SENATE AMENDED
PRIOR PRINTER'S NOS. 1299, 3419 PRINTER'S NO. 3467
No. 1139 Session of 1989
INTRODUCED BY MILLER, APRIL 11, 1989
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, APRIL 30, 1990
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 providing for the issuance of licenses for sales at
18 performing arts facilities in third class cities; AND <--
19 PROVIDING FOR THE ISSUANCE OF LICENSES FOR SALES AT
20 NONPRIMARY PARI-MUTUEL WAGERING LOCATIONS AND RACETRACKS.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section SECTIONS 408.3(A.1) AND (B.1) AND <--
24 408.6(a) of the act of April 12, 1951 (P.L.90, No.21), known as
25 the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
26 No.14), is ARE amended to read: <--
1 SECTION 1. SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, <--
2 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
3 1987 (P.L.32, NO.14), IS AMENDED BY ADDING DEFINITIONS TO READ:
4 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
5 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
6 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
7 * * *
8 "NONPRIMARY PARI-MUTUEL WAGERING LOCATION" SHALL MEAN A
9 NONPRIMARY LOCATION FOR PARI-MUTUEL WAGERING AS DESIGNATED BY
10 THE STATE HORSE RACING COMMISSION OR STATE HARNESS RACING
11 COMMISSION PURSUANT TO THE ACT OF DECEMBER 17, 1981 (P.L.435,
12 NO.135), KNOWN AS THE "RACE HORSE INDUSTRY REFORM ACT."
13 * * *
14 "RACETRACK" SHALL MEAN A PRIMARY LOCATION FOR PARI-MUTUEL
15 WAGERING AS DESIGNATED BY THE STATE HORSE RACING COMMISSION OR
16 STATE HARNESS RACING COMMISSION PURSUANT TO THE ACT OF DECEMBER
17 17, 1981 (P.L.435, NO.135), KNOWN AS THE "RACE HORSE INDUSTRY
18 REFORM ACT."
19 * * *
20 SECTION 2. SECTION 405 OF THE ACT IS AMENDED BY ADDING A
21 SUBSECTION TO READ:
22 SECTION 405. LICENSE FEES.--* * *
23 (E) EVERY APPLICATION FOR A RESTAURANT LIQUOR LICENSE FOR A
24 NONPRIMARY PARI-MUTUEL WAGERING LOCATION OR A RACETRACK SHALL BE
25 ACCOMPANIED BY AN APPLICANT'S FEE OF FIVE THOUSAND DOLLARS
26 ($5,000) AND A BOND IN THE PENAL SUM OF TWO THOUSAND DOLLARS
27 ($2,000). THEREAFTER, THE NONPRIMARY PARI-MUTUEL WAGERING
28 LOCATION OR THE RACETRACK SHALL BE SUBJECT TO THE ABOVE STATED
29 FEES FOR RESTAURANT LICENSES AND THE FILING OF A YEARLY BOND IN
30 THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000). SUCH LICENSE CAN BE
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1 ISSUED AT ANY TIME; THEREAFTER THE LICENSE SHALL BE RENEWED FOR
2 THE SAME TIME PERIOD AS PROVIDED FOR RESTAURANT LICENSES
3 PURSUANT TO SECTION 402 OF THIS ACT.
4 SECTION 3. SECTION 408.3(A.1) AND (B.1) OF THE ACT ARE
5 AMENDED TO READ:
6 SECTION 408.3. PERFORMING ARTS FACILITIES.--* * * <--
7 (A.1) THE BOARD IS AUTHORIZED TO ISSUE LICENSES TO OPERATORS
8 OF THEATERS FOR THE PERFORMING ARTS, OTHER THAN A THEATER
9 QUALIFYING UNDER SUBSECTION (A), WHICH ARE PERMANENTLY LOCATED
10 AT A SINGLE SITE AND WHICH HAVE SEATING ACCOMMODATIONS, AFFIXED
11 TO THE THEATER STRUCTURE, FOR AT LEAST [TWENTY-EIGHT HUNDRED]
12 ONE THOUSAND PERSONS EXCEPT WHERE PROHIBITED BY LOCAL OPTION FOR
13 THE RETAIL SALE OF LIQUOR AND MALT OR BREWED BEVERAGES BY THE
14 GLASS, OPEN BOTTLE, OR OTHER CONTAINER OR IN ANY MIXTURE FOR
15 CONSUMPTION IN ANY SUCH THEATER FOR THE PERFORMING ARTS.
16 * * *
17 (B.1) A PERFORMING ARTS FACILITY REFERRED TO IN SUBSECTION
18 (A.1) [OR] MUST BE IN OPERATION FOR A PERIOD OF ONE (1) YEAR AND
19 A PERFORMING ARTS FACILITY REFERRED TO IN SUBSECTION (A.2) MUST
20 BE IN OPERATION FOR A PERIOD OF TWO (2) YEARS BEFORE IT MAY FILE
21 AN APPLICATION FOR A LICENSE. THE APPLICATION FOR A PERFORMING
22 ARTS FACILITY LICENSE MAY BE FILED AT ANY TIME THEREAFTER BY THE
23 OPERATOR OR A CONCESSIONAIRE SELECTED BY THE OPERATOR OF SUCH
24 THEATER FOR THE PERFORMING ARTS AND SHALL CONFORM WITH ALL
25 REQUIREMENTS FOR RESTAURANT LIQUOR LICENSES AND APPLICATIONS
26 EXCEPT AS MAY BE OTHERWISE PROVIDED HEREIN. APPLICANTS SHALL
27 SUBMIT SUCH OTHER INFORMATION AS THE BOARD MAY REQUIRE.
28 APPLICATIONS SHALL BE IN WRITING ON FORMS PRESCRIBED BY THE
29 BOARD AND SHALL BE SIGNED AND SUBMITTED TO THE BOARD BY THE
30 APPLICANT. THE FILING FEE SHALL ACCOMPANY THE LICENSE
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1 APPLICATION.
2 * * *
3 SECTION 4. SECTION 408.6 HEADING, (A), (B) AND (J) OF THE <--
4 ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 Section 408.6. Performing Arts Facilities in Third Class
7 Cities AND TOWNSHIPS OF THE SECOND CLASS LOCATED IN FOURTH CLASS <--
8 COUNTIES.--(a) The board is authorized to issue a restaurant
9 liquor license to a nonprofit corporation or to a concessionaire
10 selected by such nonprofit corporation in any city of the third
11 class for the retail sale of liquor and malt or brewed beverages
12 by the glass, open bottles or other container or in any mixture
13 for consumption on any city-owned premises utilized as a
14 nonprofit performing arts facility or any other premises
15 utilized as a nonprofit performing arts facility where there is
16 an available seating capacity within the premises of [one
17 thousand] six hundred fifty or more: Provided, however, That no
18 sale or consumption of such beverages shall take place on any
19 portions of such premises other than service areas approved by
20 the board.
21 * * * <--
22 (A.1) THE BOARD IS AUTHORIZED TO ISSUE LICENSES TO OPERATORS <--
23 OF THEATERS FOR THE PERFORMING ARTS IN TOWNSHIPS OF THE SECOND
24 CLASS LOCATED IN FOURTH CLASS COUNTIES WHICH ARE PERMANENTLY
25 LOCATED AT A SINGLE SITE AND WHICH HAVE SEATING ACCOMMODATIONS
26 AFFIXED TO THE THEATER STRUCTURE FOR AT LEAST SEVEN THOUSAND
27 PERSONS, EXCEPT WHERE PROHIBITED BY LOCAL OPTION FOR THE RETAIL
28 SALE OF LIQUOR AND MALT OR BREWED BEVERAGES BY THE GLASS, OPEN
29 BOTTLE OR OTHER CONTAINER OR IN ANY MIXTURE FOR CONSUMPTION IN
30 ANY SUCH THEATER FOR THE PERFORMING ARTS.
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1 [(B) AN APPLICATION FOR THE ISSUANCE MAY BE FILED AT ANY
2 TIME BY A NONPROFIT CORPORATION OPERATING SUCH A THEATER FOR THE
3 PERFORMING ARTS OR BY A CONCESSIONAIRE SELECTED BY SUCH
4 NONPROFIT CORPORATION. ANY SUCH LICENSE GRANTED UNDER THESE
5 PROVISIONS NEED NOT CONFORM TO THE REQUIREMENTS OF THE ACT
6 RELATING TO RESTAURANT LIQUOR LICENSES, EXCEPT AS PROVIDED
7 HEREIN. APPLICANT SHALL SUBMIT SUCH OTHER INFORMATION AS THE
8 BOARD MAY REQUIRE. APPLICATIONS SHALL BE IN WRITING ON FORMS
9 PRESCRIBED BY THE BOARD AND SHALL BE SIGNED AND SUBMITTED TO THE
10 BOARD BY THE APPLICANT. THE FILING FEE WHICH SHALL ACCOMPANY THE
11 LICENSE APPLICATION SHALL BE THIRTY DOLLARS ($30).]
12 (B) AN APPLICATION FOR THE ISSUANCE MAY BE FILED AT ANY
13 TIME. ANY SUCH LICENSE GRANTED UNDER THESE PROVISIONS NEED NOT
14 CONFORM TO THE REQUIREMENTS OF THE ACT RELATING TO RESTAURANT
15 LIQUOR LICENSES, EXCEPT AS PROVIDED HEREIN. APPLICANT SHALL
16 SUBMIT SUCH OTHER INFORMATION AS THE BOARD MAY REQUIRE.
17 APPLICATIONS SHALL BE IN WRITING ON FORMS PRESCRIBED BY THE
18 BOARD AND SHALL BE SIGNED AND SUBMITTED TO THE BOARD BY THE
19 APPLICANT. THE FILING FEE WHICH SHALL ACCOMPANY THE LICENSE
20 APPLICATION SHALL BE THIRTY DOLLARS ($30).
21 * * *
22 [(J) PERFORMING ARTS LICENSES SHALL NOT BE SUBJECT TO THE
23 PROVISIONS OF SECTION 404 EXCEPT INSOFAR AS THEY RELATE TO THE
24 REPUTATION OF THE APPLICANT NOR TO THE PROVISIONS OF SECTIONS
25 461 AND 463, NOR TO THE PROVISIONS OF CLAUSE (10) OF SECTION
26 493.]
27 (J) PERFORMING ARTS LICENSES UNDER SUBSECTIONS (A) AND (A.1)
28 SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION 404 EXCEPT
29 INSOFAR AS THEY RELATE TO THE REPUTATION OF THE APPLICANT NOR TO
30 THE PROVISIONS OF SECTIONS 461 AND 463, NOR TO THE PROVISIONS OF
19890H1139B3467 - 5 -
1 CLAUSE (10) OF SECTION 493.
2 SECTION 5. SECTION 463(A) OF THE ACT IS AMENDED TO READ:
3 SECTION 463. PLACES OF AMUSEMENT NOT TO BE LICENSED;
4 PENALTY.--(A) NO LICENSE FOR THE SALE OF LIQUOR OR MALT OR
5 BREWED BEVERAGES IN ANY QUANTITY SHALL BE GRANTED TO THE
6 PROPRIETORS, LESSEES, KEEPERS OR MANAGERS OF ANY THEATER,
7 CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, NOR SHALL ANY HOUSE
8 BE LICENSED FOR THE SALE OF LIQUOR OR MALT OR BREWED BEVERAGES
9 WHICH HAS PASSAGE OR COMMUNICATION TO OR WITH ANY THEATER,
10 CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, AND ANY LICENSE
11 GRANTED CONTRARY TO THIS ACT SHALL BE NULL AND VOID. NOTHING
12 CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS DENYING TO THE
13 BOARD THE RIGHT TO GRANT A RESTAURANT LIQUOR LICENSE REGARDLESS
14 OF QUOTA RESTRICTIONS TO THE OWNER OR OPERATOR OF:
15 (1) A RACETRACK AS DEFINED IN SECTION 102 OF THIS ACT;
16 (2) A NONPRIMARY PARI-MUTUEL WAGERING LOCATION AS DEFINED IN
17 SECTION 102 OF THIS ACT; OR
18 (3) A RESTAURANT IN A BUILDING ON A PLOT OF GROUND OWNED OR
19 POSSESSED UNDER LEASE BY A CORPORATION INCORPORATED UNDER THE
20 LAWS OF THIS COMMONWEALTH AND USED PRINCIPALLY BY SUCH
21 CORPORATION FOR HOLDING OUTDOOR SPORT EVENTS WHEREIN SUCH EVENTS
22 ARE HELD UNDER A LICENSE ISSUED AS PROVIDED BY LAW TO SUCH
23 CORPORATION BY A DEPARTMENT, BOARD OR COMMISSION OF THE
24 COMMONWEALTH OF PENNSYLVANIA.
25 THE RESTAURANT LIQUOR LICENSE AFOREMENTIONED SHALL BE SUBJECT TO
26 ALL THE CONDITIONS AND RESTRICTIONS HEREIN APPLICABLE TO
27 RESTAURANT LIQUOR LICENSES, EXCEPT THE ABOVE PROHIBITION AGAINST
28 ANY PASSAGEWAY OR COMMUNICATION BETWEEN SUCH LICENSED PREMISES
29 AND THE PLACE OF AMUSEMENT, AND EXCEPT THAT NOTHING CONTAINED IN
30 THIS ACT SHALL BE CONSTRUED TO PROHIBIT THE LICENSED NONPRIMARY
19890H1139B3467 - 6 -
1 PARI-MUTUEL WAGERING LOCATION OR THE RACETRACK FROM PROVIDING
2 WAGERING WITHIN THE ENTIRE LICENSED PREMISES OF THE NONPRIMARY
3 PARI-MUTUEL WAGERING LOCATION OR THE RACETRACK, AND A RESTAURANT
4 LIQUOR LICENSE ISSUED FOR A NONPRIMARY PARI-MUTUEL WAGERING
5 LOCATION OR A RESTAURANT LIQUOR LICENSE ISSUED FOR A RACETRACK
6 ISSUED SUBSEQUENT TO THE ENACTMENT OF THIS AMENDMENT SHALL NOT
7 BE TRANSFERABLE.
8 NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED AS DENYING
9 TO THE BOARD THE RIGHT TO GRANT A NEW RESTAURANT LIQUOR LICENSE,
10 REGARDLESS OF QUOTA RESTRICTIONS, AT ANY TIME, TO THE OWNER OR
11 OPERATOR OF A RESTAURANT IN A BUILDING OR PLOT OF GROUND HAVING
12 A SEATING CAPACITY IN EXCESS OF TWENTY-FIVE THOUSAND, USED
13 PRINCIPALLY FOR HOLDING AUTOMOBILE RACES.
14 * * *
15 Section 2 6. This act shall take effect immediately. <--
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