PRINTER'S NO. 2665
No. 2023 Session of 2003
INTRODUCED BY PETRI, CAPPELLI, CORRIGAN, CRAHALLA, GINGRICH,
HARRIS, HORSEY, KELLER, KENNEY, McILHINNEY, O'NEILL,
REICHLEY, ROSS, J. TAYLOR, WILT, YOUNGBLOOD AND CLYMER,
SEPTEMBER 29, 2003
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 29, 2003
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 special occasion permits.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 408.4 of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14), and amended December 9, 2002
23 (P.L.1653, No.212), is amended to read:
24 Section 408.4. Special Occasion Permits.--
1 (h) The board may issue a special occasion permit to an
2 eligible entity. The board may also issue a special occasion
3 permit to one auxiliary of any eligible entity. Any eligible
4 entity that wishes to acquire a special occasion permit must
5 submit [a] an original written application to the board in such
6 form and containing such information as the board shall from
7 time to time prescribe. The application shall include a
8 resolution by the eligible entity setting forth its current
9 officers and approving the application. Upon approval of the
10 application by the board, the special occasion permit shall be
11 sent to the eligible entity only. The fee for special occasion
12 permits shall be as set forth under section 614-A(24) of the act
13 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
14 Code of 1929."
15 (i) Only one special occasion permit shall be issued to each
16 eligible entity per calendar year. Each permit may only be used
17 for six consecutive or nonconsecutive days; however, if the
18 eligible entity is a museum operated by a nonprofit corporation
19 in a city of the third class or township of the first class, a
20 nonprofit corporation engaged in the performing arts in a city
21 of the third class or in an incorporated town, or an arts
22 council, then the special occasion permit may be used for six
23 nonconsecutive or ten consecutive days.
24 (j) The eligible entity shall give the local police
25 department or the Pennsylvania State Police if there is no local
26 police department written notice at least forty-eight hours
27 prior to each use of the special occasion permit. Written notice
28 consists of notifying the police of the date, time and place of
29 the impending sale of alcoholic beverages. Prior to use of the
30 special occasion permit, the eligible entity shall submit to the
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1 board written proof of notification of the police.
2 (k) Special occasion permit holders may sell alcoholic
3 beverages during the same hours as restaurant liquor license
4 holders. In addition, special occasion permit holders may sell
5 any type of alcohol for consumption off the licensed premises.
6 (l) The issuance of a special occasion permit does not
7 preclude the eligible entity from acquiring and retaining any
8 other liquor license to which it may be entitled; however, the
9 board shall not issue a special occasion permit for premises
10 already licensed by the board unless the applicant owns the
11 premises and is a volunteer fire company, volunteer rescue
12 company or volunteer ambulance squad.
13 (m) The purpose of a special occasion permit is to provide
14 the eligible entity with a means of raising funds for itself.
15 The permit may be used in conjunction with activities and events
16 involving other entities; however, no one other than the holder
17 of the special occasion permit may acquire a pecuniary interest
18 in the permit.
19 (n) The board may refuse to issue a special occasion permit
20 if it finds that the applicant is not reputable or does not
21 otherwise meet the requirements of this act. The right to refuse
22 to issue a special occasion permit may be based in whole or in
23 part on the applicant's prior operational history with either a
24 special occasion permit or a license issued by the board.
25 (o) The holder of a special occasion permit is subject to
26 the provisions of section 493(1).
27 (p) Notwithstanding any provision of law to the contrary, if
28 the eligible entity is a regatta in a city of the second class
29 held on the grounds of a State park, the regatta may install a
30 security fence or similar enclosure around the boundary of the
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1 State park or a portion of the State park during the regatta and
2 may charge an admittance fee not to exceed five dollars ($5) per
3 day.
4 Section 2. This act shall take effect in 60 days.
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