H2150B2951A04140 NAD:EJH 04/26/24 #90 A04140
AMENDMENTS TO HOUSE BILL NO. 2150
Sponsor: REPRESENTATIVE MIHALEK
Printer's No. 2951
Amend Bill, page 1, line 20, by striking out the period after
"distributors" and inserting
; and, in distilleries, wineries, bonded warehouses, bailees for
hire and transporters for hire, further providing for limited
distilleries and distilleries.
Amend Bill, page 1, lines 23 and 24, by striking out all of
said lines and inserting
Section 1. Sections 492.1(a) and 505.4(b)(1) and (c)(1) of
the act of April 12, 1951 (P.L.90, No.21), known as the Liquor
Code, are amended to read:
Amend Bill, page 3, by inserting between lines 5 and 6
Section 505.4. Limited Distilleries and Distilleries.--* * *
(b) (1) [The] (i) Except as otherwise provided, the board
may issue a limited distillery license that will allow the
holder thereof to operate a distillery that shall not exceed
production of one hundred thousand (100,000) gallons of
distilled liquor per year. The holder of the license may
manufacture and sell bottled liquors produced on the licensed
premises to the board, to entities licensed by the board and to
the public between the hours of nine o'clock antemeridian and
twelve o'clock antemeridian Monday through Saturday and Sunday
between the hours of nine o'clock antemeridian through eleven
o'clock postmeridian so long as a specific code of distilled
liquor which is listed for sale as a stock item by the board in
State liquor stores may not be offered for sale at a licensed
limited distillery location at a price which is lower than that
charged by the board and under such conditions and regulations
as the board may enforce. The holder of a limited distillery
license may not sell a product or a substantially similar
product which is listed for sale as a stock item by the board in
State Liquor Stores to a licensee at a price which is lower than
that charged by the board and under such conditions and
regulations as the board may enforce. The holder of a limited
distillery license may also sell wine, alcoholic cider and
fermented fruit beverages produced by a licensed limited winery,
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liquor produced by a licensed distillery or limited distillery
and malt or brewed beverages produced by a licensed brewery for
on-premises consumption. The combined sales of wine, malt or
brewed beverages and liquor produced by another licensed
distillery or limited distillery may not, on a yearly basis,
exceed fifty per centum of the on-premises sales of the limited
distillery's own sales of liquor for the preceding calendar
year: however, if a limited distillery did not operate for an
entire calendar year during the preceding year, then its
combined sales of wine, malt or brewed beverages and liquor
produced by another licensed distillery or limited distillery
may not, on a yearly basis, exceed fifty per centum of the on-
premises sales of the limited distillery's own liquor for that
year.
(ii) A limited distillery may operate extended hours on
December 31 of each calendar year until two o'clock antemeridian
January 1 of the following calendar year.
(iii) The board may issue an extended hours permit
permitting the holder of a limited distillery license to remain
open and sell alcohol until two o'clock antemeridian the
following calendar day. Following a fifty-dollar ($50) fee, a
holder of a limited distillery license must submit a written
application for an extended hours permit under this subclause to
the board in a form prescribed by the board. The following shall
apply:
(A) Only one extended hours permit may be issued to a holder
of a limited distillery license per calendar year and may only
be used for one day in that calendar year at all of the holder
of a limited distillery license's locations.
(B) The holder of a limited distillery license shall provide
written notice to the local police department, or Pennsylvania
State Police if no local police department is available, at
least forty-eight hours prior to each use of the extended hours
permit. Written notice shall include notifying the police of the
date, time and place of the extended sale of alcoholic
beverages.
* * *
(c) (1) [The] (i) Except as otherwise provided, the holder
of a distillery license as issued under section 505 may sell
bottled liquors produced on the licensed premises to the board,
to entities licensed by the board and to the public between the
hours of nine o'clock antemeridian and twelve o'clock
antemeridian Monday through Saturday and Sunday between the
hours of nine o'clock antemeridian through eleven o'clock
postmeridian so long as a specific code of distilled liquor
which is listed for sale as a stock item by the board in State
liquor stores may not be offered for sale at a licensed
distillery location at a price which is lower than that charged
by the board and under such conditions and regulations as the
board may enforce. The holder of a distillery license may not
sell a product or a substantially similar product which is
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listed for sale as a stock item by the board in State Liquor
Stores to a licensee at a price which is lower than that charged
by the board and under such conditions and regulations as the
board may enforce. The holder of a distillery license may also
sell its liquor, wine, alcoholic cider and fermented fruit
beverages produced by a licensed limited winery, liquor produced
by a licensed distillery or limited distillery and malt or
brewed beverages produced by a licensed brewery for on-premises
consumption. The combined sales of wine, malt or brewed
beverages and liquor produced by another licensed distillery or
limited distillery may not, on a yearly basis, exceed fifty per
centum of the on-premises sales of the distillery's own sales of
liquor for the preceding calendar year: however, if a distillery
did not operate for an entire calendar year during the preceding
year, then its combined sales of wine, malt or brewed beverages
and liquor produced by another licensed distillery or limited
distillery may not, on a yearly basis, exceed fifty per centum
of the on-premises sales of the distillery's own liquor for that
year.
(ii) A distillery may operate extended hours on December 31
of each calendar year until two o'clock antemeridian January 1
of the following calendar year.
(iii) The board may issue an extended hours permit
permitting the holder of a distillery license to remain open and
sell alcohol until two o'clock antemeridian the following
calendar day. Following a fifty-dollar ($50) fee, a holder of a
distillery license must submit a written application for an
extended hours permit under this subclause to the board in a
form prescribed by the board. The following shall apply:
(A) Only one extended hours permit may be issued to a holder
of a distillery license per calendar year and may only be used
for one day in that calendar year at all of the holder of a
distillery license's locations.
(B) The holder of a distillery license shall provide written
notice to the local police department, or Pennsylvania State
Police if no local police department is available, at least
forty-eight hours prior to each use of the extended hours
permit. Written notice shall include notifying the police of the
date, time and place of the extended sale of alcoholic
beverages.
* * *
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