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§ 4-442. Retail dispensers’ restrictions on purchases and sales

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: August 4, 2020 to December 31, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 47 P.S. Liquor (Refs & Annos)
Chapter 1. Liquor Code (Refs & Annos)
Article IV. Licenses and Regulations; Liquor, Alcohol and Malt and Brewed Beverages
(b) Malt and Brewed Beverages (Including Manufacturers)
Effective: August 4, 2020 to December 31, 2024
47 P.S. § 4-442
§ 4-442. Retail dispensers’ restrictions on purchases and sales
Currentness
<Text of section effective until Jan. 1, 2025. See also, text of 47 P.S. § 4-442 effective Jan. 1, 2025.>
(a)(1)(i) No retail dispenser shall purchase or receive any malt or brewed beverages except in original containers as prepared for the market by the manufacturer at the place of manufacture. The retail dispenser may thereafter break the bulk upon the licensed premises and sell or dispense the same for consumption on or off the premises so licensed. No retail dispenser may sell malt or brewed beverages for consumption off the premises in quantities in excess of one hundred ninety-two fluid ounces. Sales may be made in open or closed containers, Provided, however, That a municipality may adopt an ordinance restricting open containers in public places. No club licensee may sell any malt or brewed beverages for consumption off the premises where sold or to persons not members of the club. Sales of malt or brewed beverages must occur on the licensed premises.
(ii) If a retail dispenser license holder has an interior connection to another business that it operates, the retail dispenser license holder may use one or more of the registers in the other business to sell malt or brewed beverages for off-premises consumption under the following conditions:
(A) the building is eleven thousand square feet or less;
(B) the registers are located in the same building as the licensed premises;
(C) the registers comply with the signage, staffing, training, carding, scanning and prohibition on the sharing of data provisions of section 415(a)(8) and (9);1 and
(D) the board has been provided notice of compliance with this subparagraph by the retail dispenser license holder, including square footage of the building and the location of the specific registers to be used prior to their use.
(iii) The registers used under subparagraph (ii) shall be deemed to be licensed areas but no formal application beyond notice to the board shall be required. The registers may be used by the other business.
(2) Notwithstanding any other provision of law or any existing permit authorizing the sale of malt or brewed beverages for consumption off the premises, a retail dispenser licensee located in a city of the first class who is otherwise permitted to sell malt or brewed beverages for consumption off the premises may not do so after October 31, 2007, unless it acquires a permit from the board.
(3) The application for a permit to sell malt or brewed beverages for consumption off the premises shall be on forms designated by the board and contain such information as the board may require. The application and renewal fee shall be as prescribed in section 614-A(28) of the act of April 9, 1929 (P.L. 177, No. 175),2 known as “The Administrative Code of 1929.” However, no applicant who currently has a permit shall be required to pay any additional fees under section 614-A(28) of “The Administrative Code of 1929” in order to continue selling malt or brewed beverages for consumption off the premises at its currently licensed location for the licensing term beginning November 1, 2007, and ending October 31, 2008.
(4) The application for a permit to sell malt or brewed beverages for consumption off the premises must be accompanied by a copy of the approval of such request by the hearing board authorized by this section.
(5) A city of the first class shall create a hearing board within its Department of Licenses and Inspections to hear requests from licensees who are seeking a permit from the hearing board authorizing the licensee to sell malt or brewed beverages for consumption off the premises. Each hearing board shall consist of three persons appointed by the mayor of the city of the first class, who are subject to approval by the city council of the city of the first class. Each person so appointed shall serve at the pleasure of the appointing authority. The hearing board may, in its discretion, hold hearings to adduce testimony regarding a request. The hearing board must render a decision within ninety days of receipt of a request for approval of a permit to sell malt or brewed beverages for consumption off the premises. The hearing board must approve the request unless it finds that doing so would adversely affect the welfare, health, peace and morals of the city or its residents. A decision by the hearing board to deny a request may be appealed to the court of common pleas in the county in which the city is located. The failure to render a decision by the hearing board within the required time period shall be deemed approval of the permit.
(6) Upon being satisfied that the applicant has fulfilled all the requirements of this act and the board's regulations, the board shall approve the application. Such permits shall expire upon the transfer of the license to a new entity or to a new location, or both; otherwise, such permits shall expire at the same time as the expiration of the underlying license.
(b) No retail dispenser shall sell any malt or brewed beverages for consumption on the licensed premises except in a room or rooms or place on the licensed premises at all times accessible to the use and accommodation of the general public, but this section shall not be interpreted to prohibit a retail dispenser from selling malt or brewed beverages in a hotel or club house in any room of such hotel or club house occupied by a bona fide registered guest or member entitled to purchase the same or to prohibit a retail dispenser from selling malt or brewed beverages in a bowling alley where the licensed premises and bowling alley are immediately adjacent and under the same roof.
(c) For the purpose of this section any person who is an active member of another club which is chartered by the same state or national organization shall have the same rights and privileges as members of the particular club.
(d) For the purposes of this section, any person who is an active member of any volunteer firefighting company, association or group of this Commonwealth, whether incorporated or unincorporated, shall upon the approval of any club composed of volunteer firemen licensed under this act, have the same social rights and privileges as members of such licensed club.
(e)(1) The holder of a retail dispenser license located in a hotel may allow persons to transport malt or brewed beverages from the licensed portion of the premises to the unlicensed portion of the premises so long as the malt or brewed beverages remain on the hotel property.
(2) In addition, the holder of a retail dispenser license located on a golf course may allow its patrons to order malt or brewed beverages on licensed premises for subsequent delivery by the licensee on nonlicensed portions of the premises, including the golf course.
(3) In addition, a holder of a restaurant or club license located on a golf course may sell, furnish or give liquor or malt or brewed beverages on the unlicensed portion of the golf course so long as the liquor or malt or brewed beverages remain on the restaurant, club or golf course.
(4) The holder of a restaurant license located immediately adjacent to and under the same roof of a bowling center may allow persons to transport liquor or malt or brewed beverages from the licensed portion of the premises to the unlicensed portion of the premises so long as the liquor or malt or brewed beverages remain within the bowling center.
(f) The holder of an eating place retail dispenser license may obtain an off-premises catering permit under section 493(33)3 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:
(1) malt or brewed beverages may only be provided during the days and hours that the license holder may otherwise sell malt or brewed beverages;
(2) each catered function shall last no longer than one day and not more than fifty-two catered functions may be held each calendar year by each license holder for use with a particular license;
(3) a catered function shall not be held at a location that is already subject to the applicant's or another licensee's license;
(4) a permit shall not be issued to an applicant whose license is in safekeeping;
(5) a permit shall not be issued to a location that is subject to a pending objection by the director of the Bureau of Licensing or the board under section 470(a.1);4
(6) a permit shall not be issued to a location that is subject to a pending license suspension under section 471 or the one-year prohibition on the issuance or transfer of a license under section 471(b);5
(7) no malt or brewed beverages may be taken from the permitted location by a patron, but the applicant may transport malt or brewed beverages to and from its licensed premises to the proposed premises;
(8) written notice of the catered function as enumerated in paragraph (9) shall be provided to the local police and the enforcement bureau at least seven days in advance of the event;
(9) written notice shall be provided to the board at least fourteen days prior to a catered function. Written notice must include the location of the function, time of the function, host of the function, general information regarding the guests expected at the function as well as any information the board shall from time to time prescribe. The board may, in its discretion, accept notice in an electronic format. The board may, in its discretion, waive the fourteen-day notice period for a catered function if:
(i) the applicant has previously conducted functions that meet the requirements of this act;
(ii) the applicant is a licensee in good standing with the board; of
(iii) notification was received at least seven days prior to the catered function; and
(iv) the applicant pays a late fee of one hundred dollars ($100);
(10) the board shall, in its discretion, approve or disapprove a catered function 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;
(11) if a catered function is scheduled to occur on private property, the owner of that property is deemed to have submitted to the jurisdiction of the enforcement bureau, and the warrant required by section 211(a)(2) of this act6 shall not be necessary for the enforcement bureau to enter and search the premises during the function or any activities related to the function;
(12) all servers at the off-premises catered function shall be in compliance with the responsible alcohol management provisions under section 471.1 of this act;7
(13) no catered function may be held for more than five 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;
(14) neither the owner of the property nor the applicant may sell tickets to a catered function unless one of the following conditions is met:
(i) the applicant has contracted with an eligible entity for the function, and the function is being used to raise money for the eligible entity's organization;
(ii) the applicant has contracted with a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), for an event which has the sole purpose of raising funds for that nonprofit organization;
(iii) the applicant has contracted with an organization that holds tax-exempt status under section 527 of the Internal Revenue Code of 1986;8
(15) catered functions held on unlicensed premises shall be subject to section 493(34) of this act;
(16) catered functions may not be held in locations that are subject to a pending, protested transfer application;
(17) a permit may not be issued to a licensee who is subject to objection under the board's nuisance bar program;
(18) a permit shall not be issued to a licensee for use in any location that is mobile; and
(19) a permit shall not be issued for use on any location used for parking at a sports event or concert event.
(g) Notwithstanding any other provision of law or regulation, the holder of a retail dispenser license may hold happy hours up to four consecutive or nonconsecutive hours per day and up to fourteen hours per week during which the holder discounts the price of alcoholic beverages. No discounts may be given between the hours of midnight and the legal closing time. Notice of all happy hours shall be visibly posted on the licensed premises seven days prior to the happy hour. Except as provided in this subsection, a licensee shall comply with the provisions of 40 Pa. Code § 13.102 (relating to discount pricing practices). Neither events conducted under the authority of 40 Pa. Code § 13.102(b) nor discounts provided to mug club members shall be counted against the four-hours per day or fourteen-hours per week.

Credits

1951, April 12, P.L. 90, art. IV, § 442. Amended 1967, Oct. 9, P.L. 413, No. 183, § 2; 1980, Dec. 12, P.L. 1195, No. 221, § 4, imd. effective; 1980, July 3, P.L. 348, No. 88, § 2, imd. effective; 1984, May 9, P.L. 246, No. 54, § 4, imd. effective. Reenacted and amended 1987, June 29, P.L. 32, No. 14, § 56, effective July 1, 1987. Amended 2002, Dec. 9, P.L. 1653, No. 212, § 15, effective in 60 days; 2002, Dec. 16, P.L. 1806, No. 221, § 1, imd. effective; 2003, May 8, P.L. 1, No. 1, § 3, imd. effective; 2003, July 17, P.L. 63, No. 15, § 6, imd. effective; 2005, July 6, P.L. 135, No. 39, § 6, effective in 60 days [Sept. 6, 2005]; 2006, July 7, P.L. 584, No. 84, § 3, effective in 60 days [Sept. 5, 2006]; 2006, Nov. 29, P.L. 1421, No. 155, § 1.4, imd. effective; 2011, June 28, P.L. 55, No. 11, § 6, imd. effective; 2011, Dec. 22, P.L. 530, No. 113, § 9, imd. effective; 2012, July 5, P.L. 1007, No. 116, § 5, effective in 60 days [Sept. 4, 2012]; 2016, June 8, P.L. 273, No. 39, § 12, effective in 60 days [Aug. 8, 2016]; 2020, June 5, P.L. 213, No. 29, § 3, effective in 60 days [Aug. 4, 2020].

Footnotes

1
47 P.S. § 4-415.
2
71 P.S. § 240.14A.
3
47 P.S. § 4-493.
4
47 P.S. § 4-470.
5
47 P.S. § 4-471.
6
47 P.S. § 2-211.
7
47 P.S. § 4-471.1.
8
26 U.S.C.A. § 527.
47 P.S. § 4-442, PA ST 47 P.S. § 4-442
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document