THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BROOKS, MAHER, BOYD, CLYMER, FREEMAN, GEIST, HARHART, HORNAMAN, KAUFFMAN, KORTZ, MILLARD, MILLER, MOUL, PICKETT, SONNEY, STERN, SWANGER, VULAKOVICH, FLECK, EVERETT AND REICHLEY, JANUARY 27, 2011

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, JANUARY 27, 2011  

AN ACT

Amending the act of May 21, 1943 (P.L.595, No.259), entitled, as

amended, "An act authorizing the Department of Property and

Supplies to establish, operate and maintain restaurants, as

herein defined, creating a revolving fund for this purpose,

to be known as The State Restaurant Fund; and providing

additional duties for the State Treasurer and the Department

of Health in connection therewith," further providing for

inspection authority and for definitions; and making

editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and section 1 of the act of May 21,

1943 (P.L.595, No.259), entitled "An act authorizing the

Department of Property and Supplies to establish, operate and

maintain restaurants, as herein defined, creating a revolving

fund for this purpose, to be known as The State Restaurant Fund;

and providing additional duties for the State Treasurer and the

Department of Health in connection therewith," amended July 13,

1967 (P.L.174, No.49), are amended to read:

AN ACT

Authorizing the Department of [Property and Supplies] General

Services to establish, operate and maintain restaurants, as

herein defined, creating a revolving fund for this purpose, to

be known as The State Restaurant Fund; and providing additional

duties for the State Treasurer and the Department of [Health]

Agriculture in connection therewith. 

Section 1.  (a)  The Department of [Property and Supplies]

General Services shall have the power and it shall be its duty,

whenever it shall be unable to secure a suitable tenant or

tenants for the operation of a restaurant or restaurants in the

State Capitol and other State office buildings, to establish,

operate and maintain, with the approval of the Governor, such

restaurant or restaurants as may be necessary for the proper

accommodation of State administrative, legislative and judicial

personnel and capitol visitors.

(b)  If the Department of General Services is able to secure

a suitable tenant under subsection (a), the tenant shall comply

with the provisions of 3 Pa.C.S. Ch. 57 Subch. A (relating to

retail food facility safety). A lease agreement between the

Department of General Services and a tenant shall include the

name of the licensor with jurisdiction under 3 Pa.C.S. Ch. 57

Subch. A.

(c)  A licensee of the Department of Labor and Industry under

Subarticle (b) or (c) of Article XXII of the act of April 9,

1929 (P.L.177, No.175), known as "The Administrative Code of

1929," shall comply with 3 Pa.C.S. Ch. 57 Subch. A. The

Department of Labor and Industry shall specify to the licensee

the name of the licensor with jurisdiction under 3 Pa.C.S. Ch.

57 Subch. A.

Section 2.  Section 3 of the act is amended to read:

Section 3.  (a)  The Department of [Health] Agriculture shall

have the power and it shall be its duty to inspect from time to

time, following the regulatory standards established by the

department under 3 Pa.C.S. Ch. 57 Subch. A (relating to retail

food facility safety), any and all restaurants operated under

the provisions of [this act] section 1(a), and to report to the

Governor periodically on the sanitary and health conditions

prevailing in said restaurant or restaurants.

(b)  If the Department of General Services, the Department of

Labor and Industry or the Department of Agriculture determines

that a tenant or a licensor is not in compliance with 3 Pa.C.S.

Ch. 57 Subch. A, the Department of Agriculture shall have the

authority to execute a memorandum of understanding with the

licensor to license and inspect the restaurant. Any fees

collected by the licensor shall be transferred to the Department

of Agriculture on a prorated basis for the license period.

Section 3.  Section 6 of the act is amended to read:

Section 6.  "Restaurant," as used in this act, shall mean

grill, cafeteria and soda fountain, to include all the incidents

of such businesses as they are generally conducted in this

Commonwealth.

"Licensor," as used in this act, shall have the same meaning

as defined in 3 Pa.C.S. § 5702 (relating to definitions).

Section 4.  This act shall take effect immediately.