Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 4-499 - Premises to be vacated by patrons(a) Except as provided for elsewhere in this section, all patrons of a licensee shall be required to leave that part of the premises habitually used for the serving of liquor or malt or brewed beverages to guests or patrons not later than one-half hour after the time the licensee is required by this act to cease serving liquor or malt or brewed beverages and shall not be permitted to have any previously served liquor or malt or brewed beverages in their possession, nor shall they be permitted to remove any previously served liquor or malt or brewed beverages from that part of the premises. Patrons of a licensee shall not be permitted to reenter that portion of the premises habitually used for the serving of liquor or malt or brewed beverages between the time designated by this act for patrons to vacate the licensed premises and the time designated by this act when the serving of liquor or malt or brewed beverages is allowed to begin unless the licensee has been granted a permit for extended hours food service.(a.1) Subsection (a) shall not apply to sales of malt and brewed beverages for consumption off the premises when the following conditions are met: (1) no licensee may sell malt or brewed beverages in excess of one hundred ninety-two fluid ounces in any one sale for consumption off the premises;(2) sales and service of malt and brewed beverages for consumption off the premises are made prior to the designated time the licensee is required by this act to cease serving liquor, malt or brewed beverages;(3) persons who have purchased malt and brewed beverages for consumption off the premises shall remove the malt and brewed beverages from the premises by the designated time as contained in this act that patrons are required to vacate the premises;(4) no club licensee may sell any malt or brewed beverage for consumption off the premises where sold or to any persons who are not members of the club.(b) A licensee may remain open between the hours of two o'clock antemeridian and seven o'clock antemeridian for the purpose of serving food on any day if such licensee either possesses or is eligible to purchase a Sunday sales permit and receives an extended hours food license. The board shall establish an annual fee for the extended hours food license which shall not exceed fifty dollars ($50).(b.1) Upon application of any club, the board shall issue a club extended hours food permit. The board shall issue regulations governing terms of the application. The permits shall be used solely for the purpose of serving food between the hours of three o'clock antemeridian and seven o'clock antemeridian. All patrons of a licensee shall be required to leave that part of the premises habitually used for the serving of liquor or malt or brewed beverages to guests or patrons not later than one-half hour after the time the licensee is required by this act to cease serving liquor or malt or brewed beverages and shall not be permitted to have any previously served liquor or malt or brewed beverages in their possession, nor shall they be permitted to remove any previously served liquor or malt or brewed beverages from that part of the premises.(c) Any licensee who violates this section for the first offense commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than three hundred dollars ($300) or to imprisonment for not more than ninety (90) days, or both, and for the second or any subsequent offense commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than two thousand five hundred dollars ($2,500) or to imprisonment for not more than one (1) year, or both.(d) This section shall not apply to holders of public service licenses.(e) Nothing in this section shall prohibit restaurant liquor, eating place retail dispenser or hotel licenses from being open seven o'clock ante meridian on Sunday until two o'clock ante meridian Monday for the purpose of serving food and non-alcoholic beverages.Amended by P.L. (number not assigned at time of publication) 2024 No. 57,§ 11, eff. 9/13/2024.1990, Dec. 7, P.L. 622, No. 160, § 6, effective in 60 days. Amended 1994, July 1, P.L. 402, No. 61, § 3, imd. effective; 1994, Oct. 5, P.L. 522, No. 77, § 9, imd. effective; 2002, Feb. 21, P.L. 103, No. 10, § 24, effective in 60 days.