2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 51 - LIQUOR CODE - SALES BY LIQUOR LICENSEES AND RESTRICTIONS, RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES AND SALES, BREWERIES AND UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND BREWED BEVERAGES AND LICENSEES

Session of 2023
No. 2023-51
HB 1160
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 sales by liquor licensees and restrictions, for retail dispensers' restrictions
            on purchases and sales, for breweries and for unlawful acts relative to liquor, malt
            and brewed beverages and licensees.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Sections 406(f)(3) and (13) and (h), 442(f)(2) and (13), 446(b)(3) and (13) and 493(33)
            of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended
            to read:
Section 406.  Sales by Liquor Licensees; Restrictions.--* * *
(f)  The holder of a hotel or restaurant liquor license may obtain an off-premises catering
            permit subject to section 493(33) to hold a catered function off the licensed premises
            and on otherwise unlicensed premises where the licensee may sell wine, liquor and
            malt or brewed beverages by the glass, open bottle or other container, and in any
            mixture together with food, for consumption on those premises. Functions conducted
            under the authority of the permit shall be subject to the following:
* * *
(3)  each catered function shall last no longer than one day and [not more than fifty-two]
an unlimited number of
catered functions may be held each calendar year by each license holder for use with a particular
            license;
* * *
(13)  no catered function may be held for more than [five]
six
hours per day and must end by midnight unless the catered function occurs on December
               31 of any calendar year on which date the catered function must end by two o'clock
               antemeridian;
* * *
(h)  Notwithstanding any other provision of law or regulation, a catering club licensee
            may cater a self-sponsored event no more than [twelve]
twenty-four
occasions during its licensed term with no more than [one event]
two events
in any calendar month.
* * *
Section 442.  Retail Dispensers' Restrictions on Purchases and Sales.--* * *
(f)  The holder of an eating place retail dispenser license may obtain an off-premises
            catering permit under section 493(33) to hold a catered function off of the licensed
            premises and on otherwise unlicensed premises where the licensee may sell malt or
            brewed beverages by the glass, open bottle or any other container, together with food,
            for consumption on those premises solely used for catering premises. Functions conducted
            under the authority of the permit shall be subject to the following:
* * *
(2)  each catered function shall last no longer than one day and [not more than fifty-two]
an unlimited number of
catered functions may be held each calendar year by each license holder for use with
               a particular license;
* * *
(13)  no catered function may be held for more than [five]
six
hours per day and must end by midnight unless the catered function occurs on December
            31 of any calendar year on which the date the catered function must end by two o'clock
            antemeridian;
* * *
Section 446.  Breweries.--* * *
(b)  The holder of a brew pub license may obtain an off-premises catering permit subject
            to section 493(33) to hold a catered function off the licensed premises and on otherwise
            unlicensed premises where the licensee may sell wine produced by a licensed limited
            winery and malt or brewed beverages produced by the brewery by the glass, open bottle
            or other container together with food, and in any mixture, for consumption on those
            premises. Functions conducted under the authority of the permit shall be subject to
            the following:
* * *
(3)  each catered function shall last no longer than one day and [not more than fifty-two]
an unlimited number of
catered functions may be held each calendar year by each license holder for use with
            a particular license;
* * *
(13)  no catered function may be held for more than [five]
six
hours per day and must end by midnight unless the catered function occurs on December
            31 of any calendar year on which date the catered function must end by two o'clock
            antemeridian;
* * *
Section 493.  Unlawful Acts Relative to Liquor, Malt and Brewed Beverages and Licensees.--The term
            "licensee," when used in this section, shall mean those persons licensed under the
            provisions of Article IV, unless the context clearly indicates otherwise.
It shall be unlawful--
* * *
(33)  Off-premises Catering Permit; Fees. For any licensee, his servants, agents or employes
            to sell alcohol at a location other than its licensed premises, unless the sale is
            specifically authorized under this act, or unless the licensee receives a special
            permit from the board to do so. Only those licensees holding a current and valid restaurant,
            hotel, brew pub or eating place license shall be allowed to apply for such a permit.
            Any licensee that wishes to obtain an off-premises catering permit must notify the
            board and pay the permitting fee
.
[by March of each calendar year regardless of whether the licensee has scheduled catered
            events. Any licensee that fails to notify the board and pay the permit fee by March
            1 shall be precluded from obtaining the permit for that calendar year.] If a licensee
            notifies the board and pays the permitting fee [by March 1] and does not then use
            the permit throughout the calendar year, the licensee shall not be entitled to a return
            of the permitting fee. [Any licensee not granted a license until after March 1 of
            the calendar year shall have sixty days from the date of the license transfer to notify
            the board of the licensee's intention to use an off-premises catering permit and pay
            the permitting fee. The board shall have the discretion to allow the issuance of the
            permit after the March 1 deadline if the applicant is a licensee in good standing
            with the board and complies with all other requirements for the off-premises catering
            permit.] A licensee shall apply for the permit at least sixty days prior to the first
            catered function. All servers at the off-premises catered function shall be certified
            under the board's responsible alcohol management program as required under section
            471.1. The board may charge a fee of five hundred dollars ($500) each calendar year,
            to each applicant for the initial permit associated with a particular license, but
            no further fee shall be charged for any subsequent permits issued to the applicant
            for the license during the same calendar year. The applicant shall submit written
            notice to the board thirty days prior to each catered event, unless this time frame
            has been waived by the board, and the board may approve or disapprove each event if
            the applicant fails to provide timely notice of the catered function, does not intend
            to conduct a function that meets the requirements of this act or has previously conducted
            a function that did not meet the requirements of this act. The fees shall be paid
            into the State Stores Fund. Any violation of this act or the board's regulations for
            governing activity occurring under the authority of this permit may be the basis for
            the issuance of a citation under section 471, the nonrenewal of the license under
            section 470 or the refusal by the board to issue subsequent permits or honor subsequent
            dates on the existing permit. This penalty shall be in addition to any other remedies
            available to the enforcement bureau or the board.
* * *
Section 2.  This act shall take effect as follows:
(1)  The amendment of section 406(h) of the act shall take effect in 60 days.
(2)  This section shall take effect immediately.
(3)  The remainder of this act shall take effect January 1, 2025.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO