Pennsylvania Act 2023-51 — LIQUOR CODE - SALES BY LIQUOR LICENSEES AND RESTRICTIONS, RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES AND SALES, BREWERIES AND UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND BREWED BEVERAGES AND LICENSEES

Act text

Session of 2023

No. 2023-51

HB 1160

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, further providing for sales by liquor licensees and restrictions, 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. Sections 406(f)(3) and (13) and (h), 442(f)(2) and (13), 446(b)(3) and (13) and 493(33) of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended 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:

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(3) each catered function shall last no longer than one day and [not more than fifty-two] an unlimited number of catered functions may be held each calendar year by each license holder for use with a particular license;

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(13) no catered function may be held for more than [five] six hours per day and must end by midnight unless the catered function occurs on December 31 of any calendar year on which date the catered function must end by two o'clock antemeridian;

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(h) Notwithstanding any other provision of law or regulation, a catering club licensee may cater a self-sponsored event no more than [twelve] twenty-four occasions during its licensed term with no more than [one event] two events in any calendar month.

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Section 442. Retail Dispensers' Restrictions on Purchases 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:

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(2) each catered function shall last no longer than one day and [not more than fifty-two] an unlimited number of catered functions may be held each calendar year by each license holder for use with a particular license;

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(13) no catered function may be held for more than [five] six hours per day and must end by midnight unless the catered function occurs on December 31 of any calendar year on which the date the catered function must end by two o'clock antemeridian;

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Section 446. Breweries.--* * *

(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:

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(3) each catered function shall last no longer than one day and [not more than fifty-two] an unlimited number of catered functions may be held each calendar year by each license holder for use with a particular license;

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(13) no catered function may be held for more than [five] six hours per day and must end by midnight unless the catered function occurs on December 31 of any calendar year on which date the catered function must end by two o'clock antemeridian;

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Section 493. Unlawful Acts Relative to Liquor, Malt and 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--

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(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 . [by March of each calendar year regardless of whether the licensee has scheduled catered events. Any licensee that fails to notify the board and pay the permit fee by March 1 shall be precluded from obtaining the permit for that calendar year.] If a licensee notifies the board and pays the permitting fee [by March 1] and does not then use the permit throughout the calendar year, the licensee shall not be entitled to a return of the permitting fee. [Any licensee not granted a license until after March 1 of the calendar year shall have sixty days from the date of the license transfer to notify the board of the licensee's intention to use an off-premises catering permit and pay the permitting fee. The board shall have the discretion to allow the issuance of the permit after the March 1 deadline if the applicant is a licensee in good standing with the board and complies with all other requirements for the off-premises catering permit.] 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 applicant shall submit written notice to the board thirty days prior to each catered event, unless this time frame has been 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.

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Section 2. This act shall take effect as follows:

(1) The amendment of section 406(h) of the act shall take effect in 60 days.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect January 1, 2025.

APPROVED--The 14th day of December, A.D. 2023.

JOSH SHAPIRO