SENATE AMENDED PRIOR PRINTER'S NOS. 1049, 1403 PRINTER'S NO. 1844
No. 896 Session of 2007
INTRODUCED BY SOLOBAY, DONATUCCI, RAYMOND, CALTAGIRONE, CONKLIN, GEORGE, GODSHALL, GRUCELA, HARPER, HORNAMAN, KILLION, MAHONEY, McCALL, MELIO, M. O'BRIEN, PAYNE, PETRONE, REICHLEY, SCAVELLO, SIPTROTH, STABACK, SURRA, FREEMAN, J. WHITE, KORTZ AND PALLONE, MARCH 22, 2007
SENATOR RAFFERTY, LAW AND JUSTICE, IN SENATE, AS AMENDED, JUNE 6, 2007
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 special occasion permits and for <-- 18 limited wineries. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 408.4 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), is amended by adding a subsection
1 to read: 2 Section 408.4. Special Occasion Permits.-- 3 * * * 4 (r) Notwithstanding any provision of law to the contrary, 5 the board may issue a special occasion permit to an eligible 6 entity located in a dry municipality if the board is provided 7 with a copy of a resolution adopted by the municipality's 8 governing body confirming support for the issuance of the 9 special occasion permit. 10 Section 1.1. Section 505.2(a)(4) and (c) of the act, amended 11 December 8, 2004 (P.L.1810, No.239), are amended to read: 12 SECTION 1. SECTION 505.2(A)(4) AND (C) OF THE ACT OF APRIL <-- 13 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED 14 AND AMENDED JUNE 29, 1987 (P.L.32, NO.14) AND AMENDED DECEMBER 15 8, 2004 (P.L.1810, NO.239), ARE AMENDED TO READ: 16 Section 505.2. Limited Wineries.--(a) In the interest of 17 promoting tourism and recreational development in Pennsylvania, 18 holders of a limited winery license may: 19 * * * 20 (4) At the discretion of the board, obtain a special permit 21 to participate in alcoholic cider, wine [and food], food and 22 cultural expositions off the licensed premises. A special permit 23 shall be issued upon proper application and payment of a fee of 24 thirty dollars ($30) per day for each day of permitted use, not 25 to exceed five (5) consecutive days. The total number of days 26 for all the special permits may not exceed forty (40) days in 27 any calendar year. A special permit shall entitle the holder to 28 engage in the sale by the glass, by the bottle or in case lots 29 of alcoholic cider or wine produced by the permittee under the 30 authority of a limited winery license. Holders of special 20070H0896B1844 - 2 -
1 permits may provide tasting samples of wines in individual 2 portions not to exceed one fluid ounce. Samples at alcoholic 3 cider, wine [and food], food and cultural expositions may be 4 sold or offered free of charge. Except as provided herein, 5 limited wineries utilizing special permits shall be governed by 6 all applicable provisions of this act as well as by all 7 applicable regulations or conditions adopted by the board. 8 For the purposes of this clause, "alcoholic cider, wine [and 9 food], food and cultural expositions" are defined as affairs 10 held indoors or outdoors with the [primary intent of] intent of 11 promoting Pennsylvania products and culture by educating those 12 in attendance of the availability, nature and quality of 13 Pennsylvania-produced alcoholic ciders and wines in conjunction 14 with suitable food displays, demonstrations and sales. Alcoholic 15 cider, wine and food expositions may also include activities 16 other than alcoholic cider, wine [and food], food and cultural 17 displays, including arts and crafts, musical activities, 18 cultural exhibits, agricultural exhibits and similar activities. 19 Alcoholic cider, wine, food and cultural expositions shall also 20 include farmers markets. 21 * * * 22 (c) [The term "agricultural commodity" as used in this 23 section] As used in this section: 24 "Agricultural commodity" shall include any of the following: 25 agricultural, apicultural, horticultural, silvicultural and 26 viticultural commodities. 27 "Farmers market" shall include any building, structure or 28 other place owned, leased or otherwise in the possession of a 29 person, municipal corporation or public or private organization, 30 used or intended to be used by two or more farmers or an 20070H0896B1844 - 3 -
1 association of farmers, WHO ARE CERTIFIED BY THE DEPARTMENT OF <-- 2 AGRICULTURE OF THE COMMONWEALTH TO PARTICIPATE IN THE FARMERS' 3 MARKET NUTRITION PROGRAM SUBJECT TO 7 CFR PT. 249 (RELATING TO 4 SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP)), for the 5 purpose of selling agricultural commodities directly to 6 consumers and which is physically located within this 7 Commonwealth. 8 Section 2. This act shall take effect in 60 days. C19L47DMS/20070H0896B1844 - 4 -