PRIOR PRINTER'S NO. 1091 PRINTER'S NO. 2526
No. 985 Session of 1997
INTRODUCED BY NICKOL, MAITLAND, WAUGH, ROONEY, DeLUCA,
L. I. COHEN, CLARK, LUCYK, BUNT, STABACK, MELIO, TIGUE,
MASLAND, McCALL, HENNESSEY, YOUNGBLOOD, LAUGHLIN, BOSCOLA,
PESCI, E. Z. TAYLOR, BELFANTI, OLASZ, TRELLO, HALUSKA,
SAINATO, McGEEHAN, PLATTS, SEYFERT, PETRARCA, CORNELL,
STEELMAN, SAYLOR AND BENNINGHOFF, MARCH 19, 1997
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 28, 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 further providing for the time period of special occasion
18 permits AND FOR LOCAL OPTION. <--
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 408.4(a) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14) and amended December 20, 1996
1 (P.L.1523, No.199), is amended to read:
2 Section 408.4. Special Occasion Permits.--(a) Upon
3 application of any hospital, church, synagogue, volunteer fire
4 company, volunteer ambulance company, volunteer rescue squad,
5 nonprofit agricultural association in existence for at least ten
6 years, bona fide sportsmen's club in existence for at least ten
7 years, nationally chartered veterans' organization and any
8 affiliated lodge or subdivision of such organization, fraternal
9 benefit society that is licensed to do business in this
10 Commonwealth and any affiliated lodge or subdivision of such
11 fraternal benefit society, or [the] ONE auxiliary of any of the <--
12 foregoing, and upon payment of the prescribed fee for special
13 occasion permits under section 614-A of the act of April 9, 1929
14 (P.L.177, No.175), known as "The Administrative Code of 1929,"
15 the board shall issue a special occasion permit good for a
16 period of not more than [five] six consecutive or nonconsecutive
17 days[: Provided, however, That the [five] six nonconsecutive <--
18 days shall be used in a [three-month] twelve-month period <--
19 measured from the date of the first day.] DURING A CALENDAR <--
20 YEAR. Special occasion permits may also be issued to a museum
21 operated by a nonprofit corporation in a city of the third class
22 or township of the first class or a nonprofit corporation
23 engaged in the performing arts in a city of the third class or
24 in an incorporated town for a period of not more than six
25 nonconsecutive or ten consecutive days at the prescribed fee for
26 special occasion permits under section 614-A of "The
27 Administrative Code of 1929."
28 * * *
29 SECTION 2. SECTION 472(A) OF THE ACT, AMENDED MAY 31, 1996 <--
30 (P.L.312, NO.49), IS AMENDED TO READ:
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1 SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY
2 PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT
3 EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN
4 ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), ON THE DATE OF
5 THE PRIMARY ELECTION IMMEDIATELY PRECEDING ANY MUNICIPAL
6 ELECTION, BUT NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE
7 THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR
8 LICENSES TO HOTELS, RESTAURANTS AND CLUBS, NOT OFTENER THAN ONCE
9 IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
10 RESPECT TO THE GRANTING OF LIQUOR LICENSES TO PRIVATELY-OWNED
11 PRIVATE GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES,
12 NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF
13 THE ELECTORS WITH RESPECT TO THE GRANTING OF LICENSES TO RETAIL
14 DISPENSERS OF MALT AND BREWED BEVERAGES, NOT OFTENER THAN ONCE
15 IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
16 RESPECT TO GRANTING OF LICENSES TO WHOLESALE DISTRIBUTORS AND
17 IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN TWO YEARS, TO
18 DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING
19 OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES TO
20 INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, NOT
21 OFTENER THAN ONCE IN TWO YEARS TO DETERMINE THE WILL OF THE
22 ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL OCCASION
23 PERMITS TO QUALIFIED ORGANIZATIONS, OR NOT MORE THAN ONCE IN
24 FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT
25 TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE BOARD OF
26 PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH
27 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, UNDER THE
28 PROVISIONS OF THIS ACT: PROVIDED, HOWEVER, WHERE AN ELECTION
29 SHALL HAVE BEEN HELD AT THE PRIMARY PRECEDING A MUNICIPAL
30 ELECTION IN ANY YEAR, ANOTHER ELECTION MAY BE HELD UNDER THE
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1 PROVISIONS OF THIS ACT AT THE PRIMARY OCCURRING THE FOURTH YEAR
2 AFTER SUCH PRIOR ELECTION: AND PROVIDED FURTHER, THAT AN
3 ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE
4 LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR
5 THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST
6 THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE
7 QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING
8 DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE
9 MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE
10 AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S
11 LICENSES. WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER
12 CENTUM OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE
13 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY AT THE LAST
14 PRECEDING GENERAL ELECTION SHALL FILE A PETITION WITH THE COUNTY
15 BOARD OF ELECTIONS OF THE COUNTY FOR A REFERENDUM ON THE
16 QUESTION OF GRANTING ANY OF SAID CLASSES OF LICENSES OR THE
17 ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE SAID COUNTY
18 BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE
19 BALLOTS OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT THE
20 PRIMARY IMMEDIATELY PRECEDING THE MUNICIPAL ELECTION. SEPARATE
21 PETITIONS MUST BE FILED FOR EACH QUESTION TO BE VOTED ON. SAID
22 PROCEEDINGS SHALL BE IN THE MANNER AND SUBJECT TO THE PROVISIONS
23 OF THE ELECTION LAWS WHICH RELATE TO THE SIGNING, FILING AND
24 ADJUDICATION OF NOMINATION PETITIONS, INSOFAR AS SUCH PROVISIONS
25 ARE APPLICABLE.
26 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
27 LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
28 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES
29 FOR THE SALE OF LIQUOR IN........................ YES
30 OF..............................................? NO
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1 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
2 LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE
3 IN THE FOLLOWING FORM:
4 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
5 PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE
6 OF LIQUOR IN.................BY.................. YES
7 OF..............................................? NO
8 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
9 LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE
10 IN THE FOLLOWING FORM:
11 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
12 PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE
13 OF LIQUOR IN.................BY.................. YES
14 OF..............................................? NO
15 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES
16 TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE
17 IN THE FOLLOWING FORM:
18 DO YOU FAVOR THE GRANTING OF MALT AND BREWED
19 BEVERAGE RETAIL DISPENSER LICENSES FOR
20 CONSUMPTION ON PREMISES WHERE SOLD IN THE........ YES
21 OF..............................................? NO
22 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES
23 TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND
24 IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM:
25 DO YOU FAVOR THE GRANTING OF MALT AND BREWED
26 BEVERAGE WHOLESALE DISTRIBUTOR'S AND IMPORTING
27 DISTRIBUTOR'S LICENSES NOT FOR CONSUMPTION ON
28 PREMISES WHERE SOLD IN THE....................... YES
29 OF..............................................? NO
30 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB
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1 LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
2 ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:
3 DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES
4 TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS
5 IN THE........................................... YES
6 OF..............................................? NO
7 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB
8 RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL
9 VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:
10 DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER
11 LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
12 ORGANIZATIONS IN THE............................. YES
13 OF..............................................? NO
14 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL
15 OCCASION PERMITS TO QUALIFIED ORGANIZATIONS, IT SHALL BE IN THE
16 FOLLOWING FORM:
17 DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS
18 TO QUALIFIED ORGANIZATIONS IN THE.................... YES
19 OF...............................................? NO
20 WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT,
21 OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL
22 BE IN THE FOLLOWING FORM:
23 DO YOU FAVOR THE ESTABLISHMENT, OPERATION
24 AND MAINTENANCE OF PENNSYLVANIA LIQUOR
25 STORES IN THE.................................... YES
26 OF..............................................? NO
27 IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A
28 MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"
29 THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,
30 RESTAURANTS AND CLUBS, OR LIQUOR LICENSES SHALL BE GRANTED BY
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1 THE BOARD TO PRIVATELY-OWNED PRIVATE GOLF COURSES OR TO
2 PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT AND BREWED BEVERAGE
3 RETAIL DISPENSER LICENSES OR WHOLESALE DISTRIBUTOR'S AND
4 IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE OF MALT OR BREWED
5 BEVERAGES SHALL BE GRANTED BY THE BOARD, OR CLUB LIQUOR LICENSES
6 OR CLUB RETAIL DISPENSER LICENSES SHALL BE GRANTED BY THE BOARD
7 TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, OR
8 SPECIAL OCCASION PERMITS MAY BE ISSUED TO QUALIFIED
9 ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND MAINTAIN
10 PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH
11 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY
12 THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH
13 QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT
14 OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO
15 VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY;
16 OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE
17 ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR
18 STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA
19 LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT
20 MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING
21 PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT
22 MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE
23 EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY
24 SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A
25 LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON
26 SUCH QUESTION.
27 * * *
28 Section 2 3. This act shall take effect immediately. <--
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