THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, J. TAYLOR, DONATUCCI, BARRAR, BELFANTI, CALTAGIRONE, EVERETT, HARKINS, HELM, KILLION, KORTZ, MOUL, PASHINSKI, PICKETT AND SIPTROTH, JUNE 25, 2010

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 25, 2010  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "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,"

further providing for sales by certain liquor licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 406(a)(1) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and amended July 6, 2005,

(P.L.135, No.39), is amended and the section is amended by

adding subsections to read:

Section 406.  Sales by Liquor Licensees; Restrictions.--(a)  

(1)  Every hotel, restaurant or club liquor licensee may sell

liquor and malt or brewed beverages by the glass, open bottle or

other container, and in any mixture, for consumption only in

that part of the hotel or restaurant habitually used for the

serving of food to guests or patrons, or at a catered event off

the licensed premises, or in a bowling alley that is immediately

adjacent to and under the same roof as a restaurant, and in the

case of hotels, to guests, and in the case of clubs, to members,

in their private rooms in the hotel or club. No club licensee

nor its officers, servants, agents or employes, other than one

holding a catering license, shall sell any liquor or malt or

brewed beverages to any person except a member of the club. The

holder of a restaurant license located in a hotel may sell

liquor or malt or brewed beverages for consumption in that part

of the restaurant habitually used for the serving of meals to

patrons and also to guests in private guest rooms in the hotel.

For the purpose of this paragraph, any person who is an active

member of another club which is chartered by the same state or

national organization shall have the same rights and privileges

as members of the particular club. For the purpose of this

paragraph, any person who is an active member of any volunteer

firefighting company, association or group of this Commonwealth,

whether incorporated or unincorporated, shall upon the approval

of any club composed of volunteer firemen licensed under this

act, have the same social rights and privileges as members of

such licensed club. For the purposes of this paragraph, the term

"active member" shall not include a social member. Any club

licensee which is either an incorporated unit of a national

veterans' organization or an affiliated organization as defined

in section 461.1 shall be permitted to sell liquor or malt or

brewed beverages to any active member of another unit which is

chartered by the same national veterans' organization or to any

member of a nationally chartered auxiliary associated with the

same national veterans' organization.

* * *

(f)  The holder of a hotel license or a restaurant license

may sell up to two bottles of wine for consumption off the

licensed premises so long as the bottles of wine remain sealed.

For purposes of this subsection, "wine" shall have the meaning

given to it under section 488(i).

(g)  The holder of a hotel license or a restaurant license

may use that license to hold a catered event off the licensed

premises and on otherwise unlicensed premises where the licensee

may sell liquor and malt or brewed beverages by the glass, open

bottle or other container, and in any mixture, for consumption

on those premises solely used for catering purposes so long as

the liquor and malt or brewed beverages were purchased in

conjunction with a meal which will be consumed on the catered

premises.

Section 2.  This act shall take effect in 60 days.