PRIOR PRINTER'S NO. 3094 | PRINTER'S NO. 3724 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 2069 | Session of 2014 |
INTRODUCED BY MASSER, HEFFLEY, O'NEILL, WATSON, MILLARD, PICKETT, JAMES, TURZAI, COHEN, KAVULICH, EVERETT, KILLION AND FARRY, MARCH 10, 2014
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 2014
AN ACT
1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
<-17further defining "eligible entity"; and further providing for
18unlawful acts relative to liquor, malt and brewed beverages
19and licensees.
20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:
22Section 1. S<-ection 493(24) of the act of April 12, 1951
23(P.L.90, No.21), known as the Liquor Code, reenacted and amended
24June 29, 1987 (P.L.32, No.14) and amended November 29, 2006
25(P.L.1421, No.155), is amended and the clause is amended by
1adding a subclause to read:
<-2Section 1. The definition of "eligible entity" in section
3102 of the act of April 12, 1951 (P.L.90, No.21), known as the
4Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
5and amended July 5, 2012 (P.L.1007, No.116), is amended to read:
6Section 102. Definitions.--The following words or phrases,
7unless the context clearly indicates otherwise, shall have the
8meanings ascribed to them in this section:
9* * *
10"Eligible entity" shall mean a city of the third class, a
11hospital, a church, a synagogue, a volunteer fire company, a
12volunteer ambulance company, a volunteer rescue squad, a unit of
13a nationally chartered club which has been issued a club liquor
14license, a club which has been issued a club liquor license and
15which, as of December 31, 2002, has been in existence for at
16least 100 years, a library, a nationally accredited Pennsylvania
17nonprofit zoological institution licensed by the United States
18Department of Agriculture, a nonprofit agricultural association
19in existence for at least ten years, a bona fide sportsmen's
20club in existence for at least ten years, a nationally chartered
21veterans' organization and any affiliated lodge or subdivision
22of such organization, a fraternal benefit society that is
23licensed to do business in this Commonwealth and any affiliated
24lodge or subdivision of such fraternal benefit society, a museum
25operated by a nonprofit corporation, a nonprofit corporation
26engaged in the performing arts, an arts council, a nonprofit
27corporation that operates an arts facility or museum, a
28nonprofit organization as defined under section 501(c)(3) of the
29Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
30501(c)(3)) whose purpose is to protect the architectural
1heritage of boroughs or a township of the second class and which
2has been recognized as such by a municipal resolution, a
3nonprofit organization as defined under section 501(c)(3) of the
4Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
5501(c)(3)) conducting a regatta in a city of the second class
6with the permit to be used on State park grounds or conducting a
7family-oriented celebration as part of Welcome America in a city
8of the first class on property leased from that city for more
9than fifty years, a nonprofit organization as defined under
10section 501(c)(3) of the Internal Revenue Code of 1986 (26
11U.S.C. § 501(c)(3)) whose purpose is to raise funds for the
12research and treatment of cystic fibrosis, a nonprofit
13organization as defined under section 501(c)(3) of the Internal
14Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to
15educate the public on issues dealing with watershed
16conservation, a nonprofit organization as defined under section
17501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
18514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide equine
19assisted activities for children and adults with special needs,
20a nonprofit economic development agency in a city of the second
21class with the primary function to serve as an economic
22generator for the greater southwestern Pennsylvania region by
23attracting and supporting film, television and related media
24industry projects and coordinating government and business
25offices in support of a production, a county tourist promotion
26agency as defined in section 3(1) of the act of April 28, 1961
27(P.L.111, No.50), known as the "Tourist Promotion Law," a junior
28league that is a nonprofit organization as defined under section
29501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. §
30501(c)(3)) that is comprised of women whose purpose is
1exclusively educational and charitable in promoting the
2volunteerism of women and developing and participating in
3community projects and that has been in existence for over
4seventy years, a nonprofit organization as defined under section
5501(c)(3) of the Internal Revenue Code of 1986 and whose purpose
6is the education and promotion of American history, a nonprofit
7organization as defined under section 501(c)(6) of the Internal
8Revenue Code of 1986 whose purpose is to support business and
9industry, a brewery which has been issued a license to
10manufacture malt or brewed beverages and has been in existence
11for at least 100 years or a club recognized by Rotary
12International and whose purpose is to provide service to others,
13to promote high ethical standards and to advance world
14understanding, goodwill and peace through its fellowship of
15business, professional and community leaders or a nonprofit
16organization as defined under section 501(c)(3) of the Internal
17Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))
18whose purpose is to promote mushrooms while supporting local and
19regional charities, a museum operated by a not-for-profit
20corporation in a city of the second class A, a nonprofit
21organization as defined under section 501(c)(3) of the Internal
22Revenue Code of 1986 which is located in a city of the second
23class A and has as its purpose economic and community
24development, a nonprofit organization as defined under section
25501(c)(3) or (6) of the Internal Revenue Code of 1986 that is
26located in a city of the third class in a county of the fifth
27class, a nonprofit social service organization defined under
28section 501(c)(3) of the Internal Revenue Code of 1986 located
29in a county of the third class whose purpose is to serve
30individuals and families in that county of the third class, a
1nonprofit organization as defined under section 501(c)(3) of the
2Internal Revenue Code of 1986 whose main purpose is to
3temporarily foster stray and unwanted animals and match them to
4suitable permanent homes or a nonprofit organization as defined
5under section 501(c)(3) of the Internal Revenue Code of 1986 who
6operates either a Main Street Program or Elm Street Program
7recognized by the Commonwealth, the National Trust for Historic
8Preservation or both, a nonprofit radio station that is a member
9of the National Public Radio network, a nonprofit public
10television station that is a member of the Pennsylvania Public
11Television Network [or], a nonprofit organization as defined
12under section 501(c)(3) of the Internal Revenue Code of 1986
13whose purpose is to promote awareness, education and research
14and to provide a support system for patients with neutropenia
15and their families through a national resource network or a
16nonprofit organization as defined under section 501(c)(3) of the
17Internal Revenue Code of 1986 that is located in a city of the
18first class and has been in existence for over fifteen years
19whose purpose is community-based economic development.
20Section 2. Section 493(24) of the act, amended November 29,
212006 (P.L.1421, No.155), is amended and the clause is amended by
22adding subclauses to read:
23Section 493. Unlawful Acts Relative to Liquor, Malt and
24Brewed Beverages and Licensees.--The term "licensee," when used
25in this section, shall mean those persons licensed under the
26provisions of Article IV, unless the context clearly indicates
27otherwise.
28It shall be unlawful--
29* * *
30(24) (i) Things of Value Offered as Inducement. Except as
1provided in subclause (ii) and subclause (iii), for any licensee
2under the provisions of this article, or the board or any
3manufacturer, or any employe or agent of a manufacturer,
4licensee or of the board, to offer to give anything of value or
5to solicit or receive anything of value as a premium for the
6return of caps, stoppers, corks, stamps or labels taken from any
7bottle, case, barrel or package containing liquor or malt or
8brewed beverage, or to offer or give or solicit or receive
9anything of value as a premium or present to induce directly the
10purchase of liquor or malt or brewed beverage, or for any
11licensee, manufacturer or other person to offer or give to trade
12or consumer buyers any prize, premium, gift or other inducement
13to purchase liquor or malt or brewed beverages, except
14advertising novelties of nominal value which the board shall
15define. This section shall not prevent any manufacturer or any
16agent of a manufacturer from offering and honoring coupons which
17offer monetary rebates on purchases of wines and spirits through
18State Liquor Stores or purchases of malt or brewed beverages
19through distributors and importing distributors in accordance
20with conditions or regulations established by the board. The
21board may redeem coupons offered by a manufacturer or an agent
22of a manufacturer at the time of purchase. Coupons offered by a
23manufacturer or an agent of a manufacturer shall not be redeemed
24without proof of purchase. This section shall not apply to the
25return of any monies specifically deposited for the return of
26the original container to the owners thereof.
27(ii) Notwithstanding subclause (i) or any other provision of
28law, a holder of a restaurant license that is also approved to
29hold a slot machine license or a conditional slot machine
30license under 4 Pa.C.S. Part II (relating to gaming) may give
1liquor and malt or brewed beverages free of charge to any person
2actively engaged in playing a slot machine.
3(iii) Notwithstanding subclause (i) or any other provision
4of law or regulation, a holder of a license under provisions of
5this clause may offer discounts of food or malt or brewed
6beverages and disproportionate serving amounts that act as a
7discount to patrons who are part of a bona fide club or group
8program offered by the licensee to promote its business or
9products in a commercially reasonable manner.
<-10(iv) No discounts of food or malt or brewed beverages and
11disproportionate serving amounts offered pursuant to subclause
12(iii) shall be given between the hours of midnight and two
13o'clock antemeridian on any given day.
14* * *
15Section <-2 3. This act shall take effect in 60 days.