THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY P. COSTA, BRENNAN, CALTAGIRONE, D. COSTA, DEASY, FABRIZIO, JOSEPHS, W. KELLER, KULA, MAHONEY, MANN, MATZIE, MILLARD, MUSTIO, PYLE, SAINATO, K. SMITH, SONNEY, VULAKOVICH, WAGNER AND DONATUCCI, MAY 2, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 2, 2011  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "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,"

further providing for the definition of "public venue" and

for public venue licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "public venue" in section 102

of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)

and amended June 25, 2010, (P.L.217, No.35), is amended to read:

Section 102.  Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Public venue" shall mean a stadium, arena, convention

center, museum, zoo, amphitheater or similar structure. If the

public venue is a cruise terminal owned or leased by a port

authority created under the act of June 12, 1931 (P.L.575,

No.200), entitled "An act providing for joint action by

Pennsylvania and New Jersey in the development of the ports on

the lower Delaware River, and the improvement of the facilities

for transportation across the river; authorizing the Governor,

for these purposes, to enter into an agreement with New Jersey;

creating The Delaware River Joint Commission and specifying the

powers and duties thereof, including the power to finance

projects by the issuance of revenue bonds; transferring to the

new commission all the powers of the Delaware River Bridge Joint

Commission; and making an appropriation," it shall have no

permanent seating requirement. If the public venue is an open-

air amphitheater owned by a port authority created under the act

of December 6, 1972 (P.L.1392, No.298), known as the "Third

Class City Port Authority Act," it shall have no permanent

seating requirement. If the public venue is owned by a political

subdivision, a municipal authority, the Commonwealth, an

authority created under the act of July 29, 1953 (P.L.1034,

No.270), known as the "Public Auditorium Authorities Law," an

authority created under Article XXV-A of the act of July 28,

1953 (P.L.723, No.230), known as the "Second Class County Code,"

an art museum established under the authority of the act of

April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer

on certain associations of the citizens of this commonwealth the

powers and immunities of corporations, or bodies politic in

law," or an authority created under Article XXIII (n) or (o) of

the act of August 9, 1955 (P.L.323, No.130), known as "The

County Code," it shall have permanent seating for at least one

thousand (1,000) people; otherwise, it shall have permanent

seating for at least two thousand (2,000) people. The term shall

also mean any regional history center, multipurpose cultural and

science facility, museum or convention or trade show center,

regardless of owner and seating capacity, that has a floor area

of at least sixty thousand (60,000) square feet in one building.

The term shall also mean a convention or conference center owned

by a city of the third class or a university which is a member

of the Pennsylvania State System of Higher Education which is

operated by a university foundation or alumni association,

regardless of seating capacity, that has a floor area of at

least fifteen thousand (15,000) square feet in one building. The

term shall also mean a visitor center, regardless of floor area

or seating capacity, that was established under the authority of

the Gateway Visitor Center Authorization Act of 1999 (Public Law

106-131, 113 Stat. 1678, 16 U.S.C. § 407m)). If the public venue

is a zoo, is an accredited member of the Association of Zoos and

Aquariums, occupies at least thirty (30) acres, has been in

existence at least one hundred (100) years and is located in a

city of the first or second class, then it shall have no square

footage or permanent seating requirements.

* * *

Section 2.  Section 412(b) and (f)(1) of the act, amended

February 21, 2002 (P.L.103, No.10), are amended to read:

Section 412.  Public Venue License.--* * *

(b)  An application for a restaurant liquor license under

this section may be made by the owner of the public venue, the

operator of the public venue or by a concessionaire designated

by the governing body of either the owner of the public venue or

the operator. The application and issuance of the license is

subject to sections 403 and 404 unless otherwise stated, except

that private banquets and other events at zoos may be held at

any site within the zoo property. The licensing period shall be

as set forth by the board under section 402. The application,

renewal and filing fees shall be as prescribed in section 614-

A(25) of the act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929."

* * *

(f)  Licenses issued under this section are to be considered

restaurant liquor licenses. However, the following additional

restrictions and privileges apply:

(1)  Sales may only be made one hour before, during and one

hour after any athletic performance, performing arts event,

trade show, convention, banquet or any other performance at the

facility; however, sales may not be made from two o'clock

antemeridian to seven o'clock antemeridian. In addition, sales

may not occur prior to eleven o'clock antemeridian on Sundays or

seven o'clock antemeridian on Mondays. Notwithstanding this

section, facilities that had been licensed under former sections

408.9 and 408.14 and zoos may sell liquor and/or malt or brewed

beverages anytime except from two o'clock antemeridian to seven

o'clock antemeridian or prior to eleven o'clock antemeridian on

Sundays or seven o'clock antemeridian on Mondays, regardless of

whether there is a performance at the facility.

* * *

Section 3.  This act shall take effect in 60 days.