HB 763 — 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, further providing for authority to issue liquor licenses to hotels, restaurants and clubs, for sales by liquor licensees and restrictions, for sale of malt or brewed beverages by liquor licensees, for interlocking business prohibited, for retail dispensers' restrictions on purchases and sales, for unlawful acts relative to malt or brewed beverages and licensees, for unlawful acts relative to liquor, malt and brewed beverages and licensees and for premises to be vacated by patrons.

PRIOR PRINTER'S NO.

813 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1328763 THE2019 GENERALINTAND ASSEMBLYHILL-EVANS, OFMARCH PENNSYLVANIA8, HOUSE2019MAN, BILLIRVIN, SessionBERNSTINE, MULLERY REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 8, 2019 AN ACT Amending the act of No.April 12, 1951 (P.L.90, No.21), entitled "An act relating to alcoholic liquors, alcohol and malt and brewed beverages;

763amending, 2019revising, INTANDconsolidating HILL-EVANS,and MARCHchanging 8, 2019MAN, IRVIN, BERNSTINE, MULLERY AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 8, 2019 AN ACT Amending the actlaws of April 12, 1951 (P.L.90, No.21), entitled "An act relating tothereto; alcoholic liquors, alcohol and malt and brewed beverages;

amending,regulating revising, consolidating 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;

providing for local option, and repealing existing laws," in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for authority to issue liquor licenses to hotels, restaurants and clubs, FORfor SALESsale <--of malt or brewed beverages by liquor licensees, for retail dispensers'premises restrictionsto onbe purchasesvacated andby sales,patrons.ses FORand UNLAWFULsales ACTSand <--for RELATIVEThe TOGeneral MALTAssembly ORof BREWEDthe BEVERAGESCommonwealth ANDof LICENSEESPennsylvania andhereby forenacts premisesas tofollows: be vacated by patrons.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Sections 401(a), 407(a), 442(a)(1) and 499(a.1) <-- (4) of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended to read:

SECTION 1.

SECTIONS 401(A), 406(A)(4), 407(A), 442(A)(1), <-- 492(7) AND 499(A.1)(4) OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, ARE AMENDED TO READ:

This prohibition shall also apply to magisterial district judges, judges or any other individuals who 20190HB0763PN1328 - 2 - can impose a criminal sentence.

This section does not 20190HB0763PN0813 - 2 - apply if the proposed premises are located outside the jurisdiction of the individual in question.

* * * SECTION 406.

SALES BY LIQUOR LICENSEES;

RESTRICTIONS.--(A) <-- * * * (4) (I) HOTEL AND RESTAURANT LIQUOR LICENSEES, MUNICIPAL GOLF COURSE RESTAURANT LIQUOR LICENSEES AND PRIVATELY-OWNED PUBLIC GOLF COURSE RESTAURANT LICENSEES WHICH DO NOT QUALIFY FOR AND PURCHASE SUCH SPECIAL PERMIT, THEIR SERVANTS, AGENTS OR EMPLOYES MAY SELL LIQUOR AND MALT OR BREWED BEVERAGES ONLY AFTER SEVEN O'CLOCK ANTEMERIDIAN OF ANY DAY AND UNTIL TWO O'CLOCK ANTEMERIDIAN OF THE FOLLOWING DAY, AND SHALL NOT SELL AFTER TWO O'CLOCK ANTEMERIDIAN ON SUNDAY.

NO CLUB LICENSEE OR ITS SERVANTS, AGENTS OR EMPLOYES MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES BETWEEN THE HOURS OF THREE O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY.

NO PUBLIC SERVICE LIQUOR LICENSEE OR ITS SERVANTS, AGENTS, OR EMPLOYES MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES BETWEEN THE HOURS OF TWO O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY.

(II) NO CLUB LICENSEE OR ITS SERVANTS, AGENTS OR EMPLOYES MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES FOR OFF-PREMISES CONSUMPTION BETWEEN THE HOURS OF TWO O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY.

Sale of Malt or Brewed Beverages by Liquor 20190HB0763PN1328 - 3 - Licensees.--(a) Every liquor license issued to a hotel, restaurant, club, or a railroad, pullman or steamship company under this subdivision (A) for the sale of liquor shall authorize the licensee to sell malt or brewed beverages at the same places but subject to the same restrictions and penalties as apply to sales of liquor, except that licensees [other than clubs] may sell malt or brewed beverages for consumption off the premises where sold in quantities of not more than one hundred ninety-two fluid ounces in a single sale to one person.

Sales may be made in open or 20190HB0763PN0813 - 3 - closed containers, Provided, however, That a municipality may adopt an ordinance restricting open containers in public places.

No club licensee may sell any malt or brewed beverages for consumption off the premises [where sold or] to persons not 20190HB0763PN1328 - 4 - members of the club.

* * * SECTION 492.

UNLAWFUL ACTS RELATIVE TO MALT OR BREWED <-- BEVERAGES AND LICENSEES.-- IT SHALL BE UNLAWFUL-- * * * (7) (I) CLUBS SELLING BETWEEN THREE O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN.

FOR ANY CLUB RETAIL DISPENSER, OR ITS SERVANTS, AGENTS OR EMPLOYES, TO SELL MALT OR BREWED BEVERAGES BETWEEN THE HOURS OF THREE O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY.

(II) CLUBS SELLING MALT OR BREWED BEVERAGES FOR OFF-PREMISES CONSUMPTION BETWEEN TWO O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN.

FOR ANY CLUB RETAIL DISPENSER OR ITS SERVANTS, AGENTS OR EMPLOYES, TO SELL MALT OR BREWED BEVERAGES FOR OFF- PREMISES CONSUMPTION BETWEEN THE HOURS OF TWO O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY.

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