PRINTER'S NO. 3173
No. 2513 Session of 1994
INTRODUCED BY LUCYK, CHADWICK, NICKOL, MIHALICH, CESSAR, GEIST,
M. N. WRIGHT, HENNESSEY, VEON, KAISER, MARKOSEK, WOZNIAK,
KUKOVICH, PRESTON, PISTELLA, WILLIAMS, TRELLO, VAN HORNE,
BELFANTI, B. SMITH, McCALL, ROONEY, LAUGHLIN, TIGUE, PETRARCA
AND STABACK, FEBRUARY 2, 1994
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 2, 1994
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 special occasion permits.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 408.4 of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14) and amended July 2, 1993 (P.L.429,
23 No.61), is amended to read:
24 Section 408.4. Special Occasion Permits.--(a) Upon
1 application of any hospital, church, synagogue, volunteer fire
2 company, volunteer ambulance company, volunteer rescue squad,
3 bona fide sportsmen's club in existence for at least ten years,
4 nationally chartered veterans' organization and any affiliated
5 lodge or subdivision of such organization, fraternal benefit
6 society that is licensed to do business in this Commonwealth and
7 any affiliated lodge or subdivision of such fraternal benefit
8 society, or the auxiliary of any of the foregoing, and upon
9 payment of the prescribed fee for special occasion permits under
10 section 614-A of the act of April 9, 1929 (P.L.177, No.175),
11 known as "The Administrative Code of 1929," the board shall
12 issue a special occasion permit good for a period of not more
13 than five consecutive or nonconsecutive days: Provided, however,
14 That the five nonconsecutive days shall be used in a [three-
15 month] twelve-month period measured from the date of the first
16 day. Special occasion permits may also be issued to a museum
17 operated by a nonprofit corporation in a city of the third class
18 or a nonprofit corporation engaged in the performing arts in a
19 city of the third class for a period of not more than six
20 nonconsecutive or ten consecutive days at the prescribed fee for
21 special occasion permits under section 614-A of "The
22 Administrative Code of 1929."
23 (b) In any city, borough, incorporated town or township in
24 which the sale of liquor and/or malt or brewed beverages has
25 been approved by the electorate, such special occasion permit
26 shall authorize the permittee to sell liquor and/or malt or
27 brewed beverages as the case may be to any adult person on any
28 day for which the permit is issued.
29 (c) Such special occasion permit shall only be valid for the
30 number of days stated in the permit. Only one permit may be
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1 issued to any permittee during the [year] twelve-month period.
2 Provided, that a museum operated by a nonprofit corporation in a
3 city of the third class and a nonprofit corporation engaged in
4 the performing arts in a city of the third class may be issued
5 no more than six permits during the year, each permit being
6 valid for only one day, or in the alternative, one permit valid
7 for no more than a total of ten consecutive days per year, which
8 may be issued only during the month of August.
9 (d) Such permits shall only be issued for use at a special
10 event including, but not limited to bazaars, picnics and
11 clambakes. The special event must be one which is used by the
12 permittee as a means of raising funds for itself.
13 (d.1) The hours during which the holder of a special
14 occasion permit may sell liquor or malt or brewed beverages
15 shall be limited to the hours set forth in section 406 which are
16 applicable to hotel and restaurant licensees. The hours during
17 which a nonprofit corporation engaged in the performing arts in
18 a city of the third class may sell liquor or malt or brewed
19 beverages pursuant to a special occasion permit shall be limited
20 to those hours set forth in section 408.3(g.1).
21 (d.2) At least forty-eight hours prior to the sale of any
22 liquor or malt or brewed beverages, the holder of a special
23 occasion permit shall notify the local police department, or in
24 the absence of a local police department, the Pennsylvania State
25 Police, of the times when and place where the sale of liquor or
26 malt or brewed beverages shall occur.
27 (e) The provisions of this section shall not be applicable
28 to any licensee now or hereafter possessing a caterer's license,
29 nor to any professional fund raiser.
30 (f) Any person selling liquor or malt or brewed beverages in
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1 violation of this section shall, upon summary conviction, be
2 sentenced to pay a fine of two hundred fifty dollars ($250) for
3 the first offense and a fine of five hundred dollars ($500) for
4 each subsequent offense. This fine shall be in addition to any
5 other penalty imposed by law for the illegal sale of malt or
6 brewed beverages.
7 Section 2. This act shall take effect immediately.
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