Regular Session 2023-2024 House Bill 2150 P.N. 3019

PRIOR PRINTER'S NOS. 2774, 2951

PRINTER'S NO. 3019

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2150

Session of

2024

INTRODUCED BY FREEMAN, DEASY, HARKINS, SIEGEL, CERRATO, VITALI,

SANCHEZ, HOHENSTEIN, KHAN, CONKLIN, D. WILLIAMS, CIRESI,

ROWE, DALEY, NEILSON, MALAGARI, GREEN, GIRAL AND WEBSTER,

MARCH 25, 2024

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 30, 2024

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An

act relating to alcoholic liquors, alcohol and malt and

brewed beverages; amending, revising, consolidating and

changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws," in

licenses and regulations and liquor, alcohol and malt and

brewed beverages, further providing for hours of operation

relative to manufacturers, importing distributors and

distributors.; AND, IN DISTILLERIES, WINERIES, BONDED

WAREHOUSES, BAILEES FOR HIRE AND TRANSPORTERS FOR HIRE,

FURTHER PROVIDING FOR LIMITED DISTILLERIES AND DISTILLERIES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 492.1(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, is amended to read:

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SECTION 1. SECTIONS 492.1(A) AND 505.4(B)(1) AND (C)(1) OF

THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR

CODE, ARE AMENDED TO READ:

Section 492.1. Hours of Operation Relative to Manufacturers,

Importing Distributors and Distributors.--(a) (1)

[Manufacturers] Except as otherwise provided, manufacturers may

sell or deliver malt or brewed beverages between two o'clock

antemeridian of any Monday and twelve o'clock midnight of the

following Saturday. Manufacturers may operate extended hours on

December 31 of each calendar year until two o'clock antemeridian

January 1 of the following calendar year.

(2) Notwithstanding any other provision of law,

manufacturers may sell malt and brewed beverages and alcohol

subject to section 446(a)(2) for on-premises consumption between

the hours of nine o'clock antemeridian and twelve o'clock

antemeridian Monday through Saturday and Sunday between the

hours of nine o'clock antemeridian and eleven o'clock

postmeridian. Manufacturers may operate extended hours on

December 31 of each calendar year until two o'clock antemeridian

January 1 of the following calendar year.

(3) The board may issue a manufacturer an extended hours

permit permitting the manufacturer to remain open and sell

alcohol until two o'clock antemeridian the following calendar

day. Following a fifty-dollar ($50) fee, a manufacturer must

submit a written application for an extended hours permit under

this paragraph to the board in a form prescribed by the board.

The following shall apply:

(i) Only one manufacturer extended hours permit may be

issued to a manufacturer per calendar year and may only be used

for one day in that calendar year at all the manufacturer's

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locations .

(ii) The manufacturer shall provide written notice to the

local police department, or Pennsylvania State Police if no

local police department is available, at least forty-eight hours

prior to each use of the manufacturer extended hours permit .

Written notice shall include notifying the police of the date,

time and place of the extended sale of alcoholic beverages.

* * *

SECTION 505.4. LIMITED DISTILLERIES AND DISTILLERIES.--* * *

(B) (1) [THE] (I) EXCEPT AS OTHERWISE PROVIDED, 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

TWELVE O'CLOCK ANTEMERIDIAN MONDAY THROUGH SATURDAY AND SUNDAY

BETWEEN THE HOURS OF NINE O'CLOCK ANTEMERIDIAN THROUGH 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 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

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DISTILLERY LICENSE MAY ALSO SELL WINE, 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.

(II) A LIMITED DISTILLERY MAY OPERATE EXTENDED HOURS ON

DECEMBER 31 OF EACH CALENDAR YEAR UNTIL TWO O'CLOCK ANTEMERIDIAN

JANUARY 1 OF THE FOLLOWING CALENDAR YEAR.

(III) THE BOARD MAY ISSUE AN EXTENDED HOURS PERMIT

PERMITTING THE HOLDER OF A LIMITED DISTILLERY LICENSE TO REMAIN

OPEN AND SELL ALCOHOL UNTIL TWO O'CLOCK ANTEMERIDIAN THE

FOLLOWING CALENDAR DAY. FOLLOWING A FIFTY-DOLLAR ($50) FEE, A

HOLDER OF A LIMITED DISTILLERY LICENSE MUST SUBMIT A WRITTEN

APPLICATION FOR AN EXTENDED HOURS PERMIT UNDER THIS SUBCLAUSE TO

THE BOARD IN A FORM PRESCRIBED BY THE BOARD. THE FOLLOWING SHALL

APPLY:

(A) ONLY ONE EXTENDED HOURS PERMIT MAY BE ISSUED TO A HOLDER

OF A LIMITED DISTILLERY LICENSE PER CALENDAR YEAR AND MAY ONLY

BE USED FOR ONE DAY IN THAT CALENDAR YEAR AT ALL OF THE HOLDER

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OF A LIMITED DISTILLERY LICENSE'S LOCATIONS.

(B) THE HOLDER OF A LIMITED DISTILLERY LICENSE SHALL PROVIDE

WRITTEN NOTICE TO THE LOCAL POLICE DEPARTMENT, OR PENNSYLVANIA

STATE POLICE IF NO LOCAL POLICE DEPARTMENT IS AVAILABLE, AT

LEAST FORTY-EIGHT HOURS PRIOR TO EACH USE OF THE EXTENDED HOURS

PERMIT. WRITTEN NOTICE SHALL INCLUDE NOTIFYING THE POLICE OF THE

DATE, TIME AND PLACE OF THE EXTENDED SALE OF ALCOHOLIC

BEVERAGES.

* * *

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 TWELVE O'CLOCK

ANTEMERIDIAN MONDAY THROUGH SATURDAY AND SUNDAY BETWEEN THE

HOURS OF NINE O'CLOCK ANTEMERIDIAN THROUGH 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, ALCOHOLIC CIDER AND FERMENTED FRUIT

BEVERAGES PRODUCED BY A LICENSED LIMITED WINERY, LIQUOR PRODUCED

BY A LICENSED DISTILLERY OR LIMITED DISTILLERY AND MALT OR

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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.

(II) A DISTILLERY MAY OPERATE EXTENDED HOURS ON DECEMBER 31

OF EACH CALENDAR YEAR UNTIL TWO O'CLOCK ANTEMERIDIAN JANUARY 1

OF THE FOLLOWING CALENDAR YEAR.

(III) THE BOARD MAY ISSUE AN EXTENDED HOURS PERMIT

PERMITTING THE HOLDER OF A DISTILLERY LICENSE TO REMAIN OPEN AND

SELL ALCOHOL UNTIL TWO O'CLOCK ANTEMERIDIAN THE FOLLOWING

CALENDAR DAY. FOLLOWING A FIFTY-DOLLAR ($50) FEE, A HOLDER OF A

DISTILLERY LICENSE MUST SUBMIT A WRITTEN APPLICATION FOR AN

EXTENDED HOURS PERMIT UNDER THIS SUBCLAUSE TO THE BOARD IN A

FORM PRESCRIBED BY THE BOARD. THE FOLLOWING SHALL APPLY:

(A) ONLY ONE EXTENDED HOURS PERMIT MAY BE ISSUED TO A HOLDER

OF A DISTILLERY LICENSE PER CALENDAR YEAR AND MAY ONLY BE USED

FOR ONE DAY IN THAT CALENDAR YEAR AT ALL OF THE HOLDER OF A

DISTILLERY LICENSE'S LOCATIONS.

(B) THE HOLDER OF A DISTILLERY LICENSE SHALL PROVIDE WRITTEN

NOTICE TO THE LOCAL POLICE DEPARTMENT, OR PENNSYLVANIA STATE

POLICE IF NO LOCAL POLICE DEPARTMENT IS AVAILABLE, AT LEAST

FORTY-EIGHT HOURS PRIOR TO EACH USE OF THE EXTENDED HOURS

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PERMIT. WRITTEN NOTICE SHALL INCLUDE NOTIFYING THE POLICE OF THE

DATE, TIME AND PLACE OF THE EXTENDED SALE OF ALCOHOLIC

BEVERAGES.

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Section 2. All regulations are abrogated to the extent of

any inconsistency with this act.

Section 3. This act shall take effect in 60 days.

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