PRINTER'S NO. 678
No. 613 Session of 1997
INTRODUCED BY M. N. WRIGHT, GEIST, ALLEN, ITKIN, LAUGHLIN,
READSHAW, THOMAS, HALUSKA, SCRIMENTI, CAWLEY, CORRIGAN,
TRELLO, MELIO AND HENNESSEY, FEBRUARY 14, 1997
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 14, 1997
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 defining "catering hall"; providing for the issuance of
18 restaurant liquor licenses to catering halls; and further
19 providing for special occasion permits and for wine auction
20 permits.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 102 of the act of April 12, 1951 (P.L.90,
24 No.21), known as the Liquor Code, reenacted and amended June 29,
25 1987 (P.L.32, No.14), is amended by adding definitions to read:
26 Section 102. Definitions.--The following words or phrases,
1 unless the context clearly indicates otherwise, shall have the
2 meanings ascribed to them in this section:
3 * * *
4 "Catering hall" shall mean a reputable place operated by
5 responsible persons of good reputation and exclusively used to
6 serve food prepared on the premises for the accommodation of
7 groups who are using the facility by prior arrangement, made at
8 least twenty-four hours in advance of an event, and which is
9 paid for by such groups.
10 * * *
11 "Local arts agency" shall mean any tax-exempt nonprofit
12 organization which received funding for the most recently
13 concluded Commonwealth fiscal year under the Local Arts Services
14 Program administered by the Pennsylvania Council on the Arts.
15 * * *
16 Section 2. Section 401 of the act is amended by adding a
17 subsection to read:
18 Section 401. Authority to Issue Liquor Licenses to Hotels,
19 Restaurants and Clubs.--* * *
20 (c) Except as otherwise provided in this section, a catering
21 hall as defined in this article shall be treated as a restaurant
22 for all purposes of this act, except that a catering hall shall
23 not be required to be accessible to the general public and shall
24 not be authorized to sell any malt or brewed beverages for
25 consumption off the premises.
26 Section 3. Section 406(a) of the act is amended by adding a
27 paragraph to read:
28 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
29 * * *
30 (7) Notwithstanding any provision of this act, on the Sunday
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1 on which the sporting event commonly referred to as the Super
2 Bowl is conducted by the National Football League, every hotel
3 or restaurant liquor licensee, their servants, agents or
4 employes may sell liquor and malt or brewed beverages on any
5 such day after one o'clock postmeridian until two o'clock
6 antemeridian of the following day.
7 * * *
8 Section 4. Section 408.4 of the act, amended April 29, 1994
9 (P.L.212, No.30), October 5, 1994 (P.L.522, No.77) and December
10 20, 1996 (P.L. , No.199), is amended to read:
11 Section 408.4. Special Occasion Permits.--(a) Upon
12 application of any hospital, church, synagogue, volunteer fire
13 company, volunteer ambulance company, volunteer rescue squad,
14 nonprofit agricultural association in existence for at least ten
15 years, bona fide sportsmen's club in existence for at least ten
16 years, nationally chartered veterans' organization and any
17 affiliated lodge or subdivision of such organization, fraternal
18 benefit society that is licensed to do business in this
19 Commonwealth and any affiliated lodge or subdivision of such
20 fraternal benefit society, or the auxiliary of any of the
21 foregoing, and upon payment of the prescribed fee for special
22 occasion permits under section 614-A of the act of April 9, 1929
23 (P.L.177, No.175), known as "The Administrative Code of 1929,"
24 the board shall issue a special occasion permit good for a
25 period of not more than five consecutive or nonconsecutive days:
26 Provided, however, That the five nonconsecutive days shall be
27 used in a [three-month] twelve-month period measured from the
28 date of the first day. Special occasion permits may also be
29 issued to a museum operated by a nonprofit corporation in a city
30 of the third class or township of the first class or a nonprofit
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1 corporation engaged in the performing arts in a city of the
2 third class or in an incorporated town for a period of not more
3 than six nonconsecutive or ten consecutive days at the
4 prescribed fee for special occasion permits under section 614-A
5 of "The Administrative Code of 1929." Special occasion permits
6 may also be issued to a local arts agency at the fee prescribed
7 for special occasion permits under section 614-A of "The
8 Administrative Code of 1929," for a period of not more than five
9 consecutive days per year.
10 (b) In any city, borough, incorporated town or township in
11 which the sale of liquor and/or malt or brewed beverages has
12 been approved by the electorate, such special occasion permit
13 shall authorize the permittee to sell liquor and/or malt or
14 brewed beverages as the case may be to any adult person on any
15 day for which the permit is issued.
16 (c) Such special occasion permit shall only be valid for the
17 number of days stated in the permit. Only one permit may be
18 issued to any permittee during the year. Provided, that a museum
19 operated by a nonprofit corporation in a city of the third class
20 or township of the first class and a nonprofit corporation
21 engaged in the performing arts in a city of the third class may
22 be issued no more than six permits during the year, each permit
23 being valid for only one day, or in the alternative, one permit
24 valid for no more than a total of ten consecutive days per year,
25 which may be issued only during the month of August.
26 (d) Such permits shall only be issued for use at a special
27 event including, but not limited to bazaars, picnics and
28 clambakes. The special event must be one which is used by the
29 permittee as a means of raising funds for itself.
30 (d.1) The hours during which the holder of a special
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1 occasion permit may sell liquor or malt or brewed beverages
2 shall be limited to the hours set forth in section 406 which are
3 applicable to hotel and restaurant licensees. The hours during
4 which a nonprofit corporation engaged in the performing arts in
5 a city of the third class may sell liquor or malt or brewed
6 beverages pursuant to a special occasion permit shall be limited
7 to those hours set forth in section 408.3(g.1).
8 (d.2) At least forty-eight hours prior to the sale of any
9 liquor or malt or brewed beverages, the holder of a special
10 occasion permit shall notify the local police department, or in
11 the absence of a local police department, the Pennsylvania State
12 Police, of the times when and place where the sale of liquor or
13 malt or brewed beverages shall occur.
14 (e) The provisions of this section shall not be applicable
15 to any licensee now or hereafter possessing a caterer's license,
16 nor to any professional fund raiser.
17 (e.1) Notwithstanding any provisions of law to the contrary,
18 a permittee who is a nonprofit organization as defined under
19 section 501(c)(4) of the Internal Revenue Code of 1986 (Public
20 Law 99-514, 26 U.S.C. § 501(c)(4)) may do any of the following:
21 (1) If the permittee is conducting a regatta, sell for
22 consumption liquor and malt or brewed beverages in or on the
23 grounds of a State park located within a city of the second
24 class for a period not to exceed ten consecutive days per
25 calendar year.
26 (2) If the permittee is conducting a family-oriented
27 celebration as part of Welcome America in a city of the first
28 class on property leased from that city for a period of more
29 than fifty years, sell for consumption liquor and malt or brewed
30 beverages on such leased property for a period not to exceed ten
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1 consecutive days per calendar year.
2 (f) Any person selling liquor or malt or brewed beverages in
3 violation of this section shall, upon summary conviction, be
4 sentenced to pay a fine of two hundred fifty dollars ($250) for
5 the first offense and a fine of five hundred dollars ($500) for
6 each subsequent offense. This fine shall be in addition to any
7 other penalty imposed by law for the illegal sale of malt or
8 brewed beverages.
9 Section 5. Section 408.12(a) of the act, added July 1, 1994
10 (P.L.402, No.61), is amended to read:
11 Section 408.12. Wine Auction Permits.--(a) Upon application
12 of any nonprofit public television station which is a member of
13 the Pennsylvania Public Television Network, any orchestra
14 [located in a county of the first or second class] which is
15 operated by a nonprofit corporation or any museum located in a
16 county of the first or second class which is operated by a
17 nonprofit corporation and upon payment of a fee of thirty
18 dollars ($30) per day, the board shall issue a wine auction
19 permit good for a period of not more than four consecutive or
20 nonconsecutive days per calendar year.
21 * * *
22 Section 6. This act shall take effect immediately.
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