PRINTER'S NO. 1819
No. 1363 Session of 2002
INTRODUCED BY WAGNER, MARCH 20, 2002
REFERRED TO LAW AND JUSTICE, MARCH 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 sales on St. Patrick's Day.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 406(a) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14), and amended May 31, 1996
23 (P.L.312, No.49), February 18, 1998 (P.L.162, No.25), November
24 10, 1999 (P.L.514, No.47) and December 20, 2000 (P.L.992,
25 No.141), is amended to read:
1 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
2 (1) Every hotel, restaurant or club liquor licensee may sell
3 liquor and malt or brewed beverages by the glass, open bottle or
4 other container, and in any mixture, for consumption only in
5 that part of the hotel or restaurant habitually used for the
6 serving of food to guests or patrons, or in a bowling alley that
7 is immediately adjacent to and under the same roof as a
8 restaurant when no minors are present, unless minors who are
9 present are under proper supervision as defined in section 493,
10 in the bowling alley, and in the case of hotels, to guests, and
11 in the case of clubs, to members, in their private rooms in the
12 hotel or club. No club licensee nor its officers, servants,
13 agents or employes, other than one holding a catering license,
14 shall sell any liquor or malt or brewed beverages to any person
15 except a member of the club. In the case of a restaurant located
16 in a hotel which is not operated by the owner of the hotel and
17 which is licensed to sell liquor under this act, liquor and malt
18 or brewed beverages may be sold for consumption in that part of
19 the restaurant habitually used for the serving of meals to
20 patrons and also to guests in private guest rooms in the hotel.
21 For the purpose of this paragraph, any person who is an active
22 member of another club which is chartered by the same state or
23 national organization shall have the same rights and privileges
24 as members of the particular club. For the purpose of this
25 paragraph, any person who is an active member of any volunteer
26 firefighting company, association or group of this Commonwealth,
27 whether incorporated or unincorporated, shall upon the approval
28 of any club composed of volunteer firemen licensed under this
29 act, have the same social rights and privileges as members of
30 such licensed club. For the purposes of this paragraph, the term
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1 "active member" shall not include a social member. Any club
2 licensee which is either an incorporated unit of a national
3 veterans' organization or an affiliated organization as defined
4 in section 461.1 shall be permitted to sell liquor or malt or
5 brewed beverages to any active member of another unit which is
6 chartered by the same national veterans' organization or to any
7 member of a nationally chartered auxiliary associated with the
8 same national veterans' organization.
9 (2) Hotel and restaurant liquor licensees, airport
10 restaurant liquor licensees, municipal golf course restaurant
11 liquor licensees and privately-owned public golf course
12 restaurant licensees may sell liquor and malt or brewed
13 beverages only after seven o'clock antemeridian of any day until
14 two o'clock antemeridian of the following day, except Sunday,
15 and except as hereinafter provided, may sell liquor and malt or
16 brewed beverages on Sunday between the hours of twelve o'clock
17 midnight and two o'clock antemeridian.
18 (3) Hotel and restaurant liquor licensees, airport
19 restaurant liquor licensees, municipal golf course restaurant
20 liquor licensees and privately-owned public golf course
21 restaurant licensees whose sales of food and nonalcoholic
22 beverages are equal to thirty per centum or more of the combined
23 gross sales of both food and alcoholic beverages may sell liquor
24 and malt or brewed beverages on Sunday between the hours of
25 eleven o'clock antemeridian and two o'clock antemeridian Monday
26 upon purchase of a special permit from the board at an annual
27 fee as prescribed in section 614-A of the act of April 9, 1929
28 (P.L.177, No.175), known as "The Administrative Code of 1929."
29 (4) Hotel and restaurant liquor licensees, airport
30 restaurant liquor licensees, municipal golf course restaurant
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1 liquor licensees and privately-owned public golf course
2 restaurant licensees which do not qualify for and purchase such
3 special permit, their servants, agents or employes may sell
4 liquor and malt or brewed beverages only after seven o'clock
5 antemeridian of any day and until two o'clock antemeridian of
6 the following day, and shall not sell after two o'clock
7 antemeridian on Sunday. No club licensee or its servants, agents
8 or employes may sell liquor or malt or brewed beverages between
9 the hours of three o'clock antemeridian and seven o'clock
10 antemeridian on any day. No public service liquor licensee or
11 its servants, agents, or employes may sell liquor or malt or
12 brewed beverages between the hours of two o'clock antemeridian
13 and seven o'clock antemeridian on any day.
14 (6) Notwithstanding any provisions to the contrary, whenever
15 the thirty-first day of December [or Saint Patrick's Day] falls
16 on a Sunday, every hotel or restaurant liquor licensee, their
17 servants, agents or employes may sell liquor and malt or brewed
18 beverages on any such day after one o'clock postmeridian and
19 until two o'clock antemeridian of the following day.
20 (6.1) Notwithstanding any provisions to the contrary,
21 whenever Saint Patrick's Day falls on a Sunday, every hotel or
22 restaurant liquor licensee, their servants, agents or employees
23 may sell liquor and malt or brewed beverages on any such day
24 after seven o'clock antemeridian and until two o'clock
25 antemeridian of the following day.
26 * * *
27 Section 2. This act shall take effect immediately.
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