An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, providing for restaurant satellite location permit.

PRINTER'S NO. 1952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1618
Session of
2025
INTRODUCED BY GALLAGHER, GAYDOS, GOUGHNOUR, HOHENSTEIN, GIRAL,
HILL-EVANS, MAYES, SANCHEZ, MALAGARI, DONAHUE, BURGOS,
PROKOPIAK, WAXMAN, DOUGHERTY AND D. WILLIAMS, JUNE 16, 2025
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 17, 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
licenses and regulations and liquor, alcohol and malt and
brewed beverages, providing for restaurant satellite location
permit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, is amended by adding a section to read:
Section 406.2. Restaurant Satellite Location Permit.--(a)
The holder of a restaurant license may obtain a restaurant
satellite location permit to establish and operate up to two
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additional locations within this Commonwealth for the purpose of
selling alcohol, and may sell liquor and malt or brewed
beverages by the glass, open bottle or other container, and any
mixture, for consumption only in that part of the restaurant
satellite location habitually used for the serving of food to
guests or patrons, subject to the conditions of this section.
(b) A restaurant satellite location may sell liquor and malt
or brewed beverages only during the time periods and within the
same capacity in which the primary licensed premises is
permitted to sell liquor and malt or brewed beverages, including
if the restaurant licensee possesses a Sunday sales permit, wine
expanded permit, amusement permit or extended hours food permit.
(c) A restaurant satellite location may share space with a
nonlicensed business, including a restaurant or food
establishment, provided that the restaurant licensee retains
operations control and complies with all board regulations
concerning alcohol service, safety and access control.
(d) A restaurant satellite location must be a reputable
place operated by responsible persons of good reputation and
habitually and principally used for the purpose of providing
food for the public. The place must have an area within a
building of not less than four hundred square feet, be equipped
with tables and chairs, including bar seats, to accommodate at
least thirty persons at one time. The board shall, by
regulation, specify what constitutes tables and chairs
sufficient to accommodate thirty persons at one time.
(e) A restaurant licensee must receive approval by the
governing body of the municipality in which the additional
location is to be located prior to the issuance of a restaurant
satellite location permit by the board. Upon request for
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approval of a restaurant satellite location permit, the
governing body of the municipality shall hold at least one
public hearing for the purpose of receiving comments and
recommendations of interested individuals residing within the
municipality concerning the applicant's request for a restaurant
satellite location permit. A copy of the approval must be
submitted with the restaurant satellite location permit. Failure
by the governing body to render a decision within forty-five
days of the applicant's request for approval shall be deemed
approval of the application in terms as presented unless the
governing body has notified the applicant in writing of the
governing body's election to extend the time, which extension
may not exceed sixty days. Failure by the governing body to
render a decision within the extended time period shall be
deemed an approval of the application in terms as presented.
(f) An applicant for a restaurant satellite location permit
must file a written application with the board in such form and
containing such information as the board prescribes. The
application shall contain a description of the location for
which the applicant desires a permit and shall state such other
material information, description or plan of the location where
it is proposed to keep and sell liquor as may be required by the
regulations of the board. The descriptions, information and
plans must show the proposed location for the restaurant
satellite location, or the proposed location for the
construction of the restaurant satellite location, at the time
the application is made, and must show any alteration proposed
to be made to the location, or the new building proposed to be
constructed after the approval by the board of the application
for a permit. After approval of the application, the permittee
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shall make the physical alterations, improvements and changes to
the restaurant satellite location premises, or shall construct
the new building in the manner specified by the board at the
time of approval, and the permittee may not transact any
business under the license until the board has approved the
completed physical alteration, improvement and change to the
restaurant satellite location premises, or the completed
construction of the new building as conforming to the
specifications required by the board at the time of issuance of
the permit, and is satisfied that the restaurant satellite
location meets the specifications required by this act and the
board. The board may require that all alterations or
construction or conformity to definition be completed within six
months from the time of issuance of the permit. The applicant
shall submit to the board proof of financial capability to
operate a satellite location and a business plan outlining
operations, security measures and responsible alcohol service
practices. Failure to comply with these requirements shall be
considered cause for revocation of the permit. Permits under
this section are nontransferable and each restaurant satellite
location must apply for and possess its own permit, regardless
of both permits existing in connection to the same restaurant
licensee.
(g) An applicant for a new license or for the transfer of an
existing license shall post, for a period of at least thirty
days beginning with the day the application is filed with the
board, in a conspicuous place on the outside of the premises or
at the proposed new location for which the license is applied, a
notice of the application. The notice shall be in such form, be
of such size, and contain such provisions as the board may
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require by regulation. The licensee shall file with the board
proof of the posting of the notice.
(h) If an affiant intentionally makes a false statement in
an application, the affiant shall be deemed guilty of a
misdemeanor and, upon conviction, shall be subject to the
penalties provided by this article.
(i) The board shall approve or deny an application for a
restaurant satellite location permit within fourteen days of
receipt of the application. Failure of the board to approve or
deny the application shall result in the application being
deemed approved.
(j) A restaurant licensee that wishes to obtain a restaurant
satellite location permit must pay the permitting fee as the
board prescribes. The permit is valid only for a period of up to
two years and only so long as the restaurant licensee maintains
a valid restaurant license. If the restaurant license of the
restaurant licensee is suspended or revoked by the board, any
restaurant satellite location connected to the license shall not
be permitted to operate.
(k) The board shall refuse an application for a restaurant
satellite location permit if the proposed location is within
three hundred feet of a church, hospital, charitable
institution, school or public playground, or if the proposed
location is within two hundred feet of any other premises
licensed by the board or of a restaurant satellite location
permit. The board shall refuse an application for a restaurant
satellite location permit if, in the board's opinion, the
restaurant satellite location permit would be detrimental to the
welfare, health, peace and morals of the inhabitants of the
neighborhood within a radius of five hundred feet of the
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proposed location.
(l) A servant, agent or employe at a restaurant satellite
location shall be employed by the restaurant licensee in
connection with the restaurant satellite location permit and
subject to the same conditions and qualifications as those
imposed on any servant, agent or employe of a restaurant
licensee.
Section 2. This act shall take effect in 60 days.
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