HB 1071 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, further providing for limited wineries.

PRINTER'S NO.     1171

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1071
                                               Session of
                                                 2025

     INTRODUCED BY CIRESI, KHAN, MAYES, PIELLI, SANCHEZ, GIRAL,
        BURGOS, HILL-EVANS, CEPEDA-FREYTIZ, CONKLIN, OTTEN AND GREEN,
        MARCH 31, 2025

     REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 31, 2025


                                    AN ACT
 1   Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
 2      act relating to alcoholic liquors, alcohol and malt and
 3      brewed beverages; amending, revising, consolidating and
 4      changing the laws relating thereto; regulating and
 5      restricting the manufacture, purchase, sale, possession,
 6      consumption, importation, transportation, furnishing, holding
 7      in bond, holding in storage, traffic in and use of alcoholic
 8      liquors, alcohol and malt and brewed beverages and the
 9      persons engaged or employed therein; defining the powers and
10      duties of the Pennsylvania Liquor Control Board; providing
11      for the establishment and operation of State liquor stores,
12      for the payment of certain license fees to the respective
13      municipalities and townships, for the abatement of certain
14      nuisances and, in certain cases, for search and seizure
15      without warrant; prescribing penalties and forfeitures;
16      providing for local option, and repealing existing laws," in
17      distilleries, wineries, bonded warehouses, bailees for hire
18      and transporters for hire, further providing for limited
19      wineries.
20      The General Assembly of the Commonwealth of Pennsylvania
21   hereby enacts as follows:
22      Section 1.    Section 505.2(a) of the act of April 12, 1951
23   (P.L.90, No.21), known as the Liquor Code, is amended by adding
24   a clause and subsection (c) is amended by adding a definition to
25   read:
26      Section 505.2.    Limited Wineries.--(a)   In the interest of
 1   promoting tourism and recreational development in Pennsylvania,
 2   holders of a limited winery license may:
 3      * * *
 4      (7)    Obtain an off-premises wine catering permit to use off
 5   the licensed premises in partnership with an otherwise
 6   unlicensed BYOB restaurant where the licensee may sell wine, by
 7   the glass, open bottle or other container and in any mixture
 8   together with food, for consumption on those premises according
 9   to the following:
10      (i)    The licensee may be issued no more than three off-
11   premises wine catering permits to be used in partnership with a
12   BYOB restaurant.
13      (ii)    Any licensee that wishes to obtain an off-premises wine
14   catering permit for use at a BYOB restaurant must notify the
15   board and pay an initial fee of five hundred dollars ($500) per
16   permit application and, upon approval, shall be subject to an
17   annual renewal fee of five hundred dollars ($500).
18      (iii)    The fees under subclause (ii) shall be paid into The
19   State Stores Fund.
20      (iv)    The board may approve or disapprove each permit if the
21   applicant fails to meet the requirements of this act or has
22   previously conducted a function that did not meet the
23   requirements of this act. Any violation of this act or the
24   board's regulations relating to this clause may be the basis for
25   the issuance of a citation under section 471, the nonrenewal of
26   the license under section 470 or the refusal by the board to
27   issue subsequent permits. This penalty shall be in addition to
28   any other remedies available to the enforcement bureau or the
29   board.
30      (v)    Alcohol may only be served at the permitted location

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 1   between the hours of noon and nine o'clock postmeridian.
 2      (vi)    All servers shall be certified under the board's
 3   responsible alcohol management program as required under section
 4   471.1.
 5      (vii)    A permit shall not be held at a location that is
 6   already subject to the applicant's or another licensee's off-
 7   premises wine catering permit.
 8      (viii)    A permit shall not be issued to an applicant whose
 9   license is in safekeeping.
10      (ix)    A permit shall not be issued to a location that is
11   subject to a pending objection by the Director of the Bureau of
12   Licensing or the board under section 470(a.1).
13      (x)    A permit shall not be issued to a location that is
14   subject to a pending license suspension under section 471 or the
15   one-year prohibition on the issuance or transfer of a license
16   under section 471(b).
17      (xi)    Alcohol may not be taken from the permitted location by
18   any patron, but the applicant may transport alcohol to and from
19   the applicant's licensed premises to the proposed premises.
20      (xii)    Written notice of the off-premises wine catering
21   permit as enumerated in subclause (xiii) shall be provided to
22   the local police and the enforcement bureau at least fourteen
23   (14) days in advance of the event.
24      (xiii)    Written notice shall be provided to the board and
25   must include the location of the BYOB restaurant, dates and
26   times that the permit will be used, authorization by the local
27   municipality where the permit is being utilized, as well as any
28   information the board shall prescribe. The board may, in its
29   discretion, accept notice in an electronic format.
30      (xiv)    If a permit is located on private property, the owner

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 1   of the property is deemed to have submitted to the jurisdiction
 2   of the enforcement bureau, and the warrant required by section
 3   211(a)(2) shall not be necessary for the enforcement bureau to
 4   enter and search the premises during the function or any
 5   activity related to the function.
 6      (xv)    The off-premises wine catering permit location shall be
 7   subject to section 493(34).
 8      (xvi)    A permit shall not be issued to locations that are
 9   subject to a pending, protested transfer application.
10      (xvii)    A permit may not be issued to a license holder whose
11   license is subject to a pending objection by the Director of the
12   Bureau of Licensing or the board under section 470(a.1).
13      (xviii)    A permit shall not be issued to a licensee for use
14   in a location that is mobile.
15      * * *
16      (c)    As used in this section:
17      * * *
18      "BYOB restaurant" shall mean a restaurant, eating place or
19   café not licensed by the board that offers on-premises dining,
20   has a valid health permit and allows patrons who are 21 years of
21   age or older to bring wine, beer or spirits to consume while
22   dining on the premises.
23      * * *
24      Section 2.    This act shall take effect in 60 days.




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