HOUSE AMENDED
PRIOR PRINTER'S NOS. 1289, 1474, 1530 PRINTER'S NO. 1554
No. 969 Session of 2005
INTRODUCED BY RAFFERTY, LOGAN, COSTA, LEMMOND, FONTANA, ORIE,
REGOLA, BOSCOLA, WONDERLING AND ARMSTRONG, OCTOBER 27, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 14, 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 DEFINING "ELIGIBLE ENTITY; AND further providing for <--
18 responsible alcohol management remediation for licensees AND <--
19 FOR RIGHTS OF MUNICIPALITIES PRESERVED.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 471(d) of the act of April 12, 1951 <--
23 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
24 June 29, 1987 (P.L.32, No.14) and added December 20, 2000
25 (P.L.992, No.141), is amended and the section is amended by
1 adding a subsection to read:
2 SECTION 1. THE DEFINITION OF "ELIGIBLE ENTITY" IN SECTION <--
3 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
4 LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32, NO.14)
5 AND AMENDED JANUARY 6, 2006 (P.L.1, NO.1), IS AMENDED TO READ:
6 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
7 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
8 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
9 * * *
10 "ELIGIBLE ENTITY" SHALL MEAN A CITY OF THE THIRD CLASS, A
11 HOSPITAL, A CHURCH, A SYNAGOGUE, A VOLUNTEER FIRE COMPANY, A
12 VOLUNTEER AMBULANCE COMPANY, A VOLUNTEER RESCUE SQUAD, A UNIT OF
13 A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB LIQUOR
14 LICENSE, A CLUB IN A CITY OF THE THIRD CLASS WHICH HAS BEEN
15 ISSUED A CLUB LIQUOR LICENSE AND WHICH, AS OF DECEMBER 31, 2002,
16 HAS BEEN IN EXISTENCE FOR AT LEAST 100 YEARS, A LIBRARY, A
17 NATIONALLY ACCREDITED PENNSYLVANIA NONPROFIT ZOOLOGICAL
18 INSTITUTION LICENSED BY THE UNITED STATES DEPARTMENT OF
19 AGRICULTURE, A NONPROFIT AGRICULTURAL ASSOCIATION IN EXISTENCE
20 FOR AT LEAST TEN YEARS, A BONA FIDE SPORTSMEN'S CLUB IN
21 EXISTENCE FOR AT LEAST TEN YEARS, A NATIONALLY CHARTERED
22 VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION
23 OF SUCH ORGANIZATION, A FRATERNAL BENEFIT SOCIETY THAT IS
24 LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED
25 LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, A MUSEUM
26 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
27 OR TOWNSHIP OF THE FIRST CLASS, A NONPROFIT CORPORATION ENGAGED
28 IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS, BOROUGH OR
29 IN AN INCORPORATED TOWN, AN ARTS COUNCIL, A NONPROFIT
30 CORPORATION THAT OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY
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1 OF THE THIRD CLASS IN THE COUNTY OF THE FOURTH CLASS, A
2 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
3 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
4 501(C)(3)) WHOSE PURPOSE IS TO PROTECT THE ARCHITECTURAL
5 HERITAGE OF BOROUGHS AND WHICH HAS BEEN RECOGNIZED AS SUCH BY A
6 MUNICIPAL RESOLUTION, A NONPROFIT ORGANIZATION AS DEFINED UNDER
7 SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC
8 LAW 99-514, 26 U.S.C. § 501(C)(3)) CONDUCTING A REGATTA IN A
9 CITY OF THE SECOND CLASS WITH THE PERMIT TO BE USED ON STATE
10 PARK GROUNDS OR CONDUCTING A FAMILY-ORIENTED CELEBRATION AS PART
11 OF WELCOME AMERICA IN A CITY OF THE FIRST CLASS ON PROPERTY
12 LEASED FROM THAT CITY FOR MORE THAN FIFTY YEARS, A NONPROFIT
13 ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL
14 REVENUE CODE OF 1986 (26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS TO
15 RAISE FUNDS FOR THE RESEARCH AND TREATMENT OF CYSTIC FIBROSIS, A
16 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
17 INTERNAL REVENUE CODE OF 1986 (26 U.S.C. § 501(C)(3)) WHOSE
18 PURPOSE IS TO EDUCATE THE PUBLIC ON ISSUES DEALING WITH
19 WATERSHED CONSERVATION, A NONPROFIT ORGANIZATION AS DEFINED
20 UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986
21 (PUBLIC LAW 99-514, 26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS TO
22 PROVIDE EQUINE ASSISTED ACTIVITIES FOR CHILDREN AND ADULTS WITH
23 SPECIAL NEEDS, A NONPROFIT ECONOMIC DEVELOPMENT AGENCY IN A CITY
24 OF THE SECOND CLASS WITH THE PRIMARY FUNCTION TO SERVE AS AN
25 ECONOMIC GENERATOR FOR THE GREATER SOUTHWESTERN PENNSYLVANIA
26 REGION BY ATTRACTING AND SUPPORTING FILM, TELEVISION AND RELATED
27 MEDIA INDUSTRY PROJECTS AND COORDINATING GOVERNMENT AND BUSINESS
28 OFFICES IN SUPPORT OF A PRODUCTION, A COUNTY TOURIST PROMOTION
29 AGENCY AS DEFINED IN SECTION 3(1) OF THE ACT OF APRIL 28, 1961
30 (P.L.111, NO.50), KNOWN AS THE "TOURIST PROMOTION LAW," [OR] AND <--
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1 LOCATED IN A CITY OF THE THIRD CLASS IN A COUNTY OF THE FOURTH
2 CLASS, A JUNIOR LEAGUE IN A THIRD CLASS COUNTY THAT IS A
3 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
4 INTERNAL REVENUE CODE OF 1986 (26 U.S.C. § 501 (C)(3)) THAT IS
5 COMPRISED OF WOMEN WHOSE PURPOSE IS EXCLUSIVELY EDUCATIONAL AND
6 CHARITABLE IN PROMOTING THE VOLUNTEERISM OF WOMEN AND DEVELOPING
7 AND PARTICIPATING IN COMMUNITY PROJECTS AND THAT HAS BEEN IN
8 EXISTENCE FOR OVER SEVENTY YEARS[.] OR A NONPROFIT ORGANIZATION <--
9 AS DEFINED UNDER SECTION 501(C)(6) OF THE INTERNAL REVENUE CODE
10 OF 1986 WHICH IS LOCATED IN A CITY OF THE THIRD CLASS IN A
11 COUNTY OF THE THIRD CLASS AND WHOSE PURPOSE IS TO SUPPORT
12 BUSINESS AND INDUSTRY.
13 * * *
14 SECTION 2. SECTION 471(D) OF THE ACT, ADDED DECEMBER 20,
15 2000 (P.L.992, NO.141), IS AMENDED AND THE SECTION IS AMENDED BY
16 ADDING A SUBSECTION TO READ:
17 Section 471. Revocation and Suspension of Licenses; Fines.--
18 * * *
19 (d) If a licensee has been cited and found to have violated
20 section 493(1) as a first offense as it relates to sales to
21 minors or sales to a visibly intoxicated person, the
22 administrative law judge, in addition to the penalties set forth
23 in subsection (b), [may] shall require the licensee to comply
24 with the requirements set forth in section 471.1 pertaining to
25 responsible alcohol management. Such compliance may be required
26 for a period of up to one year. Failure to adhere with such an
27 order is sufficient cause for the issuance of a citation under
28 subsection (a).
29 (e) If a licensee has been cited and found to have violated
30 section 493(1) for a second or subsequent offense as it relates
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1 to sales to minors or sales to a visibly intoxicated person, the
2 administrative law judge, in addition to the penalties set forth
3 in subsection (b), may require the licensee to comply with the
4 requirements set forth in section 471.1 pertaining to
5 responsible alcohol management. Such compliance may be required
6 for a period of up to one year. Failure to adhere with such an
7 order is sufficient cause for the issuance of a citation under
8 subsection (a).
9 SECTION 3. SECTION 493.1 OF THE ACT IS AMENDED BY ADDING A <--
10 SUBSECTION TO READ:
11 SECTION 493.1. RIGHTS OF MUNICIPALITIES PRESERVED.--* * *
12 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
13 CONTRARY, A RESTAURANT LIQUOR LICENSE LOCATED ON PREMISES OWNED
14 BY A CITY OF THE FIRST CLASS, LISTED ON THE NATIONAL REGISTER OF
15 HISTORIC PLACES AND WHICH CONTAINS A STRUCTURE THAT IS AT LEAST
16 ONE HUNDRED (100) YEARS OLD SHALL NOT BE SUBJECT TO THE BOARD'S
17 REGULATIONS REGARDING AMPLIFIED MUSIC.
18 Section 2 4. This act shall take effect in 60 days. <--
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