PRINTER'S NO. 3085
No. 2365 Session of 1982
INTRODUCED BY MARMION, VROON, SIEMINSKI, HORGOS, SAURMAN,
WESTON, WOGAN, CESSAR, GAMBLE, MRKONIC, PETRONE AND McVERRY,
MARCH 24, 1982
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 24, 1982
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 providing for cases involving persons under the age of
18 twenty-one years and providing for certain municipal
19 regulations.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of April 12, 1951 (P.L.90, No.21), known
23 as the "Liquor Code," is amended by adding a section to read:
24 Section 498. Minors.--The provisions of 18 Pa.C.S. §§ 6307
25 through 6310 (relating to minors) shall apply in all cases
26 involving persons under the age of twenty-one years.
1 Section 2. The act is amended by adding an article to read:
2 ARTICLE VIII-A
3 MUNICIPAL REGULATIONS
4 Section 801-A. Legislative Intent.--The General Assembly of
5 the Commonwealth of Pennsylvania hereby finds that many places
6 of business permit patrons to bring their own liquor onto the
7 business premises and consume the liquor. These places of
8 business are not licensed or regulated by the Pennsylvania
9 Liquor Control Board. To place these establishments under the
10 supervision of the Pennsylvania Liquor Control Board would
11 increase an already overburdened agency's workload. The General
12 Assembly believes it would be in the best interest of the people
13 of this Commonwealth for the supervision of these so-called
14 "bottle clubs" to be under local municipal control.
15 Section 802-A. Definitions.--The following words or phrases
16 when used in this article, unless the context clearly indicates
17 otherwise, shall have the meanings ascribed to them in this
18 section:
19 "Bottle club" shall mean a place of assembly owned,
20 maintained or leased by a person for profit in which no liquors
21 are sold, where patrons are permitted to bring liquor upon the
22 premises for their own use and consumption and in which a charge
23 is assessed per person for admission.
24 "Liquor" shall mean any alcoholic, spirituous, vinous,
25 fermented or other alcoholic beverage, or combination of liquors
26 and mixed liquor a part of which is spirituous, vinous,
27 fermented or otherwise alcoholic, including all drinks or
28 drinkable liquids, preparations or mixtures, and reused,
29 recovered or redistilled denatured alcohol usable or taxable for
30 beverage purposes which contain more than one-half of one
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1 percent of alcohol by volume, except pure ethyl alcohol and malt
2 or brewed beverages.
3 "Municipality" shall mean any city, town, township, borough
4 and any home rule municipality. The term "municipality" shall
5 not include counties, home rule or otherwise.
6 "Person" shall mean any individual, corporation, partnership,
7 association, company or any other entity, excluding any
8 political subdivision.
9 Section 803-A. Areas of Regulation.--(a) Any municipality
10 may adopt an ordinance pertaining to the regulation of bottle
11 clubs.
12 (b) If a municipality does enact an ordinance regulating
13 bottle clubs it may only regulate the operation of bottle clubs
14 in the following areas:
15 (1) hours of operation;
16 (2) quantities of liquor which may be brought onto the
17 premises;
18 (3) the amount of liquor which may be consumed by each
19 person or patron; and
20 (4) requirement that food be served and available for
21 purchase.
22 Section 804-A. Fees.--If a municipality adopts an ordinance
23 regulating bottle clubs it may include a licensing requirement
24 for which it may charge a fee which shall be reasonably related
25 to the cost of regulation.
26 Section 3. This act shall take effect in 60 days.
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