SENATE AMENDED
PRIOR PRINTER'S NOS. 1843, 2613, 3090 PRINTER'S NO. 3160
No. 1519 Session of 2001
INTRODUCED BY REINARD, LEH, MARSICO, McILHINNEY, WILT AND
ADOLPH, MAY 3, 2001
SENATOR CONTI, LAW AND JUSTICE, IN SENATE, AS AMENDED,
JANUARY 23, 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 adding definitions; further providing for special occasion
18 permits; providing for shipment of wine into the
19 Commonwealth; further providing for general powers of the
20 board, for sales by Pennsylvania liquor stores, for
21 applications for hotel, restaurant and club liquor licenses,
22 for public venue license, for performing arts facility
23 license; providing FOR A CONTINUING CARE RETIREMENT COMMUNITY <--
24 RETAIL LICENSE NOT SUBJECT TO THE QUOTA SYSTEM AND for malt
25 and brewed beverages alternating brewers' licenses; and
26 further providing for application for distributors',
27 importing distributors' and retail dispensers' licenses, for
28 limiting number of retail licenses to be issued in each
29 county, for places of amusement not to be licensed and
30 penalty, for licenses not assignable and transfers, for
31 revocation and suspension of licenses and fines, for local
1 option, for clubs, for privately owned public golf courses,
2 for establishments proximate to interstate highways not to be
3 licensed, for applicants to provide State tax identification
4 numbers and statement of State tax status and waiver of
5 confidentiality of information in the possession of the
6 Department of Revenue and other departments and review of
7 State tax status, for unlawful acts relative to liquor, malt
8 and brewed beverages and licensees, for identification cards
9 and licensees and State liquor store employees saved from
10 prosecution, for reporting of worthless checks, for unlawful
11 advertising and for premises to be vacated by patrons.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The definitions of "eating place," "public venue"
15 and "restaurant" in section 102 of the act of April 12, 1951
16 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
17 June 29, 1987 (P.L.32, No.14) and amended December 20, 2000
18 (P.L.992, No.141), are amended and the section is amended by
19 adding definitions to read:
20 Section 102. Definitions.--The following words or phrases,
21 unless the context clearly indicates otherwise, shall have the
22 meanings ascribed to them in this section:
23 * * *
24 "Alternating brewer" shall mean any person, association,
25 corporation or other business entity licensed by the board to
26 produce malt or brewed beverages at premises that are licensed
27 by another entity under a Pennsylvania manufacturer's license.
28 * * *
29 "Automobile racetrack" shall mean a track used principally
30 for holding automobile races which has a seating capacity in
31 excess of twenty-five thousand.
32 * * *
33 "Combination package" shall mean a package consisting of
34 liquor or alcohol and a non-liquor or non-alcohol item as
35 packaged by the manufacturer or its representative.
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1 * * *
2 "CONTINUING CARE RETIREMENT COMMUNITY" SHALL MEAN THE <--
3 BUILDING OR COMPLEX OPERATED BY A NONPROFIT ENTITY INCORPORATED
4 UNDER 15 PA.C.S. SUBPT. C (RELATING TO NONPROFIT CORPORATIONS)
5 WHICH PRIMARILY HOUSES PERSONS OVER THE AGE OF SIXTY-TWO. AT
6 LEAST ONE HUNDRED PERSONS RESIDING IN THE BUILDING OR COMPLEX
7 MUST BE OVER THE AGE OF SIXTY-TWO.
8 * * *
9 "Direct shipper" shall mean a person outside this
10 Commonwealth who obtains a license from the board to accept
11 orders placed for wine from within this Commonwealth by the
12 Internet and who ships or facilitates in any way shipment of
13 wine by a delivery agent or common carrier to a Pennsylvania
14 liquor store.
15 * * *
16 "Eating place" shall mean a premise where food is regularly
17 and customarily prepared and sold, having a total area of not
18 less than three hundred square feet available to the public in
19 one or more rooms, other than living quarters, and equipped with
20 tables and chairs, including bar seats, accommodating thirty
21 persons at one time.
22 * * *
23 "Management company" shall mean any entity employed or
24 otherwise contracted by a licensee to operate, manage or
25 supervise all or part of the operation of the licensed premises.
26 * * *
27 "Public venue" shall mean a stadium, arena, convention
28 center, museum, amphitheater or similar structure. If the public
29 venue is a cruise terminal owned or leased by a port authority
30 created under the act of June 12, 1931 (P.L.575, No.200),
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1 entitled "An act providing for joint action by Pennsylvania and
2 New Jersey in the development of the ports on the lower Delaware
3 River, and the improvement of the facilities for transportation
4 across the river; authorizing the Governor, for these purposes,
5 to enter into an agreement with New Jersey; creating The
6 Delaware River Joint Commission and specifying the powers and
7 duties thereof, including the power to finance projects by the
8 issuance of revenue bonds; transferring to the new commission
9 all the powers of the Delaware River Bridge Joint Commission;
10 and making an appropriation," it shall have no permanent seating
11 requirement. If the public venue is an open-air amphitheater
12 owned by a port authority created under the act of December 6,
13 1972 (P.L.1392, No.298), known as the "Third Class City Port
14 Authority Act," it shall have no permanent seating requirement.
15 If the public venue is owned by a political subdivision, a
16 municipal authority, the Commonwealth, an authority created
17 under the act of July 29, 1953 (P.L.1034, No.270), known as the
18 "Public Auditorium Authorities Law," an authority created under
19 Article XXV-A of the act of July 28, 1953 (P.L.723, No.230),
20 known as the "Second Class County Code," an art museum
21 established under the authority of the act of April 6, 1791 (3
22 Sm.L.20, No.1536), entitled "An act to confer on certain
23 associations of the citizens of this commonwealth the powers and
24 immunities of corporations, or bodies politic in law," or an
25 authority created under Article XXIII (n) or (o) of the act of
26 August 9, 1955 (P.L.323, No.130), known as "The County Code," it
27 shall have permanent seating for at least one thousand (1,000)
28 people; otherwise, it shall have permanent seating for at least
29 [five thousand (5,000)] three thousand (3,000) people. The term
30 shall also mean any regional history center, multipurpose
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1 cultural and science facility or museum, regardless of owner and
2 seating capacity, that has a floor area of at least sixty
3 thousand (60,000) square feet in one building.
4 * * *
5 "Restaurant" shall mean a reputable place operated by
6 responsible persons of good reputation and habitually and
7 principally used for the purpose of providing food for the
8 public, the place to have an area within a building of not less
9 than four hundred square feet, equipped with tables and chairs,
10 including bar seats, accommodating at least thirty persons at
11 one time.
12 * * *
13 Section 2. Section 207 of the act is amended by adding a
14 subsection to read:
15 Section 207. General Powers of Board.--Under this act, the
16 board shall have the power and its duty shall be:
17 * * *
18 (k) To issue grants to various entities for alcohol
19 education and prevention efforts.
20 Section 3. Section 305(a) of the act is amended to read:
21 Section 305. Sales by Pennsylvania Liquor Stores.--(a)
22 Every Pennsylvania Liquor Store shall keep in stock for sale
23 such classes, varieties and brands of liquor and alcohol as the
24 board shall prescribe. Every Pennsylvania Liquor Store shall be
25 authorized to sell combination packages. If any person shall
26 desire to purchase any class, variety or brand of liquor or
27 alcohol which any such store does not have in stock, it shall be
28 the duty of such store immediately to order the same upon the
29 payment of a reasonable deposit by the purchaser in such
30 proportion of the approximate cost of the order as shall be
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1 prescribed by the regulations of the board. No purchaser may be
2 required to purchase more than two bottles or containers of the
3 product, provided that such product is available through the
4 State store system. The customer shall be notified immediately
5 upon the arrival of the goods.
6 In computing the retail price of such special orders for
7 liquor or alcohol, the board shall not include the cost of
8 freight or shipping before applying the mark-up and taxes but
9 shall add the freight or shipping charges to the price after the
10 mark-up and taxes have been applied.
11 Unless the customer pays for and accepts delivery of any such
12 special order within ten days after notice of arrival, the store
13 may place it in stock for general sale and the customer's
14 deposit shall be forfeited.
15 * * *
16 Section 4. Section 403(a) of the act, amended December 21,
17 1998 (P.L.1202, No.155), is amended to 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,
20010H1519B3160 - 6 -
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.
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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, 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 Section 5. Section 408.4(a) of the act, amended November 10,
14 1999 (P.L.514, No.47), is amended to read:
15 Section 408.4. Special Occasion Permits.--(a) Upon
16 application of any hospital, church, synagogue, volunteer fire
17 company, volunteer ambulance company, volunteer rescue squad,
18 nonprofit organization as defined under section 501(c)(3) of the
19 Internal Revenue code of 1986 (Public Law 99-514, 26 U.S.C. §
20 501(c)(3)) whose purpose is to protect the architectural
21 heritage of boroughs, and which has been recognized as such by a
22 municipal resolution, unit of a nationally chartered club which
23 has been issued a club liquor license, nonprofit agricultural
24 association in existence for at least ten years, bona fide
25 sportsmen's club in existence for at least ten years, nationally
26 chartered veterans' organization and any affiliated lodge or
27 subdivision of such organization, fraternal benefit society that
28 is licensed to do business in this Commonwealth and any
29 affiliated lodge or subdivision of such fraternal benefit
30 society, or one auxiliary of any of the foregoing, and upon
20010H1519B3160 - 8 -
1 payment of the prescribed fee for special occasion permits under
2 section 614-A of the act of April 9, 1929 (P.L.177, No.175),
3 known as "The Administrative Code of 1929," the board shall
4 issue a special occasion permit good for a period of not more
5 than six consecutive or nonconsecutive days during a calendar
6 year. Special occasion permits may also be issued to a museum
7 operated by a nonprofit corporation in a city of the third class
8 or township of the first class or a nonprofit corporation
9 engaged in the performing arts in a city of the third class or
10 in an incorporated town or to an arts council or to a nonprofit
11 corporation that operates an arts facility or museum in a city
12 of the third class in a county of the fourth class for a period
13 of not more than six nonconsecutive or ten consecutive days at
14 the prescribed fee for special occasion permits under section
15 614-A of "The Administrative Code of 1929."
16 * * *
17 Section 6. Sections 412(b), (d), (e) and (f) and 413(d), (e)
18 and (g) of the act, added December 20, 2000 (P.L.992, No.141),
19 are amended to read:
20 Section 412. Public Venue License.--* * *
21 (b) An application for a restaurant liquor license under
22 this section may be made by the owner of the public venue, [a
23 nonprofit corporation operating] the operator of the public
24 venue or by a concessionaire designated by the governing body of
25 either the owner of the public venue or the [nonprofit
26 corporation] operator. The application and issuance of the
27 license is subject to sections 403 and 404 unless otherwise
28 stated. The licensing period shall be as set forth by the board
29 under section 402. The application, renewal and filing fees
30 shall be as prescribed in section 614-A(25) of the act of April
20010H1519B3160 - 9 -
1 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
2 1929." [For the purposes of this section, a nonprofit
3 corporation is an entity incorporated under the nonprofit
4 corporation laws for the purpose of benefiting the public and
5 not for the purpose of benefiting its members.]
6 * * *
7 (d) Licenses under this section shall expire upon: (1)
8 revocation by an administrative law judge under section 471; (2)
9 nonrenewal by the board under section 470; (3) nonrenewal of the
10 license by the license holder; (4) termination of the contract
11 between the owner of the public venue and its concessionaire; or
12 (5) termination of the contract between [a nonprofit
13 corporation] an operator and its concessionaire.
14 * * *
15 (e) The board may issue a license under this section at any
16 time to a new applicant even if the previous license had: (1)
17 been revoked by an administrative law judge under section 471;
18 (2) not been renewed by the board under section 470; (3) not
19 been renewed by the license holder; (4) expired because of the
20 termination of the contract between the owner of the public
21 venue and its concessionaire; or (5) expired because of the
22 termination of the contract between [the nonprofit corporation]
23 an operator and its concessionaire.
24 (f) Licenses issued under this section are to be considered
25 restaurant liquor licenses. However, the following additional
26 restrictions and privileges apply:
27 (1) Sales may only be made one hour before, during and one
28 hour after any athletic performance, performing arts event,
29 trade show, convention, banquet or any other performance at the
30 facility; however, sales may not be made from two o'clock
20010H1519B3160 - 10 -
1 antemeridian to seven o'clock antemeridian. In addition, sales
2 may not occur prior to eleven o'clock antemeridian on Sundays or
3 seven o'clock antemeridian on Mondays. Notwithstanding this
4 section, facilities that had been licensed under former sections
5 408.9 and 408.14 may sell liquor and/or malt or brewed beverages
6 anytime except from two o'clock antemeridian to seven o'clock
7 antemeridian or prior to eleven o'clock antemeridian on Sundays
8 or seven o'clock antemeridian on Mondays, regardless of whether
9 there is a performance at the facility.
10 (2) Sales of alcoholic beverages before, during and after
11 all professional and amateur athletic events on the premises
12 shall be limited to sales of malt or brewed beverages in
13 shatterproof containers. Sales of alcoholic beverages before,
14 during and after performing arts events or other entertainment
15 events may consist of liquor or malt or brewed beverages in
16 shatterproof containers. Sales during trade shows, conventions,
17 banquets or at other events, or sales made in the club seats or
18 at a restaurant facility, may consist of liquor or malt or
19 brewed beverages in any type of container; however, any liquor
20 or malt or brewed beverages sold in the club seats or restaurant
21 facility must remain in the club seating level or restaurant
22 facility. For purposes of this section, a club seat is any
23 seating located on the designated club seating level and
24 partitioned from general seating by a wall, divider, partial
25 wall or railing. The club seating level must not be accessible
26 by the general public. The board's records shall clearly
27 delineate where the sale of liquor or malt or brewed beverages
28 in any type of container may occur.
29 (3) Sales of malt or brewed beverages for off-premises
30 consumption are prohibited.
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1 (4) Licenses issued under this section shall not be subject
2 to: (i) the proximity provisions of sections 402 and 404; (ii)
3 the quota restrictions of section 461; [(iii) the provisions of
4 section 463;] (iv) the provisions of section 493(10) except as
5 they relate to lewd, immoral or improper entertainment; and (v)
6 the prohibition against minors frequenting as described in
7 section 493(14). In addition, licenses issued under this section
8 shall not be subject to the provisions defining "restaurant" in
9 section 102.
10 Section 413. Performing Arts Facility License.--* * *
11 (d) Licenses under this section shall expire upon: (1)
12 revocation by an administrative law judge under section 471; (2)
13 nonrenewal by the board under section 470; (3) nonrenewal of the
14 license by the license holder; or (4) termination of the
15 contract between the [owner] operator of the [public venue]
16 performing arts facilities and its concessionaire[; or (5)
17 termination of the contract between a corporation and its
18 concessionaire].
19 (e) The board may issue a license under this section at any
20 time to a new applicant even if the previous license had: (1)
21 been revoked by an administrative law judge under section 471;
22 (2) not been renewed by the board under section 470; (3) not
23 been renewed by the license holder; or (4) expired because of
24 the termination of the contract between the [owner] operator of
25 the [public venue] performing arts facilities and its
26 concessionaire[; or (5) expired because of the termination of
27 the contract between the corporation and its concessionaire].
28 * * *
29 (g) Licenses issued under this section shall not be subject
30 to: (1) the proximity provisions of sections 402 and 404; (2)
20010H1519B3160 - 12 -
1 the quota restrictions of section 461; [(3) the provisions of
2 section 463;] (4) the provisions of section 493(10) except as
3 they relate to lewd, immoral or improper entertainment; and (5)
4 the prohibitions against minors frequenting as described in
5 section 493(14). In addition, licenses issued under this section
6 shall not be subject to the provisions defining "restaurant" in
7 section 102.
8 * * *
9 Section 7. The act is amended by adding a section SECTIONS <--
10 to read:
11 SECTION 414. CONTINUING CARE RETIREMENT COMMUNITY RETAIL <--
12 LICENSES.--(A) THE BOARD IS AUTHORIZED TO ISSUE A RESTAURANT
13 LIQUOR LICENSE TO A CONTINUING CARE RETIREMENT COMMUNITY AS THAT
14 TERM IS DEFINED IN THIS ACT, OR ITS DESIGNATED CONCESSIONAIRE.
15 THE LICENSING PERIOD SHALL BE ESTABLISHED UNDER SECTION 402. THE
16 APPLICATION AND ISSUANCE OF THE LICENSE IS SUBJECT TO SECTIONS
17 403 AND 404 UNLESS OTHERWISE STATED. THE APPLICATION, RENEWAL,
18 AND FILING FEE, SHALL BE AS PRESCRIBED IN SECTION 614-A(1) OF
19 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
20 ADMINISTRATIVE CODE OF 1929."
21 (B) LICENSES ISSUED UNDER THIS SECTION ARE RESTAURANT LIQUOR
22 LICENSES FOR ALL PURPOSES EXCEPT AS PROVIDED HEREIN. HOWEVER,
23 THE FOLLOWING ADDITIONAL RESTRICTIONS AND PRIVILEGES APPLY:
24 (1) LICENSES ISSUED UNDER THIS SECTION ARE NOT SUBJECT TO
25 THE QUOTA RESTRICTIONS OF SECTION 461.
26 (2) SALES OF LIQUOR AND MALT OR BREWED BEVERAGES MAY NOT
27 OCCUR FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN O'CLOCK
28 ANTEMERIDIAN. IN ADDITION, SALES MAY NOT OCCUR PRIOR TO ONE
29 O'CLOCK POSTMERIDIAN OR AFTER TEN O'CLOCK POSTMERIDIAN ON
30 SUNDAY.
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1 (3) LIQUOR AND MALT OR BREWED BEVERAGES SOLD OR FURNISHED BY
2 THE LICENSEE MAY BE POSSESSED ANYWHERE WITHIN THE CONTINUING
3 CARE RETIREMENT COMMUNITY REGARDLESS OF WHETHER THAT PORTION OF
4 THE PREMISES IS LICENSED. HOWEVER, NO LIQUOR OR MALT OR BREWED
5 BEVERAGES SOLD OR FURNISHED BY THE LICENSEE MAY BE TAKEN BEYOND
6 THE CONFINES OF THE CONTINUING CARE RETIREMENT COMMUNITY.
7 (4) SALES OF LIQUOR OR MALT OR BREWED BEVERAGES MAY OCCUR IN
8 THOSE PORTIONS OF THE PREMISES LICENSED BY THE BOARD AS WELL AS
9 IN ROOMS THAT ARE LIVED IN OR USED BY RESIDENTS OF THE
10 CONTINUING CARE RETIREMENT COMMUNITY. SALES OF LIQUOR AND MALT
11 OR BREWED BEVERAGES ARE LIMITED TO RESIDENTS OF THE CONTINUING
12 CARE RETIREMENT COMMUNITY, EMPLOYES OF THE CONTINUING CARE
13 RETIREMENT COMMUNITY AND THE GUESTS OF RESIDENTS AND EMPLOYES.
14 (5) LICENSES ISSUED UNDER THIS SECTION ARE NOT SUBJECT TO
15 THE PROVISIONS DEFINING "RESTAURANT" IN SECTION 102.
16 (C) LICENSES ISSUED UNDER THIS SECTION ARE NONTRANSFERABLE
17 AND IF ISSUED TO A CONCESSIONAIRE SHALL EXPIRE UPON THE
18 TERMINATION OF THE CONTRACT BETWEEN THE CONTINUING CARE
19 RETIREMENT COMMUNITY AND THE CONCESSIONAIRE.
20 (D) THE BOARD MAY ISSUE AN EATING PLACE RETAIL DISPENSER
21 LICENSE TO A CONTINUING CARE RETIREMENT COMMUNITY LOCATED IN A
22 MUNICIPALITY THAT HAS VOTED TO ALLOW THE ISSUANCE OF EATING
23 PLACE RETAIL DISPENSER LICENSES BUT HAS NOT VOTED TO ALLOW THE
24 ISSUANCE OF RESTAURANT LIQUOR LICENSES.
25 Section 431.1. Malt and Brewed Beverages Alternating
26 Brewers' Licenses.--(a) The board shall be authorized to issue
27 an alternating brewer's license to qualified entities. In order
28 to qualify for the alternating brewer's license, the applicant
29 must demonstrate that it holds a Federal brewer's notice
30 registration issued for a premises within this Commonwealth and
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1 meet all the qualifications imposed on the holder of a malt and
2 brewed beverage manufacturer's license.
3 (b) The holder of an alternating brewer's license shall have
4 all the rights and be subject to the same conditions and
5 qualifications as those imposed on holders of a malt or brewed
6 beverage manufacturer's license except as set forth in this
7 section.
8 (c) The holder of an alternating brewer's license is not
9 required to maintain separate manufacturing premises; rather,
10 the alternating brewer's license shall be valid at premises that
11 are licensed by another entity under a Pennsylvania
12 manufacturer's license. The holder of an alternating brewer's
13 license shall not be entitled to the limited tax credit
14 available under section 2010 of the act of March 4, 1971 (P.L.6,
15 No.2), known as the "Tax Reform Code of 1971."
16 (d) Malt and brewed beverages manufactured under the
17 authority of an alternating brewer's license must be distributed
18 in this Commonwealth only through specific importing
19 distributors who shall first have been given distributor rights
20 for such products in designated geographical areas through the
21 distribution system required for out-of-State manufacturers
22 under section 431(b) as well as all other pertinent sections of
23 this act. The alternating brewer must comply with section 444.
24 (e) The application, renewal and filing fees for a malt and
25 brewed beverages alternating brewer's license shall be as
26 prescribed in section 614-A(10) of the act of April 9, 1929
27 (P.L.177, No.175), known as "The Administrative Code of 1929."
28 Section 8. Section 436(b) of the act, amended April 29, 1994
29 (P.L.212, No.30), is amended to read:
30 Section 436. Application for Distributors', Importing
20010H1519B3160 - 15 -
1 Distributors' and Retail Dispensers' Licenses.--Application for
2 distributors', importing distributors' and retail dispensers'
3 licenses, or for the transfer of an existing license to another
4 premises not then licensed, shall contain or have attached
5 thereto the following information and statements:
6 * * *
7 (b) The particular place for which the license is desired
8 and a detailed description thereof. The description, information
9 and plans referred to in this subsection shall show the premises
10 or the proposed location for the construction of the premises at
11 the time the application is made, and shall show any alterations
12 proposed to be made thereto, or the new building proposed to be
13 constructed after the approval by the board of the application
14 for a license, or for the transfer of an existing license to
15 another premises not then licensed or to another person. No
16 physical alterations, improvements or changes shall be required
17 to be made to any hotel, eating place or club, nor shall any new
18 building for any such purpose be required to be constructed
19 until approval of the application for license or for the
20 transfer of an existing license to another premises not then
21 licensed or to another person by the board. After approval of
22 the application, the licensee shall make the physical
23 alterations, improvements and changes to the licensed premises,
24 or shall construct the new building in the manner specified by
25 the board at the time of approval. The licensee shall not
26 transact any business under the license until the board has
27 approved the completed physical alterations, improvements and
28 changes of the licensed premises or the completed construction
29 of the new building as conforming to the specifications required
30 by the board at the time of issuance or transfer of the license
20010H1519B3160 - 16 -
1 and is satisfied that the premises meet the requirements for a
2 distributor's or importing distributor's license as set forth in
3 this act or that the establishment is an eating place, hotel or
4 club as defined by this act. The board may require that all such
5 alterations or construction or conformity to definition be
6 completed within six months from the time of issuance or
7 transfer of the license. Failure to comply with these
8 requirements shall be considered cause for revocation of the
9 license. No such license shall be transferable between the time
10 of issuance or transfer of the license and the approval of the
11 completed alterations or construction by the board and full
12 compliance by the licensee with the requirements of this act,
13 except in the case of death of the licensee prior to full
14 compliance with all of the aforementioned requirements, unless
15 full compliance is impossible for reasons beyond the licensee's
16 control, in which event the license may be transferred by the
17 board as provided in this act.
18 Section 9. Section 461(a), (b.1), (b.2), (b.3) and (e.1),
19 amended or added December 20, 2000 (P.L.992, No.141), are
20 amended to read:
21 Section 461. Limiting Number of Retail Licenses To Be Issued
22 In Each County.--(a) No additional restaurant, eating place
23 retail dispenser or club licenses shall be issued within a
24 county if the total number of restaurant and eating place retail
25 dispenser licenses is greater than one license for each three
26 thousand inhabitants in the county, except the board may issue
27 licenses to public venues, performing arts facilities,
28 CONTINUING CARE RETIREMENT COMMUNITIES, airport restaurants, <--
29 municipal golf courses, hotels, privately-owned private golf
30 courses, privately-owned public golf courses, racetracks,
20010H1519B3160 - 17 -
1 automobile racetracks, nonprimary pari-mutuel wagering locations
2 and to any other entity which this act specifically exempts from
3 the limitations provided in this section, and the board may
4 issue a license to a club situated in a borough having a
5 population less than eight thousand inhabitants which is located
6 in a county of the second class A whose application is filed on
7 or before February 28, 2001. In addition, the board may issue an
8 eating place retail dispenser license for on-premises sales only
9 to the owner or operator of a facility having a minimum of a
10 one-half mile asphalt track and having a permanent seating
11 capacity of at least six thousand people used principally for
12 holding automobile races, regardless of the number of restaurant
13 and eating place retail dispenser licenses already issued in
14 that county. When determining the number of restaurant and
15 eating place retail dispenser licenses issued in a county for
16 the purposes of this section, licenses exempted from this
17 limitation and club licenses shall not be considered.
18 Inhabitants of dry municipalities shall be considered when
19 determining the population in a county. Licenses shall not be
20 issued or transferred into municipalities where such licenses
21 are prohibited pursuant to local referendum in accordance with
22 section 472. Licenses approved for intermunicipal transfer may
23 not be transferred from the receiving municipality for a period
24 of five years after the date that the licensed premises are
25 operational in the receiving municipality.
26 (b.1) The board may issue restaurant and eating place retail
27 dispenser licenses and renew licenses issued under this
28 subsection without regard to the quota restrictions set forth in
29 subsection (a) for the purpose of economic development in a
30 municipality under the following conditions:
20010H1519B3160 - 18 -
1 (1) A license may only be issued under this subsection if
2 the applicant has exhausted reasonable means for obtaining a
3 suitable license within the county.
4 (2) The proposed licensed premises must be located within
5 either of the following:
6 (i) A keystone opportunity zone established under the
7 authority of the act of October 6, 1998 (P.L.705, No.92), known
8 as the ["Pennsylvania Keystone Opportunity Zone Act,"] "Keystone
9 Opportunity Zone and Keystone Opportunity Expansion Zone Act,"
10 or an area designated as an enterprise zone by the Department of
11 Community and Economic Development.
12 (ii) A municipality in which the issuance of a restaurant or
13 eating place retail dispenser license has been approved by the
14 governing body of the municipality for the purpose of local
15 economic development. Upon request for approval of an economic
16 development license by an applicant, at least one public hearing
17 shall be held by the municipal governing body for the purpose of
18 receiving comments and recommendations of interested individuals
19 residing within the municipality concerning the applicant's
20 intent to acquire an economic development license from the
21 Pennsylvania Liquor Control Board. The governing body shall,
22 within forty-five days of a request for approval, render a
23 decision by ordinance or resolution to approve or disapprove the
24 applicant's request for an economic development license. [The
25 municipality must approve the request unless it finds that doing
26 so] If the municipality finds that the issuance of the license
27 would promote economic development it may approve the request;
28 however, it must refuse the request if it finds that approval of
29 the request would adversely affect the welfare, health, peace
30 and morals of the municipality or its residents. A decision by
20010H1519B3160 - 19 -
1 the governing body of the municipality to deny the request may
2 be appealed to the court of common pleas in the county in which
3 the municipality is located. A copy of the approval must be
4 submitted with the license application.
5 (3) The board may issue no more than two licenses total in
6 each county of the first through fourth class and no more than
7 one license total in each county of the fifth through eighth
8 class per calendar year.
9 (4) An applicant under this subsection shall be required to
10 sell food and nonalcoholic beverages equal to seventy per centum
11 (70%) or more of its combined gross sales of food and alcoholic
12 beverages.
13 (5) In addition to renewal and license fees provided under
14 existing law for the type of license issued, an applicant shall
15 be required to pay an initial application surcharge as follows:
16 (i) Fifty thousand dollars ($50,000) if the licensed
17 premises is located in a county of the first through fourth
18 class.
19 (ii) Twenty-five thousand dollars ($25,000) if the licensed
20 premises is located in a county of the fifth through eighth
21 class.
22 (iii) The initial application surcharge minus a seven
23 hundred dollar ($700) processing fee shall be refunded to the
24 applicant if the board refuses to issue a provisional license
25 under subsection (b.2). Otherwise, the initial application
26 surcharge minus a seven hundred dollar ($700) processing fee
27 shall be credited to The State Stores Fund. The processing fee
28 shall be treated as an application filing fee as prescribed in
29 section 614(A)(1)(i) of the act of April 9, 1929 (P.L.177,
30 No.175), known as "The Administrative Code of 1929."
20010H1519B3160 - 20 -
1 (6) A license issued under this subsection and a provisional
2 license issued under subsection (b.2) shall be nontransferable
3 with regard to ownership or location.
4 (7) An appeal of the board's decision refusing to grant or
5 renew a license under this subsection shall not act as a
6 supersedeas of the decision of the board if the decision is
7 based, in whole or in part, on the licensee's failure to
8 demonstrate that its food and nonalcoholic beverages were at
9 least seventy per centum (70%) of its combined gross sales of
10 food and alcoholic beverages.
11 (8) A license issued under this subsection may not be
12 validated or renewed unless the licensee can establish that its
13 sale of food and nonalcoholic beverages during the license year
14 immediately preceding application for validation or renewal is
15 equal to seventy per centum (70%) or more of its food and
16 alcoholic beverage sales.
17 (b.2) Qualified applicants under subsection [(b)] (b.1)
18 shall receive a provisional license for one hundred twenty days,
19 exclusive of periods of safekeeping. After ninety days from the
20 date of issuance, the licensee may file an application for a
21 permanent license. A license shall be issued if the licensee
22 establishes that for ninety consecutive days from the date of
23 initial issue its sales of food and nonalcoholic beverages is
24 equal to at least seventy per centum (70%) of its combined gross
25 sales of food and alcoholic beverages. Licensees shall not be
26 subject to citation by the Enforcement Bureau for a violation of
27 the requirement that food and nonalcoholic beverages equal at
28 least seventy per centum (70%) of the combined gross sales of
29 food and alcoholic beverages during the provisional licensing
30 period.
20010H1519B3160 - 21 -
1 (b.3) An intermunicipal transfer of a license or issuance of
2 a license for economic development under subsection (b.1)(2)(i)
3 must first be approved by the governing body of the receiving
4 municipality when the total number of existing restaurant liquor
5 licenses and eating place retail dispenser licenses in the
6 receiving municipality exceed one license per three thousand
7 inhabitants. Upon request for approval of an intermunicipal
8 transfer of a license or issuance of an economic development
9 license by an applicant, at least one public hearing shall be
10 held by the municipal governing body for the purpose of
11 receiving comments and recommendations of interested individuals
12 residing within the municipality concerning the applicant's
13 intent to transfer a license into the municipality or acquire an
14 economic development license from the Pennsylvania Liquor
15 Control Board. The governing body shall, within forty-five days
16 of a request for approval, render a decision by ordinance or
17 resolution to approve or disapprove the applicant's request for
18 an intermunicipal transfer of a license or issuance of an
19 economic development license. The municipality must approve the
20 request unless it finds that doing so would adversely affect the
21 welfare, health, peace and morals of the municipality or its
22 residents. A decision by the governing body of the municipality
23 to deny the request may be appealed to the court of common pleas
24 in the county in which the municipality is located. A copy of
25 the approval must be submitted with the license application.
26 * * *
27 (e.1) "Privately-owned public golf course" as used in this
28 section shall mean the restaurant facilities at any privately-
29 owned golf course open for public accommodation. The license may
30 be issued to the operator of the privately-owned public golf
20010H1519B3160 - 22 -
1 course. The license holder may designate a concessionaire to
2 provide food, alcoholic beverage and non-alcoholic beverage
3 service at the restaurant facility.
4 * * *
5 Section 10. Section 463 of the act, amended May 31, 1990
6 (P.L.224, No.48) and December 20, 2000 (P.L.992, No.141), is
7 amended to read:
8 [Section 463. Places of Amusement Not To Be Licensed;
9 Penalty.--(a) No license for the sale of liquor or malt or
10 brewed beverages in any quantity shall be granted to the
11 proprietors, lessees, keepers or managers of any theater,
12 circus, museum or other place of amusement, nor shall any house
13 be licensed for the sale of liquor or malt or brewed beverages
14 which has passage or communication to or with any theater,
15 circus, museum or other place of amusement, and any license
16 granted contrary to this act shall be null and void. Nothing
17 contained in this section shall be construed as denying to the
18 board the right to grant a restaurant liquor license regardless
19 of quota restrictions to the owner or operator of:
20 (1) a racetrack as defined in section 102 of this act;
21 (2) a nonprimary pari-mutuel wagering location as defined in
22 section 102 of this act; or
23 (3) a restaurant in a building on a plot of ground owned or
24 possessed under lease by a corporation incorporated under the
25 laws of this Commonwealth and used principally by such
26 corporation for holding outdoor sport events wherein such events
27 are held under a license issued as provided by law to such
28 corporation by a department, board or commission of the
29 Commonwealth of Pennsylvania.
30 The restaurant liquor license aforementioned shall be subject to
20010H1519B3160 - 23 -
1 all the conditions and restrictions herein applicable to
2 restaurant liquor licenses, except the above prohibition against
3 any passageway or communication between such licensed premises
4 and the place of amusement, and except that nothing contained in
5 this act shall be construed to prohibit the licensed nonprimary
6 pari-mutuel wagering location or the racetrack from providing
7 wagering within the entire licensed premises of the nonprimary
8 pari-mutuel wagering location or the racetrack, and a restaurant
9 liquor license issued for a nonprimary pari-mutuel wagering
10 location or a restaurant liquor license issued for a racetrack
11 issued subsequent to the enactment of this amendment shall not
12 be transferable.
13 Nothing contained in this act shall be construed as denying
14 to the board the right to grant a new restaurant liquor license,
15 regardless of quota restrictions, at any time, to the owner or
16 operator of a restaurant in a building or plot of ground having
17 a seating capacity in excess of twenty-five thousand, used
18 principally for holding automobile races.
19 (a.1) Nothing contained in subsection (a) of this section or
20 in section 102 of this act shall be construed as denying to the
21 board the right to grant a club or restaurant liquor or malt and
22 brewed beverage license to a club incorporated in this
23 Commonwealth which has been in existence less than one year
24 prior to making application under this section or to a
25 restaurant either of which has a clubhouse or restaurant located
26 in a stadium or arena having an available seating capacity of
27 twelve thousand or more and owned and operated by or pursuant to
28 an agreement with any city of the first class or created and
29 operated under and in compliance with the act of July 29, 1953
30 (P.L.1034), known as the "Public Auditorium Authorities Law,"
20010H1519B3160 - 24 -
1 and used principally for events at which athletes compete or
2 other types of performers entertain. The club or restaurant
3 liquor or malt and brewed beverage license aforementioned shall
4 be subject to all the conditions and restrictions applicable to
5 such licenses and licenses for places of amusement, except the
6 above prohibition against any passageway or communication
7 between such licensed premises and the place of amusement.
8 (a.2) Nothing contained in this act shall be construed to
9 prevent the holder of a hotel, restaurant liquor or malt and
10 brewed beverage license from selling liquor and malt or brewed
11 beverages in a bowling alley, or other recreational areas
12 including, but no limited to, game rooms and video arcade areas
13 of hotels, when no minors are present, unless minors who are
14 present are under proper supervision as defined in section 493,
15 where the restaurant, bowling alley, or other recreational areas
16 including, but not limited to, game rooms and video arcade areas
17 of hotels are immediately adjacent and under the same roof. The
18 restaurant liquor or malt and brewed beverage licensee
19 aforementioned shall be subject to all the conditions and
20 restrictions applicable to such restaurant licenses except the
21 above prohibition against any passageway or communication
22 between a licensed premise and a place of amusement.
23 (a.3) Nothing contained in subsection (a) or in section 102
24 shall be construed as denying to the board the right to grant a
25 new retail dispenser license for on-premises sales only,
26 regardless of quota restrictions, to the owner or operator of a
27 facility having a minimum of a one-half mile asphalt track and
28 having a permanent seating capacity of at least six thousand
29 used principally for holding automobile races.
30 (b) Any proprietor, lessee, keeper or manager of any
20010H1519B3160 - 25 -
1 theater, circus, museum or other place of amusement, or any
2 other person who shall violate the provisions of this section,
3 shall be guilty of a misdemeanor and, upon conviction thereof,
4 shall be sentenced to pay a fine of one hundred dollars and to
5 undergo an imprisonment of not less than thirty days.
6 (c) This section is not applicable to public venues or
7 performing arts facilities licensed under sections 412 and 413.]
8 Section 11. Section 468(a) of the act is amended by adding a
9 clause to read:
10 Section 468. Licenses Not Assignable; Transfers.--(a) * * *
11 (4) In the event the license to be transferred has been
12 ordered to serve a suspension under section 471, and has not
13 served the suspension at the time the board considers the
14 application and all appeals regarding the suspension have been
15 exhausted, the board may require the transferee to serve the
16 suspension as a condition for approval of the transfer. Further,
17 the board may convert the outstanding suspension into a fine and
18 require the transferee to pay the fine as a condition for
19 approval of the transfer. If the board converts the outstanding
20 suspension to a fine, the fine need not comply with the minimum
21 and maximum amounts set forth in section 471 for the underlying
22 citation.
23 * * *
24 Section 12. Section 471(b) and (c) of the act, amended
25 December 20, 2000 (P.L.992, No.141), are amended to read:
26 Section 471. Revocation and Suspension of Licenses; Fines.--
27 * * *
28 (b) Hearing on such citations shall be held in the same
29 manner as provided herein for hearings on applications for
30 license. Upon such hearing, if satisfied that any such violation
20010H1519B3160 - 26 -
1 has occurred or for other sufficient cause, the administrative
2 law judge shall immediately suspend or revoke the license, or
3 impose a fine of not less than fifty dollars ($50) nor more than
4 one thousand dollars ($1,000), or both, notifying the licensee
5 by registered letter addressed to his licensed premises. If the
6 licensee has been cited and found to have violated section
7 493(1) insofar as it relates to sales to minors or sales to a
8 visibly intoxicated person, section 493(10) insofar as it
9 relates to lewd, immoral or improper entertainment or section
10 493(14), (16) or (21), or has been found to be a public nuisance
11 pursuant to section 611, or if the owner or operator of the
12 licensed premises or any authorized agent of the owner or
13 operator has been convicted of any violation of the act of April
14 14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
15 Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 5902
16 (relating to prostitution and related offenses) or 6301
17 (relating to corruption of minors), at or relating to the
18 licensed premises, the administrative law judge shall
19 immediately suspend or revoke the license, or impose a fine of
20 not less than one thousand dollars ($1,000) nor more than five
21 thousand dollars ($5,000), or both. However, if a licensee has
22 been cited and found to have violated section 493(1) as it
23 relates to sales to minors or sales to a visibly intoxicated
24 person but at the time of the sale the licensee was in
25 compliance with the requirements set forth in section 471.1 and
26 the licensee had not sold to minors or visibly intoxicated
27 persons in the previous four years, then the administrative law
28 judge shall immediately suspend or revoke the license, or impose
29 a fine of not less than fifty dollars ($50) nor more than one
30 thousand dollars ($1,000), or both. The administrative law judge
20010H1519B3160 - 27 -
1 shall notify the licensee by registered mail, addressed to the
2 licensed premises, of such suspension, revocation or fine. In
3 the event the fine is not paid within twenty days of the
4 adjudication, the administrative law judge shall suspend or
5 revoke the license, notifying the licensee by registered mail
6 addressed to the licensed premises. Suspensions and revocations
7 shall not go into effect until thirty days have elapsed from the
8 date of the adjudication during which time the licensee may take
9 an appeal as provided for in this act. Any licensee whose
10 license is revoked shall be ineligible to have a license under
11 this act until the expiration of three years from the date such
12 license was revoked. In the event a license is revoked, no
13 license shall be granted for the premises or transferred to the
14 premises in which the said license was conducted for a period of
15 at least one year after the date of the revocation of the
16 license conducted in the said premises, except in cases where
17 the licensee or a member of his immediate family is not the
18 owner of the premises, in which case the board may, in its
19 discretion, issue or transfer a license within the said year. In
20 the event the bureau or the person who was fined or whose
21 license was suspended or revoked shall feel aggrieved by the
22 adjudication of the administrative law judge, there shall be a
23 right to appeal to the board. The appeal shall be based solely
24 on the record before the administrative law judge. [The board
25 shall affirm the decision of the administrative law judge if it
26 is based on substantial evidence; otherwise, the board shall
27 reverse the decision of the administrative law judge.] The board
28 shall only reverse the decision of the administrative law judge
29 if the administrative law judge committed an error of law,
30 abused its discretion or if its decision is not based on
20010H1519B3160 - 28 -
1 substantial evidence. In the event the bureau or the person who
2 was fined or whose license was suspended or revoked shall feel
3 aggrieved by the decision of the board, there shall be a right
4 to appeal to the court of common pleas in the same manner as
5 herein provided for appeals from refusals to grant licenses.
6 Each of the appeals shall act as a supersedeas unless, upon
7 sufficient cause shown, the reviewing authority shall determine
8 otherwise; however, if the licensee has been cited and found to
9 have violated section 493(1) insofar as it relates to sales to
10 minors or sales to a visibly intoxicated person, section 493(10)
11 insofar as it relates to lewd, immoral or improper entertainment
12 or section 493(14), (16) or (21), or has been found to be a
13 public nuisance pursuant to section 611, or if the owner or
14 operator of the licensed premises or any authorized agent of the
15 owner or operator has been convicted of any violation of "The
16 Controlled Substance, Drug, Device and Cosmetic Act," or of 18
17 Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
18 its appeal shall not act as a supersedeas unless the reviewing
19 authority determines otherwise upon sufficient cause shown. In
20 any hearing on an application for a supersedeas under this
21 section, the reviewing authority may consider, in addition to
22 other relevant evidence, documentary evidence, including records
23 of the bureau, showing the prior history of citations, fines,
24 suspensions or revocations against the licensee; and the
25 reviewing authority may also consider, in addition to other
26 relevant evidence, evidence of any recurrence of the unlawful
27 activity occurring between the date of the citation which is the
28 subject of the appeal and the date of the hearing. No penalty
29 provided by this section shall be imposed for any violations
30 provided for in this act unless the bureau notifies the licensee
20010H1519B3160 - 29 -
1 of its nature within thirty days of the completion of the
2 investigation.
3 (c) The administrative law judge may consider the licensee's
4 prior citation history when imposing a penalty. If the violation
5 in question is a third or subsequent violation of this act or
6 Title 18 of the Pennsylvania Consolidated Statutes (relating to
7 crimes and offenses), occurring within a period of four years,
8 the administrative law judge shall impose a suspension or
9 revocation.
10 * * *
11 Section 13. Section 472(a) of the act, amended December 20,
12 2000 (P.L.992, No.141), is amended and the section is amended by
13 adding subsections to read:
14 Section 472. Local Option.--(a) In any municipality or any
15 part of a municipality where such municipality is split so that
16 each part thereof is separated by another municipality, an
17 election may be held, subject to subsection (c), on the date of
18 the primary election immediately preceding any municipal
19 election, but not oftener than once in four years, to determine
20 the will of the electors with respect to the granting of liquor
21 licenses to hotels, restaurants, resort facilities and clubs,
22 not oftener than once in four years, to determine the will of
23 the electors with respect to the granting of liquor licenses to
24 public venues, to performing arts facilities, TO CONTINUING CARE <--
25 RETIREMENT COMMUNITIES, to hotels located on property owned by
26 an accredited college or university, to privately-owned private
27 golf courses or to privately-owned public golf courses, not
28 oftener than once in four years, to determine the will of the
29 electors with respect to the granting of licenses to retail
30 dispensers of malt and brewed beverages, not oftener than once
20010H1519B3160 - 30 -
1 in four years, to determine the will of the electors with
2 respect to granting of licenses to wholesale distributors and
3 importing distributors, not more than once in two years, to
4 determine the will of the electors with respect to the granting
5 of club liquor licenses or club retail dispenser licenses to
6 incorporated units of national veterans' organizations, not
7 oftener than once in two years to determine the will of the
8 electors with respect to the granting of special occasion
9 permits to qualified organizations, or not more than once in
10 four years, to determine the will of the electors with respect
11 to the establishment, operation and maintenance by the board of
12 Pennsylvania liquor stores, within the limits of such
13 municipality or part of a split municipality, under the
14 provisions of this act: Provided, however, Where an election
15 shall have been held at the primary preceding a municipal
16 election in any year, another election may be held under the
17 provisions of this act at the primary occurring the fourth year
18 after such prior election: And provided further, That an
19 election on the question of establishing and operating a State
20 liquor store shall be initiated only in those municipalities, or
21 that part of a split municipality that shall have voted against
22 the granting of liquor licenses; and that an election on the
23 question of granting wholesale distributor and importing
24 distributor licenses shall be initiated only in those
25 municipalities or parts of split municipalities that shall have
26 at a previous election voted against the granting of dispenser's
27 licenses. Whenever electors equal to at least twenty-five per
28 centum of the highest vote cast for any office in the
29 municipality or part of a split municipality at the last
30 preceding general election shall file a petition with the county
20010H1519B3160 - 31 -
1 board of elections of the county for a referendum on the
2 question of granting any of said classes of licenses or the
3 establishment of Pennsylvania liquor stores, the said county
4 board of elections shall cause a question to be placed on the
5 ballots or on the voting machine board and submitted at the
6 primary immediately preceding the municipal election. Separate
7 petitions must be filed for each question to be voted on. Said
8 proceedings shall be in the manner and subject to the provisions
9 of the election laws which relate to the signing, filing and
10 adjudication of nomination petitions, insofar as such provisions
11 are applicable.
12 When the question is in respect to the granting of liquor
13 licenses, it shall be in the following form:
14 Do you favor the granting of liquor licenses
15 for the sale of liquor in.......................... Yes
16 of................................................? No
17 When the question is in respect to the granting of liquor
18 licenses to resort facilities in those municipalities that do
19 not already allow the retail sale of liquor, it shall be in the
20 following form:
21 Do you favor the granting of liquor licenses to resort
22 facilities for the sale of liquor in the.......... Yes
23 of...............................................? No
24 When the question is in respect to the granting of restaurant
25 liquor licenses for use at public venues in those municipalities
26 that do not already allow the retail sale of liquor, it shall be
27 in the following form:
28 Do you favor the granting of liquor licenses to public
29 venues for the sale of liquor in the............. Yes
30 of..............................................? No
20010H1519B3160 - 32 -
1 When the question is in respect to the granting of restaurant
2 liquor licenses for use at performing arts facilities in those
3 municipalities that do not already allow the retail sale of
4 alcohol, it shall be in the following form:
5 Do you favor the granting of liquor licenses to
6 performing arts facilities for the sale of liquor
7 in the........................................... Yes
8 of..............................................? No
9 When the question is in respect to the granting of liquor
10 licenses for hotels located on property owned by an accredited
11 college or university in those municipalities that do not
12 already allow the granting of liquor licenses, it shall be in
13 the following form:
14 Do you favor the granting of liquor licenses to hotels on
15 property owned by an accredited college or university
16 in the............................................ Yes
17 of...............................................? No
18 When the question is in respect to the granting of liquor
19 licenses, for privately-owned private golf courses, it shall be
20 in the following form:
21 Do you favor the granting of liquor licenses for
22 privately-owned private golf courses for the sale
23 of liquor in.................by.................. Yes
24 of..............................................? No
25 When the question is in respect to the granting of liquor
26 licenses, for privately-owned public golf courses, it shall be
27 in the following form:
28 Do you favor the granting of liquor licenses for
29 privately-owned public golf courses for the sale
30 of liquor in.................by.................. Yes
20010H1519B3160 - 33 -
1 of..............................................? No
2 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR <--
3 LICENSES TO CONTINUING CARE RETIREMENT COMMUNITIES IN THOSE
4 MUNICIPALITIES THAT HAVE NOT ALREADY APPROVED THE GRANTING OF
5 LIQUOR LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
6 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
7 CONTINUING CARE RETIREMENT COMMUNITIES
8 IN.................BY......................... YES
9 OF.............................................? NO
10 When the question is in respect to the granting of licenses
11 to retail dispensers of malt and brewed beverages, it shall be
12 in the following form:
13 Do you favor the granting of malt and brewed
14 beverage retail dispenser licenses for
15 consumption on premises where sold in the........ Yes
16 of..............................................? No
17 When the question is in respect to the granting of licenses
18 to wholesale distributors of malt or brewed beverages and
19 importing distributors, it shall be in the following form:
20 Do you favor the granting of malt and brewed
21 beverage wholesale distributor's and importing
22 distributor's licenses not for consumption on
23 premises where sold in the....................... Yes
24 of..............................................? No
25 When the question is in respect to the granting of club
26 liquor licenses to incorporated units of national veterans'
27 organizations, it shall be in the following form:
28 Do you favor the granting of club liquor licenses
29 to incorporated units of national veterans' organizations
30 in the........................................... Yes
20010H1519B3160 - 34 -
1 of..............................................? No
2 When the question is in respect to the granting of club
3 retail dispenser licenses to incorporated units of national
4 veterans' organizations, it shall be in the following form:
5 Do you favor the granting of club retail dispenser
6 licenses to incorporated units of national veterans'
7 organizations in the............................. Yes
8 of..............................................? No
9 When the question is in respect to the granting of special
10 occasion permits allowing the sale of liquor by qualified
11 organizations in municipalities that do not already allow the
12 retail sale of liquor, it shall be in the following form:
13 Do you favor the granting of special occasion permits to
14 allow the sale of liquor by qualified organizations in
15 the............................................... Yes
16 of...............................................? No
17 When the question is in respect to the granting of special
18 occasion permits allowing the sale of malt or brewed beverages
19 only by qualified organizations in municipalities that do not
20 already allow the retail sale of malt or brewed beverages, it
21 shall be in the following form:
22 Do you favor the granting of special occasion permits to
23 allow the sale of malt or brewed beverages only by qualified
24 organizations in the.............................. Yes
25 of...............................................? No
26 When the question is in respect to the establishment,
27 operation and maintenance of Pennsylvania liquor stores it shall
28 be in the following form:
29 Do you favor the establishment, operation
30 and maintenance of Pennsylvania liquor
20010H1519B3160 - 35 -
1 stores in the.................................... Yes
2 of..............................................? No
3 In case of a tie vote, the status quo shall obtain. If a
4 majority of the voting electors on any such question vote "yes,"
5 then liquor licenses shall be granted by the board to hotels,
6 restaurants, resort facilities and clubs, or liquor licenses
7 shall be granted by the board to public venues, to performing
8 arts facilities, to hotels located on property owned by an
9 accredited college or university, to privately-owned private
10 golf courses or to privately-owned public golf courses, or malt
11 and brewed beverage retail dispenser licenses or wholesale
12 distributor's and importing distributor's license for the sale
13 of malt or brewed beverages shall be granted by the board, or
14 club liquor licenses or club retail dispenser licenses shall be
15 granted by the board to incorporated units of national veterans'
16 organizations, or special occasion permits may be issued to
17 qualified organizations, or the board may establish, operate and
18 maintain Pennsylvania liquor stores, as the case may be, in such
19 municipality or part of a split municipality, as provided by
20 this act; but if a majority of the electors voting on any such
21 question vote "no," then the board shall have no power to grant
22 or to renew upon their expiration any licenses of the class so
23 voted upon in such municipality or part of a split municipality;
24 or if the negative vote is on the question in respect to the
25 establishment, operation and maintenance of Pennsylvania liquor
26 stores, the board shall not open and operate a Pennsylvania
27 liquor store in such municipality or part of a split
28 municipality, nor continue to operate a then existing
29 Pennsylvania liquor store in the municipality or part of a split
30 municipality for more than two years thereafter or after the
20010H1519B3160 - 36 -
1 expiration of the term of the lease on the premises occupied by
2 such store, whichever period is less, unless and until at a
3 later election a majority of the voting electors vote "yes" on
4 such question.
5 * * *
6 (e) An election may be held on the question of granting
7 liquor licenses to resort facilities in municipalities that do
8 not already allow the retail sale of liquor in section 472(a) at
9 the primary election immediately following the effective date of
10 this subsection, and at each subsequent primary election,
11 notwithstanding any referendum frequency restriction in this act
12 to the contrary.
13 (f) For purposes of this section, "resort facilities" shall
14 mean any hotel, restaurant or club located on property owned by
15 or contiguous to a convention center that offers skiing, golf,
16 hiking and horseback riding. The convention center itself must
17 be located on property at least two thousand acres in size. The
18 property may be located in more than one municipality or county.
19 Section 14. Section 472.1 of the act is amended to read:
20 Section 472.1. Clubs.--(a) Whenever any club in existence
21 at least five years prior to the time of application for license
22 owns a contiguous plot of land in more than two municipalities
23 in one or more but less than all of which the granting of liquor
24 licenses has not been prohibited and at least one acre of the
25 plot of land owned by the club is situated in each municipality
26 in which the granting of liquor licenses has not been
27 prohibited, the club may be issued a club liquor license or a
28 catering license by the board if the board finds that the
29 license will not be detrimental to any residential neighborhood.
30 This section shall not be construed to prohibit the issuance of
20010H1519B3160 - 37 -
1 club liquor licenses or catering licenses which may otherwise be
2 issued under the provisions of this act.
3 (b) Any club which holds a liquor license or a catering
4 license under this section on the effective date of this
5 subsection may, for a period of six (6) months from the
6 effective date of this subsection, exchange such license for a
7 restaurant liquor license. The restaurant liquor license shall
8 be nontransferable and shall be issued to the club or
9 concessionaire chosen by the club to operate the restaurant. A <--
10 RESTAURANT LIQUOR LICENSE ISSUED TO A CONCESSIONAIRE UNDER THIS
11 SECTION SHALL BE IMMEDIATELY RESCINDED UPON THE TERMINATION OF
12 THE CONTRACT BETWEEN THE CLUB AND THE CONCESSIONAIRE.
13 NOTWITHSTANDING ANY OTHER PROVISIONS OF THE LAW, IF A RESTAURANT
14 LIQUOR LICENSE ISSUED UNDER THIS SUBSECTION IS RESCINDED BECAUSE
15 OF THE TERMINATION OF THE AGREEMENT BETWEEN THE CLUB AND THE
16 CONCESSIONAIRE, THE BOARD MAY ISSUE A NEW RESTAURANT LICENSE TO
17 THE CLUB OR ITS NEWLY DESIGNATED CONCESSIONAIRE, AT ANY TIME.
18 Section 15. Section 472.4 of the act, added December 7, 1990
19 (P.L.622, No.160), is amended to read:
20 [Section 472.4. Privately-Owned Public Golf Courses.--(a)
21 Any privately-owned public golf course licensee may, upon
22 application to and the approval of the board, contract with a
23 concessionaire to operate a restaurant or provide food service
24 and, in the case of a restaurant liquor licensee, sell liquor
25 and malt and brewed beverages or, in the case of a malt and
26 brewed beverage dispenser licensee, sell malt and brewed
27 beverages pursuant to the provisions of this act pertaining to
28 such licensees.
29 (b) The board shall approve the application of any
30 privately-owned public golf course licensee to contract with a
20010H1519B3160 - 38 -
1 concessionaire pursuant to subsection (a) upon being satisfied
2 that the concessionaire is of good repute and financially
3 responsible.]
4 Section 16. Section 475 of the act is amended to read:
5 [Section 475. Establishments Proximate to Interstate
6 Highways Not To Be Licensed.--(a) No license for the sale of
7 liquor or malt or brewed beverages in any quantity shall be
8 granted to the proprietor, lessee, keeper or manager of an
9 establishment the building entrance to which is located within
10 three hundred feet of the entrance or exit of an interstate
11 limited access highway.
12 (b) This section shall not apply to existing licenses, nor
13 be deemed to affect the right of an existing licensee to
14 reinstatement or renewal of his license.]
15 Section 17. Section 477 of the act is amended by adding a
16 subsection to read:
17 Section 477. Applicants to Provide State Tax Identification
18 Numbers and Statement of State Tax Status; Waiver of
19 Confidentiality of Information in the Possession of the
20 Department of Revenue and Other Departments; Review of State Tax
21 Status.--* * *
22 (g) This section shall also be applicable to any management
23 company utilized by the applicant.
24 Section 18. Article IV of the act is amended by adding a
25 subdivision to read:
26 (C.1) Shipment of Wine.
27 Section 488. Shipment of Wine into Commonwealth.--(a) The
28 shipment of wine from out-of-State to residents of this
29 Commonwealth is prohibited, except as otherwise provided for in
30 this section.
20010H1519B3160 - 39 -
1 (b) Notwithstanding any other provision of this act or law
2 to the contrary, a person licensed by another state as a
3 producer, supplier, importer, wholesaler, distributor or
4 retailer of wine and who obtains a direct wine shipper license
5 as provided for in this section may ship up to nine liters per
6 month of any wine on the Internet order of any resident of this
7 Commonwealth who is at least twenty-one years of age for such
8 resident's personal use and not for resale.
9 (c) An out-of-State wine shipper shall:
10 (1) Not ship more than nine liters per month on the Internet
11 order of any person in this Commonwealth.
12 (2) Not ship to any address in a municipality that has <--
13 adopted a local option referendum under section 472.
14 (3) (2) Report to the board each year the total of wine
15 shipped into this Commonwealth in the preceding calendar year.
16 (4) (3) Permit the board or the Secretary of Revenue, or <--
17 their designated representatives, to perform an audit of the
18 out-of-State wine shipper's records upon request.
19 (5) (4) Be deemed to have submitted to the jurisdiction of <--
20 the board, any other State agency and the courts of this
21 Commonwealth for purposes of enforcement of this section and any
22 related laws, rules or regulations.
23 (d) A direct shipper may ship wine on the Internet order of
24 a resident into this Commonwealth provided that the wine is
25 shipped to a Pennsylvania Liquor Store selected by the resident. <--
26 and the resident pays all taxes due on the wine at the time the <--
27 wine is picked up. THE WINE WILL BE SUBJECT TO TAXES IN THE SAME <--
28 MANNER AS WINE SOLD DIRECTLY BY THE BOARD. THE WINE WILL NOT BE
29 RELEASED BY THE STATE STORE UNTIL ALL MONEYS DUE, INCLUDING ALL
30 TAXES AND FEES, HAVE BEEN PAID BY THE RESIDENT.
20010H1519B3160 - 40 -
1 (e) A person shall sign an affidavit provided by the
2 Pennsylvania Liquor Store where the wine was delivered to
3 stating that the wine will only be used for the person's
4 personal use. Any person who resells wine obtained under this
5 section commits a misdemeanor of the second degree.
6 (f) The board may promulgate such rules and regulations as
7 are necessary to implement and enforce the provisions of this
8 section. THE BOARD MAY CHARGE THE RESIDENT A FEE TO COVER THE <--
9 COST ASSOCIATED WITH PROCESSING THE INTERNET ORDER.
10 (g) The term "wine" as used in this section shall mean
11 liquor which is fermented from grapes and other fruits, having
12 alcoholic content of twenty-four per centum or less. The term
13 "wine" shall not include malt or brewed beverages, nor shall
14 wine include any products containing alcohol derived from malt,
15 grain, cereal, molasses or cactus.
16 Section 19. Section 491(2), (8) and (11) of the act are
17 amended to read:
18 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
19 Liquor Licensees.--
20 It shall be unlawful--
21 * * *
22 (2) Possession or Transportation of Liquor or Alcohol. For
23 any person, except a manufacturer or the board or the holder of
24 a sacramental wine license or of an importer's license, to
25 possess or transport any liquor or alcohol within this
26 Commonwealth which was not lawfully acquired prior to January
27 first, one thousand nine hundred and thirty-four, or has not
28 been purchased from a Pennsylvania Liquor Store or a licensed
29 limited winery in Pennsylvania, except [miniatures totalling
30 less than one gallon purchased by a collector of the same in
20010H1519B3160 - 41 -
1 another state or foreign country, or] in accordance with section
2 488 or the board's regulations. IN ADDITION IT SHALL BE LAWFUL <--
3 FOR ANYONE TO POSSESS MINIATURES TOTALING LESS THAN ONE GALLON
4 PURCHASED IN ANOTHER STATE OR A FOREIGN COUNTRY. The burden
5 shall be upon the person possessing or transporting such liquor
6 or alcohol to prove that it was so acquired. But nothing herein
7 contained shall prohibit the manufacture or possession of wine
8 by any person in his home for consumption of himself, his family
9 and guests and not for sale, not exceeding, during any one
10 calendar year, two hundred gallons, any other law to the
11 contrary notwithstanding. Such wine shall not be manufactured,
12 possessed, offered for sale or sold on any licensed premises.
13 None of the provisions herein contained shall prohibit nor
14 shall it be unlawful for any person to import into Pennsylvania,
15 transport or have in his possession, an amount of liquor not
16 exceeding one gallon in volume upon which a State tax has not
17 been paid, if it can be shown to the satisfaction of the board
18 that such person purchased the liquor in a foreign country or
19 United States territory and was allowed to bring it into the
20 United States. Neither shall the provisions contained herein
21 prohibit nor make it unlawful for (i) any member of the armed
22 forces on active duty, or (ii) any retired member of the armed
23 forces, or (iii) any totally disabled veteran, or (iv) the
24 spouse of any person included in the foregoing classes of
25 persons to import into Pennsylvania, transport or have in his
26 possession an amount of liquor not exceeding one gallon per
27 month in volume upon which the State tax has not been paid, so
28 long as such liquor has been lawfully purchased from a package
29 store established and maintained under the authority of the
30 United States and is in containers identified in accordance with
20010H1519B3160 - 42 -
1 regulations issued by the Department of Defense. Such liquor
2 shall not be possessed, offered for sale or sold on any licensed
3 premises.
4 None of the provisions herein contained shall prohibit nor
5 shall it be unlawful for any consul general, consul or other
6 diplomatic officer of a foreign government to import into
7 Pennsylvania, transport or have in his possession liquor upon
8 which a State tax has not been paid, if it can be shown to the
9 satisfaction of the board that such person acquired the liquor
10 in a foreign country and was allowed to bring it into the United
11 States. Such liquor shall not be possessed, offered for sale or
12 sold on any licensed premises.
13 Any person violating the provisions of this clause for a
14 first offense involving the possession or transportation in
15 Pennsylvania of any liquor in a package (bottle or other
16 receptacle) or wine not purchased from a Pennsylvania Liquor
17 Store or from a licensed limited winery in Pennsylvania, with
18 respect to which satisfactory proof is produced that the
19 required Federal tax has been paid and which was purchased,
20 procured or acquired legally outside of Pennsylvania shall upon
21 conviction thereof in a summary proceeding be sentenced to pay a
22 fine of twenty-five dollars ($25) for each such package, plus
23 costs of prosecution, or undergo imprisonment for a term not
24 exceeding ninety (90) days. Each full quart or major fraction
25 thereof shall be considered a separate package (bottle or other
26 receptacle) for the purposes of this clause. Such packages of
27 liquor shall be forfeited to the Commonwealth in the manner
28 prescribed in Article VI of this act but the vehicle, boat,
29 vessel, animal or aircraft used in the illegal transportation of
30 such packages shall not be subject to forfeiture: Provided,
20010H1519B3160 - 43 -
1 however, That if it is a second or subsequent offense or if it
2 is established that the illegal possession or transportation was
3 in connection with a commercial transaction, then the other
4 provisions of this act providing for prosecution as a
5 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
6 animal or aircraft shall apply.
7 * * *
8 (8) Importation and Sales of Alcohol. For any person, to
9 import alcohol into this Commonwealth, or to sell alcohol to any
10 person, except in accordance with section 488 and the
11 regulations of the board.
12 * * *
13 (11) Importation of Liquor. For any person, other than the
14 board or the holder of a sacramental wine license [or of], an
15 importer's license or a direct shipper's license, to import any
16 liquor whatsoever into this Commonwealth, but this section shall
17 not be construed to prohibit railroad and pullman companies from
18 selling liquors purchased outside the Commonwealth in their
19 dining, club and buffet cars which are covered by public service
20 liquor licenses and which are operated in this Commonwealth.
21 * * *
22 Section 20. Section 493(3), (4), (9), (14) and (26) of the
23 act, amended December 20, 2000 (P.L.992, No.141), are amended to
24 read:
25 Section 493. Unlawful Acts Relative to Liquor, Malt and
26 Brewed Beverages and Licensees.--The term "licensee," when used
27 in this section, shall mean those persons licensed under the
28 provisions of Article IV, unless the context clearly indicates
29 otherwise.
30 It shall be unlawful--
20010H1519B3160 - 44 -
1 * * *
2 [(3) Exchange of Liquor or Malt or Brewed Beverages For
3 Merchandise, etc. For any licensee or the board, or any employe,
4 servant or agent of a licensee or of the board, to sell, offer
5 to sell or furnish any liquor or malt or brewed beverages to any
6 person on a pass book or store order, or to receive from any
7 person any goods, wares, merchandise or other articles in
8 exchange for liquor or malt or brewed beverages.
9 (4) Peddling Liquor or Malt or Brewed Beverages. For any
10 person, to hawk or peddle any liquor or malt or brewed beverages
11 in this Commonwealth.]
12 * * *
13 [(9) Retail Licensees Furnishing Free Lunch, etc. For any
14 retail liquor licensee or any retail dispenser, his agents,
15 servants or employes, to furnish, give or sell below a fair cost
16 any lunch to any consumer, except such articles of food as the
17 board may authorize and approve.]
18 * * *
19 (14) Permitting Undesirable Persons or Minors to Frequent
20 Premises. For any hotel, restaurant or club liquor licensee, or
21 any retail dispenser, his servants, agents or employes, to
22 permit persons of ill repute, [known criminals,] prostitutes or
23 minors to frequent his licensed premises or any premises
24 operated in connection therewith, except minors accompanied by
25 parents, guardians, or under proper supervision or except minors
26 who frequent any restaurant or retail dispensing licensee whose
27 sales of food and non-alcoholic beverages are equal to [seventy]
28 sixty FIFTY per centum or more of the combined gross sales of <--
29 both food and alcoholic beverages on the condition that
30 alcoholic beverages may not be served at the table or booth at
20010H1519B3160 - 45 -
1 which the said minor is seated at the time (unless said minor is
2 under proper supervision as hereinafter defined) and on the
3 further condition that only table service of alcoholic beverages
4 or take-out service of beer shall be permitted in the room
5 wherein the minor is located: Provided, however, That it shall
6 not be unlawful for any hotel, restaurant or club liquor
7 licensee or any retail dispenser to permit minors under proper
8 supervision upon the licensed premises or any premises operated
9 in connection therewith for the purpose of a social gathering,
10 even if such gathering is exclusively for minors: And provided
11 further, That no liquor shall be sold, furnished or given to
12 such minors nor shall the licensee knowingly permit any liquor
13 or malt or brewed beverages to be sold, furnished or given to or
14 be consumed by any minor, and the area of such gathering shall
15 be segregated from the remainder of the licensed premises. In
16 the event the area of such gathering cannot be segregated from
17 the remainder of the licensed premises, all alcoholic beverages
18 must be either removed from the licensed premises or placed
19 under lock and key during the time the gathering is taking
20 place. [Notice of such gathering shall be given the board as it
21 may, by regulation, require.] Written notice, at least forty-
22 eight (48) hours in advance of such gathering, shall be given to
23 the enforcement bureau. Any licensee violating the provisions of
24 this clause shall be subject to the provisions of section 471.
25 Nothing in this clause shall be construed to make it unlawful
26 for minors to frequent public venues or performing arts
27 facilities.
28 "Proper supervision," as used in this clause, means the
29 presence, on that portion of the licensed premises where a minor
30 or minors are present, of one person twenty-five years of age or
20010H1519B3160 - 46 -
1 older for every fifty minors or part thereof who is directly
2 responsible for the care and conduct of such minor or minors
3 while on the licensed premises and in such proximity that the
4 minor or minors are constantly within his sight or hearing. The
5 presence of the licensee or any employe or security officer of
6 the licensee shall not constitute proper supervision.
7 * * *
8 (26) Worthless Checks. For any retail liquor licensee or any
9 retail dispenser, distributor or importing distributor, to make,
10 draw, utter, issue or deliver, or cause to be made, drawn,
11 uttered, issued or delivered, any check, draft or similar order,
12 for the payment of money in payment for any purchase of malt or
13 brewed beverages, when such retail liquor licensee, retail
14 dispenser, distributor or importing distributor, has not
15 sufficient funds in, or credit with, such bank, banking
16 institution, trust company or other depository, for the payment
17 of such check. Any person who is a licensee under the provisions
18 of this article, who shall receive in payment for malt or brewed
19 beverages sold by him any check, draft or similar order for the
20 payment of money, which is subsequently dishonored by the bank,
21 banking institution, trust company or other depository, upon
22 which drawn, for any reason whatsoever, shall, within five days
23 of receipt of notice of such dishonor, notify by certified mail
24 the person who presented the said worthless check, draft or
25 similar order. This clause shall not be deemed to have been <--
26 violated if the check, draft or similar order is honored within
27 twenty days of the date on which it was made, drawn, issued or
28 presented. IF THE VIOLATION OF THIS CLAUSE IS THE FIRST SUCH <--
29 VIOLATION BY THE LICENSEE THAT CALENDAR YEAR INVOLVING A CHECK,
30 DRAFT OR SIMILAR ORDER FROM THE PURCHASER TO THE SELLER, AND IF
20010H1519B3160 - 47 -
1 THE CHECK, DRAFT OR SIMILAR ORDER IS SUBSEQUENTLY HONORED WITHIN
2 TEN DAYS FROM THE DAY IT WAS MADE, DRAWN, UTTERED, ISSUED OR
3 DELIVERED, THEN THE ENFORCEMENT BUREAU SHALL ISSUE AN
4 ADMINISTRATIVE WARNING IN LIEU OF CITATION.
5 Section 21. Section 495(a), (e) and (f) of the act, amended
6 or added December 21, 1988 (P.L.1879, No.183) and December 20,
7 1996 (P.L.1523, No.199), are amended to read:
8 Section 495. Identification Cards; Licensees and State
9 Liquor Store Employes Saved From Prosecution.--(a) The valid
10 photo driver's license or identification card issued by the
11 Department of Transportation or by any other state, [an] a valid
12 armed forces of the United States identification card, a valid
13 passport or a travel visa issued by the United States or a
14 foreign country that contains the holder's photograph shall, for
15 the purpose of this act, be accepted as an identification card.
16 * * *
17 [(e) Any such signed form in the possession of a licensee or
18 an employe of a State Liquor Store may be offered as a defense
19 in all civil and criminal prosecutions for serving a minor, and
20 no penalty shall be imposed if the administrative law judge or
21 the courts are satisfied that the licensee or State Liquor Store
22 employe acted in good faith.
23 (f) A photograph or photocopy or other visual or video
24 presentation of the identification card set forth in subsection
25 (a) in the possession of a licensee or an employe of a State
26 Liquor Store may be offered as a defense in all civil and
27 criminal prosecutions for serving a minor, and no penalty shall
28 be imposed if the administrative law judge or the courts are
29 satisfied that the licensee or State Liquor Store employe acted
30 in good faith.]
20010H1519B3160 - 48 -
1 (e) No penalty shall be imposed on a licensee, licensee's
2 employe or State Liquor Store employe for serving alcohol to a
3 minor if the licensee or employe can establish that the minor
4 was required to produce an identification card as set forth in
5 subsection (a), the minor completed and signed the form as set
6 forth in subsection (c), and these documents were relied upon in
7 good faith. This defense shall apply to all civil and criminal
8 prosecutions.
9 (f) In addition to the defense set forth in subsection (e),
10 no penalty shall be imposed on a licensee, licensee's employe or
11 State Liquor Store employe for serving alcohol to a minor if the
12 licensee or employe can establish that the minor was required to
13 produce an identification card as set forth in subsection (a), a
14 photograph, photocopy or other visual or video presentation of
15 the identification card was made and those documents were relied
16 upon in good faith. This defense shall apply to all civil and
17 criminal prosecutions.
18 Section 22. Section 496 of the act is amended to read:
19 Section 496. Reporting of Worthless Checks.--Any person who
20 is a licensee under the provisions of this article, who shall
21 receive in payment for malt or brewed beverages sold by him any
22 check, draft or similar order, for the payment of money, which
23 is subsequently dishonored by the bank, banking institution,
24 trust company or other depository, upon which drawn, for any
25 reason whatsoever, and which violates the provisions of section
26 493(26) shall, within [twenty days of receipt of notice of such <--
27 dishonor] thirty days of the date on which the check, draft or <--
28 similar order was made, drawn, issued or presented, notify the
29 board thereof. Such notification to the board shall be in such
30 manner and form as the board shall direct.
20010H1519B3160 - 49 -
1 Section 23. Section 498 of the act, amended December 20,
2 1996 (P.L.1523, No.199), is amended to read:
3 Section 498. Unlawful Advertising.--(a) Manufacturers,
4 wholesalers, retailers and shippers, whether from outside or
5 inside this Commonwealth, and any licensee under this act are
6 permitted to advertise their products and prices in this
7 Commonwealth. All advertisements shall be subject to all Federal
8 and State laws and regulations.
9 (b) No advertisement of price may contain the following:
10 (1) Any statement that is false, deceptive or misleading.
11 (2) Any statement that is disparaging of the products of a
12 competitor.
13 (3) Any statement referring to monetary comparison between
14 brands.
15 (c) Prices that are advertised or displayed on the licensed
16 premises shall be those that are in effect at the time of the
17 advertisement or display.
18 [(d) No prices, other than the posting of a printed menu or
19 wine list as expressly provided for in section 493(20)(i), may
20 be displayed in a window of any licensed establishment.]
21 (e) The following shall apply to all alcoholic beverage and
22 malt beverage advertising:
23 (1) The entity responsible for the advertisement shall be
24 clearly identified in the advertisement.
25 (2) No licensee may distribute, by mail, personally or
26 through servants, agents or employees, price lists, circulars or
27 handbills off the licensed premises to the general public as a
28 means of advertising liquor, wine or malt or brewed beverages.
29 (3) No print advertisement of alcoholic beverages of any
30 type shall be permitted within three hundred feet of any church,
20010H1519B3160 - 50 -
1 school or public playground. This prohibition shall not preclude
2 any point of sale advertisement, menus or other print
3 advertisement regarding alcoholic beverages inside the licensed
4 premises.
5 (4) The use in any advertisement of alcoholic beverages of
6 any subject matter, language or slogan directed to minors to
7 promote consumption of alcoholic beverages is prohibited.
8 Nothing in this section shall be deemed to restrict or prohibit
9 any advertisement of alcoholic beverages to those persons of
10 legal drinking age.
11 (5) No advertisement shall be permitted, either directly or
12 indirectly, in any booklet, program book, yearbook, magazine,
13 newspaper, periodical, brochure, circular or other similar
14 publication published by, for or in behalf of any educational
15 institution.
16 (6) No advertisement that is obscene shall be permitted.
17 (f) Advertisement of alcoholic beverages and malt and brewed
18 beverages shall not be inconsistent with the spirit of safety or
19 safe driving programs.
20 (g) For purposes of this subsection, the term
21 "advertisement" shall mean any advertising of alcoholic
22 beverages through the medium of radio broadcast, television
23 broadcast, newspapers, periodicals or other publication, outdoor
24 advertisement or any other printed or graphic matter, including
25 booklets, flyers or cards, or on the product label or attachment
26 itself.
27 Section 24. Section 499 of the act is amended by adding
28 subsections to read:
29 Section 499. Premises to be Vacated by Patrons.--* * *
30 (d) This section shall not apply to holders of public
20010H1519B3160 - 51 -
1 service licenses.
2 (e) Nothing in this section shall prohibit restaurant
3 liquor, eating place retail dispenser or hotel licenses from
4 being open 7:00 ante meridian on Sunday until 2:00 ante meridian
5 Monday for the purpose of serving food and non-alcoholic
6 beverages.
7 Section 25. This act shall take effect in 60 days. <--
8 SECTION 25. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
9 (1) THE AMENDMENT OR ADDITION OF SECTIONS 102, 412, 413,
10 431.1, 461, 463, 472, 472.1 AND 472.4 OF THE ACT SHALL TAKE
11 EFFECT IMMEDIATELY.
12 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
14 DAYS.
D17L47BIL/20010H1519B3160 - 52 -