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PRIOR PRINTER'S NO. 1907
PRINTER'S NO. 2007
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1497
Session of
2017
INTRODUCED BY JOZWIAK, TALLMAN, ROTHMAN, BARBIN, M. K. KELLER,
MILLARD, A. HARRIS, GROVE, WENTLING, WARD, SONNEY AND
WHEELAND, JUNE 5, 2017
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 13, 2017
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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 "alcoholic cider."
CIDER" AND "PUBLIC VENUE"; AND, IN LICENSES AND REGULATIONS
FOR LIQUOR, ALCOHOL AND MALT AND BREWED BEVERAGES, FURTHER
PROVIDING FOR WINE AND SPIRITS AUCTION PERMITS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "alcoholic cider" in section
102 of the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, amended November 15, 2016 (P.L.1286, No.166), is
amended to read:
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SECTION 1. THE DEFINITIONS OF "ALCOHOLIC CIDER" AND "PUBLIC
VENUE" IN SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90,
NO.21), KNOWN AS THE LIQUOR CODE, AMENDED NOVEMBER 15, 2016
(P.L.1286, NO.166), ARE AMENDED TO READ:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Alcoholic cider" shall mean a beverage which may contain
carbonation in an amount not to exceed six and four tenths grams
per liter, produced through alcoholic fermentation [of any fruit
or fruit juice], which is primarily derived from apples, apple
juice concentrate and water, pears or pear juice concentrate and
water, consisting of at least one-half of one per centum, but
not greater than eight and one-half per centum, alcohol by
volume and sold or offered for sale as alcoholic cider and not
as a wine, a wine product or as a substitute for wine, in
bottles, cases, kegs, cans or other suitable containers of the
type used for the sale of malt or brewed beverages in this
Commonwealth.
* * *
"PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION
CENTER, MUSEUM, ZOO, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE
PUBLIC VENUE IS A CRUISE TERMINAL OWNED OR LEASED BY A PORT
AUTHORITY CREATED UNDER THE ACT OF JUNE 12, 1931 (P.L.575,
NO.200), ENTITLED "AN ACT PROVIDING FOR JOINT ACTION BY
PENNSYLVANIA AND NEW JERSEY IN THE DEVELOPMENT OF THE PORTS ON
THE LOWER DELAWARE RIVER, AND THE IMPROVEMENT OF THE FACILITIES
FOR TRANSPORTATION ACROSS THE RIVER; AUTHORIZING THE GOVERNOR,
FOR THESE PURPOSES, TO ENTER INTO AN AGREEMENT WITH NEW JERSEY;
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CREATING THE DELAWARE RIVER JOINT COMMISSION AND SPECIFYING THE
POWERS AND DUTIES THEREOF, INCLUDING THE POWER TO FINANCE
PROJECTS BY THE ISSUANCE OF REVENUE BONDS; TRANSFERRING TO THE
NEW COMMISSION ALL THE POWERS OF THE DELAWARE RIVER BRIDGE JOINT
COMMISSION; AND MAKING AN APPROPRIATION," IT SHALL HAVE NO
PERMANENT SEATING REQUIREMENT. IF THE PUBLIC VENUE IS AN OPEN-
AIR AMPHITHEATER OWNED BY A PORT AUTHORITY CREATED UNDER THE ACT
OF DECEMBER 6, 1972 (P.L.1392, NO.298), KNOWN AS THE "THIRD
CLASS CITY PORT AUTHORITY ACT," IT SHALL HAVE NO PERMANENT
SEATING REQUIREMENT. IF THE PUBLIC VENUE IS OWNED BY A POLITICAL
SUBDIVISION, A MUNICIPAL AUTHORITY, THE COMMONWEALTH, AN
AUTHORITY CREATED UNDER THE ACT OF JULY 29, 1953 (P.L.1034,
NO.270), KNOWN AS THE "PUBLIC AUDITORIUM AUTHORITIES LAW," AN
AUTHORITY CREATED UNDER ARTICLE XXV-A OF THE ACT OF JULY 28,
1953 (P.L.723, NO.230), KNOWN AS THE "SECOND CLASS COUNTY CODE,"
AN ART MUSEUM ESTABLISHED UNDER THE AUTHORITY OF THE ACT OF
APRIL 6, 1791 (3 SM.L.20, NO.1536), ENTITLED "AN ACT TO CONFER
ON CERTAIN ASSOCIATIONS OF THE CITIZENS OF THIS COMMONWEALTH THE
POWERS AND IMMUNITIES OF CORPORATIONS, OR BODIES POLITIC IN
LAW," [OR] AN AUTHORITY CREATED UNDER ARTICLE XXIII (N) OR (O)
OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE
COUNTY CODE," OR IT IS LOCATED IN A NEIGHBORHOOD IMPROVEMENT
ZONE CREATED UNDER ARTICLE XIX-B OF THE ACT OF MARCH 4, 1971
(P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, LOCATED IN
A CITY OF THE THIRD CLASS, IT SHALL HAVE PERMANENT SEATING FOR
AT LEAST ONE THOUSAND (1,000) PEOPLE; OTHERWISE, IT SHALL HAVE
PERMANENT SEATING FOR AT LEAST TWO THOUSAND (2,000) PEOPLE. THE
TERM SHALL ALSO MEAN ANY REGIONAL HISTORY CENTER, MULTIPURPOSE
CULTURAL AND SCIENCE FACILITY, MUSEUM OR CONVENTION OR TRADE
SHOW CENTER, REGARDLESS OF OWNER AND SEATING CAPACITY, THAT HAS
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A FLOOR AREA OF AT LEAST SIXTY THOUSAND (60,000) SQUARE FEET IN
ONE BUILDING. THE TERM SHALL ALSO MEAN A CONVENTION OR
CONFERENCE CENTER OWNED BY A CITY OF THE THIRD CLASS OR A
UNIVERSITY WHICH IS A MEMBER OF THE PENNSYLVANIA STATE SYSTEM OF
HIGHER EDUCATION WHICH IS OPERATED BY A UNIVERSITY FOUNDATION OR
ALUMNI ASSOCIATION, REGARDLESS OF SEATING CAPACITY, THAT HAS A
FLOOR AREA OF AT LEAST FIFTEEN THOUSAND (15,000) SQUARE FEET IN
ONE BUILDING. THE TERM SHALL ALSO MEAN A VISITOR CENTER,
REGARDLESS OF FLOOR AREA OR SEATING CAPACITY, THAT WAS
ESTABLISHED UNDER THE AUTHORITY OF THE GATEWAY VISITOR CENTER
AUTHORIZATION ACT OF 1999 (PUBLIC LAW 106-131, 113 STAT. 1678,
16 U.S.C. ยง 407M).
* * *
SECTION 2. SECTION 408.12(6), (10), (11) AND (12) OF THE
ACT, AMENDED NOVEMBER 15, 2016 (P.L.1286, NO.166), ARE AMENDED
TO READ:
SECTION 408.12. WINE AND SPIRITS AUCTION PERMITS.--(A) UPON
APPLICATION OF:
* * *
(6) ANY [NATIONALLY RECOGNIZED] COMMUNITY-BASED VOLUNTARY
HEALTH ORGANIZATION COMMITTED TO FIGHTING CANCER [WHICH HAS BEEN
IN EXISTENCE FOR AT LEAST NINETY YEARS];
* * *
(10) INSTITUTION OF HIGHER EDUCATION; OR
(11) ANY NATIONALLY RECOGNIZED COMMUNITY-BASED HEALTH
ORGANIZATION COMMITTED TO FUNDING TYPE 1 DIABETES RESEARCH; [OR]
[(12) ANY NATIONALLY RECOGNIZED COMMUNITY-BASED VOLUNTARY
HEALTH ORGANIZATION COMMITTED TO FIGHTING CANCER WHICH HAS BEEN
IN EXISTENCE FOR AT LEAST TWENTY YEARS;]
AND UPON PAYMENT OF A FEE OF THIRTY DOLLARS ($30) PER DAY, THE
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BOARD SHALL ISSUE A WINE AND SPIRITS AUCTION PERMIT GOOD FOR A
PERIOD OF NOT MORE THAN FOUR CONSECUTIVE OR NONCONSECUTIVE DAYS
PER CALENDAR YEAR.
* * *
Section 2 3. This act shall take effect in 60 days.
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