PRIOR PRINTER'S NO. 1091 PRINTER'S NO. 2526
No. 985 Session of 1997
INTRODUCED BY NICKOL, MAITLAND, WAUGH, ROONEY, DeLUCA, L. I. COHEN, CLARK, LUCYK, BUNT, STABACK, MELIO, TIGUE, MASLAND, McCALL, HENNESSEY, YOUNGBLOOD, LAUGHLIN, BOSCOLA, PESCI, E. Z. TAYLOR, BELFANTI, OLASZ, TRELLO, HALUSKA, SAINATO, McGEEHAN, PLATTS, SEYFERT, PETRARCA, CORNELL, STEELMAN, SAYLOR AND BENNINGHOFF, MARCH 19, 1997
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 28, 1997
AN ACT 1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as 2 reenacted, "An act relating to alcoholic liquors, alcohol and 3 malt and brewed beverages; amending, revising, consolidating 4 and changing the laws relating thereto; regulating and 5 restricting the manufacture, purchase, sale, possession, 6 consumption, importation, transportation, furnishing, holding 7 in bond, holding in storage, traffic in and use of alcoholic 8 liquors, alcohol and malt and brewed beverages and the 9 persons engaged or employed therein; defining the powers and 10 duties of the Pennsylvania Liquor Control Board; providing 11 for the establishment and operation of State liquor stores, 12 for the payment of certain license fees to the respective 13 municipalities and townships, for the abatement of certain 14 nuisances and, in certain cases, for search and seizure 15 without warrant; prescribing penalties and forfeitures; 16 providing for local option, and repealing existing laws," 17 further providing for the time period of special occasion 18 permits AND FOR LOCAL OPTION. <-- 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 408.4(a) of the act of April 12, 1951 22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended 23 June 29, 1987 (P.L.32, No.14) and amended December 20, 1996
1 (P.L.1523, No.199), is amended to read: 2 Section 408.4. Special Occasion Permits.--(a) Upon 3 application of any hospital, church, synagogue, volunteer fire 4 company, volunteer ambulance company, volunteer rescue squad, 5 nonprofit agricultural association in existence for at least ten 6 years, bona fide sportsmen's club in existence for at least ten 7 years, nationally chartered veterans' organization and any 8 affiliated lodge or subdivision of such organization, fraternal 9 benefit society that is licensed to do business in this 10 Commonwealth and any affiliated lodge or subdivision of such 11 fraternal benefit society, or [the] ONE auxiliary of any of the <-- 12 foregoing, and upon payment of the prescribed fee for special 13 occasion permits under section 614-A of the act of April 9, 1929 14 (P.L.177, No.175), known as "The Administrative Code of 1929," 15 the board shall issue a special occasion permit good for a 16 period of not more than [five] six consecutive or nonconsecutive 17 days[: Provided, however, That the [five] six nonconsecutive <-- 18 days shall be used in a [three-month] twelve-month period <-- 19 measured from the date of the first day.] DURING A CALENDAR <-- 20 YEAR. Special occasion permits may also be issued to a museum 21 operated by a nonprofit corporation in a city of the third class 22 or township of the first class or a nonprofit corporation 23 engaged in the performing arts in a city of the third class or 24 in an incorporated town for a period of not more than six 25 nonconsecutive or ten consecutive days at the prescribed fee for 26 special occasion permits under section 614-A of "The 27 Administrative Code of 1929." 28 * * * 29 SECTION 2. SECTION 472(A) OF THE ACT, AMENDED MAY 31, 1996 <-- 30 (P.L.312, NO.49), IS AMENDED TO READ: 19970H0985B2526 - 2 -
1 SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY 2 PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT 3 EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN 4 ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), ON THE DATE OF 5 THE PRIMARY ELECTION IMMEDIATELY PRECEDING ANY MUNICIPAL 6 ELECTION, BUT NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE 7 THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR 8 LICENSES TO HOTELS, RESTAURANTS AND CLUBS, NOT OFTENER THAN ONCE 9 IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH 10 RESPECT TO THE GRANTING OF LIQUOR LICENSES TO PRIVATELY-OWNED 11 PRIVATE GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, 12 NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF 13 THE ELECTORS WITH RESPECT TO THE GRANTING OF LICENSES TO RETAIL 14 DISPENSERS OF MALT AND BREWED BEVERAGES, NOT OFTENER THAN ONCE 15 IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH 16 RESPECT TO GRANTING OF LICENSES TO WHOLESALE DISTRIBUTORS AND 17 IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN TWO YEARS, TO 18 DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING 19 OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES TO 20 INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, NOT 21 OFTENER THAN ONCE IN TWO YEARS TO DETERMINE THE WILL OF THE 22 ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL OCCASION 23 PERMITS TO QUALIFIED ORGANIZATIONS, OR NOT MORE THAN ONCE IN 24 FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT 25 TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE BOARD OF 26 PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH 27 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, UNDER THE 28 PROVISIONS OF THIS ACT: PROVIDED, HOWEVER, WHERE AN ELECTION 29 SHALL HAVE BEEN HELD AT THE PRIMARY PRECEDING A MUNICIPAL 30 ELECTION IN ANY YEAR, ANOTHER ELECTION MAY BE HELD UNDER THE 19970H0985B2526 - 3 -
1 PROVISIONS OF THIS ACT AT THE PRIMARY OCCURRING THE FOURTH YEAR 2 AFTER SUCH PRIOR ELECTION: AND PROVIDED FURTHER, THAT AN 3 ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE 4 LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR 5 THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST 6 THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE 7 QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING 8 DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE 9 MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE 10 AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S 11 LICENSES. WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER 12 CENTUM OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE 13 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY AT THE LAST 14 PRECEDING GENERAL ELECTION SHALL FILE A PETITION WITH THE COUNTY 15 BOARD OF ELECTIONS OF THE COUNTY FOR A REFERENDUM ON THE 16 QUESTION OF GRANTING ANY OF SAID CLASSES OF LICENSES OR THE 17 ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE SAID COUNTY 18 BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE 19 BALLOTS OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT THE 20 PRIMARY IMMEDIATELY PRECEDING THE MUNICIPAL ELECTION. SEPARATE 21 PETITIONS MUST BE FILED FOR EACH QUESTION TO BE VOTED ON. SAID 22 PROCEEDINGS SHALL BE IN THE MANNER AND SUBJECT TO THE PROVISIONS 23 OF THE ELECTION LAWS WHICH RELATE TO THE SIGNING, FILING AND 24 ADJUDICATION OF NOMINATION PETITIONS, INSOFAR AS SUCH PROVISIONS 25 ARE APPLICABLE. 26 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 27 LICENSES, IT SHALL BE IN THE FOLLOWING FORM: 28 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES 29 FOR THE SALE OF LIQUOR IN........................ YES 30 OF..............................................? NO 19970H0985B2526 - 4 -
1 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 2 LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE 3 IN THE FOLLOWING FORM: 4 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR 5 PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE 6 OF LIQUOR IN.................BY.................. YES 7 OF..............................................? NO 8 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 9 LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE 10 IN THE FOLLOWING FORM: 11 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR 12 PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE 13 OF LIQUOR IN.................BY.................. YES 14 OF..............................................? NO 15 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES 16 TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE 17 IN THE FOLLOWING FORM: 18 DO YOU FAVOR THE GRANTING OF MALT AND BREWED 19 BEVERAGE RETAIL DISPENSER LICENSES FOR 20 CONSUMPTION ON PREMISES WHERE SOLD IN THE........ YES 21 OF..............................................? NO 22 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES 23 TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND 24 IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM: 25 DO YOU FAVOR THE GRANTING OF MALT AND BREWED 26 BEVERAGE WHOLESALE DISTRIBUTOR'S AND IMPORTING 27 DISTRIBUTOR'S LICENSES NOT FOR CONSUMPTION ON 28 PREMISES WHERE SOLD IN THE....................... YES 29 OF..............................................? NO 30 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB 19970H0985B2526 - 5 -
1 LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS' 2 ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM: 3 DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES 4 TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS 5 IN THE........................................... YES 6 OF..............................................? NO 7 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB 8 RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL 9 VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM: 10 DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER 11 LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS' 12 ORGANIZATIONS IN THE............................. YES 13 OF..............................................? NO 14 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL 15 OCCASION PERMITS TO QUALIFIED ORGANIZATIONS, IT SHALL BE IN THE 16 FOLLOWING FORM: 17 DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS 18 TO QUALIFIED ORGANIZATIONS IN THE.................... YES 19 OF...............................................? NO 20 WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT, 21 OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL 22 BE IN THE FOLLOWING FORM: 23 DO YOU FAVOR THE ESTABLISHMENT, OPERATION 24 AND MAINTENANCE OF PENNSYLVANIA LIQUOR 25 STORES IN THE.................................... YES 26 OF..............................................? NO 27 IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A 28 MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES," 29 THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS, 30 RESTAURANTS AND CLUBS, OR LIQUOR LICENSES SHALL BE GRANTED BY 19970H0985B2526 - 6 -
1 THE BOARD TO PRIVATELY-OWNED PRIVATE GOLF COURSES OR TO 2 PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT AND BREWED BEVERAGE 3 RETAIL DISPENSER LICENSES OR WHOLESALE DISTRIBUTOR'S AND 4 IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE OF MALT OR BREWED 5 BEVERAGES SHALL BE GRANTED BY THE BOARD, OR CLUB LIQUOR LICENSES 6 OR CLUB RETAIL DISPENSER LICENSES SHALL BE GRANTED BY THE BOARD 7 TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS, OR 8 SPECIAL OCCASION PERMITS MAY BE ISSUED TO QUALIFIED 9 ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND MAINTAIN 10 PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH 11 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY 12 THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH 13 QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT 14 OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO 15 VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY; 16 OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE 17 ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR 18 STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA 19 LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT 20 MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING 21 PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT 22 MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE 23 EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY 24 SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A 25 LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON 26 SUCH QUESTION. 27 * * * 28 Section 2 3. This act shall take effect immediately. <-- B25L47RZ/19970H0985B2526 - 7 -