PRIOR PRINTER'S NO. 3859 PRINTER'S NO. 4695
No. 2607 Session of 2004
INTRODUCED BY REICHLEY, BUNT, CAWLEY, DALLY, DeWEESE, FABRIZIO,
GOOD, HARRIS, KOTIK, RUBLEY, SOLOBAY, YOUNGBLOOD, LEWIS AND
PAYNE, MAY 12, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 10, 2004
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 further defining "public venue." VENUE"; AND FURTHER <--
18 PROVIDING FOR UNLAWFUL ACTS RELATIVE TO MALT OR BREWED
19 BEVERAGES AND LICENSEES AND FOR LIMITED WINERIES.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "public venue" in section 102
23 of the act of April 12, 1951 (P.L.90, No.21), known as the
24 Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
25 and amended July 17, 2003 (P.L.63, No.15), is amended to read:
1 Section 102. Definitions.--The following words or phrases,
2 unless the context clearly indicates otherwise, shall have the
3 meanings ascribed to them in this section:
4 * * *
5 "Public venue" shall mean a stadium, arena, convention center
6 with permanent seating, museum, amphitheater or similar
7 structure. If the public venue is a cruise terminal owned or
8 leased by a port authority created under the act of June 12,
9 1931 (P.L.575, No.200), entitled "An act providing for joint
10 action by Pennsylvania and New Jersey in the development of the
11 ports on the lower Delaware River, and the improvement of the
12 facilities for transportation across the river; authorizing the
13 Governor, for these purposes, to enter into an agreement with
14 New Jersey; creating The Delaware River Joint Commission and
15 specifying the powers and duties thereof, including the power to
16 finance projects by the issuance of revenue bonds; transferring
17 to the new commission all the powers of the Delaware River
18 Bridge Joint Commission; and making an appropriation," it shall
19 have no permanent seating requirement. If the public venue is an
20 open-air amphitheater owned by a port authority created under
21 the act of December 6, 1972 (P.L.1392, No.298), known as the
22 "Third Class City Port Authority Act," it shall have no
23 permanent seating requirement. If the public venue is owned by a
24 political subdivision, a municipal authority, the Commonwealth,
25 an authority created under the act of July 29, 1953 (P.L.1034,
26 No.270), known as the "Public Auditorium Authorities Law," an
27 authority created under Article XXV-A of the act of July 28,
28 1953 (P.L.723, No.230), known as the "Second Class County Code,"
29 an art museum established under the authority of the act of
30 April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer
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1 on certain associations of the citizens of this commonwealth the
2 powers and immunities of corporations, or bodies politic in
3 law," or an authority created under Article XXIII (n) or (o) of
4 the act of August 9, 1955 (P.L.323, No.130), known as "The
5 County Code," it shall have permanent seating for at least one
6 thousand (1,000) people; otherwise, it shall have permanent
7 seating for at least three thousand (3,000) people. The term
8 shall also mean any regional history center, multipurpose
9 cultural and science facility [or], museum or convention or
10 trade show center without permanent seating, regardless of owner
11 and seating capacity, that has a floor area of at least sixty
12 thousand (60,000) square feet in one building. The term shall
13 also mean a convention or conference center owned by a city of
14 the third class, regardless of seating capacity, that has a
15 floor area of at least fifteen thousand (15,000) square feet in
16 one building.
17 * * *
18 Section 2. This act shall take effect immediately. <--
19 SECTION 2. SECTION 492(4) OF THE ACT, AMENDED DECEMBER 20, <--
20 1996 (P.L.1513, NO.196), IS AMENDED TO READ:
21 SECTION 492. UNLAWFUL ACTS RELATIVE TO MALT OR BREWED
22 BEVERAGES AND LICENSEES.--
23 IT SHALL BE UNLAWFUL--
24 * * *
25 (4) ACTIVITIES OF MANUFACTURERS, IMPORTING DISTRIBUTORS OR
26 DISTRIBUTORS ON SUNDAY. FOR ANY MANUFACTURER OF MALT OR BREWED
27 BEVERAGES, IMPORTING DISTRIBUTOR OR DISTRIBUTOR, OR THE
28 SERVANTS, AGENTS OR EMPLOYES OF THE SAME, TO SELL MALT OR BREWED
29 BEVERAGES BETWEEN THE HOURS OF TWELVE O'CLOCK MIDNIGHT OF ANY
30 SATURDAY AND TWO O'CLOCK IN THE FORENOON OF THE FOLLOWING
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1 MONDAY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
2 DELIVERY OR RECEIVING OF MALT OR BREWED BEVERAGES SHALL BE
3 PERMISSIBLE ON SUNDAY AFTER PRIOR ARRANGEMENT AS FOLLOWS:
4 (I) A MANUFACTURER MAY DELIVER TO ANY IMPORTING DISTRIBUTOR
5 OR DISTRIBUTOR TO WHICH THE MANUFACTURER HAS GRANTED WHOLESALE
6 DISTRIBUTION RIGHTS FOR THE MANUFACTURER'S PRODUCT.
7 (II) AN IMPORTING DISTRIBUTOR OR DISTRIBUTOR MAY DELIVER TO
8 ANY ORGANIZATION TO WHICH A SPECIAL OCCASION PERMIT HAS BEEN
9 ISSUED BETWEEN THE HOURS OF NINE O'CLOCK ANTEMERIDIAN AND FIVE
10 O'CLOCK POSTMERIDIAN.
11 (III) AN IMPORTING DISTRIBUTOR OR DISTRIBUTOR MAY DELIVER TO
12 ANYONE NOT LICENSED UNDER THIS ACT BETWEEN THE HOURS OF NINE
13 O'CLOCK ANTEMERIDIAN AND FIVE O'CLOCK POSTMERIDIAN.
14 THE TERM "PRIOR ARRANGEMENT" SHALL MEAN THAT MALT OR BREWED
15 BEVERAGES HAVING A TOTAL SALE PRICE, EXCLUDING ANY DEPOSITS OR
16 CREDITS, EXCEEDING TWO HUNDRED FIFTY DOLLARS ($250) HAVE BEEN
17 ORDERED, INVOICED AND PAID FOR IN FULL AT THE SELLER'S LICENSED
18 PREMISES BEFORE THE SUNDAY OF DELIVERY.
19 WHENEVER NEW YEAR'S DAY OR SAINT PATRICK'S DAY FALLS ON A
20 SUNDAY, AND THE SUNDAY ON WHICH THE SUPER BOWL IS PLAYED, EVERY
21 IMPORTING DISTRIBUTOR AND DISTRIBUTOR LICENSEE MAY SELL MALT OR
22 BREWED BEVERAGES ON SUCH DAY BETWEEN THE HOURS OF TWELVE O'CLOCK
23 NOON AND FIVE O'CLOCK POSTMERIDIAN.
24 * * *
25 SECTION 3. SECTION 505.2 OF THE ACT IS AMENDED BY ADDING A
26 CLAUSE TO READ:
27 SECTION 505.2. LIMITED WINERIES.--IN THE INTEREST OF
28 PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA,
29 HOLDERS OF A LIMITED WINERY LICENSE MAY:
30 * * *
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1 (6.1) OPERATE A RESTAURANT ON THE LICENSED PREMISES AND SELL
2 BY THE GLASS ONLY WINE THAT MAY OTHERWISE BE SOLD BY THE BOTTLE.
3 * * *
4 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
5 (1) THE AMENDMENT OF SECTION 102 OF THE ACT SHALL TAKE
6 EFFECT IMMEDIATELY.
7 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
8 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
9 DAYS.
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