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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1049, 1403               PRINTER'S NO. 1844

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 896 Session of 2007


        INTRODUCED BY SOLOBAY, DONATUCCI, RAYMOND, CALTAGIRONE, CONKLIN,
           GEORGE, GODSHALL, GRUCELA, HARPER, HORNAMAN, KILLION,
           MAHONEY, McCALL, MELIO, M. O'BRIEN, PAYNE, PETRONE, REICHLEY,
           SCAVELLO, SIPTROTH, STABACK, SURRA, FREEMAN, J. WHITE, KORTZ
           AND PALLONE, MARCH 22, 2007

        SENATOR RAFFERTY, LAW AND JUSTICE, IN SENATE, AS AMENDED,
           JUNE 6, 2007

                                     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 special occasion permits and for         <--
    18     limited wineries.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 408.4 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), is amended by adding a subsection


     1  to read:
     2     Section 408.4.  Special Occasion Permits.--
     3     * * *
     4     (r)  Notwithstanding any provision of law to the contrary,
     5  the board may issue a special occasion permit to an eligible
     6  entity located in a dry municipality if the board is provided
     7  with a copy of a resolution adopted by the municipality's
     8  governing body confirming support for the issuance of the
     9  special occasion permit.
    10     Section 1.1.  Section 505.2(a)(4) and (c) of the act, amended
    11  December 8, 2004 (P.L.1810, No.239), are amended to read:
    12     SECTION 1.  SECTION 505.2(A)(4) AND (C) OF THE ACT OF APRIL    <--
    13  12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED
    14  AND AMENDED JUNE 29, 1987 (P.L.32, NO.14) AND AMENDED DECEMBER
    15  8, 2004 (P.L.1810, NO.239), ARE AMENDED TO READ:
    16     Section 505.2.  Limited Wineries.--(a)  In the interest of
    17  promoting tourism and recreational development in Pennsylvania,
    18  holders of a limited winery license may:
    19     * * *
    20     (4)  At the discretion of the board, obtain a special permit
    21  to participate in alcoholic cider, wine [and food], food and
    22  cultural expositions off the licensed premises. A special permit
    23  shall be issued upon proper application and payment of a fee of
    24  thirty dollars ($30) per day for each day of permitted use, not
    25  to exceed five (5) consecutive days. The total number of days
    26  for all the special permits may not exceed forty (40) days in
    27  any calendar year. A special permit shall entitle the holder to
    28  engage in the sale by the glass, by the bottle or in case lots
    29  of alcoholic cider or wine produced by the permittee under the
    30  authority of a limited winery license. Holders of special
    20070H0896B1844                  - 2 -     

     1  permits may provide tasting samples of wines in individual
     2  portions not to exceed one fluid ounce. Samples at alcoholic
     3  cider, wine [and food], food and cultural expositions may be
     4  sold or offered free of charge. Except as provided herein,
     5  limited wineries utilizing special permits shall be governed by
     6  all applicable provisions of this act as well as by all
     7  applicable regulations or conditions adopted by the board.
     8     For the purposes of this clause, "alcoholic cider, wine [and
     9  food], food and cultural expositions" are defined as affairs
    10  held indoors or outdoors with the [primary intent of] intent of
    11  promoting Pennsylvania products and culture by educating those
    12  in attendance of the availability, nature and quality of
    13  Pennsylvania-produced alcoholic ciders and wines in conjunction
    14  with suitable food displays, demonstrations and sales. Alcoholic
    15  cider, wine and food expositions may also include activities
    16  other than alcoholic cider, wine [and food], food and cultural
    17  displays, including arts and crafts, musical activities,
    18  cultural exhibits, agricultural exhibits and similar activities.
    19  Alcoholic cider, wine, food and cultural expositions shall also
    20  include farmers markets.
    21     * * *
    22     (c)  [The term "agricultural commodity" as used in this
    23  section] As used in this section:
    24     "Agricultural commodity" shall include any of the following:
    25  agricultural, apicultural, horticultural, silvicultural and
    26  viticultural commodities.
    27     "Farmers market" shall include any building, structure or
    28  other place owned, leased or otherwise in the possession of a
    29  person, municipal corporation or public or private organization,
    30  used or intended to be used by two or more farmers or an
    20070H0896B1844                  - 3 -     

     1  association of farmers, WHO ARE CERTIFIED BY THE DEPARTMENT OF    <--
     2  AGRICULTURE OF THE COMMONWEALTH TO PARTICIPATE IN THE FARMERS'
     3  MARKET NUTRITION PROGRAM SUBJECT TO 7 CFR PT. 249 (RELATING TO
     4  SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP)), for the
     5  purpose of selling agricultural commodities directly to
     6  consumers and which is physically located within this
     7  Commonwealth.
     8     Section 2.  This act shall take effect in 60 days.















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