PRIOR PRINTER'S NOS. 33, 1006
PRINTER'S NO. 1294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
61
Session of
2019
INTRODUCED BY J. WARD, PHILLIPS-HILL, FOLMER AND K. WARD,
JANUARY 14, 2019
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 22, 2019
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 PROVIDING FOR THE DEFINITION
OF "ELIGIBLE ENTITY"; AND, in licenses and regulations and
liquor, alcohol and malt and brewed beverages, further
providing for wine and spirits auction permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 408.12(a), (g) and (i) of the act of
April 12, 1951 (P.L.90, No.21), known as the Liquor Code, are
amended to read:
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
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LIQUOR CODE, 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. ยง
501(C)(3)) WHOSE PURPOSE IS TO PROTECT THE ARCHITECTURAL
HERITAGE OF A MUNICIPALITY AND WHICH HAS BEEN RECOGNIZED AS SUCH
BY A RESOLUTION OF THE MUNICIPALITY, 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. ยง 501(C)(3)) CONDUCTING A
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REGATTA IN A CITY OF THE SECOND CLASS 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. ยง 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. ยง 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. ยง 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 2 OF THE ACT OF JULY 4, 2008 (P.L.621, NO.50), KNOWN AS
THE "TOURISM PROMOTION ACT," 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. ยง 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
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1986 AND WHOSE PURPOSE 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. ยง
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, A NONPROFIT
ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE OF 1986 WHOSE MAIN PURPOSE IS TO STIMULATE
COMMUNITY DEVELOPMENT BY FACILITATING RESIDENTIAL AND RETAIL
GROWTH IN A CITY OF THE SECOND CLASS LOCATED IN A COUNTY OF THE
SECOND CLASS OR A NONPROFIT COMMUNITY DEVELOPMENT CORPORATION
ORGANIZED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE
OF 1986 THAT SERVES AN ADJOINING BOROUGH AND TOWNSHIP IN A
COUNTY OF THE SECOND CLASS AND WHOSE MAIN PURPOSE IS TO
FACILITATE COMMERCIAL DEVELOPMENT AND FOSTER NEIGHBORHOOD
STABILIZATION, A NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 WHOSE PURPOSE IS
TO PROVIDE YOUNG PEOPLE WITH A PROGRAM TO BUILD CHARACTER, TO
TEACH THE RESPONSIBILITIES OF CITIZENSHIP AND TO DEVELOP
PERSONAL FITNESS WITH A GOAL OF CREATING FUTURE LEADERS, A
NONPROFIT AS DEFINED IN SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE OF 1986 WHOSE MAIN PURPOSE IS TO ASSIST CHILDREN
AND THEIR FAMILIES WHO ARE FACING FINANCIAL HARDSHIP DUE TO THE
DEATH OF A PARENT, A NONPROFIT AS DEFINED UNDER SECTION 501(C)
(3) OF THE INTERNAL REVENUE CODE OF 1986 WHOSE PURPOSE IS TO
ALLOCATE FUNDS FOR RESEARCH TO EXPEDITE A CURE ACHROMATOPSIA, A
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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, WAS ORGANIZED IN 1995 AS A COMMUNITY DEVELOPMENT
CORPORATION TO PROMOTE 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, OR A NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 THAT IS
RESPONSIBLE FOR PROVIDING SERVICES TO MEMBERS OF THE ARMED
FORCES OF THE UNITED STATES AND RELIEF TO DISASTER VICTIMS IN
THE UNITED STATES AND ABROAD, OR ANY NEIGHBORHOOD IMPROVEMENT
DISTRICT MANAGEMENT ASSOCIATION AS DEFINED IN SECTION 3 OF THE
ACT OF DECEMBER 20, 2000 (P.L.949, NO.130), KNOWN AS THE
"NEIGHBORHOOD IMPROVEMENT DISTRICT ACT," THAT HAS BEEN
ESTABLISHED AS A 501(C)(3) NONPROFIT ORGANIZATION UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, A NONPROFIT
ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE OF 1986 LOCATED IN A CITY OF THE FIRST CLASS WHOSE
PURPOSE IS TO SUPPORT INITIATIVES TO ENRICH THE LIVES OF
CHILDREN, TEENS AND FAMILIES ESPECIALLY THOSE IN NEED, TO REACH
THEIR FULL POTENTIAL AS PRODUCTIVE AND RESPONSIBLE CITIZENS AND
HAS BEEN IN EXISTENCE FOR AT LEAST SEVENTY-FIVE YEARS, OR A
NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE OF 1986 LOCATED IN A CITY OF THE SECOND
CLASS AND INCORPORATED AS A NONPROFIT IN 1982 THAT OFFERS ADULT
EDUCATION AND FAMILY LITERACY, OR A NONPROFIT ORGANIZATION AS
DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF
1986 LOCATED IN A CITY OF THE THIRD CLASS AND COUNTY OF THE
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SIXTH CLASS, WHOSE PURPOSE IS PRIMARY AND SECONDARY EDUCATION
AND EDUCATIONAL MINISTRY OF THE DIOCESE OF ERIE, [OR] A
NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE LOCATED IN A COUNTY OF THE FOURTH CLASS
THAT HAD A POPULATION BETWEEN 142,000 AND 144,000 BASED ON THE
2010 DECENNIAL CENSUS OF THE BUREAU OF THE CENSUS AND PROVIDES
REWARDS FOR INFORMATION THAT LEADS TO THE ARREST OF INDIVIDUALS
THAT MAY HAVE COMMITTED A CRIME[.] OR 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 THIRD CLASS IN A
COUNTY OF THE FIFTH CLASS WHOSE MISSION IS TO IMPROVE THE
QUALITY OF LIFE FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
AND THE FAMILIES OF THE INDIVIDUALS THROUGH ADVOCACY, EDUCATION,
SUPPORT AND SOCIALIZATION AND THAT HAS BEEN IN EXISTENCE FOR
OVER SIXTY YEARS.
* * *
SECTION 2. SECTION 408.12(A) OF THE ACT IS AMENDED TO READ:
Section 408.12. Wine and Spirits Auction Permits.--(a) Upon
application of:
(1) any nonprofit hospital;
(2) any nonprofit public television station which is a
member of the Pennsylvania Public Television Network;
(3) any orchestra located in a county of the first, second
or third class which is operated by a nonprofit corporation;
(4) any museum located in a county of the first, second,
third or fourth class which is operated by a nonprofit
corporation;
(5) any nonprofit corporation located in any county of the
third class which trains and places dogs for people who are
physically handicapped;
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(6) any nationally recognized community-based voluntary
health organization committed to fighting cancer which has been
in existence for at least ninety years;
(7) any nationally recognized emergency response
organization that offers humanitarian care to victims of war or
natural disaster and has been in existence for at least one
hundred twenty-five years;
(8) any nationally recognized organization whose purpose is
to serve as an agent to collect funds for local charities, as
well as to coordinate relief services, counsel and refer clients
to cooperating agencies and make emergency assistance grants and
has been in existence for at least one hundred twenty years;
(9) any hospice as defined under section 802.1 of the act of
July 19, 1979 (P.L.130, No.48), known as the "Health Care
Facilities Act";
(10) institution of higher education;
(11) any nationally recognized community-based health
organization committed to funding Type 1 Diabetes research; [or]
(12) any nationally recognized community-based voluntary
health organization committed to fighting cancer which has been
in existence for at least twenty years;
(13) any nonprofit organization as defined in section 501(c)
(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. ยง 501(c)(3)) and that is registered with the Pennsylvania
Bureau of Corporations and Charitable Organizations of the
Department of State, recognized as a community-based voluntary
organization committed to fighting cancer and has been in
existence for at least five years; or
(14) any community-based voluntary health organization in a
county of the second class which enriches the lives of children
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and young adults with disabilities and chronic illnesses;
and upon payment of a fee of thirty dollars ($30) per day, the
board shall issue a wine and spirits auction permit good for a
period of not more than four consecutive or nonconsecutive days
per calendar year.
* * *
(g) Any wine and spirits sold under this section shall be
purchased from a Pennsylvania Liquor Store, a Pennsylvania
limited winery, limited distillery or any seller authorized to
sell wine or spirits by the bottle or case in this Commonwealth
or shall be donated by a person [who is neither a licensee nor a
permittee] who has legally acquired the wine or spirits and
legally possesses it in this Commonwealth. If the donated wine
or spirits are located outside this Commonwealth, the donated
wine or spirits may be imported into this Commonwealth as gift
alcohol, subject to the procedures and fees the board imposes on
donated wine or spirits.
* * *
(i) [The] If the wine or spirits are purchased from an
entity other than the board, the permittee shall be responsible
for paying to the board an amount equal to all taxes which would
have been paid on such wine or spirits if it had been purchased
from a Pennsylvania Liquor Store, together with a processing fee
to be determined by the board.
* * *
Section 2 3. This act shall take effect in 60 days.
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