THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, V. BROWN, MURT, SANTONI, BISHOP, CALTAGIRONE, CLYMER, D. COSTA, DONATUCCI, FABRIZIO, JOSEPHS, SABATINA, STURLA AND SWANGER, APRIL 28, 2011

AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 11, 2011   

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 and for responsible alcohol

<--

management.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 471.1 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), is amended by adding a subsection to

read:

Section 1.  The definition of "eligible entity" 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 June 25, 2010 (P.L.217, No.35), 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:

* * *

"Eligible entity" shall mean a city of the third class, a

hospital, a church, a synagogue, a volunteer fire company, a

volunteer ambulance company, a volunteer rescue squad, a unit of

a nationally chartered club which has been issued a club liquor

license, a club in a city of the third class which has been

issued a club liquor license and which, as of December 31, 2002,

has been in existence for at least 100 years, a library, a

nationally accredited Pennsylvania nonprofit zoological

institution licensed by the United States Department of

Agriculture, a nonprofit agricultural association in existence

for at least ten years, a bona fide sportsmen's club in

existence for at least ten years, a nationally chartered

veterans' organization and any affiliated lodge or subdivision

of such organization, a fraternal benefit society that is

licensed to do business in this Commonwealth and any affiliated

lodge or subdivision of such fraternal benefit society, a museum

operated by a nonprofit corporation in a city of the third class

or township of the first class, a nonprofit corporation engaged

in the performing arts in a city of the third class, borough or

in an incorporated town, an arts council, a nonprofit

corporation that operates an arts facility or museum in a city

of the third class in the county of the fourth class, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) whose purpose is to protect the architectural

heritage of boroughs or a township of the second class and which

has been recognized as such by a municipal resolution, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) conducting a regatta in a city of the second class

with the permit to be used on State park grounds or conducting a

family-oriented celebration as part of Welcome America in a city

of the first class on property leased from that city for more

than fifty years, a nonprofit organization as defined under

section 501(c)(3) of the Internal Revenue Code of 1986 (26

U.S.C. § 501(c)(3)) whose purpose is to raise funds for the

research and treatment of cystic fibrosis, a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to

educate the public on issues dealing with watershed

conservation, a nonprofit organization as defined under section

501(c)(3) of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide

equine assisted activities for children and adults with special

needs, a nonprofit economic development agency in a city of the

second class with the primary function to serve as an economic

generator for the greater southwestern Pennsylvania region by

attracting and supporting film, television and related media

industry projects and coordinating government and business

offices in support of a production, a county tourist promotion

agency as defined in section 3(1) of the act of April 28, 1961

(P.L.111, No.50), known as the "Tourist Promotion Law," and

located in a city of the third class in a county of the fourth

class or located in a township of the second class in a county

of the fifth class, a junior league in a third class county that

is a nonprofit organization as defined under section 501(c)(3)

of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3))

that is comprised of women whose purpose is exclusively

educational and charitable in promoting the volunteerism of

women and developing and participating in community projects and

that has been in existence for over seventy years, a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 which is located in counties of the second

class A or of the third class and whose purpose is the education

and promotion of American history, a nonprofit organization as

defined under section 501(c)(6) of the Internal Revenue Code of

1986 which is located in a city of the third class in a county

of the third class and whose purpose is to support business and

industry, a brewery which has been issued a license to

manufacture malt or brewed beverages and has been in existence

for at least 100 years or a club recognized by Rotary

International which is located in a county of the fourth class

and whose purpose is to provide service to others, to promote

high ethical standards and to advance world understanding,

goodwill and peace through its fellowship of business,

professional and community leaders or a nonprofit organization

as defined under section 501(c)(3) of the Internal Revenue Code

of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is

located in a borough in a county of the third class and whose

purpose is to promote mushrooms while supporting local and

regional charities, or a nonprofit social service organization

as defined under section 503(c)(3) of the Internal Revenue Code

of 1986 which is located in a county of the third class and

whose purpose is to serve individuals and families of

northeastern Berks County.

* * *

Section 2.  Section 471.1 of the act, added December 20, 2000

(P.L.992, No.141), is amended by adding a subsection to read:

Section 471.1.  Responsible Alcohol Management.--* * *

(g)  Unless successfully completed prior to appointment, a

manager appointed by any restaurant, eating place retail

dispenser, hotel, club or distributor licensee shall be required

to complete the manager/owner training under subsection (c)

within one hundred eighty days of approval of appointment by the

board.

Section 2 3.  The addition of section 471.1(g) of the act

<--

shall apply to the appointment of managers made pursuant to

applications for appointment, license transfer and applications

for new licenses filed with the Pennsylvania Liquor Control

Board after the effective date of this section.

Section 3 4.  This act shall take effect in 60 days.

<--