PRIOR PRINTER'S NO. 3251                      PRINTER'S NO. 3572

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2324 Session of 1984


        INTRODUCED BY RAPPAPORT AND FEE, JUNE 18, 1984

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           SEPTEMBER 25, 1984

                                     AN ACT

     1  Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
     2     act relating to alcoholic liquors, alcohol and malt and
     3     brewed beverages; amending, revising, consolidating and
     4     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 licenses for certain performing arts
    18     facilities; AND FURTHER PROVIDING FOR SPECIAL OCCASION         <--
    19     PERMITS.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22     Section 1.  Section 408.3(g.1) of the act of April 12, 1951
    23  (P.L.90, No.21), known as the Liquor Code, amended December 16,
    24  1982 (P.L.1359, No.311), is amended and subsections are added to
    25  read:


     1     Section 408.3.  Performing Arts Facilities.--* * *
     2     (a.2)  The board is authorized to approve the transfer of a
     3  restaurant license to one nonprofit corporation operating a
     4  theater for the performing arts in each city of the first class
     5  which has a seating capacity of at least two hundred fifty
     6  persons except where prohibited by local option for the retail
     7  sale of liquor and malt or brewed beverages by the glass, open
     8  bottle or other container or in any mixture for consumption in
     9  any such theater for the performing arts.
    10     * * *
    11     (g.1)  Sales by the holder of a performing arts facility
    12  license referred to in subsection (a.1) or (a.2) shall be
    13  further restricted to the period of time beginning one (1) hour
    14  before and ending one (1) hour after any presentation at the
    15  performing arts facility.
    16     * * *
    17     (j.2)  Performing arts facilities referred to in subsection
    18  (a.2) shall not be subject to the provisions of section 463 nor
    19  to the provision requiring a special permit for dancing,
    20  theatricals or floor shows of any sort, or moving pictures other
    21  than television in clause (10) of section 493 nor to provisions
    22  defining "restaurant" in section 102 of this act.
    23     * * *
    24     SECTION 2.  SECTION 408.4(C) OF THE ACT, AMENDED JULY 9, 1984  <--
    25  (P.L. 659, NO.137), IS AMENDED TO READ:
    26     SECTION 408.4.  SPECIAL OCCASION PERMITS.--* * *
    27     (C)  SUCH SPECIAL OCCASION PERMIT SHALL ONLY BE VALID FOR THE
    28  NUMBER OF DAYS STATED IN THE PERMIT. ONLY ONE PERMIT MAY BE
    29  ISSUED TO ANY PERMITTEE DURING THE YEAR. PROVIDED, THAT A MUSEUM
    30  OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
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     1  AND A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN A
     2  CITY OF THE THIRD CLASS MAY BE ISSUED NO MORE THAN SIX PERMITS
     3  DURING THE YEAR, EACH PERMIT BEING VALID FOR ONLY ONE DAY, OR IN
     4  THE ALTERNATIVE, ONE PERMIT VALID FOR NO MORE THAN A TOTAL OF
     5  TEN CONSECUTIVE DAYS PER YEAR[, WHICH MAY BE ISSUED ONLY DURING
     6  THE PERIOD FROM AUGUST 17 TO AUGUST 26, 1984].
     7     * * *
     8     Section 2 3.  This act shall take effect in 60 days.           <--















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