THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. O'BRIEN, JANUARY 26, 2009

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 26, 2009  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "public venue" in section 102

of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) 

and amended July 16, 2007 (P.L.107, No.34), is amended to read:

Section 102.  Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

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"Public venue" shall mean a stadium, arena, convention

center, museum, amphitheater or similar structure. If the public

venue is a cruise terminal owned or leased by a port authority

created under the act of June 12, 1931 (P.L.575, No.200),

entitled "An act providing for joint action by Pennsylvania and

New Jersey in the development of the ports on the lower Delaware

River, and the improvement of the facilities for transportation

across the river; authorizing the Governor, for these purposes,

to enter into an agreement with New Jersey; creating The

Delaware River Joint Commission and specifying the powers and

duties thereof, including the power to finance projects by the

issuance of revenue bonds; transferring to the new commission

all the powers of the Delaware River Bridge Joint Commission;

and making an appropriation," it shall have no permanent seating

requirement. If the public venue is an open-air amphitheater

owned by a port authority created under the act of December 6,

1972 (P.L.1392, No.298), known as the "Third Class City Port

Authority Act," it shall have no permanent seating requirement.

If the public venue is owned by a political subdivision, a

municipal authority, the Commonwealth, an authority created

under the act of July 29, 1953 (P.L.1034, No.270), known as the

"Public Auditorium Authorities Law," an authority created under

Article XXV-A of the act of July 28, 1953 (P.L.723, No.230),

known as the "Second Class County Code," an art museum

established under the authority of the act of April 6, 1791 (3

Sm.L.20, No.1536), entitled "An act to confer on certain

associations of the citizens of this commonwealth the powers and

immunities of corporations, or bodies politic in law," or an

authority created under Article XXIII (n) or (o) of the act of

August 9, 1955 (P.L.323, No.130), known as "The County Code," it

shall have permanent seating for at least one thousand (1,000)

people; otherwise, it shall have permanent seating for at least

two thousand (2,000) people. The term shall also mean any

regional history center, multipurpose cultural and science

facility, museum or convention or trade show center, regardless

of owner and seating capacity, that has a floor area of at least

sixty thousand (60,000) square feet in one building. The term

shall also mean a convention or conference center owned by a

city of the third class or a university which is a member of the

Pennsylvania State System of Higher Education which is operated

by a university foundation or alumni association, regardless of

seating capacity, that has a floor area of at least fifteen

thousand (15,000) square feet in one building. The term shall

shall also mean a visitor center, regardless of floor area or

seating capacity, that was established under the authority of

the Gateway Visitor Center Authorization Act of 1999 (Public Law

106-131, 113 Stat. 1678; 16 USCA § 407m).

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Section 2.  This act shall take effect in 60 days.