PRINTER'S NO. 1154
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
846
Session of
2019
INTRODUCED BY TOMLINSON, SEPTEMBER 3, 2019
REFERRED TO LAW AND JUSTICE, SEPTEMBER 3, 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 definitions;
and, in licenses and regulations and liquor, alcohol and malt
and brewed beverages, further providing for performing arts
facility license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "performing arts facilities" in
section 102 of the act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, is amended to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
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meanings ascribed to them in this section:
* * *
"Performing arts facilities" shall mean [those] any of the
following:
(1) Those halls or theaters in which live musical, concert,
dance, ballet and legitimate play book-length productions are
performed. Performing arts facilities shall not mean those halls
or theaters in which burlesque shows or reviews are performed.
If the operator of the performing arts facility is a nonprofit
entity, the facility must have seating for at least one hundred
fifty (150) people; otherwise, the facility must have seating
for at least twenty-five hundred (2,500) people.
(2) Indoor movie theaters that have permanent seating in the
facility for at least one hundred (100) people, but no more than
three hundred twenty-five (325) people, and which primarily
screen independent films, classic films and second-run films on
no more than four movie screens. As used in this definition, the
term "independent films" includes feature films produced outside
the major film studio system or by independent entertainment
agencies.
* * *
Section 2. Section 413(f)(1) of the act is amended to read:
Section 413. Performing Arts Facility License.--* * *
(f) Licenses issued under this section are to be considered
restaurant liquor licenses. However, the following additional
restrictions and privileges apply:
(1) Sales of liquor and malt or brewed beverages may be made
two hours before, during and one hour after any performance at
the facility; however, sales may not be made from two o'clock
antemeridian to seven o'clock antemeridian. In addition, sales
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may not occur prior to one o'clock postmeridian or after ten
o'clock postmeridian on Sundays. However, facilities that had
been licensed under former section 408.3(a) and 408.3(a.2) may
sell liquor and malt or brewed beverages anytime except from two
o'clock antemeridian to seven o'clock antemeridian or prior to
one o'clock postmeridian or after ten o'clock postmeridian on
Sundays, regardless of whether there is a performance at the
facility. Sales of liquor and malt or brewed beverages at a
movie theater as defined under paragraph (2) of the definition
of "performing arts facilities" in section 102 may be made one
hour before, during and one hour after the screening of a film
at the movie theater.
* * *
Section 3. This act shall take effect in 60 days.
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