PRINTER'S NO.  697

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

713

Session of

2011

  

  

INTRODUCED BY BOSCOLA, MENSCH, FONTANA AND WASHINGTON, FEBRUARY 28, 2011

  

  

REFERRED TO LAW AND JUSTICE, FEBRUARY 28, 2011  

  

  

  

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 sales by liquor licensees and

18

restrictions and for special occasion permits.

19

The General Assembly of the Commonwealth of Pennsylvania

20

hereby enacts as follows:

21

Section 1.  Section 406 of the act of April 12, 1951 (P.L.90,

22

No.21), known as the Liquor Code, reenacted and amended June 29,

23

1987 (P.L.32, No.14), is amended by adding a subsection to read:

24

Section 406.  Sales by Liquor Licensees; Restrictions.--* * *

25

(f)  Notwithstanding any other provision of law, every hotel,

26

restaurant or club liquor licensee located within the boundaries

 


1

of a special occasion permit area designated by a nonprofit

2

corporation engaged in the performing arts in a city of the

3

third class pursuant to section 408.4(h) may sell liquor and

4

malt or brewed beverages by the glass, open bottle or other

5

container, and in any mixture, for consumption off the premises

6

during the period and hours when such entity is using the

7

special occasion permit.

8

Section 2.  Section 408.4(h) and (j) of the act, amended

9

December 9, 2002 (P.L.1653, No.212), are amended to read:

10

Section 408.4.  Special Occasion Permits.--

11

* * *

12

(h)  The board may issue a special occasion permit to an

13

eligible entity. The board may also issue a special occasion

14

permit to one auxiliary of any eligible entity. Any eligible

15

entity that wishes to acquire a special occasion permit must

16

submit a written application to the board in such form and

17

containing such information as the board shall from time to time

18

prescribe. If the eligible entity is a nonprofit corporation

19

engaged in the performing arts in a city of the third class, the

20

application shall include a description of the boundaries of the

21

area in which the special occasion permit will be used. The fee

22

for special occasion permits shall be as set forth under section

23

614-A(24) of the act of April 9, 1929 (P.L.177, No.175), known

24

as "The Administrative Code of 1929."

25

* * *

26

(j)  The eligible entity shall give the local police

27

department or the Pennsylvania State Police if there is no local

28

police department written notice at least forty-eight hours

29

prior to each use of the special occasion permit. Written notice

30

consists of notifying the police of the date, time and place of

- 2 -

 


1

the impending sale of alcoholic beverages. If the eligible

2

entity is a nonprofit corporation engaged in the performing arts

3

in a city of the third class, the written notice shall include a

4

description of the boundaries of the area in which the special

5

occasion permit will be used.

6

* * *

7

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

- 3 -