AN ACT

 

1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as 
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws," 
<-17further defining "eligible entity"; and further providing for 
18unlawful acts relative to liquor, malt and brewed beverages 
19and licensees.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. S<-ection 493(24) of the act of April 12, 1951
23(P.L.90, No.21), known as the Liquor Code, reenacted and amended
24June 29, 1987 (P.L.32, No.14) and amended November 29, 2006
25(P.L.1421, No.155), is amended and the clause is amended by

1adding a subclause to read:

<-2Section 1. The definition of "eligible entity" in section
3102 of the act of April 12, 1951 (P.L.90, No.21), known as the
4Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
5and amended July 5, 2012 (P.L.1007, No.116), is amended to read:

6Section 102. Definitions.--The following words or phrases,
7unless the context clearly indicates otherwise, shall have the
8meanings ascribed to them in this section:

9* * *

10"Eligible entity" shall mean a city of the third class, a 
11hospital, a church, a synagogue, a volunteer fire company, a 
12volunteer ambulance company, a volunteer rescue squad, a unit of 
13a nationally chartered club which has been issued a club liquor 
14license, a club which has been issued a club liquor license and 
15which, as of December 31, 2002, has been in existence for at 
16least 100 years, a library, a nationally accredited Pennsylvania 
17nonprofit zoological institution licensed by the United States 
18Department of Agriculture, a nonprofit agricultural association 
19in existence for at least ten years, a bona fide sportsmen's 
20club in existence for at least ten years, a nationally chartered 
21veterans' organization and any affiliated lodge or subdivision 
22of such organization, a fraternal benefit society that is 
23licensed to do business in this Commonwealth and any affiliated 
24lodge or subdivision of such fraternal benefit society, a museum 
25operated by a nonprofit corporation, a nonprofit corporation 
26engaged in the performing arts, an arts council, a nonprofit 
27corporation that operates an arts facility or museum, a 
28nonprofit organization as defined under section 501(c)(3) of the 
29Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 
30501(c)(3)) whose purpose is to protect the architectural
 

1heritage of boroughs or a township of the second class and which 
2has been recognized as such by a municipal resolution, a 
3nonprofit organization as defined under section 501(c)(3) of the 
4Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 
5501(c)(3)) conducting a regatta in a city of the second class 
6with the permit to be used on State park grounds or conducting a 
7family-oriented celebration as part of Welcome America in a city 
8of the first class on property leased from that city for more 
9than fifty years, a nonprofit organization as defined under 
10section 501(c)(3) of the Internal Revenue Code of 1986 (26 
11U.S.C. § 501(c)(3)) whose purpose is to raise funds for the 
12research and treatment of cystic fibrosis, a nonprofit 
13organization as defined under section 501(c)(3) of the Internal 
14Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to 
15educate the public on issues dealing with watershed 
16conservation, a nonprofit organization as defined under section 
17501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
18514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide equine 
19assisted activities for children and adults with special needs, 
20a nonprofit economic development agency in a city of the second 
21class with the primary function to serve as an economic 
22generator for the greater southwestern Pennsylvania region by 
23attracting and supporting film, television and related media 
24industry projects and coordinating government and business 
25offices in support of a production, a county tourist promotion 
26agency as defined in section 3(1) of the act of April 28, 1961 
27(P.L.111, No.50), known as the "Tourist Promotion Law," a junior 
28league that is a nonprofit organization as defined under section 
29501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 
30501(c)(3)) that is comprised of women whose purpose is
 

1exclusively educational and charitable in promoting the 
2volunteerism of women and developing and participating in 
3community projects and that has been in existence for over 
4seventy years, a nonprofit organization as defined under section 
5501(c)(3) of the Internal Revenue Code of 1986 and whose purpose 
6is the education and promotion of American history, a nonprofit 
7organization as defined under section 501(c)(6) of the Internal 
8Revenue Code of 1986 whose purpose is to support business and 
9industry, a brewery which has been issued a license to 
10manufacture malt or brewed beverages and has been in existence 
11for at least 100 years or a club recognized by Rotary 
12International and whose purpose is to provide service to others, 
13to promote high ethical standards and to advance world 
14understanding, goodwill and peace through its fellowship of 
15business, professional and community leaders or a nonprofit 
16organization as defined under section 501(c)(3) of the Internal 
17Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) 
18whose purpose is to promote mushrooms while supporting local and 
19regional charities, a museum operated by a not-for-profit 
20corporation in a city of the second class A, a nonprofit 
21organization as defined under section 501(c)(3) of the Internal 
22Revenue Code of 1986 which is located in a city of the second 
23class A and has as its purpose economic and community 
24development, a nonprofit organization as defined under section 
25501(c)(3) or (6) of the Internal Revenue Code of 1986 that is 
26located in a city of the third class in a county of the fifth 
27class, a nonprofit social service organization defined under 
28section 501(c)(3) of the Internal Revenue Code of 1986 located 
29in a county of the third class whose purpose is to serve 
30individuals and families in that county of the third class, a
 

1nonprofit organization as defined under section 501(c)(3) of the 
2Internal Revenue Code of 1986 whose main purpose is to 
3temporarily foster stray and unwanted animals and match them to 
4suitable permanent homes or a nonprofit organization as defined 
5under section 501(c)(3) of the Internal Revenue Code of 1986 who 
6operates either a Main Street Program or Elm Street Program 
7recognized by the Commonwealth, the National Trust for Historic 
8Preservation or both, a nonprofit radio station that is a member 
9of the National Public Radio network, a nonprofit public 
10television station that is a member of the Pennsylvania Public 
11Television Network [or], a nonprofit organization as defined 
12under section 501(c)(3) of the Internal Revenue Code of 1986 
13whose purpose is to promote awareness, education and research 
14and to provide a support system for patients with neutropenia 
15and their families through a national resource network or a 
16nonprofit organization as defined under section 501(c)(3) of the 
17Internal Revenue Code of 1986 that is located in a city of the 
18first class and has been in existence for over fifteen years 
19whose purpose is community-based economic development.

20Section 2. Section 493(24) of the act, amended November 29,
212006 (P.L.1421, No.155), is amended and the clause is amended by
22adding subclauses to read:

23Section 493. Unlawful Acts Relative to Liquor, Malt and
24Brewed Beverages and Licensees.--The term "licensee," when used
25in this section, shall mean those persons licensed under the
26provisions of Article IV, unless the context clearly indicates
27otherwise.

28It shall be unlawful--

29* * *

30(24) (i) Things of Value Offered as Inducement. Except as

1provided in subclause (ii) and subclause (iii), for any licensee
2under the provisions of this article, or the board or any
3manufacturer, or any employe or agent of a manufacturer,
4licensee or of the board, to offer to give anything of value or
5to solicit or receive anything of value as a premium for the
6return of caps, stoppers, corks, stamps or labels taken from any
7bottle, case, barrel or package containing liquor or malt or
8brewed beverage, or to offer or give or solicit or receive
9anything of value as a premium or present to induce directly the
10purchase of liquor or malt or brewed beverage, or for any
11licensee, manufacturer or other person to offer or give to trade
12or consumer buyers any prize, premium, gift or other inducement
13to purchase liquor or malt or brewed beverages, except
14advertising novelties of nominal value which the board shall
15define. This section shall not prevent any manufacturer or any
16agent of a manufacturer from offering and honoring coupons which
17offer monetary rebates on purchases of wines and spirits through
18State Liquor Stores or purchases of malt or brewed beverages
19through distributors and importing distributors in accordance
20with conditions or regulations established by the board. The
21board may redeem coupons offered by a manufacturer or an agent
22of a manufacturer at the time of purchase. Coupons offered by a
23manufacturer or an agent of a manufacturer shall not be redeemed
24without proof of purchase. This section shall not apply to the
25return of any monies specifically deposited for the return of
26the original container to the owners thereof.

27(ii) Notwithstanding subclause (i) or any other provision of
28law, a holder of a restaurant license that is also approved to
29hold a slot machine license or a conditional slot machine
30license under 4 Pa.C.S. Part II (relating to gaming) may give

1liquor and malt or brewed beverages free of charge to any person
2actively engaged in playing a slot machine.

3(iii) Notwithstanding subclause (i) or any other provision
4of law or regulation, a holder of a license under provisions of
5this clause may offer discounts of food or malt or brewed
6beverages and disproportionate serving amounts that act as a
7discount to patrons who are part of a bona fide club or group
8program offered by the licensee to promote its business or
9products in a commercially reasonable manner.

<-10(iv) No discounts of food or malt or brewed beverages and
11disproportionate serving amounts offered pursuant to subclause
12(iii) shall be given between the hours of midnight and two
13o'clock antemeridian on any given day.

14* * *

15Section <-2 3. This act shall take effect in 60 days.