SENATE AMENDED
PRIOR PRINTER'S NOS. 2811, 3910 PRINTER'S NO. 4072
No. 2105 Session of 2003
INTRODUCED BY MARSICO, CIVERA, DENLINGER, FABRIZIO, HARHAI,
HENNESSEY, O'NEILL, SAINATO, TIGUE, WILT AND YOUNGBLOOD,
OCTOBER 16, 2003
SENATOR CONTI, LAW AND JUSTICE, IN SENATE, AS AMENDED,
JUNE 15, 2004
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 defining "public venue"; and further providing for <--
18 unlawful acts relative to liquor, malt and brewed beverages
19 and licensees; AND PROVIDING FOR DISTILLERIES. <--
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "public venue" in section 102
23 of the act of April 12, 1951 (P.L.90, No.21), known as the
24 Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
25 and amended July 17, 2003 (P.L.63, No.15), is amended to read:
1 Section 102. Definitions.--The following words or phrases,
2 unless the context clearly indicates otherwise, shall have the
3 meanings ascribed to them in this section:
4 * * *
5 "Public venue" shall mean a stadium, arena, convention center
6 with permanent seating, museum, amphitheater or similar
7 structure. If the public venue is a cruise terminal owned or
8 leased by a port authority created under the act of June 12,
9 1931 (P.L.575, No.200), entitled "An act providing for joint
10 action by Pennsylvania and New Jersey in the development of the
11 ports on the lower Delaware River, and the improvement of the
12 facilities for transportation across the river; authorizing the
13 Governor, for these purposes, to enter into an agreement with
14 New Jersey; creating The Delaware River Joint Commission and
15 specifying the powers and duties thereof, including the power to
16 finance projects by the issuance of revenue bonds; transferring
17 to the new commission all the powers of the Delaware River
18 Bridge Joint Commission; and making an appropriation," it shall
19 have no permanent seating requirement. If the public venue is an
20 open-air amphitheater owned by a port authority created under
21 the act of December 6, 1972 (P.L.1392, No.298), known as the
22 "Third Class City Port Authority Act," it shall have no
23 permanent seating requirement. If the public venue is owned by a
24 political subdivision, a municipal authority, the Commonwealth,
25 an authority created under the act of July 29, 1953 (P.L.1034,
26 No.270), known as the "Public Auditorium Authorities Law," an
27 authority created under Article XXV-A of the act of July 28,
28 1953 (P.L.723, No.230), known as the "Second Class County Code,"
29 an art museum established under the authority of the act of
30 April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer
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1 on certain associations of the citizens of this commonwealth the
2 powers and immunities of corporations, or bodies politic in
3 law," or an authority created under Article XXIII (n) or (o) of
4 the act of August 9, 1955 (P.L.323, No.130), known as "The
5 County Code," it shall have permanent seating for at least one
6 thousand (1,000) people; otherwise, it shall have permanent
7 seating for at least three thousand (3,000) people. The term
8 shall also mean any regional history center, multipurpose
9 cultural and science facility [or], museum or convention or
10 trade show center without permanent seating, regardless of owner <--
11 and seating capacity, that has a floor area of at least sixty
12 thousand (60,000) square feet in one building. The term shall
13 also mean a convention or conference center owned by a city of
14 the third class, regardless of seating capacity, that has a
15 floor area of at least fifteen thousand (15,000) square feet in
16 one building.
17 * * *
18 Section 2. Section 493(24) of the act is amended to read:
19 Section 493. Unlawful Acts Relative to Liquor, Malt and
20 Brewed Beverages and Licensees.--The term "licensee," when used
21 in this section, shall mean those persons licensed under the
22 provisions of Article IV, unless the context clearly indicates
23 otherwise.
24 It shall be unlawful--
25 * * *
26 (24) Things of Value Offered as Inducement. For any licensee
27 under the provisions of this article, or the board or any
28 manufacturer, or any employe or agent of a manufacturer,
29 licensee or of the board, to offer to give anything of value or
30 to solicit or receive anything of value as a premium for the
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1 return of caps, stoppers, corks, stamps or labels taken from any
2 bottle, case, barrel or package containing liquor or malt or
3 brewed beverage, or to offer or give or solicit or receive
4 anything of value as a premium or present to induce directly the
5 purchase of liquor or malt or brewed beverage, or for any
6 licensee, manufacturer or other person to offer or give to trade
7 or consumer buyers any prize, premium, gift or other inducement
8 to purchase liquor or malt or brewed beverages, except
9 advertising novelties of nominal value which the board shall
10 define. This section shall not prevent any manufacturer or any
11 agent of a manufacturer from offering [only on licensed <--
12 premises] and honoring coupons which offer monetary rebates on <--
13 purchases of wines and spirits through State Liquor Stores [and <--
14 purchases of malt or brewed beverages] in accordance with <--
15 conditions or regulations established by the board. Further, no <--
16 manufacturer or any agent of a manufacturer shall honor any
17 coupons without proof of purchase [in the form of a sales slip
18 or receipt attached to the coupons]. [FURTHER, NO MANUFACTURER <--
19 OR ANY AGENT OF A MANUFACTURER SHALL HONOR ANY COUPONS WITHOUT
20 PROOF OF PURCHASE IN THE FORM OF A SALES SLIP OR RECEIPT
21 ATTACHED TO THE COUPONS.] THE BOARD MAY REDEEM COUPONS OFFERED
22 BY A MANUFACTURER OR AN AGENT OF A MANUFACTURER AT THE TIME OF
23 PURCHASE. COUPONS OFFERED BY A MANUFACTURER OR AN AGENT OF A
24 MANUFACTURER SHALL NOT BE REDEEMED WITHOUT PROOF OF PURCHASE.
25 This section shall not apply to the return of any monies
26 specifically deposited for the return of the original container
27 to the owners thereof.
28 * * *
29 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
30 SECTION 505.3. DISTILLERIES.--THE BOARD MAY ISSUE A
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1 DISTILLERY OF HISTORICAL SIGNIFICANCE LICENSE TO ANY DISTILLERY
2 WHICH WAS ESTABLISHED PRIOR TO JANUARY 1, 1875. THE HOLDER OF
3 THE LICENSE MAY MANUFACTURE AND SELL LIQUOR PRODUCED ON THE
4 LICENSED PREMISES TO THE BOARD, TO ENTITIES LICENSED BY THE
5 BOARD AND TO THE PUBLIC UNDER SUCH CONDITIONS AND REGULATIONS AS
6 THE BOARD MAY ENFORCE. THE DISTILLERY DOES NOT NEED TO ESTABLISH
7 CONTINUOUS OPERATION SINCE JANUARY 1, 1875, IN ORDER TO QUALIFY
8 FOR A LICENSE UNDER THIS SECTION.
9 Section 3 4. This act shall take effect in 60 days. <--
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