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A01922
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 and for local
option.
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
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amended to read:
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,
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FOR THESE PURPOSES, TO ENTER INTO AN AGREEMENT WITH NEW JERSEY;
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
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SHOW CENTER, REGARDLESS OF OWNER AND SEATING CAPACITY, THAT HAS
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 Sections 408.12(6), (10), (11) AND (12)
and 472(a) 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;]
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AND UPON PAYMENT OF A FEE OF THIRTY DOLLARS ($30) PER DAY, THE
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 472. Local Option.--(a) In any municipality or any
part of a municipality where such municipality is split so that
each part thereof is separated by another municipality, an
election may be held, subject to subsection (c), not oftener
than once in four years, to determine the will of the electors
with respect to the granting of liquor licenses to hotels,
restaurants, resort facilities and clubs, not oftener than once
in four years, to determine the will of the electors with
respect to the granting of liquor licenses to public venues, to
performing arts facilities, to continuing care retirement
communities, to hotels located on property owned by an
accredited college or university, to privately-owned private
golf courses or to privately-owned public golf courses, not
oftener than once in four years, to determine the will of the
electors with respect to the granting of licenses to retail
dispensers of malt and brewed beverages, not oftener than once
in four years, to determine the will of the electors with
respect to granting of licenses to wholesale distributors and
importing distributors, not more than once in two years, to
determine the will of the electors with respect to the granting
of club liquor licenses or club retail dispenser licenses to
incorporated units of national veterans' organizations, not
oftener than once in two years to determine the will of the
electors with respect to the granting of special occasion
permits to qualified organizations, not more than once in four
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years, to determine the will of the electors with respect to the
establishment, operation and maintenance by the board of
Pennsylvania liquor stores, within the limits of such
municipality or part of a split municipality, or not more than
once in two years, to determine the will of the electors with
respect to the granting of liquor licenses to ski resort
facilities, under the provisions of this act: Provided, That an
election on the question of establishing and operating a State
liquor store shall be initiated only in those municipalities, or
that part of a split municipality that shall have voted against
the granting of liquor licenses; and that an election on the
question of granting wholesale distributor and importing
distributor licenses shall be initiated only in those
municipalities or parts of split municipalities that shall have
at a previous election voted against the granting of dispenser's
licenses. Whenever electors equal to at least twenty-five per
centum of the highest vote cast for any office in the
municipality or part of a split municipality at the last
preceding general election shall file a petition with the county
board of elections of the county for a referendum on the
question of granting any of said classes of licenses or the
establishment of Pennsylvania liquor stores, the said county
board of elections shall cause a question to be placed on the
ballots or on the voting machine board and submitted at any
election, except a special election. Separate petitions must be
filed for each question to be voted on. Said proceedings shall
be in the manner and subject to the provisions of the election
laws which relate to the signing, filing and adjudication of
nomination petitions, with respect to a question to be placed on
the ballot in a primary election, and nomination papers, with
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respect to a question to be placed on the ballot in a municipal
or general election, in each case insofar as such provisions are
applicable.
When the question is in respect to the granting of liquor
licenses, it shall be in the following form:
Do you favor the granting of liquor licenses for the
sale of liquor in......................................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to resort facilities in those municipalities that do
not already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to resort
facilities for the sale of liquor in the...............
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to ski resorts in those municipalities that do not
already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to ski
resort facilities for the sale of liquor in the
..................of ................................?
Yes
No
When the question is in respect to the granting of restaurant
liquor licenses for use at public venues in those municipalities
that do not already allow the retail sale of liquor, it shall be
in the following form:
Do you favor the granting of liquor licenses to public
venues for the sale of liquor in the...................
of....................................................?
Yes
No
When the question is in respect to the granting of restaurant
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liquor licenses for use at performing arts facilities in those
municipalities that do not already allow the retail sale of
alcohol, it shall be in the following form:
Do you favor the granting of liquor licenses to
performing arts facilities for the sale of liquor in
the...................................................
of...................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses for hotels located on property owned by an accredited
college or university in those municipalities that do not
already allow the granting of liquor licenses, it shall be in
the following form:
Do you favor the granting of liquor licenses to hotels
on property owned by an accredited college or
university in the.....................................
of...................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses, for privately-owned private golf courses, it shall be
in the following form:
Do you favor the granting of liquor licenses for
privately-owned private golf courses for the sale of
liquor in....................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses, for privately-owned public golf courses, it shall be
in the following form:
Do you favor the granting of liquor licenses for
privately-owned public golf courses for the sale of
liquor in....................by........................
of....................................................?
Yes
No
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When the question is in respect to the granting of liquor
licenses to continuing care retirement communities in those
municipalities that have not already approved the granting of
liquor licenses, it shall be in the following form:
Do you favor the granting of liquor licenses for
continuing care retirement communities
in...........................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of licenses
to retail dispensers of malt and brewed beverages, it shall be
in the following form:
Do you favor the granting of malt and brewed beverage
retail dispenser licenses for consumption on premises
where sold in the.....................................
of...................................................?
Yes
No
When the question is in respect to the granting of licenses
to wholesale distributors of malt or brewed beverages and
importing distributors, it shall be in the following form:
Do you favor the granting of malt and brewed beverage
wholesale distributor's and importing distributor's
licenses not for consumption on premises where sold in
the...................................................
of....................................................?
Yes
No
When the question is in respect to the granting of club
liquor licenses to incorporated units of national veterans'
organizations, it shall be in the following form:
Do you favor the granting of club liquor licenses to
incorporated units of national veterans' organizations
in the.................................................
of....................................................?
Yes
No
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When the question is in respect to the granting of club
retail dispenser licenses to incorporated units of national
veterans' organizations, it shall be in the following form:
Do you favor the granting of club retail dispenser
licenses to incorporated units of national veterans'
organizations in the...................................
of....................................................?
Yes
No
When the question is in respect to the granting of special
occasion permits allowing the sale of liquor by qualified
organizations in municipalities that do not already allow the
retail sale of liquor, it shall be in the following form:
Do you favor the granting of special occasion permits
to allow the sale of liquor by qualified organizations
in the.................................................
of....................................................?
Yes
No
When the question is in respect to the granting of special
occasion permits allowing the sale of malt or brewed beverages
only by qualified organizations in municipalities that do not
already allow the retail sale of malt or brewed beverages, it
shall be in the following form:
Do you favor the granting of special occasion permits
to allow the sale of malt or brewed beverages only by
qualified organizations in the.........................
of....................................................?
Yes
No
When the question is in respect to the establishment,
operation and maintenance of Pennsylvania liquor stores it shall
be in the following form:
Do you favor the establishment, operation and
maintenance of Pennsylvania liquor stores in
the................................................... Yes
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of...................................................? No
When the question is in respect to the granting of liquor
licenses to an airport authority in those municipalities that do
not already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to an
airport authority for the sale of liquor in
the...................................................
of...................................................?
Yes
No
In case of a tie vote, the status quo shall obtain. If a
majority of the voting electors on any such question vote "yes,"
then liquor licenses shall be granted by the board to hotels,
restaurants, ski resorts, resort facilities and clubs, or liquor
licenses shall be granted by the board to public venues, to
performing arts facilities, to continuing care retirement
communities, to hotels located on property owned by an
accredited college or university, to privately-owned private
golf courses or to privately-owned public golf courses, or malt
and brewed beverage retail dispenser licenses or wholesale
distributor's and importing distributor's license for the sale
of malt or brewed beverages shall be granted by the board, or
club liquor licenses or club retail dispenser licenses shall be
granted by the board to incorporated units of national veterans'
organizations, or special occasion permits may be issued to
qualified organizations, or the board may establish, operate and
maintain Pennsylvania liquor stores, as the case may be, in such
municipality or part of a split municipality, as provided by
this act; but if a majority of the electors voting on any such
question vote "no," then the board shall have no power to grant
or to renew upon their expiration any licenses of the class so
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voted upon in such municipality or part of a split municipality;
or if the negative vote is on the question in respect to the
establishment, operation and maintenance of Pennsylvania liquor
stores, the board shall not open and operate a Pennsylvania
liquor store in such municipality or part of a split
municipality, nor continue to operate a then existing
Pennsylvania liquor store in the municipality or part of a split
municipality for more than two years thereafter or after the
expiration of the term of the lease on the premises occupied by
such store, whichever period is less, unless and until at a
later election a majority of the voting electors vote "yes" on
such question.
* * *
Section 2 3. This act shall take effect in 60 days.
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