Regular Session 2015-2016 House Bill 0770 P.N. 1526

PRIOR PRINTER'S NOS. 910, 1423

PRINTER'S NO. 1526

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

770

Session of

2015

INTRODUCED BY MASSER, SCHREIBER, PICKETT, COHEN, FREEMAN,

SANKEY, HEFFLEY, WATSON, MILLARD, HARHAI, HARHART, GABLER,

MOUL, GIBBONS AND FARRY, MARCH 10, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MAY 11, 2015

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws," in

preliminary provisions, further defining "eligible entity";

and, in licenses and regulations for liquor, alcohol and malt

and brewed beverages, further providing for unlawful acts

relative to liquor, malt and brewed beverages and licensees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "eligible entity" in section

102 of the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)

and amended July 5, 2012 (P.L.1007, No.116), is amended to read:

Section 102. Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Eligible entity" shall mean a city of the third class, a

hospital, a church, a synagogue, a volunteer fire company, a

volunteer ambulance company, a volunteer rescue squad, a unit of

a nationally chartered club which has been issued a club liquor

license, a club which has been issued a club liquor license and

which, as of December 31, 2002, has been in existence for at

least 100 years, a library, a nationally accredited Pennsylvania

nonprofit zoological institution licensed by the United States

Department of Agriculture, a nonprofit agricultural association

in existence for at least ten years, a bona fide sportsmen's

club in existence for at least ten years, a nationally chartered

veterans' organization and any affiliated lodge or subdivision

of such organization, a fraternal benefit society that is

licensed to do business in this Commonwealth and any affiliated

lodge or subdivision of such fraternal benefit society, a museum

operated by a nonprofit corporation, a nonprofit corporation

engaged in the performing arts, an arts council, a nonprofit

corporation that operates an arts facility or museum, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) whose purpose is to protect the architectural

heritage of boroughs or a township of the second class and which

has been recognized as such by a municipal resolution, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) conducting a regatta in a city of the second class

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with the permit to be used on State park grounds or conducting a

family-oriented celebration as part of Welcome America in a city

of the first class on property leased from that city for more

than fifty years, a nonprofit organization as defined under

section 501(c)(3) of the Internal Revenue Code of 1986 (26

U.S.C. § 501(c)(3)) whose purpose is to raise funds for the

research and treatment of cystic fibrosis, a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to

educate the public on issues dealing with watershed

conservation, a nonprofit organization as defined under section

501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-

514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide equine

assisted activities for children and adults with special needs,

a nonprofit economic development agency in a city of the second

class with the primary function to serve as an economic

generator for the greater southwestern Pennsylvania region by

attracting and supporting film, television and related media

industry projects and coordinating government and business

offices in support of a production, a county tourist promotion

agency as defined in section 3(1) of the act of April 28, 1961

(P.L.111, No.50), known as the "Tourist Promotion Law," a junior

league that is a nonprofit organization as defined under section

501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. §

501(c)(3)) that is comprised of women whose purpose is

exclusively educational and charitable in promoting the

volunteerism of women and developing and participating in

community projects and that has been in existence for over

seventy years, a nonprofit organization as defined under section

501(c)(3) of the Internal Revenue Code of 1986 and whose purpose

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is the education and promotion of American history, a nonprofit

organization as defined under section 501(c)(6) of the Internal

Revenue Code of 1986 whose purpose is to support business and

industry, a brewery which has been issued a license to

manufacture malt or brewed beverages and has been in existence

for at least 100 years or a club recognized by Rotary

International and whose purpose is to provide service to others,

to promote high ethical standards and to advance world

understanding, goodwill and peace through its fellowship of

business, professional and community leaders or a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3))

whose purpose is to promote mushrooms while supporting local and

regional charities, a museum operated by a not-for-profit

corporation in a city of the second class A, a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 which is located in a city of the second

class A and has as its purpose economic and community

development, a nonprofit organization as defined under section

501(c)(3) or (6) of the Internal Revenue Code of 1986 that is

located in a city of the third class in a county of the fifth

class, a nonprofit social service organization defined under

section 501(c)(3) of the Internal Revenue Code of 1986 located

in a county of the third class whose purpose is to serve

individuals and families in that county of the third class, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 whose main purpose is to

temporarily foster stray and unwanted animals and match them to

suitable permanent homes or a nonprofit organization as defined

under section 501(c)(3) of the Internal Revenue Code of 1986 who

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operates either a Main Street Program or Elm Street Program

recognized by the Commonwealth, the National Trust for Historic

Preservation or both, a nonprofit radio station that is a member

of the National Public Radio network, a nonprofit public

television station that is a member of the Pennsylvania Public

Television Network [or], a nonprofit organization as defined

under section 501(c)(3) of the Internal Revenue Code of 1986

whose purpose is to promote awareness, education and research

and to provide a support system for patients with neutropenia

and their families through a national resource network or a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 that is located in a city of the

first class and has been in existence for over fifteen years

whose purpose is community-based economic development.[.] FIRST

CLASS, WAS ORGANIZED IN 1995 AS A COMMUNITY DEVELOPMENT

CORPORATION TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE

RESIDENTS, BUSINESSES AND INSTITUTIONS OF A NEIGHBORHOOD OF A

CITY OF THE FIRST CLASS, AND WHOSE WORKS INCLUDE PUBLIC

PROMOTIONS, NEIGHBORHOOD IMPROVEMENT PROJECTS AND COMMERCIAL

CORRIDOR IMPROVEMENTS, INCLUDING A BUSINESS IMPROVEMENT

DISTRICT.

Section 2. Section 493(24) of the act, amended November 29,

2006 (P.L.1421, No.155), is amended to read:

Section 493. Unlawful Acts Relative to Liquor, Malt and

Brewed Beverages and Licensees.--The term "licensee," when used

in this section, shall mean those persons licensed under the

provisions of Article IV, unless the context clearly indicates

otherwise.

It shall be unlawful--

* * *

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<--

(24) (i) Things of Value Offered as Inducement. Except as

provided in [subclause (ii)] subclauses (ii) and (iii), for any

licensee under the provisions of this article, or the board or

any manufacturer, or any employe or agent of a manufacturer,

licensee or of the board, to offer to give anything of value or

to solicit or receive anything of value as a premium for the

return of caps, stoppers, corks, stamps or labels taken from any

bottle, case, barrel or package containing liquor or malt or

brewed beverage, or to offer or give or solicit or receive

anything of value as a premium or present to induce directly the

purchase of liquor or malt or brewed beverage, or for any

licensee, manufacturer or other person to offer or give to trade

or consumer buyers any prize, premium, gift or other inducement

to purchase liquor or malt or brewed beverages, except

advertising novelties of nominal value which the board shall

define. This section shall not prevent any manufacturer or any

agent of a manufacturer from offering and honoring coupons which

offer monetary rebates on purchases of wines and spirits through

State Liquor Stores or purchases of malt or brewed beverages

through distributors and importing distributors in accordance

with conditions or regulations established by the board. The

board may redeem coupons offered by a manufacturer or an agent

of a manufacturer at the time of purchase. Coupons offered by a

manufacturer or an agent of a manufacturer shall not be redeemed

without proof of purchase. This section shall not apply to the

return of any monies specifically deposited for the return of

the original container to the owners thereof.

(ii) Notwithstanding subclause (i) or any other provision of

law, a holder of a restaurant license that is also approved to

hold a slot machine license or a conditional slot machine

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license under 4 Pa.C.S. Part II (relating to gaming) may give

liquor and malt or brewed beverages free of charge to any person

actively engaged in playing a slot machine.

(iii) Notwithstanding subclause (i) or any other provision

of law or regulation, a holder of a license under provisions of

this clause may offer discounts of food or malt or brewed

beverages and disproportionate serving amounts that act as a

discount to patrons who are part of a bona fide club or group

program offered by the licensee to promote its business or

products in a commercially reasonable manner.

(iv) No discounts of food or malt or brewed beverages and

disproportionate serving amounts offered pursuant to subclause

(iii) shall be given between the hours of midnight and the legal

closing time on any given day.

* * *

Section 3. This act shall take effect in 60 days.

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