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SENATE AMENDED
PRIOR PRINTER'S NOS. 450, 1022, 2673 PRINTER'S NO. 2678
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 467
Session of
2025
INTRODUCED BY DEASY, M. JONES, STAATS, VENKAT, HILL-EVANS,
FREEMAN, STEELE, McNEILL, KHAN, CERRATO, FEE, SANCHEZ, OTTEN,
WARREN, GIRAL, D. WILLIAMS, JAMES, McANDREW AND K. HARRIS,
FEBRUARY 4, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 9, 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;
and, in licenses and regulations, liquor, alcohol and malt
and brewed beverages, further providing for sales by liquor
licensees and restrictions, PROVIDING FOR SPECIAL SPORTING
EVENT PERMITS FOR PUBLIC VENUE LICENSEES AND FURTHER
PROVIDING for retail dispensers' restrictions on purchases
and sales, for breweries and for unlawful acts relative to
liquor, malt and brewed beverages and licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "eligible entity" in section
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102 of the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, amended July 15, 2024 (P.L.700, No.57), is amended
to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Eligible entity" [shall mean a city of the third class, a
hospital, a church, a synagogue, a volunteer fire company, a
volunteer ambulance company, a volunteer rescue squad, a unit of
a nationally chartered club which has been issued a club liquor
license, a club which has been issued a club liquor license and
which, as of December 31, 2002, has been in existence for at
least 100 years, a library, a nationally accredited Pennsylvania
nonprofit zoological institution licensed by the United States
Department of Agriculture, a nonprofit agricultural association
in existence for at least ten years, a bona fide sportsmen's
club in existence for at least ten years, a nationally chartered
veterans' organization and any affiliated lodge or subdivision
of such organization, a fraternal benefit society that is
licensed to do business in this Commonwealth and any affiliated
lodge or subdivision of such fraternal benefit society, any
nationally recognized community-based voluntary health
organization committed to fighting cancer, which has been in
existence for at least 100 years, a museum operated by a
nonprofit corporation, a nonprofit corporation engaged in the
performing arts, an arts council, a nonprofit corporation that
operates an arts facility or museum, a nonprofit organization as
defined under section 501(c)(3) of the Internal Revenue Code of
1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is
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to protect the architectural heritage of a municipality and
which has been recognized as such by a resolution of the
municipality, a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a city of
the second class with the permit to be used on State park
grounds or conducting a family-oriented celebration as part of
Welcome America in a city of the first class on property leased
from that city for more than fifty years, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to
raise funds for the research and treatment of cystic fibrosis, a
nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose
purpose is to educate the public on issues dealing with
watershed conservation, a nonprofit organization as defined
under section 501(c)(3) of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to
provide equine or canine assisted activities for children and
adults with special needs, a nonprofit economic development
agency in a city of the second class with the primary function
to serve as an economic generator for the greater southwestern
Pennsylvania region by attracting and supporting film,
television and related media industry projects and coordinating
government and business offices in support of a production, a
county tourist promotion agency as defined in section 2 of the
act of July 4, 2008 (P.L.621, No.50), known as the "Tourism
Promotion Act," a junior league that is a nonprofit organization
as defined under section 501(c)(3) of the Internal Revenue Code
of 1986 (26 U.S.C. § 501(c)(3)) that is comprised of women whose
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purpose is exclusively educational and charitable in promoting
the volunteerism of women and developing and participating in
community projects and that has been in existence for over
seventy years, a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 and whose purpose
is the education and promotion of American history, a nonprofit
organization as defined under section 501(c)(6) of the Internal
Revenue Code of 1986 whose purpose is to support business and
industry, a brewery which has been issued a license to
manufacture malt or brewed beverages and has been in existence
for at least 100 years or a club recognized by Rotary
International and whose purpose is to provide service to others,
to promote high ethical standards and to advance world
understanding, goodwill and peace through its fellowship of
business, professional and community leaders or a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
whose purpose is to promote mushrooms while supporting local and
regional charities, a museum operated by a not-for-profit
corporation in a city of the second class A, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 which is located in a city of the second
class A and has as its purpose economic and community
development, a nonprofit organization as defined under section
501(c)(3) or (6) of the Internal Revenue Code of 1986 that is
located in a city of the third class in a county of the fifth
class, a nonprofit social service organization defined under
section 501(c)(3) of the Internal Revenue Code of 1986 located
in a county of the third class whose purpose is to serve
individuals and families in that county of the third class, a
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nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 whose main purpose is to
temporarily foster stray and unwanted animals and match them to
suitable permanent homes or a nonprofit organization as defined
under section 501(c)(3) of the Internal Revenue Code of 1986 who
operates either a Main Street Program or Elm Street Program
recognized by the Commonwealth, the National Trust for Historic
Preservation or both, a nonprofit radio station that is a member
of the National Public Radio network, a nonprofit public
television station that is a member of the Pennsylvania Public
Television Network or a nonprofit organization as defined under
section 501(c)(3) of the Internal Revenue Code of 1986 whose
purpose is to promote awareness, education and research and to
provide a support system for patients with neutropenia and their
families through a national resource network, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 whose main purpose is to stimulate
community development by facilitating residential and retail
growth in a city of the second class located in a county of the
second class or a nonprofit community development corporation
organized under section 501(c)(3) of the Internal Revenue Code
of 1986 that serves an adjoining borough and township in a
county of the second class and whose main purpose is to
facilitate commercial development and foster neighborhood
stabilization, a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 whose purpose is
to provide young people with a program to build character, to
teach the responsibilities of citizenship and to develop
personal fitness with a goal of creating future leaders, a
nonprofit as defined in section 501(c)(3) of the Internal
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Revenue Code of 1986 whose main purpose is to assist children
and their families who are facing financial hardship due to the
death of a parent, a nonprofit as defined under section 501(c)
(3) of the Internal Revenue Code of 1986 whose purpose is to
allocate funds for research to expedite a cure achromatopsia, a
nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 that is located in a city of the
first class, was organized as a community development
organization to promote health, safety and welfare of the
residents, businesses and institutions of a neighborhood of a
city of the first class, and whose works include public
promotions, neighborhood improvement projects and commercial
corridor improvements, including a business improvement
district, or a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 that is
responsible for providing services to members of the armed
forces of the United States and relief to disaster victims in
the United States and abroad, or any neighborhood improvement
district management association as defined in section 3 of the
act of December 20, 2000 (P.L.949, No.130), known as the
"Neighborhood Improvement District Act," that has been
established as a 501(c)(3) nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 located in a city of the first class whose
purpose is to support initiatives to enrich the lives of
children, teens and families especially those in need, to reach
their full potential as productive and responsible citizens and
has been in existence for at least seventy-five years, or a
nonprofit organization as defined under section 501(c)(3) of the
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Internal Revenue Code of 1986 located in a city of the second
class and incorporated as a nonprofit in 1982 that offers adult
education and family literacy, or a nonprofit organization as
defined under section 501(c)(3) of the Internal Revenue Code of
1986 located in a city of the third class and county of the
sixth class, whose purpose is primary and secondary education
and educational ministry of the Diocese of Erie, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code located in a county of the fourth class that had a
population between 142,000 and 144,000 based on the 2010
Decennial Census of the Bureau of the Census and provides
rewards for information that leads to the arrest of individuals
that may have committed a crime or a nonprofit organization as
defined under section 501(c)(3) of the Internal Revenue Code of
1986 which is located in a city of the third class in a county
of the fifth class whose mission is to improve the quality of
life for individuals with developmental disabilities and the
families of the individuals through advocacy, education, support
and socialization and that has been in existence for over sixty
years.] shall mean a city of the third class, a hospital, a
church, a synagogue, a volunteer fire company, a volunteer
ambulance company, a volunteer rescue squad, a unit of a
nationally chartered club which has been issued a club liquor
license, a club which has been issued a club liquor license and
which, as of December 31, 2002, has been in existence for at
least 100 years, a library, a nationally accredited Pennsylvania
nonprofit zoological institution licensed by the United States
Department of Agriculture, a nonprofit agricultural association
in existence for at least ten years, a bona fide sportsmen's
club in existence for at least ten years, a nationally chartered
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veterans' organization and any affiliated lodge or subdivision
of such organization, a fraternal benefit society that is
licensed to do business in this Commonwealth and any affiliated
lodge or subdivision of such fraternal benefit society, any
nationally recognized community-based voluntary health
organization committed to fighting cancer which has been in
existence for at least 100 years, a museum operated by a
nonprofit corporation, a nonprofit corporation engaged in the
performing arts, an arts council, a nonprofit corporation that
operates an arts facility or museum, a nonprofit organization as
defined under 26 U.S.C. § 501(c)(6) (relating to exemption from
tax on corporations, certain trusts, etc.) whose purpose is to
support business and industry, a nonprofit organization as
defined under 26 U.S.C. § 501(c)(3) or (6) that is located in a
city of the third class in a county of the fifth class, a
nonprofit economic development agency in a city of the second
class with the primary function to serve as an economic
generator for the greater southwestern Pennsylvania region by
attracting and supporting film, television and related media
industry projects and coordinating government and business
offices in support of a production, a county tourism promotion
agency as defined in section 2 of the act of July 4, 2008
(P.L.621, No.50), known as the "Tourism Promotion Act," a
brewery which has been issued a license to manufacture malt or
brewed beverages and has been in existence for at least 100
years, a club recognized by Rotary International and whose
purpose is to provide service to others, to promote high ethical
standards and to advance world understanding, goodwill and peace
through its fellowship of business, professional and community
leaders, a museum operated by a nonprofit corporation in a city
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of the second class A, a nonprofit radio station that is a
member of the National Public Radio network, a nonprofit public
television station that is a member of the Pennsylvania Public
Television Network or a nonprofit organization as defined under
26 U.S.C. § 501(c)(3) or (6).
* * *
Section 2. Sections 406(f)(9) and (10) introductory
paragraph, 442(f)(9) introductory paragraph and (10) and 446(b)
(9) and (10) introductory paragraph of the act are amended and
the subsections are amended by adding paragraphs to read:
SECTION 2. SECTION 406(F)(9) AND (10) INTRODUCTORY PARAGRAPH
OF THE ACT ARE AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A
PARAGRAPH TO READ:
Section 406. Sales by Liquor Licensees; Restrictions.--* * *
(f) The holder of a hotel or restaurant liquor license may
obtain an off-premises catering permit subject to section
493(33) to hold a catered function off the licensed premises and
on otherwise unlicensed premises where the licensee may sell
wine, liquor and malt or brewed beverages by the glass, open
bottle or other container, and in any mixture together with
food, for consumption on those premises. Functions conducted
under the authority of the permit shall be subject to the
following:
* * *
(9) except as provided under paragraph (10.1), written
notice of the catered function as enumerated in paragraph (10)
shall be provided to the local police and the enforcement bureau
at least seven days in advance of the event;
(10) except as provided under paragraph (10.1), written
notice shall be provided to the board at least fourteen days
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prior to a catered function. Written notice must include the
location of the function, time of the function, host of the
function, general information regarding the guests expected at
the function as well as any information the board shall from
time to time prescribe. The board may, in its discretion, accept
notice in an electronic format. The board may, in its
discretion, waive the fourteen-day notice period for a catered
function if:
* * *
(10.1) if the catered function is part of an end-of-life
memorial event, notice to the local police, the enforcement
bureau and the board shall not be required more than 24 hours
before the catered event. For purposes of this paragraph, an
"end-of-life memorial event" is a gathering of people where
guests honor a person who died within the previous seven days;
* * *
SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 412.1. SPECIAL SPORTING EVENT PERMITS FOR PUBLIC
VENUE LICENSEES.--(A) NOTWITHSTANDING ANY LAW TO THE CONTRARY,
A PUBLIC VENUE LICENSEE HOSTING A SPECIAL SPORTING EVENT MAY
APPLY FOR A SPECIAL SPORTING EVENT PERMIT SUBJECT TO THE FEES
AND PRIVILEGES SET FORTH IN THIS SECTION.
(B) THE SPECIAL SPORTING EVENT PERMIT, IF APPROVED BY THE
BOARD, SHALL AUTHORIZE THE PUBLIC VENUE LICENSEE TO TEMPORARILY
EXTEND ITS REGULARLY LICENSED PREMISES BEYOND THE PUBLIC VENUE
PREMISES ITSELF TO AN OUTSIDE AREA THAT IS IMMEDIATELY ADJACENT
TO THE PUBLIC VENUE OR TO A SEPARATE NONADJACENT AREA BEING
USED, OR BOTH, WITH PERMISSION OF THE OWNER, BY THE PUBLIC VENUE
LICENSEE FOR FUNCTIONS OR ACTIVITIES IN CONJUNCTION WITH THE
SPECIAL SPORTING EVENT, REGARDLESS OF DISTANCE OR ANY
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INTERVENING PUBLIC THOROUGHFARES.
(C) A PERMIT ISSUED UNDER THIS SECTION SHALL BE VALID FOR A
PERIOD OF NO MORE THAN SIX DAYS ASSOCIATED WITH THE SPECIAL
SPORTING EVENT.
(D) THE PERMIT SHALL AUTHORIZE THE HOLDER OF THE PERMIT TO
SELL MALT OR BREWED BEVERAGES AND LIQUOR FOR CONSUMPTION WITHIN
THE SPECIAL SPORTING EVENT PERMITTED AREA OR AREAS ON ANY DAY OF
THE WEEK AND ANY TIME BETWEEN THE HOURS OF TEN O'CLOCK
ANTEMERIDIAN AND TWO O'CLOCK ANTEMERIDIAN THE FOLLOWING DAY, SO
LONG AS THE BEVERAGES ARE SOLD IN SHATTERPROOF CONTAINERS OR
CUPS.
(E) NO SALES OF ALCOHOLIC BEVERAGES FOR CONSUMPTION OFF THE
PERMITTED AREA OR AREAS SHALL BE PERMITTED.
(F) THE HOLDER OF THE PERMIT SHALL PROVIDE WRITTEN NOTICE OF
ANY FUNCTIONS OR ACTIVITIES TO BE CONDUCTED UNDER THE AUTHORITY
OF THE SPECIAL SPORTING EVENT PERMIT TO THE MUNICIPALITY, LOCAL
POLICE AND THE ENFORCEMENT BUREAU AT LEAST SEVEN DAYS IN ADVANCE
OF THE FUNCTION OR ACTIVITIES AND MUST INCLUDE IN THE NOTICE THE
LOCATION, TIME, HOST OF THE FUNCTIONS OR ACTIVITIES, GENERAL
INFORMATION REGARDING THE GUESTS EXPECTED AT THE FUNCTION OR
ACTIVITIES AND ANY OTHER INFORMATION THE BOARD SHALL PRESCRIBE.
(G) A SPECIAL SPORTING EVENT PERMIT HOLDER SHALL VERIFY THE
AGE OF AN INDIVIDUAL WHO APPEARS TO BE UNDER THIRTY-FIVE YEARS
OF AGE BEFORE MAKING A SALE OF ALCOHOL AND, IN DOING SO, SHALL
ACCEPT ANY VALID FORM OF IDENTIFICATION AS SPECIFIED IN SECTION
495(A).
(H) ALL SERVERS AT ANY FUNCTIONS OR ACTIVITIES CONDUCTED
UNDER THE AUTHORITY OF THE SPECIAL SPORTING EVENT PERMIT SHALL
BE IN COMPLIANCE WITH THE RESPONSIBLE ALCOHOL MANAGEMENT
PROVISIONS OF SECTION 471.1.
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(I) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION,
SALES OF ALCOHOLIC BEVERAGES OCCURRING WITHIN THE REGULARLY
LICENSED PUBLIC VENUE PREMISES SHALL AT ALL TIMES REMAIN SUBJECT
TO THE HOURS AND OTHER LIMITATIONS SPECIFIED IN SECTION 412(F).
(J) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT AND TO
THE EXTENT PERMITTED UNDER FEDERAL LAW, A MANUFACTURER MAY
TEMPORARILY PROVIDE FURNITURE, EQUIPMENT, FIXTURES AND
ADVERTISING MATERIALS TO PUBLIC VENUE LICENSEES HOLDING SPECIAL
SPORTING EVENT PERMITS WITHOUT ANY COST OR VALUE RESTRICTIONS,
FOR PURPOSES OF OPERATING UNDER THE PERMITS.
(K) THE APPLICATION SHALL INCLUDE A FEE OF TEN THOUSAND
DOLLARS ($10,000), WHICH SHALL BE DEPOSITED INTO THE STATE
STORES FUND.
(L) THE APPLICATION SHALL DESIGNATE THE SPECIFIC LOCATION,
AREAS, DATES AND TIMES THAT THE APPLICANT INTENDS TO USE THE
PERMIT.
(M) THE BOARD SHALL ISSUE A SPECIAL SPORTING EVENT PERMIT TO
A PUBLIC VENUE LICENSEE APPLICANT UNLESS THE BOARD DETERMINES
THAT ISSUING THE PERMIT WOULD NOT BE IN THE BEST INTERESTS OF
THE PUBLIC. UNDER NO CIRCUMSTANCES MAY THE BOARD ISSUE A SPECIAL
SPORTING EVENT PERMIT FOR AN AREA THAT IS SIMULTANEOUSLY BEING
USED FOR PARKING OR FOR ANY AREA THAT IS NOT PROPERLY SEPARATED
FROM PARKING AREAS WITH FENCING OR OTHER SAFETY BARRIERS.
(N) FOR PURPOSES OF THIS SECTION, THE TERM "SPECIAL SPORTING
EVENT" SHALL MEAN A PROFESSIONAL SPORTS LEAGUE DRAFT, ALL-STAR
GAME, PLAYOFF SERIES OR GAME, COLLEGIATE TOURNAMENT, BOWL GAME,
PLAYOFF GAME OR AN INTERNATIONAL SOCCER TOURNAMENT.
SECTION 4. SECTION 442(F)(9) AND (10) OF THE ACT ARE AMENDED
AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
Section 442. Retail Dispensers' Restrictions on Purchases
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and Sales.--* * *
(f) The holder of an eating place retail dispenser license
may obtain an off-premises catering permit under section 493(33)
to hold a catered function off of the licensed premises and on
otherwise unlicensed premises where the licensee may sell malt
or brewed beverages by the glass, open bottle or any other
container, together with food, for consumption on those premises
solely used for catering premises. Functions conducted under the
authority of the permit shall be subject to the following:
* * *
(9) except as provided under paragraph (10.1), written
notice shall be provided to the board at least fourteen days
prior to a catered function. Written notice must include the
location of the function, time of the function, host of the
function, general information regarding the guests expected at
the function as well as any information the board shall from
time to time prescribe. The board may, in its discretion, accept
notice in an electronic format. The board may, in its
discretion, waive the fourteen-day notice period for a catered
function if:
* * *
(10) except as provided under paragraph (10.1), the board
shall, in its discretion, approve or disapprove a catered
function if the applicant fails to provide timely notice of the
catered function, does not intend to conduct a function that
meets the requirements of this act or has previously conducted a
function that did not meet the requirements of this act;
(10.1) if the catered function is part of an end-of-life
memorial event, notice to the local police, the enforcement
bureau and the board shall not be required more than 24 hours
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before the catered event. For purposes of this paragraph, an
"end-of-life memorial event" is a gathering of people where
guests honor a person who died within the previous seven days;
* * *
SECTION 5. SECTION 446(A)(2) AND (B)(9) AND (10) OF THE ACT
ARE AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH
TO READ:
Section 446. Breweries.--* * *(A) HOLDERS OF A BREWERY
LICENSE MAY:
* * *
(2) OPERATE A RESTAURANT OR BREWERY PUB ON THE LICENSED
PREMISES UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD MAY
ENFORCE: PROVIDED, HOWEVER, THAT SALES ON SUNDAY MAY BE MADE
IRRESPECTIVE OF THE VOLUME OF FOOD SALES IF THE LICENSED
PREMISES ARE AT A PUBLIC VENUE LOCATION. IN ADDITION TO THE
SALES AUTHORIZED UNDER PARAGRAPH (1), THE HOLDER OF A BREWERY
LICENSE MAY SELL WINES, ALCOHOLIC CIDER AND FERMENTED FRUIT
BEVERAGES PRODUCED BY THE HOLDER OF A LIMITED WINERY LICENSE,
MALT OR BREWED BEVERAGES PRODUCED BY [A MANUFACTURER] ANOTHER
BREWERY LICENSED BY THE BOARD AND LIQUOR PRODUCED BY A LIMITED
DISTILLERY OR DISTILLERY LICENSED BY THE BOARD: PROVIDED,
HOWEVER, THAT SAID WINES, MALT OR BREWED BEVERAGES, OR LIQUOR
PRODUCED BY ANOTHER MANUFACTURER AND [LIQUOR] SOLD AT THE
LICENSED PREMISES MUST BE CONSUMED AT THE LICENSED PREMISES[.]
OR AT AN UNLICENSED PREMISES THAT IS IMMEDIATE, ABUTTING,
ADJACENT OR CONTIGUOUS TO THE LICENSED PREMISES, CONTAINED
WITHIN THE SAME BUILDING AS THE LICENSED PREMISES, AND FOR WHICH
SHARED USE HAS BEEN GRANTED BY THE OWNER TO NO MORE THAN THREE
LICENSEES. IN ADDITION, THE COMBINED SALES OF WINE, MALT OR
BREWED BEVERAGES, AND LIQUOR PRODUCED BY ANOTHER MANUFACTURER
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[AND LIQUOR] MAY NOT, ON A YEARLY BASIS, EXCEED FIFTY PER CENTUM
(50%) OF THE ON-PREMISES SALES OF THE BREWERY'S OWN MALT OR
BREWED BEVERAGES FOR THE PRECEDING CALENDAR YEAR: HOWEVER, IF A
BREWERY DID NOT OPERATE FOR AN ENTIRE CALENDAR YEAR DURING THE
PRECEDING YEAR, THEN ITS COMBINED SALES OF WINE, MALT OR BREWED
BEVERAGES, AND LIQUOR PRODUCED BY ANOTHER MANUFACTURER [AND
LIQUOR] MAY NOT, ON A YEARLY BASIS, EXCEED FIFTY PER CENTUM
(50%) OF THE ON-PREMISES SALES OF THE BREWERY'S OWN MALT OR
BREWED BEVERAGES FOR THAT YEAR.
* * *
(b) The holder of a brew pub license may obtain an off-
premises catering permit subject to section 493(33) to hold a
catered function off the licensed premises and on otherwise
unlicensed premises where the licensee may sell wine produced by
a licensed limited winery and malt or brewed beverages produced
by the brewery by the glass, open bottle or other container
together with food, and in any mixture, for consumption on those
premises. Functions conducted under the authority of the permit
shall be subject to the following:
* * *
(9) except as provided under paragraph (10.1), written
notice of the catered function as enumerated in paragraph (10)
shall be provided to the local police and the enforcement bureau
at least seven days in advance of the event;
(10) except as provided under paragraph (10.1), written
notice shall be provided to the board at least fourteen days
prior to a catered function. Written notice must include the
location of the function, time of the function, host of the
function, general information regarding the guests expected at
the function as well as any information the board shall from
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time to time prescribe. The board may, in its discretion, waive
the fourteen-day notice period for a catered function if:
* * *
(10.1) if the catered function is part of an end-of-life
memorial event, notice to the local police, the enforcement
bureau and the board shall not be required more than 24 hours
before the catered event. For purposes of this paragraph, an
"end-of-life memorial event" is a gathering of people where
guests honor a person who died within the previous seven days;
* * *
SECTION 6. SECTION 470.3(A), (A.1)(2), (H), (I) AND (K) OF
THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
SUBSECTIONS TO READ:
SECTION 470.3. LICENSE AUCTION.--(A) A RESTAURANT LIQUOR
LICENSE SHALL BECOME AVAILABLE FOR AUCTION BY THE BOARD UNDER
THE FOLLOWING CONDITIONS:
(1) THE LICENSE HAS NOT BEEN RENEWED UNDER SECTION 470;
(2) THE LICENSE HAS BEEN REVOKED UNDER SECTION 471; [OR]
(3) THE LICENSEE HAS FAILED TO MEET THE REQUIREMENTS UNDER
SECTION 474.1[.]; OR
(4) THE LICENSE HAS BEEN ADMINISTRATIVELY REVOKED UNDER
SECTION 470.4 (RESERVED).
(A.1) * * *
(2) [ANY LICENSES NOT SOLD SHALL BE AVAILABLE FOR SALE AT
FUTURE AUCTIONS, PROVIDED, HOWEVER, THAT NO] NO MORE THAN FIFTY
LICENSES SHALL BE AUCTIONED IN ANY COUNTY PER YEAR.
* * *
(H) THE WINNING BIDDER SHALL PAY TO THE BOARD THE BID AMOUNT
WITHIN [TWO WEEKS] THIRTY DAYS OF BEING AWARDED A LICENSE.
PAYMENT SHALL BE BY CASHIER'S CHECK, CERTIFIED CHECK OR ANY
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OTHER METHOD ACCEPTABLE TO THE BOARD. IF THE WINNING BIDDER DOES
NOT PAY THE BID AMOUNT WITHIN [TWO WEEKS] THIRTY DAYS, THE
SECOND HIGHEST BIDDER SHALL BE AWARDED THE RIGHT TO FILE AN
APPLICATION FOR THE LICENSE, SO LONG AS THE BID AMOUNT IS IN
ACCORDANCE WITH SUBSECTION (G). [THE BOARD SHALL HOLD THE BID
AMOUNT IN ESCROW UNTIL THE LICENSE IS APPROVED.]
(I) WITHIN SIX MONTHS OF BEING AWARDED THE LICENSE, THE
BIDDER OR ITS ASSIGNEE SHALL FILE AN APPLICATION TO TRANSFER THE
LICENSE. THE APPLICATION SHALL BE PROCESSED IN THE SAME MANNER
AS ANY OTHER TRANSFER APPLICATION AND SHALL BE SUBJECT TO THE
SAME RESTRICTIONS AS ANY OTHER TRANSFER APPLICATION, INCLUDING
ANY CONDITIONAL LICENSING AGREEMENTS AND COUNTY QUOTA
RESTRICTIONS UNDER SECTION 461. THE BOARD SHALL ONLY APPROVE THE
TRANSFER OF A LICENSE UNDER THIS SECTION TO A MUNICIPALITY,
OTHER THAN THE MUNICIPALITY IT LAST OPERATED IN, UPON APPROVAL
BY THE GOVERNING BODY OF THE MUNICIPALITY AS PROVIDED UNDER
SECTION 461(B.3).
* * *
(K) A LICENSE ACQUIRED UNDER THIS SECTION MAY SUBSEQUENTLY
BE TRANSFERRED SUBJECT TO ANY RESTRICTIONS THAT WOULD OTHERWISE
BE APPLICABLE TO THE TRANSFER OF THE LICENSE[.], UNLESS THE
LICENSE WAS AWARDED IN AN EXCESS AUCTION UNDER SUBSECTION (L). A
LICENSE AWARDED IN AN EXCESS AUCTION AND SUBSEQUENTLY
TRANSFERRED TO A DIFFERENT COUNTY THAN THE COUNTY OF ORIGINATION
MAY NOT BE TRANSFERRED FROM THE RECEIVING MUNICIPALITY FOR A
PERIOD OF FIVE YEARS AFTER THE DATE THE LICENSED PREMISES ARE
OPERATIONAL.
(L) A LICENSE NOT RECEIVING A BID AT AN INITIAL AUCTION
SHALL BE ELIGIBLE TO BE BID UPON AT THE DISCRETION OF THE BOARD
AND AWARDED AT AN EXCESS AUCTION AS FOLLOWS:
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(1) THE BOARD SHALL HOLD AT LEAST ONE EXCESS AUCTION EVERY
CALENDAR YEAR;
(2) THE LICENSE SHALL BE AWARDED TO THE HIGHEST BIDDER ,
SUBJECT TO THE TWENTY-FIVE THOUSAND DOLLAR ($25,000) MINIMUM BID
THRESHOLD AS PROVIDED UNDER SUBSECTION (G), FOR POSSIBLE USE IN
ANY COUNTY, REGARDLESS OF THE ORIGINAL LOCATION OF THE LICENSED
PREMISES;
(3) THE WINNING BIDDER MAY TRANSFER THE LICENSE WITHOUT
REGARD TO THE RESTRICTIONS UNDER SECTION 461(A) UPON APPROVAL
FROM THE GOVERNING BODY OF THE MUNICIPALITY WHERE THE LICENSE
WILL BE TRANSFERRED AS PROVIDED UNDER SECTION 461(B.3);
(4) A REQUEST TO TRANSFER THE WINNING LICENSE TO A DIFFERENT
COUNTY SHALL BE MADE IN WRITING TO THE BOARD AND SHALL BE
SUBJECT TO AN APPLICATION FEE OF FIFTY THOUSAND DOLLARS
($50,000) FOR TRANSFERS INTO COUNTIES OF THE FIRST THROUGH
FOURTH CLASSES AND TWENTY-FIVE THOUSAND DOLLARS ($25,000) FOR
TRANSFERS INTO COUNTIES OF THE FIFTH THROUGH EIGHTH CLASSES;
(5) NO MORE THAN TWO LICENSES SHALL BE TRANSFERRED INTO THE
SAME COUNTY AS THE RESULT OF AN EXCESS LICENSE AUCTION CONDUCTED
WITHIN THE SAME CALENDAR YEAR; AND
(6) THE BOARD SHALL GIVE PREFERENCE TO THE APPLICANTS
SUBMITTING THE HIGHEST BID AMOUNTS WHEN CONSIDERING TRANSFER
REQUESTS INTO THE SAME COUNTY UNDER THIS SECTION.
(M) ALL REVENUE GENERATED BY THE BOARD RELATIVE TO
CONDUCTING LICENSE AUCTIONS AND COLLECTING TRANSFER APPLICATION
FEES UNDER THIS SECTION SHALL BE DEPOSITED INTO THE STATE STORES
FUND AND MAY BE SUBSEQUENTLY TRANSFERRED BY THE BOARD TO THE
GENERAL FUND AS PART OF ITS ANNUAL PROFIT TRANSFER.
Section 3 7. Section 493(33) of the act is amended to read:
Section 493. Unlawful Acts Relative to Liquor, Malt and
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Brewed Beverages and Licensees.--The term "licensee," when used
in this section, shall mean those persons licensed under the
provisions of Article IV, unless the context clearly indicates
otherwise.
It shall be unlawful--
* * *
(33) Off-premises Catering Permit; Fees. For any licensee,
his servants, agents or employes to sell alcohol at a location
other than its licensed premises, unless the sale is
specifically authorized under this act, or unless the licensee
receives a special permit from the board to do so. Only those
licensees holding a current and valid restaurant, hotel, brew
pub or eating place license shall be allowed to apply for such a
permit. Any licensee that wishes to obtain an off-premises
catering permit must notify the board and pay the permitting
fee. If a licensee notifies the board and pays the permitting
fee and does not then use the permit throughout the calendar
year, the licensee shall not be entitled to a return of the
permitting fee. A licensee shall apply for the permit at least
sixty days prior to the first catered function. All servers at
the off-premises catered function shall be certified under the
board's responsible alcohol management program as required under
section 471.1. The board may charge a fee of five hundred
dollars ($500) each calendar year, to each applicant for the
initial permit associated with a particular license, but no
further fee shall be charged for any subsequent permits issued
to the applicant for the license during the same calendar year.
[The] Unless otherwise provided for by this act, the applicant
shall submit written notice to the board thirty days prior to
each catered event[, unless this]. The time frame [has been] may
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be waived by the board, and the board may approve or disapprove
each event if the applicant fails to provide timely notice of
the catered function, does not intend to conduct a function that
meets the requirements of this act or has previously conducted a
function that did not meet the requirements of this act. The
fees shall be paid into the State Stores Fund. Any violation of
this act or the board's regulations for governing activity
occurring under the authority of this permit may be the basis
for the issuance of a citation under section 471, the nonrenewal
of the license under section 470 or the refusal by the board to
issue subsequent permits or honor subsequent dates on the
existing permit. This penalty shall be in addition to any other
remedies available to the enforcement bureau or the board.
* * *
Section 4. This act shall take effect in 60 days.
SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE ADDITION OF SECTION 412.1 OF THE ACT SHALL TAKE
EFFECT IN 30 DAYS.
(2) THE AMENDMENT OR ADDITION OF SECTION 470.3(A), (A.1)
(2), (H), (I), (K), (L) AND (M) OF THE ACT SHALL TAKE EFFECT
IMMEDIATELY.
(3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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