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| PRIOR PRINTER'S NO. 88 | PRINTER'S NO. 532 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, GEIST, KORTZ, MUSTIO, READSHAW, SONNEY, SWANGER AND WAGNER, JANUARY 21, 2011 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 9, 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 definitions, for sales by liquor |
18 | licensees and restrictions and for unlawful acts relative to |
19 | liquor, malt and brewed beverages and licensees. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. Section 102 of the act of April 12, 1951 (P.L.90, | <-- |
23 | No.21), known as the Liquor Code, reenacted and amended June 29, |
24 | 1987 (P.L.32, No.14), is amended by adding definitions to read: |
25 | Section 1. The definition of "eligible entity" in section | <-- |
26 | 102 of the act of April 12, 1951 (P.L.90, No.21), known as the |
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1 | Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) |
2 | and amended June 25, 2010 (P.L.217, No.35), is amended and the |
3 | section is amended by adding definitions to read: |
4 | Section 102. Definitions.--The following words or phrases, |
5 | unless the context clearly indicates otherwise, shall have the |
6 | meanings ascribed to them in this section: |
7 | * * * |
8 | "Catered event" shall mean the furnishing of prepared foods |
9 | in conjunction with alcoholic beverages for the accommodation of |
10 | a group of people who made arrangements for the event at least |
11 | forty-eight hours in advance and is paid for and sponsored by a |
12 | third party. |
13 | * * * |
14 | "Happy hour" shall mean the period of time during which a | <-- |
15 | licensee discounts alcoholic beverages. |
16 | * * * |
17 | Section 2. Section 406(a)(1) of the act, amended July 6, |
18 | 2005 (P.L.135, No.39), is amended and the section is amended by |
19 | adding subsections to read: |
20 | "Eligible entity" shall mean a city of the third class, a | <-- |
21 | hospital, a church, a synagogue, a volunteer fire company, a |
22 | volunteer ambulance company, a volunteer rescue squad, a unit of |
23 | a nationally chartered club which has been issued a club liquor |
24 | license, a club in a city of the third class which has been |
25 | issued a club liquor license and which, as of December 31, 2002, |
26 | has been in existence for at least 100 years, a library, a |
27 | nationally accredited Pennsylvania nonprofit zoological |
28 | institution licensed by the United States Department of |
29 | Agriculture, a nonprofit agricultural association in existence |
30 | for at least ten years, a bona fide sportsmen's club in |
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1 | existence for at least ten years, a nationally chartered |
2 | veterans' organization and any affiliated lodge or subdivision |
3 | of such organization, a fraternal benefit society that is |
4 | licensed to do business in this Commonwealth and any affiliated |
5 | lodge or subdivision of such fraternal benefit society, a museum |
6 | operated by a nonprofit corporation in a city of the third class |
7 | or township of the first class, a nonprofit corporation engaged |
8 | in the performing arts in a city of the third class, borough or |
9 | in an incorporated town, an arts council, a nonprofit |
10 | corporation that operates an arts facility or museum in a city |
11 | of the third class in the county of the fourth class, a |
12 | nonprofit organization as defined under section 501(c)(3) of the |
13 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
14 | 501(c)(3)) whose purpose is to protect the architectural |
15 | heritage of boroughs or a township of the second class and which |
16 | has been recognized as such by a municipal resolution, a |
17 | nonprofit organization as defined under section 501(c)(3) of the |
18 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
19 | 501(c)(3)) conducting a regatta in a city of the second class |
20 | with the permit to be used on State park grounds or conducting a |
21 | family-oriented celebration as part of Welcome America in a city |
22 | of the first class on property leased from that city for more |
23 | than fifty years, a nonprofit organization as defined under |
24 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
25 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
26 | research and treatment of cystic fibrosis, a nonprofit |
27 | organization as defined under section 501(c)(3) of the Internal |
28 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
29 | educate the public on issues dealing with watershed |
30 | conservation, a nonprofit organization as defined under section |
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1 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
2 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
3 | equine assisted activities for children and adults with special |
4 | needs, a nonprofit economic development agency in a city of the |
5 | second class with the primary function to serve as an economic |
6 | generator for the greater southwestern Pennsylvania region by |
7 | attracting and supporting film, television and related media |
8 | industry projects and coordinating government and business |
9 | offices in support of a production, a county tourist promotion |
10 | agency as defined in section 3(1) of the act of April 28, 1961 |
11 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
12 | located in a city of the third class in a county of the fourth |
13 | class or located in a township of the second class in a county |
14 | of the fifth class, a junior league in a third class county that |
15 | is a nonprofit organization as defined under section 501(c)(3) |
16 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
17 | that is comprised of women whose purpose is exclusively |
18 | educational and charitable in promoting the volunteerism of |
19 | women and developing and participating in community projects and |
20 | that has been in existence for over seventy years, a nonprofit |
21 | organization as defined under section 501(c)(3) of the Internal |
22 | Revenue Code of 1986 which is located in counties of the second |
23 | class A or of the third class and whose purpose is the education |
24 | and promotion of American history, a nonprofit organization as |
25 | defined under section 501(c)(6) of the Internal Revenue Code of |
26 | 1986 which is located in a city of the third class in a county |
27 | of the third class and whose purpose is to support business and |
28 | industry, a brewery which has been issued a license to |
29 | manufacture malt or brewed beverages and has been in existence |
30 | for at least 100 years or a club recognized by Rotary |
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1 | International which is located in a county of the fourth class |
2 | and whose purpose is to provide service to others, to promote |
3 | high ethical standards and to advance world understanding, |
4 | goodwill and peace through its fellowship of business, |
5 | professional and community leaders or a nonprofit organization |
6 | as defined under section 501(c)(3) of the Internal Revenue Code |
7 | of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is |
8 | located in a borough in a county of the third class and whose |
9 | purpose is to promote mushrooms while supporting local and |
10 | regional charities, a nonprofit organization as defined under |
11 | section 501(c)(3) of the Internal Revenue Code of 1986 whose |
12 | main purpose is to temporarily foster stray and unwanted animals |
13 | and match them to suitable permanent homes, a nonprofit |
14 | organization as defined under section 501(c)(3) of the Internal |
15 | Revenue Code of 1986 who operates either a Main Street Program |
16 | or Elm Street Program recognized by the Commonwealth, the |
17 | National Trust for Historic Preservation or both. |
18 | * * * |
19 | "Happy hour" shall mean the period of time during which a |
20 | licensee discounts alcoholic beverages. |
21 | * * * |
22 | Section 2. Section 404 of the act, amended January 6, 2006 |
23 | (P.L.1, No.1), is amended to read: |
24 | Section 404. Issuance, Transfer or Extension of Hotel, |
25 | Restaurant and Club Liquor Licenses.--Upon receipt of the |
26 | application and the proper fees, and upon being satisfied of the |
27 | truth of the statements in the application that the applicant is |
28 | the only person in any manner pecuniarily interested in the |
29 | business so asked to be licensed and that no other person will |
30 | be in any manner pecuniarily interested therein during the |
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1 | continuance of the license, except as hereinafter permitted, and |
2 | that the applicant is a person of good repute, that the premises |
3 | applied for meet all the requirements of this act and the |
4 | regulations of the board, that the applicant seeks a license for |
5 | a hotel, restaurant or club, as defined in this act, and that |
6 | the issuance of such license is not prohibited by any of the |
7 | provisions of this act, the board shall, in the case of a hotel |
8 | or restaurant, grant and issue to the applicant a liquor |
9 | license, and in the case of a club may, in its discretion, issue |
10 | or refuse a license: Provided, however, That in the case of any |
11 | new license or the transfer of any license to a new location or |
12 | the extension of an existing license to cover an additional area |
13 | the board may, in its discretion, grant or refuse such new |
14 | license, transfer or extension if such place proposed to be |
15 | licensed is within three hundred feet of any church, hospital, |
16 | charitable institution, school, or public playground, or if such |
17 | new license, transfer or extension is applied for a place which |
18 | is within two hundred feet of any other premises which is |
19 | licensed by the board: And provided further, That the board's |
20 | authority to refuse to grant a license because of its proximity |
21 | to a church, hospital, charitable institution, public playground |
22 | or other licensed premises shall not be applicable to license |
23 | applications submitted for public venues or performing arts |
24 | facilities: And provided further, That the board shall refuse |
25 | any application for a new license, the transfer of any license |
26 | to a new location or the extension of an existing license to |
27 | cover an additional area if, in the board's opinion, such new |
28 | license, transfer or extension would be detrimental to the |
29 | welfare, health, peace and morals of the inhabitants of the |
30 | neighborhood within a radius of five hundred feet of the place |
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1 | proposed to be licensed: And provided further, That the board |
2 | shall have the discretion to refuse a license to any person or |
3 | to any corporation, partnership or association if such person, |
4 | or any officer or director of such corporation, or any member or |
5 | partner of such partnership or association shall have been |
6 | convicted or found guilty of a felony within a period of five |
7 | years immediately preceding the date of application for the said |
8 | license. The board shall refuse any application for a new |
9 | license, the transfer of any license to a new location or the |
10 | extension of any license to cover an additional area where the |
11 | sale of liquid fuels or oil is conducted. The board may enter |
12 | into an agreement with the applicant concerning additional |
13 | restrictions on the license in question. If the board and the |
14 | applicant enter into such an agreement, such agreement shall be |
15 | binding on the applicant. Failure by the applicant to adhere to |
16 | the agreement will be sufficient cause to form the basis for a |
17 | citation under section 471 and for the nonrenewal of the license |
18 | under section 470. If the board enters into an agreement with an |
19 | applicant concerning additional restrictions, those restrictions |
20 | shall be binding on subsequent holders of the license until the |
21 | license is transferred to a new location or until the board |
22 | enters into a subsequent agreement removing those restrictions. |
23 | If the application in question involves a location previously |
24 | licensed by the board, then any restrictions imposed by the |
25 | board on the previous license at that location shall be binding |
26 | on the applicant unless the board enters into a new agreement |
27 | rescinding those restrictions. The board may, in its discretion, |
28 | refuse an application for an economic development license under |
29 | section 461(b.1) or an application for an intermunicipal |
30 | transfer of a license if the board receives a protest from the |
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1 | governing body of the receiving municipality. The receiving |
2 | municipality of an intermunicipal transfer or an economic |
3 | development license under section 461(b.1) may file a protest |
4 | against the transfer of a license into its municipality, and the |
5 | receiving municipality shall have standing in a hearing to |
6 | present testimony in support of or against the issuance or |
7 | transfer of a license. Upon any opening in any quota, an |
8 | application for a new license shall only be filed with the board |
9 | for a period of six months following said opening. |
10 | Notwithstanding another provision of law, the board may not |
11 | refuse to transfer or renew a license previously issued for |
12 | premises located in a township of the second class within a |
13 | county of the third class that is a dry municipality based on |
14 | the fact that the municipality is a dry municipality if the |
15 | premises for which the license is being transferred or renewed |
16 | have been continuously licensed by the board for a period of |
17 | fifty years or more. |
18 | Section 3. Section 406(a)(1) of the act, amended July 6, |
19 | 2005 (P.L.135, No.39), is amended and the section is amended by |
20 | adding subsections to read: |
21 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) |
22 | (1) Every hotel, restaurant or club liquor licensee may sell |
23 | liquor and malt or brewed beverages by the glass, open bottle or |
24 | other container, and in any mixture, for consumption only in |
25 | that part of the hotel or restaurant habitually used for the |
26 | serving of food to guests or patrons, or, in the case of a |
27 | restaurant, hotel or eating place licensee, at a catered event |
28 | off the licensed premises, or in a bowling alley that is |
29 | immediately adjacent to and under the same roof as a restaurant, |
30 | and in the case of hotels, to guests, and in the case of clubs, |
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1 | to members, in their private rooms in the hotel or club. No club |
2 | licensee nor its officers, servants, agents or employes, other |
3 | than one holding a catering license, shall sell any liquor or |
4 | malt or brewed beverages to any person except a member of the |
5 | club. The holder of a restaurant license located in a hotel may |
6 | sell liquor or malt or brewed beverages for consumption in that |
7 | part of the restaurant habitually used for the serving of meals |
8 | to patrons and also to guests in private guest rooms in the |
9 | hotel. For the purpose of this paragraph, any person who is an |
10 | active member of another club which is chartered by the same |
11 | state or national organization shall have the same rights and |
12 | privileges as members of the particular club. For the purpose of |
13 | this paragraph, any person who is an active member of any |
14 | volunteer firefighting company, association or group of this |
15 | Commonwealth, whether incorporated or unincorporated, shall upon |
16 | the approval of any club composed of volunteer firemen licensed |
17 | under this act, have the same social rights and privileges as |
18 | members of such licensed club. For the purposes of this |
19 | paragraph, the term "active member" shall not include a social |
20 | member. Any club licensee which is either an incorporated unit |
21 | of a national veterans' organization or an affiliated |
22 | organization as defined in section 461.1 shall be permitted to |
23 | sell liquor or malt or brewed beverages to any active member of |
24 | another unit which is chartered by the same national veterans' |
25 | organization or to any member of a nationally chartered |
26 | auxiliary associated with the same national veterans' |
27 | organization. |
28 | * * * |
29 | (f) The holder of a hotel license or a restaurant license |
30 | may sell up to three bottles of wine for consumption off the |
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1 | licensed premises so long as the bottles of wine remain sealed. |
2 | For purposes of this subsection, "wine" shall have the meaning |
3 | given to it under section 488(i). |
4 | (g) The holder of a hotel license, eating place license or a |
5 | restaurant license may use that license obtain an off-premises | <-- |
6 | catering license subject to section 493(33) to hold a catered |
7 | event off the licensed premises and on otherwise unlicensed |
8 | premises where the licensee may sell wine, liquor and malt or |
9 | brewed beverages by the glass, open bottle or other container, |
10 | and in any mixture, for consumption on those premises solely |
11 | used for catering purposes so long as the liquor and malt or |
12 | brewed beverages were purchased in conjunction with a meal which |
13 | will be consumed on the catered premises. There shall be no |
14 | limitation on the number of off-premises catered events a |
15 | licensee may hold at any given time. At no time may an off- |
16 | premises catering permittee agree to hold a catered event that |
17 | includes the sale of alcohol at a location within a dry |
18 | municipality. In addition, the off-premises catering permittee |
19 | shall give the local police department or the Pennsylvania State |
20 | Police, if there is no local police department, written notice |
21 | at least forty-eight hours prior to each off-premises catered |
22 | event. Written notice shall consist of notifying the police of |
23 | the date, time and place of the impending sale of alcoholic |
24 | beverages. |
25 | (h) The holder of a hotel license or a restaurant license or |
26 | an eating place license may have up to fourteen hours per week |
27 | during which the holder discounts the price of alcoholic |
28 | beverages. The licensee may use as many of the fourteen hours |
29 | per business day as the licensee chooses so long as the hours do |
30 | not exceed fourteen hours in any given week and so long as no |
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1 | discounts are given between the hours of midnight and the legal |
2 | closing time. |
3 | Section 3 4. Section 493(10) of the act, amended December | <-- |
4 | 20, 2000 (P.L.992, No.141), is amended and the section is |
5 | amended by adding a paragraph to read: |
6 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
7 | Brewed Beverages and Licensees.--The term "licensee," when used |
8 | in this section, shall mean those persons licensed under the |
9 | provisions of Article IV, unless the context clearly indicates |
10 | otherwise. |
11 | It shall be unlawful-- |
12 | * * * |
13 | (10) Entertainment on Licensed Premises (Except Clubs); |
14 | Permits; Fees. For any licensee, his servants, agents or |
15 | employes, except club licensees, public venue licensees or |
16 | performing arts facility licensees, to permit in any licensed |
17 | premises or in any place operated in connection therewith, |
18 | dancing, theatricals or floor shows of any sort, or moving |
19 | pictures other than television, or such as are exhibited through |
20 | machines operated by patrons by the deposit of coins, which |
21 | project pictures on a screen not exceeding in size twenty-four |
22 | by thirty inches and which forms part of the machine, unless the |
23 | licensee shall first have obtained from the board a special |
24 | permit to provide such entertainment, or for any licensee, under |
25 | any circumstances, to permit in any licensed premises or in any |
26 | place operated in connection therewith any lewd, immoral or |
27 | improper entertainment, regardless of whether a permit to |
28 | provide entertainment has been obtained or not. The special |
29 | permit may be used only during the hours when the sale of liquor |
30 | or malt or brewed beverages is permitted, unless the licensee |
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1 | holds an extended hours food license under section 499(b) which |
2 | license would allow the special permit to be used while the |
3 | establishment is open, and between eleven o'clock antemeridian |
4 | on Sunday and two o'clock antemeridian on the following Monday, |
5 | regardless of whether the licensee possesses a Sunday sales |
6 | permit. The board shall have power to provide for the issue of |
7 | such special permits, and to collect an annual fee for such |
8 | permits as prescribed in section 614-A of the act of April 9, |
9 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
10 | 1929." All such fees shall be paid into the State Stores Fund. |
11 | No such permit shall be issued in any municipality which, by |
12 | ordinance, prohibits amusements in licensed places. Any |
13 | violation of this clause shall, in addition to the penalty |
14 | herein provided, subject the licensee to suspension or |
15 | revocation of his permit and his license. |
16 | * * * |
17 | (33) Off-premises Catering Permit; Fees. For any licensee, |
18 | his servants, agents or employes to cater an event that includes |
19 | the sale and service of alcoholic beverages at a location other |
20 | than the licensed premises, unless the licensee shall first have |
21 | obtained from the board a special permit to provide such |
22 | catering services. Only those licensees currently holding a |
23 | valid restaurant, hotel or eating place license that has been |
24 | certified under the board's responsible alcohol management |
25 | program as required by section 471.1 shall be allowed to apply |
26 | for such a permit. The board shall have the power to provide for |
27 | the issue of such special permits to qualified licensees and to |
28 | collect an annual fee for such permits as prescribed in section |
29 | 614-A of "The Administrative Code of 1929." All such fees shall |
30 | be paid into the State Stores Fund. Any violation of this act |
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1 | shall subject the licensee to suspension or revocation of his |
2 | permit and preclude him from applying for a future off-premises |
3 | catering permit. |
4 | Section 4 5. This act shall take effect in 60 days. | <-- |
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