H1096B1144A01087 NAD:MAC 06/16/23 #90 A01087
AMENDMENTS TO HOUSE BILL NO. 1096
Sponsor: REPRESENTATIVE LEADBETER
Printer's No. 1144
Amend Bill, page 1, line 16, by inserting after "laws,""
in preliminary provisions, further providing for definitions;
and,
Amend Bill, page 1, line 18, by inserting after "for"
public venue license and for
Amend Bill, page 1, lines 22 and 23, by striking out all of
said lines and inserting
Section 1. The definition of "public venue" in section 102
of the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, is amended to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Public venue" shall mean a stadium, arena, convention
center, museum, zoo, amphitheater or [similar structure.]
amusement park as defined in section 2 of the act of June 18,
1984 (P.L.384, No.81), known as the "Amusement Ride Inspection
Act," situated on at least forty (40) acres of land regardless
of seating capacity, or similar structure. If the public venue
is a cruise terminal owned or leased by a port authority created
under the act of June 12, 1931 (P.L.575, No.200), entitled "An
act providing for joint action by Pennsylvania and New Jersey in
the development of the ports on the lower Delaware River, and
the improvement of the facilities for transportation across the
river; authorizing the Governor, for these purposes, to enter
into an agreement with New Jersey; creating The Delaware River
Joint Commission and specifying the powers and duties thereof,
including the power to finance projects by the issuance of
revenue bonds; transferring to the new commission all the powers
of the Delaware River Bridge Joint Commission; and making an
appropriation," it shall have no permanent seating requirement.
If the public venue is an open-air amphitheater owned by a port
authority created under the act of December 6, 1972 (P.L.1392,
No.298), known as the "Third Class City Port Authority Act," it
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shall have no permanent seating requirement. If the public venue
is owned by a political subdivision, a municipal authority, the
Commonwealth, an authority created under the act of July 29,
1953 (P.L.1034, No.270), known as the "Public Auditorium
Authorities Law," an authority created under Article XXV-A of
the act of July 28, 1953 (P.L.723, No.230), known as the "Second
Class County Code," an art museum established under the
authority of the act of April 6, 1791 (3 Sm.L.20, No.1536),
entitled "An act to confer on certain associations of the
citizens of this commonwealth the powers and immunities of
corporations, or bodies politic in law," or an authority created
under Article XXIII (n) or (o) of the act of August 9, 1955
(P.L.323, No.130), known as "The County Code," it shall have
permanent seating for at least one thousand (1,000) people;
otherwise, it shall have permanent seating for at least two
thousand (2,000) people. The term shall also mean any regional
history center, multipurpose cultural and science facility,
museum or convention or trade show center, regardless of owner
and seating capacity, that has a floor area of at least sixty
thousand (60,000) square feet in one building. The term shall
also mean a convention or conference center owned by a city of
the third class or a university which is a member of the
Pennsylvania State System of Higher Education which is operated
by a university foundation or alumni association, regardless of
seating capacity, that has a floor area of at least fifteen
thousand (15,000) square feet in one building. The term shall
also mean a visitor center, regardless of floor area or seating
capacity, that was established under the authority of the
Gateway Visitor Center Authorization Act of 1999 (Public Law
106-131, 113 Stat. 1678, 16 U.S.C. ยง 407m).
* * *
Section 2. Section 412(f)(1) of the act is amended and the
section is amended by adding subsections to read:
Section 412. Public Venue License.--* * *
(f) Licenses issued under this section are to be considered
restaurant liquor licenses. However, the following additional
restrictions and privileges apply:
(1) Sales may only be made one hour before, during and one
hour after any athletic performance, performing arts event,
trade show, convention, banquet or any other performance at the
facility; however, sales may not be made from two o'clock
antemeridian to seven o'clock antemeridian. In addition, sales
may not occur prior to eleven o'clock antemeridian on Sundays or
seven o'clock antemeridian on Mondays. Notwithstanding this
[section, facilities that had been licensed under former
sections] section:
(i) Facilities that had been licensed under former sections
408.9 and 408.14 may sell liquor and/or malt or brewed beverages
anytime except from two o'clock antemeridian to seven o'clock
antemeridian or prior to eleven o'clock antemeridian on Sundays
or seven o'clock antemeridian on Mondays, regardless of whether
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there is a performance at the facility.
(ii) Amusement parks may sell liquor and malt or brewed
beverages from eleven o'clock antemeridian to eleven o'clock
postmeridian.
* * *
(h) An amusement park that holds a restaurant license before
January 1, 2022, and seeks to obtain a public venue license
shall exchange one existing restaurant license to the board in
return for a public venue license at no cost. A restaurant
license exchanged under this subsection shall be subject to a
license auction under section 470.3.
(i) An amusement park that holds a public venue license
shall utilize a transaction scan device to verify the age of an
individual who appears to be under thirty-five years of age
before making a sale of liquor and malt or brewed beverages,
however, an acceptable form of identification under section
495(a) that cannot be scanned may be accepted by the licensee.
An amusement park may not sell or share data from the use of a
transaction scan device, provided that the licensee may use the
data to show the enforcement bureau of the board that the
licensee is in compliance with this act. As used in this
subsection, the term "transaction scan device" means a device
capable of deciphering, in an electronically readable format,
the information encoded on the magnetic strip or bar code of an
identification card under section 495(a).
(j) As used in this section, the term "amusement park" shall
have the same meaning as defined in section 2 of the act of June
18, 1984 (P.L.384, No.81), known as the "Amusement Ride
Inspection Act."
Section 3. Section 461(c)(9.2) of the act is amended to
read:
Amend Bill, page 3, line 6, by striking out "2" and inserting
4
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