HB 1618 — 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, providing for restaurant satellite location permit.

PRINTER'S NO.     1952

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1618
                                               Session of
                                                 2025

     INTRODUCED BY GALLAGHER, GAYDOS, GOUGHNOUR, HOHENSTEIN, GIRAL,
        HILL-EVANS, MAYES, SANCHEZ, MALAGARI, DONAHUE, BURGOS,
        PROKOPIAK, WAXMAN, DOUGHERTY AND D. WILLIAMS, JUNE 16, 2025

     REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 17, 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      licenses and regulations and liquor, alcohol and malt and
18      brewed beverages, providing for restaurant satellite location
19      permit.
20      The General Assembly of the Commonwealth of Pennsylvania
21   hereby enacts as follows:
22      Section 1.    The act of April 12, 1951 (P.L.90, No.21), known
23   as the Liquor Code, is amended by adding a section to read:
24      Section 406.2.    Restaurant Satellite Location Permit.--(a)
25   The holder of a restaurant license may obtain a restaurant
26   satellite location permit to establish and operate up to two
 1   additional locations within this Commonwealth for the purpose of
 2   selling alcohol, and may sell liquor and malt or brewed
 3   beverages by the glass, open bottle or other container, and any
 4   mixture, for consumption only in that part of the restaurant
 5   satellite location habitually used for the serving of food to
 6   guests or patrons, subject to the conditions of this section.
 7      (b)   A restaurant satellite location may sell liquor and malt
 8   or brewed beverages only during the time periods and within the
 9   same capacity in which the primary licensed premises is
10   permitted to sell liquor and malt or brewed beverages, including
11   if the restaurant licensee possesses a Sunday sales permit, wine
12   expanded permit, amusement permit or extended hours food permit.
13      (c)   A restaurant satellite location may share space with a
14   nonlicensed business, including a restaurant or food
15   establishment, provided that the restaurant licensee retains
16   operations control and complies with all board regulations
17   concerning alcohol service, safety and access control.
18      (d)   A restaurant satellite location must be a reputable
19   place operated by responsible persons of good reputation and
20   habitually and principally used for the purpose of providing
21   food for the public. The place must have an area within a
22   building of not less than four hundred square feet, be equipped
23   with tables and chairs, including bar seats, to accommodate at
24   least thirty persons at one time. The board shall, by
25   regulation, specify what constitutes tables and chairs
26   sufficient to accommodate thirty persons at one time.
27      (e)   A restaurant licensee must receive approval by the
28   governing body of the municipality in which the additional
29   location is to be located prior to the issuance of a restaurant
30   satellite location permit by the board. Upon request for

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 1   approval of a restaurant satellite location permit, the
 2   governing body of the municipality shall hold at least one
 3   public hearing for the purpose of receiving comments and
 4   recommendations of interested individuals residing within the
 5   municipality concerning the applicant's request for a restaurant
 6   satellite location permit. A copy of the approval must be
 7   submitted with the restaurant satellite location permit. Failure
 8   by the governing body to render a decision within forty-five
 9   days of the applicant's request for approval shall be deemed
10   approval of the application in terms as presented unless the
11   governing body has notified the applicant in writing of the
12   governing body's election to extend the time, which extension
13   may not exceed sixty days. Failure by the governing body to
14   render a decision within the extended time period shall be
15   deemed an approval of the application in terms as presented.
16      (f)   An applicant for a restaurant satellite location permit
17   must file a written application with the board in such form and
18   containing such information as the board prescribes. The
19   application shall contain a description of the location for
20   which the applicant desires a permit and shall state such other
21   material information, description or plan of the location where
22   it is proposed to keep and sell liquor as may be required by the
23   regulations of the board. The descriptions, information and
24   plans must show the proposed location for the restaurant
25   satellite location, or the proposed location for the
26   construction of the restaurant satellite location, at the time
27   the application is made, and must show any alteration proposed
28   to be made to the location, or the new building proposed to be
29   constructed after the approval by the board of the application
30   for a permit. After approval of the application, the permittee

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 1   shall make the physical alterations, improvements and changes to
 2   the restaurant satellite location premises, or shall construct
 3   the new building in the manner specified by the board at the
 4   time of approval, and the permittee may not transact any
 5   business under the license until the board has approved the
 6   completed physical alteration, improvement and change to the
 7   restaurant satellite location premises, or the completed
 8   construction of the new building as conforming to the
 9   specifications required by the board at the time of issuance of
10   the permit, and is satisfied that the restaurant satellite
11   location meets the specifications required by this act and the
12   board. The board may require that all alterations or
13   construction or conformity to definition be completed within six
14   months from the time of issuance of the permit. The applicant
15   shall submit to the board proof of financial capability to
16   operate a satellite location and a business plan outlining
17   operations, security measures and responsible alcohol service
18   practices. Failure to comply with these requirements shall be
19   considered cause for revocation of the permit. Permits under
20   this section are nontransferable and each restaurant satellite
21   location must apply for and possess its own permit, regardless
22   of both permits existing in connection to the same restaurant
23   licensee.
24      (g)   An applicant for a new license or for the transfer of an
25   existing license shall post, for a period of at least thirty
26   days beginning with the day the application is filed with the
27   board, in a conspicuous place on the outside of the premises or
28   at the proposed new location for which the license is applied, a
29   notice of the application. The notice shall be in such form, be
30   of such size, and contain such provisions as the board may

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 1   require by regulation. The licensee shall file with the board
 2   proof of the posting of the notice.
 3      (h)   If an affiant intentionally makes a false statement in
 4   an application, the affiant shall be deemed guilty of a
 5   misdemeanor and, upon conviction, shall be subject to the
 6   penalties provided by this article.
 7      (i)   The board shall approve or deny an application for a
 8   restaurant satellite location permit within fourteen days of
 9   receipt of the application. Failure of the board to approve or
10   deny the application shall result in the application being
11   deemed approved.
12      (j)   A restaurant licensee that wishes to obtain a restaurant
13   satellite location permit must pay the permitting fee as the
14   board prescribes. The permit is valid only for a period of up to
15   two years and only so long as the restaurant licensee maintains
16   a valid restaurant license. If the restaurant license of the
17   restaurant licensee is suspended or revoked by the board, any
18   restaurant satellite location connected to the license shall not
19   be permitted to operate.
20      (k)   The board shall refuse an application for a restaurant
21   satellite location permit if the proposed location is within
22   three hundred feet of a church, hospital, charitable
23   institution, school or public playground, or if the proposed
24   location is within two hundred feet of any other premises
25   licensed by the board or of a restaurant satellite location
26   permit. The board shall refuse an application for a restaurant
27   satellite location permit if, in the board's opinion, the
28   restaurant satellite location permit would be detrimental to the
29   welfare, health, peace and morals of the inhabitants of the
30   neighborhood within a radius of five hundred feet of the

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1   proposed location.
2      (l)   A servant, agent or employe at a restaurant satellite
3   location shall be employed by the restaurant licensee in
4   connection with the restaurant satellite location permit and
5   subject to the same conditions and qualifications as those
6   imposed on any servant, agent or employe of a restaurant
7   licensee.
8      Section 2.   This act shall take effect in 60 days.




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