PRIOR PRINTER'S NO. 2600 PRINTER'S NO. 3177
No. 1998 Session of 1997
INTRODUCED BY LEH, TRELLO, SEMMEL, M. COHEN, GODSHALL, LAUGHLIN,
TULLI, SCRIMENTI, WILT, McNAUGHTON, JOSEPHS AND ROSS,
NOVEMBER 25, 1997
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 16, 1998
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 secondary service areas of certain
18 licensees.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 406.1 of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14) and amended July 1, 1994 (P.L.402,
24 No.61), is amended to read:
25 Section 406.1. Secondary Service Area.--[Upon application of
1 any restaurant, hotel, club, any stadium as described in section
2 408.9 or municipal golf course liquor licensee, and payment of
3 the appropriate fee,] Upon application and payment of the
4 appropriate fee by any golf course licensee prescribed in
5 section 461, any class of retail licensee operating at and in
6 conjunction with a golf course as defined in section 102 or ski
7 facility, or any stadium as prescribed in section 408.9, the
8 board may approve a secondary service area by extending the
9 licensed premises to include one additional permanent structure
10 with dimensions of at least one hundred seventy-five square
11 feet, enclosed on at least three sides [and having adequate
12 seating]. Such secondary service area must be located on
13 property having a minimum area of one (1) acre, and must be on
14 land which is immediate, abutting, adjacent or contiguous to the
15 licensed premises [with no intervening public thoroughfare]. In
16 any stadium as described in section 408.9, only malt or brewed
17 beverages may be served and there shall be no intervening public
18 thoroughfare between the licensed premises and a secondary
19 service area. There shall be no requirement that the secondary
20 service area be physically connected to the original licensed
21 premises. In addition, there shall be no requirement that the
22 secondary service area be located in the same municipality as
23 the original licensed premises, provided, however, that the
24 board shall not approve a secondary service area in this case if
25 that secondary service area is located in any municipality where
26 the granting of liquor licenses has been prohibited as provided
27 in this article. Notwithstanding 40 Pa. Code § 7.21(c)(3), the
28 licensee shall be permitted to store, serve, sell or dispense
29 food, liquor and malt or brewed beverages at the board approved
30 secondary service area.
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1 SECTION 2. THE AMENDMENT OF SECTION 406.1 OF THE ACT <--
2 RELATING TO SECONDARY SERVICE AREAS SHALL ONLY APPLY TO
3 APPLICATIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS
4 SECTION.
5 Section 2 3. This act shall take effect immediately. <--
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