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Politics & Government

Raise A Glass: Modernization Of PA Liquor Codes Underway

Unanimous support for changing happy hours, wine sales.

While the battle to privatize Pennsylvania's liquor stores is getting most of the attention, efforts to modernize other parts of the liquor code are moving along as well.

The state House Liquor Control Committee unanimously approved a measure Feb. 9 removing some restrictions on alcohol sales by restaurants, bars and taverns.  The bill, H.B. 148, is only the first part of a larger movement by the committee to update the state's alcohol laws.

State Rep. John Taylor (R-Philadelphia), chair of the committee, said the changes would be aimed at loosening unnecessary restrictions.

"We're looking to some things that have been proposed in the past but blocked for one reason or another," said Mr. Taylor. "We want the focus to be on retail rather than control."

One part of the new bill would mean changes to "happy hour."

Under current state law, bars and taverns are allowed to reduce their alcohol prices for no more than two hours per day. In the proposed bill, establishments would still be limited to 14 hours of lower prices per week, but would be allowed to divide up the hours in any way.

Bars would be allowed to hold a four-hour "happy hour" for Monday Night Football or for a Sunday afternoon NASCAR race, said state Rep. John Payne (R-Dauphin), the bill's sponsor.

"Government just can't be that detailed," said Mr. Payne of the current restrictions. "Why do we have to dictate something that specific?"

The proposal would maintain the existing prohibition on lower alcohol prices between midnight and closing time.

Major John Lutz, director of the Pennsylvania State Police's Bureau of Liquor Control Enforcement, said changing the happy hour rules could result in more people driving under the influence.

"Allowing a licensee to save all those hours and move them about during the week is a bad idea," said Mr. Lutz. He said a licensee could theoretically use all their weekly hours on a single day--such as on Super Bowl Sunday--which he said would be irresponsible.

The Pennsylvania Chiefs of Police Association has not taken a position on the bill or on the attempt to privatize the state liquor stores. The Pennsylvania State Troopers Association has also not taken a position on the legislation.

Another part of the bill would allow restaurants to sell up to three unopened bottles of wine to customers as take-out. Under current law, restaurants are allowed to re-cork unfinished bottles of wine purchased as part of a meal, but unopened bottles of wine can only be purchased at the state-controlled liquor stores.

Mr. Taylor said some restaurants have varieties of wine which are not available at the state liquor stores.

The current law also contradicts the state's stance on beer sales. Restaurants and bars are allowed to sell unopened six-packs of beer as carry-out purchases, but taking an opened bottle of beer outside the licensed establishment is a violation.

Despite the unanimous passage of the bill Feb. 9, lawmakers said they anticipate opposition to this and other efforts to modernize the liquor code. Historically, law enforcement groups have strongly opposed attempts to change the laws.

Mr. Taylor said the committee will also look at legislation to change some of the state's laws regarding beer sales in the wake of police raids on three Philadelphia bars last year.

The bars--which specialized in foreign beers and craft brews--were raided in March and more than 300 bottles of beer and two kegs were confiscated. A subsequent investigation revealed police conducting the raids mistakenly confiscated legal beers because they misunderstood some of the labels and the state's list of legal beers contained misspellings and other errors.

Eric Boehm is a reporter for PA Independent. He can be reached at Eric@PAIndependent.com or at (717) 350-0963.

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