An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions; in licenses and regulations, liquor, alcohol and malt and brewed beverages, further providing for wine expanded permits, for ready-to-drink cocktail permit, for revocation and suspension of licenses and fines and for responsible alcohol management; and, in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, providing for transporters for hire.

PRINTER'S NO. 1699
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1451
Session of
2025
INTRODUCED BY MUSTELLO, MAY 13, 2025
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 13, 2025
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
act relating to alcoholic liquors, alcohol and malt and
brewed beverages; amending, revising, consolidating and
changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," in
preliminary provisions, further providing for definitions; in
licenses and regulations, liquor, alcohol and malt and brewed
beverages, further providing for wine expanded permits, for
ready-to-drink cocktail permit, for revocation and suspension
of licenses and fines and for responsible alcohol management;
and, in distilleries, wineries, bonded warehouses, bailees
for hire and transporters for hire, providing for
transporters for hire.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "alcohol service personnel" in
section 102 of the act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, is amended to read:
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Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Alcohol service personnel" shall mean any employe of a
licensee such as a bartender, waiter or, in the case of a
distributor or importing distributor, a salesperson whose
primary responsibility includes the resale, furnishing or
serving of liquor or malt or brewed beverages. It shall also
mean [any]:
(1) Any employe, such as a doorperson, whose primary
responsibility is to ascertain the age of individuals who are
attempting to enter the licensed premises.
(2) Any employe or independent contractor of a
transporter-for-hire whose responsibility it is to deliver
alcohol to nonlicensees.
* * *
Section 2. Sections 415(a) and 415.1(a) of the act are
amended by adding paragraphs to read:
Section 415. Wine Expanded Permits.--(a) * * *
(12) Wine provided to a Transporter-for-Hire Class D license
holder or its employe or independent contractor shall fulfill
the requirements of this subsection without the need to use a
transaction scan device or a register on the licensed premises.
* * *
Section 415.1. Ready-to-Drink Cocktail Permit.--(a) * * *
(12) Ready-to-drink cocktails provided to a Transporter-for-
Hire Class D license holder or its employe or independent
contractor shall fulfill the requirements of this subsection
without the need to use a transaction scan device or a register
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on the licensed premises.
* * *
Section 3. Section 471 of the act is amended by adding a
subsection to read:
Section 471. Revocation and Suspension of Licenses; Fines.--
* * *
(g) If a transporter-for-hire licensee has been cited and
found to have violated section 493(1), the administrative law
judge shall impose a fine of not less than one thousand dollars
($1,000) nor more than five thousand dollars ($5,000), or both.
Any subsequent violations within three years of a prior
violation shall be subject to increasing penalty amounts which
shall range from a minimum increase of one hundred dollars
($100) more than the prior fine amount to an amount not to
exceed seven thousand dollars ($7,000) per violation.
Section 4. Section 471.1(a), (g) and (h) of the act are
amended to read:
Section 471.1. Responsible Alcohol Management.--(a) The
board is authorized to offer a responsible alcohol service
program to licensees. The program shall consist of four parts:
new employe orientation, training for alcohol service personnel,
manager/owner training and the displaying of responsible alcohol
service signage. New employe orientation shall consist of
orienting newly hired alcohol service personnel as to
Pennsylvania law relating to the sale, furnishing or serving of
alcoholic beverages to minors and visibly intoxicated persons.
It shall also mean orienting newly hired alcohol service
personnel to responsible server practices, as the term is
defined by the board, through regulation. Training for alcohol
service personnel shall be as set forth by the board, but at
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minimum it shall consist of training to prevent service of
alcohol to minors and to visibly intoxicated persons. For
alcohol service personnel who deliver alcohol for a Transporter-
for-Hire Class D license holder, the training shall consist of
orienting employes and independent contractors of Transporter-
for-Hire Class D license holders on issues related to the
delivery of alcohol off the licensed premises to nonlicensees,
including on the topics listed in section 505.6(g).
Manager/owner training shall be as set forth by the board, but
at a minimum it shall consist of training on how to monitor
employes, proper service of alcohol and how to develop an
appropriate alcohol service policy. The responsible alcohol
service signage shall be as set forth by the board and shall
consist of signage dealing with the licensee's policy against
sales to minors and visibly intoxicated persons. Alcohol service
personnel training may be conducted by the board or by an entity
certified by the board to conduct such training.
* * *
(g) Unless successfully completed prior to appointment, a
manager appointed by any restaurant, eating place retail
dispenser, hotel, club, limited distillery licensee or
distributor licensee shall be required to complete the
manager/owner training under subsection (c) within one hundred
eighty days of approval of appointment by the board. A manager
shall maintain their status of being trained by successfully
completing the training program every two years.
(h) Unless successfully completed prior to being hired, all
alcohol service personnel shall be required to complete the
training for alcohol service personnel under subsection (b)
within six months of being hired by a licensed establishment.
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Alcohol service personnel shall maintain their status of being
trained by successfully completing the training program every
two years.
Section 5. The act is amended by adding a section to read:
Section 505.6. Transporters for Hire.--(a) Except as
provided under subsection (b), a person who transports alcohol
for hire within this Commonwealth shall obtain a Transporter-
for-Hire Class A license, a Transporter-for-Hire Class B
license, a Transporter-for-Hire Class C license or a
Transporter-for-Hire Class D license from the board as provided
under this section.
(b) Alcohol may be transported without a transporter-for-
hire license under any of the following conditions:
(1) If the alcohol in question is denatured alcohol.
(2) If the alcohol in question is for the personal use of,
and not for resale by, the transporter.
(3) If transportation is by a licensee of the board whose
license or permit authorizes the transportation of liquor, malt
or brewed beverages or alcohol in the regular operation of the
licensee's business.
(4) If transportation is by a person who transports alcohol
through this Commonwealth commercially and not for delivery
within this Commonwealth, including transportation accomplished
by scheduled common air carriers of mail and passengers and by
common carriers by railroad, subject to regulation by the
Pennsylvania Public Utility Commission. Transportation under
this paragraph shall be subject to the following conditions:
(i) The operator of the vehicle shall have in the operator's
possession at all times while in this Commonwealth an invoice
and a bill of lading or waybill showing the brand name, size and
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number of containers of liquor, malt or brewed beverages or
alcohol being transported, which shall be produced for
inspection upon the request of a police officer, board employe
or enforcement officer.
(ii) The cargo must remain intact and upon the same vehicle
or conveyance while in this Commonwealth, unless prevented by an
accident or other similarly uncontrollable circumstance.
(5) If there is no charge associated with the transportation
of the alcohol.
(6) If the malt or brewed beverages, wine or liquor are
being transported by hand, without the use of a motorized
vehicle, by a person employed by the licensee or transporter-
for-hire licensee from the licensed premises to a customer
located in his or her vehicle who had previously ordered and
paid for the alcohol online or paid for the alcohol in person in
the licensed premises, provided that the customer's vehicle is
located at a designated curbside location outside the licensed
premises or otherwise in close proximity to the exterior of the
building housing the licensed premises.
(c) (1) Each transporter-for-hire license application shall
be submitted to the board and shall be in the form and manner
prescribed by the board. The application shall be accompanied by
application and license fees as provided under section 614-A of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929. The license shall be issued for the
calendar year, and the license fee shall be prorated quarterly,
as provided under section 508.
(2) A Transporter-for-Hire Class D license application shall
be subject to the same fees as a Transporter-for-Hire Class A
license, but shall also be subject to a five thousand dollar
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($5,000) initial surcharge and an annual renewal of one thousand
dollars ($1,000). A Transporter-for-Hire Class D license shall
only be available to a person who is primarily engaged in the
business of transporting and delivering items or who holds a
retail license issued by the board.
(d) The board shall issue a transporter-for-hire license as
follows:
(1) A Transporter-for-Hire Class A license shall authorize
the holder to engage in the commercial transportation of all
forms of alcohol to or from points located in this Commonwealth.
(2) A Transporter-for-Hire Class B license shall authorize
the holder to engage in the commercial transportation of malt or
brewed beverages only, to or from points located in this
Commonwealth.
(3) A Transporter-for-Hire Class C license shall authorize
the holder to engage a fleet of vehicles in the commercial
transportation of all forms of alcohol to or from points located
in this Commonwealth.
(4) A Transporter-for-Hire Class D license shall authorize
the holder to engage in the commercial transportation of all
forms of alcohol to or from points located in this Commonwealth.
The following shall apply:
(i) A Transporter-for-Hire Class D license holder may accept
alcohol orders on behalf of licensees and permittees who are
authorized to sell alcohol for off-premises consumption for
delivery to unlicensed customers only. Such orders may be placed
through telephonic orders or through web-based platforms owned
and operated by the licensee, the permittee or by the
Transporter-for-Hire Class D license holder, provided that the
sale of alcohol is made solely by the licensee or permittee
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authorized to sell alcohol for off-premises consumption.
(ii) A Transporter-for-Hire Class D license holder may
accept alcohol orders on behalf of the board for delivery to
unlicensed customers only. Such orders may be placed through
telephonic orders or through web-based platforms owned and
operated by the board or by the Transporter-for-Hire Class D
license holder, provided that the sale of alcohol is made solely
by the board. Payments for the alcohol may be accepted by the
Transporter-for-Hire Class D license holder from unlicensed
purchasers only and the payments shall be transferred directly
to the licensed seller or to the board in the normal course of
business.
(iii) A Transporter-for-Hire Class D license holder must
enter into a written agreement with the selling licensee or
selling permittee authorizing the transporter to provide
delivery services to the licensee or permittee prior to
providing delivery services, and the Transporter-for-Hire Class
D license holder must enter into a written agreement with the
board authorizing the transporter to provide delivery services
prior to providing delivery services. A copy of each agreement
shall be maintained by the Transporter-for-Hire Class D license
holder, selling licensee and selling permittee as a business
record and shall be made available upon request to the board and
to the enforcement bureau.
(e) A transporter-for-hire license holder shall maintain and
keep, in hard copy or electronic media consistent with generally
accepted accounting procedures, for a period of at least two (2)
years, complete and accurate daily records of transactions
conducted under the authority of the license and shall take
reasonable steps to protect personally identifiable information,
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consistent with applicable law. Records shall be subject to
inspection by authorized representatives of the board and
enforcement bureau. Copies of reports or forms required by
Federal or State governmental agencies related to the licensed
operation shall be maintained for a period of two (2) years
unless required to be maintained for a longer period by the
Federal or State agency. The reports or forms shall also be open
to inspection by authorized representatives of the board and
enforcement bureau.
(f) A transporter-for-hire license holder who is delivering
alcohol to a nonlicensee must require proof of age of the
recipient before delivering the alcohol. Proof of age may only
be established by presenting one of the forms of identification
under section 495(a). The delivery person must use a transaction
scan device as the term is defined in section 495(g) to confirm
the validity of the identification before delivering the
alcohol. The customer accepting the alcohol must provide the
customer's signature to the delivery person.
(g) All employes or independent contractors of a
transporter-for-hire that deliver alcohol to nonlicensees shall
be considered alcohol service personnel under the responsible
alcohol management online training program authorized under
section 471.1 or an approved transporter-for-hire delivery
training program.
(1) A transporter-for-hire may submit to the board for
approval its delivery training program for alcohol service
personnel who deliver alcohol to nonlicensees.
(i) The board shall approve a transporter-for-hire's
delivery training programs that includes the following:
(A) methods to identify and prevent sales to minors or
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visibly intoxicated persons;
(B) acceptable forms of identification;
(C) fake or altered identification; and
(D) procedures for checking identification.
(ii) Upon receipt of a proposed delivery training program
from a transporter-for-hire, the board has thirty (30) business
days to approve, deny, or request modifications to the proposed
delivery training program.
(iii) An approved delivery training program under this
section shall be considered a responsible alcohol service
program under section 471.1.
(h) While transporting alcohol, an employe or independent
contractor of a transporter-for-hire license holder shall carry
in the vehicle the following documentation, which may be in
electronic or paper form, and which the employe or independent
contractor must be able to readily produce upon demand of the
board, the enforcement bureau or a law enforcement official or
other authorized agency:
(1) Documentation showing the license holder's name,
address, including the street name and number as shown on the
license, and the license number as shown on the license. The
license identification number shall be preceded by the letters
"P.L.C.B."
(2) Documentation, in the form of an order or invoice or
similar documentation, identifying the name and address of the
licensee responsible for the sale of the alcohol being
delivered, and identifying the name and address the recipient to
whom the driver is making the delivery.
(i) A transporter-for-hire license holder shall be
considered a "licensee" for purposes of section 493. A
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transporter-for-hire license holder that violates section 493(1)
shall be subject to the citation process and penalties provided
for in section 471(g).
(j) A selling licensee, selling permittee or the board
responsible for the sale of alcohol intended for delivery by a
transporter-for-hire to a nonlicensee shall label the outer
packaging containing the alcohol to clearly indicate that the
package contains alcohol, unless one of the following conditions
is met:
(1) the alcohol service personnel delivering the order has
personally retrieved and bagged or otherwise packaged the
alcohol for delivery; or
(2) the alcohol service personnel is notified through
electronic or other means that the delivery order contains
alcohol and that the recipient must be twenty-one (21) years of
age or older.
(k) A selling licensee, selling permittee or the board shall
not be criminally or civilly liable for sales or service of
alcohol to a minor or to a visibly intoxicated person if the
order for the alcohol in question was processed by a
Transporter-for-Hire Class D license holder unless the selling
licensee, selling permittee or the board knew or should have
known that the alcohol was being purchased by or delivered to a
minor or visibly intoxicated person, or unless the selling
licensee, selling permittee or the board has failed to comply
with subsection (j).
(l) A Transporter-for-Hire Class D license holder, or an
employe or independent contractor of a Transporter-for-Hire
Class D license holder, shall not be required to display
information on a vehicle used to deliver alcohol to a
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nonlicensee, or to otherwise identify a vehicle used to deliver
alcohol to a nonlicensee, including with information related to
the Transporter-for-Hire Class D license holder's license number
or address or with reference to the "P.L.C.B."
Section 6. This act shall take effect in 60 days.
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