Regular Session 2017-2018 House Bill 1543 P.N. 1999

PRINTER'S NO. 1999

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1543

Session of

2017

INTRODUCED BY SCHWEYER, SCHLOSSBERG AND FREEMAN, JUNE 13, 2017

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 13, 2017

AN ACT

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

and "public venue."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "alcoholic cider" and "public

venue" in section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, amended November 15, 2016

(P.L.1286, No.166), are 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:

* * *

"Alcoholic cider" shall mean a beverage which may contain

carbonation in an amount not to exceed six and four tenths grams

per liter, produced through alcoholic fermentation [of any fruit

or fruit juice], which is primarily derived from apples, apple

juice concentrate and water, pears or pear juice concentrate and

water, consisting of at least one-half of one per centum, but

not greater than eight and one-half per centum, alcohol by

volume and sold or offered for sale as alcoholic cider and not

as a wine, a wine product or as a substitute for wine, in

bottles, cases, kegs, cans or other suitable containers of the

type used for the sale of malt or brewed beverages in this

Commonwealth.

* * *

"Public venue" shall mean a stadium, arena, convention

center, museum, zoo, amphitheater or similar structure. If the

public venue is a cruise terminal owned or leased by a port

authority created under the act of June 12, 1931 (P.L.575,

No.200), entitled "An act providing for joint action by

Pennsylvania and New Jersey in the development of the ports on

the lower Delaware River, and the improvement of the facilities

for transportation across the river; authorizing the Governor,

for these purposes, to enter into an agreement with New Jersey;

creating The Delaware River Joint Commission and specifying the

powers and duties thereof, including the power to finance

projects by the issuance of revenue bonds; transferring to the

new commission all the powers of the Delaware River Bridge Joint

Commission; and making an appropriation," it shall have no

permanent seating requirement. If the public venue is an open-

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air amphitheater owned by a port authority created under the act

of December 6, 1972 (P.L.1392, No.298), known as the "Third

Class City Port Authority Act," it shall have no permanent

seating requirement. If the public venue is owned by a political

subdivision, a municipal authority, the Commonwealth, an

authority created under the act of July 29, 1953 (P.L.1034,

No.270), known as the "Public Auditorium Authorities Law," an

authority created under Article XXV-A of the act of July 28,

1953 (P.L.723, No.230), known as the "Second Class County Code,"

an art museum established under the authority of the act of

April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer

on certain associations of the citizens of this commonwealth the

powers and immunities of corporations, or bodies politic in

law," [or] an authority created under Article XXIII (n) or (o)

of the act of August 9, 1955 (P.L.323, No.130), known as "The

County Code," or it is located in a neighborhood improvement

zone created under Article XIX-B of the act of March 4, 1971

(P.L.6, No.2), known as the "Tax Reform Code of 1971," located

in a city of the third class, it shall have permanent seating

for at least one thousand (1,000) people; otherwise, it shall

have permanent seating for at least two thousand (2,000) people.

The term shall also mean any regional history center,

multipurpose cultural and science facility, museum or convention

or trade show center, regardless of owner and seating capacity,

that has a floor area of at least sixty thousand (60,000) square

feet in one building. The term shall also mean a convention or

conference center owned by a city of the third class or a

university which is a member of the Pennsylvania State System of

Higher Education which is operated by a university foundation or

alumni association, regardless of seating capacity, that has a

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floor area of at least fifteen thousand (15,000) square feet in

one building. The term shall also mean a visitor center,

regardless of floor area or seating capacity, that was

established under the authority of the Gateway Visitor Center

Authorization Act of 1999 (Public Law 106-131, 113 Stat. 1678,

16 U.S.C. § 407m).

* * *

Section 2. This act shall take effect in 60 days.

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