SENATE AMENDED
PRIOR PRINTER'S NOS. 3399, 3456, 3574, PRINTER'S NO. 4400
4041
No. 2383 Session of 2006
INTRODUCED BY DONATUCCI, BELARDI, RAYMOND, BLACKWELL,
CALTAGIRONE, CORRIGAN, CRAHALLA, CREIGHTON, DeWEESE,
FABRIZIO, FRANKEL, GEIST, GOODMAN, W. KELLER, KOTIK, O'NEILL,
SHANER, SIPTROTH, SOLOBAY, SONNEY, STABACK, TIGUE,
YOUNGBLOOD, JOSEPHS, BEYER AND COSTA, JANUARY 24, 2006
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 2006
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 definitions; and requiring the Bureau <--
18 of Alcohol Education to make certain reports to the General
19 Assembly; AND FURTHER PROVIDING FOR SPECIAL OCCASION PERMITS. <--
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "eligible entity" in section <--
23 102 of the act of April 12, 1951 (P.L.90, No.21), known as the
24 Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
1 and amended January 6, 2006 (P.L.1, No.1), is amended to read:
2 Section 102. Definitions.--The following words or phrases,
3 unless the context clearly indicates otherwise, shall have the
4 meanings ascribed to them in this section:
5 * * *
6 "Eligible entity" shall mean a city of the third class, a
7 hospital, a church, a synagogue, a volunteer fire company, a
8 volunteer ambulance company, a volunteer rescue squad, a unit of
9 a nationally chartered club which has been issued a club liquor
10 license, a club in a city of the third class which has been
11 issued a club liquor license and which, as of December 31, 2002,
12 has been in existence for at least 100 years, a library, a
13 nationally accredited Pennsylvania nonprofit zoological
14 institution licensed by the United States Department of
15 Agriculture, a nonprofit agricultural association in existence
16 for at least ten years, a bona fide sportsmen's club in
17 existence for at least ten years, a nationally chartered
18 veterans' organization and any affiliated lodge or subdivision
19 of such organization, a fraternal benefit society that is
20 licensed to do business in this Commonwealth and any affiliated
21 lodge or subdivision of such fraternal benefit society, a museum
22 operated by a nonprofit corporation in a city of the third class
23 or township of the first class, a nonprofit corporation engaged
24 in the performing arts in a city of the third class, borough or
25 in an incorporated town, an arts council, a nonprofit
26 corporation that operates an arts facility or museum in a city
27 of the third class in the county of the fourth class, a
28 nonprofit organization as defined under section 501(c)(3) of the
29 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
30 501(c)(3)) whose purpose is to protect the architectural
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1 heritage of boroughs and which has been recognized as such by a
2 municipal resolution, a nonprofit organization as defined under
3 section 501(c)(3) of the Internal Revenue Code of 1986 (Public
4 Law 99-514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a
5 city of the second class with the permit to be used on State
6 park grounds or conducting a family-oriented celebration as part
7 of Welcome America in a city of the first class on property
8 leased from that city for more than fifty years, a nonprofit
9 organization as defined under section 501(c)(3) of the Internal
10 Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to
11 raise funds for the research and treatment of cystic fibrosis, a
12 nonprofit organization as defined under section 501(c)(3) of the
13 Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose
14 purpose is to educate the public on issues dealing with
15 watershed conservation, a nonprofit economic development agency
16 in a city of the second class with the primary function to serve
17 as an economic generator for the greater southwestern
18 Pennsylvania region by attracting and supporting film,
19 television and related media industry projects and coordinating
20 government and business offices in support of a production, a
21 county tourist promotion agency as defined in section 3(1) of
22 the act of April 28, 1961 (P.L.111, No.50), known as the Tourist
23 Promotion Law, or a junior league in a third class county that
24 is a nonprofit organization as defined under section 501(c)(3)
25 of the Internal Revenue Code of 1986 (26 U.S.C. § 501 (c)(3))
26 that is comprised of women whose purpose is exclusively
27 educational and charitable in promoting the volunteerism of
28 women and developing and participating in community projects and
29 that has been in existence for over seventy years.
30 * * *
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1 Section 2. The act is amended by adding a section to read:
2 SECTION 1. THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN <--
3 AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32,
4 NO.14), IS AMENDED BY ADDING A SECTION TO READ:
5 Section 217. Biennial Reports.--(a) The board's Bureau of
6 Alcohol Education shall prepare a report on UNDERAGE alcohol <--
7 drinking and high risk college alcohol drinking in this
8 Commonwealth.
9 (b) A report shall be prepared biennially and shall address
10 the following:
11 (1) Current levels and trends of underage alcohol drinking
12 and high risk college alcohol drinking in this Commonwealth.
13 (2) Current programs conducted by State agencies to prevent
14 underage alcohol drinking and high risk college alcohol
15 drinking.
16 (3) Current science that better defines and suggests proven
17 prevention strategies for underage alcohol drinking and high
18 risk college alcohol drinking.
19 (4) Current legislation utilized by other states to address <--
20 and prevent underage alcohol drinking and high-risk college
21 alcohol drinking.
22 (c) The first report to the General Assembly shall be
23 presented prior to July 1, 2006 JANUARY FEBRUARY 1, 2007. <--
24 Additional reports shall be presented every two years
25 thereafter. A copy of the report shall be sent to the chairman
26 and the minority chairman of the Law and Justice Committee of
27 the Senate and the chairman and the minority chairman of the
28 Liquor Control Committee of the House of Representatives.
29 SECTION 2. SECTION 408.4 OF THE ACT IS AMENDED BY ADDING A <--
30 SUBSECTION TO READ:
20060H2383B4400 - 4 -
1 SECTION 408.4. SPECIAL OCCASION PERMITS.--
2 * * *
3 (Q) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
4 THE BOARD MAY ISSUE A SPECIAL OCCASION PERMIT TO AN ELIGIBLE
5 ENTITY LOCATED IN A DRY MUNICIPALITY IF THE BOARD IS PROVIDED
6 WITH A COPY OF A RESOLUTION ADOPTED BY THE MUNICIPALITY'S
7 GOVERNING BODY CONFIRMING SUPPORT FOR THE ISSUANCE OF THE
8 SPECIAL OCCASION PERMIT. THIS SUBSECTION SHALL EXPIRE ON JANUARY
9 1, 2007.
10 Section 3 2 3. This act shall take effect as follows: <--
11 (1) The amendment of the definition of "eligible entity"
12 in section 102 of the act shall take effect in 60 days.
13 (2) The remainder of this act shall take effect
14 immediately.
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