PRINTER'S NO. 2704
No. 2054 Session of 2001
INTRODUCED BY CASORIO, COSTA, CORRIGAN, CAPPELLI, CREIGHTON,
FAIRCHILD, GRUCELA, HARHAI, MANDERINO, PALLONE, SCRIMENTI,
SHANER, SOLOBAY, STABACK, STEELMAN, TIGUE, TRICH, WASHINGTON
AND WOJNAROSKI, OCTOBER 22, 2001
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 22, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the definition
3 of "bottle clubs."
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 7328(c) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 7328. Operation of certain establishments prohibited without
9 local option.
10 * * *
11 (c) Definition.--As used in this section, the term "bottle
12 club" means an establishment operated for profit or pecuniary
13 gain, which admits patrons upon the payment of a fee, has a
14 capacity for the assemblage of 20 or more persons, and in which
15 alcoholic liquors, alcohol or malt or brewed beverages are not
16 legally sold but where alcoholic liquors, alcohol or malt or
17 brewed beverages are [either provided by the operator or agents
1 or employees of the operator for consumption on the premises or
2 are] brought into [or kept at] the establishment by the patrons
3 or persons assembling there for use and consumption. The term
4 shall not include a licensee under the act of April 12, 1951
5 (P.L.90, No.21), known as the Liquor Code, or any organization
6 as set forth in section 6 of the act of December 19, 1990
7 (P.L.1200, No.202), known as the Solicitation of Funds for
8 Charitable Purposes Act.
9 Section 2. The definition of "bottle club" in section
10 7329(c) of Title 18 is amended to read:
11 § 7329. Prohibition of certain types of entertainment on bottle
12 club premises.
13 * * *
14 (c) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Bottle club." An establishment operated for profit or
18 pecuniary gain, which has a capacity for the assemblage of 20 or
19 more persons and in which alcoholic liquors, alcohol or malt or
20 brewed beverages [are not legally sold but where alcoholic
21 liquors, alcohol or malt or brewed beverages are either provided
22 by the operator or agents or employees of the operator for
23 consumption on the premises or] are brought into [or kept at]
24 the establishment by the patrons or persons assembling there for
25 use and consumption. The term shall not include a licensee under
26 the act of April 12, 1951 (P.L.90, No.21), known as the Liquor
27 Code, or any organization as set forth in section 6 of the act
28 of December 19, 1990 (P.L.1200, No.202), known as the
29 Solicitation of Funds for Charitable Purposes Act.
30 * * *
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1 Section 3. This act shall take effect immediately.
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