SENATE AMENDED
PRIOR PRINTER'S NOS. 1843, 2613, 3090, PRINTER'S NO. 3264
3160, 3198, 3241
No. 1519 Session of 2001
INTRODUCED BY REINARD, LEH, MARSICO, McILHINNEY, WILT AND
ADOLPH, MAY 3, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, FEBRUARY 6, 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 TERMS OF MEMBERS OF <--
18 THE BOARD AND FOR special occasion permits; providing for
19 shipment of wine into the Commonwealth; further providing for
20 general powers of the board, for sales by Pennsylvania liquor
21 stores, for applications for hotel, restaurant and club
22 liquor licenses, for public venue license, for performing
23 arts facility license; providing FOR A CONTINUING CARE <--
24 RETIREMENT COMMUNITY RETAIL LICENSE NOT SUBJECT TO THE QUOTA
25 SYSTEM AND for malt and brewed beverages alternating brewers'
26 licenses; and further providing for application for <--
27 distributors', importing distributors' and retail dispensers'
28 licenses, for limiting number of retail licenses to be issued
29 in each county, for places of amusement not to be licensed
30 and 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; AND <--
12 MAKING AN EDITORIAL CHANGE.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The definitions of "eating place," "public venue"
16 and "restaurant" in section 102 of the act of April 12, 1951
17 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
18 June 29, 1987 (P.L.32, No.14) and amended December 20, 2000
19 (P.L.992, No.141), are amended and the section is amended by
20 adding definitions to read:
21 Section 102. Definitions.--The following words or phrases,
22 unless the context clearly indicates otherwise, shall have the
23 meanings ascribed to them in this section:
24 * * *
25 "Alternating brewer" shall mean any person, association,
26 corporation or other business entity licensed by the board to
27 produce malt or brewed beverages at premises that are licensed
28 by another entity under a Pennsylvania manufacturer's license.
29 * * *
30 "Automobile racetrack" shall mean a track used principally
31 for holding automobile races which has a seating capacity in
32 excess of twenty-five thousand.
33 * * *
34 "Combination package" shall mean a package consisting of
35 liquor or alcohol and a non-liquor or non-alcohol item as
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1 packaged by the manufacturer or its representative.
2 * * *
3 "CONTINUING CARE RETIREMENT COMMUNITY" SHALL MEAN THE <--
4 BUILDING OR COMPLEX OPERATED BY A NONPROFIT ENTITY INCORPORATED
5 UNDER 15 PA.C.S. SUBPT. C (RELATING TO NONPROFIT CORPORATIONS)
6 WHICH PRIMARILY HOUSES PERSONS OVER THE AGE OF SIXTY-TWO. AT
7 LEAST ONE HUNDRED PERSONS RESIDING IN THE BUILDING OR COMPLEX
8 MUST BE OVER THE AGE OF SIXTY-TWO.
9 * * *
10 "Direct shipper" shall mean a person outside this
11 Commonwealth who obtains a license from the board to accept
12 orders placed for wine from within this Commonwealth by the
13 Internet and who ships or facilitates in any way shipment of
14 wine by a delivery agent or common carrier to a Pennsylvania
15 liquor store.
16 * * *
17 "Eating place" shall mean a premise where food is regularly
18 and customarily prepared and sold, having a total area of not
19 less than three hundred square feet available to the public in
20 one or more rooms, other than living quarters, and equipped with
21 tables and chairs, including bar seats, accommodating thirty
22 persons at one time.
23 * * *
24 "Management company" shall mean any entity employed or
25 otherwise contracted by a licensee to operate, manage or
26 supervise all or part of the operation of the licensed premises.
27 * * *
28 "Public venue" shall mean a stadium, arena, convention
29 center, museum, amphitheater or similar structure. If the public
30 venue is a cruise terminal owned or leased by a port authority
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1 created under the act of June 12, 1931 (P.L.575, No.200),
2 entitled "An act providing for joint action by Pennsylvania and
3 New Jersey in the development of the ports on the lower Delaware
4 River, and the improvement of the facilities for transportation
5 across the river; authorizing the Governor, for these purposes,
6 to enter into an agreement with New Jersey; creating The
7 Delaware River Joint Commission and specifying the powers and
8 duties thereof, including the power to finance projects by the
9 issuance of revenue bonds; transferring to the new commission
10 all the powers of the Delaware River Bridge Joint Commission;
11 and making an appropriation," it shall have no permanent seating
12 requirement. If the public venue is an open-air amphitheater
13 owned by a port authority created under the act of December 6,
14 1972 (P.L.1392, No.298), known as the "Third Class City Port
15 Authority Act," it shall have no permanent seating requirement.
16 If the public venue is owned by a political subdivision, a
17 municipal authority, the Commonwealth, an authority created
18 under the act of July 29, 1953 (P.L.1034, No.270), known as the
19 "Public Auditorium Authorities Law," an authority created under
20 Article XXV-A of the act of July 28, 1953 (P.L.723, No.230),
21 known as the "Second Class County Code," an art museum
22 established under the authority of the act of April 6, 1791 (3
23 Sm.L.20, No.1536), entitled "An act to confer on certain
24 associations of the citizens of this commonwealth the powers and
25 immunities of corporations, or bodies politic in law," or an
26 authority created under Article XXIII (n) or (o) of the act of
27 August 9, 1955 (P.L.323, No.130), known as "The County Code," it
28 shall have permanent seating for at least one thousand (1,000)
29 people; otherwise, it shall have permanent seating for at least
30 [five thousand (5,000)] three thousand (3,000) people. The term
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1 shall also mean any regional history center, multipurpose
2 cultural and science facility or museum, regardless of owner and
3 seating capacity, that has a floor area of at least sixty
4 thousand (60,000) square feet in one building.
5 * * *
6 "Restaurant" shall mean a reputable place operated by
7 responsible persons of good reputation and habitually and
8 principally used for the purpose of providing food for the
9 public, the place to have an area within a building of not less
10 than four hundred square feet, equipped with tables and chairs,
11 including bar seats, accommodating at least thirty persons at
12 one time.
13 * * *
14 SECTION 1.1. SECTION 201 OF THE ACT IS AMENDED TO READ: <--
15 SECTION 201. APPOINTMENT OF MEMBERS; TERMS; SALARIES.--AN
16 INDEPENDENT ADMINISTRATIVE BOARD TO BE KNOWN AS THE
17 "PENNSYLVANIA LIQUOR CONTROL BOARD" IS HEREBY CREATED. THE BOARD
18 SHALL CONSIST OF THREE MEMBERS TO BE APPOINTED BY THE GOVERNOR
19 BY AND WITH THE ADVICE AND CONSENT OF TWO-THIRDS OF ALL THE
20 MEMBERS OF THE SENATE, NOT MORE THAN TWO OF WHOM SHALL BE FROM
21 THE SAME POLITICAL PARTY AS THE GOVERNOR. OF THE MEMBERS FIRST
22 APPOINTED AFTER THE EFFECTIVE DATE OF THIS AMENDATORY ACT, ONE
23 MEMBER SHALL SERVE A TERM OF THREE YEARS, ONE MEMBER SHALL SERVE
24 A TERM OF FOUR YEARS, AND ONE MEMBER SHALL SERVE A TERM OF FIVE
25 YEARS. SUBSEQUENT TERMS SHALL BE FOR FOUR YEARS, ENDING ON THE
26 THIRD TUESDAY IN MAY. [NO MEMBER UPON THE EXPIRATION OF HIS TERM
27 SHALL CONTINUE TO HOLD OFFICE UNTIL HIS SUCCESSOR SHALL BE DULY
28 APPOINTED AND QUALIFIED.] A MEMBER MAY CONTINUE TO HOLD OFFICE
29 FOR A PERIOD NOT TO EXCEED SIX MONTHS BEYOND THE EXPIRATION OF
30 THAT MEMBER'S TERM IF A SUCCESSOR TO THAT MEMBER HAS NOT BEEN
20010H1519B3264 - 5 -
1 DULY APPOINTED AND QUALIFIED ACCORDING TO LAW. EACH OF THE
2 MEMBERS SHALL RECEIVE AN ANNUAL SALARY [OF FORTY THOUSAND
3 DOLLARS ($40,000), EXCEPT THE CHAIRMAN, WHO SHALL RECEIVE AN
4 ANNUAL SALARY OF FORTY-TWO THOUSAND DOLLARS ($42,000).] PURSUANT
5 TO THE PROVISIONS OF THE ACT OF SEPTEMBER 30, 1983 (P.L.160,
6 NO.39), KNOWN AS THE "PUBLIC OFFICIAL COMPENSATION LAW."
7 Section 2. Section 207 of the act is amended by adding a
8 subsection to read:
9 Section 207. General Powers of Board.--Under this act, the
10 board shall have the power and its duty shall be:
11 * * *
12 (k) To issue grants to various entities for alcohol
13 education and prevention efforts.
14 Section 3. Section 305(a) of the act is amended to read:
15 Section 305. Sales by Pennsylvania Liquor Stores.--(a)
16 Every Pennsylvania Liquor Store shall keep in stock for sale
17 such classes, varieties and brands of liquor and alcohol as the
18 board shall prescribe. Every Pennsylvania Liquor Store shall be
19 authorized to sell combination packages. If any person shall
20 desire to purchase any class, variety or brand of liquor or
21 alcohol which any such store does not have in stock, it shall be
22 the duty of such store immediately to order the same upon the
23 payment of a reasonable deposit by the purchaser in such
24 proportion of the approximate cost of the order as shall be
25 prescribed by the regulations of the board. No purchaser may be
26 required to purchase more than two bottles or containers of the
27 product, provided that such product is available through the
28 State store system. The customer shall be notified immediately
29 upon the arrival of the goods.
30 In computing the retail price of such special orders for
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1 liquor or alcohol, the board shall not include the cost of
2 freight or shipping before applying the mark-up and taxes but
3 shall add the freight or shipping charges to the price after the
4 mark-up and taxes have been applied.
5 Unless the customer pays for and accepts delivery of any such
6 special order within ten days after notice of arrival, the store
7 may place it in stock for general sale and the customer's
8 deposit shall be forfeited.
9 * * *
10 Section 4. Section 403(a) of the act, amended December 21,
11 1998 (P.L.1202, No.155), is amended to read:
12 Section 403. Applications for Hotel, Restaurant and Club
13 Liquor Licenses.--(a) Every applicant for a hotel liquor
14 license, restaurant liquor license or club liquor license or for
15 the transfer of an existing license to another premises not then
16 licensed or to another person shall file a written application
17 with the board in such form and containing such information as
18 the board shall from time to time prescribe, which shall be
19 accompanied by a filing fee and an annual license fee as
20 prescribed in section 614-A of the act of April 9, 1929
21 (P.L.177, No.175), known as "The Administrative Code of 1929."
22 Every such application shall contain a description of that part
23 of the hotel, restaurant or club for which the applicant desires
24 a license and shall set forth such other material information,
25 description or plan of that part of the hotel, restaurant or
26 club where it is proposed to keep and sell liquor as may be
27 required by the regulations of the board. The descriptions,
28 information and plans referred to in this subsection shall show
29 the hotel, restaurant, club, or the proposed location for the
30 construction of a hotel, restaurant or club, at the time the
20010H1519B3264 - 7 -
1 application is made, and shall show any alterations proposed to
2 be made thereto, or the new building proposed to be constructed
3 after the approval by the board of the application for a license
4 or for the transfer of an existing license to another premises
5 not then licensed or to another person. No physical alterations,
6 improvements or changes shall be required to be made to any
7 hotel, restaurant or club, nor shall any new building for any
8 such purpose, be required to be constructed until approval of
9 the application for license or for the transfer of an existing
10 license to another premises not then licensed or to another
11 person by the board. After approval of the application, the
12 licensee shall make the physical alterations, improvements and
13 changes to the licensed premises, or shall construct the new
14 building in the manner specified by the board at the time of
15 approval, and the licensee shall not transact any business under
16 the license until the board has approved the completed physical
17 alterations, improvements and changes to the licensed premises,
18 or the completed construction of the new building as conforming
19 to the specifications required by the board at the time of
20 issuance or transfer of the license, and is satisfied that the
21 establishment is a restaurant, hotel or club as defined by this
22 act. The board may require that all such alterations or
23 construction or conformity to definition be completed within six
24 months from the time of issuance or transfer of the license.
25 Failure to comply with these requirements shall be considered
26 cause for revocation of the license. No such license shall be
27 transferable between the time of issuance or transfer of the
28 license and the approval of the completed alterations or
29 construction by the board and full compliance by the licensee
30 with the requirements of this act, except in the case of death
20010H1519B3264 - 8 -
1 of the licensee prior to full compliance with all of the
2 aforementioned requirements, unless full compliance is
3 impossible for reasons beyond the licensee's control, in which
4 event, the license may be transferred by the board as provided
5 in this act.
6 * * *
7 Section 5. Section 408.4(a) of the act, amended November 10,
8 1999 (P.L.514, No.47), is amended to read:
9 Section 408.4. Special Occasion Permits.--(a) Upon
10 application of any hospital, church, synagogue, volunteer fire
11 company, volunteer ambulance company, volunteer rescue squad,
12 nonprofit organization as defined under section 501(c)(3) of the
13 Internal Revenue code of 1986 (Public Law 99-514, 26 U.S.C. §
14 501(c)(3)) whose purpose is to protect the architectural
15 heritage of boroughs, and which has been recognized as such by a
16 municipal resolution, unit of a nationally chartered club which
17 has been issued a club liquor license, nonprofit agricultural
18 association in existence for at least ten years, bona fide
19 sportsmen's club in existence for at least ten years, nationally
20 chartered veterans' organization and any affiliated lodge or
21 subdivision of such organization, fraternal benefit society that
22 is licensed to do business in this Commonwealth and any
23 affiliated lodge or subdivision of such fraternal benefit
24 society, or one auxiliary of any of the foregoing, and upon
25 payment of the prescribed fee for special occasion permits under
26 section 614-A of the act of April 9, 1929 (P.L.177, No.175),
27 known as "The Administrative Code of 1929," the board shall
28 issue a special occasion permit good for a period of not more
29 than six consecutive or nonconsecutive days during a calendar
30 year. Special occasion permits may also be issued to a museum
20010H1519B3264 - 9 -
1 operated by a nonprofit corporation in a city of the third class
2 or township of the first class or a nonprofit corporation
3 engaged in the performing arts in a city of the third class or
4 in an incorporated town or to an arts council or to a nonprofit
5 corporation that operates an arts facility or museum in a city
6 of the third class in a county of the fourth class for a period
7 of not more than six nonconsecutive or ten consecutive days at
8 the prescribed fee for special occasion permits under section
9 614-A of "The Administrative Code of 1929."
10 * * *
11 Section 6. Sections 412(b), (d), (e) and (f) and 413(d), (e)
12 and (g) of the act, added December 20, 2000 (P.L.992, No.141),
13 are amended to read:
14 Section 412. Public Venue License.--* * *
15 (b) An application for a restaurant liquor license under
16 this section may be made by the owner of the public venue, [a
17 nonprofit corporation operating] the operator of the public
18 venue or by a concessionaire designated by the governing body of
19 either the owner of the public venue or the [nonprofit
20 corporation] operator. The application and issuance of the
21 license is subject to sections 403 and 404 unless otherwise
22 stated. The licensing period shall be as set forth by the board
23 under section 402. The application, renewal and filing fees
24 shall be as prescribed in section 614-A(25) of the act of April
25 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
26 1929." [For the purposes of this section, a nonprofit
27 corporation is an entity incorporated under the nonprofit
28 corporation laws for the purpose of benefiting the public and
29 not for the purpose of benefiting its members.]
30 * * *
20010H1519B3264 - 10 -
1 (d) Licenses under this section shall expire upon: (1)
2 revocation by an administrative law judge under section 471; (2)
3 nonrenewal by the board under section 470; (3) nonrenewal of the
4 license by the license holder; (4) termination of the contract
5 between the owner of the public venue and its concessionaire; or
6 (5) termination of the contract between [a nonprofit
7 corporation] an operator and its concessionaire.
8 * * *
9 (e) The board may issue a license under this section at any
10 time to a new applicant even if the previous license had: (1)
11 been revoked by an administrative law judge under section 471;
12 (2) not been renewed by the board under section 470; (3) not
13 been renewed by the license holder; (4) expired because of the
14 termination of the contract between the owner of the public
15 venue and its concessionaire; or (5) expired because of the
16 termination of the contract between [the nonprofit corporation]
17 an operator and its concessionaire.
18 (f) Licenses issued under this section are to be considered
19 restaurant liquor licenses. However, the following additional
20 restrictions and privileges apply:
21 (1) Sales may only be made one hour before, during and one
22 hour after any athletic performance, performing arts event,
23 trade show, convention, banquet or any other performance at the
24 facility; however, sales may not be made from two o'clock
25 antemeridian to seven o'clock antemeridian. In addition, sales
26 may not occur prior to eleven o'clock antemeridian on Sundays or
27 seven o'clock antemeridian on Mondays. Notwithstanding this
28 section, facilities that had been licensed under former sections
29 408.9 and 408.14 may sell liquor and/or malt or brewed beverages
30 anytime except from two o'clock antemeridian to seven o'clock
20010H1519B3264 - 11 -
1 antemeridian or prior to eleven o'clock antemeridian on Sundays
2 or seven o'clock antemeridian on Mondays, regardless of whether
3 there is a performance at the facility.
4 (2) Sales of alcoholic beverages before, during and after
5 all professional and amateur athletic events on the premises
6 shall be limited to sales of malt or brewed beverages in
7 shatterproof containers. Sales of alcoholic beverages before,
8 during and after performing arts events or other entertainment
9 events may consist of liquor or malt or brewed beverages in
10 shatterproof containers. Sales during trade shows, conventions,
11 banquets or at other events, or sales made in the club seats or
12 at a restaurant facility, may consist of liquor or malt or
13 brewed beverages in any type of container; however, any liquor
14 or malt or brewed beverages sold in the club seats or restaurant
15 facility must remain in the club seating level or restaurant
16 facility. For purposes of this section, a club seat is any
17 seating located on the designated club seating level and
18 partitioned from general seating by a wall, divider, partial
19 wall or railing. The club seating level must not be accessible
20 by the general public. The board's records shall clearly
21 delineate where the sale of liquor or malt or brewed beverages
22 in any type of container may occur.
23 (3) Sales of malt or brewed beverages for off-premises
24 consumption are prohibited.
25 (4) Licenses issued under this section shall not be subject
26 to: (i) the proximity provisions of sections 402 and 404; (ii)
27 the quota restrictions of section 461; [(iii) the provisions of
28 section 463;] (iv) the provisions of section 493(10) except as
29 they relate to lewd, immoral or improper entertainment; and (v)
30 the prohibition against minors frequenting as described in
20010H1519B3264 - 12 -
1 section 493(14). In addition, licenses issued under this section
2 shall not be subject to the provisions defining "restaurant" in
3 section 102.
4 Section 413. Performing Arts Facility License.--* * *
5 (d) Licenses under this section shall expire upon: (1)
6 revocation by an administrative law judge under section 471; (2)
7 nonrenewal by the board under section 470; (3) nonrenewal of the
8 license by the license holder; or (4) termination of the
9 contract between the [owner] operator of the [public venue]
10 performing arts facilities and its concessionaire[; or (5)
11 termination of the contract between a corporation and its
12 concessionaire].
13 (e) The board may issue a license under this section at any
14 time to a new applicant even if the previous license had: (1)
15 been revoked by an administrative law judge under section 471;
16 (2) not been renewed by the board under section 470; (3) not
17 been renewed by the license holder; or (4) expired because of
18 the termination of the contract between the [owner] operator of
19 the [public venue] performing arts facilities and its
20 concessionaire[; or (5) expired because of the termination of
21 the contract between the corporation and its concessionaire].
22 * * *
23 (g) Licenses issued under this section shall not be subject
24 to: (1) the proximity provisions of sections 402 and 404; (2)
25 the quota restrictions of section 461; [(3) the provisions of
26 section 463;] (4) the provisions of section 493(10) except as
27 they relate to lewd, immoral or improper entertainment; and (5)
28 the prohibitions against minors frequenting as described in
29 section 493(14). In addition, licenses issued under this section
30 shall not be subject to the provisions defining "restaurant" in
20010H1519B3264 - 13 -
1 section 102.
2 * * *
3 Section 7. The act is amended by adding a section SECTIONS <--
4 to read:
5 SECTION 414. CONTINUING CARE RETIREMENT COMMUNITY RETAIL <--
6 LICENSES.--(A) THE BOARD IS AUTHORIZED TO ISSUE A RESTAURANT
7 LIQUOR LICENSE TO A CONTINUING CARE RETIREMENT COMMUNITY AS THAT
8 TERM IS DEFINED IN THIS ACT, OR ITS DESIGNATED CONCESSIONAIRE.
9 THE LICENSING PERIOD SHALL BE ESTABLISHED UNDER SECTION 402. THE
10 APPLICATION AND ISSUANCE OF THE LICENSE IS SUBJECT TO SECTIONS
11 403 AND 404 UNLESS OTHERWISE STATED. THE APPLICATION, RENEWAL,
12 AND FILING FEE, SHALL BE AS PRESCRIBED IN SECTION 614-A(1) OF
13 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
14 ADMINISTRATIVE CODE OF 1929."
15 (B) LICENSES ISSUED UNDER THIS SECTION ARE RESTAURANT LIQUOR
16 LICENSES FOR ALL PURPOSES EXCEPT AS PROVIDED HEREIN. HOWEVER,
17 THE FOLLOWING ADDITIONAL RESTRICTIONS AND PRIVILEGES APPLY:
18 (1) LICENSES ISSUED UNDER THIS SECTION ARE NOT SUBJECT TO
19 THE QUOTA RESTRICTIONS OF SECTION 461.
20 (2) SALES OF LIQUOR AND MALT OR BREWED BEVERAGES MAY NOT
21 OCCUR FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN O'CLOCK
22 ANTEMERIDIAN. IN ADDITION, SALES MAY NOT OCCUR PRIOR TO ONE
23 O'CLOCK POSTMERIDIAN OR AFTER TEN O'CLOCK POSTMERIDIAN ON
24 SUNDAY.
25 (3) LIQUOR AND MALT OR BREWED BEVERAGES SOLD OR FURNISHED BY
26 THE LICENSEE MAY BE POSSESSED ANYWHERE WITHIN THE CONTINUING
27 CARE RETIREMENT COMMUNITY REGARDLESS OF WHETHER THAT PORTION OF
28 THE PREMISES IS LICENSED. HOWEVER, NO LIQUOR OR MALT OR BREWED
29 BEVERAGES SOLD OR FURNISHED BY THE LICENSEE MAY BE TAKEN BEYOND
30 THE CONFINES OF THE CONTINUING CARE RETIREMENT COMMUNITY.
20010H1519B3264 - 14 -
1 (4) SALES OF LIQUOR OR MALT OR BREWED BEVERAGES MAY OCCUR IN
2 THOSE PORTIONS OF THE PREMISES LICENSED BY THE BOARD AS WELL AS
3 IN ROOMS THAT ARE LIVED IN OR USED BY RESIDENTS OF THE
4 CONTINUING CARE RETIREMENT COMMUNITY. SALES OF LIQUOR AND MALT
5 OR BREWED BEVERAGES ARE LIMITED TO RESIDENTS OF THE CONTINUING
6 CARE RETIREMENT COMMUNITY, EMPLOYES OF THE CONTINUING CARE <--
7 RETIREMENT COMMUNITY AND THE GUESTS OF RESIDENTS AND EMPLOYES IN <--
8 CONJUNCTION WITH THE NORMAL, REGULARLY SCHEDULED DINING,
9 ENTERTAINMENT OR SOCIAL ACTIVITIES OF THE CONTINUING CARE
10 RETIREMENT COMMUNITY.
11 (5) LICENSES ISSUED UNDER THIS SECTION ARE NOT SUBJECT TO
12 THE PROVISIONS DEFINING "RESTAURANT" IN SECTION 102.
13 (C) LICENSES ISSUED UNDER THIS SECTION ARE NONTRANSFERABLE
14 AND IF ISSUED TO A CONCESSIONAIRE SHALL EXPIRE UPON THE
15 TERMINATION OF THE CONTRACT BETWEEN THE CONTINUING CARE
16 RETIREMENT COMMUNITY AND THE CONCESSIONAIRE.
17 (D) THE BOARD MAY ISSUE AN EATING PLACE RETAIL DISPENSER
18 LICENSE TO A CONTINUING CARE RETIREMENT COMMUNITY LOCATED IN A
19 MUNICIPALITY THAT HAS VOTED TO ALLOW THE ISSUANCE OF EATING
20 PLACE RETAIL DISPENSER LICENSES BUT HAS NOT VOTED TO ALLOW THE
21 ISSUANCE OF RESTAURANT LIQUOR LICENSES. EATING PLACE RETAIL <--
22 DISPENSER LICENSES ISSUED UNDER THIS SUBSECTION SHALL BE SUBJECT
23 TO THE RESTRICTIONS AND PRIVILEGES CONTAINED IN SUBSECTIONS (B)
24 AND (C).
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 INTRODUCTORY PARAGRAPH AND (b) of the <--
29 act, amended April 29, 1994 (P.L.212, No.30), is ARE amended to <--
30 read:
20010H1519B3264 - 16 -
1 Section 436. Application for Distributors', Importing
2 Distributors' and Retail Dispensers' Licenses.--Application for
3 distributors', importing distributors' and retail dispensers'
4 licenses, or for the transfer of an existing license to another
5 premises not then licensed, OR TO ANOTHER PERSON, shall contain <--
6 or have attached thereto the following information and
7 statements:
8 * * *
9 (b) The particular place for which the license is desired
10 and a detailed description thereof. The description, information
11 and plans referred to in this subsection shall show the premises
12 or the proposed location for the construction of the premises at
13 the time the application is made, and shall show any alterations
14 proposed to be made thereto, or the new building proposed to be
15 constructed after the approval by the board of the application
16 for a license, or for the transfer of an existing license to
17 another premises not then licensed or to another person. No
18 physical alterations, improvements or changes shall be required
19 to be made to any hotel, eating place or club, nor shall any new
20 building for any such purpose be required to be constructed
21 until approval of the application for license or for the
22 transfer of an existing license to another premises not then
23 licensed or to another person by the board. After approval of
24 the application, the licensee shall make the physical
25 alterations, improvements and changes to the licensed premises,
26 or shall construct the new building in the manner specified by
27 the board at the time of approval. The licensee shall not
28 transact any business under the license until the board has
29 approved the completed physical alterations, improvements and
30 changes of the licensed premises or the completed construction
20010H1519B3264 - 17 -
1 of the new building as conforming to the specifications required
2 by the board at the time of issuance or transfer of the license
3 and is satisfied that the premises meet the requirements for a
4 distributor's or importing distributor's license as set forth in
5 this act or that the establishment is an eating place, hotel or
6 club as defined by this act. The board may require that all such
7 alterations or construction or conformity to definition be
8 completed within six months from the time of issuance or
9 transfer of the license. Failure to comply with these
10 requirements shall be considered cause for revocation of the
11 license. No such license shall be transferable between the time
12 of issuance or transfer of the license and the approval of the
13 completed alterations or construction by the board and full
14 compliance by the licensee with the requirements of this act,
15 except in the case of death of the licensee prior to full
16 compliance with all of the aforementioned requirements, unless
17 full compliance is impossible for reasons beyond the licensee's
18 control, in which event the license may be transferred by the
19 board as provided in this act.
20 Section 9. Section 461(a), (b.1), (b.2), (b.3) and (e.1),
21 amended or added December 20, 2000 (P.L.992, No.141), are
22 amended to read:
23 Section 461. Limiting Number of Retail Licenses To Be Issued
24 In Each County.--(a) No additional restaurant, eating place
25 retail dispenser or club licenses shall be issued within a
26 county if the total number of restaurant and eating place retail
27 dispenser licenses is greater than one license for each three
28 thousand inhabitants in the county, except the board may issue
29 licenses to public venues, performing arts facilities,
30 CONTINUING CARE RETIREMENT COMMUNITIES, airport restaurants, <--
20010H1519B3264 - 18 -
1 municipal golf courses, hotels, privately-owned private golf
2 courses, privately-owned public golf courses, racetracks,
3 automobile racetracks, nonprimary pari-mutuel wagering locations
4 and to any other entity which this act specifically exempts from
5 the limitations provided in this section, and the board may
6 issue a license to a club situated in a borough having a
7 population less than eight thousand inhabitants which is located
8 in a county of the second class A whose application is filed on
9 or before February 28, 2001. In addition, the board may issue an
10 eating place retail dispenser license for on-premises sales only
11 to the owner or operator of a facility having a minimum of a
12 one-half mile asphalt track and having a permanent seating
13 capacity of at least six thousand people used principally for
14 holding automobile races, regardless of the number of restaurant
15 and eating place retail dispenser licenses already issued in
16 that county. When determining the number of restaurant and
17 eating place retail dispenser licenses issued in a county for
18 the purposes of this section, licenses exempted from this
19 limitation and club licenses shall not be considered.
20 Inhabitants of dry municipalities shall be considered when
21 determining the population in a county. Licenses shall not be
22 issued or transferred into municipalities where such licenses
23 are prohibited pursuant to local referendum in accordance with
24 section 472. Licenses approved for intermunicipal transfer may
25 not be transferred from the receiving municipality for a period
26 of five years after the date that the licensed premises are
27 operational in the receiving municipality.
28 (b.1) The board may issue restaurant and eating place retail
29 dispenser licenses and renew licenses issued under this
30 subsection without regard to the quota restrictions set forth in
20010H1519B3264 - 19 -
1 subsection (a) for the purpose of economic development in a
2 municipality under the following conditions:
3 (1) A license may only be issued under this subsection if
4 the applicant has exhausted reasonable means for obtaining a
5 suitable license within the county.
6 (2) The proposed licensed premises must be located within
7 either of the following:
8 (i) A keystone opportunity zone established under the
9 authority of the act of October 6, 1998 (P.L.705, No.92), known
10 as the ["Pennsylvania Keystone Opportunity Zone Act,"] "Keystone
11 Opportunity Zone and Keystone Opportunity Expansion Zone Act,"
12 or an area designated as an enterprise zone by the Department of
13 Community and Economic Development.
14 (ii) A municipality in which the issuance of a restaurant or
15 eating place retail dispenser license has been approved by the
16 governing body of the municipality for the purpose of local
17 economic development. Upon request for approval of an economic
18 development license by an applicant, at least one public hearing
19 shall be held by the municipal governing body for the purpose of
20 receiving comments and recommendations of interested individuals
21 residing within the municipality concerning the applicant's
22 intent to acquire an economic development license from the
23 Pennsylvania Liquor Control Board. The governing body shall,
24 within forty-five days of a request for approval, render a
25 decision by ordinance or resolution to approve or disapprove the
26 applicant's request for an economic development license. [The
27 municipality must approve the request unless it finds that doing
28 so] If the municipality finds that the issuance of the license
29 would promote economic development it may approve the request;
30 however, it must refuse the request if it finds that approval of
20010H1519B3264 - 20 -
1 the request would adversely affect the welfare, health, peace
2 and morals of the municipality or its residents. A decision by
3 the governing body of the municipality to deny the request may
4 be appealed to the court of common pleas in the county in which
5 the municipality is located. A copy of the approval must be
6 submitted with the license application.
7 (3) The board may issue no more than two licenses total in
8 each county of the first through fourth class and no more than
9 one license total in each county of the fifth through eighth
10 class per calendar year.
11 (4) An applicant under this subsection shall be required to
12 sell food and nonalcoholic beverages equal to seventy per centum
13 (70%) or more of its combined gross sales of food and alcoholic
14 beverages.
15 (5) In addition to renewal and license fees provided under
16 existing law for the type of license issued, an applicant shall
17 be required to pay an initial application surcharge as follows:
18 (i) Fifty thousand dollars ($50,000) if the licensed
19 premises is located in a county of the first through fourth
20 class.
21 (ii) Twenty-five thousand dollars ($25,000) if the licensed
22 premises is located in a county of the fifth through eighth
23 class.
24 (iii) The initial application surcharge minus a seven
25 hundred dollar ($700) processing fee shall be refunded to the
26 applicant if the board refuses to issue a provisional license
27 under subsection (b.2). Otherwise, the initial application
28 surcharge minus a seven hundred dollar ($700) processing fee
29 shall be credited to The State Stores Fund. The processing fee
30 shall be treated as an application filing fee as prescribed in
20010H1519B3264 - 21 -
1 section 614(A)(1)(i) of the act of April 9, 1929 (P.L.177,
2 No.175), known as "The Administrative Code of 1929."
3 (6) A license issued under this subsection and a provisional
4 license issued under subsection (b.2) shall be nontransferable
5 with regard to ownership or location.
6 (7) An appeal of the board's decision refusing to grant or
7 renew a license under this subsection shall not act as a
8 supersedeas of the decision of the board if the decision is
9 based, in whole or in part, on the licensee's failure to
10 demonstrate that its food and nonalcoholic beverages were at
11 least seventy per centum (70%) of its combined gross sales of
12 food and alcoholic beverages.
13 (8) A license issued under this subsection may not be
14 validated or renewed unless the licensee can establish that its
15 sale of food and nonalcoholic beverages during the license year
16 immediately preceding application for validation or renewal is
17 equal to seventy per centum (70%) or more of its food and
18 alcoholic beverage sales.
19 (b.2) Qualified applicants under subsection [(b)] (b.1)
20 shall receive a provisional license for one hundred twenty days,
21 exclusive of periods of safekeeping. After ninety days from the
22 date of issuance, the licensee may file an application for a
23 permanent license. A license shall be issued if the licensee
24 establishes that for ninety consecutive days from the date of
25 initial issue its sales of food and nonalcoholic beverages is
26 equal to at least seventy per centum (70%) of its combined gross
27 sales of food and alcoholic beverages. Licensees shall not be
28 subject to citation by the Enforcement Bureau for a violation of
29 the requirement that food and nonalcoholic beverages equal at
30 least seventy per centum (70%) of the combined gross sales of
20010H1519B3264 - 22 -
1 food and alcoholic beverages during the provisional licensing
2 period.
3 (b.3) An intermunicipal transfer of a license or issuance of
4 a license for economic development under subsection (b.1)(2)(i)
5 must first be approved by the governing body of the receiving
6 municipality when the total number of existing restaurant liquor
7 licenses and eating place retail dispenser licenses in the
8 receiving municipality exceed one license per three thousand
9 inhabitants. Upon request for approval of an intermunicipal
10 transfer of a license or issuance of an economic development
11 license by an applicant, at least one public hearing shall be
12 held by the municipal governing body for the purpose of
13 receiving comments and recommendations of interested individuals
14 residing within the municipality concerning the applicant's
15 intent to transfer a license into the municipality or acquire an
16 economic development license from the Pennsylvania Liquor
17 Control Board. The governing body shall, within forty-five days
18 of a request for approval, render a decision by ordinance or
19 resolution to approve or disapprove the applicant's request for
20 an intermunicipal transfer of a license or issuance of an
21 economic development license. The municipality must approve the
22 request unless it finds that doing so would adversely affect the
23 welfare, health, peace and morals of the municipality or its
24 residents. A decision by the governing body of the municipality
25 to deny the request may be appealed to the court of common pleas
26 in the county in which the municipality is located. A copy of
27 the approval must be submitted with the license application.
28 * * *
29 (e.1) "Privately-owned public golf course" as used in this
30 section shall mean the restaurant facilities at any privately-
20010H1519B3264 - 23 -
1 owned golf course open for public accommodation. The license may
2 be issued to the operator of the privately-owned public golf
3 course. The license holder may designate a concessionaire to
4 provide food, alcoholic beverage and non-alcoholic beverage
5 service at the restaurant facility.
6 * * *
7 Section 10. Section 463 of the act, amended May 31, 1990
8 (P.L.224, No.48) and December 20, 2000 (P.L.992, No.141), is
9 amended to read:
10 [Section 463. Places of Amusement Not To Be Licensed;
11 Penalty.--(a) No license for the sale of liquor or malt or
12 brewed beverages in any quantity shall be granted to the
13 proprietors, lessees, keepers or managers of any theater,
14 circus, museum or other place of amusement, nor shall any house
15 be licensed for the sale of liquor or malt or brewed beverages
16 which has passage or communication to or with any theater,
17 circus, museum or other place of amusement, and any license
18 granted contrary to this act shall be null and void. Nothing
19 contained in this section shall be construed as denying to the
20 board the right to grant a restaurant liquor license regardless
21 of quota restrictions to the owner or operator of:
22 (1) a racetrack as defined in section 102 of this act;
23 (2) a nonprimary pari-mutuel wagering location as defined in
24 section 102 of this act; or
25 (3) a restaurant in a building on a plot of ground owned or
26 possessed under lease by a corporation incorporated under the
27 laws of this Commonwealth and used principally by such
28 corporation for holding outdoor sport events wherein such events
29 are held under a license issued as provided by law to such
30 corporation by a department, board or commission of the
20010H1519B3264 - 24 -
1 Commonwealth of Pennsylvania.
2 The restaurant liquor license aforementioned shall be subject to
3 all the conditions and restrictions herein applicable to
4 restaurant liquor licenses, except the above prohibition against
5 any passageway or communication between such licensed premises
6 and the place of amusement, and except that nothing contained in
7 this act shall be construed to prohibit the licensed nonprimary
8 pari-mutuel wagering location or the racetrack from providing
9 wagering within the entire licensed premises of the nonprimary
10 pari-mutuel wagering location or the racetrack, and a restaurant
11 liquor license issued for a nonprimary pari-mutuel wagering
12 location or a restaurant liquor license issued for a racetrack
13 issued subsequent to the enactment of this amendment shall not
14 be transferable.
15 Nothing contained in this act shall be construed as denying
16 to the board the right to grant a new restaurant liquor license,
17 regardless of quota restrictions, at any time, to the owner or
18 operator of a restaurant in a building or plot of ground having
19 a seating capacity in excess of twenty-five thousand, used
20 principally for holding automobile races.
21 (a.1) Nothing contained in subsection (a) of this section or
22 in section 102 of this act shall be construed as denying to the
23 board the right to grant a club or restaurant liquor or malt and
24 brewed beverage license to a club incorporated in this
25 Commonwealth which has been in existence less than one year
26 prior to making application under this section or to a
27 restaurant either of which has a clubhouse or restaurant located
28 in a stadium or arena having an available seating capacity of
29 twelve thousand or more and owned and operated by or pursuant to
30 an agreement with any city of the first class or created and
20010H1519B3264 - 25 -
1 operated under and in compliance with the act of July 29, 1953
2 (P.L.1034), known as the "Public Auditorium Authorities Law,"
3 and used principally for events at which athletes compete or
4 other types of performers entertain. The club or restaurant
5 liquor or malt and brewed beverage license aforementioned shall
6 be subject to all the conditions and restrictions applicable to
7 such licenses and licenses for places of amusement, except the
8 above prohibition against any passageway or communication
9 between such licensed premises and the place of amusement.
10 (a.2) Nothing contained in this act shall be construed to
11 prevent the holder of a hotel, restaurant liquor or malt and
12 brewed beverage license from selling liquor and malt or brewed
13 beverages in a bowling alley, or other recreational areas
14 including, but no limited to, game rooms and video arcade areas
15 of hotels, when no minors are present, unless minors who are
16 present are under proper supervision as defined in section 493,
17 where the restaurant, bowling alley, or other recreational areas
18 including, but not limited to, game rooms and video arcade areas
19 of hotels are immediately adjacent and under the same roof. The
20 restaurant liquor or malt and brewed beverage licensee
21 aforementioned shall be subject to all the conditions and
22 restrictions applicable to such restaurant licenses except the
23 above prohibition against any passageway or communication
24 between a licensed premise and a place of amusement.
25 (a.3) Nothing contained in subsection (a) or in section 102
26 shall be construed as denying to the board the right to grant a
27 new retail dispenser license for on-premises sales only,
28 regardless of quota restrictions, to the owner or operator of a
29 facility having a minimum of a one-half mile asphalt track and
30 having a permanent seating capacity of at least six thousand
20010H1519B3264 - 26 -
1 used principally for holding automobile races.
2 (b) Any proprietor, lessee, keeper or manager of any
3 theater, circus, museum or other place of amusement, or any
4 other person who shall violate the provisions of this section,
5 shall be guilty of a misdemeanor and, upon conviction thereof,
6 shall be sentenced to pay a fine of one hundred dollars and to
7 undergo an imprisonment of not less than thirty days.
8 (c) This section is not applicable to public venues or
9 performing arts facilities licensed under sections 412 and 413.]
10 Section 11. Section 468(a) of the act is amended by adding a
11 clause to read:
12 Section 468. Licenses Not Assignable; Transfers.--(a) * * *
13 (4) In the event the license to be transferred has been
14 ordered to serve a suspension under section 471, and has not
15 served the suspension at the time the board considers the
16 application and all appeals regarding the suspension have been
17 exhausted, the board may require the transferee to serve the
18 suspension as a condition for approval of the transfer. Further,
19 the board may convert the outstanding suspension into a fine and
20 require the transferee to pay the fine as a condition for
21 approval of the transfer. If the board converts the outstanding
22 suspension to a fine, the fine need not comply with the minimum
23 and maximum amounts set forth in section 471 for the underlying
24 citation.
25 * * *
26 Section 12. Section 471(b) and (c) of the act, amended
27 December 20, 2000 (P.L.992, No.141), are amended to read:
28 Section 471. Revocation and Suspension of Licenses; Fines.--
29 * * *
30 (b) Hearing on such citations shall be held in the same
20010H1519B3264 - 27 -
1 manner as provided herein for hearings on applications for
2 license. Upon such hearing, if satisfied that any such violation
3 has occurred or for other sufficient cause, the administrative
4 law judge shall immediately suspend or revoke the license, or
5 impose a fine of not less than fifty dollars ($50) nor more than
6 one thousand dollars ($1,000), or both, notifying the licensee
7 by registered letter addressed to his licensed premises. If the
8 licensee has been cited and found to have violated section
9 493(1) insofar as it relates to sales to minors or sales to a
10 visibly intoxicated person, section 493(10) insofar as it
11 relates to lewd, immoral or improper entertainment or section
12 493(14), (16) or (21), or has been found to be a public nuisance
13 pursuant to section 611, or if the owner or operator of the
14 licensed premises or any authorized agent of the owner or
15 operator has been convicted of any violation of the act of April
16 14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
17 Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 5902
18 (relating to prostitution and related offenses) or 6301
19 (relating to corruption of minors), at or relating to the
20 licensed premises, the administrative law judge shall
21 immediately suspend or revoke the license, or impose a fine of
22 not less than one thousand dollars ($1,000) nor more than five
23 thousand dollars ($5,000), or both. However, if a licensee has
24 been cited and found to have violated section 493(1) as it
25 relates to sales to minors or sales to a visibly intoxicated
26 person but at the time of the sale the licensee was in
27 compliance with the requirements set forth in section 471.1 and
28 the licensee had not sold to minors or visibly intoxicated
29 persons in the previous four years, then the administrative law
30 judge shall immediately suspend or revoke the license, or impose
20010H1519B3264 - 28 -
1 a fine of not less than fifty dollars ($50) nor more than one
2 thousand dollars ($1,000), or both. The administrative law judge
3 shall notify the licensee by registered mail, addressed to the
4 licensed premises, of such suspension, revocation or fine. In
5 the event the fine is not paid within twenty days of the
6 adjudication, the administrative law judge shall suspend or
7 revoke the license, notifying the licensee by registered mail
8 addressed to the licensed premises. Suspensions and revocations
9 shall not go into effect until thirty days have elapsed from the
10 date of the adjudication during which time the licensee may take
11 an appeal as provided for in this act. Any licensee whose
12 license is revoked shall be ineligible to have a license under
13 this act until the expiration of three years from the date such
14 license was revoked. In the event a license is revoked, no
15 license shall be granted for the premises or transferred to the
16 premises in which the said license was conducted for a period of
17 at least one year after the date of the revocation of the
18 license conducted in the said premises, except in cases where
19 the licensee or a member of his immediate family is not the
20 owner of the premises, in which case the board may, in its
21 discretion, issue or transfer a license within the said year. In
22 the event the bureau or the person who was fined or whose
23 license was suspended or revoked shall feel aggrieved by the
24 adjudication of the administrative law judge, there shall be a
25 right to appeal to the board. The appeal shall be based solely
26 on the record before the administrative law judge. [The board
27 shall affirm the decision of the administrative law judge if it
28 is based on substantial evidence; otherwise, the board shall
29 reverse the decision of the administrative law judge.] The board
30 shall only reverse the decision of the administrative law judge
20010H1519B3264 - 29 -
1 if the administrative law judge committed an error of law,
2 abused its discretion or if its decision is not based on
3 substantial evidence. In the event the bureau or the person who
4 was fined or whose license was suspended or revoked shall feel
5 aggrieved by the decision of the board, there shall be a right
6 to appeal to the court of common pleas in the same manner as
7 herein provided for appeals from refusals to grant licenses.
8 Each of the appeals shall act as a supersedeas unless, upon
9 sufficient cause shown, the reviewing authority shall determine
10 otherwise; however, if the licensee has been cited and found to
11 have violated section 493(1) insofar as it relates to sales to
12 minors or sales to a visibly intoxicated person, section 493(10)
13 insofar as it relates to lewd, immoral or improper entertainment
14 or section 493(14), (16) or (21), or has been found to be a
15 public nuisance pursuant to section 611, or if the owner or
16 operator of the licensed premises or any authorized agent of the
17 owner or operator has been convicted of any violation of "The
18 Controlled Substance, Drug, Device and Cosmetic Act," or of 18
19 Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
20 its appeal shall not act as a supersedeas unless the reviewing
21 authority determines otherwise upon sufficient cause shown. In
22 any hearing on an application for a supersedeas under this
23 section, the reviewing authority may consider, in addition to
24 other relevant evidence, documentary evidence, including records
25 of the bureau, showing the prior history of citations, fines,
26 suspensions or revocations against the licensee; and the
27 reviewing authority may also consider, in addition to other
28 relevant evidence, evidence of any recurrence of the unlawful
29 activity occurring between the date of the citation which is the
30 subject of the appeal and the date of the hearing. No penalty
20010H1519B3264 - 30 -
1 provided by this section shall be imposed for any violations
2 provided for in this act unless the bureau notifies the licensee
3 of its nature within thirty days of the completion of the
4 investigation.
5 (c) The administrative law judge may consider the licensee's
6 prior citation history when imposing a penalty. If the violation
7 in question is a third or subsequent violation of this act or
8 Title 18 of the Pennsylvania Consolidated Statutes (relating to
9 crimes and offenses), occurring within a period of four years,
10 the administrative law judge shall impose a suspension or
11 revocation.
12 * * *
13 Section 13. Section 472(a) of the act, amended December 20,
14 2000 (P.L.992, No.141), is amended and the section is amended by
15 adding subsections to read:
16 Section 472. Local Option.--(a) In any municipality or any
17 part of a municipality where such municipality is split so that
18 each part thereof is separated by another municipality, an
19 election may be held, subject to subsection (c), on the date of
20 the primary election immediately preceding any municipal
21 election, but not oftener than once in four years, to determine
22 the will of the electors with respect to the granting of liquor
23 licenses to hotels, restaurants, resort facilities and clubs,
24 not oftener than once in four years, to determine the will of
25 the electors with respect to the granting of liquor licenses to
26 public venues, to performing arts facilities, TO CONTINUING CARE <--
27 RETIREMENT COMMUNITIES, to hotels located on property owned by
28 an accredited college or university, to privately-owned private
29 golf courses or to privately-owned public golf courses, not
30 oftener than once in four years, to determine the will of the
20010H1519B3264 - 31 -
1 electors with respect to the granting of licenses to retail
2 dispensers of malt and brewed beverages, not oftener than once
3 in four years, to determine the will of the electors with
4 respect to granting of licenses to wholesale distributors and
5 importing distributors, not more than once in two years, to
6 determine the will of the electors with respect to the granting
7 of club liquor licenses or club retail dispenser licenses to
8 incorporated units of national veterans' organizations, not
9 oftener than once in two years to determine the will of the
10 electors with respect to the granting of special occasion
11 permits to qualified organizations, or not more than once in
12 four years, to determine the will of the electors with respect
13 to the establishment, operation and maintenance by the board of
14 Pennsylvania liquor stores, within the limits of such
15 municipality or part of a split municipality, under the
16 provisions of this act: Provided, however, Where an election
17 shall have been held at the primary preceding a municipal
18 election in any year, another election may be held under the
19 provisions of this act at the primary occurring the fourth year
20 after such prior election: And provided further, That an
21 election on the question of establishing and operating a State
22 liquor store shall be initiated only in those municipalities, or
23 that part of a split municipality that shall have voted against
24 the granting of liquor licenses; and that an election on the
25 question of granting wholesale distributor and importing
26 distributor licenses shall be initiated only in those
27 municipalities or parts of split municipalities that shall have
28 at a previous election voted against the granting of dispenser's
29 licenses. Whenever electors equal to at least twenty-five per
30 centum of the highest vote cast for any office in the
20010H1519B3264 - 32 -
1 municipality or part of a split municipality at the last
2 preceding general election shall file a petition with the county
3 board of elections of the county for a referendum on the
4 question of granting any of said classes of licenses or the
5 establishment of Pennsylvania liquor stores, the said county
6 board of elections shall cause a question to be placed on the
7 ballots or on the voting machine board and submitted at the
8 primary immediately preceding the municipal election. Separate
9 petitions must be filed for each question to be voted on. Said
10 proceedings shall be in the manner and subject to the provisions
11 of the election laws which relate to the signing, filing and
12 adjudication of nomination petitions, insofar as such provisions
13 are applicable.
14 When the question is in respect to the granting of liquor
15 licenses, it shall be in the following form:
16 Do you favor the granting of liquor licenses
17 for the sale of liquor in.......................... Yes
18 of................................................? No
19 When the question is in respect to the granting of liquor
20 licenses to resort facilities in those municipalities that do
21 not already allow the retail sale of liquor, it shall be in the
22 following form:
23 Do you favor the granting of liquor licenses to resort
24 facilities for the sale of liquor in the.......... Yes
25 of...............................................? No
26 When the question is in respect to the granting of restaurant
27 liquor licenses for use at public venues in those municipalities
28 that do not already allow the retail sale of liquor, it shall be
29 in the following form:
30 Do you favor the granting of liquor licenses to public
20010H1519B3264 - 33 -
1 venues for the sale of liquor in the............. Yes
2 of..............................................? No
3 When the question is in respect to the granting of restaurant
4 liquor licenses for use at performing arts facilities in those
5 municipalities that do not already allow the retail sale of
6 alcohol, it shall be in the following form:
7 Do you favor the granting of liquor licenses to
8 performing arts facilities for the sale of liquor
9 in the........................................... Yes
10 of..............................................? No
11 When the question is in respect to the granting of liquor
12 licenses for hotels located on property owned by an accredited
13 college or university in those municipalities that do not
14 already allow the granting of liquor licenses, it shall be in
15 the following form:
16 Do you favor the granting of liquor licenses to hotels on
17 property owned by an accredited college or university
18 in the............................................ Yes
19 of...............................................? No
20 When the question is in respect to the granting of liquor
21 licenses, for privately-owned private golf courses, it shall be
22 in the following form:
23 Do you favor the granting of liquor licenses for
24 privately-owned private golf courses for the sale
25 of liquor in.................by.................. Yes
26 of..............................................? No
27 When the question is in respect to the granting of liquor
28 licenses, for privately-owned public golf courses, it shall be
29 in the following form:
30 Do you favor the granting of liquor licenses for
20010H1519B3264 - 34 -
1 privately-owned public golf courses for the sale
2 of liquor in.................by.................. Yes
3 of..............................................? No
4 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR <--
5 LICENSES TO CONTINUING CARE RETIREMENT COMMUNITIES IN THOSE
6 MUNICIPALITIES THAT HAVE NOT ALREADY APPROVED THE GRANTING OF
7 LIQUOR LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
8 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
9 CONTINUING CARE RETIREMENT COMMUNITIES
10 IN.................BY......................... YES
11 OF.............................................? NO
12 When the question is in respect to the granting of licenses
13 to retail dispensers of malt and brewed beverages, it shall be
14 in the following form:
15 Do you favor the granting of malt and brewed
16 beverage retail dispenser licenses for
17 consumption on premises where sold in the........ Yes
18 of..............................................? No
19 When the question is in respect to the granting of licenses
20 to wholesale distributors of malt or brewed beverages and
21 importing distributors, it shall be in the following form:
22 Do you favor the granting of malt and brewed
23 beverage wholesale distributor's and importing
24 distributor's licenses not for consumption on
25 premises where sold in the....................... Yes
26 of..............................................? No
27 When the question is in respect to the granting of club
28 liquor licenses to incorporated units of national veterans'
29 organizations, it shall be in the following form:
30 Do you favor the granting of club liquor licenses
20010H1519B3264 - 35 -
1 to incorporated units of national veterans' organizations
2 in the........................................... Yes
3 of..............................................? No
4 When the question is in respect to the granting of club
5 retail dispenser licenses to incorporated units of national
6 veterans' organizations, it shall be in the following form:
7 Do you favor the granting of club retail dispenser
8 licenses to incorporated units of national veterans'
9 organizations in the............................. Yes
10 of..............................................? No
11 When the question is in respect to the granting of special
12 occasion permits allowing the sale of liquor by qualified
13 organizations in municipalities that do not already allow the
14 retail sale of liquor, it shall be in the following form:
15 Do you favor the granting of special occasion permits to
16 allow the sale of liquor by qualified organizations in
17 the............................................... Yes
18 of...............................................? No
19 When the question is in respect to the granting of special
20 occasion permits allowing the sale of malt or brewed beverages
21 only by qualified organizations in municipalities that do not
22 already allow the retail sale of malt or brewed beverages, it
23 shall be in the following form:
24 Do you favor the granting of special occasion permits to
25 allow the sale of malt or brewed beverages only by qualified
26 organizations in the.............................. Yes
27 of...............................................? No
28 When the question is in respect to the establishment,
29 operation and maintenance of Pennsylvania liquor stores it shall
30 be in the following form:
20010H1519B3264 - 36 -
1 Do you favor the establishment, operation
2 and maintenance of Pennsylvania liquor
3 stores in the.................................... Yes
4 of..............................................? No
5 In case of a tie vote, the status quo shall obtain. If a
6 majority of the voting electors on any such question vote "yes,"
7 then liquor licenses shall be granted by the board to hotels,
8 restaurants, resort facilities and clubs, or liquor licenses
9 shall be granted by the board to public venues, to performing
10 arts facilities, TO CONTINUING CARE RETIREMENT COMMUNITIES, to <--
11 hotels located on property owned by an accredited college or
12 university, to privately-owned private golf courses or to
13 privately-owned public golf courses, or malt and brewed beverage
14 retail dispenser licenses or wholesale distributor's and
15 importing distributor's license for the sale of malt or brewed
16 beverages shall be granted by the board, or club liquor licenses
17 or club retail dispenser licenses shall be granted by the board
18 to incorporated units of national veterans' organizations, or
19 special occasion permits may be issued to qualified
20 organizations, or the board may establish, operate and maintain
21 Pennsylvania liquor stores, as the case may be, in such
22 municipality or part of a split municipality, as provided by
23 this act; but if a majority of the electors voting on any such
24 question vote "no," then the board shall have no power to grant
25 or to renew upon their expiration any licenses of the class so
26 voted upon in such municipality or part of a split municipality;
27 or if the negative vote is on the question in respect to the
28 establishment, operation and maintenance of Pennsylvania liquor
29 stores, the board shall not open and operate a Pennsylvania
30 liquor store in such municipality or part of a split
20010H1519B3264 - 37 -
1 municipality, nor continue to operate a then existing
2 Pennsylvania liquor store in the municipality or part of a split
3 municipality for more than two years thereafter or after the
4 expiration of the term of the lease on the premises occupied by
5 such store, whichever period is less, unless and until at a
6 later election a majority of the voting electors vote "yes" on
7 such question.
8 * * *
9 (e) An election may be held on the question of granting
10 liquor licenses to resort facilities in municipalities that do
11 not already allow the retail sale of liquor in section 472(a) at
12 the primary election immediately following the effective date of
13 this subsection, and at each subsequent primary election,
14 notwithstanding any referendum frequency restriction in this act
15 to the contrary.
16 (f) For purposes of this section, "resort facilities" shall
17 mean any hotel, restaurant or club located on property owned by
18 or contiguous to a convention center that offers skiing, golf,
19 hiking and horseback riding. The convention center itself must
20 be located on property at least two thousand acres in size. The
21 property may be located in more than one municipality or county.
22 Section 14. Section 472.1 of the act is amended to read:
23 Section 472.1. Clubs.--(a) Whenever any club in existence
24 at least five years prior to the time of application for license
25 owns a contiguous plot of land in more than two municipalities
26 in one or more but less than all of which the granting of liquor
27 licenses has not been prohibited and at least one acre of the
28 plot of land owned by the club is situated in each municipality
29 in which the granting of liquor licenses has not been
30 prohibited, the club may be issued a club liquor license or a
20010H1519B3264 - 38 -
1 catering license by the board if the board finds that the
2 license will not be detrimental to any residential neighborhood.
3 This section shall not be construed to prohibit the issuance of
4 club liquor licenses or catering licenses which may otherwise be
5 issued under the provisions of this act.
6 (b) Any club which holds a liquor license or a catering
7 license under this section on the effective date of this
8 subsection may, for a period of six (6) months from the
9 effective date of this subsection, exchange such license for a
10 restaurant liquor license. The restaurant liquor license shall
11 be nontransferable and shall be issued to the club or
12 concessionaire chosen by the club to operate the restaurant. A <--
13 RESTAURANT LIQUOR LICENSE ISSUED TO A CONCESSIONAIRE UNDER THIS
14 SECTION SHALL BE IMMEDIATELY RESCINDED UPON THE TERMINATION OF
15 THE CONTRACT BETWEEN THE CLUB AND THE CONCESSIONAIRE.
16 NOTWITHSTANDING ANY OTHER PROVISIONS OF THE LAW, IF A RESTAURANT
17 LIQUOR LICENSE ISSUED UNDER THIS SUBSECTION IS RESCINDED BECAUSE
18 OF THE TERMINATION OF THE AGREEMENT BETWEEN THE CLUB AND THE
19 CONCESSIONAIRE, THE BOARD MAY ISSUE A NEW RESTAURANT LICENSE TO
20 THE CLUB OR ITS NEWLY DESIGNATED CONCESSIONAIRE, AT ANY TIME.
21 Section 15. Section 472.4 of the act, added December 7, 1990
22 (P.L.622, No.160), is amended to read:
23 [Section 472.4. Privately-Owned Public Golf Courses.--(a)
24 Any privately-owned public golf course licensee may, upon
25 application to and the approval of the board, contract with a
26 concessionaire to operate a restaurant or provide food service
27 and, in the case of a restaurant liquor licensee, sell liquor
28 and malt and brewed beverages or, in the case of a malt and
29 brewed beverage dispenser licensee, sell malt and brewed
30 beverages pursuant to the provisions of this act pertaining to
20010H1519B3264 - 39 -
1 such licensees.
2 (b) The board shall approve the application of any
3 privately-owned public golf course licensee to contract with a
4 concessionaire pursuant to subsection (a) upon being satisfied
5 that the concessionaire is of good repute and financially
6 responsible.]
7 Section 16. Section 475 of the act is amended to read:
8 [Section 475. Establishments Proximate to Interstate
9 Highways Not To Be Licensed.--(a) No license for the sale of
10 liquor or malt or brewed beverages in any quantity shall be
11 granted to the proprietor, lessee, keeper or manager of an
12 establishment the building entrance to which is located within
13 three hundred feet of the entrance or exit of an interstate
14 limited access highway.
15 (b) This section shall not apply to existing licenses, nor
16 be deemed to affect the right of an existing licensee to
17 reinstatement or renewal of his license.]
18 Section 17. Section 477 of the act is amended by adding a
19 subsection to read:
20 Section 477. Applicants to Provide State Tax Identification
21 Numbers and Statement of State Tax Status; Waiver of
22 Confidentiality of Information in the Possession of the
23 Department of Revenue and Other Departments; Review of State Tax
24 Status.--* * *
25 (g) This section shall also be applicable to any management
26 company utilized by the applicant.
27 Section 18. Article IV of the act is amended by adding a
28 subdivision to read:
29 (C.1) Shipment of Wine.
30 Section 488. Shipment of Wine into Commonwealth.--(a) The
20010H1519B3264 - 40 -
1 shipment of wine from out-of-State to residents of this
2 Commonwealth is prohibited, except as otherwise provided for in
3 this section.
4 (b) Notwithstanding any other provision of this act or law
5 to the contrary, a person licensed by another state as a
6 producer, supplier, importer, wholesaler, distributor or
7 retailer of wine and who obtains a direct wine shipper license
8 as provided for in this section may ship up to nine liters per
9 month of any wine NOT INCLUDED ON THE LIST PROVIDED FOR IN <--
10 SUBSECTION (C) on the Internet order of any resident of this
11 Commonwealth who is at least twenty-one years of age for such
12 resident's personal use and not for resale.
13 (C) EACH MONTH, THE BOARD SHALL PUBLISH ON THE INTERNET A <--
14 LIST OF ALL CLASSES, VARIETIES AND BRANDS OF WINE AVAILABLE FOR
15 SALE IN THE PENNSYLVANIA LIQUOR STORES. A PERSON HOLDING A
16 DIRECT SHIPPER LICENSE MAY SHIP ONLY THOSE CLASSES, VARIETIES
17 AND BRANDS OF WINE NOT INCLUDED ON THE LIST AT THE TIME AN
18 INTERNET ORDER IS PLACED.
19 (c) (D) An out-of-State wine shipper shall: <--
20 (1) Not ship more than nine liters per month on the Internet
21 order of any person in this Commonwealth.
22 (2) Not ship to any address in a municipality that has <--
23 adopted a local option referendum under section 472.
24 (3) (2) Report to the board each year the total of wine
25 shipped into this Commonwealth in the preceding calendar year.
26 (4) (3) Permit the board or the Secretary of Revenue, or <--
27 their designated representatives, to perform an audit of the
28 out-of-State wine shipper's records upon request.
29 (5) (4) Be deemed to have submitted to the jurisdiction of <--
30 the board, any other State agency and the courts of this
20010H1519B3264 - 41 -
1 Commonwealth for purposes of enforcement of this section and any
2 related laws, rules or regulations.
3 (d) (E) A direct shipper may ship wine on the Internet order <--
4 of a resident into this Commonwealth provided that the wine is
5 shipped to a Pennsylvania Liquor Store selected by the resident. <--
6 and the resident pays all taxes due on the wine at the time the <--
7 wine is picked up. THE WINE WILL BE SUBJECT TO TAXES IN THE SAME <--
8 MANNER AS WINE SOLD DIRECTLY BY THE BOARD. THE WINE WILL NOT BE
9 RELEASED BY THE STATE STORE UNTIL ALL MONEYS DUE, INCLUDING ALL
10 TAXES AND FEES, HAVE BEEN PAID BY THE RESIDENT.
11 (e) (F) A person shall sign an affidavit provided by the <--
12 Pennsylvania Liquor Store where the wine was delivered to
13 stating that the wine will only be used for the person's
14 personal use. Any person who resells wine obtained under this
15 section commits a misdemeanor of the second degree.
16 (f) (G) The board may promulgate such rules and regulations <--
17 as are necessary to implement and enforce the provisions of this
18 section. THE BOARD MAY CHARGE THE RESIDENT A FEE TO COVER THE <--
19 COST ASSOCIATED WITH PROCESSING THE INTERNET ORDER.
20 (H) THE BOARD SHALL SUBMIT MONTHLY REPORTS TO THE <--
21 APPROPRIATIONS COMMITTEE AND THE LAW AND JUSTICE COMMITTEE OF
22 THE SENATE AND TO THE APPROPRIATIONS COMMITTEE AND THE LIQUOR
23 CONTROL COMMITTEE OF THE HOUSE OF REPRESENTATIVES SUMMARIZING
24 THE NUMBER OF DIRECT SHIPPER LICENSES ISSUED BY THE BOARD, THE
25 QUANTITY OF WINE SOLD PURSUANT TO THIS SECTION, AND THE TOTAL
26 DOLLAR VALUE OF SALES UNDER THIS SECTION.
27 (g) (I) The term "wine" as used in this section shall mean <--
28 liquor which is fermented from grapes and other fruits, having
29 alcoholic content of twenty-four per centum or less. The term
30 "wine" shall not include malt or brewed beverages, nor shall
20010H1519B3264 - 42 -
1 wine include any products containing alcohol derived from malt,
2 grain, cereal, molasses or cactus.
3 Section 19. Section 491(2), (8) and (11) of the act are
4 amended to read:
5 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
6 Liquor Licensees.--
7 It shall be unlawful--
8 * * *
9 (2) Possession or Transportation of Liquor or Alcohol. For
10 any person, except a manufacturer or the board or the holder of
11 a sacramental wine license or of an importer's license, to
12 possess or transport any liquor or alcohol within this
13 Commonwealth which was not lawfully acquired prior to January
14 first, one thousand nine hundred and thirty-four, or has not
15 been purchased from a Pennsylvania Liquor Store or a licensed
16 limited winery in Pennsylvania, except [miniatures totalling
17 less than one gallon purchased by a collector of the same in
18 another state or foreign country, or] in accordance with section
19 488 or the board's regulations. IN ADDITION IT SHALL BE LAWFUL <--
20 FOR ANYONE TO POSSESS MINIATURES TOTALING LESS THAN ONE GALLON
21 PURCHASED IN ANOTHER STATE OR A FOREIGN COUNTRY. The burden
22 shall be upon the person possessing or transporting such liquor
23 or alcohol to prove that it was so acquired. But nothing herein
24 contained shall prohibit the manufacture or possession of wine
25 by any person in his home for consumption of himself, his family
26 and guests and not for sale, not exceeding, during any one
27 calendar year, two hundred gallons, any other law to the
28 contrary notwithstanding. Such wine shall not be manufactured,
29 possessed, offered for sale or sold on any licensed premises.
30 None of the provisions herein contained shall prohibit nor
20010H1519B3264 - 43 -
1 shall it be unlawful for any person to import into Pennsylvania,
2 transport or have in his possession, an amount of liquor not
3 exceeding one gallon in volume upon which a State tax has not
4 been paid, if it can be shown to the satisfaction of the board
5 that such person purchased the liquor in a foreign country or
6 United States territory and was allowed to bring it into the
7 United States. Neither shall the provisions contained herein
8 prohibit nor make it unlawful for (i) any member of the armed
9 forces on active duty, or (ii) any retired member of the armed
10 forces, or (iii) any totally disabled veteran, or (iv) the
11 spouse of any person included in the foregoing classes of
12 persons to import into Pennsylvania, transport or have in his
13 possession an amount of liquor not exceeding one gallon per
14 month in volume upon which the State tax has not been paid, so
15 long as such liquor has been lawfully purchased from a package
16 store established and maintained under the authority of the
17 United States and is in containers identified in accordance with
18 regulations issued by the Department of Defense. Such liquor
19 shall not be possessed, offered for sale or sold on any licensed
20 premises.
21 None of the provisions herein contained shall prohibit nor
22 shall it be unlawful for any consul general, consul or other
23 diplomatic officer of a foreign government to import into
24 Pennsylvania, transport or have in his possession liquor upon
25 which a State tax has not been paid, if it can be shown to the
26 satisfaction of the board that such person acquired the liquor
27 in a foreign country and was allowed to bring it into the United
28 States. Such liquor shall not be possessed, offered for sale or
29 sold on any licensed premises.
30 Any person violating the provisions of this clause for a
20010H1519B3264 - 44 -
1 first offense involving the possession or transportation in
2 Pennsylvania of any liquor in a package (bottle or other
3 receptacle) or wine not purchased from a Pennsylvania Liquor
4 Store or from a licensed limited winery in Pennsylvania, with
5 respect to which satisfactory proof is produced that the
6 required Federal tax has been paid and which was purchased,
7 procured or acquired legally outside of Pennsylvania shall upon
8 conviction thereof in a summary proceeding be sentenced to pay a
9 fine of twenty-five dollars ($25) for each such package, plus
10 costs of prosecution, or undergo imprisonment for a term not
11 exceeding ninety (90) days. Each full quart or major fraction
12 thereof shall be considered a separate package (bottle or other
13 receptacle) for the purposes of this clause. Such packages of
14 liquor shall be forfeited to the Commonwealth in the manner
15 prescribed in Article VI of this act but the vehicle, boat,
16 vessel, animal or aircraft used in the illegal transportation of
17 such packages shall not be subject to forfeiture: Provided,
18 however, That if it is a second or subsequent offense or if it
19 is established that the illegal possession or transportation was
20 in connection with a commercial transaction, then the other
21 provisions of this act providing for prosecution as a
22 misdemeanor and for the forfeiture of the vehicle, boat, vessel,
23 animal or aircraft shall apply.
24 * * *
25 (8) Importation and Sales of Alcohol. For any person, to
26 import alcohol into this Commonwealth, or to sell alcohol to any
27 person, except in accordance with section 488 and the
28 regulations of the board.
29 * * *
30 (11) Importation of Liquor. For any person, other than the
20010H1519B3264 - 45 -
1 board or the holder of a sacramental wine license [or of], an
2 importer's license or a direct shipper's license, to import any
3 liquor whatsoever into this Commonwealth, but this section shall
4 not be construed to prohibit railroad and pullman companies from
5 selling liquors purchased outside the Commonwealth in their
6 dining, club and buffet cars which are covered by public service
7 liquor licenses and which are operated in this Commonwealth.
8 * * *
9 Section 20. Section 493(3), (4), (9), (14) and (26) of the <--
10 act, amended December 20, 2000 (P.L.992, No.141), are amended to
11 read:
12 Section 493. Unlawful Acts Relative to Liquor, Malt and
13 Brewed Beverages and Licensees.--The term "licensee," when used
14 in this section, shall mean those persons licensed under the
15 provisions of Article IV, unless the context clearly indicates
16 otherwise.
17 It shall be unlawful--
18 * * *
19 [(3) Exchange of Liquor or Malt or Brewed Beverages For
20 Merchandise, etc. For any licensee or the board, or any employe,
21 servant or agent of a licensee or of the board, to sell, offer
22 to sell or furnish any liquor or malt or brewed beverages to any
23 person on a pass book or store order, or to receive from any
24 person any goods, wares, merchandise or other articles in
25 exchange for liquor or malt or brewed beverages.] <--
26 (4) Peddling Liquor or Malt or Brewed Beverages. For any <--
27 person, to hawk or peddle any liquor or malt or brewed beverages
28 in this Commonwealth.]
29 * * *
30 [(9) Retail Licensees Furnishing Free Lunch, etc. For any
20010H1519B3264 - 46 -
1 retail liquor licensee or any retail dispenser, his agents,
2 servants or employes, to furnish, give or sell below a fair cost
3 any lunch to any consumer, except such articles of food as the
4 board may authorize and approve.]
5 * * *
6 (14) Permitting Undesirable Persons or Minors to Frequent
7 Premises. For any hotel, restaurant or club liquor licensee, or
8 any retail dispenser, his servants, agents or employes, to
9 permit persons of ill repute, [known criminals,] prostitutes or
10 minors to frequent his licensed premises or any premises
11 operated in connection therewith, except minors accompanied by
12 parents, guardians, or under proper supervision or except minors
13 who frequent any restaurant or retail dispensing licensee whose
14 sales of food and non-alcoholic beverages are equal to [seventy]
15 sixty FIFTY per centum or more of the combined gross sales of <--
16 both food and alcoholic beverages on the condition that
17 alcoholic beverages may not be served at the table or booth at
18 which the said minor is seated at the time (unless said minor is
19 under proper supervision as hereinafter defined) and on the
20 further condition that only table service of alcoholic beverages
21 or take-out service of beer shall be permitted in the room
22 wherein the minor is located: Provided, however, That it shall
23 not be unlawful for any hotel, restaurant or club liquor
24 licensee or any retail dispenser to permit minors under proper
25 supervision upon the licensed premises or any premises operated
26 in connection therewith for the purpose of a social gathering,
27 even if such gathering is exclusively for minors: And provided
28 further, That no liquor shall be sold, furnished or given to
29 such minors nor shall the licensee knowingly permit any liquor
30 or malt or brewed beverages to be sold, furnished or given to or
20010H1519B3264 - 47 -
1 be consumed by any minor, and the area of such gathering shall
2 be segregated from the remainder of the licensed premises. In
3 the event the area of such gathering cannot be segregated from
4 the remainder of the licensed premises, all alcoholic beverages
5 must be either removed from the licensed premises or placed
6 under lock and key during the time the gathering is taking
7 place. [Notice of such gathering shall be given the board as it
8 may, by regulation, require.] Written notice, at least forty-
9 eight (48) hours in advance of such gathering, shall be given to
10 the enforcement bureau. Any licensee violating the provisions of
11 this clause shall be subject to the provisions of section 471.
12 Nothing in this clause shall be construed to make it unlawful
13 for minors to frequent public venues or performing arts
14 facilities.
15 "Proper supervision," as used in this clause, means the
16 presence, on that portion of the licensed premises where a minor
17 or minors are present, of one person twenty-five years of age or
18 older for every fifty minors or part thereof who is directly
19 responsible for the care and conduct of such minor or minors
20 while on the licensed premises and in such proximity that the
21 minor or minors are constantly within his sight or hearing. The
22 presence of the licensee or any employe or security officer of
23 the licensee shall not constitute proper supervision.
24 * * *
25 (26) Worthless Checks. For any retail liquor licensee or any
26 retail dispenser, distributor or importing distributor, to make,
27 draw, utter, issue or deliver, or cause to be made, drawn,
28 uttered, issued or delivered, any check, draft or similar order,
29 for the payment of money in payment for any purchase of malt or
30 brewed beverages, when such retail liquor licensee, retail
20010H1519B3264 - 48 -
1 dispenser, distributor or importing distributor, has not
2 sufficient funds in, or credit with, such bank, banking
3 institution, trust company or other depository, for the payment
4 of such check. Any person who is a licensee under the provisions
5 of this article, who shall receive in payment for malt or brewed
6 beverages sold by him any check, draft or similar order for the
7 payment of money, which is subsequently dishonored by the bank,
8 banking institution, trust company or other depository, upon
9 which drawn, for any reason whatsoever, shall, within five days
10 of receipt of notice of such dishonor, notify by certified mail
11 the person who presented the said worthless check, draft or
12 similar order. This clause shall not be deemed to have been <--
13 violated if the check, draft or similar order is honored within
14 twenty days of the date on which it was made, drawn, issued or
15 presented. IF THE VIOLATION OF THIS CLAUSE IS THE FIRST SUCH <--
16 VIOLATION BY THE LICENSEE THAT CALENDAR YEAR INVOLVING A CHECK,
17 DRAFT OR SIMILAR ORDER FROM THE PURCHASER TO THE SELLER, AND IF
18 THE CHECK, DRAFT OR SIMILAR ORDER IS SUBSEQUENTLY HONORED WITHIN
19 TEN DAYS FROM THE DAY IT WAS MADE, DRAWN, UTTERED, ISSUED OR
20 DELIVERED, THEN THE ENFORCEMENT BUREAU SHALL ISSUE AN
21 ADMINISTRATIVE WARNING IN LIEU OF CITATION.
22 Section 21. Section 495(a), (e) and (f) of the act, amended
23 or added December 21, 1988 (P.L.1879, No.183) and December 20,
24 1996 (P.L.1523, No.199), are amended to read:
25 Section 495. Identification Cards; Licensees and State
26 Liquor Store Employes Saved From Prosecution.--(a) The valid
27 photo driver's license or identification card issued by the
28 Department of Transportation or by any other state, [an] a valid
29 armed forces of the United States identification card, a valid
30 passport or a travel visa issued by the United States or a
20010H1519B3264 - 49 -
1 foreign country that contains the holder's photograph shall, for
2 the purpose of this act, be accepted as an identification card.
3 * * *
4 [(e) Any such signed form in the possession of a licensee or
5 an employe of a State Liquor Store may be offered as a defense
6 in all civil and criminal prosecutions for serving a minor, and
7 no penalty shall be imposed if the administrative law judge or
8 the courts are satisfied that the licensee or State Liquor Store
9 employe acted in good faith.
10 (f) A photograph or photocopy or other visual or video
11 presentation of the identification card set forth in subsection
12 (a) in the possession of a licensee or an employe of a State
13 Liquor Store may be offered as a defense in all civil and
14 criminal prosecutions for serving a minor, and no penalty shall
15 be imposed if the administrative law judge or the courts are
16 satisfied that the licensee or State Liquor Store employe acted
17 in good faith.]
18 (e) No penalty shall be imposed on a licensee, licensee's
19 employe or State Liquor Store employe for serving alcohol to a
20 minor if the licensee or employe can establish that the minor
21 was required to produce an identification card as set forth in
22 subsection (a), the minor completed and signed the form as set
23 forth in subsection (c), and these documents were relied upon in
24 good faith. This defense shall apply to all civil and criminal
25 prosecutions.
26 (f) In addition to the defense set forth in subsection (e),
27 no penalty shall be imposed on a licensee, licensee's employe or
28 State Liquor Store employe for serving alcohol to a minor if the
29 licensee or employe can establish that the minor was required to
30 produce an identification card as set forth in subsection (a), a
20010H1519B3264 - 50 -
1 photograph, photocopy or other visual or video presentation of
2 the identification card was made and those documents were relied
3 upon in good faith. This defense shall apply to all civil and
4 criminal prosecutions.
5 Section 22. Section 496 of the act is amended to read:
6 Section 496. Reporting of Worthless Checks.--Any person who
7 is a licensee under the provisions of this article, who shall
8 receive in payment for malt or brewed beverages sold by him any
9 check, draft or similar order, for the payment of money, which
10 is subsequently dishonored by the bank, banking institution,
11 trust company or other depository, upon which drawn, for any
12 reason whatsoever, and which violates the provisions of section
13 493(26) shall, within [twenty days of receipt of notice of such <--
14 dishonor] thirty days of the date on which the check, draft or <--
15 similar order was made, drawn, issued or presented, notify the
16 board thereof. Such notification to the board shall be in such
17 manner and form as the board shall direct.
18 Section 23. Section 498 of the act, amended December 20,
19 1996 (P.L.1523, No.199), is amended to read:
20 Section 498. Unlawful Advertising.--(a) Manufacturers,
21 wholesalers, retailers and shippers, whether from outside or
22 inside this Commonwealth, and any licensee under this act are
23 permitted to advertise their products and prices in this
24 Commonwealth. All advertisements shall be subject to all Federal
25 and State laws and regulations.
26 (b) No advertisement of price may contain the following:
27 (1) Any statement that is false, deceptive or misleading.
28 (2) Any statement that is disparaging of the products of a
29 competitor.
30 (3) Any statement referring to monetary comparison between
20010H1519B3264 - 51 -
1 brands.
2 (c) Prices that are advertised or displayed on the licensed
3 premises shall be those that are in effect at the time of the
4 advertisement or display.
5 [(d) No prices, other than the posting of a printed menu or
6 wine list as expressly provided for in section 493(20)(i), may
7 be displayed in a window of any licensed establishment.]
8 (e) The following shall apply to all alcoholic beverage and
9 malt beverage advertising:
10 (1) The entity responsible for the advertisement shall be
11 clearly identified in the advertisement.
12 (2) No licensee may distribute, by mail, personally or
13 through servants, agents or employees, price lists, circulars or
14 handbills off the licensed premises to the general public as a
15 means of advertising liquor, wine or malt or brewed beverages.
16 (3) No print advertisement of alcoholic beverages of any
17 type shall be permitted within three hundred feet of any church,
18 school or public playground. This prohibition shall not preclude
19 any point of sale advertisement, menus or other print
20 advertisement regarding alcoholic beverages inside the licensed
21 premises.
22 (4) The use in any advertisement of alcoholic beverages of
23 any subject matter, language or slogan directed to minors to
24 promote consumption of alcoholic beverages is prohibited.
25 Nothing in this section shall be deemed to restrict or prohibit
26 any advertisement of alcoholic beverages to those persons of
27 legal drinking age.
28 (5) No advertisement shall be permitted, either directly or
29 indirectly, in any booklet, program book, yearbook, magazine,
30 newspaper, periodical, brochure, circular or other similar
20010H1519B3264 - 52 -
1 publication published by, for or in behalf of any educational
2 institution.
3 (6) No advertisement that is obscene shall be permitted.
4 (f) Advertisement of alcoholic beverages and malt and brewed
5 beverages shall not be inconsistent with the spirit of safety or
6 safe driving programs.
7 (g) For purposes of this subsection, the term
8 "advertisement" shall mean any advertising of alcoholic
9 beverages through the medium of radio broadcast, television
10 broadcast, newspapers, periodicals or other publication, outdoor
11 advertisement or any other printed or graphic matter, including
12 booklets, flyers or cards, or on the product label or attachment
13 itself.
14 Section 24. Section 499 of the act is amended by adding
15 subsections to read:
16 Section 499. Premises to be Vacated by Patrons.--* * *
17 (d) This section shall not apply to holders of public
18 service licenses.
19 (e) Nothing in this section shall prohibit restaurant
20 liquor, eating place retail dispenser or hotel licenses from
21 being open 7:00 ante meridian on Sunday until 2:00 ante meridian
22 Monday for the purpose of serving food and non-alcoholic
23 beverages.
24 Section 25. This act shall take effect in 60 days. <--
25 SECTION 25. THE AMENDMENT OF SECTION 201 RELATING TO A <--
26 MEMBER'S TERM OF OFFICE SHALL APPLY TO ALL MEMBERS OF THE BOARD
27 APPOINTED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
28 SECTION 25 26. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
29 (1) THE AMENDMENT OR ADDITION OF SECTIONS 102, 201, 412, <--
30 413, 431.1, 461, 463, 472, 472.1 AND 472.4 OF THE ACT SHALL
20010H1519B3264 - 53 -
1 TAKE EFFECT IMMEDIATELY.
2 (2) THIS SECTION 25 AND THIS section shall take effect <--
3 immediately.
4 (3) The remainder of this act shall take effect in 60
5 days.
D17L47BIL/20010H1519B3264 - 54 -