PRINTER'S NO. 1335
No. 1129 Session of 1977
INTRODUCED BY CAPUTO, MAY 24, 1977
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 24, 1977
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for licenses for certain art museums.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 408.5, act of April 12, 1951 (P.L.90,
21 No.21), known as the "Liquor Code," added October 26, 1972
22 (P.L.1039, No.259), and amended July 9, 1976 (No.125), is
23 amended to read:
24 Section 408.5. Licenses for City-owned Art Museums, Cities
25 First Class and Art Museums Maintained by Certain Non-profit
26 Corporations in Cities of the Second Class.--(a) The board is
1 authorized to issue a license in any city of the first class for
2 the retail sale of liquor and malt or brewed beverages by the
3 glass, open bottles or other container, and in any mixture, for
4 consumption in any city-owned art museum or in any art museum
5 maintained by a non-profit corporation in cities of the second
6 class. For the purpose of this section "non-profit corporation"
7 shall mean a corporation organized under the non-profit
8 corporation laws for the benefit of the public and not for the
9 mutual benefit of its members, and which maintains an art museum
10 having a floor area of not less than one hundred thousand square
11 feet in one building.
12 (b) The application for a license may be filed at any time
13 by the city, the non-profit corporation or lessee. The
14 application may also be filed by a concessionaire selected and
15 certified by the city or the non-profit corporation. The
16 application shall conform with all requirements for restaurant
17 liquor licenses and applications except as may otherwise be
18 provided herein. Applicant shall submit such other information
19 as the board may require. The application shall be in writing on
20 forms prescribed by the board and shall be signed and submitted
21 to the board by the applicant. A filing fee of twenty dollars
22 ($20) shall accompany the license application.
23 (c) Upon receipt of the application in proper form with the
24 application fee and upon being satisfied that the applicant is
25 of good repute and financially responsible and that the proposed
26 place of business is proper, the board shall issue a license to
27 the applicant.
28 (d) The license shall be issued for the same period of time
29 as provided for restaurant licensees and shall be renewed as
30 provided in section 402. The license shall terminate upon
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1 revocation by the board or upon termination of the lease or upon
2 termination of the contract between the concessionaire and the
3 city or the non-profit corporation.
4 (g) Sales by the holder of an art museum license may be made
5 except to those persons prohibited by this act on premises used
6 for art museum purposes, but such sales may not be made beyond
7 the hours expressed in this act for the sale of liquor by
8 restaurant licensees. However, sales of liquor or malt or brewed
9 beverages may be made by an art museum licensee at banquets at
10 which more than five hundred persons are scheduled to attend and
11 at any other function which is directly related to art museum
12 purposes.
13 (h) Whenever a lease or a concession contract is terminated
14 prior to the expiration date provided in the lease or contract
15 between the city or the non-profit corporation and the tenant or
16 concessionaire, the city or the non-profit corporation may
17 select and certify to the board a different licensee or
18 concessionaire who may then apply to the board for a new
19 license. If the applicant meets the requirements of the board as
20 herein provided a new license shall thereupon be issued.
21 (i) If the board shall revoke any art museum license, the
22 board shall issue a new license to any qualified applicant
23 without regard to the prohibition in section 471 against the
24 grant of a license at the same premises for a period of at least
25 one year.
26 [(i.1) Any renewal of a license presently held by a city-
27 owned art museum in a city of the first class shall be
28 accomplished by the purchase of a license from an existing
29 licensee.
30 (i.2) An art museum maintained by a non-profit corporation
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1 or corporations in a city of the second class which obtains
2 approval of its application for a license from the board shall
3 purchase a license from an existing licensee.]
4 (j) The provisions of this act shall supersede or exempt any
5 provision of the Liquor Code which would prevent the issuance of
6 a license for the retail sale of liquor and malt or brewed
7 beverages upon any premises owned by the city of the first class
8 or by a non-profit corporation in a city of the second class
9 used for art museum purposes.
10 Section 2. This act shall take effect immediately.
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