HB 885 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in Pennsylvania Liquor Stores, further providing for sales by Pennsylvania Liquor Stores; and, in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for malt and brewed beverages manufacturers', distributors' and importing distributors' licenses.

PRINTER'S NO.   923

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 885
                                               Session of
                                                 2025

     INTRODUCED BY MUSTELLO, BERNSTINE, STENDER, SMITH, KENYATTA,
        CIRESI, OTTEN AND ROWE, MARCH 11, 2025

     REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 11, 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      Pennsylvania Liquor Stores, further providing for sales by
18      Pennsylvania Liquor Stores; and, in licenses and regulations
19      and liquor, alcohol and malt and brewed beverages, further
20      providing for malt and brewed beverages manufacturers',
21      distributors' and importing distributors' licenses.
22      The General Assembly of the Commonwealth of Pennsylvania
23   hereby enacts as follows:
24      Section 1.    Section 305(b) of the act of April 12, 1951
25   (P.L.90, No.21), known as the Liquor Code, amended July 15, 2024
26   (P.L.700, No.57) and July 17, 2024 (P.L.924, No.86), is amended
27   to read:
 1      Section 305.   Sales by Pennsylvania Liquor Stores.--* * *
 2      (b)   Every Pennsylvania Liquor Store shall sell liquors,
 3   including wine and ready-to-drink cocktails, at wholesale to
 4   hotels, restaurants, clubs, and railroad, pullman and steamship
 5   companies licensed under this act; and ready-to-drink cocktails
 6   to distributors and importing distributors that hold a ready-to-
 7   drink cocktail permit; and, under the regulations of the board,
 8   to pharmacists duly licensed and registered under the laws of
 9   the Commonwealth, and to manufacturing pharmacists, and to
10   reputable hospitals approved by the board, or chemists. Sales to
11   licensees and holders of a brewery license shall be made at a
12   price that includes a discount of ten per centum from the retail
13   price; except that special order sales to licensees authorized
14   in subsection (a) shall not be subject to the ten per centum
15   discount. The board may sell to registered pharmacists only such
16   liquors as conform to the Pharmacopoeia of the United States,
17   the National Formulary, or the American Homeopathic
18   Pharmacopoeia. The board may sell at special prices under the
19   regulations of the board, to United States Armed Forces
20   facilities which are located on United States Armed Forces
21   installations and are conducted pursuant to the authority and
22   regulations of the United States Armed Forces. All other sales
23   by such stores shall be at retail, except that incentives, such
24   as coupons or discounts on certain products, may be offered to
25   unlicensed customers of the board as provided under sections
26   207(m) and 493(24)(ii)(B). A person entitled to purchase liquor
27   at wholesale prices may purchase the liquor at any Pennsylvania
28   Liquor Store upon tendering cash, check or credit card for the
29   full amount of the purchase. For this purpose, the board shall
30   issue a discount card to each licensee identifying such licensee

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 1   as a person authorized to purchase liquor at wholesale prices.
 2   Such discount card shall be retained by the licensee. The board
 3   may contract through the Commonwealth bidding process for
 4   delivery to wholesale licensees at the expense of the licensee
 5   receiving the delivery. In addition, the board shall establish a
 6   program under which wholesale licensees are provided a discount
 7   if the licensee picks up its purchases at board-specified
 8   locations, including its warehouse. The board may set whatever
 9   parameters that it deems appropriate, including the amount of
10   the discount or discounts and minimum purchase requirements.
11      * * *
12      Section 2.   Section 431(a.2) of the act is amended to read:
13      Section 431.   Malt and Brewed Beverages Manufacturers',
14   Distributors' and Importing Distributors' Licenses.--* * *
15      (a.2)   The board shall issue to a holder of a manufacturer's
16   license no more than [two] five storage licenses per
17   manufacturer to cover storage facilities separate from the
18   location of the manufacturing facility. A manufacturer may use
19   its storage facilities to receive, store, repackage, sell and
20   distribute malt or brewed beverages in the same manner as it can
21   at its place of manufacture or it may rent, lease or otherwise
22   acquire space from an importing distributor or bailee for hire
23   authorized by this act in the same manner as an out of State
24   manufacturer as set forth in subsection (a.1). A separate
25   written application must be filed to acquire storage licenses,
26   and the board is empowered to establish what information must be
27   provided on that application. Nothing in this act authorizing
28   off-site storage facilities for manufacturers is intended to
29   make any change in the manner malt or brewed beverages are
30   distributed through the three-tier system.

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1     * * *
2     Section 3.    This act shall take effect in 60 days.




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