Pennsylvania 2019-2020 Regular Session Status: Enacted Bipartisan · 9 R · 8 D cosponsors

HB 131 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions; in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for wine and spirits auction permits, for malt and brewed beverages manufacturers', distributors' and importing distributors' licenses, for breweries and for rights of municipalities preserved; in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, further providing for limited wineries, for distilleries and for records to be kept; in miscellaneous provisions, further providing for construction and applicability; and abrogating regulations.

Last action — Approved by the Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 27 sponsors

    1 primary, 26 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 R · 8 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

499 added · 30 removed

Plain-language change summary

The recent amendments to Bill HB 131 include new language that clarifies definitions related to alcoholic beverages, particularly "alcoholic cider." The changes expand the bill's scope to address auction permits for wines and spirits, protect the rights of municipalities, and specify record-keeping requirements for distilleries and wineries. These adjustments matter because they aim to create clearer regulations within the liquor market in Pennsylvania, potentially benefiting both consumers and producers by ensuring transparent practices and proper licensing.

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PRINTER'S NO.
SENATE AMENDED PRIOR PRINTER'S NOS.
125 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2019 No.
125, 857 PRINTER'S NO.
INTRODUCED BY JOZWIAK, GREINER, BARRAR, MACKENZIE, M.
2264 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
131 2019 INTRODUCED BY JOZWIAK, GREINER, BARRAR, MACKENZIE, M.
KELLER, WARREN, KORTZ, RADER, SCHWEYER, GILLEN, HEFFLEY, DEASY, BURGOS, ECKER, ROTHMAN, MOUL, SANKEY, EVERETT, PASHINSKI, BERNSTINE, MEHAFFIE AND NEILSON, JANUARY 28, 2019 REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 28, 2019 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;
KELLER, WARREN, KORTZ, RADER, SCHWEYER, GILLEN, HEFFLEY, DEASY, BURGOS, ECKER, ROTHMAN, MOUL, SANKEY, EVERETT, PASHINSKI, BERNSTINE, MEHAFFIE, NEILSON, BROOKS, WHEELAND, MASSER, DELLOSO AND T.
DAVIS, JANUARY 28, 2019 AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 26, 2019 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;
providing for local option, and repealing existing laws," in preliminary provisions, further defining "alcoholic cider." The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
providing for local option, and repealing existing laws," in preliminary provisions, further providing for definitions;
in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing FOR WINE AND SPIRITS <-- AUCTION PERMITS, for malt and brewed beverages manufacturers', distributors' and importing distributors' licenses and, for breweries AND FOR RIGHTS OF MUNICIPALITIES <-- PRESERVED;
in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, further providing for limited wineries and, for distilleries AND FOR RECORDS TO <-- BE KEPT;
and, in miscellaneous provisions, further providing <-- for construction and applicability;
AND ABROGATING <-- REGULATIONS.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
The definition of "alcoholic cider" in section 102 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, is amended to read:
The definition of "alcoholic cider" in section 102 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, is amended and the section is amended by adding a definition to read:
* * * Section 2.
* * * "Fermented fruit beverage" shall mean a beverage which may contain carbonation in an amount not to exceed six and four tenths grams per liter, produced through alcoholic fermentation of fruit, fruit juice, fruit juice concentrate and water with or without flavorings, consisting of at least one-half of one per centum, but not greater than eight and one-half per centum, alcohol by volume and sold or offered for sale not as a wine, a wine product or a substitute for wine, in bottles, cases, kegs, 20190HB0131PN2264 - 2 - cans or other suitable containers of the type used for the sale of malt or brewed beverages in this Commonwealth.
* * * SECTION 2.
SECTION 408.12(G) AND (I) OF THE ACT ARE AMENDED <-- TO READ:
SECTION 408.12.
WINE AND SPIRITS AUCTION PERMITS.--* * * (G) ANY WINE AND SPIRITS SOLD UNDER THIS SECTION SHALL BE PURCHASED FROM A PENNSYLVANIA LIQUOR STORE, A PENNSYLVANIA LIMITED WINERY, LIMITED DISTILLERY OR ANY SELLER AUTHORIZED TO SELL WINE OR SPIRITS BY THE BOTTLE OR CASE IN THIS COMMONWEALTH OR SHALL BE DONATED BY A PERSON [WHO IS NEITHER A LICENSEE NOR A PERMITTEE] WHO HAS LEGALLY ACQUIRED THE WINE OR SPIRITS AND LEGALLY POSSESSES IT IN THIS COMMONWEALTH.
IF THE DONATED WINE OR SPIRITS IS FROM A LOCATION OUTSIDE OF THIS COMMONWEALTH, THE WINE OR SPIRITS MAY BE IMPORTED AS A GIFT AND SUBJECT TO THE PROCEDURES AND FEES IMPOSED BY THE BOARD.
* * * (I) [THE] IF THE WINE OR SPIRITS IS PURCHASED FROM AN ENTITY OTHER THAN THE BOARD, THE PERMITTEE SHALL BE RESPONSIBLE FOR PAYING TO THE BOARD AN AMOUNT EQUAL TO ALL TAXES WHICH WOULD HAVE BEEN PAID ON SUCH WINE OR SPIRITS IF IT HAD BEEN PURCHASED FROM A PENNSYLVANIA LIQUOR STORE, TOGETHER WITH A PROCESSING FEE TO BE DETERMINED BY THE BOARD.
* * * Section 2 3.
Section 431 of the act is amended by adding a <-- subsection to read:
Section 431.
Malt and Brewed Beverages Manufacturers', Distributors' and Importing Distributors' Licenses.--* * * (g) (1) Any nonalcoholic malt or brewed beverage produced by an out-of-State manufacturer of malt or brewed beverages or a 20190HB0131PN2264 - 3 - Pennsylvania manufacturer of malt or brewed beverages which has designated an importing distributor pursuant to this section shall be distributed in accordance with the provisions of this section notwithstanding that it is not a malt or brewed beverage as defined in section 102.
(2) For the purposes of this subsection, "nonalcoholic malt or brewed beverage" means any beverage intended to be marketed or sold as nonalcoholic beer having at least a trace amount of alcohol content but which does not contain one-half per centum (0.5%) or more alcohol by volume.
Section 3.
Sections 446(a)(2), 505.2(a) and (b), 505.4 <-- heading, (b)(1) and (8) and (c)(1) and 1001 of the act are amended to read:
SECTION 4.
SECTION 446(A)(2) OF THE ACT IS AMENDED 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.
The holder of a brewery license may sell wines [and], alcoholic cider and fermented fruit beverages produced by the holder of a limited winery license, malt or brewed beverages produced by a manufacturer 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 produced by another manufacturer and liquor must be consumed at the licensed premises.
In addition, the combined sales of wine, malt or 20190HB0131PN2264 - 4 - brewed beverages 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 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 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.
* * * SECTION 5.
SECTION 493.1 OF THE ACT IS AMENDED BY ADDING A <-- SUBSECTION TO READ:
SECTION 493.1 RIGHTS OF MUNICIPALITIES PRESERVED.--* * * (E) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE HOLDER OF A LIMITED WINERY LICENSE THAT IS LOCATED IN A CLASS 2A THROUGH 8 COUNTY MAY USE OR PERMIT TO BE USED INSIDE OR OUTSIDE OF THE LICENSED PREMISES A LOUDSPEAKER OR SIMILAR DEVICE WHEREBY THE SOUND OF MUSIC OR OTHER ENTERTAINMENT, OR THE ADVERTISEMENT THEREOF, DOES NOT EXCEED 75 DECIBELS BEYOND THE LICENSEE'S PROPERTY LINE.
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(2) THE PROVISIONS OF SUBSECTION (A) SHALL ONLY APPLY:
(I) FROM TEN O'CLOCK ANTEMERIDIAN UNTIL EIGHT O'CLOCK POSTMERIDIAN ON EVERY DAY EXCEPT FRIDAYS AND SATURDAYS;
AND (II) FROM TEN O'CLOCK ANTEMERIDIAN UNTIL TEN O'CLOCK POSTMERIDIAN ON FRIDAYS OR SATURDAYS.
(3) NOTHING IN THIS SECTION MAY BE CONSTRUED TO LIMIT THE RIGHTS OF A MUNICIPALITY UNDER SUBSECTION (A).
SECTION 6.
SECTIONS 505.2(A) AND (B), 505.4 HEADING, (B)(1) AND (8) AND (C)(1), 512 AND 1001 OF THE ACT ARE AMENDED TO READ:
Section 505.2.
Limited Wineries.--(a) In the interest of 20190HB0131PN2264 - 5 - promoting tourism and recreational development in Pennsylvania, holders of a limited winery license may:
(1) Produce and sell alcoholic ciders, fermented fruit beverages, mead, wines and wine coolers, subject to the exceptions provided under this section, only from an agricultural commodity grown in Pennsylvania.
(2) Sell alcoholic cider, fermented fruit beverages, mead, wine and wine coolers produced by the limited winery or purchased in bulk in bond from another Pennsylvania limited winery on the licensed premises, under such conditions and regulations as the board may enforce, to the board, to individuals and to brewery, importing distributor, distributor, hotel, restaurant, club and public service liquor licensees, and to Pennsylvania winery licensees:
Provided, That a limited winery shall not, in any calendar year, purchase alcoholic cider, fermented fruit beverages, mead or wine produced by other limited wineries in an amount in excess of fifty per centum of the alcoholic cider, fermented fruit beverage, mead or wine produced by the purchasing limited winery in the preceding calendar year.
In addition, the holder of a limited winery license may purchase wine in bottles from another Pennsylvania limited winery if these wines undergo a second fermentation process.
Such wine may be sold in bottles bearing the purchasing limited winery's label or the producing limited winery's label.
Such wines, if sold by the board, may be sold by the producing limited winery to the purchasing limited winery at a price lower than the price charged by the board.
(2.1) Notwithstanding any other provision of this act or law to the contrary, only ship wine in accordance with the provisions of section 488.
20190HB0131PN2264 - 6 - (3) Separately or in conjunction with other limited wineries, sell alcoholic cider, fermented fruit beverages, mead, wine and wine coolers produced by the limited winery on no more than five (5) board-approved locations other than the licensed premises, with no bottling or production requirement at those additional board-approved locations and under such conditions and regulations as the board may enforce, to the board, to individuals and to brewery, hotel, restaurant, club and public service liquor licensees.
If two or more limited wineries apply to operate an additional board-approved location in conjunction with each other, the wineries need only have one board-approved manager for the location, need only pay one application fee and need not designate specific or distinct areas for each winery's licensed area.
Each limited winery must file an application for such an additional board-approved location, and such location shall count as one of the five permitted for each limited winery.
Each limited winery is responsible for keeping only its own complete records.
A limited winery may be cited for a violation of the recordkeeping requirements of sections 512 and 513 pertaining to its own records only.
(4) At the discretion of the board, obtain a special permit to participate in alcoholic cider, fermented fruit beverage, mead, wine and food expositions off the licensed premises.
A special permit shall be issued upon proper application and payment of a fee of thirty dollars ($30) per day for each day of permitted use, not to exceed thirty (30) consecutive days.
The total number of days for all the special permits may not exceed one hundred (100) days in any calendar year.
A special permit shall entitle the holder to engage in the sale by the glass, by the bottle or in case lots of alcoholic cider, fermented fruit 20190HB0131PN2264 - 7 - beverage, mead or wine produced by the permittee under the authority of a limited winery license.
Holders of special permits may provide tasting samples of wines in individual portions not to exceed one fluid ounce.
Samples at alcoholic cider, fermented fruit beverage, mead, wine and food expositions may be sold or offered free of charge.
Except as provided herein, limited wineries utilizing special permits shall be governed by all applicable provisions of this act as well as by all applicable regulations or conditions adopted by the board.
For the purposes of this clause, "alcoholic cider, fermented fruit beverage, mead, wine and food expositions" are defined as affairs held indoors or outdoors with the intent of promoting Pennsylvania products by educating those in attendance of the availability, nature and quality of Pennsylvania-produced alcoholic ciders, fermented fruit beverages, mead and wines in conjunction with suitable food displays, demonstrations and sales.
Alcoholic cider, fermented fruit beverage, mead, wine and food expositions may also include activities other than alcoholic cider, fermented fruit beverage, mead, wine and food displays, including arts and crafts, musical activities, cultural exhibits, agricultural exhibits and farmers markets.
(4.1) At the discretion of the board, obtain a farmers market permit.
The permit shall entitle the holder to participate in more than one farmers market at any given time and an unlimited number throughout the year and sell alcoholic cider, fermented fruit beverages, mead or wine produced under the authority of the underlying limited winery license by the bottle or in case lots.
Samples not to exceed one fluid once per brand of mead or wine may be offered free of charge.
A farmers market permit shall be issued upon proper application and 20190HB0131PN2264 - 8 - payment of an annual fee of two hundred fifty dollars ($250).
A permit holder may participate in more than one farmers market at any given time.
Sales by permit holders shall take place during the standard hours of operation of the farmers market.
Written notice of the date, times and location the permit is to be used shall be provided by the permit holder to the enforcement bureau at least two (2) weeks prior to the event.
Except as provided in this subsection, limited wineries utilizing farmers market permits shall be governed by all applicable provisions of this act as well as by all applicable regulations adopted by the board.
(5) Do either of the following:
(i) Apply for and hold a hotel liquor license, a restaurant liquor license or a malt and brewed beverages retail license to sell for consumption at the restaurant or limited winery on the licensed winery premises, liquor, wine and malt or brewed beverages regardless of the place of manufacture under the same conditions and regulations as any other hotel liquor license, restaurant liquor license or malt and brewed beverages retail license.
(ii) Apply for and hold a restaurant liquor license for use at one of the additional board-approved locations referenced under clause (3), as long as such location does not serve as an additional board-approved location for any other manufacturer.
(6) (i) Secure a permit from the board to allow the holder of a limited winery license to use up to twenty-five per centum permitted fruit, not wine, in the current year's production.
Each permit is valid only for the calendar year in which it is issued.
(ii) The fee for a permit to import and use permitted fruit 20190HB0131PN2264 - 9 - shall be in an amount to be determined by the board.
(iii) The purpose of this section is to increase the productivity of limited wineries while at the same time protecting the integrity and unique characteristics of wine produced from fruit primarily grown in this Commonwealth.
Prevailing climatic conditions have a significant impact on the character of the fruit.
Accordingly, "permitted fruit" shall mean fruit grown or juice derived from fruit grown within three hundred fifty (350) miles of the winery.
(iv) The department is authorized to promulgate regulations requiring the filing of periodic reports by limited wineries to ensure compliance with the provisions of this section.
(6.1) Sell food for consumption on or off the licensed premises and at the limited winery's additional board-approved locations and sell by the glass, at the licensed premises and at the limited winery's additional board-approved locations, wine, mead [and], alcoholic ciders and fermented fruit beverages that may otherwise be sold by the bottle.
In addition, the holder of a limited winery license may sell for consumption on the licensed premises and at the limited winery's additional board- approved locations, liquor produced by a licensed distillery or limited distillery, wine [and], alcoholic cider and fermented fruit beverages produced by another limited winery and malt or brewed beverages produced by a licensed brewery.
The combined sales of wine [and], alcoholic cider and fermented fruit beverages produced by another limited winery, malt or brewed beverages and liquor may not, on a yearly basis, exceed fifty per centum of the on-premises sales of the limited winery's own sales of wine [and], alcoholic cider and fermented fruit beverages for the preceding calendar year:
however, if a limited 20190HB0131PN2264 - 10 - winery did not operate for an entire calendar year during the preceding year, then its combined sales of wine and alcohol produced by another limited winery, malt or brewed beverages and liquor may not, on a yearly basis, exceed fifty per centum of the on-premises sales of the limited winery's own wine [and], alcoholic cider and fermented fruit beverages for that year.
(6.2) Sell wine- or liquor-scented candles acquired or produced by the limited winery.
(6.3) Sell alcoholic cider, fermented fruit beverages, mead, wine and wine coolers only between the hours of nine o'clock antemeridian and eleven o'clock postmeridian.
A limited winery also may request approval from the board to extend sales hours in individual locations at other times during the year or beyond the limits set forth in this clause.
The request shall be made in writing to the board's Office of the Chief Counsel and shall detail the exact locations where sales hours are proposed to be extended, the proposed hours and dates of extended operation and the reason for the proposed extended hours.
(6.4) Store alcoholic cider, fermented fruit beverages, mead, wine and wine coolers produced by the limited winery at no more than two (2) board-approved locations other than the licensed premises and those premises referenced in clause (3) pertaining to the five (5) board-approved locations for the sale of wine, with no bottling or production requirement at those additional locations and under such conditions and regulations as the board may enforce.
If two (2) or more businesses will operate out of the same storage facility, the limited winery must designate specific and distinct areas for its storage.
The limited winery's designated storage area must be secured and no one other than the licensee and his employees may be allowed 20190HB0131PN2264 - 11 - access to the storage area.
No board-approved manager will be necessary for the storage facility.
The limited winery must fill out an application for such an additional board-approved storage location, and such location shall count as one of the two permitted for each limited winery.
The limited winery is responsible for keeping only its own complete records.
A limited winery may be cited for a violation of the recordkeeping requirements of sections 512 and 513 pertaining to its own records only.
(b) The total production of alcoholic ciders, fermented fruit beverages, mead, wine and wine coolers by a limited winery may not exceed two hundred thousand (200,000) gallons per year.
* * * Section 505.4.
Limited Distilleries and Distilleries.--* * * (b) (1) The board may issue a limited distillery license that will allow the holder thereof to operate a distillery that shall not exceed production of one hundred thousand (100,000) gallons of distilled liquor per year.
The holder of the license may manufacture and sell bottled liquors produced on the licensed premises to the board, to entities licensed by the board and to the public between the hours of nine o'clock antemeridian and eleven o'clock postmeridian so long as a specific code of distilled liquor which is listed for sale as a stock item by the board in State liquor stores may not be offered for sale at a licensed limited distillery location at a price which is lower than that charged by the board and under such conditions and regulations as the board may enforce.
The holder of a limited distillery license may not sell a product or a substantially similar product which is listed for sale as a stock item by the board in State Liquor Stores to a licensee at 20190HB0131PN2264 - 12 - a price which is lower than that charged by the board and under such conditions and regulations as the board may enforce.
The holder of a limited distillery license may also sell wine [and], alcoholic cider and fermented fruit beverages produced by a licensed limited winery, liquor produced by a licensed distillery or limited distillery and malt or brewed beverages produced by a licensed brewery for on-premises consumption.
The combined sales of wine, malt or brewed beverages and liquor produced by another licensed distillery or limited distillery may not, on a yearly basis, exceed fifty per centum of the on- premises sales of the limited distillery's own sales of liquor for the preceding calendar year:
however, if a limited distillery 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 licensed distillery or limited distillery may not, on a yearly basis, exceed fifty per centum of the on-premises sales of the limited distillery's own liquor for that year.
* * * (8) At the discretion of the board the holder of a limited distillery license may obtain a special permit to participate in [alcoholic cider,] liquor and food expositions off the licensed premises.
A special permit shall be issued upon proper application and payment of a fee of thirty dollars ($30) per day for each day of permitted use, not to exceed thirty (30) consecutive days.
The total number of days for all the special permits may not exceed one hundred (100) days in any calendar year.
A special permit shall entitle the holder to engage in the sale by the glass, by the bottle or in case lots of liquor produced by the permittee under the authority of a limited 20190HB0131PN2264 - 13 - distillery license.
Holders of special permits may provide tasting samples of liquor in individual portions not to exceed one and one-half (1.5) fluid ounces.
Samples at [alcoholic cider,] liquor and food expositions may be sold or offered free of charge.
Except as provided in this clause, limited distilleries utilizing special permits shall be governed by all applicable provisions of this act as well as by all applicable regulations or conditions adopted by the board.
For the purposes of this clause, ["alcoholic cider, liquor] "liquor and food expositions" are defined as affairs held indoors or outdoors with the intent of promoting Pennsylvania products by educating those in attendance of the availability, nature and quality of Pennsylvania-produced [alcoholic ciders and] liquors in conjunction with suitable food displays, demonstrations and sales.
[Alcoholic cider, liquor] Liquor and food expositions may also include activities other than [alcoholic cider,] liquor and food displays, including arts and crafts, musical activities, cultural exhibits, agricultural exhibits and farmers markets.
* * * (c) (1) The holder of a distillery license as issued under section 505 may sell bottled liquors produced on the licensed premises to the board, to entities licensed by the board and to the public between the hours of nine o'clock antemeridian and eleven o'clock postmeridian so long as a specific code of distilled liquor which is listed for sale as a stock item by the board in State liquor stores may not be offered for sale at a licensed distillery location at a price which is lower than that charged by the board and under such conditions and regulations as the board may enforce.
The holder of a distillery license may not sell a product or a substantially similar product which is 20190HB0131PN2264 - 14 - listed for sale as a stock item by the board in State Liquor Stores to a licensee at a price which is lower than that charged by the board and under such conditions and regulations as the board may enforce.
The holder of a distillery license may also sell its liquor, wine [and], alcoholic cider and fermented fruit beverages produced by a licensed limited winery, liquor produced by a licensed distillery or limited distillery and malt or brewed beverages produced by a licensed brewery for on-premises consumption.
The combined sales of wine, malt or brewed beverages and liquor produced by another licensed distillery or limited distillery may not, on a yearly basis, exceed fifty per centum of the on-premises sales of the distillery's own sales of liquor for the preceding calendar year:
however, if a distillery 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 licensed distillery or limited distillery may not, on a yearly basis, exceed fifty per centum of the on-premises sales of the distillery's own liquor for that year.
* * * SECTION 512.
RECORDS TO BE KEPT.--EVERY PERSON HOLDING A <-- LICENSE ISSUED UNDER THE PROVISIONS OF THIS ARTICLE SHALL KEEP ON THE LICENSED PREMISES DAILY PERMANENT RECORDS WHICH SHALL SHOW, (A) THE QUANTITIES OF ANY ALCOHOL OR LIQUOR MANUFACTURED, PRODUCED, DISTILLED, DEVELOPED, DENATURED, REDISTILLED, RECOVERED, REUSED, STORED IN BOND, STORED AS BAILEE FOR HIRE, RECEIVED OR USED IN THE PROCESS OF MANUFACTURE BY HIM, AND OF ALL OTHER MATERIAL USED IN MANUFACTURING OR DEVELOPING ANY ALCOHOL OR LIQUOR;
(B) THE SALES OR OTHER DISPOSITION OF ANY ALCOHOL, LIQUOR OR MALT OR BREWED BEVERAGES IF COVERED BY SAID 20190HB0131PN2264 - 15 - LICENSE;
(C) THE QUANTITIES THEREOF, IF ANY, STORED IN BOND, STORED FOR HIRE, OR TRANSPORTED FOR HIRE BY OR FOR THE LICENSEE;
AND (D) THE NAMES AND ADDRESSES OF THE PURCHASERS OR OTHER RECIPIENTS THEREOF:
PROVIDED, HOWEVER, THAT PERSONS HOLDING LICENSES ISSUED UNDER THE PROVISIONS OF THIS ARTICLE FOR THE TRANSPORTATION FOR HIRE OF ANY ALCOHOL, LIQUOR OR MALT OR BREWED BEVERAGES SHALL NOT BE REQUIRED TO KEEP THE ABOVE RECORDS, BUT SHALL KEEP DAILY PERMANENT RECORDS SHOWING THE NAMES AND ADDRESSES OF THE PERSONS FROM WHOM ANY ALCOHOL, LIQUOR OR MALT OR BREWED BEVERAGE WAS RECEIVED AND TO WHOM DELIVERED, AND SUCH OTHER PERMANENT RECORDS AS THE BOARD SHALL PRESCRIBE[.]:
PROVIDED, HOWEVER, THAT A SALES INVOICE MAY NOT BE REQUIRED FOR PURCHASES MADE AT A LIMITED WINERY BY A PRIVATE INDIVIDUAL UNLESS THE PURCHASE IS FOR GREATER THAN 16 LITERS IN A SINGLE TRANSACTION.
Section 1001.
Construction and Applicability.--(a) Except as provided in subsection (b), unless the context clearly indicates otherwise, a reference to "malt or brewed beverages" in a statute shall be construed to include alcoholic cider and fermented fruit beverages.
(b) Regardless of context, a reference to "malt or brewed beverages" in Article XX of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," shall be construed to include alcoholic cider and fermented fruit beverages.
(c) Except as provided in subsection (d), unless the context clearly indicates otherwise, a reference to "wine" in a statute shall be construed to exclude alcoholic cider and fermented fruit beverages.
(d) Regardless of context, a reference to "wine" in the act 20190HB0131PN2264 - 16 - of December 5, 1933 (Sp.Sess., P.L.38, No.6), known as the "Spirituous and Vinous Liquor Tax Law," shall be construed to exclude alcoholic cider and fermented fruit beverages.
SECTION 7.
THE PROVISIONS OF 40 PA.
CODE § 5.103(B) ARE <-- ABROGATED INSOFAR AS THEY ARE INCONSISTENT WITH THE AMENDMENT OF SECTION 512 OF THE ACT.
Section 4 8.
20190HB0131PN0125 - 2 -
AS <-- FOLLOWS:
(1) THE AMENDMENT OR ADDITION OF SECTIONS 493.1(E) AND 512 SHALL TAKE EFFECT IMMEDIATELY.
(2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
20190HB0131PN2264 - 17 -
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Amendments

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Action History

  1. Approved by the Governor

  2. Presented to the Governor

  3. Signed in Senate

  4. Signed in House

  5. House concurred in Senate amendments

  6. Re-reported on concurrence, as committed

  7. Referred to RULES

  8. Third consideration and final passage

  9. PN 2264 Amended on third consideration

  10. Re-reported as committed

  11. Re-referred to APPROPRIATIONS

  12. Second consideration

  13. First consideration

  14. Reported as committed

  15. Referred to LAW AND JUSTICE

  16. Third consideration and final passage

  17. Re-reported as committed

  18. Re-committed to APPROPRIATIONS

  19. Second consideration

  20. Removed from table

  21. Laid on the table

  22. First consideration

  23. PN 0857 Reported as amended

  24. PN 0125 Referred to LIQUOR CONTROL

Sponsors

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Votes

HB 131 PN 2264, CONCUR

Passed 199 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 92001
Republican 53002
Democratic 54000
Total 199003
% of votes cast 99%0%0%1%
How each member voted (202)
Member Party Vote
BARRAR — Yea
BOBACK — Yea
BROWN — Yea
COX — Yea
DIGIROLAMO — Yea
DOWLING — Yea
DUNBAR — Yea
EVERETT — Yea
GABLER — Yea
GILLESPIE — Yea
GREGORY — Yea
HAHN — Yea
HELM — Yea
HENNESSEY — Yea
HERSHEY — Yea
HICKERNELL — Yea
JONES — Yea
JOZWIAK — Yea
KAUFER — Yea
KELLER, M.K. — Yea
KNOWLES — Yea
LEWIS — Yea
MARSHALL — Yea
MASSER — Yea
METCALFE — Yea
MILLARD — Yea
MIZGORSKI — Yea
MURT — Yea
NELSON — Yea
NESBIT — Yea
OBERLANDER — Yea
PEIFER — Yea
POLINCHOCK — Yea
PUSKARIC — Yea
PYLE — Yea
QUINN — Yea
REESE — Yea
RYAN — Yea
SANKEY — Yea
SAYLOR — Yea
SCHEMEL — Yea
SCHROEDER — Yea
SIMMONS — Yea
SONNEY — Yea
STEPHENS — Yea
THOMAS — Yea
TOBASH — Yea
TOEPEL — Yea
TOOHIL — Yea
WHEELAND — Yea
BOYLE — Yea
BULLOCK — Yea
CALTAGIRONE — Yea
CRUZ — Yea
DELISSIO — Yea
DELUCA — Yea
DERMODY — Yea
DONATUCCI — Yea
DRISCOLL — Yea
EVANS — Yea
FITZGERALD — Yea
GAINEY — Yea
GALLOWAY — Yea
GOODMAN — Yea
HARRELL — Yea
HARRIS — Yea
INNAMORATO — Yea
KINSEY — Yea
KIRKLAND — Yea
KORTZ — Yea
LEE — Yea
LONGIETTI — Yea
MCCARTER — Yea
MULLERY — Yea
PETRARCA — Yea
RAVENSTAHL — Yea
READSHAW — Yea
ROEBUCK — Yea
ROZZI — Not Voting
SAINATO — Yea
SIMS — Yea
SNYDER — Yea
STURLA — Yea
ULLMAN — Yea
WHEATLEY — Yea
WILLIAMS — Yea
YOUNGBLOOD — Yea
ZABEL — Yea
TURZAI — Yea
Dan Miller — Yea
Louis Schmitt — Yea
Seth Grove — Yea
Torren Ecker — Yea
Andre D. Carroll Democratic Yea
Anita Astorino Kulik Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Bridget M. Kosierowski Democratic Yea
Carolyn T. Comitta Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Yea
Frank Burns Democratic Yea
Greg Vitali Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Yea
Joe Webster Democratic Yea
Joseph C. Hohenstein Democratic Yea
Kristine C. Howard Democratic Yea
Kyle J. Mullins Democratic Yea
Leanne Krueger Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Marty Flynn Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nathan Davidson Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Not Voting
Barbara Gleim Republican Yea
Brad Roae Republican Yea
Brett R. Miller Republican Yea
Bryan Cutler Republican Yea
Bud Cook Republican Yea
Carl Walker Metzgar Republican Yea
Clint Owlett Republican Yea
Craig T. Staats Republican Yea
Cris Dush Republican Yea
Dan Moul Republican Yea
David H. Zimmerman Republican Yea
David M. Maloney Republican Yea
Dawn W. Keefer Republican Yea
Doyle Heffley Republican Yea
Frank A. Farry Republican Yea
Gary W. Day Republican Yea
Greg Rothman Republican Yea
Jack Rader Republican Yea
James B. Struzzi Republican Yea
Jamie Walsh Republican Yea
Jason Ortitay Republican Yea
Jesse Topper Republican Yea
Jim Rigby Republican Yea
Joe Emrick Republican Yea
John A. Lawrence Republican Yea
Jonathan Fritz Republican Yea
Joshua D. Kail Republican Yea
Kate A. Klunk Republican Yea
Kathy L. Rapp Republican Yea
Keith J. Greiner Republican Yea
Kerry A. Benninghoff Republican Yea
Lynda Schlegel Culver Republican Yea
Marci Mustello Republican Yea
Mark M. Gillen Republican Yea
Martin T. Causer Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Not Voting
Milou Mackenzie Republican Yea
Mindy Fee Republican Yea
Natalie Mihalek Republican Yea
Parke Wentling Republican Yea
R. Lee James Republican Yea
Rich Irvin Republican Yea
Rob W. Kauffman Republican Yea
Russ Diamond Republican Yea
Ryan Warner Republican Yea
Sheryl M. Delozier Republican Yea
Stephanie Borowicz Republican Yea
Steven C. Mentzer Republican Yea
Thomas L. Mehaffie Republican Yea
Timothy J. O'Neal Republican Yea
Tina Pickett Republican Yea
Valerie S. Gaydos Republican Yea
Zachary Mako Republican Yea

Official roll call →

FINAL PASSAGE

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 17000
Unaffiliated 20000
Democratic 13000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
IOVINO — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
REGAN — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
WILLIAMS, ANTHONY H — Yea
YUDICHAK — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Katie J. Muth Democratic Yea
Lindsey M. Williams Democratic Yea
Lisa M. Boscola Democratic Yea
Maria Collett Democratic Yea
Sharif Street Democratic Yea
Steven J. Santarsiero Democratic Yea
Timothy P. Kearney Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Doug Mastriano Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Joe Pittman Republican Yea
Judy Ward Republican Yea
Kathleen C. Tomlinson Republican Yea
Kim L. Ward Republican Yea
Kristin Phillips-Hill Republican Yea
Lisa Baker Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Passed 23 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 8001
Unaffiliated 8000
Democratic 7000
Total 23001
% of votes cast 96%0%0%4%
How each member voted (24)
Member Party Vote
BLAKE — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
SCAVELLO — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Maria Collett Democratic Yea
Sharif Street Democratic Yea
Steven J. Santarsiero Democratic Yea
Vincent J. Hughes Democratic Yea
Daniel Laughlin Republican Not Voting
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Joe Pittman Republican Yea
Kristin Phillips-Hill Republican Yea
Patrick J. Stefano Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 2000
Republican 3000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
AUMENT — Yea
BREWSTER — Yea
KILLION — Yea
REGAN — Yea
A. WILLIAMS — Yea
SCARNATI — Yea
Christine M. Tartaglione Democratic Yea
Wayne D. Fontana Democratic Yea
Gene Yaw Republican Yea
Judy Ward Republican Yea
Patrick J. Stefano Republican Yea

Official roll call →

FINAL PASSAGE

Passed 194 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 90004
Republican 53001
Democratic 51002
Total 194007
% of votes cast 97%0%0%3%
How each member voted (201)
Member Party Vote
BARRAR — Yea
BOBACK — Yea
BROWN — Yea
COX — Yea
DIGIROLAMO — Yea
DOWLING — Yea
DUNBAR — Yea
ELLIS — Not Voting
EVERETT — Yea
GABLER — Not Voting
GILLESPIE — Yea
GREGORY — Yea
HAHN — Yea
HELM — Yea
HENNESSEY — Yea
HERSHEY — Yea
HICKERNELL — Yea
JONES — Yea
JOZWIAK — Yea
KAUFER — Yea
KELLER, F. — Yea
KELLER, M.K. — Yea
KNOWLES — Yea
LEWIS — Yea
MARSHALL — Yea
MASSER — Yea
METCALFE — Yea
MILLARD — Yea
MIZGORSKI — Yea
MURT — Yea
NELSON — Yea
NESBIT — Yea
OBERLANDER — Yea
PEIFER — Yea
POLINCHOCK — Yea
PUSKARIC — Yea
PYLE — Yea
QUINN — Yea
REESE — Yea
RYAN — Yea
SANKEY — Yea
SAYLOR — Yea
SCHEMEL — Yea
SCHROEDER — Yea
SIMMONS — Yea
SONNEY — Yea
STEPHENS — Yea
THOMAS — Yea
TOBASH — Yea
TOEPEL — Yea
TOOHIL — Yea
WHEELAND — Yea
BOYLE — Yea
BULLOCK — Yea
CALTAGIRONE — Yea
CRUZ — Yea
DELISSIO — Yea
DELUCA — Yea
DERMODY — Yea
DONATUCCI — Yea
DRISCOLL — Yea
EVANS — Yea
FITZGERALD — Yea
GAINEY — Yea
GALLOWAY — Yea
GOODMAN — Yea
HARRIS — Yea
INNAMORATO — Yea
KINSEY — Yea
KIRKLAND — Yea
KORTZ — Yea
LEE — Yea
LONGIETTI — Yea
MCCARTER — Yea
MULLERY — Yea
PETRARCA — Yea
RAVENSTAHL — Yea
READSHAW — Yea
ROEBUCK — Yea
ROZZI — Yea
SAINATO — Yea
SIMS — Not Voting
SNYDER — Yea
STURLA — Yea
ULLMAN — Yea
WHEATLEY — Yea
WILLIAMS — Yea
YOUNGBLOOD — Not Voting
ZABEL — Yea
TURZAI — Yea
Dan Miller — Yea
Louis Schmitt — Yea
Seth Grove — Yea
Torren Ecker — Yea
Andre D. Carroll Democratic Yea
Anita Astorino Kulik Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Carolyn T. Comitta Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Yea
Frank Burns Democratic Yea
Greg Vitali Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Not Voting
Joe Webster Democratic Yea
Joseph C. Hohenstein Democratic Yea
Kristine C. Howard Democratic Yea
Kyle J. Mullins Democratic Yea
Leanne Krueger Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Marty Flynn Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Not Voting
Maureen E. Madden Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nathan Davidson Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Yea
Barbara Gleim Republican Yea
Brad Roae Republican Yea
Brett R. Miller Republican Yea
Bryan Cutler Republican Yea
Bud Cook Republican Yea
Carl Walker Metzgar Republican Yea
Clint Owlett Republican Yea
Craig T. Staats Republican Yea
Cris Dush Republican Yea
Dan Moul Republican Yea
David H. Zimmerman Republican Yea
David M. Maloney Republican Yea
Dawn W. Keefer Republican Yea
Doyle Heffley Republican Yea
Frank A. Farry Republican Yea
Gary W. Day Republican Yea
Greg Rothman Republican Yea
Jack Rader Republican Yea
James B. Struzzi Republican Yea
Jamie Walsh Republican Yea
Jason Ortitay Republican Yea
Jesse Topper Republican Yea
Jim Rigby Republican Yea
Joe Emrick Republican Yea
John A. Lawrence Republican Yea
Jonathan Fritz Republican Yea
Joshua D. Kail Republican Yea
Kate A. Klunk Republican Yea
Kathy L. Rapp Republican Yea
Keith J. Greiner Republican Yea
Kerry A. Benninghoff Republican Yea
Lynda Schlegel Culver Republican Yea
Mark M. Gillen Republican Yea
Martin T. Causer Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Not Voting
Milou Mackenzie Republican Yea
Mindy Fee Republican Yea
Natalie Mihalek Republican Yea
Parke Wentling Republican Yea
R. Lee James Republican Yea
Rich Irvin Republican Yea
Rob W. Kauffman Republican Yea
Russ Diamond Republican Yea
Ryan Warner Republican Yea
Sheryl M. Delozier Republican Yea
Stephanie Borowicz Republican Yea
Steven C. Mentzer Republican Yea
Thomas L. Mehaffie Republican Yea
Timothy J. O'Neal Republican Yea
Tina Pickett Republican Yea
Valerie S. Gaydos Republican Yea
Zachary Mako Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 131?
HB 131 is sponsored by Tina M. Davis (Democratic), Milou Mackenzie (Republican), Ed Neilson (Democratic), Brooks, Keith J. Greiner (Republican), Barrar, M. K. Keller, Perry S. Warren (Democratic), Kortz, Jack Rader (Republican), Peter Schweyer (Democratic), Mark M. Gillen (Republican), Doyle Heffley (Republican), Daniel J. Deasy (Democratic), Danilo Burgos (Democratic), Greg Rothman (Republican), Dan Moul (Republican), Sankey, Everett, Eddie Day Pashinski (Democratic), Aaron Bernstine (Republican), Thomas L. Mehaffie (Republican), Wheeland, Masser, David M. Delloso (Democratic), Torren Ecker, and Barry Jozwiak.
What is the current status of HB 131?
This bill has been enacted into law. Introduced January 28, 2019. Enacted.
Where can I track HB 131?
Track HB 131 free on One Click Politics — get push/email alerts when it moves.

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