Regular Session 2019-2020 House Bill 2093 P.N. 4456

PRIOR PRINTER'S NO. 2972

PRINTER'S NO. 4456

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2093

Session of

2019

INTRODUCED BY POLINCHOCK, BERNSTINE, CALTAGIRONE, DUNBAR, ECKER,

GILLEN, HERSHEY, KEEFER, OBERLANDER, OWLETT, QUINN, STAATS,

YOUNGBLOOD, ZIMMERMAN, GLEIM, ROWE AND IRVIN,

DECEMBER 2, 2019

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2020

AN ACT

Restricting local government from certain regulation of

agritourism.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Restriction

on Local Regulation of Agritourism Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agritourism activity." A farm-related tourism or farm-

related entertainment activity that takes place on agricultural

land and allows members of the general public, whether or not

for a fee, to tour, explore, observe, learn about, participate

in or be entertained by an aspect of agricultural production,

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harvesting, husbandry, rural lifestyle or a limited seasonal

event that occurs on the farm and that offers the sale at retail

of food for consumption by customers on the agricultural land.

The term does not include an overnight accommodation, concert or

the sale at retail of food as the only service offered.

"Agritourism activity provider." A person who owns,

operates, provides or sponsors an agritourism activity or an

employee of the person who engages in or provides agritourism

activities, whether or not for a fee.

"Farm." Land that is composed of tracts, lots or parcels

totaling not less than 10 acres devoted to agricultural

production or totaling less than 10 acres devoted to

agricultural production if the land produces an average yearly

gross income of at least $2,500 from agricultural production.

"AGRICULTURAL LAND." LAND WHICH IS USED FOR A NORMAL

AGRICULTURAL OPERATION.

"AGRITOURISM ACTIVITY."

(1) A FARM-RELATED TOURISM OR FARM-RELATED ENTERTAINMENT

ACTIVITY THAT TAKES PLACE ON AGRICULTURAL LAND AND ALLOWS

MEMBERS OF THE GENERAL PUBLIC, WHETHER OR NOT FOR A FEE, TO

TOUR, EXPLORE, OBSERVE, LEARN ABOUT, PARTICIPATE IN OR BE

ENTERTAINED BY AN ASPECT OF AGRICULTURAL PRODUCTION,

HARVESTING, HUSBANDRY OR RURAL LIFESTYLE THAT OCCURS ON THE

FARM.

(2) THE TERM SHALL NOT INCLUDE OVERNIGHT ACCOMMODATIONS,

WEDDINGS, CONCERTS OR PROVISIONS FOR FOOD AND BEVERAGE

SERVICES.

"LIMITED LICENSE." A LIMITED WINERY LICENSE OR LIMITED

DISTILLERY LICENSE ISSUED UNDER THE ACT OF APRIL 12, 1951

(P.L.90, NO.21), KNOWN AS THE LIQUOR CODE.

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"Limited seasonal event." An event that occurs on

agricultural land to coincide with the celebration of a season

of the year or holiday and that highlights a seasonal or holiday

appropriate farm activity or phenomenon of wildlife or nature

that occurs on a farm or the open space around a farm.

"Local government." A municipality, zoning hearing board or

other board of a municipality.

"Participant." An individual, other than an employee of an

agritourism activity provider, who engages in an agritourism

activity.

"Sale at retail of food." The act of offering for sale of

food for human consumption, regardless of whether the food is

fresh, processed, precooked or frozen or whether or not the food

is intended to complement the tasting or sampling of beverages,

and that may be consumed without the use of tableware and while

standing or walking.

"MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN

OR TOWNSHIP.

"NORMAL AGRICULTURAL OPERATION." AS DEFINED IN THE ACT OF

JUNE 10, 1982 (P.L.454, NO.133), REFERRED TO AS THE RIGHT-TO-

FARM LAW.

"RETAIL FOOD FACILITY." AS DEFINED IN 3 PA.C.S. § 5702

(RELATING TO DEFINITIONS).

Section 3. Restriction on local regulation.

Notwithstanding any other provision of law to the contrary,

no A local government may NOT prohibit the use of AGRICULTURAL

land for:

(1) agricultural purposes or FOR the construction of

buildings or structures incident to the use OF THE LAND for

agricultural purposes of the land on which the buildings or

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structures are located, including buildings or structures

used primarily for vinting or selling wine and that are

located on land used for viticulture; or

(2) agritourism activities.;

(2) AN AGRITOURISM ACTIVITY;

(3) A LIMITED SEASONAL EVENT;

(4) AN ACTIVITY THAT REQUIRES A LIMITED LICENSE;

(5) A RETAIL FOOD FACILITY;

(6) A WEDDING; OR

(7) MUSICAL ENTERTAINMENT THAT ACCOMPANIES AN ACTIVITY

UNDER PARAGRAPHS (1), (2), (3), (4), (5) OR (6) AND WHICH IS

IN COMPLIANCE WITH APPLICABLE NOISE AND NUISANCE ORDINANCES.

Section 4. Exception.

The restriction on local government action under section 3

shall not extend to the following:

(1) The size of a structure used primarily for

agritourism.

(2) The size of parking areas required for agritourism.

This paragraph does not include requirements relating to

drainage, parking area base, parking area paving or any other

improvement.

(3) Setback building lines for structures used primarily

for agritourism.

(4) Egress and ingress on land used for agritourism,

where necessary to protect public health and safety.

(1) THE SIZE OF A STRUCTURE USED PRIMARILY FOR AN

ACTIVITY UNDER SECTION 3.

(2) THE SIZE OF A PARKING AREA REQUIRED FOR AN ACTIVITY

UNDER SECTION 3. THIS PARAGRAPH DOES NOT INCLUDE REQUIREMENTS

RELATING TO DRAINAGE, PARKING AREA BASE, PARKING AREA PAVING

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OR ANY OTHER IMPROVEMENT.

(3) A PROPERTY LINE SETBACK FOR A STRUCTURE USED

PRIMARILY FOR AN ACTIVITY UNDER SECTION 3.

(4) WHERE NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY,

EGRESS AND INGRESS ON LAND USED FOR AN ACTIVITY UNDER SECTION

Section 5. Effective date.

This act shall take effect in 60 days.

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