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PRIOR PRINTER'S NOS. 910, 1423
PRINTER'S NO. 1526
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
770
Session of
2015
INTRODUCED BY MASSER, SCHREIBER, PICKETT, COHEN, FREEMAN,
SANKEY, HEFFLEY, WATSON, MILLARD, HARHAI, HARHART, GABLER,
MOUL, GIBBONS AND FARRY, MARCH 10, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 11, 2015
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "An act relating to alcoholic liquors, alcohol and
malt and brewed beverages; amending, revising, consolidating
and changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," in
preliminary provisions, further defining "eligible entity";
and, in licenses and regulations for liquor, alcohol and malt
and brewed beverages, further providing for unlawful acts
relative to liquor, malt and brewed beverages and licensees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "eligible entity" in section
102 of the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
and amended July 5, 2012 (P.L.1007, No.116), is amended to read:
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Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Eligible entity" shall mean a city of the third class, a
hospital, a church, a synagogue, a volunteer fire company, a
volunteer ambulance company, a volunteer rescue squad, a unit of
a nationally chartered club which has been issued a club liquor
license, a club which has been issued a club liquor license and
which, as of December 31, 2002, has been in existence for at
least 100 years, a library, a nationally accredited Pennsylvania
nonprofit zoological institution licensed by the United States
Department of Agriculture, a nonprofit agricultural association
in existence for at least ten years, a bona fide sportsmen's
club in existence for at least ten years, a nationally chartered
veterans' organization and any affiliated lodge or subdivision
of such organization, a fraternal benefit society that is
licensed to do business in this Commonwealth and any affiliated
lodge or subdivision of such fraternal benefit society, a museum
operated by a nonprofit corporation, a nonprofit corporation
engaged in the performing arts, an arts council, a nonprofit
corporation that operates an arts facility or museum, a
nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
501(c)(3)) whose purpose is to protect the architectural
heritage of boroughs or a township of the second class and which
has been recognized as such by a municipal resolution, a
nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
501(c)(3)) conducting a regatta in a city of the second class
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with the permit to be used on State park grounds or conducting a
family-oriented celebration as part of Welcome America in a city
of the first class on property leased from that city for more
than fifty years, a nonprofit organization as defined under
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. § 501(c)(3)) whose purpose is to raise funds for the
research and treatment of cystic fibrosis, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to
educate the public on issues dealing with watershed
conservation, a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide equine
assisted activities for children and adults with special needs,
a nonprofit economic development agency in a city of the second
class with the primary function to serve as an economic
generator for the greater southwestern Pennsylvania region by
attracting and supporting film, television and related media
industry projects and coordinating government and business
offices in support of a production, a county tourist promotion
agency as defined in section 3(1) of the act of April 28, 1961
(P.L.111, No.50), known as the "Tourist Promotion Law," a junior
league that is a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. §
501(c)(3)) that is comprised of women whose purpose is
exclusively educational and charitable in promoting the
volunteerism of women and developing and participating in
community projects and that has been in existence for over
seventy years, a nonprofit organization as defined under section
501(c)(3) of the Internal Revenue Code of 1986 and whose purpose
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is the education and promotion of American history, a nonprofit
organization as defined under section 501(c)(6) of the Internal
Revenue Code of 1986 whose purpose is to support business and
industry, a brewery which has been issued a license to
manufacture malt or brewed beverages and has been in existence
for at least 100 years or a club recognized by Rotary
International and whose purpose is to provide service to others,
to promote high ethical standards and to advance world
understanding, goodwill and peace through its fellowship of
business, professional and community leaders or a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
whose purpose is to promote mushrooms while supporting local and
regional charities, a museum operated by a not-for-profit
corporation in a city of the second class A, a nonprofit
organization as defined under section 501(c)(3) of the Internal
Revenue Code of 1986 which is located in a city of the second
class A and has as its purpose economic and community
development, a nonprofit organization as defined under section
501(c)(3) or (6) of the Internal Revenue Code of 1986 that is
located in a city of the third class in a county of the fifth
class, a nonprofit social service organization defined under
section 501(c)(3) of the Internal Revenue Code of 1986 located
in a county of the third class whose purpose is to serve
individuals and families in that county of the third class, a
nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 whose main purpose is to
temporarily foster stray and unwanted animals and match them to
suitable permanent homes or a nonprofit organization as defined
under section 501(c)(3) of the Internal Revenue Code of 1986 who
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operates either a Main Street Program or Elm Street Program
recognized by the Commonwealth, the National Trust for Historic
Preservation or both, a nonprofit radio station that is a member
of the National Public Radio network, a nonprofit public
television station that is a member of the Pennsylvania Public
Television Network [or], a nonprofit organization as defined
under section 501(c)(3) of the Internal Revenue Code of 1986
whose purpose is to promote awareness, education and research
and to provide a support system for patients with neutropenia
and their families through a national resource network or a
nonprofit organization as defined under section 501(c)(3) of the
Internal Revenue Code of 1986 that is located in a city of the
first class and has been in existence for over fifteen years
whose purpose is community-based economic development.[.] FIRST
CLASS, WAS ORGANIZED IN 1995 AS A COMMUNITY DEVELOPMENT
CORPORATION TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE
RESIDENTS, BUSINESSES AND INSTITUTIONS OF A NEIGHBORHOOD OF A
CITY OF THE FIRST CLASS, AND WHOSE WORKS INCLUDE PUBLIC
PROMOTIONS, NEIGHBORHOOD IMPROVEMENT PROJECTS AND COMMERCIAL
CORRIDOR IMPROVEMENTS, INCLUDING A BUSINESS IMPROVEMENT
DISTRICT.
Section 2. Section 493(24) of the act, amended November 29,
2006 (P.L.1421, No.155), is amended to read:
Section 493. Unlawful Acts Relative to Liquor, Malt and
Brewed Beverages and Licensees.--The term "licensee," when used
in this section, shall mean those persons licensed under the
provisions of Article IV, unless the context clearly indicates
otherwise.
It shall be unlawful--
* * *
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(24) (i) Things of Value Offered as Inducement. Except as
provided in [subclause (ii)] subclauses (ii) and (iii), for any
licensee under the provisions of this article, or the board or
any manufacturer, or any employe or agent of a manufacturer,
licensee or of the board, to offer to give anything of value or
to solicit or receive anything of value as a premium for the
return of caps, stoppers, corks, stamps or labels taken from any
bottle, case, barrel or package containing liquor or malt or
brewed beverage, or to offer or give or solicit or receive
anything of value as a premium or present to induce directly the
purchase of liquor or malt or brewed beverage, or for any
licensee, manufacturer or other person to offer or give to trade
or consumer buyers any prize, premium, gift or other inducement
to purchase liquor or malt or brewed beverages, except
advertising novelties of nominal value which the board shall
define. This section shall not prevent any manufacturer or any
agent of a manufacturer from offering and honoring coupons which
offer monetary rebates on purchases of wines and spirits through
State Liquor Stores or purchases of malt or brewed beverages
through distributors and importing distributors in accordance
with conditions or regulations established by the board. The
board may redeem coupons offered by a manufacturer or an agent
of a manufacturer at the time of purchase. Coupons offered by a
manufacturer or an agent of a manufacturer shall not be redeemed
without proof of purchase. This section shall not apply to the
return of any monies specifically deposited for the return of
the original container to the owners thereof.
(ii) Notwithstanding subclause (i) or any other provision of
law, a holder of a restaurant license that is also approved to
hold a slot machine license or a conditional slot machine
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license under 4 Pa.C.S. Part II (relating to gaming) may give
liquor and malt or brewed beverages free of charge to any person
actively engaged in playing a slot machine.
(iii) Notwithstanding subclause (i) or any other provision
of law or regulation, a holder of a license under provisions of
this clause may offer discounts of food or malt or brewed
beverages and disproportionate serving amounts that act as a
discount to patrons who are part of a bona fide club or group
program offered by the licensee to promote its business or
products in a commercially reasonable manner.
(iv) No discounts of food or malt or brewed beverages and
disproportionate serving amounts offered pursuant to subclause
(iii) shall be given between the hours of midnight and the legal
closing time on any given day.
* * *
Section 3. This act shall take effect in 60 days.
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