Section 4-417 - Extension of Licensed Service Area and Issuance of off-Premises Catering Permits(a) The following shall apply:(1) Notwithstanding any provision of this act, a person holding and possessing a valid restaurant or hotel liquor license that lost more than twenty-five per centum (25%) of the person's average monthly total sales, including alcohol sales, as a result of restrictions imposed during the COVID-19 disaster emergency, may sell prepared beverages and mixed drinks for off-premises consumption where meals prepared for pickup or curbside pickup are also available.(2) Except as provided in this paragraph and paragraph (4), nothing in this section shall affect the ability of a licensee to operate within the scope of its current license as authorized by this act, provided, however, that no sales of prepared beverages and mixed drinks for off-premises consumption shall take place after eleven o'clock postmeridian of any day until the licensee's permitted hours of operation under section 406 of the next day, including Sundays if the licensee has a permit authorized under sections 406(a)(3) and 432(f).(3) The following licensees are prohibited from selling prepared beverages and mixed drinks for off-premises consumption under this section: (i) A licensee whose underlying license is subject to a pending objection by the director of the Bureau of Licensing or the board under section 470(a.1), until the matter is decided.(ii) A licensee whose underlying license has been suspended under section 1799.6-E of the act of April 9, 1929 (P.L. 343, No. 176), known as "The Fiscal Code."(4) For purposes of selling prepared beverages and mixed drinks for off-premises consumption, a licensed premises shall not be subject to section 493(14).(5) Within sixty (60) days of the effective date of this section, a licensee selling prepared beverages and mixed drinks for off-premises consumption shall begin utilizing a transaction scan device to verify the age of an individual who appears to be under thirty-five (35) years of age before making a sale of prepared beverages and mixed drinks for off-premises consumption. A licensee may not sell or share consumers' personal data from the use of a transaction scan device, provided that the licensee may share the data with the enforcement bureau of the board as evidence that the licensee is in compliance with this paragraph.(6) A licensee selling prepared beverages or mixed drinks for off-premises consumption shall prominently post a warning sign in a manner that puts consumers on notice of the restrictions on alcoholic beverages under 75 Pa.C.S. § 3809 (relating to restriction on alcoholic beverages), and that the prepared beverages and mixed drinks packaged for sale by the licensee are open containers and may only be transported by the driver of a motor vehicle in the vehicle's trunk or in some other area of the vehicle that is not occupied by the driver or passengers.(a.1) Notwithstanding any other provision of this act, the following shall apply to the temporary extension of the licensed premises:(1) Upon receipt of a request from a licensed club, catering club, restaurant, retail dispenser, hotel, limited distillery, distillery, brewery or limited winery, the board may temporarily extend the licensed premises of the applicant to include any outside serving area that is:(i) immediately adjacent to the existing licensed areas; or(ii) within one thousand feet of the main licensed building, notwithstanding that the area to be temporarily licensed and the main licensed building are separated by a public thoroughfare.(2) The board shall grant immediate operating authority to the applicant to use the outside area subject to the request while the board processes the request.(3) The operating authority under this subsection shall be terminated if:(i) a valid protest is received; or(ii) the board determines that the proposed area does not meet the requirements of this act and board regulations for the licensing of the area in question.(4) A filing fee may not be required from an applicant under this subsection.(5) The board may require the applicant to provide any information that the board deems relevant.(a.2) The following shall apply to the issuance of off-premises catering permits:(1) The board may authorize an unlimited number of off-premises catered functions to entities that qualify for the permits under this act.(2) An application fee may not be required from an entity requesting a catering permit under this subsection.(3) An application for a catering permit under this subsection shall not need to be submitted prior to March 1 of that calendar year.(4) A five-hour limit on catered functions shall not apply to a catering permit under this subsection.(5) Each requirement under this act applicable to a catered function that is not specifically waived under this subsection shall apply.(a.3) Subsections (a.1) and (a.2) shall expire December 31, 2024.(b) Notwithstanding any other provision of this section or provision of law to the contrary, a licensee selling prepared beverages and mixed drinks for off-premises consumption may only do so during the COVID-19 disaster emergency and during the mitigation period after the termination of the disaster emergency in which a licensee is operating at less than sixty per centum (60%) capacity.(c) A licensee may sell liquor to another licensee qualified to sell prepared beverages and mixed drinks under this section. The licensee shall notify the board in writing advising it of the name of the licensee and identifying any product sold to that licensee, as well as the description of the liquor, including brand names, sizes and numbers of containers sold to another licensee. The sales may only occur during the COVID-19 disaster emergency and during the mitigation period after the termination of the disaster emergency in which a licensee is operating at less than sixty per centum (60%) capacity.(d) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "COVID-19 disaster emergency" shall mean the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of disaster emergency.
"Licensee" shall mean a person holding and possessing a valid restaurant or hotel liquor license authorized to sell prepared beverages or mixed drinks for off-premise consumption under subsection (a)(1).
"Transaction scan device" shall mean a device capable of deciphering, in an electronically readable format, the information encoded on the magnetic strip, chip or bar code of an identification card under section 495(a).
Amended by P.L.4242021 No. 81, § 1.1, eff. 11/5/2021.Added by P.L. TBD 2020 No. 21, § 2, eff. 5/21/2020.