PRINTER'S NO. 2413
No. 1975 Session of 1981
INTRODUCED BY MARMION, FLECK, HEISER, WESTON, RASCO AND CESSAR,
OCTOBER 19, 1981
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 19, 1981
AN ACT
1 Authorizing certain municipalities to regulate certain
2 establishments which permit liquor to be consumed on the
3 premises.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Legislative intent.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby finds that many places of business permit patrons to
9 bring their own liquor onto the business premises and consume
10 the liquor. These places of business are not licensed or
11 regulated by the Pennsylvania Liquor Control Board. To place
12 these establishments under the supervision of the Pennsylvania
13 Liquor Control Board would increase an already overburdened
14 agency's workload. The General Assembly believes it would be in
15 the best interest of the people of this Commonwealth for the
16 supervision of these so called "bottle clubs" to be under local
17 municipal control.
18 Section 2. Definitions.
1 "Bottle club." A place of assembly owned, maintained or
2 leased by a person for profit in which no liquors are sold but
3 where patrons are permitted to bring liquor upon the premises
4 for their own use and consumption.
5 "Liquor." Includes any alcoholic, spirituous, vinous,
6 fermented or other alcoholic beverage, or combination of liquors
7 and mixed liquor a part of which is spirituous, vinous,
8 fermented or otherwise alcoholic, including all drinks or
9 drinkable liquids, preparations or mixtures, and reused,
10 recovered or redistilled denatured alcohol usable or taxable for
11 beverage purposes which contain more than one-half of one
12 percent of alcohol by volume, except pure ethyl alcohol and malt
13 or brewed beverages.
14 "Municipality." Any city, town, township, borough and any
15 home rule municipality. The term "municipality" shall not
16 include counties, home rule or otherwise.
17 "Person." Any individual, corporation, partnership,
18 association, company or any other entity, excluding any
19 political subdivision.
20 Section 3. Areas of regulation.
21 (a) Any municipality may adopt an ordinance pertaining to
22 the regulation of bottle clubs.
23 (b) If a municipality does enact an ordinance regulating
24 bottle clubs it may only regulate the operation of bottle clubs
25 in the following areas:
26 (1) hours of operation;
27 (2) quantities of liquor which may be brought onto the
28 premises;
29 (3) the amount of liquor which may be consumed by each
30 person or patron; and
19810H1975B2413 - 2 -
1 (4) requirement that food be served and available for
2 purchase.
3 Section 4. Fees.
4 If a municipality adopts an ordinance regulating bottle clubs
5 it may include a licensing requirement for which it may charge a
6 fee which shall be reasonably related to the cost of regulation.
7 Section 5. Effective date.
8 This act shall take effect immediately.
I30L47JLW/19810H1975B2413 - 3 -