Bill moves out of Pennsylvania House Liquor Control Committee

The following is a quote from Chuck Moran, Executive Director of the Pennsylvania Licensed Beverage and Tavern Association (PaTaverns), regarding today’s Pennsylvania House Liquor Control Committee vote on HB 467. HB 467 addresses an issue within the hospitality industry related to off-premise catering permits and funeral luncheons and dinners. This bill is part of the Pennsylvania Licensed Beverage and Tavern Association’s 2025-26 legislative agenda to address outdated liquor codes that handcuff small business bars, taverns, and licensed restaurants.

Today, the Pennsylvania House Liquor Control Committee moved HB 467 with all committee members voting in favor. Sponsored by Rep. Dan Deasy, chair of the committee, this bill would make it easier for bars, taverns, and licensed restaurants with an off-premise catering permit (OPCP) to provide full services to help grieving families with funeral luncheons and dinners.

Current liquor code requires off-premise catering permit holders to provide both law enforcement and the Pennsylvania Liquor Control Board with advanced notice when using the permit at an off-site location. The PLCB requires 14 days’ notice, while local police and liquor control enforcement must be given 7 days’ notice.

Most of the time for events like weddings and awards banquets, this is reasonable. However, for funerals, it can be impossible.

In his co-sponsorship memo, Rep. Deasy wrote, “Unfortunately, many times these events occur in less time than 7 days and do not allow the opportunity for a business to provide its full service or it creates scheduling obstacles for families.”

HB 467 would change the liquor code by providing an exemption for end-of-life off-premise catered events by allowing a 24-hour notice to the PLCB and local police.

The Pennsylvania Licensed Beverage and Tavern Association’s Board of Directors met with Rep. Deasy last fall, raising awareness of the issue. During that meeting, Michelle Ritter, owner of Willow Street Pub in Coplay and the holder of an OPCP, described the issue to Rep. Deasy based upon her personal experiences in trying to help grieving families.

This proposed liquor code change makes sense. It will reduce stress grieving families face after watching a loved one pass. And, it opens the door for many small business bars, taverns, and licensed restaurants to provide more services within their communities.

The Pennsylvania Licensed Beverage and Tavern Association thanks Rep. Deasy for hearing our concerns and taking action. We also thank the members of the House Liquor Control Committee, including Rep Mindy Fee, Republican Chair, for their bipartisan support. Our Association encourages the full House of Representatives to quickly move this bill.

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The Pennsylvania Licensed Beverage and Tavern Association is the statewide political voice for small business taverns and licensed restaurants. Based in Harrisburg, the Association formed after Prohibition in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons. To learn more, visit www.pataverns.com or follow the Association on Twitter via @TavernPA.

Amanda Fagan

By Amanda Fagan, MSMI, CIC, CISR
Illinois Casualty Company
Loss Control West Team Leader

Imagine if every hour could be happy at your favorite bar and grill, not just 4:00 – 6:00, Monday through Thursday. It sounds like fun but could become dangerous.

Incorporating happy hour or daily drink specials to be enjoyed in a reasonable manner can draw in customers and encourage them to spend more at your establishment. While a happy hour with friends after work is intended to be a way to relax and loosen the tie, there are instances where happy hour drinks have led to over consumption, visible intoxication, and even death.

At Illinois Casualty Company, we consider the state laws and regulations to determine reasonable sales and service standards. As the Loss Control Team and Underwriters review accounts with onsite inspections and social media searches, we look for specials that are not deeply discounted, free, or excessive in nature.

While happy hours are generally limited to short periods of time, it is important to follow state liquor laws and serve responsibly. Deep discounts such as $1 shots, 2-for-1 cocktails, $1 beers, and progressive drink specials should be a thing of the past. Financially, these prices do not provide the best return on investment, and employees may feel pressured to serve more to make up the difference. These deep discounts can cause harm to the patrons and staff with excessive consumption.

A new trend that can be seen in restaurants is Happy/Appy Hours. This concept offers a slight discount on beverages, including mocktails, and on appetizers or small plates. Now more than ever, patrons are looking for great deals and a great time. Happy/Appy hours can be an enticing incentive to attract more business.

Providing the proper training for selling and serving alcohol is essential. Following procedures to monitor consumption and offering limited hours for discounts will ensure patrons can continue having a great time without endangering themselves or others.

Offering only a slight discount and including food specials and non-alcoholic beverages may be a better option to draw in business at different times of the day and may appeal to a broader audience.

If you have questions on whether a happy hour promotion would be considered excessive in nature, reach out to your ICC agent. If you aren’t with ICC, you can find an agent in your area at www.ilcasco.com. Alcohol server training and more are available through ICC’s partner in safety education, Katkin, at www.katkinco.com.

Editor’s Note: Illinois Casualty Company is the exclusive preferred vendor of the Pennsylvania Licensed Beverage and Tavern Association for liquor liability insurance. At ICC, qualifying PLBTA Members can save up to 10% on their businessowners and liquor liability insurance. To find out more about their insurance programs and to locate an agent in your area, visit https://www.ilcasco.com/insurance-programs.

The following is a statement from Chuck Moran, Executive Director of the Pennsylvania Licensed Beverage and Tavern Association (PaTaverns), regarding today’s announcement from the Pennsylvania Liquor Control Board concerning Darrell Clarke being named its new chair.

Today, Governor Josh Shapiro announced that Darrell Clarke has been named the new chair of the Pennsylvania Liquor Control Board (PLCB), replacing Tim Holden, who recently retired at the end of his term.

The Pennsylvania Licensed Beverage and Tavern Association (PaTaverns) congratulates Mr. Clarke on his new role at the PLCB, and also wishes Mr. Holden the very best.

PaTaverns has had a solid relationship with the PLCB through Mr. Holden’s leadership, and we look forward to the same type of relationship as Mr. Clarke takes over. Already, we’ve worked directly with Mr. Clarke through the Stop-and-Go Legislative Task Force during a hearing that he led. You can read my testimony in front of Mr. Clarke’s task force by clicking here.

Our Association advocates for best practices and rights within the industry as well as best experiences for patrons of our Member establishments. We know Mr. Clarke is a proven leader and a skilled statesman. We fully believe he will provide the right leadership to industry oversight, offering fairness and balance in decision making while helping to safely advance Pennsylvania’s licensed establishments.

PaTaverns looks forward to working with Mr. Clarke and his team at the PLCB.

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The Pennsylvania Licensed Beverage and Tavern Association is the statewide political voice for small business taverns and licensed restaurants. Based in Harrisburg, the Association formed after Prohibition in 1941, reorganized in 2019, and today advocates for best practices and rights within the industry as well as best experiences for patrons. To learn more, visit www.pataverns.com or follow the Association on Twitter via @TavernPA.

Chuck Moran, Executive Director

Provided by Chuck Moran, Executive Director
Pennsylvania Licensed Beverage and Tavern Association
On July 16, 2024
In front of the Stop-and-Go Legislative Task Force

Senator Williams. Members of the Stop-and-Go Legislative Task Force, thank you for inviting the Pennsylvania Licensed Beverage and Tavern Association to provide testimony on a concerning issue for the City of Philadelphia. That issue is what we all know as “Stop and Go’s.” We commend the chair and members for taking this problem seriously and working to do something to take state action to get these places under control, and closed where appropriate.

The PLBTA, often just called the Pennsylvania Tavern Association, represents Pennsylvania’s small business, family-owned taverns, bars, and licensed restaurants, and have Philadelphia members in neighborhoods from Eastwick to Somerton and in between. Part of our mission is education and training for members to help them run the most efficient, legal and safe establishments possible. We take that mission seriously.

Thankfully, we can’t say that we see Stop and Go types of businesses across the state. In fact, we only hear complaints in Philadelphia. And, in a nutshell, these are businesses, often a convenience store or deli, that somehow found a way to qualify for and purchase a liquor license.

As you know, having 300 square feet of “serving space,” food prep on site and seating and chairs for 30 people are the minimum requirements for an E license to sell beer and malt beverages. That by itself isn’t a problem. Across Pennsylvania there are convenience stores like Sheetz and Rutters that have liquor licenses, are not problematic, and run respectable businesses.

The establishments that we are talking about today often do not meet all of these requirements to hold either an E or an R liquor license – such as the seating – are sometimes associated with crime, and simply put are nuisances to the community. Furthermore, it’s not unusual to find health and safety issues within the business despite the requirement that they have current and valid health licenses.

Frankly, the negative things happening inside and outside these establishments act like a magnet to bring the wrong crowds.

All of that makes any honest licensee scratch their head and wonder why these businesses are allowed to operate … either with our without a liquor license.

The Pennsylvania Licensed Beverage and Tavern Association is concerned that these problematic businesses are giving all of us a black eye. And, we want them stopped.

But, as this committee knows, we are not the PLCB. We are not Liquor Control Enforcement. So, we can’t take their licenses away. That has to be done through others. And, in defense of the PLCB and LCE, they sometimes have their hands tied due to state laws and procedures that they must follow.

However, we can reaffirm our promise to you, Chairman, to work with you and help you lobby for changes in the liquor code that make sense, clean up Philadelphia, and don’t cause collateral damage to honest establishments across the state.

But let me add that this issue clearly goes beyond the liquor code. And changes to the liquor code by themselves won’t be the remedy to fix it. You can easily track this issue via Google back at least 8 years. During that time span, you can see the discussions and efforts taken to fix it.

We believe that resolving this issue will require looking at other aspects within the City neighborhoods that contribute to the problem. Community health, crime, and illegal drugs are some things to consider within the conversation. Likely, a true solution will also involve Philadelphia local policing as well as community health and treatment options may also be part of the solution.

Let’s face facts … today, the PLCB already has special arrangements with the City of Philadelphia for police patrols at the state’s liquor stores. The PLCB pays a lot of money for this arrangement with the local police. We all know that state stores only sell liquor to go. Yet, they appear worried about potential crime. Possibly those police patrols are key.

With all that said, as an Association, outside of lobbying for change, there is one other thing we can do immediately to help you. We don’t want these businesses as Members of our Association. We would invite you to provide a list of such establishments that we can use when we review member applications.

Again, we thank you for inviting the Tavern Association to be a part of the conversation on this important matter, and we renew our pledge to continue working with the Task Force, the General Assembly and the PLCB to get action directed to stopping the problems associated with these Stop-And-Go’s.

Howard Beck

By Howard Beck, CPCU, AU
Chief Underwriting Officer
Illinois Casualty Company

The liquor liability line of the insurance business has always been difficult.  Many carriers are reluctant to offer this product and even fewer are willing to make a commitment to it.  Since COVID, plaintiff’s attorneys have become increasingly creative and aggressive while juries cooperate with head scratching awards.  This combination of factors has caused a few traditional liquor liability carriers to withdraw from certain states or from offering liquor liability insurance completely.  The situation has reached a point in some states where bar owners are closing their doors because they can’t obtain insurance or afford the limited options that are available (e.g., South Carolina).

As the challenges increase across the country, license holders grow increasingly frustrated and feel that the situation is totally out of their control.  They actually have more control than they think if they are willing to view risk management differently.  With this mindset, they can control, and even lower, their liquor liability insurance premiums.

So, what does this mean for you, your employees, and your business? Here are some considerations on how to take control of your liquor liability insurance costs.

We work in an industry where people drink and often drive.  Sometimes those customers get into accidents, and innocent people get hurt.  When that happens, the insurance company takes over, investigates, applies the policy to the law, and strives for the most favorable financial outcome.

The best way to control the cost of liquor liability insurance is to do everything possible to prevent claims.

The next best way is to do everything possible to enable the insurance company to defend you.

How do you minimize the chance of a liquor liability claim?

• Make a true commitment to responsible serving!
• Train your staff repeatedly and consistently.
• Create a culture among your staff to recognize signs of intoxication and collectively cut off service effectively.

If there is a claim, how can you help the insurance company defend you?

• Invest in security cameras and long-term storage of recorded images.
  • Plaintiff’s attorneys will paint a very different picture of what happened.
  • Video doesn’t lie.
• Have documented procedures in place that detail your commitment to training your staff and not over-serving customers.
• Have a reputation for running a good business.

Recently, ICC settled a claim involving a patron who slipped on the stairs and faceplanted in the landscaping, suffering a broken nose and some broken fingers.  The establishment was sued for negligence. The patron claimed that the stairs were unsafe and demanded $150,000 as compensation for his injuries.

Fortunately, the business saved a video recording of the incident, which showed the patron fumbling in his pocket for his keys and failing to watch where he was walking.  Prior to trial, the case was settled for less than 10% of the demand.  Having recorded images of the incident made a huge difference in the negotiations, final settlement, as well as the claims history for the insured.

Plaintiff’s attorneys go after the easy money.  Businesses that don’t make these commitments are the desired target.  Avoid the claims, but if you have one, do everything possible for the insurance carrier to properly defend you and minimize the impact.

There are resources available to you through ICC or the Pennsylvania Licensed Beverage & Tavern Association.  We are here to help. Contact the Association or your agent for more information.

Editor’s Note: Illinois Casualty Company is the exclusive preferred vendor for liquor and business liability insurances. Qualifying Members can save up to 10% on their businessowners and liquor liability insurance. To find out more about these insurance programs and to locate an agent in your area, visit www.ilcasco.com/insurance-programs.