Trial Engrossment of Amendment A04790 to House Bill 2049 P.N. 2358, Regular Session 2021-2022

A04790

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2049

Session of

2021

INTRODUCED BY R. MACKENZIE, BROOKS, ECKER, M. MACKENZIE,

MILLARD, ORTITAY, SILVIS AND SMITH, NOVEMBER 4, 2021

REFERRED TO COMMITTEE ON LIQUOR CONTROL, NOVEMBER 4, 2021

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 and liquor, alcohol and malt

and brewed beverages, further providing for public venue

license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "public venue" 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:

* * *

"Public venue" shall mean a stadium, arena, convention

center, museum, zoo, amphitheater or [similar structure.]

amusement park as defined in section 2 of the act of June 18,

1984 (P.L.384, No.81), known as the Amusement Ride Inspection

Act, situated on at least 40 acres of land regardless of seating

capacity or similar structure. If the public venue is a cruise

terminal owned or leased by a port authority created under the

act of June 12, 1931 (P.L.575, No.200), entitled "An act

providing for joint action by Pennsylvania and New Jersey in the

development of the ports on the lower Delaware River, and the

improvement of the facilities for transportation across the

river; authorizing the Governor, for these purposes, to enter

into an agreement with New Jersey; creating The Delaware River

Joint Commission and specifying the powers and duties thereof,

including the power to finance projects by the issuance of

revenue bonds; transferring to the new commission all the powers

of the Delaware River Bridge Joint Commission; and making an

appropriation," it shall have no permanent seating requirement.

If the public venue is an open-air amphitheater owned by a port

authority created under the act of December 6, 1972 (P.L.1392,

No.298), known as the "Third Class City Port Authority Act," it

shall have no permanent seating requirement. If the public venue

is owned by a political subdivision, a municipal authority, the

Commonwealth, an authority created under the act of July 29,

1953 (P.L.1034, No.270), known as the "Public Auditorium

Authorities Law," an authority created under Article XXV-A of

the act of July 28, 1953 (P.L.723, No.230), known as the "Second

Class County Code," an art museum established under the

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authority of the act of April 6, 1791 (3 Sm.L.20, No.1536),

entitled "An act to confer on certain associations of the

citizens of this commonwealth the powers and immunities of

corporations, or bodies politic in law," or an authority created

under Article XXIII (n) or (o) of the act of August 9, 1955

(P.L.323, No.130), known as "The County Code," it shall have

permanent seating for at least one thousand (1,000) people;

otherwise, it shall have permanent seating for at least two

thousand (2,000) people. The term shall also mean any regional

history center, multipurpose cultural and science facility,

museum or convention or trade show center, regardless of owner

and seating capacity, that has a floor area of at least sixty

thousand (60,000) square feet in one building. The term shall

also mean a convention or conference center owned by a city of

the third class or a university which is a member of the

Pennsylvania State System of Higher Education which is operated

by a university foundation or alumni association, regardless of

seating capacity, that has a floor area of at least fifteen

thousand (15,000) square feet in one building. The term shall

also mean a visitor center, regardless of floor area or seating

capacity, that was established under the authority of the

Gateway Visitor Center Authorization Act of 1999 (Public Law

106-131, 113 Stat. 1678, 16 U.S.C. § 407m).

* * *

Section 2. Section 412(f)(1) of the act is amended and the

section is amended by adding subsections to read:

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:

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(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 o'clock antemeridian on Sundays or

seven o'clock antemeridian on Mondays. Notwithstanding this

[section, facilities that had been licensed under former

sections] section:

(i) Facilities that had been licensed under former sections

408.9 and 408.14 and amusement parks 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.

(ii) Amusement parks may sell liquor and malt or brewed

beverages from eleven o'clock antemeridian to eleven o'clock

postmeridian.

* * *

(h) An amusement park that holds a restaurant license before

January 1, 2021, and seeks to obtain a public venue license

shall exchange one existing restaurant license to the board in

return for a public venue license at no cost. A restaurant

license exchanged under this subsection shall be subject to a

license auction under section 470.3.

(i) An amusement park that holds a public venue license

shall utilize a transaction scan device to verify the age of an

individual who appears to be under thirty-five years of age

before making a sale of liquor and malt or brewed beverages,

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however, an acceptable form of identification under section

495(a) that cannot be scanned may be accepted by the licensee.

An amusement park may not sell or share data from the use of a

transaction scan device, provided that the licensee may use the

data to show the enforcement bureau of the board that the

licensee is in compliance with this act. As used in this

subsection, the term "transaction scan device" means a device

capable of deciphering, in an electronically readable format,

the information encoded on the magnetic strip or bar code of an

identification card under section 495(a).

(i) (j) As used in this section, the term "amusement park"

shall have the same meaning as defined in section 2 of the act

of June 18, 1984 (P.L.384, No.81), known as the Amusement Ride

Inspection Act.

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

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