| |
| PRIOR PRINTER'S NOS. 37, 1395, 1574, 2092, 2368, 3578 | PRINTER'S NO. 3850 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY M. O'BRIEN, JANUARY 26, 2009 |
| |
| |
| SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 7, 2010 |
| |
| |
| |
| 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 definitions, for wine marketing, for | <-- |
18 | sacramental wine licenses, fees, privileges and restrictions, |
19 | for interlocking businesses prohibited and, for number and | <-- |
20 | kinds of licenses allowed same licensee, for limited number |
21 | of retail licenses to be issued in each county, for unlawful | <-- |
22 | acts relative to liquor, malt and brewed beverages and |
23 | licensees, for licenses issued and for limited wineries. |
24 | The General Assembly of the Commonwealth of Pennsylvania |
25 | hereby enacts as follows: |
26 | Section 1. The definitions of "eligible entity," "performing |
27 | arts facilities" and "public venue" in section 102 of the act of |
28 | April 12, 1951 (P.L.90, No.21), known as the Liquor Code, |
|
1 | reenacted and amended June 29, 1987 (P.L.32, No.14) and amended |
2 | December 20, 2000 (P.L.992, No.41), November 29, 2006 (P.L.1421, |
3 | No. 155) and July 16, 2007 (P.L.107, No.34), are amended to |
4 | read: |
5 | Section 102. Definitions.--The following words or phrases, |
6 | unless the context clearly indicates otherwise, shall have the |
7 | meanings ascribed to them in this section: |
8 | * * * |
9 | "Eligible entity" shall mean a city of the third class, a |
10 | hospital, a church, a synagogue, a volunteer fire company, a |
11 | volunteer ambulance company, a volunteer rescue squad, a unit of |
12 | a nationally chartered club which has been issued a club liquor |
13 | license, a club in a city of the third class which has been |
14 | issued a club liquor license and which, as of December 31, 2002, |
15 | has been in existence for at least 100 years, a library, a |
16 | nationally accredited Pennsylvania nonprofit zoological |
17 | institution licensed by the United States Department of |
18 | Agriculture, a nonprofit agricultural association in existence |
19 | for at least ten years, a bona fide sportsmen's club in |
20 | existence for at least ten years, a nationally chartered |
21 | veterans' organization and any affiliated lodge or subdivision |
22 | of such organization, a fraternal benefit society that is |
23 | licensed to do business in this Commonwealth and any affiliated |
24 | lodge or subdivision of such fraternal benefit society, a museum |
25 | operated by a nonprofit corporation in a city of the third class |
26 | or township of the first class, a nonprofit corporation engaged |
27 | in the performing arts in a city of the third class, borough or |
28 | in an incorporated town, an arts council, a nonprofit |
29 | corporation that operates an arts facility or museum in a city |
30 | of the third class in the county of the fourth class, a |
|
1 | nonprofit organization as defined under section 501(c)(3) of the |
2 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
3 | 501(c)(3)) whose purpose is to protect the architectural |
4 | heritage of boroughs or a township of the second class and which | <-- |
5 | has been recognized as such by a municipal resolution, a |
6 | nonprofit organization as defined under section 501(c)(3) of the |
7 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
8 | 501(c)(3)) conducting a regatta in a city of the second class |
9 | with the permit to be used on State park grounds or conducting a |
10 | family-oriented celebration as part of Welcome America in a city |
11 | of the first class on property leased from that city for more |
12 | than fifty years, a nonprofit organization as defined under |
13 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
14 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
15 | research and treatment of cystic fibrosis, a nonprofit |
16 | organization as defined under section 501(c)(3) of the Internal |
17 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
18 | educate the public on issues dealing with watershed |
19 | conservation, a nonprofit organization as defined under section |
20 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
21 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
22 | equine assisted activities for children and adults with special |
23 | needs, a nonprofit economic development agency in a city of the |
24 | second class with the primary function to serve as an economic |
25 | generator for the greater southwestern Pennsylvania region by |
26 | attracting and supporting film, television and related media |
27 | industry projects and coordinating government and business |
28 | offices in support of a production, a county tourist promotion |
29 | agency as defined in section 3(1) of the act of April 28, 1961 |
30 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
|
1 | located in a city of the third class in a county of the fourth |
2 | class or located in a township of the second class in a county |
3 | of the fifth class, a junior league in a third class county that |
4 | is a nonprofit organization as defined under section 501(c)(3) |
5 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
6 | that is comprised of women whose purpose is exclusively |
7 | educational and charitable in promoting the volunteerism of |
8 | women and developing and participating in community projects and |
9 | that has been in existence for over seventy years [or], a | <-- |
10 | nonprofit organization as defined under section 501(c)(3) of the |
11 | Internal Revenue Code of 1986 which is located in counties of |
12 | the second class A or of the third class and whose purpose is |
13 | the education and promotion of American history, a nonprofit |
14 | organization as defined under section [501(C)(6)] 501(c)(6) of | <-- |
15 | the Internal Revenue Code of 1986 which is located in a city of |
16 | the third class in a county of the third class and whose purpose |
17 | is to support business and industry, a brewery which has been | <-- |
18 | issued a license to manufacture malt or brewed beverages and has |
19 | been in existence for at least 100 years or a club recognized by |
20 | Rotary International which is located in a county of the fourth |
21 | class and whose purpose is to provide service to others, to |
22 | promote high ethical standards and to advance world |
23 | understanding, goodwill and peace through its fellowship of |
24 | business, professional and community leaders or a nonprofit |
25 | organization as defined under section 501(c)(3) of the Internal |
26 | Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) |
27 | which is located in a borough in a county of the third class and |
28 | whose purpose is to promote mushrooms while supporting local and |
29 | regional charities. |
30 | * * * |
|
1 | "Performing arts facilities" shall mean those halls or |
2 | theaters in which live musical, concert, dance, ballet and |
3 | legitimate play book-length productions are performed. |
4 | Performing arts facilities shall not mean those halls or |
5 | theaters in which burlesque shows or reviews are performed. If |
6 | the operator of the performing arts facility is a nonprofit |
7 | entity, the facility must have seating for at least [five |
8 | hundred (500)] two hundred fifty (250) people; otherwise, the |
9 | facility must have seating for at least twenty-five hundred |
10 | (2,500) people. |
11 | * * * |
12 | "Public venue" shall mean a stadium, arena, convention |
13 | center, museum, amphitheater or similar structure. If the public |
14 | venue is a cruise terminal owned or leased by a port authority |
15 | created under the act of June 12, 1931 (P.L.575, No.200), |
16 | entitled "An act providing for joint action by Pennsylvania and |
17 | New Jersey in the development of the ports on the lower Delaware |
18 | River, and the improvement of the facilities for transportation |
19 | across the river; authorizing the Governor, for these purposes, |
20 | to enter into an agreement with New Jersey; creating The |
21 | Delaware River Joint Commission and specifying the powers and |
22 | duties thereof, including the power to finance projects by the |
23 | issuance of revenue bonds; transferring to the new commission |
24 | all the powers of the Delaware River Bridge Joint Commission; |
25 | and making an appropriation," it shall have no permanent seating |
26 | requirement. If the public venue is an open-air amphitheater |
27 | owned by a port authority created under the act of December 6, |
28 | 1972 (P.L.1392, No.298), known as the "Third Class City Port |
29 | Authority Act," it shall have no permanent seating requirement. |
30 | If the public venue is owned by a political subdivision, a |
|
1 | municipal authority, the Commonwealth, an authority created |
2 | under the act of July 29, 1953 (P.L.1034, No.270), known as the |
3 | "Public Auditorium Authorities Law," an authority created under |
4 | Article XXV-A of the act of July 28, 1953 (P.L.723, No.230), |
5 | known as the "Second Class County Code," an art museum |
6 | established under the authority of the act of April 6, 1791 (3 |
7 | Sm.L.20, No.1536), entitled "An act to confer on certain |
8 | associations of the citizens of this commonwealth the powers and |
9 | immunities of corporations, or bodies politic in law," or an |
10 | authority created under Article XXIII (n) or (o) of the act of |
11 | August 9, 1955 (P.L.323, No.130), known as "The County Code," it |
12 | shall have permanent seating for at least one thousand (1,000) |
13 | people; otherwise, it shall have permanent seating for at least |
14 | two thousand (2,000) people. The term shall also mean any |
15 | regional history center, multipurpose cultural and science |
16 | facility, museum or convention or trade show center, regardless |
17 | of owner and seating capacity, that has a floor area of at least |
18 | sixty thousand (60,000) square feet in one building. The term |
19 | shall also mean a convention or conference center owned by a |
20 | city of the third class or a university which is a member of the |
21 | Pennsylvania State System of Higher Education which is operated |
22 | by a university foundation or alumni association, regardless of |
23 | seating capacity, that has a floor area of at least fifteen |
24 | thousand (15,000) square feet in one building. The term shall |
25 | also mean a visitor center, regardless of floor area or seating |
26 | capacity, that was established under the authority of the |
27 | Gateway Visitor Center Authorization Act of 1999 (Public Law |
28 | 106-131, 113 Stat. 1678, 16 U.S.C. § 407m)). |
29 | * * * |
30 | Section 2. Section 215 of the act, amended December 30, 2003 | <-- |
|
1 | (P.L.423, No.59), is amended to read: |
2 | Section 215. Wine and Spirits Marketing.-- |
3 | (e) The board is authorized to participate in or sponsor |
4 | wine and spirits events for the purpose of educating consumers |
5 | as to the wines and spirits available in this Commonwealth. The |
6 | wine and spirits to be used for the event may be acquired |
7 | through the State store system or may be donated from outside |
8 | this Commonwealth. Participation in the tastings may be |
9 | conditioned on the purchase of a ticket to the event. The event |
10 | may include events occurring on premises licensed by the board, |
11 | and the board may sell wine and spirits for off-premises |
12 | consumption in an area designated by the board for such sale. |
13 | Section 2 3. Section 409 of the act, amended December 21, | <-- |
14 | 1998 (P.L.1202, No.155) and December 9, 2002 (P.L.1653, No.212), |
15 | is amended to read: |
16 | Section 409. Sacramental Wine Licenses; Fees; Privileges; |
17 | Restrictions.--(a) Subject to the provisions of this act in |
18 | general and more particularly to the following provisions of |
19 | this section, the board shall issue sacramental wine licenses to |
20 | qualified applicants. |
21 | (b) Every applicant for a sacramental wine license shall |
22 | file a written application with the board in such form as the |
23 | board shall from time to time prescribe, which shall be |
24 | accompanied by a filing fee and a license fee as prescribed in |
25 | section 614-A of the act of April 9, 1929 (P.L.177, No.175), |
26 | known as "The Administrative Code of [1929," and a license fee |
27 | of one hundred dollars.] 1929." Every such application shall |
28 | contain a description of the premises for which the applicant |
29 | desires a license and shall set forth such other material |
30 | information as may be required by the board. |
|
1 | (c) If the applicant is a natural person, his application |
2 | must show that he is a citizen of the United States or a |
3 | resident alien and a resident of this Commonwealth. If the |
4 | applicant is an association or partnership, each and every |
5 | member of the association or partnership must be a citizen of |
6 | the United States or a resident alien and a resident of this |
7 | Commonwealth. If the applicant is a corporation, the application |
8 | must show that the corporation was created under the laws of |
9 | Pennsylvania or holds a certificate of authority to transact |
10 | business in Pennsylvania, and that all officers, directors and |
11 | stockholders are citizens of the United States or resident |
12 | aliens. |
13 | (d) [Holders] Except as otherwise provided under subsection |
14 | (d.1), holders of such licenses may purchase from manufacturers |
15 | or bring or import into this Commonwealth wine to be used for |
16 | sacramental or religious purposes only, and bottle and sell the |
17 | same to priests, clergymen and rabbis for use in the cathedral, |
18 | church, synagogue or temple, or for sustaining members of the |
19 | congregation or members of the faith who attend religious |
20 | services, duly certified by such priests, clergymen or rabbis. |
21 | The sale and use of wine for sacramental or religious purposes |
22 | shall be subject to and in accordance with the regulations of |
23 | the board. |
24 | (d.1) In addition to the privileges conferred under |
25 | subsection (d), the holder of a sacramental wine license who |
26 | owns or operates an eating place or a restaurant may sell food |
27 | for consumption on or off the premises and sell for consumption |
28 | on the premises only the wine that it may acquire and sell |
29 | pursuant to its license. In addition, the holder of a |
30 | sacramental wine license may allow persons who have purchased |
|
1 | but only partially consumed a bottle of wine on the premises to |
2 | remove the bottle from the premises so long as the bottle was |
3 | purchased in conjunction with a meal that was consumed on the |
4 | premises and so long as the bottle is resealed. |
5 | (e) [Any] Except as provided under subsection (d.1), any |
6 | wine purchased under the authority of this section shall not be |
7 | used for any other than sacramental or religious purposes. |
8 | Sacramental wine may not be sold by any person except the holder |
9 | of a sacramental wine license. |
10 | (f) Every sacramental wine licensee shall maintain on the |
11 | licensed premises such records as the board may prescribe. No |
12 | deliveries of sacramental wine shall be made unless and until an |
13 | order therefor is on file at the principal place of business in |
14 | Pennsylvania. All shipments into Pennsylvania of wine to be used |
15 | [for sacramental or religious purposes] as prescribed in this |
16 | section shall be consigned to the principal place of business |
17 | maintained by the licensee. |
18 | (g) Any such license may be suspended or revoked by the |
19 | board upon proof satisfactory to it that the licensee has |
20 | violated any law of this Commonwealth or any regulation of the |
21 | board relating to liquor and alcohol. The procedure in such |
22 | cases shall be the same as for the revocation and suspension of |
23 | hotel, restaurant and club licenses. |
24 | (h) For purposes of this section the term "sacramental wine" |
25 | shall mean any wine that is clearly marked on the bottle by the |
26 | manufacturer as being produced or manufactured in accordance |
27 | with religious law, practice or custom. |
28 | Section 3. Section 411(e) of the act is amended to read: | <-- |
29 | Section 4. Sections 411(e) and 438(c) of the act are amended | <-- |
30 | to read: |
|
1 | Section 411. Interlocking Business Prohibited.--* * * |
2 | (e) Except as herein provided, no hotel, restaurant, retail |
3 | dispenser or club licensee, and no officer, director or |
4 | stockholder, agent or employe of any such licensee shall in any |
5 | wise be interested, directly or indirectly, in the ownership or |
6 | leasehold of any property or the equipment of any property or |
7 | any mortgage lien against the same, used by a distributor, |
8 | importing distributor, or by an importer or sacramental wine |
9 | licensee, in the conduct of his business; nor shall any hotel, |
10 | restaurant, retail dispenser or club licensee, or any officer, |
11 | director, stockholder, agent or employe of any such licensee, |
12 | either directly or indirectly, lend any moneys, credit, or give |
13 | anything of value or the equivalent thereof, to any distributor, |
14 | importing distributor, importer or sacramental wine licensee, |
15 | for equipping, fitting out, or maintaining and conducting, |
16 | either in whole or in part, an establishment used in the conduct |
17 | of his business. |
18 | The purpose of this section is to require a separation of the |
19 | financial and business interests between manufacturers and |
20 | holders of hotel or restaurant liquor licenses and, as herein |
21 | provided, of club licenses, issued under this article, and no |
22 | person shall, by any device whatsoever, directly or indirectly, |
23 | evade the provisions of the section. But in view of existing |
24 | economic conditions, nothing contained in this section shall be |
25 | construed to prohibit the ownership of property or conflicting |
26 | interest by a manufacturer of any place occupied by a licensee |
27 | under this article after the manufacturer has continuously owned |
28 | and had a conflicting interest in such place for a period of at |
29 | least five years prior to July eighteenth, one thousand nine |
30 | hundred thirty-five: Provided, however, That this clause shall |
|
1 | not prohibit any hotel, restaurant or club liquor licensee from |
2 | owning land which is leased to, and the buildings thereon owned |
3 | by, a holder of a retail dispenser's license; and nothing in |
4 | this clause shall prevent the issuance of a retail dispenser's |
5 | license to a lessee of such lands who owns the buildings |
6 | thereon: And, provided further, That nothing contained in this |
7 | section shall be construed to prohibit any hotel, restaurant, |
8 | retail dispenser or club licensee or any officer, director or |
9 | stockholder, agent or employe of any such licensee from having a |
10 | financial or other interest, directly or indirectly in the |
11 | ownership or leasehold of any property or the equipment of any |
12 | property or any mortgage lien against same, used, leased by an |
13 | importer or sacramental wine licensee for the exclusive purpose |
14 | of maintaining commercial offices and on the condition that said |
15 | property is not used for the storage or sale of liquor or malt |
16 | or brewed beverages in any quantity[.]: And, provided further, |
17 | That nothing contained in this section shall prohibit an officer |
18 | or member of a licensed privately owned private golf course |
19 | catering club from having an interest in a limited winery |
20 | license.: And, provided further, That nothing contained in this | <-- |
21 | section shall be construed to prohibit a member of the governing |
22 | board of a public authority created under subdivision (n) of |
23 | Article XXIII of the act of August 9, 1955 (P.L.323, No.130), |
24 | known as "The County Code," from having an interest in a |
25 | distributor or importing distributor license notwithstanding the |
26 | fact that the public authority has an interest in one or more |
27 | retail licenses or acts as a landlord for one or more retail |
28 | licenses: And, provided further, That notwithstanding any other |
29 | provision of this section, an entity may acquire both a |
30 | manufacturer's license or a limited winery license and a hotel, |
|
1 | restaurant or retail dispenser license for use at the same |
2 | location and more than one location may be so licensed. The |
3 | licenses and a person's interest in the licenses or in the |
4 | entity holding the licenses shall not be subject to this |
5 | section. |
6 | Section 438. Number and Kinds of Licenses Allowed Same |
7 | Licensee.--* * * |
8 | (c) No person shall possess more than one class of license, |
9 | except that a holder of a retail dispenser's license may also be |
10 | a holder of a retail liquor license: Provided, however, That |
11 | nothing contained in this section shall be construed to prohibit |
12 | a member of the governing board of a public authority created |
13 | under subdivision (n) of Article XXIII of the act of August 9, |
14 | 1955 (P.L.323, No.130), known as "The County Code," from having |
15 | an interest in a distributor or importing distributor license |
16 | notwithstanding the fact that the public authority has an |
17 | interest in one or more retail licenses or acts as a landlord |
18 | for one or more retail licenses: And, provided further, That |
19 | notwithstanding any other provision of this section, an entity |
20 | may acquire both a manufacturer's license or a limited winery |
21 | license and a hotel, restaurant or retail dispenser license for |
22 | use at the same location and more than one location may be so |
23 | licensed. The licenses and a person's interest in the licenses |
24 | or in the entity holding the licenses shall not be subject to |
25 | this section. |
26 | Section 5. Section 443(g) of the act, amended May 31, 1996 |
27 | (P.L.312, No.49), is amended to read: |
28 | Section 443. Interlocking Business Prohibited.--* * * |
29 | (g) The purpose of this section is to require a separation |
30 | of the financial and business interests between the various |
|
1 | classes of business regulated by subdivision (B) of this |
2 | article, and no person or corporation shall, by any device |
3 | whatsoever, directly or indirectly, evade the provisions of this |
4 | section. But in view of existing economic conditions, nothing |
5 | contained in this section shall be construed to prohibit the |
6 | ownership of property or conflicting interest by a malt or |
7 | brewed beverage manufacturer of any place occupied by a |
8 | distributor, importing distributor or retail dispenser after the |
9 | manufacturer has continuously owned and had a conflicting |
10 | interest in such place for a period of at least five years prior |
11 | to the eighteenth day of July, one thousand nine hundred thirty- |
12 | five: Provided, however, That a holder of a manufacturer's |
13 | license under section 431(a) who is eligible to operate a |
14 | brewery pub under section 446(2) or a limited winery as provided |
15 | for under section 505.2 may also hold and operate under a hotel |
16 | liquor license, a restaurant liquor license or a malt and brewed |
17 | beverages retail license on the manufacturer's or limited |
18 | winery's licensed premises. The hotel liquor license or |
19 | restaurant liquor license or the malt and brewed beverages |
20 | retail license shall be acquired by the manufacturer or limited |
21 | winery subject to section 461 and shall satisfy all requirements |
22 | for each respective license: And, provided further, That nothing |
23 | contained in this section shall be construed to prohibit a |
24 | member of the governing board of a public authority created |
25 | under subdivision (n) of Article XXIII of the act of August 9, |
26 | 1955 (P.L.323, No.130), known as "The County Code," from having |
27 | an interest in a distributor or importing distributor license |
28 | notwithstanding the fact that the public authority has an |
29 | interest in one or more retail licenses or acts as a landlord |
30 | for one or more retail licenses. |
|
1 | The term "manufacturer" as used in this section shall include |
2 | manufacturers of malt or brewed beverages as defined in this act |
3 | and any person manufacturing any malt or brewed beverages |
4 | outside of this Commonwealth. |
5 | Section 4 6. Section 461(c)(9) of the act, amended July 16, | <-- |
6 | 2007 (P.L.107, No.34), is amended to read: |
7 | Section 461. Limiting Number of Retail Licenses To Be Issued |
8 | In Each County.--* * * |
9 | (c) The word "hotel" as used in this section shall mean any |
10 | reputable place operated by a responsible person of good |
11 | reputation where the public may, for a consideration, obtain |
12 | sleeping accommodations, and which shall have the following |
13 | number of bedrooms and requirements in each case--at least one- |
14 | half of the required number of bedrooms shall be regularly |
15 | available to transient guests seven days weekly, except in |
16 | resort areas; at least one-third of such bedrooms shall be |
17 | equipped with hot and cold water, a lavatory, commode, bathtub |
18 | or shower and a clothes closet; and an additional one-third of |
19 | the total of such required rooms shall be equipped with lavatory |
20 | and commode: |
21 | * * * |
22 | (9) Upon application to and subject to inspection by the |
23 | board, hotel licensees under clause (8) of this subsection shall |
24 | no longer be required to maintain bedrooms for public |
25 | accommodation. [However, areas required and designated as |
26 | bedrooms for public accommodation prior to the effective date of |
27 | this clause may not subsequently be used as licensed serving |
28 | area.] Such area may be used as licensed storage area or serving |
29 | area consistent with this act and existing regulations. |
30 | * * * |
|
1 | Section 7. Section 505 of the act, amended December 21, 1998 | <-- |
2 | (P.L.1202, No.155), is amended to read: |
3 | Section 505. Licenses Issued.--Upon receipt of the |
4 | application in the form herein provided and the proper fees, the |
5 | board may grant to such applicant a license to engage in, (a) |
6 | the operation of a limited winery or a winery; or, (b) the |
7 | manufacturing, producing, distilling, developing, or using in |
8 | the process of manufacturing, denaturing, redistilling, |
9 | recovering, rectifying, blending and reusing of alcohol and |
10 | liquor; or, (c) the holding in bond of alcohol and liquor; or, |
11 | (d) the holding in storage, as bailee for hire, of alcohol, |
12 | liquor and malt or brewed beverages; or, (e) the transporting |
13 | for hire of alcohol, liquor and malt or brewed beverages. Such |
14 | licenses may be transferred from one person to another or from |
15 | one location to another, or both. Every applicant for a transfer |
16 | of such licenses shall file a written application with the |
17 | board, together with a filing fee of five hundred fifty dollars |
18 | ($550) if the transfer is to a new location, six hundred fifty |
19 | dollars ($650) if the transfer is to a new person, or seven |
20 | hundred dollars ($700) if the transfer is to a new person for |
21 | use at a new location. Whenever such a license is transferred, |
22 | no license or other fees shall be required from the persons to |
23 | whom such transfer is made for the portion of the license period |
24 | for which the license fee has been paid by the transferor. |
25 | Section 8. Section 505.2(a) of the act is amended by adding |
26 | a clause to read: |
27 | Section 505.2. Limited Wineries.--(a) In the interest of |
28 | promoting tourism and recreational development in Pennsylvania, |
29 | holders of a limited winery license may: |
30 | * * * |
|
1 | (6.4) Store alcoholic cider, wine and wine coolers produced |
2 | by the limited winery at no more than two (2) board-approved |
3 | locations other than the licensed premises and those premises |
4 | referenced in clause (3) pertaining to the five (5) board- |
5 | approved locations for the sale of wine, with no bottling or |
6 | production requirement at those additional locations and under |
7 | such conditions and regulations as the board may enforce. If two |
8 | (2) or more businesses will operate out of the same storage |
9 | facility, the limited winery must designate specific and |
10 | distinct areas for its storage. The limited winery's designated |
11 | storage area must be secured and no one other than the licensee |
12 | and his employees may be allowed access to the storage area. No |
13 | board-approved manager will be necessary for the storage |
14 | facility. The limited winery must fill out an application for |
15 | such an additional board-approved storage location, and such |
16 | location shall count as one of the two permitted for each |
17 | limited winery. The limited winery is responsible for keeping |
18 | only its own complete records. A limited winery may be cited for |
19 | a violation of the recordkeeping requirements of sections 512 |
20 | and 513 pertaining to its own records only. |
21 | * * * |
22 | Section 5 9. This act shall take effect in 60 days | <-- |
23 | immediately. | <-- |
|