THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BROOKS, MAHER, BOBACK, BEAR, BEYER, BOYD, DAY, DENLINGER, ELLIS, GEIST, GINGRICH, HARHART, HELM, HORNAMAN, KNOWLES, KORTZ, METZGAR, MILLARD, MILLER, MOUL, MURT, O'NEILL, PICKETT, RAPP, READSHAW, ROSS, SAYLOR, SONNEY, STERN, SWANGER, TRUE, VULAKOVICH AND WATSON, MARCH 5, 2010

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MARCH 5, 2010  

AN ACT

Amending the act of May 21, 1943 (P.L.595, No.259), entitled, as

amended, "An act authorizing the Department of Property and

Supplies to establish, operate and maintain restaurants, as

herein defined, creating a revolving fund for this purpose,

to be known as The State Restaurant Fund; and providing

additional duties for the State Treasurer and the Department

of Health in connection therewith," further providing for

inspection authority and for definitions; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and section 1 of the act of May 21,

1943 (P.L.595, No.259), entitled "An act authorizing the

Department of Property and Supplies to establish, operate and

maintain restaurants, as herein defined, creating a revolving

fund for this purpose, to be known as The State Restaurant Fund;

and providing additional duties for the State Treasurer and the

Department of Health in connection therewith," amended July 13,

1967 (P.L.174, No.49), are amended to read:

AN ACT

Authorizing the Department of [Property and Supplies] General

Services to establish, operate and maintain restaurants, as

herein defined, creating a revolving fund for this purpose,

to be known as The State Restaurant Fund; and providing

additional duties for the State Treasurer and the Department

of [Health] Agriculture in connection therewith. 

Section 1.  (a)  The Department of [Property and Supplies]

General Services shall have the power and it shall be its duty,

whenever it shall be unable to secure a suitable tenant or

tenants for the operation of a restaurant or restaurants in the

State Capitol and other State office buildings, to establish,

operate and maintain, with the approval of the Governor, such

restaurant or restaurants as may be necessary for the proper

accommodation of State administrative, legislative and judicial

personnel and capitol visitors.

(b)  When the Department of General Services is able to

secure a suitable tenant or tenants under subsection (a), the

tenant or tenants shall comply with the provisions of the act of

May 23, 1945 (P.L.926, No.369), referred to as the Public Eating

and Drinking Place Law. A lease agreement between the Department

of General Services and a tenant or tenants shall include the

name of the licensor with jurisdiction under the Public Eating

and Drinking Place Law.

(c)  A licensee of the Department of Labor and Industry under

Subarticle (b) or (c) of Article XXII of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code of

1929, shall comply with the provisions of the Public Eating and

Drinking Place Law. The Department of Labor and Industry shall

specify to the licensee the name of the licensor with

jurisdiction under the Public Eating and Drinking Place Law.

Section 2.  Section 3 of the act is amended to read:

Section 3.  (a)  The Department of [Health] Agriculture shall

have the power and it shall be its duty to inspect from time to

time, following the regulatory standards established by the

department under the act of May 23, 1945 (P.L.926, No.369),

referred to as the Public Eating and Drinking Place Law, any and

all restaurants operated under the provisions of [this act]

section 1(a), and to report to the Governor periodically on the

sanitary and health conditions prevailing in said restaurant or

restaurants.

(b)  If the Department of General Services or the Department

of Agriculture determines that a tenant or a licensor is not in

compliance with the Public Eating and Drinking Place Law, the

Department of Agriculture shall have the authority to execute a

memorandum of understanding with the licensor to license and

inspect the restaurant. Any fees collected by the licensor shall

be transferred to the Department of Agriculture on a prorated

basis for the license period.

Section 3.  Section 6 of the act is amended by adding a

paragraph to read:

Section 6.  "Restaurant," as used in this act, shall mean

grill, cafeteria and soda fountain, to include all the incidents

of such businesses as they are generally conducted in this

Commonwealth.

"Licensor," as used in this act, shall have the same meaning

as defined in section 1 of the act of May 23, 1945 (P.L.926,

No.369), referred to as the Public Eating and Drinking Place

Law.

Section 4.  This act shall take effect immediately.