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A02937
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1589
Session of
2019
INTRODUCED BY SAMUELSON, McNEILL, DEASY, FREEMAN, HILL-EVANS,
KINSEY, KULIK, MILLARD, RAVENSTAHL, SAINATO, SCHLOSSBERG,
SCHWEYER AND VITALI, JUNE 7, 2019
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 7, 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, liquor, alcohol and malt
and brewed beverages, further providing for sales by liquor
licensees, restrictions, for public venue license and for
performing acts facility license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 406(d), 412(f)(1) and 413(f)(1) 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 "performing arts facilities" in
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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:
* * *
"Performing arts facilities" shall mean [those] any of the
following:
(1) Those halls or theaters in which live musical, concert,
dance, ballet and legitimate play book-length productions are
performed. Performing arts facilities shall not mean those halls
or theaters in which burlesque shows or reviews are performed.
If the operator of the performing arts facility is a nonprofit
entity, the facility must have seating for at least one hundred
fifty (150) people; otherwise, the facility must have seating
for at least twenty-five hundred (2,500) people.
(2) Small movie theaters that have permanent seating in the
facility for at least one hundred (100) people, but no more than
three hundred fifty (350) people, and which screen independent
films, foreign films, classic films and second-run films on no
more than four movie screens. As used in this definition, the
term "independent films" includes feature films produced outside
the major film studio system or by independent entertainment
agencies.
(3) A hall or theater that meets the requirements of
paragraphs (1) and (2).
* * *
Section 2. Sections 406(d), 412(f)(1) and 413(f)(1) of the
act are amended to read:
Section 406. Sales by Liquor Licensees; Restrictions.--* * *
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(d) Subject to section 412, licensed public venues may sell
liquor and malt or brewed beverages on Sundays from [eleven] ten
o'clock antemeridian until midnight without the need to acquire
or qualify for a special permit. In addition, subject to section
413, licensed performing arts facilities may sell liquor and
malt or brewed beverages on Sundays from [one o'clock
postmeridian] ten o'clock antemeridian until ten o'clock
postmeridian without the need to acquire or qualify for a
special permit.
* * *
Section 412. Public Venue License.--* * *
(f) Licenses issued under this section are to be considered
restaurant liquor licenses. However, the following additional
restrictions and privileges apply:
(1) Sales may only be made one hour before, during and one
hour after any athletic performance, performing arts event,
trade show, convention, banquet or any other performance at the
facility; however, sales may not be made from two o'clock
antemeridian to seven o'clock antemeridian. In addition, sales
may not occur prior to [eleven] ten o'clock antemeridian on
Sundays or seven o'clock antemeridian on Mondays.
Notwithstanding this section, facilities that had been licensed
under former sections 408.9 and 408.14 may sell liquor and/or
malt or brewed beverages anytime except from two o'clock
antemeridian to seven o'clock antemeridian or prior to eleven
o'clock antemeridian on Sundays or seven o'clock antemeridian on
Mondays, regardless of whether there is a performance at the
facility.
* * *
Section 413. Performing Arts Facility License.--* * *
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(f) Licenses issued under this section are to be considered
restaurant liquor licenses. However, the following additional
restrictions and privileges apply:
(1) Sales of liquor and malt or brewed beverages may be made
two hours before, during and one hour after any performance at
the facility; however, sales may not be made from two o'clock
antemeridian to seven o'clock antemeridian. In addition, sales
may not occur prior to [one o'clock postmeridian] ten o'clock
antemeridian or after ten o'clock postmeridian on Sundays.
However, facilities that had been licensed under former section
408.3(a) and 408.3(a.2) may sell liquor and malt or brewed
beverages anytime except from two o'clock antemeridian to seven
o'clock antemeridian or prior to one o'clock postmeridian or
after ten o'clock postmeridian on Sundays, regardless of whether
there is a performance at the facility. In addition, sales of
liquor and malt or brewed beverages at a movie theater as
defined under paragraph (2) or (3) of the definition of
"performing arts facilities" in section 102 may be made one hour
before, during and one hour after the screening of any
independent, foreign, classic or second-run film at the movie
theater.
* * *
Section 2 3. This act shall take effect in 60 days.
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