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 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An act relating to alcoholic liquors, alcohol and malt and brewed beverages; amending, revising, consolidating and changing the laws relating thereto; regulating and restricting the manufacture, purchase, sale, possession, consumption, importation, transportation, furnishing, holding in bond, holding in storage, traffic in and use of alcoholic liquors, alcohol and malt and brewed beverages and the persons engaged or employed therein; defining the powers and duties of the Pennsylvania Liquor Control Board; providing for the establishment and operation of State liquor stores, for the payment of certain license fees to the respective municipalities and townships, for the abatement of certain nuisances and, in certain cases, for search and seizure without warrant; prescribing penalties and forfeitures; providing for local option, and repealing existing laws," 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. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 305(b) of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, amended July 15, 2024 (P.L.700, No.57) and July 17, 2024 (P.L.924, No.86), is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 305. Sales by Pennsylvania Liquor Stores.--* * * (b) Every Pennsylvania Liquor Store shall sell liquors, including wine and ready-to-drink cocktails, at wholesale to hotels, restaurants, clubs, and railroad, pullman and steamship companies licensed under this act; and ready-to-drink cocktails to distributors and importing distributors that hold a ready-to- drink cocktail permit; and, under the regulations of the board, to pharmacists duly licensed and registered under the laws of the Commonwealth, and to manufacturing pharmacists, and to reputable hospitals approved by the board, or chemists. Sales to licensees and holders of a brewery license shall be made at a price that includes a discount of ten per centum from the retail price; except that special order sales to licensees authorized in subsection (a) shall not be subject to the ten per centum discount. The board may sell to registered pharmacists only such liquors as conform to the Pharmacopoeia of the United States, the National Formulary, or the American Homeopathic Pharmacopoeia. The board may sell at special prices under the regulations of the board, to United States Armed Forces facilities which are located on United States Armed Forces installations and are conducted pursuant to the authority and regulations of the United States Armed Forces. All other sales by such stores shall be at retail, except that incentives, such as coupons or discounts on certain products, may be offered to unlicensed customers of the board as provided under sections 207(m) and 493(24)(ii)(B). A person entitled to purchase liquor at wholesale prices may purchase the liquor at any Pennsylvania Liquor Store upon tendering cash, check or credit card for the full amount of the purchase. For this purpose, the board shall issue a discount card to each licensee identifying such licensee 20250HB0885PN0923 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 as a person authorized to purchase liquor at wholesale prices. Such discount card shall be retained by the licensee. The board may contract through the Commonwealth bidding process for delivery to wholesale licensees at the expense of the licensee receiving the delivery. In addition, the board shall establish a program under which wholesale licensees are provided a discount if the licensee picks up its purchases at board-specified locations, including its warehouse. The board may set whatever parameters that it deems appropriate, including the amount of the discount or discounts and minimum purchase requirements. * * * Section 2. Section 431(a.2) of the act is amended to read: Section 431. Malt and Brewed Beverages Manufacturers', Distributors' and Importing Distributors' Licenses.--* * * (a.2) The board shall issue to a holder of a manufacturer's license no more than [ two] five storage licenses per manufacturer to cover storage facilities separate from the location of the manufacturing facility. A manufacturer may use its storage facilities to receive, store, repackage, sell and distribute malt or brewed beverages in the same manner as it can at its place of manufacture or it may rent, lease or otherwise acquire space from an importing distributor or bailee for hire authorized by this act in the same manner as an out of State manufacturer as set forth in subsection (a.1). A separate written application must be filed to acquire storage licenses, and the board is empowered to establish what information must be provided on that application. Nothing in this act authorizing off-site storage facilities for manufacturers is intended to make any change in the manner malt or brewed beverages are distributed through the three-tier system. 20250HB0885PN0923 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 * * * Section 3. This act shall take effect in 60 days. 20250HB0885PN0923 - 4 - 1 2