PRINTER'S NO. 2432
No. 1970 Session of 1991
INTRODUCED BY LEE, BATTISTO, TRELLO, COY, NICKOL, CARLSON,
M. N. WRIGHT, NAILOR, RUDY, HERSHEY, BARLEY, FARGO,
ARMSTRONG, LANGTRY, GRUPPO, HAGARTY, JOHNSON, BUSH, OLASZ,
STRITTMATTER, HASAY, CLYMER, HECKLER, LAWLESS, McHALE,
LAUGHLIN, NOYE, E. Z. TAYLOR, FREEMAN, SAURMAN, BELFANTI,
ANGSTADT, MELIO AND ARGALL, AUGUST 3, 1991
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, AUGUST 3, 1991
AN ACT
1 Amending the act of May 23, 1945 (P.L.926, No.369), entitled, as
2 amended, "An act for the protection of the public health by
3 regulating the conduct and operation of public eating and
4 drinking places within this Commonwealth; requiring their
5 licensing; imposing certain duties on the Department of
6 Environmental Resources of this Commonwealth and on the local
7 health authorities; and providing penalties," providing for
8 certain definitions relating to bed and breakfast homestead
9 or inn.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1 of the act of May 23, 1945 (P.L.926,
13 No.369), referred to as the Public Eating and Drinking Place
14 Law, amended December 22, 1989 (P.L.787, No.111), is amended to
15 read:
16 Section 1. Definitions.--"Department" shall mean the
17 Department of Environmental Resources of the Commonwealth.
18 The words "public eating or drinking place" shall mean any
19 place within this Commonwealth where food or drink is served to
1 or provided for the public, with or without charge: Provided,
2 however, That nothing herein contained shall apply to dining
3 cars operated by a railroad company in interstate commerce or a
4 bed and breakfast homestead or inn.
5 The word "proprietor" shall mean any person, partnership,
6 association or corporation, conducting or operating within this
7 Commonwealth, a public eating or drinking place.
8 The word "employe" shall include any cook, waiter, kitchen
9 help, chambermaid, house servant or other employe of any kind in
10 a public eating or drinking place, who in any manner whatever,
11 handles or comes in contact with any food or drink served to or
12 provided for the public, and the proprietor or any member of the
13 proprietor's family who handles said food or drink.
14 "License" shall mean a grant to a licensee to conduct a
15 restaurant, as defined in this act.
16 "Licensor" shall mean the county department of health or
17 joint-county department of health, whenever such public eating
18 or drinking place is located in a political subdivision which is
19 under the jurisdiction of a county department of health or
20 joint-county department of health, or the health authorities of
21 cities, boroughs, incorporated towns and first-class townships,
22 whenever such public eating or drinking place is located in a
23 city, borough, incorporated town or first-class township not
24 under the jurisdiction of a county department of health or
25 joint-county department of health, or the health authorities of
26 second class townships and second class townships which have
27 adopted a home rule charter which elect to issue licenses under
28 the provisions of this act whenever such public eating and
29 drinking place is located in such a second class township or
30 second class township which has adopted a home rule charter not
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1 under the jurisdiction of a county department of health or
2 joint-county department of health, or the Department of
3 Environmental Resources, whenever such public eating or drinking
4 place is located in any other area of the Commonwealth.
5 The words "bed and breakfast homestead or inn" shall mean a
6 private residence which contains ten or fewer bedrooms used for
7 providing overnight accommodations to the public and in which
8 breakfast is the only meal served and is included in the charge
9 for the room.
10 Section 2. This act shall take effect in 60 days.
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