SENATE AMENDED
PRIOR PRINTER'S NOS. 915, 1485, 1688, PRINTER'S NO. 2384
2162, 2306, 2366
No. 782 Session of 2003
INTRODUCED BY RAYMOND, DONATUCCI, ALLEN, BARRAR, CASORIO,
DERMODY, FABRIZIO, GEIST, HARRIS, HENNESSEY, HERMAN, HORSEY,
LEDERER, McGEEHAN, R. MILLER, O'NEILL, PAYNE, RUBLEY,
SCRIMENTI, SOLOBAY, THOMAS, TIGUE, WASHINGTON, TURZAI,
YOUNGBLOOD, CIVERA, REICHLEY, JAMES, MELIO AND SAYLOR,
MARCH 10, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 8, 2003
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 definitions, for enforcement, FOR <--
18 MARKETING, for sales by Pennsylvania Liquor Stores, for sales
19 by liquor licensees and restrictions, for retail dispenser's
20 restrictions on purchases and sales, for unlawful acts
21 relative to liquor, alcohol and liquor licensees and for <--
22 permitting undesirable persons or minors to frequent
23 premises., FOR UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND <--
24 BREWED BEVERAGES AND LICENSEES, FOR RIGHTS OF MUNICIPALITIES <--
25 PRESERVED AND FOR LIMITED WINERIES.
26 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The definition of "eligible entity" in section <--
3 102 of the act of April 12, 1951 (P.L.90, No.21), known as the
4 Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
5 No.14), definition added December 9, 2002 (P.L.1653, No.212), is
6 amended and the section is amended by adding definitions to
7 read:
8 SECTION 1. THE DEFINITIONS OF "ELIGIBLE ENTITY" AND "PUBLIC <--
9 VENUE" IN SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90,
10 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
11 1987 (P.L.32, NO.14) AND AMENDED OR ADDED FEBRUARY 21, 2002
12 (P.L.103, NO.10) AND DECEMBER 9, 2002 (P.L.1653, NO.212), ARE
13 AMENDED TO READ:
14 Section 102. Definitions.--The following words or phrases,
15 unless the context clearly indicates otherwise, shall have the
16 meanings ascribed to them in this section:
17 * * *
18 "Eligible entity" shall mean a city of the third class, a
19 hospital, a church, a synagogue, a volunteer fire company, a
20 volunteer ambulance company, a volunteer rescue squad, a unit of
21 a nationally chartered club which has been issued a club liquor
22 license, a club in a city of the third class which has been
23 issued a club liquor license and which, as of December 31, 2002,
24 has been in existence for at least 100 years, a library, a
25 nationally accredited Pennsylvania nonprofit zoological
26 institution licensed by the United States Department of
27 Agriculture, a nonprofit agricultural association in existence
28 for at least ten years, a bona fide sportsmen's club in
29 existence for at least ten years, a nationally chartered
30 veterans' organization and any affiliated lodge or subdivision
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1 of such organization, a fraternal benefit society that is
2 licensed to do business in this Commonwealth and any affiliated
3 lodge or subdivision of such fraternal benefit society, a museum
4 operated by a nonprofit corporation in a city of the third class
5 or township of the first class, a nonprofit corporation engaged
6 in the performing arts in a city of the third class or in an
7 incorporated town, an arts council, a nonprofit corporation that
8 operates an arts facility or museum in a city of the third class
9 in the county of the fourth class, a nonprofit organization as
10 defined under section 501(c)(3) of the Internal Revenue Code of
11 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is
12 to protect the architectural heritage of boroughs and which has
13 been recognized as such by a municipal resolution, or a
14 nonprofit organization as defined under section 501(c)(3) of the
15 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
16 501(c)(3)) conducting a regatta in a city of the second class
17 with the permit to be used on State park grounds or conducting a
18 family-oriented celebration as part of Welcome America in a city
19 of the first class on property leased from that city for more
20 than fifty years.
21 * * *
22 "Proper supervision" shall mean a person twenty-five years of <--
23 age or older, who is directly responsible for the care and
24 conduct of a minor or minors while on the licensed premises, and
25 who keeps the minor or minors within his or her sight or
26 hearing. If the licensee, an employe of a licensee or anyone
27 else paid by the licensee is performing as proper supervisor
28 then that person may not perform any other employment-related
29 duties; otherwise proper supervision shall consist of unpaid
30 volunteers.
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1 * * *
2 "Social gathering" shall mean events marketed to or catering
3 to minors in whole or in part for which proper notice has been
4 provided to the Bureau of Enforcement and at which time no
5 alcohol is served and all alcohol is removed or secured by lock
6 and key at the licensed premises.
7 "PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION <--
8 CENTER, MUSEUM, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE PUBLIC
9 VENUE IS A CRUISE TERMINAL OWNED OR LEASED BY A PORT AUTHORITY
10 CREATED UNDER THE ACT OF JUNE 12, 1931 (P.L.575, NO.200),
11 ENTITLED "AN ACT PROVIDING FOR JOINT ACTION BY PENNSYLVANIA AND
12 NEW JERSEY IN THE DEVELOPMENT OF THE PORTS ON THE LOWER DELAWARE
13 RIVER, AND THE IMPROVEMENT OF THE FACILITIES FOR TRANSPORTATION
14 ACROSS THE RIVER; AUTHORIZING THE GOVERNOR, FOR THESE PURPOSES,
15 TO ENTER INTO AN AGREEMENT WITH NEW JERSEY; CREATING THE
16 DELAWARE RIVER JOINT COMMISSION AND SPECIFYING THE POWERS AND
17 DUTIES THEREOF, INCLUDING THE POWER TO FINANCE PROJECTS BY THE
18 ISSUANCE OF REVENUE BONDS; TRANSFERRING TO THE NEW COMMISSION
19 ALL THE POWERS OF THE DELAWARE RIVER BRIDGE JOINT COMMISSION;
20 AND MAKING AN APPROPRIATION," IT SHALL HAVE NO PERMANENT SEATING
21 REQUIREMENT. IF THE PUBLIC VENUE IS AN OPEN-AIR AMPHITHEATER
22 OWNED BY A PORT AUTHORITY CREATED UNDER THE ACT OF DECEMBER 6,
23 1972 (P.L.1392, NO.298), KNOWN AS THE "THIRD CLASS CITY PORT
24 AUTHORITY ACT," IT SHALL HAVE NO PERMANENT SEATING REQUIREMENT.
25 IF THE PUBLIC VENUE IS OWNED BY A POLITICAL SUBDIVISION, A
26 MUNICIPAL AUTHORITY, THE COMMONWEALTH, AN AUTHORITY CREATED
27 UNDER THE ACT OF JULY 29, 1953 (P.L.1034, NO.270), KNOWN AS THE
28 "PUBLIC AUDITORIUM AUTHORITIES LAW," AN AUTHORITY CREATED UNDER
29 ARTICLE XXV-A OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230),
30 KNOWN AS THE "SECOND CLASS COUNTY CODE," AN ART MUSEUM
20030H0782B2384 - 4 -
1 ESTABLISHED UNDER THE AUTHORITY OF THE ACT OF APRIL 6, 1791 (3
2 SM.L.20, NO.1536), ENTITLED "AN ACT TO CONFER ON CERTAIN
3 ASSOCIATIONS OF THE CITIZENS OF THIS COMMONWEALTH THE POWERS AND
4 IMMUNITIES OF CORPORATIONS, OR BODIES POLITIC IN LAW," OR AN
5 AUTHORITY CREATED UNDER ARTICLE XXIII (N) OR (O) OF THE ACT OF
6 AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE COUNTY CODE," IT
7 SHALL HAVE PERMANENT SEATING FOR AT LEAST ONE THOUSAND (1,000)
8 PEOPLE; OTHERWISE, IT SHALL HAVE PERMANENT SEATING FOR AT LEAST
9 THREE THOUSAND (3,000) PEOPLE. THE TERM SHALL ALSO MEAN ANY
10 REGIONAL HISTORY CENTER, MULTIPURPOSE CULTURAL AND SCIENCE
11 FACILITY OR MUSEUM, REGARDLESS OF OWNER AND SEATING CAPACITY,
12 THAT HAS A FLOOR AREA OF AT LEAST SIXTY THOUSAND (60,000) SQUARE
13 FEET IN ONE BUILDING. THE TERM SHALL ALSO MEAN A CONVENTION OR
14 CONFERENCE CENTER OWNED BY A CITY OF THE THIRD CLASS, REGARDLESS
15 OF SEATING CAPACITY, THAT HAS A FLOOR AREA OF AT LEAST FIFTEEN
16 THOUSAND (15,000) SQUARE FEET IN ONE BUILDING.
17 * * *
18 Section 2. Section 211 of the act is amended by adding a <--
19 subsection to read:
20 Section 211. Enforcement.--* * *
21 (f) Each year, the Pennsylvania State Police shall include
22 with its application to the General Assembly for annual funding
23 for the enforcement bureau, the following:
24 (1) A complete audit of all expenditures of the enforcement
25 bureau for the period of one year prior to the request for
26 funds.
27 (2) A projected budget of expenses for the coming one-year
28 period.
29 (3) A review of the content of the enforcement bureau's
30 force of civilian officers, as it relates to its multiracial and
20030H0782B2384 - 5 -
1 bilingual characteristics.
2 Section 3. Section 305(a) and (h) of the act, amended
3 February 21, 2002 (P.L.103, No.10) and December 9, 2002
4 (P.L.1653, No.212), are amended to read:
5 Section 305. Sales by Pennsylvania Liquor Stores.--(a)
6 [Every Pennsylvania Liquor Store shall keep in stock for sale
7 such classes, varieties and brands of liquor and alcohol as the
8 board shall prescribe. Every Pennsylvania Liquor Store shall be
9 authorized to sell combination packages. If any person shall
10 desire to purchase any class, variety or brand of liquor or
11 alcohol which any such store does not have in stock, it shall be
12 the duty of such store immediately to order the same upon the
13 payment of a reasonable deposit by the purchaser in such
14 proportion of the approximate cost of the order as shall be
15 prescribed by the regulations of the board. No purchaser may be
16 required to purchase more than two bottles or containers of the
17 product, provided that such product is available through the
18 State store system.] The board shall in its discretion determine
19 where and what classes, varieties and brands of liquor and
20 alcohol it shall make available to the public and where such
21 liquor and alcohol will be sold. If a person desires to purchase
22 a class, variety or brand of liquor or alcohol not currently
23 available from the board, he or she may place a special order
24 for such item so long as the order is for two or more bottles.
25 The board may require a reasonable deposit from the purchaser as
26 a condition for accepting the order. The customer shall be
27 notified immediately upon the arrival of the goods.
28 In computing the retail price of such special orders for
29 liquor or alcohol, the board shall not include the cost of
30 freight or shipping before applying the mark-up and taxes but
20030H0782B2384 - 6 -
1 shall add the freight or shipping charges to the price after the
2 mark-up and taxes have been applied.
3 Unless the customer pays for and accepts delivery of any such
4 special order within ten days after notice of arrival, the store
5 may place it in stock for general sale and the customer's
6 deposit shall be forfeited.
7 * * *
8 (h) Every Pennsylvania Liquor Store shall sell gift
9 certificates which may be redeemed for liquor. In addition, the
10 board may sell corkscrews, wine accessories, trade publications
11 and wine sleeves at Pennsylvania Liquor Stores.
12 SECTION 2. SECTIONS 211 AND 215 OF THE ACT ARE AMENDED BY <--
13 ADDING SUBSECTIONS TO READ:
14 SECTION 211. ENFORCEMENT.--* * *
15 (F) IN ADDITION TO THE INFORMATION PROVIDED TO THE GENERAL
16 ASSEMBLY UNDER SECTION 613 AND THE LEGISLATIVE DATA PROCESSING <--
17 CENTER UNDER SECTIONS 613 AND 614 OF THE ACT OF APRIL 9, 1929
18 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929,"
19 RESPECTIVELY, THE PENNSYLVANIA STATE POLICE SHALL PROVIDE TO THE <--
20 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
21 OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
22 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES ANY
23 OTHER INFORMATION AS REQUESTED. THE PENNSYLVANIA STATE POLICE
24 SHALL ALSO PROVIDE:
25 (1) A COPY OF THE MOST RECENTLY COMPLETED AUDIT OF
26 EXPENDITURES OF THE ENFORCEMENT BUREAU; AND
27 (2) A REPORT DETAILING THE DEMOGRAPHIC CHARACTERISTICS OF
28 THE BUREAU'S COMPLEMENT OF CIVILIAN OFFICERS. SUCH REPORT SHALL
29 INCLUDE INFORMATION RELATING TO WORKPLACE DIVERSITY AS CONTAINED
30 IN SECTION TWO OF THE GOVERNOR'S ANNUAL WORKFORCE REPORT
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1 RELATING TO EQUAL EMPLOYMENT.
2 SECTION 215. WINE MARKETING.--* * *
3 (E) THE BOARD IS AUTHORIZED TO PARTICIPATE IN OR SPONSOR
4 WINE EVENTS FOR THE PURPOSE OF EDUCATING CONSUMERS AS TO THE
5 WINES AVAILABLE IN THIS COMMONWEALTH. THE WINE TO BE USED FOR
6 THE EVENT MAY BE ACQUIRED THROUGH THE STATE STORE SYSTEM OR MAY
7 BE DONATED FROM OUTSIDE THIS COMMONWEALTH. PARTICIPATION IN THE
8 TASTINGS MAY BE CONDITIONED ON THE PURCHASE OF A TICKET TO THE
9 EVENT. THE EVENT MAY INCLUDE EVENTS OCCURRING ON THE PREMISES <--
10 ALREADY PREMISES LICENSED BY THE BOARD, AND THE BOARD MAY SELL <--
11 WINE FOR OFF-PREMISES CONSUMPTION IN AN AREA DESIGNATED BY THE
12 BOARD FOR SUCH SALE.
13 SECTION 3. SECTION 305(D) AND (H) OF THE ACT, AMENDED
14 DECEMBER 9, 2002 (P.L.1653, NO.212) AND MAY 8, 2003 (P.L.1,
15 NO.1), ARE AMENDED TO READ:
16 SECTION 305. SALES BY PENNSYLVANIA LIQUOR STORES.--* * *
17 (D) NO LIQUOR OR ALCOHOL PACKAGE SHALL BE OPENED ON THE
18 PREMISES OF A PENNSYLVANIA LIQUOR STORE. NO MANAGER OR OTHER
19 EMPLOYE OF THE BOARD EMPLOYED IN A PENNSYLVANIA LIQUOR STORE
20 SHALL ALLOW ANY LIQUOR OR ALCOHOL TO BE CONSUMED ON THE STORE
21 PREMISES, NOR SHALL ANY PERSON CONSUME ANY LIQUOR OR ALCOHOL ON
22 SUCH PREMISES, EXCEPT LIQUOR AND ALCOHOL WHICH IS PART OF A
23 TASTING CONDUCTED PURSUANT TO THE BOARD'S REGULATIONS. SUCH
24 TASTINGS MAY ALSO BE CONDUCTED IN ANY BUILDING USED BY THE <--
25 BOARD. THE BOARD'S HEADQUARTERS OR REGIONAL OFFICES. <--
26 * * *
27 (H) EVERY PENNSYLVANIA LIQUOR STORE SHALL SELL GIFT
28 CERTIFICATES WHICH MAY BE REDEEMED FOR LIQUOR. IN ADDITION, THE
29 BOARD MAY SELL CORKSCREWS, WINE AND LIQUOR ACCESSORIES, TRADE
30 PUBLICATIONS AND WINE SLEEVES AT PENNSYLVANIA LIQUOR STORES.
20030H0782B2384 - 8 -
1 Section 4. Section 406(a)(1) of the act, amended December 9,
2 2002 (P.L.1653, No.212), is amended to read:
3 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
4 (1) Every hotel, restaurant or club liquor licensee may sell
5 liquor and malt or brewed beverages by the glass, open bottle or
6 other container, and in any mixture, for consumption only in
7 that part of the hotel or restaurant habitually used for the
8 serving of food to guests or patrons, or in a bowling alley that
9 is immediately adjacent to and under the same roof as a
10 restaurant [when no minors are present, unless minors who are
11 present are under proper supervision as defined in section 493,
12 in the bowling alley], and in the case of hotels, to guests, and
13 in the case of clubs, to members, in their private rooms in the
14 hotel or club. No club licensee nor its officers, servants,
15 agents or employes, other than one holding a catering license,
16 shall sell any liquor or malt or brewed beverages to any person
17 except a member of the club. The holder of a restaurant license
18 located in a hotel may sell liquor or malt or brewed beverages
19 for consumption in that part of the restaurant habitually used
20 for the serving of meals to patrons and also to guests in
21 private guest rooms in the hotel. For the purpose of this
22 paragraph, any person who is an active member of another club
23 which is chartered by the same state or national organization
24 shall have the same rights and privileges as members of the
25 particular club. For the purpose of this paragraph, any person
26 who is an active member of any volunteer firefighting company,
27 association or group of this Commonwealth, whether incorporated
28 or unincorporated, shall upon the approval of any club composed
29 of volunteer firemen licensed under this act, have the same
30 social rights and privileges as members of such licensed club.
20030H0782B2384 - 9 -
1 For the purposes of this paragraph, the term "active member"
2 shall not include a social member. Any club licensee which is
3 either an incorporated unit of a national veterans' organization
4 or an affiliated organization as defined in section 461.1 shall
5 be permitted to sell liquor or malt or brewed beverages to any
6 active member of another unit which is chartered by the same
7 national veterans' organization or to any member of a nationally
8 chartered auxiliary associated with the same national veterans'
9 organization.
10 * * *
11 Section 5. Section 440 of the act, amended May 31, 1996
12 (P.L.312, No.49), is amended to read:
13 Section 440. Sales by Manufacturers of Malt or Brewed
14 Beverages; Minimum Quantities.--No manufacturer shall sell any
15 malt or brewed beverages for consumption on the premises where
16 sold, nor sell or deliver any such malt or brewed beverages in
17 other than original containers approved as to capacity by the
18 board, nor in quantities of less than a case or original
19 containers containing [one hundred twenty-eight] sixty-four
20 ounces or more which may be sold separately; nor shall any
21 manufacturer maintain or operate within the Commonwealth any
22 place or places other than the place or places covered by his or
23 its license where malt or brewed beverages are sold or where
24 orders are taken.
25 Section 6. Sections 442(b) and 491(6) of the act are amended
26 to read:
27 Section 442. Retail Dispensers' Restrictions on Purchases
28 and Sales.--* * *
29 (b) No retail dispenser shall sell any malt or brewed
30 beverages for consumption on the licensed premises except in a
20030H0782B2384 - 10 -
1 room or rooms or place on the licensed premises at all times
2 accessible to the use and accommodation of the general public,
3 but this section shall not be interpreted to prohibit a retail
4 dispenser from selling malt or brewed beverages in a hotel or
5 club house in any room of such hotel or club house occupied by a
6 bona fide registered guest or member entitled to purchase the
7 same or to prohibit a retail dispenser from selling malt or
8 brewed beverages in a bowling alley [when no minors are present,
9 unless minors who are present are under proper supervision as
10 defined in section 493,] where the licensed premises and bowling
11 alley are immediately adjacent and under the same roof.
12 * * *
13 Section 491. Unlawful Acts Relative to Liquor, Alcohol and
14 Liquor Licensees.--
15 It shall be unlawful--
16 * * *
17 (6) Sales by Restaurant and Hotel Liquor Licensees. For any
18 restaurant or hotel licensee, his servants, agents or employes,
19 to sell any liquor or malt or brewed beverages for consumption
20 on the licensed premises except in a room or rooms or place on
21 the licensed premises at all times accessible to the use and
22 accommodation of the general public, but this section shall not
23 be interpreted to prohibit a restaurant liquor licensee from
24 providing private affairs the primary function of which is for
25 catering only to weddings or special occasions arranged twenty-
26 four hours in advance, nor to prohibit a hotel licensee, or a
27 restaurant licensee when the restaurant is located in a hotel,
28 from selling liquor or malt or brewed beverages in any room of
29 such hotel occupied by a bona fide guest or to prohibit a
30 restaurant licensee from selling liquor or malt or brewed
20030H0782B2384 - 11 -
1 beverages in a bowling alley [when no minors are present] where
2 the restaurant and bowling alley are immediately adjacent and
3 under the same roof.
4 * * *
5 Section 7. Section 493(14) of the act, amended December 9, <--
6 2002 (P.L.1653, No.212), is amended to read:
7 Section 493. Unlawful Acts Relative to Liquor, Malt and
8 Brewed Beverages and Licensees.--The term "licensee," when used
9 in this section, shall mean those persons licensed under the
10 provisions of Article IV, unless the context clearly indicates
11 otherwise.
12 It shall be unlawful--
13 * * *
14 (14) Permitting Undesirable Persons or Minors to Frequent
15 Premises. For any hotel, restaurant or club liquor licensee, or
16 any retail dispenser, his servants, agents or employes, to
17 permit persons of ill repute[,] or prostitutes [or minors] to
18 frequent his licensed premises or any premises operated in
19 connection therewith.[, except minors accompanied by parents,
20 guardians, or under proper supervision or except minors who
21 frequent any restaurant or retail dispensing licensee whose
22 sales of food and non-alcoholic beverages are equal to fifty per
23 centum or more of the combined gross sales of both food and
24 alcoholic beverages on the condition that alcoholic beverages
25 may not be served at the table or booth at which the said minor
26 is seated at the time (unless said minor is under proper
27 supervision as hereinafter defined) and on the further condition
28 that only table service of alcoholic beverages or take-out
29 service of beer shall be permitted in the room wherein the minor
30 is located: Provided, however, That it shall not be unlawful for
20030H0782B2384 - 12 -
1 any hotel, restaurant or club liquor licensee or any retail
2 dispenser to permit minors under proper supervision upon the
3 licensed premises or any premises operated in connection
4 therewith for the purpose of a social gathering, even if such
5 gathering is exclusively for minors: And provided further, That
6 no liquor shall be sold, furnished or given to such minors nor
7 shall the licensee knowingly permit any liquor or malt or brewed
8 beverages to be sold, furnished or given to or be consumed by
9 any minor, and the area of such gathering shall be segregated
10 from the remainder of the licensed premises. In the event the
11 area of such gathering cannot be segregated from the remainder
12 of the licensed premises, all alcoholic beverages must be either
13 removed from the licensed premises or placed under lock and key
14 during the time the gathering is taking place. Written notice,
15 at least forty-eight (48) hours in advance of such gathering,
16 shall be given to the enforcement bureau. Any licensee violating
17 the provisions of this clause shall be subject to the provisions
18 of section 471. Nothing in this clause shall be construed to
19 make it unlawful for minors to frequent public venues or
20 performing arts facilities.
21 "Proper supervision," as used in this clause, means the
22 presence, on that portion of the licensed premises where a minor
23 or minors are present, of one person twenty-five years of age or
24 older for every five minors or part thereof who is directly
25 responsible for the care and conduct of such minor or minors
26 while on the licensed premises and in such proximity that the
27 minor or minors are constantly within his sight or hearing. The
28 presence of the licensee or any employe or security officer of
29 the licensee shall not constitute proper supervision.] Minors
30 may only frequent licensed premises if; (a) they are
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1 accompanied by a parent; (b) they are accompanied by a legal
2 guardian; (c) they are under proper supervision; (d) they are
3 attending a social gathering; or (e) the hotel, restaurant or
4 retail dispenser licensee has gross sales of food and
5 nonalcoholic beverages equal to fifty per centum or more of its
6 combined gross sale of both food and alcoholic beverages. If a
7 minor is frequenting a hotel, restaurant or retail dispenser
8 licensee under subsection (e), then the minor may not sit at the
9 bar section of the premises, nor may any alcoholic beverages be
10 served at the table or booth at which the said minor is seated,
11 unless said minor is with a parent, legal guardian or under
12 proper supervision. Further, if a hotel, restaurant, club liquor
13 licensee or retail dispenser is hosting a social gathering under
14 subsection (d) then written notice at least forty-eight hours in
15 advance of such gathering shall be given to the Bureau of
16 Enforcement. If a minor is frequenting licensed premises with
17 proper supervision under subsection (c), each supervisor can
18 supervise up to twenty minors, except for premises located in
19 cities of the first class, where each supervisor can supervise
20 up to five minors. Notwithstanding any other provisions of this
21 section, if the minors are on the premises as part of a school-
22 endorsed function, then each supervisor can supervise fifty
23 minors. Nothing in this clause shall be construed to make it
24 unlawful for minors to frequent public venues or performing arts
25 facilities.
26 SECTION 7. SECTION 493 OF THE ACT IS AMENDED BY ADDING A <--
27 CLAUSE TO READ:
28 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
29 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
30 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
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1 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
2 OTHERWISE.
3 IT SHALL BE UNLAWFUL--
4 * * *
5 (29) FURNISHING FREE LIQUOR OR MALT OR BREWED BEVERAGES. FOR
6 ANY LICENSEE THAT HAS OBTAINED A LICENSE TO CONDUCT THOROUGHBRED
7 OR HARNESS HORSE RACE MEETINGS RESPECTIVELY WITH PARI-MUTUEL
8 WAGERING FROM EITHER THE STATE HORSE RACING COMMISSION OR THE
9 STATE HARNESS RACING COMMISSION PURSUANT TO THE ACT OF DECEMBER
10 17, 1981 (P.L.435, NO.135), KNOWN AS THE "RACE HORSE INDUSTRY
11 REFORM ACT," AND THAT HAS OBTAINED A SLOT MACHINE LICENSE, OR
12 ANY EMPLOYE, SERVANT OR AGENT OF SUCH LICENSEE TO GIVE AWAY FREE
13 OF CHARGE OR BELOW COST ANY LIQUOR OR MALT OR BREWED BEVERAGE AS <--
14 A CUSTOMARY PRACTICE.
15 SECTION 7 8. SECTION 493.1(B) OF THE ACT, AMENDED DECEMBER <--
16 9, 2002 (P.L.1653, NO.212), IS AMENDED AND THE SECTION IS
17 AMENDED BY ADDING A SUBSECTION TO READ:
18 SECTION 493.1. RIGHTS OF MUNICIPALITIES PRESERVED.--* * *
19 (B) A MUNICIPALITY MAY FILE [AN APPLICATION] A PETITION WITH
20 THE BOARD [TO CONSIDER] FOR AN EXEMPTION FROM THE BOARD'S <--
21 REGULATIONS REGARDING AMPLIFIED MUSIC BEING HEARD OFF THE
22 LICENSED PREMISES FOR ALL THE LICENSEES WITHIN AN IDENTIFIABLE
23 AREA IN THE MUNICIPALITY [WITH A CONCENTRATED NUMBER OF
24 LICENSEES]. PRIOR TO SUBMITTING [AN APPLICATION] A PETITION, THE
25 MUNICIPALITY SHALL ADOPT A LOCAL NOISE ORDINANCE AND A
26 RESOLUTION ADOPTED BY ITS GOVERNING BODY CONFIRMING SUPPORT OF
27 THE [APPLICATION] PETITION, CITING THE NOISE ORDINANCE AND
28 [THEIR] ITS INTENTION TO ENFORCE THE ORDINANCE IN PLACE OF THE
29 BOARD'S REGULATIONS. UPON RECEIPT OF [AN APPLICATION] A
30 PETITION, INCLUDING A COPY OF THE NOISE ORDINANCE, A MAP OF THE
20030H0782B2384 - 15 -
1 AREA TO BE EXEMPTED AND RESOLUTION, THE BOARD SHALL HOLD AT
2 LEAST ONE (1) PUBLIC HEARING ON THE [APPLICATION] PETITION. THE
3 HEARING MAY BE HELD BEFORE A HEARING EXAMINER. THE HEARING SHALL
4 TAKE PLACE WITHIN THE IDENTIFIED AREA AND MUST COMPLY WITH [ALL]
5 THE NOTICE, RECORDING AND PUBLIC PARTICIPATION REQUIREMENTS OF
6 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS). WITHIN SIXTY (60)
7 DAYS AFTER RECEIPT OF THE [APPLICATION] PETITION, THE BOARD
8 SHALL[, IN ITS DISCRETION, APPROVE OR DISAPPROVE THE
9 APPLICATION] DISAPPROVE THE PETITION FOR AN EXEMPTION IN ITS
10 ENTIRETY OR MAY APPROVE AN AREA MORE LIMITED FOR WHICH THE
11 EXEMPTION WILL BE GRANTED[.] IF THE BOARD FINDS THAT GRANTING
12 THE PETITION SHALL HAVE AN ADVERSE EFFECT ON THE WELFARE,
13 HEALTH, PEACE AND MORALS OF THE RESIDENTS LIVING IN THE VICINITY
14 OF THE IDENTIFIABLE OR PROPOSED IDENTIFIED AREA; OTHERWISE, THE <--
15 BOARD SHALL APPROVE THE PETITION. THE BOARD MAY PLACE ADDITIONAL
16 CONDITIONS ON ITS APPROVAL SUCH AS LIMITING THE DURATION OF THE
17 APPROVAL AND ANY OTHER CONDITION THE BOARD DEEMS APPROPRIATE.
18 THERE SHALL BE A RIGHT TO APPEAL TO THE COURT OF COMMON PLEAS IN
19 THE SAME MANNER AS PROVIDED BY THIS ACT FOR APPEALS FROM
20 REFUSALS TO GRANT LICENSES.
21 (C) A MUNICIPALITY MAY RESCIND ANY EXISTING EXEMPTION FROM
22 THE BOARD'S REGULATIONS REGARDING AMPLIFIED MUSIC BY NOTIFYING
23 THE BOARD OF ITS INTENT TO DO SO IN WRITING, FIFTEEN (15) DAYS
24 PRIOR TO THE RESCISSION DATE. SUCH NOTICE MUST BE ACCOMPANIED BY
25 AN ORDINANCE OR RESOLUTION AUTHORIZING THE REQUEST RESCISSION. A <--
26 RESCISSION OF AN EXISTING EXEMPTION WHICH DOES NOT RESCIND THE
27 ENTIRE EXEMPTED AREA SHALL BE TREATED AS A NEW APPLICATION <--
28 PETITION FOR EXEMPTION WITH THE BOARD AND SHALL FOLLOW THE <--
29 PROCEDURES SET FORTH IN SUBSECTION (B).
30 SECTION 8 9. SECTION 505.2(4) OF THE ACT, AMENDED NOVEMBER <--
20030H0782B2384 - 16 -
1 10, 1999 (P.L.514, NO.47), IS AMENDED TO READ:
2 SECTION 505.2. LIMITED WINERIES.--IN THE INTEREST OF
3 PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA,
4 HOLDERS OF A LIMITED WINERY LICENSE MAY:
5 * * *
6 (4) AT THE DISCRETION OF THE BOARD, OBTAIN A SPECIAL PERMIT
7 TO PARTICIPATE IN ALCOHOLIC CIDER, WINE AND FOOD EXPOSITIONS OFF
8 THE LICENSED PREMISES. A SPECIAL PERMIT SHALL BE ISSUED UPON
9 PROPER APPLICATION AND PAYMENT OF A FEE OF THIRTY DOLLARS ($30)
10 PER DAY FOR EACH DAY OF PERMITTED USE, NOT TO EXCEED FIVE (5)
11 CONSECUTIVE DAYS. THE TOTAL NUMBER OF DAYS FOR ALL THE SPECIAL
12 PERMITS MAY NOT EXCEED [TWENTY (20)] FORTY (40) DAYS IN ANY
13 CALENDAR YEAR. A SPECIAL PERMIT SHALL ENTITLE THE HOLDER TO
14 ENGAGE IN THE SALE OF ALCOHOLIC CIDER OR WINE PRODUCED BY THE
15 BOTTLE OR IN CASE LOTS BY THE PERMITTEE UNDER THE AUTHORITY OF A
16 LIMITED WINERY LICENSE. HOLDERS OF SPECIAL PERMITS MAY PROVIDE
17 TASTING SAMPLES OF WINES IN INDIVIDUAL PORTIONS NOT TO EXCEED
18 ONE FLUID OUNCE. SAMPLES AT ALCOHOLIC CIDER, WINE AND FOOD
19 EXPOSITIONS MAY BE SOLD OR OFFERED FREE OF CHARGE. EXCEPT AS
20 PROVIDED HEREIN, LIMITED WINERIES UTILIZING SPECIAL PERMITS
21 SHALL BE GOVERNED BY ALL APPLICABLE PROVISIONS OF THIS ACT AS
22 WELL AS BY ALL APPLICABLE REGULATIONS OR CONDITIONS ADOPTED BY
23 THE BOARD.
24 FOR THE PURPOSES OF THIS CLAUSE, "ALCOHOLIC CIDER, WINE AND
25 FOOD EXPOSITIONS" ARE DEFINED AS AFFAIRS HELD INDOORS OR
26 OUTDOORS WITH THE PRIMARY INTENT OF EDUCATING THOSE IN
27 ATTENDANCE OF THE AVAILABILITY, NATURE AND QUALITY OF
28 PENNSYLVANIA-PRODUCED ALCOHOLIC CIDERS AND WINES IN CONJUNCTION
29 WITH SUITABLE FOOD DISPLAYS, DEMONSTRATIONS AND SALES. ALCOHOLIC
30 CIDER, WINE AND FOOD EXPOSITIONS MAY ALSO INCLUDE ACTIVITIES
20030H0782B2384 - 17 -
1 OTHER THAN ALCOHOLIC CIDER, WINE AND FOOD DISPLAYS, INCLUDING
2 ARTS AND CRAFTS, MUSICAL ACTIVITIES, CULTURAL EXHIBITS,
3 AGRICULTURAL EXHIBITS AND SIMILAR ACTIVITIES.
4 * * *
5 Section 8 9 10. This act shall take effect as follows: <--
6 (1) The addition of section 211(f) of the act shall take
7 effect in 60 days.
8 (2) The remainder of this act shall take effect
9 immediately.
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