCCASION PERMIT SHALL NOTIFY THE LOCAL POLICE DEPARTMENT, OR IN 23 THE ABSENCE OF A LOCAL POLICE DEPARTMENT, THE PENNSYLVANIA STATE 24 POLICE, OF THE TIMES WHEN AND PLACE WHERE THE SALE OF LIQUOR OR 25 MALT OR BREWED BEVERAGES SHALL OCCUR. 26 (E) THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE 27 TO ANY OF THE FOLLOWING: 28 (1) A LICENSEE NOW OR HEREAFTER POSSESSING A CATERER'S 29 LICENSE, OTHER THAN A VOLUNTEER FIRE COMPANY, VOLUNTEER 30 AMBULANCE COMPANY OR VOLUNTEER RESCUE SQUAD, WHICH OWNS ITS OWN 20020H2574B4664 - 19 -
1 FACILITY AND WISHES TO USE ITS SPECIAL OCCASION PERMIT AT THAT 2 FACILITY. 3 (2) A PROFESSIONAL FUND RAISER. 4 (E.1) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, 5 A PERMITTEE WHO IS A NONPROFIT ORGANIZATION AS DEFINED UNDER 6 SECTION 501(C)(4) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC 7 LAW 99-514, 26 U.S.C. § 501(C)(4)) MAY DO ANY OF THE FOLLOWING: 8 (1) IF THE PERMITTEE IS CONDUCTING A REGATTA, SELL FOR 9 CONSUMPTION LIQUOR AND MALT OR BREWED BEVERAGES IN OR ON THE 10 GROUNDS OF A STATE PARK LOCATED WITHIN A CITY OF THE SECOND 11 CLASS FOR A PERIOD NOT TO EXCEED TEN CONSECUTIVE DAYS PER 12 CALENDAR YEAR. 13 (2) IF THE PERMITTEE IS CONDUCTING A FAMILY-ORIENTED 14 CELEBRATION AS PART OF WELCOME AMERICA IN A CITY OF THE FIRST 15 CLASS ON PROPERTY LEASED FROM THAT CITY FOR A PERIOD OF MORE 16 THAN FIFTY YEARS, SELL FOR CONSUMPTION LIQUOR AND MALT OR BREWED 17 BEVERAGES ON SUCH LEASED PROPERTY FOR A PERIOD NOT TO EXCEED TEN 18 CONSECUTIVE DAYS PER CALENDAR YEAR. 19 (3) IF THE PERMITTEE IS A NONPROFIT CORPORATION DESIGNATED 20 BY A CITY OF THE FIRST CLASS TO CONDUCT A MILLENNIUM CELEBRATION 21 ON BEHALF OF THE CITY ON PROPERTY LOCATED AT FOUR SITES APPROVED 22 BY THE BOARD, SELL FOR CONSUMPTION CHAMPAGNE FOR A PERIOD NOT TO 23 EXCEED TWO CONSECUTIVE DAYS BETWEEN DECEMBER 31, 1999, AND 24 JANUARY 1, 2000. 25 (F) ANY PERSON SELLING LIQUOR OR MALT OR BREWED BEVERAGES IN 26 VIOLATION OF THIS SECTION SHALL, UPON SUMMARY CONVICTION, BE 27 SENTENCED TO PAY A FINE OF TWO HUNDRED FIFTY DOLLARS ($250) FOR 28 THE FIRST OFFENSE AND A FINE OF FIVE HUNDRED DOLLARS ($500) FOR 29 EACH SUBSEQUENT OFFENSE. THIS FINE SHALL BE IN ADDITION TO ANY 30 OTHER PENALTY IMPOSED BY LAW FOR THE ILLEGAL SALE OF MALT OR 20020H2574B4664 - 20 -
1 BREWED BEVERAGES. 2 (G) FOR THE PURPOSES OF THIS SECTION, "ARTS COUNCIL" MEANS A 3 TAX-EXEMPT ORGANIZATION WHICH PROMOTES THE VISUAL ARTS, 4 PERFORMING ARTS, OR BOTH, AND WHICH RECEIVES FUNDING UNDER THE 5 LOCAL ARTS SERVICES PROGRAM ADMINISTERED BY THE PENNSYLVANIA 6 COUNCIL ON THE ARTS.] 7 (H) THE BOARD MAY ISSUE A SPECIAL OCCASION PERMIT TO AN 8 ELIGIBLE ENTITY. THE BOARD MAY ALSO ISSUE A SPECIAL OCCASION 9 PERMIT TO ONE AUXILIARY OF ANY ELIGIBLE ENTITY. ANY ELIGIBLE 10 ENTITY THAT WISHES TO ACQUIRE A SPECIAL OCCASION PERMIT MUST 11 SUBMIT A WRITTEN APPLICATION TO THE BOARD IN SUCH FORM AND 12 CONTAINING SUCH INFORMATION AS THE BOARD SHALL FROM TIME TO TIME 13 PRESCRIBE. THE FEE FOR SPECIAL OCCASION PERMITS SHALL BE AS SET 14 FORTH UNDER SECTION 614-A(24) OF THE ACT OF APRIL 9, 1929 15 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929." 16 (I) ONLY ONE SPECIAL OCCASION PERMIT SHALL BE ISSUED TO EACH 17 ELIGIBLE ENTITY PER CALENDAR YEAR. EACH PERMIT MAY ONLY BE USED 18 FOR SIX CONSECUTIVE OR NONCONSECUTIVE DAYS; HOWEVER, IF THE 19 ELIGIBLE ENTITY IS A MUSEUM OPERATED BY A NONPROFIT CORPORATION 20 IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE FIRST CLASS, A 21 NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN A CITY 22 OF THE THIRD CLASS OR IN AN INCORPORATED TOWN, OR AN ARTS 23 COUNCIL, THEN THE SPECIAL OCCASION PERMIT MAY BE USED FOR SIX 24 NONCONSECUTIVE OR TEN CONSECUTIVE DAYS. 25 (J) THE ELIGIBLE ENTITY SHALL GIVE THE LOCAL POLICE 26 DEPARTMENT OR THE PENNSYLVANIA STATE POLICE, IF THERE IS NO 27 LOCAL POLICE DEPARTMENT, WRITTEN NOTICE AT LEAST FORTY-EIGHT 28 HOURS PRIOR TO EACH USE OF THE SPECIAL OCCASION PERMIT. WRITTEN 29 NOTICE CONSISTS OF NOTIFYING THE POLICE OF THE DATE, TIME AND 30 PLACE OF THE IMPENDING SALE OF ALCOHOLIC BEVERAGES. 20020H2574B4664 - 21 -
1 (K) SPECIAL OCCASION PERMIT HOLDERS MAY SELL ALCOHOLIC 2 BEVERAGES DURING THE SAME HOURS AS RESTAURANT LIQUOR LICENSE 3 HOLDERS. IN ADDITION, SPECIAL OCCASION PERMIT HOLDERS MAY SELL 4 ANY TYPE OF ALCOHOL FOR CONSUMPTION OFF THE LICENSED PREMISES. 5 (L) THE ISSUANCE OF A SPECIAL OCCASION PERMIT DOES NOT 6 PRECLUDE THE ELIGIBLE ENTITY FROM ACQUIRING AND RETAINING ANY 7 OTHER LIQUOR LICENSE TO WHICH IT MAY BE ENTITLED; HOWEVER, THE 8 BOARD SHALL NOT ISSUE A SPECIAL OCCASION PERMIT FOR PREMISES 9 ALREADY LICENSED BY THE BOARD UNLESS THE APPLICANT OWNS THE 10 PREMISES AND IS A VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE 11 COMPANY OR VOLUNTEER AMBULANCE SQUAD. 12 (M) THE PURPOSE OF A SPECIAL OCCASION PERMIT IS TO PROVIDE 13 THE ELIGIBLE ENTITY WITH A MEANS OF RAISING FUNDS FOR ITSELF. 14 THE PERMIT MAY BE USED IN CONJUNCTION WITH ACTIVITIES AND EVENTS 15 INVOLVING OTHER ENTITIES; HOWEVER, NO ONE OTHER THAN THE HOLDER 16 OF THE SPECIAL OCCASION PERMIT MAY ACQUIRE A PECUNIARY INTEREST 17 IN THE PERMIT. 18 (N) THE BOARD MAY REFUSE TO ISSUE A SPECIAL OCCASION PERMIT 19 IF IT FINDS THAT THE APPLICANT IS NOT REPUTABLE, OR DOES NOT 20 OTHERWISE MEET THE REQUIREMENTS OF THIS ACT. THE RIGHT TO REFUSE 21 TO ISSUE A SPECIAL OCCASION PERMIT MAY BE BASED IN WHOLE OR IN 22 PART ON THE APPLICANT'S PRIOR OPERATIONAL HISTORY WITH EITHER A 23 SPECIAL OCCASION PERMIT OR A LICENSE ISSUED BY THE BOARD. 24 (O) THE HOLDER OF A SPECIAL OCCASION PERMIT IS SUBJECT TO 25 THE PROVISIONS OF SECTION 493(1). 26 (P) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF 27 THE ELIGIBLE ENTITY IS A REGATTA IN A CITY OF THE SECOND CLASS 28 HELD ON THE GROUNDS OF A STATE PARK, THE REGATTA MAY INSTALL A 29 SECURITY FENCE OR SIMILAR ENCLOSURE AROUND THE BOUNDARY OF THE 30 STATE PARK OR A PORTION OF THE STATE PARK DURING THE REGATTA AND 20020H2574B4664 - 22 -
1 MAY CHARGE AN ADMITTANCE FEE NOT TO EXCEED FIVE DOLLARS ($5) PER 2 DAY. 3 SECTION 8. SECTIONS 409(C) AND 410(D) OF THE ACT ARE AMENDED 4 TO READ: 5 SECTION 409. SACRAMENTAL WINE LICENSES; FEES; PRIVILEGES; 6 RESTRICTIONS.--* * * 7 (C) IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION 8 MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES OR A 9 RESIDENT ALIEN AND A RESIDENT OF THIS COMMONWEALTH. IF THE 10 APPLICANT IS AN ASSOCIATION OR PARTNERSHIP, EACH AND EVERY 11 MEMBER OF THE ASSOCIATION OR PARTNERSHIP MUST BE A CITIZEN OF 12 THE UNITED STATES OR A RESIDENT ALIEN AND A RESIDENT OF THIS 13 COMMONWEALTH. IF THE APPLICANT IS A CORPORATION, THE APPLICATION 14 MUST SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF 15 PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT 16 BUSINESS IN PENNSYLVANIA, AND THAT ALL OFFICERS, DIRECTORS AND 17 STOCKHOLDERS ARE CITIZENS OF THE UNITED STATES OR RESIDENT 18 ALIENS. 19 * * * 20 SECTION 410. LIQUOR IMPORTERS' LICENSES; FEES; PRIVILEGES; 21 RESTRICTIONS.--* * * 22 (D) IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION 23 MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES OR A 24 RESIDENT ALIEN AND A RESIDENT OF THIS COMMONWEALTH. IF THE 25 APPLICANT IS AN ASSOCIATION OR PARTNERSHIP, EACH AND EVERY 26 MEMBER OF THE ASSOCIATION OR PARTNERSHIP MUST BE A CITIZEN OF 27 THE UNITED STATES OR A RESIDENT ALIEN AND A RESIDENT OF THIS 28 COMMONWEALTH. IF THE APPLICANT IS A CORPORATION, THE APPLICATION 29 MUST SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF 30 PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT 20020H2574B4664 - 23 -
1 BUSINESS IN PENNSYLVANIA, AND THAT ALL OFFICERS, DIRECTORS AND 2 STOCKHOLDERS ARE CITIZENS OF THE UNITED STATES OR RESIDENT 3 ALIENS. 4 * * * 5 SECTION 9. SECTION 412(F)(4) OF THE ACT, AMENDED FEBRUARY 6 21, 2002 (P.L.103, NO.10), IS AMENDED AND THE SECTION IS AMENDED 7 BY ADDING A SUBSECTION TO READ: 8 SECTION 412. PUBLIC VENUE LICENSE.--* * * 9 (F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED 10 RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL 11 RESTRICTIONS AND PRIVILEGES APPLY: 12 * * * 13 (4) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT 14 TO: (I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (II) 15 THE QUOTA RESTRICTIONS OF SECTION 461; (IV) THE PROVISIONS OF 16 SECTION 493(10) EXCEPT AS THEY RELATE TO LEWD, IMMORAL OR 17 IMPROPER ENTERTAINMENT; [AND] (V) THE PROHIBITION AGAINST MINORS 18 FREQUENTING AS DESCRIBED IN SECTION 493(14) AND (VI) THE COST 19 AND TOTAL DISPLAY AREA LIMITATIONS OF SECTION 493(20)(I). IN 20 ADDITION, LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE 21 SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN SECTION 102. 22 (g) The board is authorized to issue multiple licenses under 23 this section for use in a public venue with permanent seating of 24 at least thirty-five thousand (35,000) people. If the board does 25 issue more than one license for a specific public venue, written 26 notice of the event must be provided to the enforcement bureau 27 at least forty-eight hours in advance of the dispensing of any 28 liquor or malt or brewed beverages. The notice shall include the 29 date, time and specific licensed areas to be used. No more than 30 one license issued under this section shall be in effect at any 20020H2574B4664 - 24 -
1 location at any time of day at the same time. 2 Section 4 10. Section 431(b) of the act, amended December <-- 3 21, 1998 (P.L.1202, No.155), is amended to read: 4 Section 431. Malt and Brewed Beverages Manufacturers', 5 Distributors' and Importing Distributors' Licenses.--* * * 6 (b) The board shall issue to any reputable person who 7 applies therefor, and pays the license fee hereinafter 8 prescribed, a distributor's or importing distributor's license 9 for the place which such person desires to maintain for the sale 10 of malt or brewed beverages, not for consumption on the premises 11 where sold, and in quantities of not less than a case or 12 original containers containing one hundred twenty-eight ounces 13 or more which may be sold separately as prepared for the market 14 by the manufacturer at the place of manufacture. The board may 15 enter into an agreement with the applicant concerning additional 16 restrictions on the license in question. If the board and the 17 applicant enter into such an agreement, such agreement shall be 18 binding on the applicant. Failure by the applicant to adhere to 19 the agreement will be sufficient cause to form the basis for a 20 citation under section 471 and for the nonrenewal of the license 21 under section 470. In the event that a licensee violates the 22 agreement on three separate occasions, the license shall be 23 revoked. If the board enters into an agreement with an applicant 24 concerning additional restrictions, those restrictions shall be 25 binding on subsequent owners of the license until the license is 26 transferred to a new location or until the board enters into a 27 subsequent agreement removing those restrictions. If the 28 application in question involves a location previously licensed 29 by the board then any restrictions imposed by the board on the 30 previous license at that location shall be binding on the 20020H2574B4664 - 25 -
1 applicant unless the board enters into a new agreement 2 rescinding those restrictions. The board shall have the 3 discretion to refuse a license to any person or to any 4 corporation, partnership or association if such person, or any 5 officer or director of such corporation, or any member or 6 partner of such partnership or association shall have been 7 convicted or found guilty of a felony within a period of five 8 years immediately preceding the date of application for the said 9 license: And provided further, That, in the case of any new 10 license or the transfer of any license to a new location, the 11 board may, in its discretion, grant or refuse such new license 12 or transfer if such place proposed to be licensed is within 13 three hundred feet of any church, hospital, charitable 14 institution, school or public playground, or if such new license 15 or transfer is applied for a place which is within two hundred 16 feet of any other premises which is licensed by the board: And 17 provided further, That the board shall refuse any application 18 for a new license or the transfer of any license to a new 19 location if, in the board's opinion, such new license or 20 transfer would be detrimental to the welfare, health, peace and 21 morals of the inhabitants of the neighborhood within a radius of 22 five hundred feet of the place proposed to be licensed. The 23 board shall refuse any application for a new license or the 24 transfer of any license to a location where the sale of liquid 25 fuels or oil is conducted. The board shall require notice to be 26 posted on the property or premises upon which the licensee or 27 proposed licensee will engage in sales of malt or brewed 28 beverages. This notice shall be similar to the notice required 29 of hotel, restaurant and club liquor licensees. 30 Except as hereinafter provided, such license shall authorize 20020H2574B4664 - 26 -
1 the holder thereof to sell or deliver malt or brewed beverages 2 in quantities above specified anywhere within the Commonwealth 3 of Pennsylvania, which, in the case of distributors, have been 4 purchased only from persons licensed under this act as 5 manufacturers or importing distributors, and in the case of 6 importing distributors, have been purchased from manufacturers 7 or persons outside this Commonwealth engaged in the legal sale 8 of malt or brewed beverages or from manufacturers or importing 9 distributors licensed under this article. In the case of an 10 importing distributor, the holder of such a license shall be 11 authorized to store malt or brewed beverages owned by an out of 12 State manufacturer at a segregated portion of a warehouse or 13 other storage facility authorized by section 441(d) and operated 14 by the importing distributor within its appointed territory and 15 deliver such beverages to another importing distributor who has 16 been granted distribution rights by the out of State 17 manufacturer as provided herein. The importing distributor shall 18 be permitted to receive a fee from the out of State manufacturer 19 for any related storage or delivery services. In the case of a 20 bailee for hire hired by an out of State manufacturer, the 21 holder of such a permit shall be authorized: to receive or store 22 malt or brewed beverages under the same conditions as permitted 23 for a distributor or importing distributor under section 441(f) 24 produced by that out of State manufacturer for sale by that 25 manufacturer to importing distributors to whom that out of State 26 manufacturer has given distribution rights pursuant to this 27 subsection or to purchasers outside this Commonwealth for 28 delivery outside this Commonwealth; or to ship to that out of 29 State manufacturer's storage facilities outside this 30 Commonwealth. The bailee for hire shall be permitted to receive 20020H2574B4664 - 27 -
1 a fee from the out of State manufacturer for any related storage 2 or delivery services. The bailee for hire shall, as required in 3 Article V of this act, keep complete and accurate records of all 4 transactions, inventory, receipts and shipments and make all 5 records and the licensed areas available for inspection by the 6 board and for the Pennsylvania State Police, Bureau of Liquor 7 Control Enforcement, during normal business hours. 8 Each out of State manufacturer of malt or brewed beverages 9 whose products are sold and delivered in this Commonwealth shall 10 give distributing rights for such products in designated 11 geographical areas to specific importing distributors, and such 12 importing distributor shall not sell or deliver malt or brewed 13 beverages manufactured by the out of State manufacturer to any 14 person issued a license under the provisions of this act whose 15 licensed premises are not located within the geographical area 16 for which he has been given distributing rights by such 17 manufacturer. Should a licensee accept the delivery of such malt 18 or brewed beverages in violation of this section, said licensee 19 shall be subject to a suspension of his license for at least 20 thirty days: Provided, That the importing distributor holding 21 such distributing rights for such product shall not sell or 22 deliver the same to another importing distributor without first 23 having entered into a written agreement with the said secondary 24 importing distributor setting forth the terms and conditions 25 under which such products are to be resold within the territory 26 granted to the primary importing distributor by the 27 manufacturer. 28 When a Pennsylvania manufacturer of malt or brewed beverages 29 licensed under this article names or constitutes a distributor 30 or importing distributor as the primary or original supplier of 20020H2574B4664 - 28 -
1 his product, he shall also designate the specific geographical
2 area for which the said distributor or importing distributor is
3 given distributing rights, and such distributor or importing
4 distributor shall not sell or deliver the products of such
5 manufacturer to any person issued a license under the provisions
6 of this act whose licensed premises are not located within the
7 geographical area for which distributing rights have been given
8 to the distributor and importing distributor by the said
9 manufacturer: Provided, That the importing distributor holding
10 such distributing rights for such product shall not sell or
11 deliver the same to another importing distributor without first
12 having entered into a written agreement with the said secondary
13 importing distributor setting forth the terms and conditions
14 under which such products are to be resold within the territory
15 granted to the primary importing distributor by the
16 manufacturer. Nothing herein contained shall be construed to
17 prevent any manufacturer from authorizing the importing
18 distributor holding the distributing rights for a designated
19 geographical area from selling the products of such manufacturer
20 to another importing distributor also holding distributing
21 rights from the same manufacturer for another geographical area,
22 providing such authority be contained in writing and a copy
23 thereof be given to each of the importing distributors so
24 affected.
25 * * *
26 Section 5 11. Section 432(d) and (e) of the act, amended <--
27 December 20, 2000 (P.L.992, No.141), are amended to read:
28 Section 432. Malt and Brewed Beverages Retail Licenses.--* *
29 *
30 (d) The board shall, in its discretion, grant or refuse any
20020H2574B4664 - 29 -
1 new license or the transfer of any license to a new location if 2 such place proposed to be licensed is within three hundred feet 3 of any church, hospital, charitable institution, school, or 4 public playground, or if such new license or transfer is applied 5 for a place which is within two hundred feet of any other 6 premises which is licensed by the board. The board may enter 7 into an agreement with the applicant concerning additional 8 restrictions on the license in question. If the board and the 9 applicant enter into such an agreement, such agreement shall be 10 binding on the applicant. Failure by the applicant to adhere to 11 the agreement will be sufficient cause to form the basis for a 12 citation under section 471 and for the nonrenewal of the license 13 under section 470. In the event that a licensee violates the 14 agreement on three separate occasions, the license shall be 15 revoked. If the board enters into an agreement with an applicant 16 concerning additional restrictions, those restrictions shall be 17 binding on subsequent owners of the license until the license is 18 transferred to a new location or until the board enters into a 19 subsequent agreement removing those restrictions. If the 20 application in question involves a location previously licensed 21 by the board then any restrictions imposed by the board on the 22 previous license at that location shall be binding on the 23 applicant unless the board enters into a new agreement 24 rescinding those restrictions. The board shall refuse any 25 application for a new license or the transfer of any license to 26 a new location if, in the board's opinion, such new license or 27 transfer would be detrimental to the welfare, health, peace and 28 morals of the inhabitants of the neighborhood within a radius of 29 five hundred feet of the place to be licensed. The board shall 30 refuse any application for a new license or the transfer of any 20020H2574B4664 - 30 -
1 license to a location where the sale of liquid fuels or oil is 2 conducted: And provided further, That the board shall have the 3 discretion to refuse a license to any person or to any 4 corporation, partnership or association if such person, or any 5 officer or director of such corporation, or any member or 6 partner of such partnership or association shall have been 7 convicted or found guilty of a felony within a period of five 8 years immediately preceding the date of application for the said 9 license. The board may, in its discretion, refuse an application 10 for an economic development license under section 461(b.1) or an 11 application for an intermunicipal transfer or a license if the 12 board receives a protest from the governing body of the 13 receiving municipality. The receiving municipality of an 14 intermunicipal transfer or an economic development license under 15 section 461(b.1) may file a protest against the approval for 16 issuance of a license for economic development or an 17 intermunicipal transfer of a license into its municipality, and 18 such municipality shall have standing in a hearing to present 19 testimony in support of or against the issuance or transfer of a 20 license. Upon any opening in any quota, an application for a new 21 license shall only be filed with the board for a period of six 22 months following said opening. 23 (e) Every applicant for a new or for the transfer of an 24 existing license to another premises not then licensed shall 25 post, for a period of at least [fifteen] thirty days beginning 26 with the day the application is filed with the board, in a 27 conspicuous place on the outside of the premises or in a window 28 plainly visible from the outside of the premises for which the 29 license is applied or at the proposed new location, a notice of 30 such application[,]. The notice shall indicate whether the 20020H2574B4664 - 31 -
1 applicant is applying for the amusement permit required by 2 section 493(10). The notice shall be in such form, be of such 3 size, and [containing] contain such provisions as the board may 4 require by its regulations. Proof of the posting of such notice 5 shall be filed with the board. 6 * * * 7 SECTION 12. SECTION 436(B) OF THE ACT, AMENDED FEBRUARY 21, <-- 8 2002 (P.L.103, NO.10), IS AMENDED TO READ: 9 SECTION 436. APPLICATION FOR DISTRIBUTORS', IMPORTING 10 DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES.--APPLICATION FOR 11 DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS' 12 LICENSES, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER 13 PREMISES NOT THEN LICENSED, OR TO ANOTHER PERSON, SHALL CONTAIN 14 OR HAVE ATTACHED THERETO THE FOLLOWING INFORMATION AND 15 STATEMENTS: 16 * * * 17 (B) THE PARTICULAR PLACE FOR WHICH THE LICENSE IS DESIRED 18 AND A DETAILED DESCRIPTION THEREOF. THE DESCRIPTION, INFORMATION 19 AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW THE PREMISES 20 OR THE PROPOSED LOCATION FOR THE CONSTRUCTION OF THE PREMISES AT 21 THE TIME THE APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS 22 PROPOSED TO BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE 23 CONSTRUCTED AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION 24 FOR A LICENSE, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO 25 ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER PERSON. NO 26 PHYSICAL ALTERATIONS, IMPROVEMENTS OR CHANGES SHALL BE REQUIRED 27 TO BE MADE TO ANY HOTEL, EATING PLACE OR CLUB, NOR SHALL ANY NEW 28 BUILDING FOR ANY SUCH PURPOSE BE REQUIRED TO BE CONSTRUCTED 29 UNTIL APPROVAL OF THE APPLICATION FOR LICENSE OR FOR THE 30 TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN 20020H2574B4664 - 32 -
1 LICENSED OR TO ANOTHER PERSON BY THE BOARD. AFTER APPROVAL OF 2 THE APPLICATION, THE LICENSEE SHALL MAKE THE PHYSICAL 3 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES, 4 OR SHALL CONSTRUCT THE NEW BUILDING IN THE MANNER SPECIFIED BY 5 THE BOARD AT THE TIME OF APPROVAL. THE LICENSEE SHALL NOT 6 TRANSACT ANY BUSINESS UNDER THE LICENSE UNTIL THE BOARD HAS 7 APPROVED THE COMPLETED PHYSICAL ALTERATIONS, IMPROVEMENTS AND 8 CHANGES OF THE LICENSED PREMISES OR THE COMPLETED CONSTRUCTION 9 OF THE NEW BUILDING AS CONFORMING TO THE SPECIFICATIONS REQUIRED 10 BY THE BOARD AT THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE 11 AND IS SATISFIED THAT THE PREMISES MEET THE REQUIREMENTS FOR A 12 DISTRIBUTOR'S OR IMPORTING DISTRIBUTOR'S LICENSE AS SET FORTH IN 13 THIS ACT OR THAT THE ESTABLISHMENT IS AN EATING PLACE, HOTEL OR 14 CLUB AS DEFINED BY THIS ACT. THE BOARD MAY REQUIRE THAT ALL SUCH 15 ALTERATIONS OR CONSTRUCTION OR CONFORMITY TO DEFINITION BE 16 COMPLETED WITHIN SIX MONTHS FROM THE TIME OF ISSUANCE OR 17 TRANSFER OF THE LICENSE. FAILURE TO COMPLY WITH THESE 18 REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION OF THE 19 LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN THE TIME 20 OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL OF THE 21 COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND FULL 22 COMPLIANCE BY THE LICENSEE WITH THE REQUIREMENTS OF THIS ACT, 23 EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL 24 COMPLIANCE WITH ALL OF THE AFOREMENTIONED REQUIREMENTS[,] OR 25 UNLESS FULL COMPLIANCE IS IMPOSSIBLE FOR REASONS BEYOND THE 26 LICENSEE'S CONTROL, IN WHICH EVENT THE LICENSE MAY BE 27 TRANSFERRED BY THE BOARD AS PROVIDED IN THIS ACT. 28 * * * 29 Section 6 13. Section 441(b) of the act, amended May 31, <-- 30 1996 (P.L.312, No.49), is amended to read: 20020H2574B4664 - 33 -
1 Section 441. Distributors' and Importing Distributors' 2 Restrictions on Sales, Storage, Etc.--* * * 3 (b) No distributor or importing distributor shall sell any 4 malt or brewed beverages in quantities of less than a case or 5 original containers containing one hundred twenty-eight ounces 6 or more which may be sold separately: Provided, That no malt or 7 brewed beverages sold or delivered shall be consumed upon the 8 premises of the distributor or importing distributor, or in any 9 place provided for such purpose by such distributor or importing 10 distributor. Notwithstanding this section or any other section 11 of this act, malt or brewed beverages which are part of a 12 tasting conducted pursuant to the board's regulations may be 13 consumed on licensed premises. 14 SECTION 14. SECTION 442 OF THE ACT IS AMENDED BY ADDING A <-- 15 SUBSECTION TO READ: 16 SECTION 442. RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES 17 AND SALES.--* * * 18 (E) THE HOLDER OF A RETAIL DISPENSER LICENSE LOCATED IN A 19 HOTEL MAY ALLOW PERSONS TO TRANSPORT MALT OR BREWED BEVERAGES 20 FROM THE LICENSED PORTION OF THE PREMISES TO THE UNLICENSED 21 PORTION OF THE PREMISES SO LONG AS THE MALT OR BREWED BEVERAGES 22 REMAIN ON THE HOTEL PROPERTY. IN ADDITION, THE HOLDER OF A 23 RETAIL DISPENSER LICENSE LOCATED ON A GOLF COURSE MAY ALLOW ITS 24 PATRONS TO ORDER MALT OR BREWED BEVERAGES ON LICENSED PREMISES 25 FOR SUBSEQUENT DELIVERY BY THE LICENSEE ON NONLICENSED PORTIONS 26 OF THE PREMISES, INCLUDING THE GOLF COURSE. 27 Section 7 15. Section 470(a) of the act, amended December <-- 28 21, 1998 (P.L.1202, No.155), is amended to read: 29 Section 470. Renewal of Licenses; Temporary Provisions for 30 Licensees in Armed Service.--(a) All applications for renewal 20020H2574B4664 - 34 -
1 of licenses under the provisions of this article shall be filed 2 with tax clearance from the Department of Revenue and the 3 Department of Labor and Industry and requisite license and 4 filing fees at least sixty days before the expiration date of 5 same: Provided, however, That the board, in its discretion, may 6 accept nunc pro tunc a renewal application filed less than sixty 7 days before the expiration date of the license with the required 8 fees, upon reasonable cause shown and the payment of an 9 additional filing fee of one hundred dollars ($100.00) for late 10 filing: And provided further, That except where the failure to 11 file a renewal application on or before the expiration date has 12 created a license quota vacancy after said expiration date which 13 has been filled by the issuance of a new license, after such 14 expiration date, but before the board has received a renewal 15 application nunc pro tunc within the time prescribed herein the 16 board, in its discretion, may, after hearing, accept a renewal 17 application filed within two years after the expiration date of 18 the license with the required fees upon the payment of an 19 additional filing fee of two hundred fifty dollars ($250.00) for 20 late filing. Where any such renewal application is filed less 21 than sixty days before the expiration date, or subsequent to the 22 expiration date, no license shall issue upon the filing of the 23 renewal application until the matter is finally determined by 24 the board and if an appeal is taken from the board's action the 25 courts shall not order the issuance of the renewal license until 26 final determination of the matter by the courts. The board may 27 enter into an agreement with the applicant concerning additional 28 restrictions on the license in question. If the board and the 29 applicant enter into such an agreement, such agreement shall be 30 binding on the applicant. Failure by the applicant to adhere to 20020H2574B4664 - 35 -
1 the agreement will be sufficient cause to form the basis for a 2 citation under section 471 and for the nonrenewal of the license 3 under this section. In the event that a licensee violates the 4 agreement on three separate occasions, the license shall be 5 revoked. A renewal application will not be considered filed 6 unless accompanied by the requisite filing and license fees and 7 any additional filing fee required by this section. Unless the 8 board shall have given ten days' previous notice to the 9 applicant of objections to the renewal of his license, based 10 upon violation by the licensee or his servants, agents or 11 employes of any of the laws of the Commonwealth or regulations 12 of the board relating to the manufacture, transportation, use, 13 storage, importation, possession or sale of liquors, alcohol or 14 malt or brewed beverages, or the conduct of a licensed 15 establishment, or unless the applicant has by his own act become 16 a person of ill repute, or unless the premises do not meet the 17 requirements of this act or the regulations of the board, the 18 license of a licensee shall be renewed. 19 * * * 20 Section 8 16. Section 471(c) of the act, amended February <-- 21 21, 2002 (P.L.103, No.10), is amended to read: 22 Section 471. Revocation and Suspension of Licenses; Fines.-- 23 * * * 24 (c) The administrative law judge may consider the licensee's 25 prior citation history when imposing a penalty. If the violation 26 in question is a third or subsequent violation of [this act] any 27 offense referred to in subsection (b) or Title 18 of the 28 Pennsylvania Consolidated Statutes (relating to crimes and 29 offenses), occurring within a period of four years, the 30 administrative law judge shall impose a suspension or 20020H2574B4664 - 36 -
1 revocation. 2 * * * 3 SECTION 17. SECTION 472 OF THE ACT IS AMENDED BY ADDING A <-- 4 SUBSECTION TO READ: 5 SECTION 472. LOCAL OPTION.--* * * 6 (E) A VOTE ON THE BALLOT QUESTION REGARDING THE GRANTING OF 7 LIQUOR LICENSES THAT CHANGES THE MUNICIPALITY'S STATUS ON THAT 8 ISSUE SUPERSEDES ANY EARLIER CONTRARY VOTES ON THE GRANTING OF 9 LIQUOR LICENSES TO PUBLIC VENUES, PERFORMING ARTS FACILITIES, 10 HOTELS, GOLF COURSES, INCORPORATED UNITS OF NATIONAL VETERANS' 11 CLUBS AND SPECIAL OCCASION PERMITS. IN ADDITION, A VOTE ON THE 12 BALLOT QUESTION REGARDING THE GRANTING OF LIQUOR LICENSES THAT 13 CHANGES THE MUNICIPALITY'S STATUS ON THAT ISSUE SUPERSEDES ANY 14 EARLIER CONTRARY VOTES ON THE ISSUANCE OF GRANTING LICENSES TO 15 RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES. 16 SECTION 18. SECTION 472.3(A) OF THE ACT IS AMENDED TO READ: 17 SECTION 472.3. EXCHANGE OF CERTAIN LICENSES.--(A) [IN ANY 18 MUNICIPALITY WHEREIN RESTAURANT LIQUOR LICENSE ISSUE, THE] THE 19 BOARD MAY ISSUE TO A CLUB AS DEFINED IN THIS ACT, A CLUB LIQUOR 20 LICENSE IN EXCHANGE FOR A CLUB RETAIL DISPENSER LICENSE IN ANY 21 MUNICIPALITY WHICH HAS APPROVED THE GRANTING OF LIQUOR LICENSES. 22 * * * 23 Section 9 19. The act is amended by adding a section to <-- 24 read: 25 Section 474.1. Surrender of Restaurant, Eating Place Retail 26 Dispenser, Hotel, Importing Distributor and Distributor License 27 for Benefit of Licensee.--(a) A restaurant, eating place retail 28 dispenser, hotel, importing distributor and distributor licensee 29 whose licensed establishment is not in operation for fifteen 30 consecutive days shall return its license for safekeeping with 20020H2574B4664 - 37 -
1 the board no later than at the expiration of the fifteen-day 2 period. The license may only be reissued from safekeeping in the 3 manner set forth by the board through regulation. 4 (b) The board may hold the license in safekeeping for a 5 period not to exceed three consecutive years. Any license 6 remaining in safekeeping for more than three consecutive years 7 shall be immediately revoked by the Bureau of Licensing unless a 8 transfer application or request for reissue from safekeeping has 9 been filed prior to the expiration of the three-year period. The 10 board shall extend the period for an additional year if at the 11 end of the three-year period, the licensed premises are 12 unavailable due to fire, flood or other similar natural 13 disaster. 14 (c) In the event a transfer application filed prior to the 15 expiration of the three-year period is disapproved by the board, 16 through its exercise of discretion, then the license may remain 17 in safekeeping for an additional period of three consecutive 18 months after the board's decision to refuse the transfer 19 application. Failure to remove the license from safekeeping or 20 to file another transfer application prior to the expiration of 21 the three-month period of time shall result in revocation of the 22 license. 23 (d) Any period of time in which the licensee allows the 24 license to lapse by not filing a timely license renewal or 25 license validation shall be considered time in which the license 26 was held in safekeeping, for purposes of this section. 27 (e) A license placed in safekeeping prior to the effective 28 date of this act will be deemed to have been placed in 29 safekeeping on the effective date of this act, for purposes of 30 this section. 20020H2574B4664 - 38 -
1 SECTION 20. SECTION 478(C) OF THE ACT IS REPEALED. <-- 2 SECTION 21. SECTION 491(7) AND (11) OF THE ACT, AMENDED 3 FEBRUARY 21, 2002 (P.L.103, NO.10), ARE AMENDED TO READ: 4 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND 5 LIQUOR LICENSEES.-- 6 IT SHALL BE UNLAWFUL-- 7 * * * 8 (7) SALES OF LIQUOR BY MANUFACTURERS AND LICENSED IMPORTERS. 9 FOR ANY MANUFACTURER OR LICENSED IMPORTER OF LIQUOR IN THIS 10 COMMONWEALTH, HIS AGENTS, SERVANTS OR EMPLOYES, TO SELL OR OFFER 11 TO SELL ANY LIQUOR IN THIS COMMONWEALTH EXCEPT TO THE BOARD FOR 12 USE IN PENNSYLVANIA LIQUOR STORES, AND IN THE CASE OF A 13 MANUFACTURER, TO THE HOLDER OF A SACRAMENTAL WINE LICENSE OR AN 14 IMPORTER'S LICENSE[, BUT A MANUFACTURER OR LICENSED IMPORTER MAY 15 SELL OR OFFER TO SELL LIQUOR TO PERSONS OUTSIDE OF THIS 16 COMMONWEALTH]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, 17 A MANUFACTURER OR LICENSED IMPORTER MAY SELL OR OFFER TO SELL 18 LIQUOR FOR DELIVERY OUTSIDE OF THIS COMMONWEALTH. 19 * * * 20 (11) IMPORTATION OF LIQUOR. FOR ANY PERSON, OTHER THAN THE 21 BOARD OR THE HOLDER OF A SACRAMENTAL WINE LICENSE, AN IMPORTER'S 22 LICENSE OR A DIRECT SHIPPER'S LICENSE, TO IMPORT ANY LIQUOR 23 WHATSOEVER INTO THIS COMMONWEALTH, BUT THIS SECTION SHALL NOT BE 24 CONSTRUED TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM 25 PURCHASING AND SELLING LIQUORS PURCHASED OUTSIDE THE 26 COMMONWEALTH IN THEIR DINING, CLUB AND BUFFET CARS WHICH ARE 27 COVERED BY PUBLIC SERVICE LIQUOR LICENSES AND WHICH ARE OPERATED 28 IN THIS COMMONWEALTH. 29 * * * 30 SECTION 22. SECTION 492(8) AND (10) OF THE ACT, AMENDED 20020H2574B4664 - 39 -
1 DECEMBER 21 1998 (P.L.1202, NO.155), ARE AMENDED TO READ: 2 SECTION 492. UNLAWFUL ACTS RELATIVE TO MALT OR BREWED 3 BEVERAGES AND LICENSEES.-- 4 IT SHALL BE UNLAWFUL-- 5 * * * 6 (8) TRANSPORTATION AND IMPORTATION OF MALT OR BREWED 7 BEVERAGES. FOR ANY PERSON, TO TRANSPORT MALT OR BREWED BEVERAGES 8 EXCEPT IN THE ORIGINAL CONTAINERS, OR TO TRANSPORT MALT OR 9 BREWED BEVERAGES FOR ANOTHER WHO IS ENGAGED IN SELLING EITHER 10 LIQUOR OR MALT OR BREWED BEVERAGES, UNLESS SUCH PERSON SHALL 11 HOLD (A) A LICENSE TO TRANSPORT FOR HIRE, ALCOHOL, LIQUOR AND 12 MALT OR BREWED BEVERAGES, AS HEREINAFTER PROVIDED IN THIS ACT, 13 OR (B) SHALL HOLD A PERMIT ISSUED BY THE BOARD AND SHALL HAVE 14 PAID TO THE BOARD SUCH PERMIT FEE, AS PRESCRIBED IN SECTION 614- 15 A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE 16 ADMINISTRATIVE CODE OF 1929," ANY OTHER LAW TO THE CONTRARY 17 NOTWITHSTANDING. THIS CLAUSE SHALL NOT BE CONSTRUED: 18 (I) TO PROHIBIT TRANSPORTATION OF MALT OR BREWED BEVERAGES 19 THROUGH THIS COMMONWEALTH AND NOT FOR DELIVERY IN THIS 20 COMMONWEALTH IF SUCH TRANSPORTING IS DONE IN ACCORDANCE WITH THE 21 RULES AND REGULATIONS OF THE BOARD; OR 22 (II) TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM SELLING 23 MALT OR BREWED BEVERAGES PURCHASED OUTSIDE THIS COMMONWEALTH IN 24 THEIR DINING, CLUB AND BUFFET CARS WHICH ARE COVERED BY PUBLIC 25 SERVICE LIQUOR LICENSES AND WHICH ARE OPERATED IN THIS 26 COMMONWEALTH. 27 * * * 28 [(10) IMPORTING OR TRANSPORTING MALT OR BREWED BEVERAGES 29 WITHOUT TAX STAMPS. FOR ANY PERSON, TO TRANSPORT WITHIN OR 30 IMPORT ANY MALT OR BREWED BEVERAGES INTO THIS COMMONWEALTH, 20020H2574B4664 - 40 -
1 EXCEPT IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
2 BOARD, OR FOR ANY PERSON TO TRANSPORT MALT OR BREWED BEVERAGES
3 INTO OR WITHIN THIS COMMONWEALTH, UNLESS THERE SHALL BE AFFIXED
4 TO THE ORIGINAL CONTAINERS IN WHICH SUCH MALT OR BREWED
5 BEVERAGES ARE TRANSPORTED, STAMPS OR CROWNS EVIDENCING THE
6 PAYMENT OF THE MALT LIQUOR TAX TO THE COMMONWEALTH: PROVIDED,
7 HOWEVER, THAT THIS CLAUSE SHALL NOT BE CONSTRUED TO PROHIBIT
8 TRANSPORTATION OF MALT OR BREWED BEVERAGES THROUGH THIS
9 COMMONWEALTH AND NOT FOR DELIVERY THEREIN, IF SUCH TRANSPORTING
10 IS DONE IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
11 BOARD.]
12 * * *
13 Section 10 23. Section 493(13), (17) and (20)(i) of the act, <--
14 amended May 31, 1996 (P.L.312, No.49) and November 10, 1999
15 (P.L.514, No.47), are amended to read:
16 Section 493. Unlawful Acts Relative to Liquor, Malt and
17 Brewed Beverages and Licensees.--The term "licensee," when used
18 in this section, shall mean those persons licensed under the
19 provisions of Article IV, unless the context clearly indicates
20 otherwise.
21 It shall be unlawful--
22 * * *
23 (13) Retail Licensees Employing Minors. For any hotel,
24 restaurant or club liquor licensee, or any retail dispenser, to
25 employ or to permit any minor under the age of eighteen to serve
26 any alcoholic beverages or to employ or permit any minor under
27 the age of sixteen to render any service whatever in the
28 licensed premises, nor shall any entertainer under the age of
29 eighteen be employed or permitted to perform in any licensed
30 premises in violation of the labor laws of this Commonwealth:
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1 Provided, That in accordance with board regulations minors 2 between the ages of sixteen and eighteen may be employed to 3 serve food, clear tables and perform other similar duties, not 4 to include the dispensing or serving of alcoholic beverages. 5 [Notwithstanding any provision of this act to the contrary, it 6 shall be lawful] It shall be unlawful for any ski resort, golf 7 course or amusement park licensee to employ minors fourteen and 8 fifteen years of age to perform duties [only] in rooms or areas 9 of the licensed premises when and where alcoholic beverages are 10 [not] dispensed, served or stored [during the time in which the 11 minor is performing such duties] in unsecured storage. 12 * * * 13 (17) Licensees, etc., Interested or Employed in 14 Manufacturing or Sale of Equipment or Fixtures. For any 15 licensee, or any officer, director, stockholder, servant, agent 16 or employe of any licensee, to own any interest, directly or 17 indirectly, in or be employed or engaged in any business which 18 involves the manufacture or sale of any equipment, furnishings 19 or fixtures to any hotel, restaurant or club licensees, or to 20 any importing distributors, distributors or retail dispensers: 21 Provided, however, That as to malt or brewed beverage licensees, 22 the provisions of this subsection shall not apply to such a 23 conflicting interest if it has existed for a period of not less 24 than three years prior to the first day of January, one thousand 25 nine hundred thirty-seven, and the board shall approve. 26 Notwithstanding this provision or any other provision of this <-- 27 act, it shall be permissible for licensees to LICENSEES MAY sell <-- 28 glasses at not less than cost and to provide beer buckets, <-- 29 coasters, metal keg connectors and tap knobs to other licensees 30 and to holders of special occasion permits. 20020H2574B4664 - 42 -
1 * * * 2 (20) (i) Retail Liquor and Retail Malt or Brewed Beverages 3 Licensee's Inside Advertisements. For any retail liquor or 4 retail malt or brewed beverages licensee, to display or permit 5 the display in the show window or doorways of his licensed 6 premises, any placard or sign advertising the brands of liquor 7 or malt or brewed beverages, if the total display area of any 8 such placard or sign advertising the product or products exceeds 9 six hundred square inches. Nothing herein shall prohibit a 10 licensee from displaying inside his licensed premises point of 11 sale displays advertising brand names of products sold by him, 12 other than a window or door display: Provided, That the total 13 cost of all such point of sale advertising matter relating to 14 any one brand shall [not exceed the sum of one hundred forty 15 dollars ($140) at any one time, and no single piece of 16 advertising shall exceed a cost of seventy dollars ($70). The 17 board is authorized to make annual adjustments to the cost 18 limitations on point of display advertising to reflect any 19 changes in such limitations by the United States Bureau of 20 Alcohol, Tobacco and Firearms or its successors in accordance 21 with 27 CFR 6.83 (relating to product displays) and 27 CFR 6.85 22 (relating to retailer advertising specialties).] not exceed the 23 dollar amount set forth by the board through regulation. All 24 such advertising material, including the window and door signs, 25 may be furnished by a manufacturer, distributor or importing 26 distributor. The restrictions on advertising set forth in 27 subclause (ii) and in clauses (20.1) and (20.2) shall also apply 28 to this subclause. 29 * * * 30 SECTION 24. SECTION 493.1 OF THE ACT, ADDED OCTOBER 5, 1994 <-- 20020H2574B4664 - 43 -
1 (P.L.522, NO.77), IS AMENDED TO READ: 2 SECTION 493.1. RIGHTS OF MUNICIPALITIES PRESERVED.--(A) 3 NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREEMPT THE RIGHT OF 4 ANY MUNICIPALITY TO REGULATE ZONING AND ENFORCE ANY OTHER LOCAL 5 ORDINANCES AND CODES DEALING WITH HEALTH AND WELFARE ISSUES. 6 (B) A MUNICIPALITY THAT WISHES TO SUPERSEDE THOSE PROVISIONS 7 OF THE BOARD'S REGULATIONS PERTAINING TO AMPLIFIED MUSIC BEING 8 HEARD OFF THE LICENSED PREMISES MAY DO SO BY NOTIFYING THE BOARD 9 THAT THE MUNICIPALITY HAS ADOPTED AN ORDINANCE TO IMPOSE THE 10 REQUIREMENTS OF ITS OWN LOCAL NOISE ORDINANCE IN LIEU OF THE 11 BOARD'S REGULATIONS ON LICENSED PREMISES WITHIN ITS BOUNDARIES. 12 IF A MUNICIPALITY CHOOSES TO GIVE THE BOARD SUCH NOTIFICATION, 13 THOSE PROVISIONS OF THE BOARD'S REGULATIONS PERTAINING TO 14 AMPLIFIED MUSIC BEING HEARD OFF THE LICENSED PREMISES, SHALL NOT 15 BE APPLICABLE TO LICENSED PREMISES LOCATED IN THAT MUNICIPALITY 16 UNTIL THE MUNICIPALITY INFORMS THE BOARD THAT IT WILL NO LONGER 17 SUPERSEDE THE BOARD'S REGULATIONS. 18 SECTION 25. SECTION 498(G) OF THE ACT, AMENDED FEBRUARY 21, 19 2002 (P.L.103, NO.10), IS AMENDED TO READ: 20 SECTION 498. UNLAWFUL ADVERTISING.-- * * * 21 (G) FOR PURPOSES OF THIS SUBSECTION, THE TERM 22 "ADVERTISEMENT" SHALL MEAN ANY ADVERTISING OF ALCOHOLIC 23 BEVERAGES THROUGH THE MEDIUM OF RADIO BROADCAST, TELEVISION 24 BROADCAST, NEWSPAPERS, PERIODICALS OR OTHER PUBLICATION, OUTDOOR 25 ADVERTISEMENT, ANY FORM OF ELECTRONIC TRANSMISSION OR ANY OTHER 26 PRINTED OR GRAPHIC MATTER, INCLUDING BOOKLETS, FLYERS OR CARDS, 27 OR ON THE PRODUCT LABEL OR ATTACHMENT ITSELF. 28 SECTION 26. SECTION 505.2(2) OF THE ACT, AMENDED NOVEMBER 29 10, 1999 (P.L.514, NO.49), IS AMENDED TO READ: 30 SECTION 505.2. LIMITED WINERIES.--IN THE INTEREST OF 20020H2574B4664 - 44 -
1 PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA, 2 HOLDERS OF A LIMITED WINERY LICENSE MAY: 3 * * * 4 (2) SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED BY 5 THE LIMITED WINERY OR PURCHASED IN BULK IN BOND FROM ANOTHER 6 PENNSYLVANIA LIMITED WINERY ON THE LICENSED PREMISES, UNDER SUCH 7 CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE, TO THE 8 BOARD, TO INDIVIDUALS AND TO BREWERY, HOTEL, RESTAURANT, CLUB 9 AND PUBLIC SERVICE LIQUOR LICENSEES, AND TO PENNSYLVANIA WINERY 10 LICENSEES: PROVIDED, THAT A LIMITED WINERY SHALL NOT, IN ANY 11 CALENDAR YEAR, PURCHASE ALCOHOLIC CIDER OR WINE PRODUCED BY 12 OTHER LIMITED WINERIES IN AN AMOUNT IN EXCESS OF FIFTY PER 13 CENTUM OF THE ALCOHOLIC CIDER OR WINE PRODUCED BY THE PURCHASING 14 LIMITED WINERY IN THE PRECEDING CALENDAR YEAR. IN ADDITION, THE 15 HOLDER OF A LIMITED WINERY LICENSE MAY PURCHASE WINE IN BOTTLES 16 FROM ANOTHER PENNSYLVANIA LIMITED WINERY IF THESE WINES UNDERGO 17 A SECOND FERMENTATION PROCESS. SUCH WINE MAY BE SOLD IN BOTTLES 18 BEARING THE PURCHASING LIMITED WINERY'S LABEL OR THE PRODUCING 19 LIMITED WINERY'S LABEL. SUCH WINES, IF SOLD BY THE BOARD, MAY BE 20 SOLD BY THE PRODUCING LIMITED WINERY TO THE PURCHASING LIMITED 21 WINERY AT A PRICE LOWER THAN THE PRICE CHARGED BY THE BOARD. 22 * * * 23 SECTION 27. SECTIONS 505.3, 509 AND 515 OF THE ACT ARE 24 AMENDED TO READ: 25 [SECTION 505.3. DISTILLERIES.--DISTILLERIES OF HISTORICAL 26 SIGNIFICANCE ESTABLISHED MORE THAN ONE HUNDRED YEARS PRIOR TO 27 JANUARY 1, 1975 WHICH HOLD A LICENSE ISSUED UNDER SECTION 505 28 MAY SELL LIQUOR PRODUCED BY THE DISTILLERY ON THE LICENSED 29 PREMISES UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD MAY 30 ENFORCE.] 20020H2574B4664 - 45 -
1 SECTION 509. LICENSE MUST BE POSTED; BUSINESS HOURS.-- 2 LICENSES SHALL BE ISSUED BY THE BOARD UNDER ITS OFFICIAL SEAL. 3 EVERY LICENSE SO ISSUED MUST AT ALL TIMES BE POSTED IN A 4 CONSPICUOUS PLACE WHERE THE BUSINESS IS CARRIED ON UNDER IT[, 5 AND SAID PLACE OF BUSINESS MUST BE KEPT OPEN DURING GENERAL 6 BUSINESS HOURS OF EVERY DAY IN THE YEAR EXCEPT SUNDAYS AND LEGAL 7 HOLIDAYS]. LICENSEES MAY BE OPEN EVERY DAY EXCEPT LIMITED 8 WINERIES WHICH MAY BE OPEN AS SET FORTH BY THE BOARD THROUGH 9 REGULATIONS. 10 SECTION 515. APPEALS.--THE [BOARD, THE] ENFORCEMENT BUREAU 11 OR ANY APPLICANT OR ANY LICENSEE AGGRIEVED BY ANY DECISION 12 REFUSING, SUSPENDING OR REVOKING A LICENSE UNDER THE PROVISIONS 13 OF THIS ARTICLE MAY APPEAL TO THE [COURT OF THE COUNTY IN WHICH 14 THE LICENSED PREMISES OR THE PREMISES TO BE LICENSED ARE 15 LOCATED. IN THE EVENT AN APPLICANT OR A LICENSEE SHALL HAVE NO 16 PLACE OF BUSINESS ESTABLISHED WITHIN THE COMMONWEALTH, HIS 17 APPEAL SHALL BE TO THE] COMMONWEALTH COURT. SUCH APPEAL SHALL BE 18 IN ACCORDANCE WITH 2 PA.C.S. CH. 7 SUBCH. A (RELATING TO 19 JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION). 20 Section 11 28. This act shall take effect immediately. <-- C11L47JLW/20020H2574B4664 - 46 -