Trial Engrossment of Amendment A03846 to House Bill 1542 P.N. 2601, Regular Session 2019-2020

A03846

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1542

Session of

2019

INTRODUCED BY SAYLOR, PYLE, GILLESPIE, GROVE, JONES, KEEFER,

KLUNK, BERNSTINE, DeLUCA, GLEIM, MILLARD, MOUL, PICKETT,

ROTHMAN, STAATS AND CALTAGIRONE, JUNE 3, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

SEPTEMBER 25, 2019

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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," IN

PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS;

AND, in licenses and regulations relating to liquor, alcohol

and malt and brewed beverages, further providing for special

occasion permits and for wine and spirits auction permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 408.4(i) and (m) of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, are amended 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, 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 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, ANY

NATIONALLY RECOGNIZED COMMUNITY-BASED VOLUNTARY HEALTH

ORGANIZATION COMMITTED TO FIGHTING CANCER, WHICH HAS BEEN IN

EXISTENCE FOR AT LEAST 100 YEARS, A MUSEUM OPERATED BY A

NONPROFIT CORPORATION, A NONPROFIT CORPORATION ENGAGED IN THE

PERFORMING ARTS, AN ARTS COUNCIL, A NONPROFIT CORPORATION THAT

OPERATES AN ARTS FACILITY OR MUSEUM, 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 A MUNICIPALITY AND

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WHICH HAS BEEN RECOGNIZED AS SUCH BY A RESOLUTION OF THE

MUNICIPALITY, 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 2 OF THE ACT OF JULY 4, 2008

(P.L.621, NO.50), KNOWN AS THE "TOURISM PROMOTION ACT," A JUNIOR

LEAGUE 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

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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 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 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 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))

WHOSE PURPOSE IS TO PROMOTE MUSHROOMS WHILE SUPPORTING LOCAL AND

REGIONAL CHARITIES, A MUSEUM OPERATED BY A NOT-FOR-PROFIT

CORPORATION IN A CITY OF THE SECOND CLASS A, A NONPROFIT

ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL

REVENUE CODE OF 1986 WHICH IS LOCATED IN A CITY OF THE SECOND

CLASS A AND HAS AS ITS PURPOSE ECONOMIC AND COMMUNITY

DEVELOPMENT, A NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION

501(C)(3) OR (6) OF THE INTERNAL REVENUE CODE OF 1986 THAT IS

LOCATED IN A CITY OF THE THIRD CLASS IN A COUNTY OF THE FIFTH

CLASS, A NONPROFIT SOCIAL SERVICE ORGANIZATION DEFINED UNDER

SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 LOCATED

IN A COUNTY OF THE THIRD CLASS WHOSE PURPOSE IS TO SERVE

INDIVIDUALS AND FAMILIES IN THAT COUNTY OF THE THIRD CLASS, A

NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE

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INTERNAL REVENUE CODE OF 1986 WHOSE MAIN PURPOSE IS TO

TEMPORARILY FOSTER STRAY AND UNWANTED ANIMALS AND MATCH THEM TO

SUITABLE PERMANENT HOMES OR A NONPROFIT ORGANIZATION AS DEFINED

UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 WHO

OPERATES EITHER A MAIN STREET PROGRAM OR ELM STREET PROGRAM

RECOGNIZED BY THE COMMONWEALTH, THE NATIONAL TRUST FOR HISTORIC

PRESERVATION OR BOTH, A NONPROFIT RADIO STATION THAT IS A MEMBER

OF THE NATIONAL PUBLIC RADIO NETWORK, A NONPROFIT PUBLIC

TELEVISION STATION THAT IS A MEMBER OF THE PENNSYLVANIA PUBLIC

TELEVISION NETWORK OR A NONPROFIT ORGANIZATION AS DEFINED UNDER

SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 WHOSE

PURPOSE IS TO PROMOTE AWARENESS, EDUCATION AND RESEARCH AND TO

PROVIDE A SUPPORT SYSTEM FOR PATIENTS WITH NEUTROPENIA AND THEIR

FAMILIES THROUGH A NATIONAL RESOURCE NETWORK, A NONPROFIT

ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL

REVENUE CODE OF 1986 WHOSE MAIN PURPOSE IS TO STIMULATE

COMMUNITY DEVELOPMENT BY FACILITATING RESIDENTIAL AND RETAIL

GROWTH IN A CITY OF THE SECOND CLASS LOCATED IN A COUNTY OF THE

SECOND CLASS OR A NONPROFIT COMMUNITY DEVELOPMENT CORPORATION

ORGANIZED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE

OF 1986 THAT SERVES AN ADJOINING BOROUGH AND TOWNSHIP IN A

COUNTY OF THE SECOND CLASS AND WHOSE MAIN PURPOSE IS TO

FACILITATE COMMERCIAL DEVELOPMENT AND FOSTER NEIGHBORHOOD

STABILIZATION, A NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION

501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 WHOSE PURPOSE IS

TO PROVIDE YOUNG PEOPLE WITH A PROGRAM TO BUILD CHARACTER, TO

TEACH THE RESPONSIBILITIES OF CITIZENSHIP AND TO DEVELOP

PERSONAL FITNESS WITH A GOAL OF CREATING FUTURE LEADERS, A

NONPROFIT AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL

REVENUE CODE OF 1986 WHOSE MAIN PURPOSE IS TO ASSIST CHILDREN

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AND THEIR FAMILIES WHO ARE FACING FINANCIAL HARDSHIP DUE TO THE

DEATH OF A PARENT, A NONPROFIT AS DEFINED UNDER SECTION 501(C)

(3) OF THE INTERNAL REVENUE CODE OF 1986 WHOSE PURPOSE IS TO

ALLOCATE FUNDS FOR RESEARCH TO EXPEDITE A CURE ACHROMATOPSIA, A

NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE

INTERNAL REVENUE CODE OF 1986 THAT IS LOCATED IN A CITY OF THE

FIRST CLASS, WAS ORGANIZED [IN 1995] AS A COMMUNITY DEVELOPMENT

[CORPORATION] ORGANIZATION TO PROMOTE HEALTH, SAFETY AND WELFARE

OF THE RESIDENTS, BUSINESSES AND INSTITUTIONS OF A NEIGHBORHOOD

OF A CITY OF THE FIRST CLASS, AND WHOSE WORKS INCLUDE PUBLIC

PROMOTIONS, NEIGHBORHOOD IMPROVEMENT PROJECTS AND COMMERCIAL

CORRIDOR IMPROVEMENTS, INCLUDING A BUSINESS IMPROVEMENT

DISTRICT, OR A NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION

501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 THAT IS

RESPONSIBLE FOR PROVIDING SERVICES TO MEMBERS OF THE ARMED

FORCES OF THE UNITED STATES AND RELIEF TO DISASTER VICTIMS IN

THE UNITED STATES AND ABROAD, OR ANY NEIGHBORHOOD IMPROVEMENT

DISTRICT MANAGEMENT ASSOCIATION AS DEFINED IN SECTION 3 OF THE

ACT OF DECEMBER 20, 2000 (P.L.949, NO.130), KNOWN AS THE

"NEIGHBORHOOD IMPROVEMENT DISTRICT ACT," THAT HAS BEEN

ESTABLISHED AS A 501(C)(3) NONPROFIT ORGANIZATION UNDER SECTION

501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, A NONPROFIT

ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL

REVENUE CODE OF 1986 LOCATED IN A CITY OF THE FIRST CLASS WHOSE

PURPOSE IS TO SUPPORT INITIATIVES TO ENRICH THE LIVES OF

CHILDREN, TEENS AND FAMILIES ESPECIALLY THOSE IN NEED, TO REACH

THEIR FULL POTENTIAL AS PRODUCTIVE AND RESPONSIBLE CITIZENS AND

HAS BEEN IN EXISTENCE FOR AT LEAST SEVENTY-FIVE YEARS, OR A

NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE

INTERNAL REVENUE CODE OF 1986 LOCATED IN A CITY OF THE SECOND

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CLASS AND INCORPORATED AS A NONPROFIT IN 1982 THAT OFFERS ADULT

EDUCATION AND FAMILY LITERACY, OR A NONPROFIT ORGANIZATION AS

DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF

1986 LOCATED IN A CITY OF THE THIRD CLASS AND COUNTY OF THE

SIXTH CLASS, WHOSE PURPOSE IS PRIMARY AND SECONDARY EDUCATION

AND EDUCATIONAL MINISTRY OF THE DIOCESE OF ERIE, [OR] A

NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE

INTERNAL REVENUE CODE LOCATED IN A COUNTY OF THE FOURTH CLASS

THAT HAD A POPULATION BETWEEN 142,000 AND 144,000 BASED ON THE

2010 DECENNIAL CENSUS OF THE BUREAU OF THE CENSUS AND PROVIDES

REWARDS FOR INFORMATION THAT LEADS TO THE ARREST OF INDIVIDUALS

THAT MAY HAVE COMMITTED A CRIME[.] or a nonprofit organization

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

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

county of the fifth class whose mission is to improve the

quality of life for individuals with developmental disabilities

and the families of the individuals through advocacy, education,

support and socialization and that has been in existence for

over sixty years.

* * *

SECTION 2. SECTION Sections 408.4(I) AND (M) and 408.12(a)

OF THE ACT ARE AMENDED TO READ:

Section 408.4. Special Occasion Permits.--

* * *

(i) Only one special occasion permit shall be issued to each

eligible entity per calendar year. Each permit may only be used

for [six] nine consecutive or nonconsecutive days[; or] and an

additional ten consecutive days.

* * *

(m) The following apply:

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(1) The purpose of a special occasion permit is to provide

the eligible entity with a means of raising funds for itself.

The permit may be used in conjunction with activities and events

involving other entities; however, no one other than the holder

of the special occasion permit may acquire a pecuniary interest

in the permit.

(2) An entity operating in conjunction with a special

occasion permit holder may collect and manage funds raised using

a special occasion permit if:

(i) the special occasion permit holder is the primary host

of the activity or event; and

(ii) the funds raised are used for the benefit of the

special occasion permit holder.

* * *

Section 408.12. Wine and Spirits Auction Permits.--(a) Upon

application of:

(1) any nonprofit hospital;

(2) any nonprofit public television station which is a

member of the Pennsylvania Public Television Network;

(3) any orchestra located in a county of the first, second

or third class which is operated by a nonprofit corporation;

(4) any museum located in a county of the first, second,

third or fourth class which is operated by a nonprofit

corporation;

(5) any nonprofit corporation located in any county of the

third class which trains and places dogs for people who are

physically handicapped;

(6) any nationally recognized community-based voluntary

health organization committed to fighting cancer which has been

in existence for at least ninety years;

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(7) any nationally recognized emergency response

organization that offers humanitarian care to victims of war or

natural disaster and has been in existence for at least one

hundred twenty-five years;

(8) any nationally recognized organization whose purpose is

to serve as an agent to collect funds for local charities, as

well as to coordinate relief services, counsel and refer clients

to cooperating agencies and make emergency assistance grants and

has been in existence for at least one hundred twenty years;

(9) any hospice as defined under section 802.1 of the act of

July 19, 1979 (P.L.130, No.48), known as the "Health Care

Facilities Act";

(10) institution of higher education;

(11) any nationally recognized community-based health

organization committed to funding Type 1 Diabetes research; [or]

(12) any nationally recognized community-based voluntary

health organization committed to fighting cancer which has been

in existence for at least twenty years;

(13) any nonprofit organization as defined in section 501(c)

(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 501(c)(3)) and that is registered with the Pennsylvania

Bureau of Corporations and Charitable Organizations of the

Department of State, recognized as a community-based voluntary

organization committed to fighting cancer and has been in

existence for at least five years; or

(14) any community-based voluntary health organization in a

county of the second class which enriches the lives of children

and young adults with disabilities and chronic illnesses;

and upon payment of a fee of thirty dollars ($30) per day, the

board shall issue a wine and spirits auction permit good for a

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period of not more than four consecutive or nonconsecutive days

per calendar year.

* * *

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

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