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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Statutes/Laws affected: Printer's No. 0923: P.L.90, No.21