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| PRIOR PRINTER'S NOS. 88, 532 | PRINTER'S NO. 1542 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, GEIST, KORTZ, MUSTIO, READSHAW, SONNEY, WAGNER AND STEVENSON, JANUARY 21, 2011 |
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| AS RE-REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 13, 2011 |
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| AN ACT |
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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 definitions, for hotel, restaurant and | <-- |
18 | club liquor licenses, for sales by liquor licensees and |
19 | restrictions and for unlawful acts relative to liquor, malt |
20 | and brewed beverages and licensees. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. The definition of "eligible entity" in section |
24 | 102 of the act of April 12, 1951 (P.L.90, No.21), known as the |
25 | Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) |
26 | and amended June 25, 2010 (P.L.217, No.35), is amended and the |
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1 | section is amended by adding definitions to read: |
2 | Section 102. Definitions.--The following words or phrases, |
3 | unless the context clearly indicates otherwise, shall have the |
4 | meanings ascribed to them in this section: |
5 | * * * |
6 | "Catered event" shall mean the furnishing of prepared foods |
7 | in conjunction with alcoholic beverages for the accommodation of |
8 | a group of people who made arrangements for the event at least |
9 | forty-eight hours in advance and is paid for and sponsored by a |
10 | third party. |
11 | * * * |
12 | "Eligible entity" shall mean a city of the third class, a |
13 | hospital, a church, a synagogue, a volunteer fire company, a |
14 | volunteer ambulance company, a volunteer rescue squad, a unit of |
15 | a nationally chartered club which has been issued a club liquor |
16 | license, a club in a city of the third class which has been |
17 | issued a club liquor license and which, as of December 31, 2002, |
18 | has been in existence for at least 100 years, a library, a |
19 | nationally accredited Pennsylvania nonprofit zoological |
20 | institution licensed by the United States Department of |
21 | Agriculture, a nonprofit agricultural association in existence |
22 | for at least ten years, a bona fide sportsmen's club in |
23 | existence for at least ten years, a nationally chartered |
24 | veterans' organization and any affiliated lodge or subdivision |
25 | of such organization, a fraternal benefit society that is |
26 | licensed to do business in this Commonwealth and any affiliated |
27 | lodge or subdivision of such fraternal benefit society, a museum |
28 | operated by a nonprofit corporation in a city of the third class |
29 | or township of the first class, a nonprofit corporation engaged |
30 | in the performing arts in a city of the third class, borough or |
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1 | in an incorporated town, an arts council, a nonprofit |
2 | corporation that operates an arts facility or museum in a city |
3 | of the third class in the county of the fourth class, a |
4 | nonprofit organization as defined under section 501(c)(3) of the |
5 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
6 | 501(c)(3)) whose purpose is to protect the architectural |
7 | heritage of boroughs or a township of the second class and which |
8 | has been recognized as such by a municipal resolution, a |
9 | nonprofit organization as defined under section 501(c)(3) of the |
10 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
11 | 501(c)(3)) conducting a regatta in a city of the second class |
12 | with the permit to be used on State park grounds or conducting a |
13 | family-oriented celebration as part of Welcome America in a city |
14 | of the first class on property leased from that city for more |
15 | than fifty years, a nonprofit organization as defined under |
16 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
17 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
18 | research and treatment of cystic fibrosis, a nonprofit |
19 | organization as defined under section 501(c)(3) of the Internal |
20 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
21 | educate the public on issues dealing with watershed |
22 | conservation, a nonprofit organization as defined under section |
23 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
24 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
25 | equine assisted activities for children and adults with special |
26 | needs, a nonprofit economic development agency in a city of the |
27 | second class with the primary function to serve as an economic |
28 | generator for the greater southwestern Pennsylvania region by |
29 | attracting and supporting film, television and related media |
30 | industry projects and coordinating government and business |
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1 | offices in support of a production, a county tourist promotion |
2 | agency as defined in section 3(1) of the act of April 28, 1961 |
3 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
4 | located in a city of the third class in a county of the fourth |
5 | class or located in a township of the second class in a county |
6 | of the fifth class, a junior league in a third class county that |
7 | is a nonprofit organization as defined under section 501(c)(3) |
8 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
9 | that is comprised of women whose purpose is exclusively |
10 | educational and charitable in promoting the volunteerism of |
11 | women and developing and participating in community projects and |
12 | that has been in existence for over seventy years, a nonprofit |
13 | organization as defined under section 501(c)(3) of the Internal |
14 | Revenue Code of 1986 which is located in counties of the second |
15 | class A or of the third class and whose purpose is the education |
16 | and promotion of American history, a nonprofit organization as |
17 | defined under section 501(c)(6) of the Internal Revenue Code of |
18 | 1986 which is located in a city of the third class in a county |
19 | of the third class and whose purpose is to support business and |
20 | industry, a brewery which has been issued a license to |
21 | manufacture malt or brewed beverages and has been in existence |
22 | for at least 100 years or a club recognized by Rotary |
23 | International which is located in a county of the fourth class |
24 | and whose purpose is to provide service to others, to promote |
25 | high ethical standards and to advance world understanding, |
26 | goodwill and peace through its fellowship of business, |
27 | professional and community leaders or a nonprofit organization |
28 | as defined under section 501(c)(3) of the Internal Revenue Code |
29 | of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is |
30 | located in a borough in a county of the third class and whose |
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1 | purpose is to promote mushrooms while supporting local and |
2 | regional charities, a nonprofit organization as defined under |
3 | section 501(c)(3) of the Internal Revenue Code of 1986 whose |
4 | main purpose is to temporarily foster stray and unwanted animals |
5 | and match them to suitable permanent homes, a nonprofit |
6 | organization as defined under section 501(c)(3) of the Internal |
7 | Revenue Code of 1986 who operates either a Main Street Program |
8 | or Elm Street Program recognized by the Commonwealth, the |
9 | National Trust for Historic Preservation or both. |
10 | * * * |
11 | "Happy hour" shall mean the period of time during which a |
12 | licensee discounts alcoholic beverages. |
13 | * * * |
14 | Section 2. Section 404 of the act, amended January 6, 2006 |
15 | (P.L.1, No.1), is amended to read: |
16 | Section 404. Issuance, Transfer or Extension of Hotel, |
17 | Restaurant and Club Liquor Licenses.--Upon receipt of the |
18 | application and the proper fees, and upon being satisfied of the |
19 | truth of the statements in the application that the applicant is |
20 | the only person in any manner pecuniarily interested in the |
21 | business so asked to be licensed and that no other person will |
22 | be in any manner pecuniarily interested therein during the |
23 | continuance of the license, except as hereinafter permitted, and |
24 | that the applicant is a person of good repute, that the premises |
25 | applied for meet all the requirements of this act and the |
26 | regulations of the board, that the applicant seeks a license for |
27 | a hotel, restaurant or club, as defined in this act, and that |
28 | the issuance of such license is not prohibited by any of the |
29 | provisions of this act, the board shall, in the case of a hotel |
30 | or restaurant, grant and issue to the applicant a liquor |
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1 | license, and in the case of a club may, in its discretion, issue |
2 | or refuse a license: Provided, however, That in the case of any |
3 | new license or the transfer of any license to a new location or |
4 | the extension of an existing license to cover an additional area |
5 | the board may, in its discretion, grant or refuse such new |
6 | license, transfer or extension if such place proposed to be |
7 | licensed is within three hundred feet of any church, hospital, |
8 | charitable institution, school, or public playground, or if such |
9 | new license, transfer or extension is applied for a place which |
10 | is within two hundred feet of any other premises which is |
11 | licensed by the board: And provided further, That the board's |
12 | authority to refuse to grant a license because of its proximity |
13 | to a church, hospital, charitable institution, public playground |
14 | or other licensed premises shall not be applicable to license |
15 | applications submitted for public venues or performing arts |
16 | facilities: And provided further, That the board shall refuse |
17 | any application for a new license, the transfer of any license |
18 | to a new location or the extension of an existing license to |
19 | cover an additional area if, in the board's opinion, such new |
20 | license, transfer or extension would be detrimental to the |
21 | welfare, health, peace and morals of the inhabitants of the |
22 | neighborhood within a radius of five hundred feet of the place |
23 | proposed to be licensed: And provided further, That the board |
24 | shall have the discretion to refuse a license to any person or |
25 | to any corporation, partnership or association if such person, |
26 | or any officer or director of such corporation, or any member or |
27 | partner of such partnership or association shall have been |
28 | convicted or found guilty of a felony within a period of five |
29 | years immediately preceding the date of application for the said |
30 | license. The board shall refuse any application for a new |
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1 | license, the transfer of any license to a new location or the |
2 | extension of any license to cover an additional area where the |
3 | sale of liquid fuels or oil is conducted. The board may enter |
4 | into an agreement with the applicant concerning additional |
5 | restrictions on the license in question. If the board and the |
6 | applicant enter into such an agreement, such agreement shall be |
7 | binding on the applicant. Failure by the applicant to adhere to |
8 | the agreement will be sufficient cause to form the basis for a |
9 | citation under section 471 and for the nonrenewal of the license |
10 | under section 470. If the board enters into an agreement with an |
11 | applicant concerning additional restrictions, those restrictions |
12 | shall be binding on subsequent holders of the license until the |
13 | license is transferred to a new location or until the board |
14 | enters into a subsequent agreement removing those restrictions. |
15 | If the application in question involves a location previously |
16 | licensed by the board, then any restrictions imposed by the |
17 | board on the previous license at that location shall be binding |
18 | on the applicant unless the board enters into a new agreement |
19 | rescinding those restrictions. The board may, in its discretion, |
20 | refuse an application for an economic development license under |
21 | section 461(b.1) or an application for an intermunicipal |
22 | transfer of a license if the board receives a protest from the |
23 | governing body of the receiving municipality. The receiving |
24 | municipality of an intermunicipal transfer or an economic |
25 | development license under section 461(b.1) may file a protest |
26 | against the transfer of a license into its municipality, and the |
27 | receiving municipality shall have standing in a hearing to |
28 | present testimony in support of or against the issuance or |
29 | transfer of a license. Upon any opening in any quota, an |
30 | application for a new license shall only be filed with the board |
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1 | for a period of six months following said opening. |
2 | Notwithstanding another provision of law, the board may not |
3 | refuse to transfer or renew a license previously issued for |
4 | premises located in a township of the second class within a |
5 | county of the third class that is a dry municipality based on |
6 | the fact that the municipality is a dry municipality if the |
7 | premises for which the license is being transferred or renewed |
8 | have been continuously licensed by the board for a period of |
9 | fifty years or more. |
10 | Section 3. Section 406(a)(1) of the act, amended July 6, |
11 | 2005 (P.L.135, No.39), is amended and the section is amended by |
12 | adding subsections to read: |
13 | Section 406. Sales by Liquor Licensees; Restrictions.--(a) |
14 | (1) Every hotel, restaurant or club liquor licensee may sell |
15 | liquor and malt or brewed beverages by the glass, open bottle or |
16 | other container, and in any mixture, for consumption only in |
17 | that part of the hotel or restaurant habitually used for the |
18 | serving of food to guests or patrons, or, in the case of a |
19 | restaurant, hotel or eating place licensee, at a catered event |
20 | off the licensed premises, or in a bowling alley that is |
21 | immediately adjacent to and under the same roof as a restaurant, |
22 | and in the case of hotels, to guests, and in the case of clubs, |
23 | to members, in their private rooms in the hotel or club. No club |
24 | licensee nor its officers, servants, agents or employes, other |
25 | than one holding a catering license, shall sell any liquor or |
26 | malt or brewed beverages to any person except a member of the |
27 | club. The holder of a restaurant license located in a hotel may |
28 | sell liquor or malt or brewed beverages for consumption in that |
29 | part of the restaurant habitually used for the serving of meals |
30 | to patrons and also to guests in private guest rooms in the |
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1 | hotel. For the purpose of this paragraph, any person who is an |
2 | active member of another club which is chartered by the same |
3 | state or national organization shall have the same rights and |
4 | privileges as members of the particular club. For the purpose of |
5 | this paragraph, any person who is an active member of any |
6 | volunteer firefighting company, association or group of this |
7 | Commonwealth, whether incorporated or unincorporated, shall upon |
8 | the approval of any club composed of volunteer firemen licensed |
9 | under this act, have the same social rights and privileges as |
10 | members of such licensed club. For the purposes of this |
11 | paragraph, the term "active member" shall not include a social |
12 | member. Any club licensee which is either an incorporated unit |
13 | of a national veterans' organization or an affiliated |
14 | organization as defined in section 461.1 shall be permitted to |
15 | sell liquor or malt or brewed beverages to any active member of |
16 | another unit which is chartered by the same national veterans' |
17 | organization or to any member of a nationally chartered |
18 | auxiliary associated with the same national veterans' |
19 | organization. |
20 | * * * |
21 | (f) The holder of a hotel license or a restaurant license | <-- |
22 | may sell up to three bottles of wine for consumption off the |
23 | licensed premises so long as the bottles of wine remain sealed. |
24 | For purposes of this subsection, "wine" shall have the meaning |
25 | given to it under section 488(i). |
26 | (g) The holder of a hotel license, eating place license or a | <-- |
27 | restaurant license may obtain an off-premises catering license | <-- |
28 | permit subject to section 493(33) to hold a catered event off | <-- |
29 | the licensed premises and on otherwise unlicensed premises where |
30 | the licensee may sell wine, liquor and malt or brewed beverages |
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1 | by the glass, open bottle or other container, and in any |
2 | mixture, for consumption on those premises solely used for |
3 | catering purposes so long as the liquor and malt or brewed |
4 | beverages were purchased in conjunction with a meal which will |
5 | be consumed on the catered premises. The holder of an eating | <-- |
6 | place license may obtain an off-premises catering permit subject |
7 | to section 493(33) to hold a catered event off the licensed |
8 | premises and on otherwise unlicensed premises where the licensee |
9 | may sell malt or brewed beverages by the glass, open bottle or |
10 | other container for consumption on those premises solely used |
11 | for catering purposes so long as the malt or brewed beverages |
12 | were purchased in conjunction with a meal which will be consumed |
13 | on the catered premises. There shall be no limitation on the |
14 | number of off-premises catered events a licensee may hold at any |
15 | given time. At no time may an off-premises catering permittee |
16 | agree to hold a catered event that includes the sale of alcohol |
17 | at a location within a dry municipality. In addition, the off- |
18 | premises catering permittee shall give the local police |
19 | department or the Pennsylvania State Police, if there is no |
20 | local police department, written notice at least forty-eight |
21 | hours prior to each off-premises catered event. Written notice |
22 | shall consist of notifying the police of the date, time and |
23 | place of the impending sale of alcoholic beverages. |
24 | (h) (g) The Notwithstanding any other provision of law or | <-- |
25 | regulation, the holder of a hotel license or a restaurant | <-- |
26 | license or an eating place license retail license may have up to | <-- |
27 | four hours per day and up to fourteen hours per week during | <-- |
28 | which the holder discounts the price of alcoholic beverages. The |
29 | licensee may use as many of the fourteen hours per business day | <-- |
30 | as the licensee chooses up to four hours per day so long as the | <-- |
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1 | hours do not exceed fourteen hours in any given week and so long |
2 | as no discounts are given between the hours of midnight and the |
3 | legal closing time and so long as notice of all happy hours is | <-- |
4 | visibly posted on the licensed premises seven days prior to the |
5 | happy hour. |
6 | Section 4. Section 493(10) of the act, amended December 20, |
7 | 2000 (P.L.992, No.141), is amended and the section is amended by |
8 | adding a paragraph to read: |
9 | Section 493. Unlawful Acts Relative to Liquor, Malt and |
10 | Brewed Beverages and Licensees.--The term "licensee," when used |
11 | in this section, shall mean those persons licensed under the |
12 | provisions of Article IV, unless the context clearly indicates |
13 | otherwise. |
14 | It shall be unlawful-- |
15 | * * * |
16 | (10) Entertainment on Licensed Premises (Except Clubs); |
17 | Permits; Fees. For any licensee, his servants, agents or |
18 | employes, except club licensees, public venue licensees or |
19 | performing arts facility licensees, to permit in any licensed |
20 | premises or in any place operated in connection therewith, |
21 | dancing, theatricals or floor shows of any sort, or moving |
22 | pictures other than television, or such as are exhibited through |
23 | machines operated by patrons by the deposit of coins, which |
24 | project pictures on a screen not exceeding in size twenty-four |
25 | by thirty inches and which forms part of the machine, unless the |
26 | licensee shall first have obtained from the board a special |
27 | permit to provide such entertainment, or for any licensee, under |
28 | any circumstances, to permit in any licensed premises or in any |
29 | place operated in connection therewith any lewd, immoral or |
30 | improper entertainment, regardless of whether a permit to |
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1 | provide entertainment has been obtained or not. The special |
2 | permit may be used only during the hours when the sale of liquor |
3 | or malt or brewed beverages is permitted, unless the licensee |
4 | holds an extended hours food license under section 499(b) which |
5 | license would allow the special permit to be used while the |
6 | establishment is open, and between eleven o'clock antemeridian |
7 | on Sunday and two o'clock antemeridian on the following Monday, |
8 | regardless of whether the licensee possesses a Sunday sales |
9 | permit. The board shall have power to provide for the issue of |
10 | such special permits, and to collect an annual fee for such |
11 | permits as prescribed in section 614-A of the act of April 9, |
12 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
13 | 1929." All such fees shall be paid into the State Stores Fund. |
14 | No such permit shall be issued in any municipality which, by |
15 | ordinance, prohibits amusements in licensed places. Any |
16 | violation of this clause shall, in addition to the penalty |
17 | herein provided, subject the licensee to suspension or |
18 | revocation of his permit and his license. |
19 | * * * |
20 | (33) Off-premises Catering Permit; Fees. For any licensee, |
21 | his servants, agents or employes to cater an event that includes |
22 | the sale and service of alcoholic beverages at a location other |
23 | than the licensed premises, unless the licensee shall first have |
24 | obtained from the board a special permit to provide such |
25 | catering services. Only those licensees currently holding a |
26 | valid restaurant, hotel or eating place license that has been |
27 | certified under the board's responsible alcohol management |
28 | program as required by section 471.1 shall be allowed to apply |
29 | for such a permit. The board shall have the power to provide for |
30 | the issue of such special permits to qualified licensees and to |
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1 | collect an annual fee for such permits as prescribed in section | <-- |
2 | 614-A of "The Administrative Code of 1929." that shall not | <-- |
3 | exceed five hundred dollars ($500) per year. All such fees shall |
4 | be paid into the State Stores Fund. Any violation of this act |
5 | shall subject the licensee to suspension or revocation of his |
6 | permit and preclude him from applying for a future off-premises |
7 | catering permit. |
8 | Section 5. This act shall take effect in 60 days. |
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