SENATE AMENDED
PRIOR PRINTER'S NOS. 3713, 4608, 4664 PRINTER'S NO. 4740
No. 2574 Session of 2002
INTRODUCED BY DONATUCCI, REINARD, LEDERER, MANDERINO, SATHER,
THOMAS, CLYMER, MELIO, KELLER, JAMES, PISTELLA, CASORIO,
SCRIMENTI, CORRIGAN, WASHINGTON, YOUNGBLOOD, SHANER,
J. WILLIAMS, CRUZ, HORSEY, JOSEPHS AND ROEBUCK,
APRIL 17, 2002
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 27, 2002
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for when sales may be made at Pennsylvania <--
18 Liquor Stores; authorizing tasting of alcoholic beverages in
19 Pennsylvania Liquor Stores and on premises of distributors
20 and importing distributors; further providing for hotel,
21 restaurant and club liquor licenses and for malt and brewed
22 beverages retail licenses; providing for the entering into
23 agreement by the board and license applicants regarding the
24 pending application; authorizing issuance of certain multiple
25 public venue licenses; further providing for revocation and
26 suspension of licenses and for fines; providing for the
27 surrender of a license for benefit of the licensee; and
28 further providing for unlawful acts relative to liquor, malt
29 and brewed beverages and licensees. AMENDING AND ADDING <--
1 DEFINITIONS; DELETING CERTAIN BONDING REQUIREMENTS; FURTHER
2 PROVIDING FOR APPLICATION OF CERTAIN LAW TO THE PENNSYLVANIA
3 LIQUOR CONTROL BOARD AND BUREAU OF LIQUOR CONTROL ENFORCEMENT
4 OF THE PENNSYLVANIA STATE POLICE, FOR WINE MARKETING, FOR
5 RETAIL SALES, FOR LICENSE APPLICATIONS, FOR LICENSEE SALES
6 AND RESTRICTIONS, FOR SECONDARY SERVICE AREA, FOR SPECIAL
7 OCCASION PERMITS, FOR SACRAMENTAL WINE LICENSES, FOR LIQUOR
8 IMPORTERS' LICENSES, FOR PUBLIC VENUE LICENSE, FOR MALT AND
9 BREWED BEVERAGES MANUFACTURERS', DISTRIBUTORS' AND IMPORTING
10 DISTRIBUTORS' LICENSES, FOR MALT AND BREWED BEVERAGES RETAIL
11 LICENSES, FOR APPLICATION FOR DISTRIBUTORS' AND IMPORTING
12 DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES, FOR
13 DISTRIBUTORS' AND IMPORTING DISTRIBUTORS' RESTRICTIONS, FOR
14 RETAIL DISPENSERS' RESTRICTIONS, FOR HEARINGS AND APPEALS,
15 FOR LICENSE RENEWAL, FOR LICENSE REVOCATION AND SUSPENSION,
16 FOR LOCAL OPTION AND FOR EXCHANGE OF CERTAIN LICENSES;
17 PROVIDING FOR SURRENDER OF CERTAIN LICENSES; FURTHER
18 PROVIDING FOR UNLAWFUL ACTS, FOR RIGHTS OF MUNICIPALITIES,
19 FOR UNLAWFUL ADVERTISING AND FOR LIMITED WINERIES; DELETING
20 PROVISIONS RELATING TO DISTILLERIES; AND FURTHER PROVIDING
21 FOR BUSINESS HOURS. FURTHER PROVIDING FOR RETAIL DISPENSERS' <--
22 RESTRICTIONS, FOR UNLAWFUL ACTS, FOR IDENTIFICATION CARDS AND
23 FOR LIMITED WINERIES; DELETING PROVISIONS RELATING TO
24 DISTILLERIES; AND FURTHER PROVIDING FOR BUSINESS HOURS.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Sections 304 and 305(d) of the act of April 12, <--
28 1951 (P.L.90, No.21), known as the Liquor Code, reenacted and
29 amended June 29, 1987 (P.L.32, No.14), are amended to read:
30 SECTION 1. THE DEFINITION OF "EATING PLACE" IN SECTION 102 <--
31 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
32 LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32,
33 NO.14), AND AMENDED FEBRUARY 21, 2002 (P.L.103, NO.10), ARE
34 AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO
35 READ:
36 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
37 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
38 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
39 * * *
40 "ARTS COUNCIL" SHALL MEAN A TAX-EXEMPT ORGANIZATION WHICH
41 PROMOTES THE VISUAL ARTS, PERFORMING ARTS, OR BOTH, AND WHICH
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1 RECEIVES FUNDING UNDER THE LOCAL ARTS SERVICES PROGRAM
2 ADMINISTERED BY THE PENNSYLVANIA COUNCIL OF THE ARTS.
3 * * *
4 "EATING PLACE" SHALL MEAN A PREMISE WHERE FOOD IS REGULARLY
5 AND CUSTOMARILY PREPARED AND SOLD, HAVING A TOTAL AREA OF NOT
6 LESS THAN THREE HUNDRED SQUARE FEET AVAILABLE TO THE PUBLIC IN
7 ONE OR MORE ROOMS, OTHER THAN LIVING QUARTERS, AND EQUIPPED WITH
8 TABLES AND CHAIRS, INCLUDING BAR SEATS, ACCOMMODATING THIRTY
9 PERSONS AT ONE TIME. THE BOARD SHALL, BY REGULATION, SET FORTH
10 WHAT CONSTITUTES TABLES AND CHAIRS SUFFICIENT TO ACCOMMODATE
11 THIRTY PERSONS AT ONE TIME.
12 "ELIGIBLE ENTITY" SHALL MEAN A CITY OF THE THIRD CLASS, A
13 HOSPITAL, A CHURCH, A SYNAGOGUE, A VOLUNTEER FIRE COMPANY, A
14 VOLUNTEER AMBULANCE COMPANY, A VOLUNTEER RESCUE SQUAD, A UNIT OF
15 A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB LIQUOR
16 LICENSE, A LIBRARY, A NATIONALLY ACCREDITED PENNSYLVANIA
17 NONPROFIT ZOOLOGICAL INSTITUTION LICENSED BY THE UNITED STATES
18 DEPARTMENT OF AGRICULTURE, A NONPROFIT AGRICULTURAL ASSOCIATION
19 IN EXISTENCE FOR AT LEAST TEN YEARS, A BONA FIDE SPORTSMEN'S
20 CLUB IN EXISTENCE FOR AT LEAST TEN YEARS, A NATIONALLY CHARTERED
21 VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION
22 OF SUCH ORGANIZATION, A FRATERNAL BENEFIT SOCIETY THAT IS
23 LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED
24 LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, A MUSEUM
25 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
26 OR TOWNSHIP OF THE FIRST CLASS, A NONPROFIT CORPORATION ENGAGED
27 IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS OR IN AN
28 INCORPORATED TOWN, AN ARTS COUNCIL, A NONPROFIT CORPORATION THAT
29 OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS
30 IN THE COUNTY OF THE FOURTH CLASS, A NONPROFIT ORGANIZATION AS
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1 DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF
2 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS
3 TO PROTECT THE ARCHITECTURAL HERITAGE OF BOROUGHS AND WHICH HAS
4 BEEN RECOGNIZED AS SUCH BY A MUNICIPAL RESOLUTION, OR A
5 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
6 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
7 501(C)(3)) CONDUCTING A REGATTA IN A CITY OF THE SECOND CLASS
8 WITH THE PERMIT TO BE USED ON STATE PARK GROUNDS OR CONDUCTING A
9 FAMILY-ORIENTED CELEBRATION AS PART OF WELCOME AMERICA IN A CITY
10 OF THE FIRST CLASS ON PROPERTY LEASED FROM THAT CITY FOR MORE
11 THAN FIFTY YEARS.
12 * * *
13 "TRACT" SHALL MEAN A CONTIGUOUS EXPANSE OF LAND UNDER THE
14 CONTROL OF ONE PERSON.
15 * * *
16 SECTION 2. SECTIONS 205 AND 206.1(A) AND (B) OF THE ACT ARE
17 AMENDED TO READ:
18 [SECTION 205. BONDS REQUIRED OF MEMBERS AND SECRETARY.--
19 BEFORE ENTERING UPON THE DUTIES OF THEIR RESPECTIVE OFFICES OR
20 POSITIONS, EACH MEMBER OF THE BOARD AND THE SECRETARY SHALL
21 EXECUTE AND FILE WITH THE STATE TREASURER A BOND IN SUCH PENAL
22 SUM AS SHALL BE FIXED BY THE EXECUTIVE BOARD OF THIS
23 COMMONWEALTH UPON RECOMMENDATION OF THE GOVERNOR, BUT THE AMOUNT
24 OF ANY SUCH BOND SHALL NOT BE LESS THAN TEN THOUSAND DOLLARS
25 ($10,000). BONDS IN SUCH PENAL SUMS AS SHALL BE FIXED BY THE
26 EXECUTIVE BOARD LIKEWISE SHALL BE EXECUTED AND FILED WITH THE
27 STATE TREASURER BY SUCH EMPLOYES OF THE BOARD AS THE HEAD OF
28 SUCH BOARD SHALL, WITH THE APPROVAL OF THE EXECUTIVE BOARD,
29 PRESCRIBE. SUCH BONDS SHALL BE PAYABLE TO THE COMMONWEALTH OF
30 PENNSYLVANIA AND SHALL BE CONDITIONED FOR THE FAITHFUL
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1 PERFORMANCE OF THE MEMBERS', SECRETARY'S OR EMPLOYES' DUTIES
2 IMPOSED BY LAW OR BY LAWFUL AUTHORITY AND THAT THE PERSON BONDED
3 WILL NOT KNOWINGLY VIOLATE THE PROVISIONS OF THIS ACT. ALL BONDS
4 REQUIRED TO BE GIVEN UNDER THIS SECTION SHALL, BEFORE BEING
5 ACCEPTED BY THE STATE TREASURER, BE APPROVED BY THE ATTORNEY
6 GENERAL, AND UNLESS THE COMMONWEALTH SHALL ESTABLISH ITS OWN
7 INDEMNITY FUND, ALL SUCH BONDS SHALL BE GIVEN WITH SECURITY
8 APPROVED BY THE ATTORNEY GENERAL. IF THE COMMONWEALTH SHALL
9 ESTABLISH ITS OWN INDEMNITY FUND, THE EXECUTIVE BOARD MAY,
10 NEVERTHELESS, REQUIRE ANY BOND GIVEN HEREUNDER TO BE EXECUTED BY
11 A SURETY OR SURETIES SATISFACTORY TO THE ATTORNEY GENERAL. THE
12 COST OF SUCH BONDS REQUIRED TO BE EXECUTED BY A SURETY OR
13 SURETIES SHALL BE BORNE BY THE BOARD AS PART OF ITS OPERATING
14 EXPENSE.]
15 SECTION 206.1. BOARD AND ENFORCEMENT BUREAU SUBJECT TO STATE
16 ETHICS AND ADVERSE INTEREST ACTS.--(A) EXCEPT TO THE EXTENT
17 THAT THE PENALTIES PROVIDED IN SECTION 210 OF THIS ACT FOR
18 VIOLATIONS ARE MORE STRINGENT, THE BOARD, ITS MEMBERS AND ALL OF
19 ITS EMPLOYES AND EMPLOYES OF THE ENFORCEMENT BUREAU SHALL BE
20 SUBJECT TO THE ACT OF OCTOBER 4, 1978 (P.L.883, NO.170),
21 REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW, AND
22 THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS THE "STATE
23 ADVERSE INTEREST ACT."
24 (B) MEMBERSHIP ON THE BOARD AND EMPLOYMENT OR CONTINUED
25 EMPLOYMENT AS AN EMPLOYE OF THE BOARD OR ENFORCEMENT BUREAU IS
26 CONDITIONED UPON COMPLIANCE WITH ALL OF THE PROVISIONS OF THE
27 ACTS SPECIFIED IN SUBSECTION (A), INCLUDING, BUT NOT LIMITED TO,
28 THE FILING OF STATEMENTS OF FINANCIAL INTERESTS REQUIRED BY
29 SECTION 5 OF THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW.
30 ACCEPTANCE OR RETENTION OF EMPLOYMENT SHALL BE DEEMED AS
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1 VOLUNTARY CONSENT TO SUBMIT TO THE FINANCIAL REPORTING
2 REQUIREMENTS OF THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW AS A
3 CONDITION OF EMPLOYMENT. FAILURE TO TIMELY COMPLY WITH THE
4 REQUIREMENTS SHALL RESULT IN IMMEDIATE TERMINATION OF
5 EMPLOYMENT. BOTH THE BOARD AND THE ENFORCEMENT BUREAU ARE
6 SUBJECT TO THE PROVISIONS OF 65 PA.C.S. CH. 11 (RELATING TO
7 ETHICS STANDARDS AND FINANCIAL DISCLOSURE).
8 SECTION 3. SECTIONS 215(C) AND (D), 304 AND 305(D) AND (H)
9 OF THE ACT ARE AMENDED TO READ:
10 SECTION 215. WINE MARKETING.--* * *
11 [(C) THE BOARD SHALL ESTABLISH THAT AT LEAST FIVE PER CENTUM
12 OF ALL STATE STORES WITHIN A METROPOLITAN AREA ARE WINE
13 SPECIALTY STORES, AT WHICH PREMIUM WINE SHALL BE SOLD. THESE
14 STORES SHALL NOT SELL ANY DISTILLED PRODUCT. THE BOARD MAY
15 ESTABLISH THE WINE SPECIALTY STORES IN LOCATIONS WHICH PROVIDE
16 THE GREATEST CUSTOMER TRAFFIC AND THE GREATEST GROSS PROFIT TO
17 THE BOARD. THESE LOCATIONS MAY INCLUDE ESTABLISHED RETAIL
18 ESTABLISHMENTS. BOARD EMPLOYES SHALL STAFF THESE LOCATIONS. THE
19 BOARD SHALL HAVE THE OPTION OF CLOSING STORES WHICH ARE
20 UNPROFITABLE FOR TWO CONSECUTIVE FISCAL YEARS.]
21 (D) [(1) THE TERM "METROPOLITAN AREA," AS USED IN THIS
22 SECTION, SHALL MEAN ANY ONE COUNTY OR ANY COMBINATION OF TWO,
23 THREE OR FOUR COUNTIES CONTIGUOUS AND ADJACENT WITH A TOTAL
24 POPULATION OF FIFTY THOUSAND OR MORE.]
25 (2) THE TERM "WINE," AS USED IN THIS SECTION, SHALL MEAN
26 LIQUOR WHICH IS FERMENTED FROM GRAPES AND OTHER FRUITS, HAVING
27 ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM OR LESS. THE TERM
28 "WINE" SHALL NOT INCLUDE MALT OR BREWED BEVERAGES, NOR SHALL
29 WINE INCLUDE ANY PRODUCTS CONTAINING ALCOHOL DERIVED FROM MALT,
30 GRAIN, CEREAL, MOLASSES OR CACTUS.
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1 Section 304. When Sales May Be Made at Pennsylvania Liquor
2 Stores.--[Every] (a) Except as provided for in subsection (b),
3 every Pennsylvania Liquor Store shall be open for business week
4 days, except legal holidays or any day on which a general,
5 municipal, special or primary election is being held, during
6 such hours as the board, in its discretion, shall determine:
7 Provided, That the Pennsylvania Liquor Stores in the case of a
8 special election for members of the General Assembly or members
9 of the Congress of the United States, when such special election
10 is held on other than a primary, municipal or general election
11 day, shall be open in those Legislative or Congressional
12 Districts as though the day were not a special election day. The
13 board may, with the approval of the Governor, temporarily close
14 any store in any municipality.
15 (b) Certain Pennsylvania Liquor Stores operated by the board
16 shall be open for Sunday retail sales between the hours of noon
17 and five o'clock postmeridian, except that no Sunday sales shall
18 occur on Easter Sunday or Christmas day. For a two-year time
19 period following the effective date of this subsection, the
20 board shall open up to ten per centum of the total number of
21 Pennsylvania Liquor Stores at its discretion for Sunday sales as
22 provided for in this subsection. At the expiration of the two-
23 year time period, the board shall conduct a review and determine
24 whether the stores shall be closed or whether additional stores
25 shall be opened for these Sunday sales. The board shall submit
26 yearly reports to the Appropriations and the Law and Justice
27 Committees of the Senate and the Appropriations and the Liquor
28 Control Committees of the House of Representatives summarizing
29 the total dollar value of sales under this section.
30 Section 305. Sales by Pennsylvania Liquor Stores.--* * *
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1 (d) No liquor or alcohol package shall be opened on the
2 premises of a Pennsylvania Liquor Store. No manager or other
3 employe of the board employed in a Pennsylvania Liquor Store
4 shall allow any liquor or alcohol to be consumed on the store
5 premises, nor shall any person consume any liquor or alcohol on
6 such premises except liquor and alcohol which are part of a
7 tasting conducted pursuant to the board's regulations.
8 * * *
9 (H) EVERY PENNSYLVANIA LIQUOR STORE SHALL SELL GIFT <--
10 CERTIFICATES WHICH MAY BE REDEEMED FOR LIQUOR. IN ADDITION, THE
11 BOARD MAY SELL CORKSCREWS AND WINE SLEEVES AT PENNSYLVANIA
12 LIQUOR STORES.
13 Section 2. Sections 403(g) and 404 of the act, amended <--
14 December 20, 2000 (P.L.992, No.141), are amended to read:
15 Section 403. Applications for Hotel, Restaurant and Club
16 Liquor Licenses.--* * *
17 SECTION 4. SECTIONS 403(A) AND (G) AND 404 OF THE ACT, <--
18 AMENDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO
19 READ:
20 SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
21 LIQUOR LICENSES.--(A) EVERY APPLICANT FOR A HOTEL LIQUOR
22 LICENSE, RESTAURANT LIQUOR LICENSE OR CLUB LIQUOR LICENSE OR FOR
23 THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
24 LICENSED OR TO ANOTHER PERSON SHALL FILE A WRITTEN APPLICATION
25 WITH THE BOARD IN SUCH FORM AND CONTAINING SUCH INFORMATION AS
26 THE BOARD SHALL FROM TIME TO TIME PRESCRIBE, WHICH SHALL BE
27 ACCOMPANIED BY A FILING FEE AND AN ANNUAL LICENSE FEE AS
28 PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929
29 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
30 EVERY SUCH APPLICATION SHALL CONTAIN A DESCRIPTION OF THAT PART
20020H2574B4740 - 8 -
1 OF THE HOTEL, RESTAURANT OR CLUB FOR WHICH THE APPLICANT DESIRES
2 A LICENSE AND SHALL SET FORTH SUCH OTHER MATERIAL INFORMATION,
3 DESCRIPTION OR PLAN OF THAT PART OF THE HOTEL, RESTAURANT OR
4 CLUB WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE
5 REQUIRED BY THE REGULATIONS OF THE BOARD. THE DESCRIPTIONS,
6 INFORMATION AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW
7 THE HOTEL, RESTAURANT, CLUB, OR THE PROPOSED LOCATION FOR THE
8 CONSTRUCTION OF A HOTEL, RESTAURANT OR CLUB, AT THE TIME THE
9 APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO
10 BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED
11 AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE
12 OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES
13 NOT THEN LICENSED OR TO ANOTHER PERSON. NO PHYSICAL ALTERATIONS,
14 IMPROVEMENTS OR CHANGES SHALL BE REQUIRED TO BE MADE TO ANY
15 HOTEL, RESTAURANT OR CLUB, NOR SHALL ANY NEW BUILDING FOR ANY
16 SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL APPROVAL OF
17 THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF AN EXISTING
18 LICENSE TO ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER
19 PERSON BY THE BOARD. AFTER APPROVAL OF THE APPLICATION, THE
20 LICENSEE SHALL MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND
21 CHANGES TO THE LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW
22 BUILDING IN THE MANNER SPECIFIED BY THE BOARD AT THE TIME OF
23 APPROVAL, AND THE LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER
24 THE LICENSE UNTIL THE BOARD HAS APPROVED THE COMPLETED PHYSICAL
25 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
26 OR THE COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING
27 TO THE SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF
28 ISSUANCE OR TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE
29 ESTABLISHMENT IS A RESTAURANT, HOTEL OR CLUB AS DEFINED BY THIS
30 ACT. THE BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR
20020H2574B4740 - 9 -
1 CONSTRUCTION OR CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX
2 MONTHS FROM THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE.
3 FAILURE TO COMPLY WITH THESE REQUIREMENTS SHALL BE CONSIDERED
4 CAUSE FOR REVOCATION OF THE LICENSE. NO SUCH LICENSE SHALL BE
5 TRANSFERABLE BETWEEN THE TIME OF ISSUANCE OR TRANSFER OF THE
6 LICENSE AND THE APPROVAL OF THE COMPLETED ALTERATIONS OR
7 CONSTRUCTION BY THE BOARD AND FULL COMPLIANCE BY THE LICENSEE
8 WITH THE REQUIREMENTS OF THIS ACT, EXCEPT IN THE CASE OF DEATH
9 OF THE LICENSEE PRIOR TO FULL COMPLIANCE WITH ALL OF THE
10 AFOREMENTIONED REQUIREMENTS[,] OR UNLESS FULL COMPLIANCE IS
11 IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S CONTROL, IN WHICH
12 EVENT, THE LICENSE MAY BE TRANSFERRED BY THE BOARD AS PROVIDED
13 IN THIS ACT.
14 * * *
15 (g) Every applicant for a new license or for the transfer of
16 an existing license shall post, for a period of at least
17 [fifteen] thirty days beginning with the day the application is
18 filed with the board, in a conspicuous place on the outside of
19 the premises or at the proposed new location for which the
20 license is applied, a notice of such application[,]. The notice
21 shall indicate whether the applicant is applying for the
22 amusement permit required by section 493(10). The notice shall
23 be in such form, be of such size, and [containing] contain such
24 provisions as the board may require by its regulations. Proof of
25 the posting of such notice shall be filed with the board. The
26 posting requirement imposed by this subsection shall not apply
27 to license applications submitted for public venues.
28 * * *
29 Section 404. Issuance of Hotel, Restaurant and Club Liquor
30 Licenses.--Upon receipt of the application and the proper fees,
20020H2574B4740 - 10 -
1 and upon being satisfied of the truth of the statements in the
2 application that the applicant is the only person in any manner
3 pecuniarily interested in the business so asked to be licensed
4 and that no other person will be in any manner pecuniarily
5 interested therein during the continuance of the license, except
6 as hereinafter permitted, and that the applicant is a person of
7 good repute, that the premises applied for meet all the
8 requirements of this act and the regulations of the board, that
9 the applicant seeks a license for a hotel, restaurant or club,
10 as defined in this act, and that the issuance of such license is
11 not prohibited by any of the provisions of this act, the board
12 shall, in the case of a hotel or restaurant, grant and issue to
13 the applicant a liquor license, and in the case of a club may,
14 in its discretion, issue or refuse a license: Provided, however,
15 That in the case of any new license or the transfer of any
16 license to a new location the board may, in its discretion,
17 grant or refuse such new license or transfer if such place
18 proposed to be licensed is within three hundred feet of any
19 church, hospital, charitable institution, school, or public
20 playground, or if such new license or transfer is applied for a
21 place which is within two hundred feet of any other premises
22 which is licensed by the board: And provided further, That the
23 board's authority to refuse to grant a license because of its
24 proximity to a church, hospital, charitable institution, public
25 playground or other licensed premises shall not be applicable to
26 license applications submitted for public venues or performing
27 arts facilities: And provided further, That the board shall
28 refuse any application for a new license or the transfer of any
29 license to a new location if, in the board's opinion, such new
30 license or transfer would be detrimental to the welfare, health,
20020H2574B4740 - 11 -
1 peace and morals of the inhabitants of the neighborhood within a
2 radius of five hundred feet of the place proposed to be
3 licensed: And provided further, That prior to July 1, 1996, in
4 any license district in a city of the first class, the board
5 may, in its opinion, refuse any application for a new license or
6 for any person-to-person transfer which shall include a change
7 in stockholders involving ten per centum or more of all
8 outstanding voting stock and/or less than ten per centum of all
9 outstanding voting stock when such change involves a majority or
10 controlling interest, of any license if the licensed premises is
11 or would be within three hundred feet of any church, hospital,
12 charitable institution, school or public playground or within
13 two hundred feet of any other premises licensed by the board and
14 if, in the opinion of the board, the licensed premises is or
15 would be detrimental to the welfare, health, peace and morals of
16 such church, hospital, school, public playground and/or the
17 inhabitants of the neighborhood within a radius of five hundred
18 feet of the licensed premises. The board may enter into an
19 agreement with the applicant concerning additional restrictions
20 on the license in question. If the board and the applicant enter
21 into such an agreement, such agreement shall be binding on the
22 applicant. Failure by the applicant to adhere to the agreement
23 will be sufficient cause to form the basis for a citation under
24 section 471 and for the nonrenewal of the license under section
25 470. In the event that a licensee violates the agreement on
26 three separate occasions, the license shall be revoked. If the
27 board enters into an agreement with an applicant concerning
28 additional restrictions, those restrictions shall be binding on
29 subsequent owners of the license until the license is
30 transferred to a new location or until the board enters into a
20020H2574B4740 - 12 -
1 subsequent agreement removing those restrictions. If the
2 application in question involves a location previously licensed
3 by the board then any restrictions imposed by the board on the
4 previous license at that location shall be binding on the
5 applicant unless the board enters into a new agreement
6 rescinding those restrictions. This authority to refuse a
7 person-to-person transfer in a city of the first class is in
8 addition to and not in derogation of the authority of the board
9 generally stated for all areas of this Commonwealth: And
10 provided further, That the board shall have the discretion to
11 refuse a license to any person or to any corporation,
12 partnership or association if such person, or any officer or
13 director of such corporation, or any member or partner of such
14 partnership or association shall have been convicted or found
15 guilty of a felony within a period of five years immediately
16 preceding the date of application for the said license. The
17 board shall refuse any application for a new license or the
18 transfer of any license to a location where the sale of liquid
19 fuels or oil is conducted. The board may, in its discretion,
20 refuse an application for an economic development license under
21 section 461(b.1) or an application for an intermunicipal
22 transfer of a license if the board receives a protest from the
23 governing body of the receiving municipality. The receiving
24 municipality of an intermunicipal transfer or an economic
25 development license under section 461(b.1) may file a protest
26 against the transfer of a license into its municipality, and the
27 receiving municipality shall have standing in a hearing to
28 present testimony in support of or against the issuance or
29 transfer of a license. Upon any opening in any quota, an
30 application for a new license shall only be filed with the board
20020H2574B4740 - 13 -
1 for a period of six months following said opening.
2 Section 3. Section 412 of the act is amended by adding a <--
3 subsection to read:
4 Section 412. Public Venue License.--* * *
5 SECTION 5. SECTION 406(A)(1) OF THE ACT, AMENDED NOVEMBER <--
6 10, 1999 (P.L.514, NO.47), IS AMENDED AND THE SECTION IS AMENDED
7 BY ADDING A SUBSECTION TO READ:
8 SECTION 406. SALES BY LIQUOR LICENSEES; RESTRICTIONS.--(A)
9 (1) EVERY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE MAY SELL
10 LIQUOR AND MALT OR BREWED BEVERAGES BY THE GLASS, OPEN BOTTLE OR
11 OTHER CONTAINER, AND IN ANY MIXTURE, FOR CONSUMPTION ONLY IN
12 THAT PART OF THE HOTEL OR RESTAURANT HABITUALLY USED FOR THE
13 SERVING OF FOOD TO GUESTS OR PATRONS, OR IN A BOWLING ALLEY THAT
14 IS IMMEDIATELY ADJACENT TO AND UNDER THE SAME ROOF AS A
15 RESTAURANT WHEN NO MINORS ARE PRESENT, UNLESS MINORS WHO ARE
16 PRESENT ARE UNDER PROPER SUPERVISION AS DEFINED IN SECTION 493,
17 IN THE BOWLING ALLEY, AND IN THE CASE OF HOTELS, TO GUESTS, AND
18 IN THE CASE OF CLUBS, TO MEMBERS, IN THEIR PRIVATE ROOMS IN THE
19 HOTEL OR CLUB. NO CLUB LICENSEE NOR ITS OFFICERS, SERVANTS,
20 AGENTS OR EMPLOYES, OTHER THAN ONE HOLDING A CATERING LICENSE,
21 SHALL SELL ANY LIQUOR OR MALT OR BREWED BEVERAGES TO ANY PERSON
22 EXCEPT A MEMBER OF THE CLUB. [IN THE CASE OF A RESTAURANT
23 LOCATED IN A HOTEL WHICH IS NOT OPERATED BY THE OWNER OF THE
24 HOTEL AND WHICH IS LICENSED TO SELL LIQUOR UNDER THIS ACT,
25 LIQUOR AND MALT OR BREWED BEVERAGES MAY BE SOLD] THE HOLDER OF A
26 RESTAURANT LICENSE LOCATED IN A HOTEL MAY SELL LIQUOR OR MALT OR
27 BREWED BEVERAGES FOR CONSUMPTION IN THAT PART OF THE RESTAURANT
28 HABITUALLY USED FOR THE SERVING OF MEALS TO PATRONS AND ALSO TO
29 GUESTS IN PRIVATE GUEST ROOMS IN THE HOTEL. FOR THE PURPOSE OF
30 THIS PARAGRAPH, ANY PERSON WHO IS AN ACTIVE MEMBER OF ANOTHER
20020H2574B4740 - 14 -
1 CLUB WHICH IS CHARTERED BY THE SAME STATE OR NATIONAL
2 ORGANIZATION SHALL HAVE THE SAME RIGHTS AND PRIVILEGES AS
3 MEMBERS OF THE PARTICULAR CLUB. FOR THE PURPOSE OF THIS
4 PARAGRAPH, ANY PERSON WHO IS AN ACTIVE MEMBER OF ANY VOLUNTEER
5 FIREFIGHTING COMPANY, ASSOCIATION OR GROUP OF THIS COMMONWEALTH,
6 WHETHER INCORPORATED OR UNINCORPORATED, SHALL UPON THE APPROVAL
7 OF ANY CLUB COMPOSED OF VOLUNTEER FIREMEN LICENSED UNDER THIS
8 ACT, HAVE THE SAME SOCIAL RIGHTS AND PRIVILEGES AS MEMBERS OF
9 SUCH LICENSED CLUB. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM
10 "ACTIVE MEMBER" SHALL NOT INCLUDE A SOCIAL MEMBER. ANY CLUB
11 LICENSEE WHICH IS EITHER AN INCORPORATED UNIT OF A NATIONAL
12 VETERANS' ORGANIZATION OR AN AFFILIATED ORGANIZATION AS DEFINED
13 IN SECTION 461.1 SHALL BE PERMITTED TO SELL LIQUOR OR MALT OR
14 BREWED BEVERAGES TO ANY ACTIVE MEMBER OF ANOTHER UNIT WHICH IS
15 CHARTERED BY THE SAME NATIONAL VETERANS' ORGANIZATION OR TO ANY
16 MEMBER OF A NATIONALLY CHARTERED AUXILIARY ASSOCIATED WITH THE
17 SAME NATIONAL VETERANS' ORGANIZATION.
18 * * *
19 (E) THE HOLDER OF A HOTEL LICENSE OR THE HOLDER OF A
20 RESTAURANT LICENSE LOCATED IN A HOTEL MAY ALLOW PERSONS TO
21 TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED
22 PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE
23 PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES
24 REMAIN ON THE HOTEL PROPERTY. IN ADDITION, A HOLDER OF A
25 RESTAURANT LICENSE LOCATED ON A GOLF COURSE MAY SELL, FURNISH OR
26 GIVE LIQUOR OR MALT OR BREWED BEVERAGES ON THE UNLICENSED
27 PORTION OF THE GOLF COURSE SO LONG AS THE LIQUOR OR MALT OR
28 BREWED BEVERAGES REMAIN ON THE RESTAURANT OR GOLF COURSE. THE
29 HOLDER OF A RESTAURANT LICENSE LOCATED IMMEDIATELY ADJACENT TO
30 AND UNDER THE SAME ROOF OF A BOWLING CENTER MAY ALLOW PERSONS TO
20020H2574B4740 - 15 -
1 TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED
2 PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE
3 PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES
4 REMAIN WITHIN THE BOWLING CENTER.
5 SECTION 6. SECTION 406.1 OF THE ACT, AMENDED JULY 1, 1994
6 (P.L.402, NO.61),IS AMENDED TO READ:
7 SECTION 406.1. SECONDARY SERVICE AREA.--(A) UPON
8 APPLICATION OF ANY RESTAURANT, HOTEL, CLUB[, ANY STADIUM AS
9 DESCRIBED IN SECTION 408.9 OR], MUNICIPAL GOLF COURSE LIQUOR
10 LICENSEE OR MANUFACTURER OF MALT OR BREWED BEVERAGES, AND
11 PAYMENT OF THE APPROPRIATE FEE, THE BOARD MAY APPROVE A
12 SECONDARY SERVICE AREA BY EXTENDING THE LICENSED PREMISES TO
13 INCLUDE ONE ADDITIONAL PERMANENT STRUCTURE WITH DIMENSIONS OF AT
14 LEAST ONE HUNDRED SEVENTY-FIVE SQUARE FEET, ENCLOSED ON THREE
15 SIDES AND HAVING ADEQUATE SEATING. SUCH SECONDARY SERVICE AREA
16 MUST BE LOCATED ON PROPERTY HAVING A MINIMUM AREA OF ONE (1)
17 ACRE, AND MUST BE ON LAND WHICH IS IMMEDIATE, ABUTTING, ADJACENT
18 OR CONTIGUOUS TO THE LICENSED PREMISES WITH NO INTERVENING
19 PUBLIC THOROUGHFARE, HOWEVER, THE ORIGINAL LICENSED PREMISES AND
20 THE SECONDARY SERVICE AREA MUST BE LOCATED ON THE SAME TRACT OF
21 LAND. [IN ANY STADIUM AS DESCRIBED IN SECTION 408.9, ONLY MALT
22 OR BREWED BEVERAGES MAY BE SERVED.] THERE SHALL BE NO
23 REQUIREMENT THAT THE SECONDARY SERVICE AREA BE PHYSICALLY
24 CONNECTED TO THE ORIGINAL LICENSED PREMISES. IN ADDITION, THERE
25 SHALL BE NO REQUIREMENT THAT THE SECONDARY SERVICE AREA BE
26 LOCATED IN THE SAME MUNICIPALITY AS THE ORIGINAL LICENSED
27 PREMISES, PROVIDED, HOWEVER, THAT THE BOARD SHALL NOT APPROVE A
28 SECONDARY SERVICE AREA IN THIS CASE IF THAT SECONDARY SERVICE
29 AREA IS LOCATED IN ANY MUNICIPALITY WHERE THE GRANTING OF LIQUOR
30 LICENSES HAS BEEN PROHIBITED AS PROVIDED IN THIS ARTICLE.
20020H2574B4740 - 16 -
1 NOTWITHSTANDING 40 PA. CODE § 7.21(C)(3), THE LICENSEE SHALL BE
2 PERMITTED TO STORE, SERVE, SELL OR DISPENSE FOOD, LIQUOR AND
3 MALT OR BREWED BEVERAGES AT THE BOARD APPROVED SECONDARY SERVICE
4 AREA.
5 (B) IF THE APPLICANT IS A MANUFACTURER OF MALT OR BREWED
6 BEVERAGES, THE BOARD MAY APPROVE A SECONDARY SERVICE AREA FOR
7 USE AS A BREWERY PUB PURSUANT TO SECTION 446, NOTWITHSTANDING
8 ANY INTERVENING PUBLIC THOROUGHFARE, SO LONG AS THE PROPOSED
9 SECONDARY SERVICE AREA IS WITHIN ONE THOUSAND FEET OF THE
10 LICENSED PREMISES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
11 ACT, THE LICENSED PREMISES AND THE SECONDARY SERVICE AREA MAY BE
12 LOCATED ON DIFFERENT TRACTS OF LANDS.
13 SECTION 7. SECTION 408.4 OF THE ACT, AMENDED OR ADDED APRIL
14 29, 1994 (P.L.212, NO.30), OCTOBER 5, 1994 (P.L.522, NO.77),
15 JUNE 18, 1998 (P.L.664, NO.86), DECEMBER 21, 1998 (P.L.1202,
16 NO.155), NOVEMBER 10, 1999 (P.L.514, NO.47) AND FEBRUARY 10,
17 2002 (P.L.103, NO.10), IS AMENDED TO READ:
18 SECTION 408.4. SPECIAL OCCASION PERMITS.--[(A) UPON
19 APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE
20 COMPANY, VOLUNTEER AMBULANCE COMPANY, VOLUNTEER RESCUE SQUAD,
21 UNIT OF A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB
22 LIQUOR LICENSE, NONPROFIT AGRICULTURAL ASSOCIATION IN EXISTENCE
23 FOR AT LEAST TEN YEARS, BONA FIDE SPORTSMEN'S CLUB IN EXISTENCE
24 FOR AT LEAST TEN YEARS, NATIONALLY CHARTERED VETERANS'
25 ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION OF SUCH
26 ORGANIZATION, FRATERNAL BENEFIT SOCIETY THAT IS LICENSED TO DO
27 BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED LODGE OR
28 SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, OR ONE AUXILIARY
29 OF ANY OF THE FOREGOING, AND UPON PAYMENT OF THE PRESCRIBED FEE
30 FOR SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF THE ACT OF
20020H2574B4740 - 17 -
1 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
2 CODE OF 1929," THE BOARD SHALL ISSUE A SPECIAL OCCASION PERMIT
3 GOOD FOR A PERIOD OF NOT MORE THAN SIX CONSECUTIVE OR
4 NONCONSECUTIVE DAYS DURING A CALENDAR YEAR. SPECIAL OCCASION
5 PERMITS MAY ALSO BE ISSUED TO A MUSEUM OPERATED BY A NONPROFIT
6 CORPORATION IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE
7 FIRST CLASS OR A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING
8 ARTS IN A CITY OF THE THIRD CLASS OR IN AN INCORPORATED TOWN OR
9 TO AN ARTS COUNCIL OR TO A NONPROFIT CORPORATION THAT OPERATES
10 AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS IN A
11 COUNTY OF THE FOURTH CLASS FOR A PERIOD OF NOT MORE THAN SIX
12 NONCONSECUTIVE OR TEN CONSECUTIVE DAYS AT THE PRESCRIBED FEE FOR
13 SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF "THE
14 ADMINISTRATIVE CODE OF 1929."
15 (A.1) UPON APPLICATION BY A NATIONALLY ACCREDITED
16 PENNSYLVANIA NONPROFIT ZOOLOGICAL INSTITUTION LICENSED BY THE
17 UNITED STATES DEPARTMENT OF AGRICULTURE, THE BOARD SHALL ISSUE A
18 SPECIAL OCCASION PERMIT IN ACCORDANCE WITH SUBSECTION (A) FOR
19 SIX NONCONSECUTIVE DAYS OR TEN CONSECUTIVE DAYS IN A CALENDAR
20 YEAR.
21 (B) IN ANY CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP IN
22 WHICH THE SALE OF LIQUOR AND/OR MALT OR BREWED BEVERAGES HAS
23 BEEN APPROVED BY THE ELECTORATE, SUCH SPECIAL OCCASION PERMIT
24 SHALL AUTHORIZE THE PERMITTEE TO SELL LIQUOR AND/OR MALT OR
25 BREWED BEVERAGES AS THE CASE MAY BE TO ANY ADULT PERSON ON ANY
26 DAY FOR WHICH THE PERMIT IS ISSUED.
27 (C) SUCH SPECIAL OCCASION PERMIT SHALL ONLY BE VALID FOR THE
28 NUMBER OF DAYS STATED IN THE PERMIT. ONLY ONE PERMIT MAY BE
29 ISSUED TO ANY PERMITTEE DURING THE YEAR. PROVIDED, THAT A MUSEUM
30 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
20020H2574B4740 - 18 -
1 OR TOWNSHIP OF THE FIRST CLASS, AND A NONPROFIT CORPORATION
2 ENGAGED IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS, OR
3 AN ARTS COUNCIL OR A NONPROFIT CORPORATION THAT OPERATES AN ARTS
4 FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS IN A COUNTY OF
5 THE FOURTH CLASS MAY BE ISSUED NO MORE THAN SIX PERMITS DURING
6 THE YEAR, EACH PERMIT BEING VALID FOR ONLY ONE DAY, OR IN THE
7 ALTERNATIVE, ONE PERMIT VALID FOR NO MORE THAN A TOTAL OF TEN
8 CONSECUTIVE DAYS PER YEAR, WHICH MAY BE ISSUED ONLY DURING THE
9 MONTH OF AUGUST.
10 (D) SUCH PERMITS SHALL ONLY BE ISSUED FOR USE AT A SPECIAL
11 EVENT INCLUDING, BUT NOT LIMITED TO BAZAARS, PICNICS AND
12 CLAMBAKES. THE SPECIAL EVENT MUST BE ONE WHICH IS USED BY THE
13 PERMITTEE AS A MEANS OF RAISING FUNDS FOR ITSELF.
14 (D.1) THE HOURS DURING WHICH THE HOLDER OF A SPECIAL
15 OCCASION PERMIT MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES
16 SHALL BE LIMITED TO THE HOURS SET FORTH IN SECTION 406 WHICH ARE
17 APPLICABLE TO HOTEL AND RESTAURANT LICENSEES. THE HOURS DURING
18 WHICH A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN
19 A CITY OF THE THIRD CLASS MAY SELL LIQUOR OR MALT OR BREWED
20 BEVERAGES PURSUANT TO A SPECIAL OCCASION PERMIT SHALL BE LIMITED
21 TO THOSE HOURS SET FORTH IN SECTION 408.3(G.1).
22 (D.2) AT LEAST FORTY-EIGHT HOURS PRIOR TO THE SALE OF ANY
23 LIQUOR OR MALT OR BREWED BEVERAGES, THE HOLDER OF A SPECIAL
24 OCCASION PERMIT SHALL NOTIFY THE LOCAL POLICE DEPARTMENT, OR IN
25 THE ABSENCE OF A LOCAL POLICE DEPARTMENT, THE PENNSYLVANIA STATE
26 POLICE, OF THE TIMES WHEN AND PLACE WHERE THE SALE OF LIQUOR OR
27 MALT OR BREWED BEVERAGES SHALL OCCUR.
28 (E) THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE
29 TO ANY OF THE FOLLOWING:
30 (1) A LICENSEE NOW OR HEREAFTER POSSESSING A CATERER'S
20020H2574B4740 - 19 -
1 LICENSE, OTHER THAN A VOLUNTEER FIRE COMPANY, VOLUNTEER
2 AMBULANCE COMPANY OR VOLUNTEER RESCUE SQUAD, WHICH OWNS ITS OWN
3 FACILITY AND WISHES TO USE ITS SPECIAL OCCASION PERMIT AT THAT
4 FACILITY.
5 (2) A PROFESSIONAL FUND RAISER.
6 (E.1) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY,
7 A PERMITTEE WHO IS A NONPROFIT ORGANIZATION AS DEFINED UNDER
8 SECTION 501(C)(4) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC
9 LAW 99-514, 26 U.S.C. § 501(C)(4)) MAY DO ANY OF THE FOLLOWING:
10 (1) IF THE PERMITTEE IS CONDUCTING A REGATTA, SELL FOR
11 CONSUMPTION LIQUOR AND MALT OR BREWED BEVERAGES IN OR ON THE
12 GROUNDS OF A STATE PARK LOCATED WITHIN A CITY OF THE SECOND
13 CLASS FOR A PERIOD NOT TO EXCEED TEN CONSECUTIVE DAYS PER
14 CALENDAR YEAR.
15 (2) IF THE PERMITTEE IS CONDUCTING A FAMILY-ORIENTED
16 CELEBRATION AS PART OF WELCOME AMERICA IN A CITY OF THE FIRST
17 CLASS ON PROPERTY LEASED FROM THAT CITY FOR A PERIOD OF MORE
18 THAN FIFTY YEARS, SELL FOR CONSUMPTION LIQUOR AND MALT OR BREWED
19 BEVERAGES ON SUCH LEASED PROPERTY FOR A PERIOD NOT TO EXCEED TEN
20 CONSECUTIVE DAYS PER CALENDAR YEAR.
21 (3) IF THE PERMITTEE IS A NONPROFIT CORPORATION DESIGNATED
22 BY A CITY OF THE FIRST CLASS TO CONDUCT A MILLENNIUM CELEBRATION
23 ON BEHALF OF THE CITY ON PROPERTY LOCATED AT FOUR SITES APPROVED
24 BY THE BOARD, SELL FOR CONSUMPTION CHAMPAGNE FOR A PERIOD NOT TO
25 EXCEED TWO CONSECUTIVE DAYS BETWEEN DECEMBER 31, 1999, AND
26 JANUARY 1, 2000.
27 (F) ANY PERSON SELLING LIQUOR OR MALT OR BREWED BEVERAGES IN
28 VIOLATION OF THIS SECTION SHALL, UPON SUMMARY CONVICTION, BE
29 SENTENCED TO PAY A FINE OF TWO HUNDRED FIFTY DOLLARS ($250) FOR
30 THE FIRST OFFENSE AND A FINE OF FIVE HUNDRED DOLLARS ($500) FOR
20020H2574B4740 - 20 -
1 EACH SUBSEQUENT OFFENSE. THIS FINE SHALL BE IN ADDITION TO ANY
2 OTHER PENALTY IMPOSED BY LAW FOR THE ILLEGAL SALE OF MALT OR
3 BREWED BEVERAGES.
4 (G) FOR THE PURPOSES OF THIS SECTION, "ARTS COUNCIL" MEANS A
5 TAX-EXEMPT ORGANIZATION WHICH PROMOTES THE VISUAL ARTS,
6 PERFORMING ARTS, OR BOTH, AND WHICH RECEIVES FUNDING UNDER THE
7 LOCAL ARTS SERVICES PROGRAM ADMINISTERED BY THE PENNSYLVANIA
8 COUNCIL ON THE ARTS.]
9 (H) THE BOARD MAY ISSUE A SPECIAL OCCASION PERMIT TO AN
10 ELIGIBLE ENTITY. THE BOARD MAY ALSO ISSUE A SPECIAL OCCASION
11 PERMIT TO ONE AUXILIARY OF ANY ELIGIBLE ENTITY. ANY ELIGIBLE
12 ENTITY THAT WISHES TO ACQUIRE A SPECIAL OCCASION PERMIT MUST
13 SUBMIT A WRITTEN APPLICATION TO THE BOARD IN SUCH FORM AND
14 CONTAINING SUCH INFORMATION AS THE BOARD SHALL FROM TIME TO TIME
15 PRESCRIBE. THE FEE FOR SPECIAL OCCASION PERMITS SHALL BE AS SET
16 FORTH UNDER SECTION 614-A(24) OF THE ACT OF APRIL 9, 1929
17 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
18 (I) ONLY ONE SPECIAL OCCASION PERMIT SHALL BE ISSUED TO EACH
19 ELIGIBLE ENTITY PER CALENDAR YEAR. EACH PERMIT MAY ONLY BE USED
20 FOR SIX CONSECUTIVE OR NONCONSECUTIVE DAYS; HOWEVER, IF THE
21 ELIGIBLE ENTITY IS A MUSEUM OPERATED BY A NONPROFIT CORPORATION
22 IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE FIRST CLASS, A
23 NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN A CITY
24 OF THE THIRD CLASS OR IN AN INCORPORATED TOWN, OR AN ARTS
25 COUNCIL, THEN THE SPECIAL OCCASION PERMIT MAY BE USED FOR SIX
26 NONCONSECUTIVE OR TEN CONSECUTIVE DAYS.
27 (J) THE ELIGIBLE ENTITY SHALL GIVE THE LOCAL POLICE
28 DEPARTMENT OR THE PENNSYLVANIA STATE POLICE, IF THERE IS NO
29 LOCAL POLICE DEPARTMENT, WRITTEN NOTICE AT LEAST FORTY-EIGHT
30 HOURS PRIOR TO EACH USE OF THE SPECIAL OCCASION PERMIT. WRITTEN
20020H2574B4740 - 21 -
1 NOTICE CONSISTS OF NOTIFYING THE POLICE OF THE DATE, TIME AND
2 PLACE OF THE IMPENDING SALE OF ALCOHOLIC BEVERAGES.
3 (K) SPECIAL OCCASION PERMIT HOLDERS MAY SELL ALCOHOLIC
4 BEVERAGES DURING THE SAME HOURS AS RESTAURANT LIQUOR LICENSE
5 HOLDERS. IN ADDITION, SPECIAL OCCASION PERMIT HOLDERS MAY SELL
6 ANY TYPE OF ALCOHOL FOR CONSUMPTION OFF THE LICENSED PREMISES.
7 (L) THE ISSUANCE OF A SPECIAL OCCASION PERMIT DOES NOT
8 PRECLUDE THE ELIGIBLE ENTITY FROM ACQUIRING AND RETAINING ANY
9 OTHER LIQUOR LICENSE TO WHICH IT MAY BE ENTITLED; HOWEVER, THE
10 BOARD SHALL NOT ISSUE A SPECIAL OCCASION PERMIT FOR PREMISES
11 ALREADY LICENSED BY THE BOARD UNLESS THE APPLICANT OWNS THE
12 PREMISES AND IS A VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE
13 COMPANY OR VOLUNTEER AMBULANCE SQUAD.
14 (M) THE PURPOSE OF A SPECIAL OCCASION PERMIT IS TO PROVIDE
15 THE ELIGIBLE ENTITY WITH A MEANS OF RAISING FUNDS FOR ITSELF.
16 THE PERMIT MAY BE USED IN CONJUNCTION WITH ACTIVITIES AND EVENTS
17 INVOLVING OTHER ENTITIES; HOWEVER, NO ONE OTHER THAN THE HOLDER
18 OF THE SPECIAL OCCASION PERMIT MAY ACQUIRE A PECUNIARY INTEREST
19 IN THE PERMIT.
20 (N) THE BOARD MAY REFUSE TO ISSUE A SPECIAL OCCASION PERMIT
21 IF IT FINDS THAT THE APPLICANT IS NOT REPUTABLE, OR DOES NOT
22 OTHERWISE MEET THE REQUIREMENTS OF THIS ACT. THE RIGHT TO REFUSE
23 TO ISSUE A SPECIAL OCCASION PERMIT MAY BE BASED IN WHOLE OR IN
24 PART ON THE APPLICANT'S PRIOR OPERATIONAL HISTORY WITH EITHER A
25 SPECIAL OCCASION PERMIT OR A LICENSE ISSUED BY THE BOARD.
26 (O) THE HOLDER OF A SPECIAL OCCASION PERMIT IS SUBJECT TO
27 THE PROVISIONS OF SECTION 493(1).
28 (P) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF
29 THE ELIGIBLE ENTITY IS A REGATTA IN A CITY OF THE SECOND CLASS
30 HELD ON THE GROUNDS OF A STATE PARK, THE REGATTA MAY INSTALL A
20020H2574B4740 - 22 -
1 SECURITY FENCE OR SIMILAR ENCLOSURE AROUND THE BOUNDARY OF THE
2 STATE PARK OR A PORTION OF THE STATE PARK DURING THE REGATTA AND
3 MAY CHARGE AN ADMITTANCE FEE NOT TO EXCEED FIVE DOLLARS ($5) PER
4 DAY.
5 SECTION 8. SECTIONS 409(C) AND 410(D) OF THE ACT ARE AMENDED
6 TO READ:
7 SECTION 409. SACRAMENTAL WINE LICENSES; FEES; PRIVILEGES;
8 RESTRICTIONS.--* * *
9 (C) IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION
10 MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES OR A
11 RESIDENT ALIEN AND A RESIDENT OF THIS COMMONWEALTH. IF THE
12 APPLICANT IS AN ASSOCIATION OR PARTNERSHIP, EACH AND EVERY
13 MEMBER OF THE ASSOCIATION OR PARTNERSHIP MUST BE A CITIZEN OF
14 THE UNITED STATES OR A RESIDENT ALIEN AND A RESIDENT OF THIS
15 COMMONWEALTH. IF THE APPLICANT IS A CORPORATION, THE APPLICATION
16 MUST SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF
17 PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT
18 BUSINESS IN PENNSYLVANIA, AND THAT ALL OFFICERS, DIRECTORS AND
19 STOCKHOLDERS ARE CITIZENS OF THE UNITED STATES OR RESIDENT
20 ALIENS.
21 * * *
22 SECTION 410. LIQUOR IMPORTERS' LICENSES; FEES; PRIVILEGES;
23 RESTRICTIONS.--* * *
24 (D) IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION
25 MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES OR A
26 RESIDENT ALIEN AND A RESIDENT OF THIS COMMONWEALTH. IF THE
27 APPLICANT IS AN ASSOCIATION OR PARTNERSHIP, EACH AND EVERY
28 MEMBER OF THE ASSOCIATION OR PARTNERSHIP MUST BE A CITIZEN OF
29 THE UNITED STATES OR A RESIDENT ALIEN AND A RESIDENT OF THIS
30 COMMONWEALTH. IF THE APPLICANT IS A CORPORATION, THE APPLICATION
20020H2574B4740 - 23 -
1 MUST SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF
2 PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT
3 BUSINESS IN PENNSYLVANIA, AND THAT ALL OFFICERS, DIRECTORS AND
4 STOCKHOLDERS ARE CITIZENS OF THE UNITED STATES OR RESIDENT
5 ALIENS.
6 * * *
7 SECTION 9. SECTION 412(F)(4) OF THE ACT, AMENDED FEBRUARY
8 21, 2002 (P.L.103, NO.10), IS AMENDED AND THE SECTION IS AMENDED
9 BY ADDING A SUBSECTION TO READ:
10 SECTION 412. PUBLIC VENUE LICENSE.--* * *
11 (F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED
12 RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL
13 RESTRICTIONS AND PRIVILEGES APPLY:
14 * * *
15 (4) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT
16 TO: (I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (II)
17 THE QUOTA RESTRICTIONS OF SECTION 461; (IV) THE PROVISIONS OF
18 SECTION 493(10) EXCEPT AS THEY RELATE TO LEWD, IMMORAL OR
19 IMPROPER ENTERTAINMENT; [AND] (V) THE PROHIBITION AGAINST MINORS
20 FREQUENTING AS DESCRIBED IN SECTION 493(14) AND (VI) THE COST
21 AND TOTAL DISPLAY AREA LIMITATIONS OF SECTION 493(20)(I). IN
22 ADDITION, LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE
23 SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN SECTION 102.
24 (g) The board is authorized to issue multiple licenses under
25 this section for use in a public venue with permanent seating of
26 at least thirty-five thousand (35,000) people. If the board does
27 issue more than one license for a specific public venue, written
28 notice of the event must be provided to the enforcement bureau
29 at least forty-eight hours in advance of the dispensing of any
30 liquor or malt or brewed beverages. The notice shall include the
20020H2574B4740 - 24 -
1 date, time and specific licensed areas to be used. No more than
2 one license issued under this section shall be in effect at any
3 location at any time of day at the same time.
4 Section 4 10. Section 431(b) of the act, amended December <--
5 21, 1998 (P.L.1202, No.155), is amended to read:
6 Section 431. Malt and Brewed Beverages Manufacturers',
7 Distributors' and Importing Distributors' Licenses.--* * *
8 (b) The board shall issue to any reputable person who
9 applies therefor, and pays the license fee hereinafter
10 prescribed, a distributor's or importing distributor's license
11 for the place which such person desires to maintain for the sale
12 of malt or brewed beverages, not for consumption on the premises
13 where sold, and in quantities of not less than a case or
14 original containers containing one hundred twenty-eight ounces
15 or more which may be sold separately as prepared for the market
16 by the manufacturer at the place of manufacture. The board may
17 enter into an agreement with the applicant concerning additional
18 restrictions on the license in question. If the board and the
19 applicant enter into such an agreement, such agreement shall be
20 binding on the applicant. Failure by the applicant to adhere to
21 the agreement will be sufficient cause to form the basis for a
22 citation under section 471 and for the nonrenewal of the license
23 under section 470. In the event that a licensee violates the
24 agreement on three separate occasions, the license shall be
25 revoked. If the board enters into an agreement with an applicant
26 concerning additional restrictions, those restrictions shall be
27 binding on subsequent owners of the license until the license is
28 transferred to a new location or until the board enters into a
29 subsequent agreement removing those restrictions. If the
30 application in question involves a location previously licensed
20020H2574B4740 - 25 -
1 by the board then any restrictions imposed by the board on the
2 previous license at that location shall be binding on the
3 applicant unless the board enters into a new agreement
4 rescinding those restrictions. The board shall have the
5 discretion to refuse a license to any person or to any
6 corporation, partnership or association if such person, or any
7 officer or director of such corporation, or any member or
8 partner of such partnership or association shall have been
9 convicted or found guilty of a felony within a period of five
10 years immediately preceding the date of application for the said
11 license: And provided further, That, in the case of any new
12 license or the transfer of any license to a new location, the
13 board may, in its discretion, grant or refuse such new license
14 or transfer if such place proposed to be licensed is within
15 three hundred feet of any church, hospital, charitable
16 institution, school or public playground, or if such new license
17 or transfer is applied for a place which is within two hundred
18 feet of any other premises which is licensed by the board: And
19 provided further, That the board shall refuse any application
20 for a new license or the transfer of any license to a new
21 location if, in the board's opinion, such new license or
22 transfer would be detrimental to the welfare, health, peace and
23 morals of the inhabitants of the neighborhood within a radius of
24 five hundred feet of the place proposed to be licensed. The
25 board shall refuse any application for a new license or the
26 transfer of any license to a location where the sale of liquid
27 fuels or oil is conducted. The board shall require notice to be
28 posted on the property or premises upon which the licensee or
29 proposed licensee will engage in sales of malt or brewed
30 beverages. This notice shall be similar to the notice required
20020H2574B4740 - 26 -
1 of hotel, restaurant and club liquor licensees.
2 Except as hereinafter provided, such license shall authorize
3 the holder thereof to sell or deliver malt or brewed beverages
4 in quantities above specified anywhere within the Commonwealth
5 of Pennsylvania, which, in the case of distributors, have been
6 purchased only from persons licensed under this act as
7 manufacturers or importing distributors, and in the case of
8 importing distributors, have been purchased from manufacturers
9 or persons outside this Commonwealth engaged in the legal sale
10 of malt or brewed beverages or from manufacturers or importing
11 distributors licensed under this article. In the case of an
12 importing distributor, the holder of such a license shall be
13 authorized to store malt or brewed beverages owned by an out of
14 State manufacturer at a segregated portion of a warehouse or
15 other storage facility authorized by section 441(d) and operated
16 by the importing distributor within its appointed territory and
17 deliver such beverages to another importing distributor who has
18 been granted distribution rights by the out of State
19 manufacturer as provided herein. The importing distributor shall
20 be permitted to receive a fee from the out of State manufacturer
21 for any related storage or delivery services. In the case of a
22 bailee for hire hired by an out of State manufacturer, the
23 holder of such a permit shall be authorized: to receive or store
24 malt or brewed beverages under the same conditions as permitted
25 for a distributor or importing distributor under section 441(f)
26 produced by that out of State manufacturer for sale by that
27 manufacturer to importing distributors to whom that out of State
28 manufacturer has given distribution rights pursuant to this
29 subsection or to purchasers outside this Commonwealth for
30 delivery outside this Commonwealth; or to ship to that out of
20020H2574B4740 - 27 -
1 State manufacturer's storage facilities outside this
2 Commonwealth. The bailee for hire shall be permitted to receive
3 a fee from the out of State manufacturer for any related storage
4 or delivery services. The bailee for hire shall, as required in
5 Article V of this act, keep complete and accurate records of all
6 transactions, inventory, receipts and shipments and make all
7 records and the licensed areas available for inspection by the
8 board and for the Pennsylvania State Police, Bureau of Liquor
9 Control Enforcement, during normal business hours.
10 Each out of State manufacturer of malt or brewed beverages
11 whose products are sold and delivered in this Commonwealth shall
12 give distributing rights for such products in designated
13 geographical areas to specific importing distributors, and such
14 importing distributor shall not sell or deliver malt or brewed
15 beverages manufactured by the out of State manufacturer to any
16 person issued a license under the provisions of this act whose
17 licensed premises are not located within the geographical area
18 for which he has been given distributing rights by such
19 manufacturer. Should a licensee accept the delivery of such malt
20 or brewed beverages in violation of this section, said licensee
21 shall be subject to a suspension of his license for at least
22 thirty days: Provided, That the importing distributor holding
23 such distributing rights for such product shall not sell or
24 deliver the same to another importing distributor without first
25 having entered into a written agreement with the said secondary
26 importing distributor setting forth the terms and conditions
27 under which such products are to be resold within the territory
28 granted to the primary importing distributor by the
29 manufacturer.
30 When a Pennsylvania manufacturer of malt or brewed beverages
20020H2574B4740 - 28 -
1 licensed under this article names or constitutes a distributor
2 or importing distributor as the primary or original supplier of
3 his product, he shall also designate the specific geographical
4 area for which the said distributor or importing distributor is
5 given distributing rights, and such distributor or importing
6 distributor shall not sell or deliver the products of such
7 manufacturer to any person issued a license under the provisions
8 of this act whose licensed premises are not located within the
9 geographical area for which distributing rights have been given
10 to the distributor and importing distributor by the said
11 manufacturer: Provided, That the importing distributor holding
12 such distributing rights for such product shall not sell or
13 deliver the same to another importing distributor without first
14 having entered into a written agreement with the said secondary
15 importing distributor setting forth the terms and conditions
16 under which such products are to be resold within the territory
17 granted to the primary importing distributor by the
18 manufacturer. Nothing herein contained shall be construed to
19 prevent any manufacturer from authorizing the importing
20 distributor holding the distributing rights for a designated
21 geographical area from selling the products of such manufacturer
22 to another importing distributor also holding distributing
23 rights from the same manufacturer for another geographical area,
24 providing such authority be contained in writing and a copy
25 thereof be given to each of the importing distributors so
26 affected.
27 * * *
28 Section 5 11. Section 432(d) and (e) of the act, amended <--
29 December 20, 2000 (P.L.992, No.141), are amended to read:
30 Section 432. Malt and Brewed Beverages Retail Licenses.--* *
20020H2574B4740 - 29 -
1 *
2 (d) The board shall, in its discretion, grant or refuse any
3 new license or the transfer of any license to a new location if
4 such place proposed to be licensed is within three hundred feet
5 of any church, hospital, charitable institution, school, or
6 public playground, or if such new license or transfer is applied
7 for a place which is within two hundred feet of any other
8 premises which is licensed by the board. The board may enter
9 into an agreement with the applicant concerning additional
10 restrictions on the license in question. If the board and the
11 applicant enter into such an agreement, such agreement shall be
12 binding on the applicant. Failure by the applicant to adhere to
13 the agreement will be sufficient cause to form the basis for a
14 citation under section 471 and for the nonrenewal of the license
15 under section 470. In the event that a licensee violates the
16 agreement on three separate occasions, the license shall be
17 revoked. If the board enters into an agreement with an applicant
18 concerning additional restrictions, those restrictions shall be
19 binding on subsequent owners of the license until the license is
20 transferred to a new location or until the board enters into a
21 subsequent agreement removing those restrictions. If the
22 application in question involves a location previously licensed
23 by the board then any restrictions imposed by the board on the
24 previous license at that location shall be binding on the
25 applicant unless the board enters into a new agreement
26 rescinding those restrictions. The board shall refuse any
27 application for a new license or the transfer of any license to
28 a new location if, in the board's opinion, such new license or
29 transfer would be detrimental to the welfare, health, peace and
30 morals of the inhabitants of the neighborhood within a radius of
20020H2574B4740 - 30 -
1 five hundred feet of the place to be licensed. The board shall
2 refuse any application for a new license or the transfer of any
3 license to a location where the sale of liquid fuels or oil is
4 conducted: And provided further, That the board shall have the
5 discretion to refuse a license to any person or to any
6 corporation, partnership or association if such person, or any
7 officer or director of such corporation, or any member or
8 partner of such partnership or association shall have been
9 convicted or found guilty of a felony within a period of five
10 years immediately preceding the date of application for the said
11 license. The board may, in its discretion, refuse an application
12 for an economic development license under section 461(b.1) or an
13 application for an intermunicipal transfer or a license if the
14 board receives a protest from the governing body of the
15 receiving municipality. The receiving municipality of an
16 intermunicipal transfer or an economic development license under
17 section 461(b.1) may file a protest against the approval for
18 issuance of a license for economic development or an
19 intermunicipal transfer of a license into its municipality, and
20 such municipality shall have standing in a hearing to present
21 testimony in support of or against the issuance or transfer of a
22 license. Upon any opening in any quota, an application for a new
23 license shall only be filed with the board for a period of six
24 months following said opening.
25 (e) Every applicant for a new or for the transfer of an
26 existing license to another premises not then licensed shall
27 post, for a period of at least [fifteen] thirty days beginning
28 with the day the application is filed with the board, in a
29 conspicuous place on the outside of the premises or in a window
30 plainly visible from the outside of the premises for which the
20020H2574B4740 - 31 -
1 license is applied or at the proposed new location, a notice of
2 such application[,]. The notice shall indicate whether the
3 applicant is applying for the amusement permit required by
4 section 493(10). The notice shall be in such form, be of such
5 size, and [containing] contain such provisions as the board may
6 require by its regulations. Proof of the posting of such notice
7 shall be filed with the board.
8 * * *
9 SECTION 12. SECTION 436(B) OF THE ACT, AMENDED FEBRUARY 21, <--
10 2002 (P.L.103, NO.10), IS AMENDED TO READ:
11 SECTION 436. APPLICATION FOR DISTRIBUTORS', IMPORTING
12 DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES.--APPLICATION FOR
13 DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS'
14 LICENSES, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER
15 PREMISES NOT THEN LICENSED, OR TO ANOTHER PERSON, SHALL CONTAIN
16 OR HAVE ATTACHED THERETO THE FOLLOWING INFORMATION AND
17 STATEMENTS:
18 * * *
19 (B) THE PARTICULAR PLACE FOR WHICH THE LICENSE IS DESIRED
20 AND A DETAILED DESCRIPTION THEREOF. THE DESCRIPTION, INFORMATION
21 AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW THE PREMISES
22 OR THE PROPOSED LOCATION FOR THE CONSTRUCTION OF THE PREMISES AT
23 THE TIME THE APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS
24 PROPOSED TO BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE
25 CONSTRUCTED AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION
26 FOR A LICENSE, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO
27 ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER PERSON. NO
28 PHYSICAL ALTERATIONS, IMPROVEMENTS OR CHANGES SHALL BE REQUIRED
29 TO BE MADE TO ANY HOTEL, EATING PLACE OR CLUB, NOR SHALL ANY NEW
30 BUILDING FOR ANY SUCH PURPOSE BE REQUIRED TO BE CONSTRUCTED
20020H2574B4740 - 32 -
1 UNTIL APPROVAL OF THE APPLICATION FOR LICENSE OR FOR THE
2 TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
3 LICENSED OR TO ANOTHER PERSON BY THE BOARD. AFTER APPROVAL OF
4 THE APPLICATION, THE LICENSEE SHALL MAKE THE PHYSICAL
5 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
6 OR SHALL CONSTRUCT THE NEW BUILDING IN THE MANNER SPECIFIED BY
7 THE BOARD AT THE TIME OF APPROVAL. THE LICENSEE SHALL NOT
8 TRANSACT ANY BUSINESS UNDER THE LICENSE UNTIL THE BOARD HAS
9 APPROVED THE COMPLETED PHYSICAL ALTERATIONS, IMPROVEMENTS AND
10 CHANGES OF THE LICENSED PREMISES OR THE COMPLETED CONSTRUCTION
11 OF THE NEW BUILDING AS CONFORMING TO THE SPECIFICATIONS REQUIRED
12 BY THE BOARD AT THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE
13 AND IS SATISFIED THAT THE PREMISES MEET THE REQUIREMENTS FOR A
14 DISTRIBUTOR'S OR IMPORTING DISTRIBUTOR'S LICENSE AS SET FORTH IN
15 THIS ACT OR THAT THE ESTABLISHMENT IS AN EATING PLACE, HOTEL OR
16 CLUB AS DEFINED BY THIS ACT. THE BOARD MAY REQUIRE THAT ALL SUCH
17 ALTERATIONS OR CONSTRUCTION OR CONFORMITY TO DEFINITION BE
18 COMPLETED WITHIN SIX MONTHS FROM THE TIME OF ISSUANCE OR
19 TRANSFER OF THE LICENSE. FAILURE TO COMPLY WITH THESE
20 REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION OF THE
21 LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN THE TIME
22 OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL OF THE
23 COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND FULL
24 COMPLIANCE BY THE LICENSEE WITH THE REQUIREMENTS OF THIS ACT,
25 EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL
26 COMPLIANCE WITH ALL OF THE AFOREMENTIONED REQUIREMENTS[,] OR
27 UNLESS FULL COMPLIANCE IS IMPOSSIBLE FOR REASONS BEYOND THE
28 LICENSEE'S CONTROL, IN WHICH EVENT THE LICENSE MAY BE
29 TRANSFERRED BY THE BOARD AS PROVIDED IN THIS ACT.
30 * * *
20020H2574B4740 - 33 -
1 Section 6 13. Section 441(b) of the act, amended May 31, <--
2 1996 (P.L.312, No.49), is amended to read:
3 Section 441. Distributors' and Importing Distributors'
4 Restrictions on Sales, Storage, Etc.--* * *
5 (b) No distributor or importing distributor shall sell any
6 malt or brewed beverages in quantities of less than a case or
7 original containers containing one hundred twenty-eight ounces
8 or more which may be sold separately: Provided, That no malt or
9 brewed beverages sold or delivered shall be consumed upon the
10 premises of the distributor or importing distributor, or in any
11 place provided for such purpose by such distributor or importing
12 distributor. Notwithstanding this section or any other section
13 of this act, malt or brewed beverages which are part of a
14 tasting conducted pursuant to the board's regulations may be
15 consumed on licensed premises.
16 SECTION 14 1. SECTION 442 OF THE ACT IS AMENDED BY ADDING A <--
17 SUBSECTION TO READ:
18 SECTION 442. RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES
19 AND SALES.--* * *
20 (E) THE HOLDER OF A RETAIL DISPENSER LICENSE LOCATED IN A
21 HOTEL MAY ALLOW PERSONS TO TRANSPORT MALT OR BREWED BEVERAGES
22 FROM THE LICENSED PORTION OF THE PREMISES TO THE UNLICENSED
23 PORTION OF THE PREMISES SO LONG AS THE MALT OR BREWED BEVERAGES
24 REMAIN ON THE HOTEL PROPERTY. IN ADDITION, THE HOLDER OF A <--
25 RETAIL DISPENSER LICENSE LOCATED ON A GOLF COURSE MAY ALLOW ITS
26 PATRONS TO ORDER MALT OR BREWED BEVERAGES ON LICENSED PREMISES
27 FOR SUBSEQUENT DELIVERY BY THE LICENSEE ON NONLICENSED PORTIONS
28 OF THE PREMISES, INCLUDING THE GOLF COURSE.
29 Section 7 15. Section 470(a) of the act, amended December <--
30 21, 1998 (P.L.1202, No.155), is amended to read:
20020H2574B4740 - 34 -
1 Section 470. Renewal of Licenses; Temporary Provisions for
2 Licensees in Armed Service.--(a) All applications for renewal
3 of licenses under the provisions of this article shall be filed
4 with tax clearance from the Department of Revenue and the
5 Department of Labor and Industry and requisite license and
6 filing fees at least sixty days before the expiration date of
7 same: Provided, however, That the board, in its discretion, may
8 accept nunc pro tunc a renewal application filed less than sixty
9 days before the expiration date of the license with the required
10 fees, upon reasonable cause shown and the payment of an
11 additional filing fee of one hundred dollars ($100.00) for late
12 filing: And provided further, That except where the failure to
13 file a renewal application on or before the expiration date has
14 created a license quota vacancy after said expiration date which
15 has been filled by the issuance of a new license, after such
16 expiration date, but before the board has received a renewal
17 application nunc pro tunc within the time prescribed herein the
18 board, in its discretion, may, after hearing, accept a renewal
19 application filed within two years after the expiration date of
20 the license with the required fees upon the payment of an
21 additional filing fee of two hundred fifty dollars ($250.00) for
22 late filing. Where any such renewal application is filed less
23 than sixty days before the expiration date, or subsequent to the
24 expiration date, no license shall issue upon the filing of the
25 renewal application until the matter is finally determined by
26 the board and if an appeal is taken from the board's action the
27 courts shall not order the issuance of the renewal license until
28 final determination of the matter by the courts. The board may
29 enter into an agreement with the applicant concerning additional
30 restrictions on the license in question. If the board and the
20020H2574B4740 - 35 -
1 applicant enter into such an agreement, such agreement shall be
2 binding on the applicant. Failure by the applicant to adhere to
3 the agreement will be sufficient cause to form the basis for a
4 citation under section 471 and for the nonrenewal of the license
5 under this section. In the event that a licensee violates the
6 agreement on three separate occasions, the license shall be
7 revoked. A renewal application will not be considered filed
8 unless accompanied by the requisite filing and license fees and
9 any additional filing fee required by this section. Unless the
10 board shall have given ten days' previous notice to the
11 applicant of objections to the renewal of his license, based
12 upon violation by the licensee or his servants, agents or
13 employes of any of the laws of the Commonwealth or regulations
14 of the board relating to the manufacture, transportation, use,
15 storage, importation, possession or sale of liquors, alcohol or
16 malt or brewed beverages, or the conduct of a licensed
17 establishment, or unless the applicant has by his own act become
18 a person of ill repute, or unless the premises do not meet the
19 requirements of this act or the regulations of the board, the
20 license of a licensee shall be renewed.
21 * * *
22 Section 8 16. Section 471(c) of the act, amended February <--
23 21, 2002 (P.L.103, No.10), is amended to read:
24 Section 471. Revocation and Suspension of Licenses; Fines.--
25 * * *
26 (c) The administrative law judge may consider the licensee's
27 prior citation history when imposing a penalty. If the violation
28 in question is a third or subsequent violation of [this act] any
29 offense referred to in subsection (b) or Title 18 of the
30 Pennsylvania Consolidated Statutes (relating to crimes and
20020H2574B4740 - 36 -
1 offenses), occurring within a period of four years, the
2 administrative law judge shall impose a suspension or
3 revocation.
4 * * *
5 SECTION 17. SECTION 472 OF THE ACT IS AMENDED BY ADDING A <--
6 SUBSECTION TO READ:
7 SECTION 472. LOCAL OPTION.--* * *
8 (E) A VOTE ON THE BALLOT QUESTION REGARDING THE GRANTING OF
9 LIQUOR LICENSES THAT CHANGES THE MUNICIPALITY'S STATUS ON THAT
10 ISSUE SUPERSEDES ANY EARLIER CONTRARY VOTES ON THE GRANTING OF
11 LIQUOR LICENSES TO PUBLIC VENUES, PERFORMING ARTS FACILITIES,
12 HOTELS, GOLF COURSES, INCORPORATED UNITS OF NATIONAL VETERANS'
13 CLUBS AND SPECIAL OCCASION PERMITS. IN ADDITION, A VOTE ON THE
14 BALLOT QUESTION REGARDING THE GRANTING OF LIQUOR LICENSES THAT
15 CHANGES THE MUNICIPALITY'S STATUS ON THAT ISSUE SUPERSEDES ANY
16 EARLIER CONTRARY VOTES ON THE ISSUANCE OF GRANTING LICENSES TO
17 RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES.
18 SECTION 18. SECTION 472.3(A) OF THE ACT IS AMENDED TO READ:
19 SECTION 472.3. EXCHANGE OF CERTAIN LICENSES.--(A) [IN ANY
20 MUNICIPALITY WHEREIN RESTAURANT LIQUOR LICENSE ISSUE, THE] THE
21 BOARD MAY ISSUE TO A CLUB AS DEFINED IN THIS ACT, A CLUB LIQUOR
22 LICENSE IN EXCHANGE FOR A CLUB RETAIL DISPENSER LICENSE IN ANY
23 MUNICIPALITY WHICH HAS APPROVED THE GRANTING OF LIQUOR LICENSES.
24 * * *
25 Section 9 19. The act is amended by adding a section to <--
26 read:
27 Section 474.1. Surrender of Restaurant, Eating Place Retail
28 Dispenser, Hotel, Importing Distributor and Distributor License
29 for Benefit of Licensee.--(a) A restaurant, eating place retail
30 dispenser, hotel, importing distributor and distributor licensee
20020H2574B4740 - 37 -
1 whose licensed establishment is not in operation for fifteen
2 consecutive days shall return its license for safekeeping with
3 the board no later than at the expiration of the fifteen-day
4 period. The license may only be reissued from safekeeping in the
5 manner set forth by the board through regulation.
6 (b) The board may hold the license in safekeeping for a
7 period not to exceed three consecutive years. Any license
8 remaining in safekeeping for more than three consecutive years
9 shall be immediately revoked by the Bureau of Licensing unless a
10 transfer application or request for reissue from safekeeping has
11 been filed prior to the expiration of the three-year period. The
12 board shall extend the period for an additional year if at the
13 end of the three-year period, the licensed premises are
14 unavailable due to fire, flood or other similar natural
15 disaster.
16 (c) In the event a transfer application filed prior to the
17 expiration of the three-year period is disapproved by the board,
18 through its exercise of discretion, then the license may remain
19 in safekeeping for an additional period of three consecutive
20 months after the board's decision to refuse the transfer
21 application. Failure to remove the license from safekeeping or
22 to file another transfer application prior to the expiration of
23 the three-month period of time shall result in revocation of the
24 license.
25 (d) Any period of time in which the licensee allows the
26 license to lapse by not filing a timely license renewal or
27 license validation shall be considered time in which the license
28 was held in safekeeping, for purposes of this section.
29 (e) A license placed in safekeeping prior to the effective
30 date of this act will be deemed to have been placed in
20020H2574B4740 - 38 -
1 safekeeping on the effective date of this act, for purposes of
2 this section.
3 SECTION 20. SECTION 478(C) OF THE ACT IS REPEALED. <--
4 SECTION 21. SECTION 491(7) AND (11) OF THE ACT, AMENDED
5 FEBRUARY 21, 2002 (P.L.103, NO.10), ARE AMENDED TO READ:
6 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND
7 LIQUOR LICENSEES.--
8 IT SHALL BE UNLAWFUL--
9 * * *
10 (7) SALES OF LIQUOR BY MANUFACTURERS AND LICENSED IMPORTERS.
11 FOR ANY MANUFACTURER OR LICENSED IMPORTER OF LIQUOR IN THIS
12 COMMONWEALTH, HIS AGENTS, SERVANTS OR EMPLOYES, TO SELL OR OFFER
13 TO SELL ANY LIQUOR IN THIS COMMONWEALTH EXCEPT TO THE BOARD FOR
14 USE IN PENNSYLVANIA LIQUOR STORES, AND IN THE CASE OF A
15 MANUFACTURER, TO THE HOLDER OF A SACRAMENTAL WINE LICENSE OR AN
16 IMPORTER'S LICENSE[, BUT A MANUFACTURER OR LICENSED IMPORTER MAY
17 SELL OR OFFER TO SELL LIQUOR TO PERSONS OUTSIDE OF THIS
18 COMMONWEALTH]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT,
19 A MANUFACTURER OR LICENSED IMPORTER MAY SELL OR OFFER TO SELL
20 LIQUOR FOR DELIVERY OUTSIDE OF THIS COMMONWEALTH.
21 * * *
22 (11) IMPORTATION OF LIQUOR. FOR ANY PERSON, OTHER THAN THE
23 BOARD OR THE HOLDER OF A SACRAMENTAL WINE LICENSE, AN IMPORTER'S
24 LICENSE OR A DIRECT SHIPPER'S LICENSE, TO IMPORT ANY LIQUOR
25 WHATSOEVER INTO THIS COMMONWEALTH, BUT THIS SECTION SHALL NOT BE
26 CONSTRUED TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM
27 PURCHASING AND SELLING LIQUORS PURCHASED OUTSIDE THE
28 COMMONWEALTH IN THEIR DINING, CLUB AND BUFFET CARS WHICH ARE
29 COVERED BY PUBLIC SERVICE LIQUOR LICENSES AND WHICH ARE OPERATED
30 IN THIS COMMONWEALTH.
20020H2574B4740 - 39 -
1 * * *
2 SECTION 22. SECTION 492(8) AND (10) OF THE ACT, AMENDED
3 DECEMBER 21 1998 (P.L.1202, NO.155), ARE AMENDED TO READ:
4 SECTION 492. UNLAWFUL ACTS RELATIVE TO MALT OR BREWED
5 BEVERAGES AND LICENSEES.--
6 IT SHALL BE UNLAWFUL--
7 * * *
8 (8) TRANSPORTATION AND IMPORTATION OF MALT OR BREWED
9 BEVERAGES. FOR ANY PERSON, TO TRANSPORT MALT OR BREWED BEVERAGES
10 EXCEPT IN THE ORIGINAL CONTAINERS, OR TO TRANSPORT MALT OR
11 BREWED BEVERAGES FOR ANOTHER WHO IS ENGAGED IN SELLING EITHER
12 LIQUOR OR MALT OR BREWED BEVERAGES, UNLESS SUCH PERSON SHALL
13 HOLD (A) A LICENSE TO TRANSPORT FOR HIRE, ALCOHOL, LIQUOR AND
14 MALT OR BREWED BEVERAGES, AS HEREINAFTER PROVIDED IN THIS ACT,
15 OR (B) SHALL HOLD A PERMIT ISSUED BY THE BOARD AND SHALL HAVE
16 PAID TO THE BOARD SUCH PERMIT FEE, AS PRESCRIBED IN SECTION 614-
17 A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
18 ADMINISTRATIVE CODE OF 1929," ANY OTHER LAW TO THE CONTRARY
19 NOTWITHSTANDING. THIS CLAUSE SHALL NOT BE CONSTRUED:
20 (I) TO PROHIBIT TRANSPORTATION OF MALT OR BREWED BEVERAGES
21 THROUGH THIS COMMONWEALTH AND NOT FOR DELIVERY IN THIS
22 COMMONWEALTH IF SUCH TRANSPORTING IS DONE IN ACCORDANCE WITH THE
23 RULES AND REGULATIONS OF THE BOARD; OR
24 (II) TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM SELLING
25 MALT OR BREWED BEVERAGES PURCHASED OUTSIDE THIS COMMONWEALTH IN
26 THEIR DINING, CLUB AND BUFFET CARS WHICH ARE COVERED BY PUBLIC
27 SERVICE LIQUOR LICENSES AND WHICH ARE OPERATED IN THIS
28 COMMONWEALTH.
29 * * *
30 [(10) IMPORTING OR TRANSPORTING MALT OR BREWED BEVERAGES
20020H2574B4740 - 40 -
1 WITHOUT TAX STAMPS. FOR ANY PERSON, TO TRANSPORT WITHIN OR
2 IMPORT ANY MALT OR BREWED BEVERAGES INTO THIS COMMONWEALTH,
3 EXCEPT IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
4 BOARD, OR FOR ANY PERSON TO TRANSPORT MALT OR BREWED BEVERAGES
5 INTO OR WITHIN THIS COMMONWEALTH, UNLESS THERE SHALL BE AFFIXED
6 TO THE ORIGINAL CONTAINERS IN WHICH SUCH MALT OR BREWED
7 BEVERAGES ARE TRANSPORTED, STAMPS OR CROWNS EVIDENCING THE
8 PAYMENT OF THE MALT LIQUOR TAX TO THE COMMONWEALTH: PROVIDED,
9 HOWEVER, THAT THIS CLAUSE SHALL NOT BE CONSTRUED TO PROHIBIT
10 TRANSPORTATION OF MALT OR BREWED BEVERAGES THROUGH THIS
11 COMMONWEALTH AND NOT FOR DELIVERY THEREIN, IF SUCH TRANSPORTING
12 IS DONE IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
13 BOARD.]
14 * * *
15 Section 10 23. Section 493(13), (17) and (20)(i) of the act, <--
16 amended May 31, 1996 (P.L.312, No.49) and November 10, 1999
17 (P.L.514, No.47), are amended to read: REMAIN ON THE HOTEL <--
18 PROPERTY. IN ADDITION, A HOLDER OF A RESTAURANT LICENSE LOCATED
19 ON A GOLF COURSE MAY SELL, FURNISH OR GIVE LIQUOR OR MALT OR
20 BREWED BEVERAGES ON THE UNLICENSED PORTION OF THE GOLF COURSE SO
21 LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES REMAIN ON THE
22 RESTAURANT OR GOLF COURSE. THE HOLDER OF A RESTAURANT LICENSE
23 LOCATED IMMEDIATELY ADJACENT TO AND UNDER THE SAME ROOF OF A
24 BOWLING CENTER MAY ALLOW PERSONS TO TRANSPORT LIQUOR OR MALT OR
25 BREWED BEVERAGES FROM THE LICENSED PORTION OF THE PREMISES TO
26 THE UNLICENSED PORTION OF THE PREMISES, SO LONG AS THE LIQUOR OR
27 MALT OR BREWED BEVERAGES REMAIN WITHIN THE BOWLING CENTER.
28 SECTION 2. SECTION 493(13) OF THE ACT, AMENDED NOVEMBER 10,
29 1999 (P.L.514, NO.47), IS AMENDED TO READ:
30 Section 493. Unlawful Acts Relative to Liquor, Malt and
20020H2574B4740 - 41 -
1 Brewed Beverages and Licensees.--The term "licensee," when used
2 in this section, shall mean those persons licensed under the
3 provisions of Article IV, unless the context clearly indicates
4 otherwise.
5 It shall be unlawful--
6 * * *
7 (13) Retail Licensees Employing Minors. For any hotel,
8 restaurant or club liquor licensee, or any retail dispenser, to
9 employ or to permit any minor under the age of eighteen to serve
10 any alcoholic beverages or to employ or permit any minor under
11 the age of sixteen to render any service whatever in the
12 licensed premises, nor shall any entertainer under the age of
13 eighteen be employed or permitted to perform in any licensed
14 premises in violation of the labor laws of this Commonwealth:
15 Provided, That in accordance with board regulations minors
16 between the ages of sixteen and eighteen may be employed to
17 serve food, clear tables and perform other similar duties, not
18 to include the dispensing or serving of alcoholic beverages.
19 [Notwithstanding any provision of this act to the contrary, it
20 shall be lawful] It shall be unlawful for any ski resort, golf <--
21 course or amusement park licensee to employ minors fourteen and
22 fifteen years of age to perform duties [only] in rooms or areas <--
23 of the licensed premises when and where alcoholic beverages are <--
24 [not] dispensed, served or stored [during the time in which the <--
25 minor is performing such duties] in unsecured storage. DUTIES.] <--
26 A SKI RESORT, GOLF COURSE OR AMUSEMENT PARK LICENSEE MAY EMPLOY
27 MINORS FOURTEEN AND FIFTEEN YEARS OF AGE TO PERFORM DUTIES IN
28 ROOMS OR AREAS OF THE LICENSED PREMISES; HOWEVER SUCH MINORS MAY
29 NOT PERFORM DUTIES IN ROOMS OR AREAS IN WHICH ALCOHOL IS BEING
30 CONCURRENTLY DISPENSED OR SERVED OR IN WHICH ALCOHOL IS BEING
20020H2574B4740 - 42 -
1 CONCURRENTLY STORED IN AN UNSECURED MANNER.
2 * * *
3 (17) Licensees, etc., Interested or Employed in <--
4 Manufacturing or Sale of Equipment or Fixtures. For any
5 licensee, or any officer, director, stockholder, servant, agent
6 or employe of any licensee, to own any interest, directly or
7 indirectly, in or be employed or engaged in any business which
8 involves the manufacture or sale of any equipment, furnishings
9 or fixtures to any hotel, restaurant or club licensees, or to
10 any importing distributors, distributors or retail dispensers:
11 Provided, however, That as to malt or brewed beverage licensees,
12 the provisions of this subsection shall not apply to such a
13 conflicting interest if it has existed for a period of not less
14 than three years prior to the first day of January, one thousand
15 nine hundred thirty-seven, and the board shall approve.
16 Notwithstanding this provision or any other provision of this <--
17 act, it shall be permissible for licensees to LICENSEES MAY sell <--
18 glasses at not less than cost and to provide beer buckets, <--
19 coasters, metal keg connectors and tap knobs to other licensees
20 and to holders of special occasion permits.
21 * * *
22 (20) (i) Retail Liquor and Retail Malt or Brewed Beverages
23 Licensee's Inside Advertisements. For any retail liquor or
24 retail malt or brewed beverages licensee, to display or permit
25 the display in the show window or doorways of his licensed
26 premises, any placard or sign advertising the brands of liquor
27 or malt or brewed beverages, if the total display area of any
28 such placard or sign advertising the product or products exceeds
29 six hundred square inches. Nothing herein shall prohibit a
30 licensee from displaying inside his licensed premises point of
20020H2574B4740 - 43 -
1 sale displays advertising brand names of products sold by him,
2 other than a window or door display: Provided, That the total
3 cost of all such point of sale advertising matter relating to
4 any one brand shall [not exceed the sum of one hundred forty
5 dollars ($140) at any one time, and no single piece of
6 advertising shall exceed a cost of seventy dollars ($70). The
7 board is authorized to make annual adjustments to the cost
8 limitations on point of display advertising to reflect any
9 changes in such limitations by the United States Bureau of
10 Alcohol, Tobacco and Firearms or its successors in accordance
11 with 27 CFR 6.83 (relating to product displays) and 27 CFR 6.85
12 (relating to retailer advertising specialties).] not exceed the
13 dollar amount set forth by the board through regulation. All
14 such advertising material, including the window and door signs,
15 may be furnished by a manufacturer, distributor or importing
16 distributor. The restrictions on advertising set forth in
17 subclause (ii) and in clauses (20.1) and (20.2) shall also apply
18 to this subclause.
19 * * *
20 SECTION 24. SECTION 493.1 OF THE ACT, ADDED OCTOBER 5, 1994 <--
21 (P.L.522, NO.77), IS AMENDED TO READ:
22 SECTION 493.1. RIGHTS OF MUNICIPALITIES PRESERVED.--(A)
23 NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREEMPT THE RIGHT OF
24 ANY MUNICIPALITY TO REGULATE ZONING AND ENFORCE ANY OTHER LOCAL
25 ORDINANCES AND CODES DEALING WITH HEALTH AND WELFARE ISSUES.
26 (B) A MUNICIPALITY THAT WISHES TO SUPERSEDE THOSE PROVISIONS
27 OF THE BOARD'S REGULATIONS PERTAINING TO AMPLIFIED MUSIC BEING
28 HEARD OFF THE LICENSED PREMISES MAY DO SO BY NOTIFYING THE BOARD
29 THAT THE MUNICIPALITY HAS ADOPTED AN ORDINANCE TO IMPOSE THE
30 REQUIREMENTS OF ITS OWN LOCAL NOISE ORDINANCE IN LIEU OF THE
20020H2574B4740 - 44 -
1 BOARD'S REGULATIONS ON LICENSED PREMISES WITHIN ITS BOUNDARIES.
2 IF A MUNICIPALITY CHOOSES TO GIVE THE BOARD SUCH NOTIFICATION,
3 THOSE PROVISIONS OF THE BOARD'S REGULATIONS PERTAINING TO
4 AMPLIFIED MUSIC BEING HEARD OFF THE LICENSED PREMISES, SHALL NOT
5 BE APPLICABLE TO LICENSED PREMISES LOCATED IN THAT MUNICIPALITY
6 UNTIL THE MUNICIPALITY INFORMS THE BOARD THAT IT WILL NO LONGER
7 SUPERSEDE THE BOARD'S REGULATIONS.
8 SECTION 25. SECTION 498(G) OF THE ACT, AMENDED FEBRUARY 21,
9 2002 (P.L.103, NO.10), IS AMENDED TO READ:
10 SECTION 498. UNLAWFUL ADVERTISING.-- * * *
11 (G) FOR PURPOSES OF THIS SUBSECTION, THE TERM
12 "ADVERTISEMENT" SHALL MEAN ANY ADVERTISING OF ALCOHOLIC
13 BEVERAGES THROUGH THE MEDIUM OF RADIO BROADCAST, TELEVISION
14 BROADCAST, NEWSPAPERS, PERIODICALS OR OTHER PUBLICATION, OUTDOOR
15 ADVERTISEMENT, ANY FORM OF ELECTRONIC TRANSMISSION OR ANY OTHER
16 PRINTED OR GRAPHIC MATTER, INCLUDING BOOKLETS, FLYERS OR CARDS,
17 OR ON THE PRODUCT LABEL OR ATTACHMENT ITSELF.
18 SECTION 26. SECTION 505.2(2) OF THE ACT, AMENDED NOVEMBER
19 10, 1999 (P.L.514, NO.49), IS AMENDED TO READ:
20 SECTION 3. SECTION 495 OF THE ACT IS AMENDED BY ADDING <--
21 SUBSECTIONS TO READ:
22 SECTION 495. IDENTIFICATION CARDS; LICENSEES AND STATE
23 LIQUOR STORE EMPLOYES SAVED FROM PROSECUTION.--* * *
24 (G) IN ADDITION TO THE DEFENSES SET FORTH IN SUBSECTIONS (E)
25 AND (F), NO PENALTY SHALL BE IMPOSED ON A LICENSEE, LICENSEE'S
26 EMPLOYE OR PENNSYLVANIA LIQUOR STORE EMPLOYE FOR SERVING ALCOHOL
27 TO A MINOR IF THE LICENSEE OR EMPLOYE CAN ESTABLISH THAT THE
28 MINOR WAS REQUIRED TO PRODUCE AN IDENTIFICATION CARD AS SET
29 FORTH IN SUBSECTION (A), THE IDENTIFICATION CARD IS IDENTIFIED
30 AS A VALID CARD BY A TRANSACTION SCAN DEVICE AND THE
20020H2574B4740 - 45 -
1 IDENTIFICATION CARD AND TRANSACTION SCAN RESULTS WERE RELIED
2 UPON IN GOOD FAITH. THIS DEFENSE SHALL APPLY TO ALL CIVIL AND
3 CRIMINAL PROSECUTIONS. FOR PURPOSES OF THIS SECTION A
4 "TRANSACTION SCAN DEVICE" IS A DEVICE CAPABLE OF DECIPHERING IN
5 AN ELECTRONICALLY READABLE FORMAT THE INFORMATION ENCODED ON THE
6 MAGNETIC STRIP OR BAR CODE OF AN IDENTIFICATION CARD SET FORTH
7 IN SUBSECTION (A).
8 (H) NO LICENSEE OR LICENSEE'S AGENT OR EMPLOYE SHALL SELL OR
9 OTHERWISE DISSEMINATE THE INFORMATION DERIVED FROM A TRANSACTION
10 SCAN TO ANY THIRD PARTY, EXCEPT TO THE BOARD, THE BUREAU OR
11 OTHER LAW ENFORCEMENT OFFICIAL, FOR ANY PURPOSE, INCLUDING, BUT
12 NOT LIMITED TO, ANY MARKETING, ADVERTISING OR PROMOTIONAL
13 ACTIVITIES, EXCEPT THAT A LICENSEE OR LICENSEE'S AGENT OR
14 EMPLOYE MAY RELEASE THAT INFORMATION PURSUANT TO A COURT ORDER.
15 ANY PERSON WHO VIOLATES THIS SUBSECTION COMMITS A SUMMARY
16 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
17 NOT EXCEEDING FIVE HUNDRED DOLLARS ($500) FOR THE FIRST OFFENSE
18 AND TO PAY A FINE NOT EXCEEDING ONE THOUSAND DOLLARS ($1,000)
19 FOR SUBSEQUENT OFFENSES.
20 SECTION 4. SECTION 505.2(2) AND (3) OF THE ACT, AMENDED
21 NOVEMBER 10, 1999 (P.L.514, NO.49), ARE AMENDED TO READ:
22 SECTION 505.2. LIMITED WINERIES.--IN THE INTEREST OF
23 PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA,
24 HOLDERS OF A LIMITED WINERY LICENSE MAY:
25 * * *
26 (2) SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED BY
27 THE LIMITED WINERY OR PURCHASED IN BULK IN BOND FROM ANOTHER
28 PENNSYLVANIA LIMITED WINERY ON THE LICENSED PREMISES, UNDER SUCH
29 CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE, TO THE
30 BOARD, TO INDIVIDUALS AND TO BREWERY, HOTEL, RESTAURANT, CLUB
20020H2574B4740 - 46 -
1 AND PUBLIC SERVICE LIQUOR LICENSEES, AND TO PENNSYLVANIA WINERY
2 LICENSEES: PROVIDED, THAT A LIMITED WINERY SHALL NOT, IN ANY
3 CALENDAR YEAR, PURCHASE ALCOHOLIC CIDER OR WINE PRODUCED BY
4 OTHER LIMITED WINERIES IN AN AMOUNT IN EXCESS OF FIFTY PER
5 CENTUM OF THE ALCOHOLIC CIDER OR WINE PRODUCED BY THE PURCHASING
6 LIMITED WINERY IN THE PRECEDING CALENDAR YEAR. IN ADDITION, THE
7 HOLDER OF A LIMITED WINERY LICENSE MAY PURCHASE WINE IN BOTTLES
8 FROM ANOTHER PENNSYLVANIA LIMITED WINERY IF THESE WINES UNDERGO
9 A SECOND FERMENTATION PROCESS. SUCH WINE MAY BE SOLD IN BOTTLES
10 BEARING THE PURCHASING LIMITED WINERY'S LABEL OR THE PRODUCING
11 LIMITED WINERY'S LABEL. SUCH WINES, IF SOLD BY THE BOARD, MAY BE
12 SOLD BY THE PRODUCING LIMITED WINERY TO THE PURCHASING LIMITED
13 WINERY AT A PRICE LOWER THAN THE PRICE CHARGED BY THE BOARD.
14 (3) SEPARATELY OR IN CONJUNCTION WITH OTHER LIMITED <--
15 WINERIES, SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED
16 BY THE LIMITED WINERY ON NO MORE THAN FIVE (5) BOARD-APPROVED
17 LOCATIONS OTHER THAN THE LICENSED PREMISES, WITH NO BOTTLING OR
18 PRODUCTION REQUIREMENT AT THOSE ADDITIONAL BOARD-APPROVED
19 LOCATIONS AND UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD
20 MAY ENFORCE, TO THE BOARD, TO INDIVIDUALS AND TO BREWERY, HOTEL,
21 RESTAURANT, CLUB AND PUBLIC SERVICE LIQUOR LICENSEES. IF TWO OR
22 MORE LIMITED WINERIES APPLY TO OPERATE AN ADDITIONAL BOARD-
23 APPROVED LOCATION IN CONJUNCTION WITH EACH OTHER, THE WINERIES
24 NEED ONLY HAVE ONE BOARD-APPROVED MANAGER FOR THE LOCATION, NEED
25 ONLY PAY ONE APPLICATION FEE AND NEED NOT DESIGNATE SPECIFIC OR
26 DISTINCT AREAS FOR EACH WINERY'S LICENSED AREA. EACH LIMITED
27 WINERY MUST FILE AN APPLICATION FOR SUCH AN ADDITIONAL BOARD-
28 APPROVED LOCATION, AND SUCH LOCATION SHALL COUNT AS ONE OF THE
29 FIVE PERMITTED FOR EACH LIMITED WINERY. EACH LIMITED WINERY IS
30 RESPONSIBLE FOR KEEPING ONLY ITS OWN COMPLETE RECORDS. A LIMITED
20020H2574B4740 - 47 -
1 WINERY MAY BE CITED FOR A VIOLATION OF THE RECORDKEEPING
2 REQUIREMENTS OF SECTIONS 512 AND 513 PERTAINING TO ITS OWN
3 RECORDS ONLY.
4 * * *
5 SECTION 27. SECTIONS 505.3, 509 AND 515 OF THE ACT ARE <--
6 AMENDED TO READ:
7 [SECTION 505.3. DISTILLERIES.--DISTILLERIES OF HISTORICAL
8 SIGNIFICANCE ESTABLISHED MORE THAN ONE HUNDRED YEARS PRIOR TO
9 JANUARY 1, 1975 WHICH HOLD A LICENSE ISSUED UNDER SECTION 505
10 MAY SELL LIQUOR PRODUCED BY THE DISTILLERY ON THE LICENSED
11 PREMISES UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD MAY
12 ENFORCE.]
13 SECTION 509. LICENSE MUST BE POSTED; BUSINESS HOURS.--
14 LICENSES SHALL BE ISSUED BY THE BOARD UNDER ITS OFFICIAL SEAL.
15 EVERY LICENSE SO ISSUED MUST AT ALL TIMES BE POSTED IN A
16 CONSPICUOUS PLACE WHERE THE BUSINESS IS CARRIED ON UNDER IT[,
17 AND SAID PLACE OF BUSINESS MUST BE KEPT OPEN DURING GENERAL
18 BUSINESS HOURS OF EVERY DAY IN THE YEAR EXCEPT SUNDAYS AND LEGAL
19 HOLIDAYS]. LICENSEES MAY BE OPEN EVERY DAY EXCEPT LIMITED
20 WINERIES WHICH MAY BE OPEN AS SET FORTH BY THE BOARD THROUGH
21 REGULATIONS.
22 SECTION 515. APPEALS.--THE [BOARD, THE] ENFORCEMENT BUREAU
23 OR ANY APPLICANT OR ANY LICENSEE AGGRIEVED BY ANY DECISION
24 REFUSING, SUSPENDING OR REVOKING A LICENSE UNDER THE PROVISIONS
25 OF THIS ARTICLE MAY APPEAL TO THE [COURT OF THE COUNTY IN WHICH
26 THE LICENSED PREMISES OR THE PREMISES TO BE LICENSED ARE
27 LOCATED. IN THE EVENT AN APPLICANT OR A LICENSEE SHALL HAVE NO
28 PLACE OF BUSINESS ESTABLISHED WITHIN THE COMMONWEALTH, HIS
29 APPEAL SHALL BE TO THE] COMMONWEALTH COURT. SUCH APPEAL SHALL BE
30 IN ACCORDANCE WITH 2 PA.C.S. CH. 7 SUBCH. A (RELATING TO
20020H2574B4740 - 48 -
1 JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
2 Section 11 28 5. This act shall take effect immediately. <--
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