Struck = removed from the bill ยท
added = the amendment's new text.
PRIORH0131B0125A00160 PRINTER'SAJB:CMD 03/08/19 #90 A00160 AMENDMENTS TO HOUSE BILL NO.
125131 PRINTER'SSponsor: NO.
857REPRESENTATIVE THEJOZWIAK GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
131125 2019Amend INTRODUCEDBill, BYpage JOZWIAK,1, GREINER,line BARRAR,17, MACKENZIE,by M.striking out "defining "alcoholic cider."" and inserting providing for definitions;
K.in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for breweries;
KELLER,in WARREN,distilleries, KORTZ,wineries, RADER,bonded SCHWEYER,warehouses, GILLEN,bailees HEFFLEY,for DEASY,hire BURGOS,and ECKER,transporters ROTHMAN,for MOUL,hire, SANKEY,further EVERETT,providing PASHINSKI,for BERNSTINE,limited MEHAFFIE,wineries NEILSON, BROOKS, WHEELAND AND MASSER, JANUARY 28, 2019 AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 11, 2019 AN ACT Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An act relating to alcoholic liquors, alcohol and maltfor anddistilleries; brewed beverages;
amending,in revising,miscellaneous consolidatingprovisions, andfurther changingproviding thefor lawsconstruction relatingand thereto;applicability.
regulatingAmend Bill, page 2, by inserting between lines 15 and restricting16 the"Fermented manufacture,fruit purchase,beverage" sale,shall possession,mean consumption,a importation,beverage transportation,which furnishing,may holdingcontain carbonation in bond,an holdingamount innot storage,to trafficexceed insix and usefour oftenths grams per liter, produced through alcoholic liquors,fermentation alcoholof fruit, fruit juice, fruit juice concentrate and maltwater with or without flavorings, consisting of at least one-half of one per centum, but not greater than eight and brewedone-half beveragesper 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, cans or other suitable containers of the personstype engagedused for the sale of malt or employedbrewed therein;beverages in this Commonwealth.
defining* the* powers* andSection for2. 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;
prescribingSections penalties446(a)(2), 505.2(a) and forfeitures;(b), 505.4 heading, (b)(1) and (8) and (c)(1) and 1001 of the act are amended to read:
providingSection for446. local option, and repealing existing laws," in preliminary provisions, further defining "alcoholic cider." <-- PROVIDING FOR DEFINITIONS;
INBreweries.--(a) LICENSESHolders ANDof REGULATIONSa ANDbrewery <--license LIQUOR,may: ALCOHOL AND MALT AND BREWED BEVERAGES, FURTHER PROVIDING FOR MALT AND BREWED BEVERAGES MANUFACTURERS', DISTRIBUTORS' AND IMPORTING DISTRIBUTORS' LICENSES AND FOR BREWERIES;
IN* DISTILLERIES,* WINERIES,* BONDED(2) WAREHOUSES,Operate BAILEESa FORrestaurant HIREor ANDbrewery TRANSPORTERSpub FORon HIRE,the FURTHERlicensed PROVIDINGpremises FORunder LIMITEDsuch WINERIESconditions ANDand FORregulations DISTILLERIES;as the board may enforce:
AND,Provided, INhowever, MISCELLANEOUSThat PROVISIONS,sales FURTHERon PROVIDINGSunday FORmay CONSTRUCTIONbe ANDmade APPLICABILITY.irrespective of the volume of food sales if the licensed premises are at a public venue location.
The Generalholder Assembly of a brewery license may sell wines [and], alcoholic cider and fermented fruit beverages produced by the Commonwealthholder of Pennsylvaniaa herebylimited enactswinery aslicense, follows: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:
SectionProvided, 1.2019/90AJB/HB0131A00160 - 1 - however, That said wines, malt or brewed beverages produced by another manufacturer and liquor must be consumed at the licensed premises.
TheIn definitionaddition, the combined sales of "alcoholicwine, cider"malt inor sectionbrewed 102beverages ofproduced theby actanother ofmanufacturer Apriland 12,liquor 1951may (P.L.90,not, No.21),on knowna asyearly basis, exceed fifty per centum (50%) of the Liquoron- Code,premises issales amendedof ANDthe THEbrewery's SECTIONown ISmalt AMENDEDor BYbrewed ADDINGbeverages Afor <--the DEFINITIONpreceding tocalendar read:year:
Sectionhowever, 102.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.
Definitions.--The* following* words* orSection phrases,505.2. unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:
*Limited *Wineries.--(a) *In "Alcoholicthe cider"interest 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 any fruit or fruit juice], which is primarily derived from apples, apple juice concentrate and water or pears, pear juice concentrate and water, consisting of atpromoting leasttourism one-half of one per centum, but not greater than eight and one-halfrecreational perdevelopment centum, alcohol by volume and sold or offered for sale as alcoholic cider and not as a wine, a wine product or as a substitute for wine, in bottles,Pennsylvania, cases,holders kegs, cans or other suitable containers of thea typelimited usedwinery forlicense themay: sale of malt or brewed beverages in this Commonwealth.
*(1) *Produce *and "FERMENTEDsell FRUITalcoholic BEVERAGE"ciders, SHALLfermented MEANfruit Abeverages, BEVERAGEmead, WHICHwines MAYand <--wine CONTAINcoolers, CARBONATIONsubject INto ANthe AMOUNTexceptions NOTprovided TOunder EXCEEDthis SIXsection, ANDonly FOURfrom TENTHSan GRAMSagricultural PERcommodity LITER,grown PRODUCEDin THROUGHPennsylvania. 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, CANS OR OTHER SUITABLE CONTAINERS OF THE TYPE USED FOR THE SALE 20190HB0131PN0857 - 2 - OF MALT OR BREWED BEVERAGES IN THIS COMMONWEALTH.
*(2) *Sell *alcoholic SECTIONcider, 2.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:
SECTIONProvided, 431That OFa THElimited ACTwinery ISshall AMENDEDnot, BYin ADDINGany Acalendar SUBSECTIONyear, TOpurchase READ: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.
SECTIONIn 431.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.
MALTSuch ANDwine BREWEDmay BEVERAGESbe MANUFACTURERS',sold DISTRIBUTORS'in ANDbottles IMPORTINGbearing DISTRIBUTORS'the LICENSES.--*purchasing *limited *winery's (G)label (1)or ANYthe NONALCOHOLICproducing MALTlimited ORwinery's BREWEDlabel. BEVERAGE PRODUCED BY AN OUT-OF-STATE MANUFACTURER OF MALT OR BREWED BEVERAGES OR A 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)Such FORwines, THEif PURPOSESsold OFby THISthe SUBSECTION,board, "NONALCOHOLICmay MALTbe ORsold BREWEDby BEVERAGE"the MEANSproducing ANYlimited BEVERAGEwinery INTENDEDto TOthe BEpurchasing MARKETEDlimited ORwinery SOLDat ASa NONALCOHOLICprice BEERlower HAVINGthan ATthe LEASTprice Acharged TRACEby AMOUNTthe OFboard. ALCOHOL CONTENT BUT WHICH DOES NOT CONTAIN ONE-HALF PER CENTUM (0.5%) OR MORE ALCOHOL BY VOLUME.
SECTION(2.1) 3.Notwithstanding any other provision of this act or law to the contrary, only ship wine in accordance with the provisions of section 488.
SECTIONS(3) 446(A)(2),Separately 505.2(A)or ANDin (B),conjunction 505.4with HEADING,other (B)(1)limited ANDwineries, (8)sell ANDalcoholic (C)(1)cider, ANDfermented 1001fruit OFbeverages, THEmead, ACTwine AREand AMENDEDwine TOcoolers READ: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 2019/90AJB/HB0131A00160 - 2 - individuals and to brewery, hotel, restaurant, club and public service liquor licensees.
SECTIONIf 446.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.
BREWERIES.--(A)Each HOLDERSlimited OFwinery Amust BREWERYfile LICENSEan MAY: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 (2)is OPERATEresponsible Afor RESTAURANTkeeping ORonly BREWERYits PUBown ONcomplete THErecords. LICENSED PREMISES UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE:
PROVIDED,A HOWEVER,limited THATwinery SALESmay ONbe SUNDAYcited MAYfor BEa MADEviolation IRRESPECTIVEof OFthe THErecordkeeping VOLUMErequirements OFof FOODsections SALES512 IFand THE513 LICENSEDpertaining PREMISESto AREits ATown Arecords PUBLIConly. VENUE LOCATION.
THE(4) HOLDERAt OFthe Adiscretion BREWERYof LICENSEthe MAYboard, SELLobtain WINESa [AND],special ALCOHOLICpermit CIDERto ANDparticipate FERMENTEDin 20190HB0131PN0857alcoholic -cider, 3fermented -fruit FRUITbeverage, BEVERAGESmead, PRODUCEDwine BYand THEfood HOLDERexpositions OFoff Athe LIMITEDlicensed WINERYpremises. 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,A HOWEVER,special THATpermit SAIDshall WINES,be MALTissued ORupon BREWEDproper BEVERAGESapplication PRODUCEDand BYpayment ANOTHERof MANUFACTURERa ANDfee LIQUORof MUSTthirty BEdollars CONSUMED($30) ATper THEday LICENSEDfor PREMISES.each day of permitted use, not to exceed thirty (30) consecutive days.
INThe ADDITION,total THEnumber COMBINEDof SALESdays OFfor WINE,all MALTthe ORspecial BREWEDpermits BEVERAGESmay PRODUCEDnot BYexceed ANOTHERone MANUFACTURERhundred AND(100) LIQUORdays MAYin NOT,any ONcalendar Ayear. 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 BREWERYspecial DIDpermit NOTshall OPERATEentitle FORthe ANholder ENTIREto CALENDARengage YEARin DURINGthe THEsale PRECEDINGby YEAR,the THENglass, ITSby COMBINEDthe SALESbottle OFor WINE,in MALTcase ORlots BREWEDof BEVERAGESalcoholic PRODUCEDcider, BYfermented ANOTHERfruit MANUFACTURERbeverage, ANDmead LIQUORor MAYwine NOT,produced ONby Athe YEARLYpermittee BASIS,under EXCEEDthe FIFTYauthority PERof CENTUMa (50%)limited OFwinery THElicense. ON-PREMISES SALES OF THE BREWERY'S OWN MALT OR BREWED BEVERAGES FOR THAT YEAR.
*Holders *of *special SECTIONpermits 505.2.may provide tasting samples of wines in individual portions not to exceed one fluid ounce.
LIMITEDSamples WINERIES.--(A)at INalcoholic THEcider, INTERESTfermented OFfruit PROMOTINGbeverage, TOURISMmead, ANDwine RECREATIONALand DEVELOPMENTfood INexpositions PENNSYLVANIA,may HOLDERSbe OFsold Aor LIMITEDoffered WINERYfree LICENSEof MAY:charge.
(1)Except PRODUCEas ANDprovided SELLherein, ALCOHOLIClimited CIDERS,wineries FERMENTEDutilizing FRUITspecial BEVERAGES,permits MEAD,shall WINESbe ANDgoverned WINEby COOLERS,all SUBJECTapplicable TOprovisions THEof EXCEPTIONSthis PROVIDEDact UNDERas THISwell SECTION,as ONLYby FROMall ANapplicable AGRICULTURALregulations COMMODITYor GROWNconditions INadopted PENNSYLVANIA.by the board.
(2)For SELLthe ALCOHOLICpurposes CIDER,of FERMENTEDthis FRUITclause, BEVERAGES,"alcoholic MEAD,cider, WINEfermented ANDfruit WINEbeverage, COOLERSmead, PRODUCEDwine BYand THEfood LIMITEDexpositions" WINERYare ORdefined PURCHASEDas INaffairs BULKheld INindoors BONDor FROMoutdoors ANOTHERwith PENNSYLVANIAthe LIMITEDintent WINERYof ONpromoting THEPennsylvania LICENSEDproducts PREMISES,by UNDEReducating SUCHthose CONDITIONSin ANDattendance REGULATIONSof ASthe THEavailability, BOARDnature MAYand ENFORCE,quality TOof THEPennsylvania-produced BOARD,alcoholic TOciders, INDIVIDUALSfermented ANDfruit TObeverages, BREWERY,mead IMPORTINGand DISTRIBUTOR,wines DISTRIBUTOR,in 20190HB0131PN0857conjunction -with 4suitable -food HOTEL,displays, RESTAURANT,demonstrations CLUBand ANDsales. PUBLIC SERVICE LIQUOR LICENSEES, AND TO PENNSYLVANIA WINERY LICENSEES:
PROVIDED,Alcoholic THATcider, Afermented LIMITEDfruit WINERYbeverage, SHALLmead, NOT,wine INand ANYfood CALENDARexpositions YEAR,may PURCHASEalso ALCOHOLICinclude CIDER,activities FERMENTEDother FRUITthan BEVERAGES,alcoholic MEADcider, ORfermented WINEfruit PRODUCEDbeverage, BYmead, OTHERwine LIMITEDand WINERIESfood INdisplays, ANincluding AMOUNTarts INand EXCESScrafts, OFmusical FIFTYactivities, PERcultural CENTUMexhibits, OFagricultural THEexhibits ALCOHOLICand CIDER,farmers FERMENTEDmarkets. FRUIT BEVERAGE, MEAD OR WINE PRODUCED BY THE PURCHASING LIMITED WINERY IN THE PRECEDING CALENDAR YEAR.
IN(4.1) ADDITION,At THEthe HOLDERdiscretion OFof Athe LIMITEDboard, WINERYobtain LICENSEa MAYfarmers PURCHASEmarket WINEpermit. IN BOTTLES FROM ANOTHER PENNSYLVANIA LIMITED WINERY IF THESE WINES UNDERGO A SECOND FERMENTATION PROCESS.
SUCHThe WINEpermit MAYshall BEentitle SOLDthe INholder BOTTLESto BEARINGparticipate THEin PURCHASINGmore LIMITEDthan WINERY'Sone LABELfarmers ORmarket THEat PRODUCINGany LIMITEDgiven WINERY'Stime LABEL.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.
SUCHSamples WINES,not IFto SOLDexceed BYone THEfluid BOARD,once MAYper BE2019/90AJB/HB0131A00160 SOLD- BY3 THE- PRODUCINGbrand LIMITEDof WINERYmead TOor THEwine PURCHASINGmay LIMITEDbe WINERYoffered ATfree Aof PRICEcharge. LOWER THAN THE PRICE CHARGED BY THE BOARD.
(2.1)A NOTWITHSTANDINGfarmers ANYmarket OTHERpermit PROVISIONshall OFbe THISissued ACTupon ORproper LAWapplication TOand THEpayment CONTRARY,of ONLYan SHIPannual WINEfee INof ACCORDANCEtwo WITHhundred THEfifty PROVISIONSdollars OF($250). SECTION 488.
(3)A SEPARATELYpermit ORholder INmay CONJUNCTIONparticipate WITHin OTHERmore LIMITEDthan WINERIES,one SELLfarmers ALCOHOLICmarket CIDER,at FERMENTEDany FRUITgiven BEVERAGES,time. 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.
IFSales TWOby ORpermit MOREholders LIMITEDshall WINERIEStake APPLYplace TOduring OPERATEthe ANstandard ADDITIONALhours BOARD-APPROVEDof LOCATIONoperation INof CONJUNCTIONthe WITHfarmers EACHmarket. OTHER, THE WINERIES NEED ONLY HAVE ONE BOARD-APPROVED MANAGER FOR THE LOCATION, NEED ONLY PAY ONE APPLICATION FEE AND 20190HB0131PN0857 - 5 - NEED NOT DESIGNATE SPECIFIC OR DISTINCT AREAS FOR EACH WINERY'S LICENSED AREA.
EACHWritten LIMITEDnotice WINERYof MUSTthe FILEdate, ANtimes APPLICATIONand FORlocation SUCHthe ANpermit ADDITIONALis BOARD-APPROVEDto LOCATION,be ANDused SUCHshall LOCATIONbe SHALLprovided COUNTby ASthe ONEpermit OFholder THEto FIVEthe PERMITTEDenforcement FORbureau EACHat LIMITEDleast WINERY.two (2) weeks prior to the event.
EACHExcept LIMITEDas WINERYprovided ISin RESPONSIBLEthis FORsubsection, KEEPINGlimited ONLYwineries ITSutilizing OWNfarmers COMPLETEmarket RECORDS.permits shall be governed by all applicable provisions of this act as well as by all applicable regulations adopted by the board.
A(5) LIMITEDDo WINERYeither MAYof BEthe CITEDfollowing: FOR A VIOLATION OF THE RECORDKEEPING REQUIREMENTS OF SECTIONS 512 AND 513 PERTAINING TO ITS OWN RECORDS ONLY.
(4)(i) ATApply THEfor DISCRETIONand OFhold THEa BOARD,hotel OBTAINliquor Alicense, SPECIALa PERMITrestaurant TOliquor PARTICIPATElicense INor ALCOHOLICa CIDER,malt FERMENTEDand FRUITbrewed BEVERAGE,beverages MEAD,retail WINElicense ANDto FOODsell EXPOSITIONSfor OFFconsumption THEat LICENSEDthe PREMISES.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.
A(ii) SPECIALApply PERMITfor SHALLand BEhold ISSUEDa UPONrestaurant PROPERliquor APPLICATIONlicense ANDfor PAYMENTuse OFat Aone FEEof OFthe THIRTYadditional DOLLARSboard-approved ($30)locations PERreferenced DAYunder FORclause EACH(3), DAYas OFlong PERMITTEDas USE,such NOTlocation TOdoes EXCEEDnot THIRTYserve (30)as CONSECUTIVEan DAYS.additional board-approved location for any other manufacturer.
THE(6) TOTAL(i) NUMBERSecure OFa DAYSpermit FORfrom ALLthe THEboard SPECIALto PERMITSallow MAYthe NOTholder EXCEEDof ONEa HUNDREDlimited (100)winery DAYSlicense INto ANYuse CALENDARup YEAR.to twenty-five per centum permitted fruit, not wine, in the current year's production.
AEach SPECIALpermit PERMITis SHALLvalid ENTITLEonly THEfor HOLDERthe TOcalendar ENGAGEyear INin THEwhich SALEit BYis THEissued. GLASS, BY THE BOTTLE OR IN CASE LOTS OF ALCOHOLIC CIDER, FERMENTED FRUIT BEVERAGE, MEAD OR WINE PRODUCED BY THE PERMITTEE UNDER THE AUTHORITY OF A LIMITED WINERY LICENSE.
HOLDERS(ii) OFThe SPECIALfee PERMITSfor MAYa PROVIDEpermit TASTINGto SAMPLESimport OFand WINESuse INpermitted INDIVIDUALfruit PORTIONSshall NOTbe TOin EXCEEDan ONEamount FLUIDto OUNCE.be determined by the board.
SAMPLES(iii) ATThe ALCOHOLICpurpose CIDER,of FERMENTEDthis FRUITsection BEVERAGE,is MEAD,to WINEincrease ANDthe FOODproductivity EXPOSITIONSof MAYlimited BEwineries SOLDwhile ORat OFFEREDthe FREEsame OFtime CHARGE.protecting the integrity and unique characteristics of wine produced from fruit primarily grown in this Commonwealth.
EXCEPTPrevailing ASclimatic PROVIDEDconditions HEREIN,have LIMITEDa WINERIESsignificant UTILIZINGimpact SPECIALon PERMITSthe SHALLcharacter BEof GOVERNEDthe BYfruit. ALL APPLICABLE PROVISIONS OF THIS ACT AS WELL AS BY ALL APPLICABLE REGULATIONS OR CONDITIONS ADOPTED BY THE BOARD.
FORAccordingly, THE"permitted PURPOSESfruit" OFshall THISmean CLAUSE,fruit "ALCOHOLICgrown CIDER,or FERMENTEDjuice FRUITderived BEVERAGE,from MEAD,fruit WINEgrown ANDwithin FOODthree EXPOSITIONS"hundred AREfifty DEFINED(350) ASmiles AFFAIRSof HELDthe INDOORSwinery. OR OUTDOORS WITH THE INTENT OF PROMOTING 20190HB0131PN0857 - 6 - 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(iv) CIDER,The FERMENTEDdepartment FRUITis BEVERAGE,authorized MEAD,to WINEpromulgate ANDregulations FOODrequiring EXPOSITIONSthe MAYfiling ALSOof INCLUDEperiodic ACTIVITIESreports OTHERby THANlimited ALCOHOLICwineries CIDER,to FERMENTEDensure FRUITcompliance BEVERAGE,with MEAD,the WINEprovisions ANDof FOODthis DISPLAYS,section. INCLUDING ARTS AND CRAFTS, MUSICAL ACTIVITIES, CULTURAL EXHIBITS, AGRICULTURAL EXHIBITS AND FARMERS MARKETS.
(4.1)(6.1) ATSell THEfood DISCRETIONfor OFconsumption THEon BOARD,or OBTAINoff Athe FARMERSlicensed MARKETpremises PERMIT.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.
THEIn PERMITaddition, SHALLthe ENTITLEholder THEof HOLDERa TOlimited PARTICIPATEwinery INlicense MOREmay THANsell ONEfor FARMERSconsumption MARKETon ATthe ANY2019/90AJB/HB0131A00160 GIVEN- TIME4 AND- ANlicensed UNLIMITEDpremises NUMBERand THROUGHOUTat THEthe YEARlimited ANDwinery's SELLadditional ALCOHOLICboard- CIDER,approved FERMENTEDlocations, FRUITliquor BEVERAGES,produced MEADby ORa WINElicensed PRODUCEDdistillery UNDERor THElimited AUTHORITYdistillery, OFwine THE[and], UNDERLYINGalcoholic LIMITEDcider WINERYand LICENSEfermented BYfruit THEbeverages BOTTLEproduced ORby INanother CASElimited LOTS.winery and malt or brewed beverages produced by a licensed brewery.
SAMPLESThe NOTcombined TOsales EXCEEDof ONEwine FLUID[and], ONCEalcoholic PERcider BRANDand OFfermented MEADfruit ORbeverages WINEproduced MAYby BEanother OFFEREDlimited FREEwinery, OFmalt CHARGE.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:
Ahowever, FARMERSif MARKETa PERMITlimited SHALLwinery BEdid ISSUEDnot UPONoperate PROPERfor APPLICATIONan ANDentire PAYMENTcalendar OFyear ANduring ANNUALthe FEEpreceding OFyear, TWOthen HUNDREDits FIFTYcombined DOLLARSsales ($250).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.
A(6.2) PERMITSell HOLDERwine- MAYor PARTICIPATEliquor-scented INcandles MOREacquired THANor ONEproduced FARMERSby MARKETthe ATlimited ANYwinery. GIVEN TIME.
SALES(6.3) BYSell PERMITalcoholic HOLDERScider, SHALLfermented TAKEfruit PLACEbeverages, DURINGmead, THEwine STANDARDand HOURSwine OFcoolers OPERATIONonly OFbetween THEthe FARMERShours MARKET.of nine o'clock antemeridian and eleven o'clock postmeridian.
WRITTENA NOTICElimited OFwinery THEalso DATE,may TIMESrequest ANDapproval LOCATIONfrom THEthe PERMITboard ISto TOextend BEsales USEDhours SHALLin BEindividual PROVIDEDlocations BYat THEother PERMITtimes HOLDERduring TOthe THEyear ENFORCEMENTor BUREAUbeyond ATthe LEASTlimits TWOset (2)forth WEEKSin PRIORthis TOclause. THE EVENT.
EXCEPTThe ASrequest PROVIDEDshall INbe THISmade SUBSECTION,in LIMITEDwriting WINERIESto UTILIZINGthe FARMERSboard's MARKETOffice PERMITSof SHALLthe BEChief GOVERNEDCounsel BYand ALLshall APPLICABLEdetail PROVISIONSthe OFexact THISlocations ACTwhere ASsales WELLhours ASare BYproposed ALLto APPLICABLEbe REGULATIONSextended, ADOPTEDthe BYproposed THEhours BOARD.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) DOboard-approved EITHERlocations OFfor THEthe FOLLOWING:sale of wine, with no bottling or production requirement at those additional locations and under such conditions and regulations as the board may enforce.
20190HB0131PN0857If -two 7(2) -or (I)more APPLYbusinesses FORwill ANDoperate HOLDout Aof HOTELthe LIQUORsame LICENSE,storage Afacility, RESTAURANTthe LIQUORlimited LICENSEwinery ORmust Adesignate MALTspecific ANDand BREWEDdistinct BEVERAGESareas RETAILfor LICENSEits TOstorage. 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)The APPLYlimited FORwinery's ANDdesignated HOLDstorage Aarea RESTAURANTmust LIQUORbe LICENSEsecured FORand USEno ATone ONEother OFthan THEthe ADDITIONALlicensee BOARD-APPROVEDand LOCATIONShis REFERENCEDemployees UNDERmay CLAUSEbe (3),allowed ASaccess LONGto ASthe SUCHstorage LOCATIONarea. DOES NOT SERVE AS AN ADDITIONAL BOARD-APPROVED LOCATION FOR ANY OTHER MANUFACTURER.
(6)No (I)board-approved SECUREmanager Awill PERMITbe FROMnecessary THEfor BOARDthe TOstorage ALLOWfacility. 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.
EACHThe PERMITlimited ISwinery VALIDmust ONLYfill FORout THEan CALENDARapplication YEARfor INsuch WHICHan ITadditional ISboard-approved ISSUED.storage location, and such location shall count as one of the two permitted for each limited winery.
(II)The THElimited FEEwinery FORis Aresponsible PERMITfor TOkeeping IMPORTonly ANDits USEown PERMITTEDcomplete FRUITrecords. SHALL BE IN AN AMOUNT TO BE DETERMINED BY THE BOARD.
(III)A THElimited PURPOSEwinery OFmay THISbe SECTIONcited ISfor TOa INCREASEviolation THEof PRODUCTIVITYthe OFrecordkeeping LIMITEDrequirements WINERIESof WHILEsections AT512 THEand SAME513 TIMEpertaining PROTECTINGto THEits INTEGRITYown ANDrecords UNIQUEonly. CHARACTERISTICS OF WINE PRODUCED FROM FRUIT PRIMARILY GROWN IN THIS COMMONWEALTH.
PREVAILING(b) CLIMATICThe CONDITIONStotal HAVEproduction Aof SIGNIFICANTalcoholic IMPACTciders, ONfermented THE2019/90AJB/HB0131A00160 CHARACTER- OF5 THE- FRUIT.fruit beverages, mead, wine and wine coolers by a limited winery may not exceed two hundred thousand (200,000) gallons per year.
ACCORDINGLY,* "PERMITTED* FRUIT"* SHALLSection MEAN505.4. FRUIT GROWN OR JUICE DERIVED FROM FRUIT GROWN WITHIN THREE HUNDRED FIFTY (350) MILES OF THE WINERY.
(IV)Limited THEDistilleries DEPARTMENTand ISDistilleries.--* AUTHORIZED* TO* PROMULGATE(b) REGULATIONS(1) REQUIRINGThe THEboard FILINGmay OFissue PERIODICa REPORTSlimited BYdistillery LIMITEDlicense WINERIESthat TOwill ENSUREallow COMPLIANCEthe WITHholder THEthereof PROVISIONSto OFoperate THISa SECTION.distillery that shall not exceed production of one hundred thousand (100,000) gallons of distilled liquor per year.
20190HB0131PN0857The -holder 8of -the (6.1)license SELLmay FOODmanufacture FORand CONSUMPTIONsell ONbottled ORliquors OFFproduced THEon LICENSEDthe PREMISESlicensed ANDpremises ATto THEthe LIMITEDboard, WINERY'Sto ADDITIONALentities BOARD-APPROVEDlicensed LOCATIONSby ANDthe SELLboard BYand THEto GLASS,the ATpublic THEbetween LICENSEDthe PREMISEShours ANDof ATnine THEo'clock LIMITEDantemeridian WINERY'Sand ADDITIONALeleven BOARD-APPROVEDo'clock LOCATIONS,postmeridian WINE,so MEADlong [AND],as ALCOHOLICa CIDERSspecific ANDcode FERMENTEDof FRUITdistilled BEVERAGESliquor THATwhich MAYis OTHERWISElisted BEfor SOLDsale BYas THEa BOTTLE.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.
INThe ADDITION,holder THEof HOLDERa OFlimited Adistillery LIMITEDlicense WINERYmay LICENSEnot MAYsell SELLa FORproduct CONSUMPTIONor ONa THEsubstantially LICENSEDsimilar PREMISESproduct ANDwhich ATis THElisted LIMITEDfor WINERY'Ssale ADDITIONALas BOARD-a APPROVEDstock LOCATIONS,item LIQUORby PRODUCEDthe BYboard Ain LICENSEDState DISTILLERYLiquor ORStores LIMITEDto DISTILLERY,a WINElicensee [AND],at ALCOHOLICa CIDERprice ANDwhich FERMENTEDis FRUITlower BEVERAGESthan PRODUCEDthat BYcharged ANOTHERby LIMITEDthe WINERYboard ANDand MALTunder ORsuch BREWEDconditions BEVERAGESand PRODUCEDregulations BYas Athe LICENSEDboard BREWERY.may enforce.
THEThe COMBINEDholder SALESof OFa WINElimited [AND],distillery ALCOHOLIClicense CIDERmay ANDalso FERMENTEDsell FRUITwine BEVERAGES[and], PRODUCEDalcoholic BYcider ANOTHERand LIMITEDfermented WINERY,fruit MALTbeverages ORproduced BREWEDby BEVERAGESa ANDlicensed LIQUORlimited MAYwinery, NOT,liquor ONproduced Aby YEARLYa BASIS,licensed EXCEEDdistillery FIFTYor PERlimited CENTUMdistillery OFand THEmalt ON-PREMISESor SALESbrewed OFbeverages THEproduced LIMITEDby WINERY'Sa OWNlicensed SALESbrewery OFfor WINEon-premises [AND],consumption. ALCOHOLIC CIDER AND FERMENTED FRUIT BEVERAGES FOR THE PRECEDING CALENDAR YEAR:
HOWEVER,The IFcombined Asales LIMITEDof WINERYwine, DIDmalt NOTor OPERATEbrewed FORbeverages ANand ENTIREliquor CALENDARproduced YEARby DURINGanother THElicensed PRECEDINGdistillery YEAR,or THENlimited ITSdistillery COMBINEDmay SALESnot, OFon WINEa ANDyearly ALCOHOLbasis, PRODUCEDexceed BYfifty ANOTHERper LIMITEDcentum WINERY,of MALTthe ORon- BREWEDpremises BEVERAGESsales ANDof LIQUORthe MAYlimited NOT,distillery's ONown Asales YEARLYof BASIS,liquor EXCEEDfor FIFTYthe PERpreceding CENTUMcalendar OFyear: THE ON-PREMISES SALES OF THE LIMITED WINERY'S OWN WINE [AND], ALCOHOLIC CIDER AND FERMENTED FRUIT BEVERAGES FOR THAT YEAR.
(6.2)however, SELLif WINE-a ORlimited LIQUOR-SCENTEDdistillery CANDLESdid ACQUIREDnot ORoperate PRODUCEDfor BYan THEentire LIMITEDcalendar WINERY.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.
(6.3)* SELL* ALCOHOLIC* CIDER,(8) FERMENTEDAt FRUITthe BEVERAGES,discretion MEAD,of WINEthe ANDboard WINEthe COOLERSholder ONLYof BETWEENa THElimited HOURSdistillery OFlicense NINEmay O'CLOCKobtain ANTEMERIDIANa ANDspecial ELEVENpermit O'CLOCKto POSTMERIDIAN.participate in [alcoholic cider,] liquor and food expositions off the licensed premises.
A LIMITEDspecial WINERYpermit ALSOshall MAYbe REQUESTissued APPROVALupon FROMproper THEapplication BOARDand TOpayment EXTENDof SALESa HOURSfee 20190HB0131PN0857of -thirty 9dollars -($30) INper INDIVIDUALday LOCATIONSfor ATeach OTHERday TIMESof DURINGpermitted THEuse, YEARnot ORto BEYONDexceed THEthirty LIMITS(30) SETconsecutive FORTHdays. IN THIS CLAUSE.
THEThe REQUESTtotal SHALLnumber BEof MADEdays INfor WRITINGall TOthe THEspecial BOARD'Spermits OFFICEmay OFnot THEexceed CHIEFone COUNSELhundred AND(100) SHALLdays DETAILin THEany EXACTcalendar LOCATIONSyear. 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)A STOREspecial ALCOHOLICpermit CIDER,shall FERMENTEDentitle FRUITthe BEVERAGES,holder MEAD,to WINEengage ANDin WINEthe COOLERSsale PRODUCEDby BYthe THEglass, LIMITEDby WINERYthe ATbottle NOor MOREin THANcase TWOlots (2)of BOARD-APPROVEDliquor LOCATIONSproduced OTHERby THANthe THEpermittee LICENSEDunder PREMISESthe ANDauthority THOSEof PREMISESa REFERENCEDlimited INdistillery CLAUSElicense. (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.
IFHolders TWOof (2)special ORpermits MOREmay BUSINESSESprovide WILL2019/90AJB/HB0131A00160 OPERATE- OUT6 OF- THEtasting SAMEsamples STORAGEof FACILITY,liquor THEin LIMITEDindividual WINERYportions MUSTnot DESIGNATEto SPECIFICexceed ANDone DISTINCTand AREASone-half FOR(1.5) ITSfluid STORAGE.ounces.
THESamples LIMITEDat WINERY'S[alcoholic DESIGNATEDcider,] STORAGEliquor AREAand MUSTfood BEexpositions SECUREDmay ANDbe NOsold ONEor OTHERoffered THANfree THEof LICENSEEcharge. AND HIS EMPLOYEES MAY BE ALLOWED ACCESS TO THE STORAGE AREA.
NOExcept BOARD-APPROVEDas MANAGERprovided WILLin BEthis NECESSARYclause, FORlimited THEdistilleries STORAGEutilizing FACILITY.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.
THEFor LIMITEDthe WINERYpurposes MUSTof FILLthis OUTclause, AN["alcoholic APPLICATIONcider, FORliquor] SUCH"liquor ANand ADDITIONALfood BOARD-APPROVEDexpositions" STORAGEare LOCATION,defined ANDas SUCHaffairs LOCATIONheld SHALLindoors COUNTor ASoutdoors ONEwith OFthe THEintent TWOof PERMITTEDpromoting FORPennsylvania EACHproducts LIMITEDby WINERY.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.
THE[Alcoholic LIMITEDcider, WINERYliquor] ISLiquor RESPONSIBLEand FORfood KEEPINGexpositions ONLYmay ITSalso OWNinclude COMPLETEactivities RECORDS.other than [alcoholic cider,] liquor and food displays, including arts and crafts, musical activities, cultural exhibits, agricultural exhibits and farmers markets.
A* LIMITED* WINERY* MAY(c) BE(1) CITEDThe FORholder Aof VIOLATIONa OFdistillery THElicense RECORDKEEPINGas REQUIREMENTSissued OFunder SECTIONSsection 512505 ANDmay 513sell PERTAININGbottled TOliquors ITSproduced OWNon RECORDSthe ONLY.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.
(B)The THEholder TOTALof PRODUCTIONa OFdistillery ALCOHOLIClicense CIDERS,may FERMENTEDnot FRUITsell BEVERAGES,a MEAD,product WINEor ANDa WINEsubstantially COOLERSsimilar BYproduct Awhich LIMITEDis WINERYlisted MAYfor NOTsale EXCEEDas TWOa HUNDREDstock THOUSANDitem (200,000)by GALLONSthe PERboard YEAR.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.
20190HB0131PN0857The -holder 10of -a *distillery *license *may SECTIONalso 505.4.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.
LIMITEDThe DISTILLERIEScombined ANDsales DISTILLERIES.--*of *wine, *malt (B)or (1)brewed THEbeverages BOARDand MAYliquor ISSUEproduced Aby LIMITEDanother DISTILLERYlicensed LICENSEdistillery THATor WILLlimited ALLOWdistillery THEmay HOLDERnot, THEREOFon TOa OPERATEyearly Abasis, DISTILLERYexceed THATfifty SHALLper NOTcentum EXCEEDof PRODUCTIONthe OFon-premises ONEsales HUNDREDof THOUSANDthe (100,000)distillery's GALLONSown OFsales DISTILLEDof LIQUORliquor PERfor YEAR.the preceding calendar year:
THEhowever, HOLDERif OFa THEdistillery LICENSEdid MAYnot MANUFACTUREoperate ANDfor SELLan BOTTLEDentire LIQUORScalendar PRODUCEDyear ONduring THEthe LICENSEDpreceding PREMISESyear, TOthen THEits BOARD,combined TOsales ENTITIESof LICENSEDwine, BYmalt THEor BOARDbrewed ANDbeverages TOand THEliquor PUBLICproduced BETWEENby THEanother HOURSlicensed OFdistillery NINEor O'CLOCKlimited ANTEMERIDIANdistillery ANDmay ELEVENnot, O'CLOCKon POSTMERIDIANa SOyearly LONGbasis, ASexceed Afifty SPECIFICper CODEcentum OFof DISTILLEDthe LIQUORon-premises WHICHsales ISof LISTEDthe FORdistillery's SALEown ASliquor Afor STOCKthat ITEMyear. 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* ASection LIMITED1001. 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 A PRICE WHICH IS LOWER THAN THAT CHARGED BY THE BOARD AND UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE.
THEConstruction HOLDERand OFApplicability.--(a) AExcept LIMITEDas DISTILLERYprovided LICENSEin MAYsubsection ALSO(b), SELLunless WINEthe [AND],context ALCOHOLICclearly CIDER2019/90AJB/HB0131A00160 AND- FERMENTED7 FRUIT- BEVERAGESindicates PRODUCEDotherwise, BYa Areference LICENSEDto LIMITED"malt WINERY,or LIQUORbrewed PRODUCEDbeverages" BYin Aa LICENSEDstatute DISTILLERYshall ORbe LIMITEDconstrued DISTILLERYto ANDinclude MALTalcoholic ORcider BREWEDand BEVERAGESfermented PRODUCEDfruit BYbeverages. A LICENSED BREWERY FOR ON-PREMISES CONSUMPTION.
THE(b) COMBINEDRegardless SALESof OFcontext, WINE,a MALTreference ORto BREWED"malt BEVERAGESor ANDbrewed LIQUORbeverages" PRODUCEDin BYArticle ANOTHERXX LICENSEDof DISTILLERYthe ORact LIMITEDof DISTILLERYMarch MAY4, NOT,1971 ON(P.L.6, ANo.2), YEARLYknown BASIS,as EXCEEDthe FIFTY"Tax PERReform CENTUMCode OFof THE1971," ON-shall PREMISESbe SALESconstrued OFto THEinclude LIMITEDalcoholic DISTILLERY'Scider OWNand SALESfermented OFfruit LIQUORbeverages. FOR THE PRECEDING CALENDAR YEAR:
HOWEVER,(c) IFExcept Aas LIMITEDprovided 20190HB0131PN0857in -subsection 11(d), -unless DISTILLERYthe DIDcontext NOTclearly OPERATEindicates FORotherwise, ANa ENTIREreference CALENDARto YEAR"wine" DURINGin THEa PRECEDINGstatute YEAR,shall THENbe ITSconstrued COMBINEDto SALESexclude OFalcoholic WINE,cider MALTand ORfermented BREWEDfruit BEVERAGESbeverages. 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.
*(d) *Regardless *of (8)context, ATa THEreference DISCRETIONto OF"wine" THEin BOARDthe THEact HOLDERof OFDecember A5, LIMITED1933 DISTILLERY(Sp.Sess., LICENSEP.L.38, MAYNo.6), OBTAINknown Aas SPECIALthe PERMIT"Spirituous TOand PARTICIPATEVinous INLiquor [ALCOHOLICTax CIDER,]Law," LIQUORshall ANDbe FOODconstrued EXPOSITIONSto OFFexclude THEalcoholic LICENSEDcider PREMISES.and fermented fruit beverages.
AAmend SPECIALBill, PERMITpage SHALL2, BEline ISSUED16, UPONby PROPERstriking APPLICATIONout AND"2" PAYMENTand OFinserting A3 FEE2019/90AJB/HB0131A00160 OF- THIRTY8 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 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 20190HB0131PN0857 - 12 - 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 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 20190HB0131PN0857 - 13 - 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 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 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 2 4.
This act shall take effect in 60 days.
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