H2513B3778A07070 PWK:JSL 09/08/20 #90 A07070
AMENDMENTS TO HOUSE BILL NO. 2513
Sponsor: SENATOR BREWSTER
Printer's No. 3778
Amend Bill, page 1, line 21, by striking out "indoor space"
Amend Bill, page 2, line 4, by striking out all of said line
and inserting
ESTABLISHMENT OPERATION
(a) Establishment Indoor Space Operation
Amend Bill, page 2, line 6, by striking out "article" and
inserting
subarticle
Amend Bill, page 3, line 24, by striking out "article" and
inserting
subarticle
Amend Bill, page 3, by inserting between lines 26 and 27
(b) Outdoor Space Operation
Section 110-A. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." As defined under section 102 of the Liquor Code.
"Liquor Code." The act of April 12, 1951 (P.L.90, No.51),
known as the Liquor Code.
Section 111-A. Outdoor space operation.
Notwithstanding any other provision of law, in addition to
the authority specified in section 462 of the Liquor Code,
during the proclamation of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21,
2020), and any renewal of the state of disaster emergency, the
following shall apply:
(1) Upon receipt of a request from a club, catering
club, restaurant, retail dispenser, hotel, limited
distillery, distillery, brewery or limited winery licensed
under the Liquor Code, the board may temporarily extend the
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licensed premises of the applicant to include any outside
serving area that is:
(i) immediately adjacent to the existing licensed
areas; or
(ii) noncontinuous and within 250 feet of the main
licensed building.
(2) The board shall grant immediate operating authority
to the applicant to use the outside serving area subject to
the request while the board processes the request.
(3) The operating authority shall expire at the earliest
of any of the following:
(i) A valid protest is received.
(ii) The board determines that the proposed area
does not meet the requirements of this act and board
regulations for the licensing of the area in question.
(iii) The state of disaster emergency is terminated
or expires under 35 Pa.C.S. ยง 7301(c) (relating to
general authority of Governor).
(4) No filing fee shall be required from the applicant.
(5) The board may require the applicant to provide any
information that the board deems relevant.
(6) An outdoor serving area approved under this
subsection may only be utilized for purposes of outdoor
dining and may not include a kitchen or a bar.
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