PRIOR PRINTER'S NO. 102 PRINTER'S NO. 612
No. 110 Session of 2005
INTRODUCED BY COSTA, DIVEN, FRANKEL, MARKOSEK, PISTELLA, WALKO, T. STEVENSON, CALTAGIRONE, CAPPELLI, DeWEESE, J. EVANS, GODSHALL, W. KELLER, THOMAS, TIGUE, READSHAW, MUSTIO, RAYMOND, DONATUCCI, FABRIZIO, GRUCELA, YOUNGBLOOD, DeLUCA, DALEY, SAINATO, BIANCUCCI, GERGELY AND MAHER, JANUARY 25, 2005
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 15, 2005
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 "eligible entity." 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. The definition of "eligible entity" in section 21 102 of the act of April 12, 1951 (P.L.90, No.21), known as the 22 Liquor Code, reenacted and amended June 29, 1987 (P.L.32, 23 No.14), and amended December 30, 2003 (P.L.423, No.59), is
1 amended to read: 2 Section 102. Definitions.--The following words or phrases, 3 unless the context clearly indicates otherwise, shall have the 4 meanings ascribed to them in this section: 5 * * * 6 "Eligible entity" shall mean a city of the third class, a 7 hospital, a church, a synagogue, a volunteer fire company, a 8 volunteer ambulance company, a volunteer rescue squad, a unit of 9 a nationally chartered club which has been issued a club liquor 10 license, a club in a city of the third class which has been 11 issued a club liquor license and which, as of December 31, 2002, 12 has been in existence for at least 100 years, a library, a 13 nationally accredited Pennsylvania nonprofit zoological 14 institution licensed by the United States Department of 15 Agriculture, a nonprofit agricultural association in existence 16 for at least ten years, a bona fide sportsmen's club in 17 existence for at least ten years, a nationally chartered 18 veterans' organization and any affiliated lodge or subdivision 19 of such organization, a fraternal benefit society that is 20 licensed to do business in this Commonwealth and any affiliated 21 lodge or subdivision of such fraternal benefit society, a museum 22 operated by a nonprofit corporation in a city of the third class 23 or township of the first class, a nonprofit corporation engaged 24 in the performing arts in a city of the third class or in an 25 incorporated town, an arts council, a nonprofit corporation that 26 operates an arts facility or museum in a city of the third class 27 in the county of the fourth class, a nonprofit organization as 28 defined under section 501(c)(3) of the Internal Revenue Code of 29 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is 30 to protect the architectural heritage of boroughs and which has 20050H0110B0612 - 2 -
1 been recognized as such by a municipal resolution, a nonprofit 2 organization as defined under section 501(c)(3) of the Internal 3 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) 4 conducting a regatta in a city of the second class with the 5 permit to be used on State park grounds or conducting a family- 6 oriented celebration as part of Welcome America in a city of the 7 first class on property leased from that city for more than 8 fifty years, [or] A NONPROFIT ORGANIZATION AS DEFINED UNDER <-- 9 SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (26 10 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS TO RAISE FUNDS FOR THE 11 RESEARCH AND TREATMENT OF CYSTIC FIBROSIS, a nonprofit 12 organization as defined under section 501(c)(3) of the Internal 13 Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to 14 educate the public on issues dealing with watershed 15 conservation[.], or a nonprofit economic development agency in a 16 city of the second class with the primary function to serve as 17 an economic generator for the greater southwestern Pennsylvania 18 region by attracting and supporting film, television and related 19 media industry projects and coordinating government and business 20 offices in support of a production. 21 * * * 22 Section 2. This act shall take effect immediately. A12L47BIL/20050H0110B0612 - 3 -