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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRENNAN, CALTAGIRONE, CARROLL, FABRIZIO, FREEMAN, GOODMAN, HALUSKA, JOSEPHS, LONGIETTI, MANN, MILNE, REICHLEY, SABATINA AND SANTONI, APRIL 5, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 5, 2011 |
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| AN ACT |
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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 sales by liquor licensees and |
18 | restrictions and for special occasion permits. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 406 of the act of April 12, 1951 (P.L.90, |
22 | No.21), known as the Liquor Code, reenacted and amended June 29, |
23 | 1987 (P.L.32, No.14), is amended by adding a subsection to read: |
24 | Section 406. Sales by Liquor Licensees; Restrictions.--* * * |
25 | (f) Notwithstanding any other provision of law, every hotel, |
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1 | restaurant or club liquor licensee located within the boundaries |
2 | of a special occasion permit area designated by a nonprofit |
3 | corporation engaged in the performing arts in a city of the |
4 | third class pursuant to section 408.4(h) may sell liquor and |
5 | malt or brewed beverages by the glass, open bottle or other |
6 | container, and in any mixture, for consumption off the premises |
7 | during the period and hours when such entity is using the |
8 | special occasion permit. |
9 | Section 2. Section 408.4(h) and (j) of the act, amended |
10 | December 9, 2002 (P.L.1653, No.212), are amended to read: |
11 | Section 408.4. Special Occasion Permits.-- |
12 | * * * |
13 | (h) The board may issue a special occasion permit to an |
14 | eligible entity. The board may also issue a special occasion |
15 | permit to one auxiliary of any eligible entity. Any eligible |
16 | entity that wishes to acquire a special occasion permit must |
17 | submit a written application to the board in such form and |
18 | containing such information as the board shall from time to time |
19 | prescribe. If the eligible entity is a nonprofit corporation |
20 | engaged in the performing arts in a city of the third class, the |
21 | application shall include a description of the boundaries of the |
22 | area in which the special occasion permit will be used. The fee |
23 | for special occasion permits shall be as set forth under section |
24 | 614-A(24) of the act of April 9, 1929 (P.L.177, No.175), known |
25 | as "The Administrative Code of 1929." |
26 | * * * |
27 | (j) The eligible entity shall give the local police |
28 | department or the Pennsylvania State Police if there is no local |
29 | police department written notice at least forty-eight hours |
30 | prior to each use of the special occasion permit. Written notice |
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1 | consists of notifying the police of the date, time and place of |
2 | the impending sale of alcoholic beverages. If the eligible |
3 | entity is a nonprofit corporation engaged in the performing arts |
4 | in a city of the third class, the written notice shall include a |
5 | description of the boundaries of the area in which the special |
6 | occasion permit will be used. |
7 | * * * |
8 | Section 3. This act shall take effect in 60 days. |
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