Section 4-493 - [Effective Until 1/1/2025] Unlawful Acts Relative to Liquor, Malt and Brewed Beverages and LicenseesThe term "licensee," when used in this section, shall mean those persons licensed under the provisions of Article IV, unless the context clearly indicates otherwise.
It shall be unlawful--
(1) Furnishing liquor or malt or brewed beverages to certain persons. For any licensee or the board, or any employe, servant or agent of such licensee or of the board, or any other person, to sell, furnish or give any liquor or malt or brewed beverages, or to permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated, or to any minor: Provided further, That notwithstanding any other provision of law, no cause of action will exist against a licensee or the board or any employe, servant or agent of such licensee or the board for selling, furnishing or giving any liquor or malt or brewed beverages or permitting any liquor or malt or brewed beverages to be sold, furnished or given to any insane person, any habitual drunkard or person of known intemperate habits unless the person sold, furnished or given alcohol is visibly intoxicated or is a minor.(2) Purchase or Sale of Liquor or Malt or Brewed Beverages on Credit; Importing Distributors or Distributors Accepting Cash. For any licensee, his agent, servant or employe, to sell or offer to sell or purchase or receive any liquor or malt or brewed beverages except for cash, excepting credit extended by a hotel or club to a bona fide guest or member, or by railroad or pullman companies in dining, club or buffet cars to passengers, for consumption while enroute, holding authorized credit cards issued by railroad or railroad credit bureaus or by hotel, restaurant, retail dispenser eating place, club and public service licensees, importing distributors or distributors to customers not possessing a license under this article and holding credit cards issued in accordance with regulations of the board or credit cards issued by banking institutions subject to State or Federal regulation: Provided further, That nothing herein contained shall be construed to prohibit the use of checks or drafts drawn on a bank, banking institution, trust company or similar depository, organized and existing under the laws of the United States of America or the laws of any state, territory or possession thereof, in payment for any liquor or malt or brewed beverages if the purchaser is the payor of the check or draft and the licensee is the payee: Provided further, That notwithstanding any other provision of this act to the contrary, it shall be unlawful for an importing distributor or distributor to accept cash for payment of any malt or brewed beverages from anyone possessing a license issued under this article, except it shall be permissible for the importing distributor or distributor to accept credit cards, money orders or cashiers' checks for payment of any malt or brewed beverages in addition to any other type of payment authorized by the board from anyone possessing a license under this article. Notwithstanding any other provision of law to the contrary, distributors and importing distributors may accept credit cards for payment of malt or brewed beverages but they are not required to accept credit cards. No right of action shall exist to collect any claim for credit extended contrary to the provisions of this clause. Nothing herein contained shall prohibit a licensee from crediting to a purchaser the actual price charged for original containers returned by the original purchaser as a credit on any sale, or from refunding to any purchaser the amount paid by such purchaser for such containers or as a deposit on containers when title is retained by the vendor, if such original containers have been returned to the licensee. Nothing herein contained shall prohibit a manufacturer from extending usual and customary credit for liquor or malt or brewed beverages sold to customers or purchasers who live or maintain places of business outside of the Commonwealth of Pennsylvania, when the liquor or malt or brewed beverages so sold are actually transported and delivered to points outside of the Commonwealth: Provided, however, That as to all transactions affecting malt or brewed beverages to be resold or consumed within this Commonwealth, every licensee shall pay and shall require cash deposits on all returnable original containers and all such cash deposits shall be refunded upon return of the original containers.(3) Deleted by 2002, Feb. 21, P.L. 103, No. 10, § 20, effective in 60 days.(4) Peddling liquor or malt or brewed beverages. For any person, to hawk or peddle any liquor or malt or brewed beverages in this Commonwealth.(5) Failure to have brands as advertised. For any licensee, his servants, agents or employes, to advertise or hold out for sale any liquor or malt or brewed beverages by trade name or other designation which would indicate the manufacturer or place of production of the said liquor or malt or brewed beverages, unless he shall actually have on hand and for sale a sufficient quantity of the particular liquor or malt or brewed beverages so advertised to meet requirements to be normally expected as a result of such advertisement or offer.(6)Brand or Trade Name on Spigot. For any licensee, his agents, servants or employes, to furnish or serve any malt or brewed beverages from any faucet, spigot or other dispensing apparatus, unless the trade name or brand of the product served shall appear in full sight of the customer . (7) Alcoholic strength on label of malt or brewed beverages. For any licensee, or his servants, agents or employes, to transport, sell, deliver or purchase any malt or brewed beverages upon which there shall appear a label or other informative data which refers to the alcoholic contents of the malt or brewed beverage in any terms other than as a percentage of alcohol by volume. This clause shall be construed to permit, but not to require, a manufacturer to designate upon the label or descriptive data the alcoholic content of malt or brewed beverages in percentage of alcohol by volume. This clause shall not be construed to prohibit a manufacturer from designating upon the label or descriptive data the alcoholic content of malt or brewed beverages intended for shipment into another state or territory, when the laws of such state or territory require that the alcoholic content of the malt or brewed beverage must be stated upon the package.(8) Advertisements on labels giving alcoholic content of malt or brewed beverages. For any manufacturer or other licensee, or his servants, agents or employes, to issue, publish or post, or cause to be issued, published or posted, any advertisement of any malt or brewed beverage including a label which shall refer in any manner to the alcoholic strength of the malt or brewed beverage manufactured, sold or distributed by such licensees, or to use in any advertisement or label such words as "full strength," "extra strength," "high test," "high proof," "pre-war strength," or similar words or phrases, which would lead or induce a consumer to purchase a brand of malt or brewed beverage on the basis of its alcoholic content, or to use in or on any advertisement or label any numeral, unless adequately explained in type of the same size, prominence and color, or for any licensee to purchase, transport, sell or distribute any malt or brewed beverage advertised or labeled contrary to the provisions of this clause.(9) Deleted by 2002, Feb. 21, P.L. 103, No. 10, § 20, effective in 60 days. Those portions of cl. (10) proscribing "immoral or improper" entertainment were held unconstitutionally vague in Conchatta, Inc. v. Evanko, 2005 WL 426452 (E.D.Pa. 2005). The proscription of "lewd" entertainment was held unconstitutionally overbroad in Conchatta Inc. v. Miller, 458 F.3d 258 (3rd Cir. 2006).
(10) Entertainment on licensed premises (except clubs); permits; fees. For any licensee, his servants, agents or employes, except club licensees, public venue licensees or performing arts facility licensees, to permit in any licensed premises or in any place operated in connection therewith, dancing, theatricals or floor shows of any sort, or moving pictures other than television, or such as are exhibited through machines operated by patrons by the deposit of coins, which project pictures on a screen not exceeding in size twenty-four by thirty inches and which forms part of the machine, unless the licensee shall first have obtained from the board a special permit to provide such entertainment, or for any licensee, under any circumstances, to permit in any licensed premises or in any place operated in connection therewith any lewd, immoral or improper entertainment, regardless of whether a permit to provide entertainment has been obtained or not. The special permit may be used only during the hours when the sale of liquor or malt or brewed beverages is permitted, unless the licensee holds an extended hours food license under section 499(b) which license would allow the special permit to be used while the establishment is open, and between eleven o'clock antemeridian on Sunday and two o'clock antemeridian on the following Monday, regardless of whether the licensee possesses a Sunday sales permit. The board shall have power to provide for the issue of such special permits, and to collect an annual fee for such permits as prescribed in section 614-A of the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929." All such fees shall be paid into the State Stores Fund. No such permit shall be issued in any municipality which, by ordinance, prohibits amusements in licensed places. Any violation of this clause shall, in addition to the penalty herein provided, subject the licensee to suspension or revocation of his permit and his license.(11)Licensees Employed by Others. For any hotel, restaurant or club liquor licensee, or any malt or brewed beverage licensee, or any officer or manager of such licensee, to be at the same time employed, directly or indirectly, by any distributor, importing distributor, manufacturer, importer or vendor licensee or any out of State manufacturer. It shall also be unlawful for any distributor or importing distributor, or any officer or manager of such licensee, to be at the same time employed, directly or indirectly, by any other distributor, importing distributor, manufacturer, importer, vendor, out of State manufacturer, hotel, restaurant, malt or brewed beverage licensee, or club liquor licensee. Except as provided under section 411(g), it shall also be unlawful for any manufacturer, importer, or vendor licensee, or any out of State manufacturer, or any officer or manager of such licensee or manufacturer, to be at the same time employed, directly or indirectly, by any hotel, restaurant or club liquor licensee or any malt or brewed beverage licensee . Nothing in this subsection shall be construed to prohibit a manufacturer licensee, or any officer or manager of such licensee, to be employed at the same time by a hotel, restaurant or retail dispenser licensee if the hotel, restaurant or retail dispenser licensee is located at the manufacturer premises pursuant to section 443. For the purposes of this subsection, an officer or manager of a licensee or manufacturer is an individual who has either an ownership interest in the licensee or manufacturer or has been approved as the licensee's manager by the board. (12) Failure to have records on premises. For any liquor licensee, or any importing distributor, distributor or retail dispenser, to fail to keep on the licensed premises for a period of at least two years complete and truthful records covering the operation of his licensed business, particularly showing the date of all purchases of liquor and malt or brewed beverages, the actual price paid therefor, and the name of the vendor, including State Store receipts, or for any licensee, his servants, agents or employes, to refuse the board or an authorized employe of the board or the enforcement bureau access thereto or the opportunity to make copies of the same when the request is made during business hours.(13) Retail Licensees Employing Minors. For any hotel, restaurant or club liquor licensee, or any retail dispenser, to employ or to permit any minor under the age of eighteen to serve any alcoholic beverages or to employ or permit any minor under the age of sixteen to render any service whatever in the licensed premises, nor shall any entertainer under the age of eighteen be employed or permitted to perform in any licensed premises in violation of the labor laws of this Commonwealth: Provided, That in accordance with board regulations minors between the ages of sixteen and eighteen may be employed to serve food, clear tables and perform other similar duties, not to include the dispensing or serving of alcoholic beverages. A ski resort, golf course or amusement park licensee may employ minors fourteen and fifteen years of age to perform duties in rooms or areas of the licensed premises; however, such minors may not perform duties in rooms or areas in which alcohol is being concurrently dispensed or served or in which alcohol is being concurrently stored in an unsecured manner. Notwithstanding any provisions of law to the contrary, a hotel, restaurant or club liquor licensee or any retail dispenser may allow students receiving instruction in a performing art to perform an exhibition if the students are not compensated and are under proper supervision. Written notice of the performance must be provided to the enforcement bureau prior to the performance.(14) Permitting undesirable persons or minors to frequent premises. For any hotel, restaurant or club liquor licensee, or any retail dispenser, his servants, agents or employes, to permit persons of ill repute or prostitutes to frequent his licensed premises or any premises operated in connection therewith. Minors may only frequent licensed premises if: (a) they are accompanied by a parent; (b) they are accompanied by a legal guardian; (c) they are under proper supervision; (d) they are attending a social gathering; or (e) the hotel, restaurant or retail dispenser licensee has gross sales of food and nonalcoholic beverages equal to fifty per centum or more of its combined gross sale of both food and alcoholic beverages. If a minor is frequenting a hotel, restaurant or retail dispenser licensee under subsection (e), then the minor may not sit at the bar section of the premises, nor may any alcoholic beverages be served at the table or booth at which the said minor is seated unless said minor is with a parent, legal guardian or under proper supervision. Further, if a hotel, restaurant, club liquor licensee or retail dispenser is hosting a social gathering under subsection (d), then written notice at least forty-eight hours in advance of such gathering shall be given to the Bureau of Enforcement. If a minor is frequenting licensed premises with proper supervision under subsection (c), each supervisor can supervise up to twenty minors, except for premises located in cities of the first class, where each supervisor can supervise up to five minors. Notwithstanding any other provisions of this section, if the minors are on the premises as part of a school-endorsed function, then each supervisor can supervise fifty minors. Nothing in this clause shall be construed to make it unlawful for minors to frequent public venues, performing arts facilities or ski resorts.
(15) Cashing pay roll, public assistance, unemployment compensation or any other relief checks. For any licensee or his servants, agents or employes to cash pay roll checks or to cash, receive, handle or negotiate in any way Public Assistance, Unemployment Compensation or any other relief checks.(16) Furnishing or delivering liquor or malt or brewed beverages at unlawful hours. For any licensee, his servants, agents or employes, to give, furnish, trade, barter, serve or deliver any liquor or malt or brewed beverages to any person during hours or on days when the licensee is prohibited by this act from selling liquor or malt or brewed beverages.(17)Licensees, etc., interested or employed in manufacturing or sale of equipment or fixtures. For any licensee, or any officer, director, stockholder, servant, agent or employe of any licensee, to own any interest, directly or indirectly, in or be employed or engaged in any business which involves the manufacture or sale of any equipment, furnishings or fixtures to any hotel, restaurant or club licensees, or to any importing distributors, distributors or retail dispensers. Notwithstanding any other provision of this section or this act, licensees may sell glasses at not less than cost and to provide metal keg connectors and tap knobs to other licensees and to holders of special occasion permits. Additionally, notwithstanding any other provision of this section or act, importing distributor and distributor licensees may rent all equipment and supplies necessary to dispense draft beer, as may be further defined by the board, to other licensees.(18), (19) Repealed by 1998, June 18, P.L. 664, No. 86, § 15.(20)(i) Retail liquor and retail malt or brewed beverages licensee's inside advertisements. For any retail liquor or retail malt or brewed beverages licensee, to display or permit the display in the show window or doorways of his licensed premises, any placard or sign advertising the brands of liquor or malt or brewed beverages, if the total display area of any such placard or sign advertising the product or products exceeds six hundred square inches. Nothing herein shall prohibit a licensee from displaying inside his licensed premises point of sale displays advertising brand names of products sold by him, other than a window or door display: Provided, that the total cost of all such point of sale advertising matter relating to any one brand shall not exceed seven hundred-fifty dollars ($750). All such advertising material, including the window and door signs, may be furnished by a manufacturer, distributor or importing distributor. The restrictions on advertising set forth in subclause (ii) and in clauses (20.1) and (20.2) shall also apply to this subclause.(ii) Cooperative Advertising. No distributor or importing distributor, directly or indirectly, independent or otherwise, shall, except by prior written agreement, be required to participate with a manufacturer in the purchase of any advertising of a brand name product in any name, in any form, whether it be radio, television, newspaper, magazine or otherwise.(20.1) Manufacturer shall not require advertising. For a manufacturer to require a distributor or importing distributor to purchase any type of advertising.(20.2) Advertising shall be ordered and authorized in advance. For any advertising to be done on behalf of a distributor or importing distributor which was not ordered and authorized in advance by the distributor or importing distributor.(21) Refusing the right of inspection. For any licensee, or his servants, agents or employes, to refuse the board or the enforcement bureau or any of their authorized employes the right to inspect completely the entire licensed premises at any time during which the premises are open for the transaction of business, or when patrons, guests or members are in that portion of the licensed premises wherein either liquor or malt or brewed beverages are sold.(22) Allowance or rebate to induce purchases. For any licensee, or his servants, agents or employes, to offer, pay, make or allow, or for any licensee, or his servants, agents or employes, to solicit or receive any allowance or rebate, refunds or concessions, whether in the form of money or otherwise, to induce directly the purchase of liquor or malt or brewed beverages.(23) Money or valuables given to employes to influence actions of their employers. For any licensee, or any agent, employe or representative of any licensee, to give or permit to be given, directly or indirectly, money or anything of substantial value, in an effort to induce agents, employes or representatives of customers or prospective customers to influence their employer or principal to purchase or contract to purchase liquor or malt or brewed beverages from the donor of such gift, or to influence such employers or principals to refrain from dealing or contracting to deal with other licensees.(24)(i) Things of value offered as inducement. Except as provided in subclauses (ii) , (iii), (iv) , (v) and (vi), for any licensee under the provisions of this article, or the board or any manufacturer, or any employe or agent of a manufacturer, licensee or of the board, to offer to give anything of value or to solicit or receive anything of value as a premium for the return of caps, stoppers, corks, stamps or labels taken from any bottle, case, barrel or package containing liquor or malt or brewed beverage, or to offer or give or solicit or receive anything of value as a premium or present to induce directly the purchase of liquor or malt or brewed beverage, or for any licensee, manufacturer or other person to offer or give to trade or consumer buyers any prize, premium, gift or other inducement to purchase liquor or malt or brewed beverages, except advertising novelties of nominal value which the board shall define. This section shall not prevent any manufacturer or any agent of a manufacturer from offering and honoring coupons which offer monetary rebates on purchases of wines and spirits through State liquor stores or purchases of malt or brewed beverages through distributors and importing distributors in accordance with conditions or regulations established by the board. The board may redeem coupons offered by a manufacturer or an agent of a manufacturer at the time of purchase. Coupons offered by a manufacturer or an agent of a manufacturer shall not be redeemed without proof of purchase. This section shall not apply to the return of any monies specifically deposited for the return of the original container to the owners thereof.(ii) Notwithstanding subclause (i) or any other provision of law: (A) A holder of a restaurant license that is also approved to hold a slot machine license or a conditional slot machine license under 4 Pa.C.S. Part II (relating to gaming) may give liquor and malt or brewed beverages free of charge to any person actively engaged in playing a slot machine.(B) The board may establish and implement a customer relations management program for the purpose of offering to unlicensed customers of the board incentives, such as coupons or discounts on certain products, which may be conditioned on the purchase of liquor.(iii) Notwithstanding subclause (i) or any other provision of law, a retail licensee or a brewery may offer a mug club to its patrons.(iv) Notwithstanding subclause (i) or any other provision of law, a distributor or importing distributor may offer and advertise quantity discounts on the purchase of malt or brewed beverages.(v) Notwithstanding subclause (i) or any other provision of law, a manufacturer or licensee of the board may provide a trade buyer with point-of-sale advertising for liquor or malt or brewed beverage products being sold by the manufacturer or licensee, subject to the limits specified in clause (20)(i).(vi) Notwithstanding subclause (i) or any other provision of law, a limited winery may offer to nonlicensees discounted pricing on products that the limited winery may sell for off-premises consumption and may condition the pricing on the purchase of a specific amount of alcohol.(25) Employment in licensed places. For any licensee or his agent, to employ or permit the employment of any person at his licensed hotel, restaurant or eating place for the purpose of enticing customers, or to encourage them to drink liquor, or make assignations for improper purposes. Any person violating the provisions of this clause shall be guilty of a misdemeanor and, upon conviction of the same, shall be sentenced to pay a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500), for each and every person so employed, or undergo an imprisonment of not less than three (3) months, nor more than one (1) year, or either or both, at the discretion of the court having jurisdiction of the case. The administrative law judge shall have the power to revoke or refuse licenses for violation of this clause.
(26) Worthless checks. For any retail liquor licensee or any retail dispenser, distributor or importing distributor, to make, draw, utter, issue or deliver, or cause to be made, drawn, uttered, issued or delivered, any check, draft or similar order, for the payment of money in payment for any purchase of malt or brewed beverages, when such retail liquor licensee, retail dispenser, distributor or importing distributor, has not sufficient funds in, or credit with, such bank, banking institution, trust company or other depository, for the payment of such check. Any person who is a licensee under the provisions of this article, who shall receive in payment for malt or brewed beverages sold by him any check, draft or similar order for the payment of money, which is subsequently dishonored by the bank, banking institution, trust company or other depository, upon which drawn, for any reason whatsoever, shall, within five days of receipt of notice of such dishonor, notify by certified mail the person who presented the said worthless check, draft or similar order. If the violation of this clause is the first such violation by the licensee that calendar year involving a check, draft or similar order from the purchaser to the seller and if the check, draft or similar order is subsequently honored within ten (10) days from the day it was made, drawn, uttered, issued or delivered, then the enforcement bureau shall issue an administrative warning in lieu of citation.(27) Distributors and importing distributors employing minors. For any distributor or importing distributor to employ minors under the age of eighteen but persons eighteen and over may be employed to sell and deliver malt and brewed beverages.(28) Consumption of liquor or malt or brewed beverages while tending bar. For any licensee, his servants, agents or employes, to consume liquor or malt or brewed beverages while tending bar or otherwise serving liquor or malt or brewed beverages. No action shall be taken against a licensee under this clause unless the licensee is the individual consuming liquor or malt or brewed beverages in violation of this clause.(29) Repealed by 2004, July 5, P.L. 572, No. 71, § 1 [4 Pa.C.S. § 1903(a)(1)], imd. effective. Repeal declared unconstitutional by the Pennsylvania Supreme Court in Pennsylvanians Against Gambling Expansion Fund, Inc. v. Com., 877 A.2d 383 (Pa. 2005). Deleted by 2006, Nov. 29, P.L. 1421, No. 155, § 3.2, imd. effective.(30) Pyrotechnics prohibited. For any licensee, his servants, agents or employes, except licensees where pyrotechnic displays are performed by a pyrotechnic operator licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives and are approved by a municipal fire official, to store, handle, use or display any pyrotechnics within a building on the licensed premises. For purposes of this clause, "pyrotechnics" shall mean any chemical mixture, including pyrotechnic compositions, intended to produce a visible or audible effect by combustion, deflagration or detonation as defined by section 1.5.52 of the National Fire Protection Association Standard 1126 entitled "Standard for the Use of Pyrotechnics before a Proximate Audience," 1992 Edition.(31)(i) Sale or Purchase of Controlled Substance or Drug Paraphernalia by Licensee. For any licensee to possess, furnish, sell, offer to sell, or purchase or receive, or aid and abet in the sale or purchase of any controlled substance or drug paraphernalia, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," on the licensed premises unless the actions of the licensee are authorized by law.(ii) Sale or Purchase of Controlled Substances or Drug Paraphernalia by Servant, Agent or Employe of the Licensee. For any servants, agents or employes of the licensee to possess, furnish, sell, offer to sell, or purchase or receive, or aid and abet in the sale or purchase of any controlled substance or drug paraphernalia, as defined in "The Controlled Substance, Drug, Device and Cosmetic Act," on the licensed premises unless the actions of the person are authorized by law. The licensee shall only be cited for a violation of this subclause if the licensee knew or should have known of the activity and failed to take substantial affirmative steps to prevent the activity on its premises.(32) Sale or Purchase of Alcohol Vaporizing Devices. For any licensee, his servants or agents or employes to possess or permit an alcohol vaporizing device on the licensed premises.(33) Off-premises Catering Permit; Fees. For any licensee, his servants, agents or employes to s ell alcohol at a location other than its licensed premises, unless the sale is specifically authorized under this act, or unless the licensee receives a special permit from the board to do so. Only those licensees holding a current and valid restaurant, hotel , brew pub or eating place license shall be allowed to apply for such a permit. Any licensee that wishes to obtain an off-premises catering permit must notify the board and pay the permitting fee by March of each calendar year regardless of whether the licensee has scheduled catered events. Any licensee that fails to notify the board and pay the permit fee by March 1 shall be precluded from obtaining the permit for that calendar year. If a licensee notifies the board and pays the permitting fee by March 1 and does not then use the permit throughout the calendar year, the licensee shall not be entitled to a return of the permitting fee. Any licensee not granted a license until after March 1 of the calendar year shall have sixty days from the date of the license transfer to notify the board of the licensee's intention to use an off-premises catering permit and pay the permitting fee.The board shall have the discretion to allow the issuance of the permit after the March 1 deadline if the applicant is a licensee in good standing with the board and complies with all other requirements for the off-premises catering permit. A licensee shall apply for the permit at least sixty days prior to the first catered function. All servers at the off-premises catered function shall be certified under the board's responsible alcohol management program as required under section 471.1. The board m ay charge a fee of five hundred dollars ($500) each calendar year, to each applicant for the initial permit associated with a particular license, but no further fee shall be charged for any subsequent permits issued to the applicant for the license during the same calendar year. The applicant shall submit written notice to the board thirty days prior to each catered event, unless this time frame has been waived by the board and the board may approve or disapprove each event if the applicant fails to provide timely notice of the catered function, does not intend to conduct a function that meets the requirements of this act or has previously conducted a function that did not meet the requirements of this act. T he fees shall be paid into the State Stores Fund. Any violation of this act or the board's regulations for governing activity occurring under the authority of this permit may be the basis for the issuance of a citation under section 471, the nonrenewal of the license under section 470 or the refusal by the board to issue subsequent permits or honor subsequent dates on the existing permit. This penalty shall be in addition to any other remedies available to the enforcement bureau or the board.(34) Noise. Notwithstanding any law or regulation to the contrary, a licensee may not use or permit to be used inside or outside of the licensed premises a loudspeaker or similar device whereby the sound of music or other entertainment, or the advertisement thereof, can be heard beyond the licensee's property line ; however, any licensee that is located in an area which is subject to an exemption from the board's regulation regarding amplified music being heard off the licensed premises shall be exempt from compliance with this paragraph until the expiration of the board's order granting the exemption. The board's regulation regarding amplified music being heard off the licensed premises is otherwise superseded by this paragraph.(35)Display of nonalcoholic beverages. For any class of licensee to place any alcoholic beverage which they are permitted to sell under the specific authority of the license or permit they hold in an area immediately adjacent to where nonalcoholic beverages containing the same or similar brand name, logo or packaging as the alcoholic beverage are being displayed without posting clear and distinct signage identifying which products are alcoholic products and which are nonalcoholic. For purposes of this clause, the term "nonalcoholic beverages" shall mean any beverage intended to be marketed or sold as anything other than an alcoholic beverage.(36)(i)Ready-to-Drink Cocktails. For any licensee that does not hold a ready-to-drink cocktail permit to sell an alcoholic beverage that meets the definition of a "ready-to-drink cocktail" for off-premises consumption, except for an entity that meets the definition of a "licensed Pennsylvania manufacturer" under section 415.1(I). (ii) For any licensee to acquire an alcoholic beverage that meets the definition of a "ready-to-drink cocktail" from anyone other than the board, or an entity that meets the definition of a "licensed Pennsylvania manufacturer" under section 415.1(I), except that a licensee may acquire an alcoholic beverage that meets the definition of a "ready-to-drink cocktail" from an entity licensed under section 505.4, if the purchasing licensee does not resell the alcoholic beverage for off-premises consumption.(iii) For a licensee who acquired an alcoholic beverage that meets the definition of a "ready-to-drink cocktail" as a special order to sell the alcoholic beverage that meets the definition of a "ready-to-drink cocktail" for off-premises consumption regardless of whether the licensee holds a ready-to-drink cocktail permit.Amended by P.L. (number not assigned at time of publication) 2024 No. 86,§ 8, eff. 9/16/2024.Amended by P.L. (number not assigned at time of publication) 2024 No. 57,§ 10, eff. 9/13/2024.Amended by P.L. TBD 2020 No. 125, § 3, eff. 1/24/2021.Amended by P.L. TBD 2017 No. 75, § 5, eff. 12/22/2017.Amended by P.L. TBD 2016 No. 166, § 13, eff. 1/14/2017.Amended by P.L. TBD 2016 No. 39, § 24, eff. 8/7/2016.Amended by P.L. 1007 2012 No. 116, § 8, eff. 7/5/2012.1951, April 12, P.L. 90, art. IV, § 493. Amended 1952, Jan. 14, P.L. (1951) 1865, § 1; 1956, May 15, P.L. (1955) 1587, § 1; 1957, June 14, P.L. 322, § 1; 1961, June 15, P.L. 423, No. 211, §§ 1, 2; 1967, Sept. 25, P.L. 307, No. 135, § 1; 1967, Oct. 9, P.L. 397, No. 180, § 1; 1970, Feb. 16, P.L. 20, No. 11, § 1; 1970, March 5, P.L. 137, No. 55, § 1; 1974, March 13, P.L. 190, No. 35, § 1, imd. effective; 1974, Dec. 30, P.L. 1032, No. 335, § 1, imd. effective; 1975 , Aug. 1, P.L. 161, No. 83, §§ 1, 2, imd. effective; 1977 , June 15, P.L. 12, No. 9, § 1, effective in 60 days; 1980 , July 11, P.L. 558, No. 117, § 5, effective in 60 days; 1982 , March 9, P.L. 174, No. 55, § 1, imd. effective; 1984 , May 9, P.L. 246, No. 54, § 6, imd. effective. Reenacted and amended 1987 , June 29, P.L. 32, No. 14, § 81, effective July 1, 1987. Amended 1990, Dec. 7, P.L. 622, No. 160, § 5, effective in 60 days; 1994, April 29, P.L. 212, No. 30, § 18, effective in 60 days; 1994, Oct. 5, P.L. 522, No. 77, § 7, imd. effective; 1994, Oct. 5, P.L. 537, No. 80, § 2, imd. effective; 1996, May 31, P.L. 312, No. 49, § 15, imd. effective; 1998, Feb. 18, P.L. 162, No. 25, § 7, imd. effective; Affected 1998, June 18, P.L. 664, No. 86, §§ 14, 15, effective in 60 days; 1999, Nov. 10, P.L. 514, No. 47, § 10, imd. effective; 2000, Dec. 20, P.L. 992, No. 141, § 16, effective in 60 days; 2002, Feb. 21, P.L. 103, No. 10, § 20, effective in 60 days; 2002, Dec. 9, P.L. 1653, No. 212, §§ 25, 26, effective in 60 days; 2002, Dec. 16, P.L. 1806, No. 221, § 2, imd. effective; 2003 , May 8, P.L. 1, No. 1, § 4, imd. effective; 2003 , July 17, P.L. 63, No. 15, § 7, imd. effective; 2004, July 5, P.L. 572, No. 71, §1 [ 4 Pa.C.S. § 1903(a)(1)], imd. effective; 2004, Nov. 30, P.L. 1727, No. 221, § 3, imd. effective; 2004, Dec. 8, P.L. 1810, No. 239, § 9, effective Feb. 7, 2005; 2005, July 6, P.L. 135, No. 39, § 12, imd. effective; 2006 , Jan. 6, P.L. 1, No. 1, § 6, imd. effective; 2006, July 7, P.L. 584, No. 84, § 6, effective in 60 days [Sept. 5, 2006]; 2006, Nov. 29, P.L. 1421, No. 155, § 3.2, imd. effective; 2007, July 16, P.L. 107, No. 34, § 5, effective in 60 days [Sept. 14, 2007]; 2011, June 28, P.L. 55, No. 11, § 12, imd. effective; 2011, Dec. 22, P.L. 530, No. 113, § 18.This section is set out more than once due to postponed, multiple, or conflicting amendments.