PRINTER'SH2068B2638A04593 NAD:JMT 05/29/24 #90 A04593 AMENDMENTS TO HOUSE BILL NO.

26382068 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2068REPRESENTATIVE 2024STAATS INTSCHLOSSBERG,Printer's SANCHEZ,No. PROBST, STAATS, HILL-EVANS, MENTZER, HADDOCK AND MALAGARI, FEBRUARY 27, 2024 REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 27, 2024 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,2638 revising,Amend consolidatingBill, andpage restricting1, theline manufacture,22, purchase,by sale,inserting possession,after consumption,"licensee" importation,and transportation,for furnishing,premises holdingto inbe bond,vacated holdingby inpatrons storage,Amend trafficBill, inpage and2, uselines of11 alcoholic liquors, alcohol and malt12, andby brewedstriking beveragesout andall theof personssaid engagedlines orand employedinserting therein;Section 2.

definingSections the474.1 powersheading, (a) and duties(g) and 499(b.1) of the Pennsylvaniaact Liquorare Controlamended Board;to read:

providingAmend forBill, thepage establishment3, andby operationinserting ofbetween Statelines liquor23 stores, for the payment of certain license fees to the respective municipalities and townships,24 forSection the499. abatement of certain nuisances and, in certain cases, for search and seizure without warrant;

prescribingPremises penaltiesto andbe forfeitures;Vacated by Patrons.--* * * (b.1) Upon application of any club, the board shall issue a club extended hours food permit [for a period of six (6) days during the term of its license].

providingThe forboard localshall option,issue and repealing existing laws," in licenses and regulations andgoverning liquor,terms alcohol and malt and brewed beverages, repealing provisions relating to surrender of clubthe licensesapplication. for benefit of licensees and further dispenser, hotel, importing distributor and distributorail license for benefit of licensee.

The Generalpermits Assemblyshall be used solely for the purpose of serving food between the Commonwealthhours of Pennsylvaniathree herebyo'clock enactsantemeridian asand follows:seven o'clock antemeridian.

SectionAll 1.patrons of a licensee shall be required to leave that part of the premises habitually used for the serving of liquor or malt or brewed beverages to guests or patrons not later than one-half hour after the time the licensee is required by this act to cease serving liquor or malt or brewed beverages and shall not be permitted to have any previously served liquor or malt or brewed beverages in their possession, nor shall they be permitted to remove any previously served liquor or malt or brewed beverages from that part of the premises.

Section* 474* of* theSection act3. of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, is repealed:

[SectionAll 474.regulations and parts of regulations are abrogated to the extent of any inconsistency with this act.

SurrenderAmend ofBill, Clubpage Licenses3, forline Benefit24, of Licensees.--Whenever a club license has been returned to the board for the benefit of the licensee due to the licensed establishment not having been in operation for any reason whatsoever for a period of time not exceeding fifteen days, the license shall be held by thestriking boardout for"3" the benefit of the licensee for a period of time not exceeding one year, or, upon proper application to the board, for an additional year, and theinserting license4 shall2024/90NAD/HB2068A04593 be- revoked1 at- the termination of the period, and transfer of the license shall not be permitted after the termination of the period.] Section 2.

Section 474.1 heading, (a) and (g) of the act are amended to read:

Section 474.1.

Surrender of Restaurant, Eating Place Retail Dispenser, Hotel, Club, Catering Club, Importing Distributor and Distributor License for Benefit of Licensee.--(a) A restaurant, eating place retail dispenser, hotel, club, catering club, importing distributor and distributor licensee whose licensed establishment is not in operation for fifteen consecutive days shall return its license for safekeeping with the board no later than at the expiration of the fifteen-day period.

The license may only be reissued from safekeeping in the manner set forth by the board through regulation.

* * * (g) (1) A licensee whose license is subject to this section may, upon written request, apply to the board to allow the license to remain in safekeeping for an additional one year.

The written request must be accompanied by a ten thousand dollar ($10,000) fee for licenses placed in safekeeping from counties of the first class, second class, second class A, third class and fourth class and a fee of five thousand dollars ($5,000) for 20240HB2068PN2638 - 2 - licenses placed in safekeeping from counties of the fifth through eighth classes[.], except that the fees for clubs and catering clubs shall be five thousand dollars ($5,000) for licenses placed in safekeeping from counties of the first class, second class, second class A, third class and fourth class and one thousand dollars ($1,000) for licenses placed in safekeeping from counties of the fifth through eighth classes.

For each subsequent year in safekeeping, the fees set forth in this paragraph shall be doubled over the amount charged for the previous year's fee.

No fee shall be required if the licensee can prove that he or she is unable to use the license through no fault of his or her own, including a fire, flood or other event, which includes the inability to obtain an occupancy permit for the licensed premises from a municipality, that renders the licensed premises unusable.

Factors such as another business operating at the licensed premises, the licensed business being no longer viable or other similar circumstances shall not justify a fee waiver.

The board shall approve the request unless the license or licensee no longer meets the requirements of this act or the board's regulations.

The fee collected shall be paid into the State Treasury through the Department of Revenue into the State Store Fund.

(2) (Reserved).

Section 3.

This act shall take effect in 60 days.

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