Pennsylvania SB 765: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for sale of malt or brewed beverages by liquor licensees, for wine expanded permits and for retail dispensers' restrictions on purchases and sales.

Bill Text

PRINTER'S NO. 822
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 765
Session of
2025
INTRODUCED BY J. WARD, PENNYCUICK, ROTHMAN, PHILLIPS-HILL,
STEFANO AND YAW, MAY 22, 2025
REFERRED TO LAW AND JUSTICE, MAY 22, 2025
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 sale of malt or
brewed beverages by liquor licensees, for wine expanded
permits and for retail dispensers' restrictions on purchases
and sales.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 407(a)(2), 415(a)(4), (8) and (9) and
442(a)(1)(ii) of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code, are amended to read:
Section 407. Sale of Malt or Brewed Beverages by Liquor
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Licensees.--(a) * * *
(2) If a restaurant liquor license holder has an interior
connection to another business that it operates, the restaurant
liquor 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:
[(i) the building is eleven thousand square feet or less;]
(ii) the registers are located in the same building as the
licensed premises;
(iii) 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); and
(iv) the board has been provided notice of compliance with
this paragraph by the restaurant liquor license holder,
including square footage of the building and the location of the
specific registers to be used prior to their use.
* * *
Section 415. Wine Expanded Permits.--(a) * * *
(4) If the board has approved the operation of another
business which has an inside passage or communication to or with
the licensed premises, the display, sale, storage and purchase
of wine and malt and brewed beverages shall be [confined
strictly to the premises, in a specifically designated area
covered by the license.] permitted in any area of the business
which is connected to the licensed premises by an interior
connection or connections approved by the board. A licensed or
unlicensed area or areas that are located within the same
building as the licensed premises and operated or controlled by
the same licensee, licensee's officers, servants, agents or
employes are not required to be contiguous to any other licensed
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or unlicensed area. The purchase of goods obtained from the
unlicensed area of the premises shall be permitted in the
licensed area.
* * *
(8) [A] Unless presented with a valid armed forces of the
United States identification card, a wine expanded permit holder
shall utilize a transaction scan device to verify the age of an
individual who appears to be under thirty-five years of age
[before making a sale of wine] at the point of sale. A wine
expanded permit holder may not sell or share data from the use
of a transaction scan device, provided that the licensee may use
the data to show the enforcement bureau of the board that the
licensee is in compliance with this act. As used in this
paragraph, the term "transaction scan device" means a device
capable of deciphering, in an electronically readable format,
the information encoded on the magnetic strip or bar code of an
identification card under section 495(a).
(9) A sale of wine by a wine expanded permit holder shall be
made through a register[, which malt or brewed beverages and
restaurant foods sales are made] located on the licensed
premises, which is well designated with signage[, which is
staffed at all times when patrons are on the licensed premises].
The actual sale shall be conducted by a sales clerk who is at
least eighteen years of age [and], has been trained under
section 471.1 and [which] utilizes a transaction scan device for
the sale as set forth in paragraph (8). A sales clerk who is
und