THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. O'BRIEN, JANUARY 26, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 21, 2009   

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for definitions, for special occasion

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permits and for limited number of retail licenses to be

issued in each county.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "eligible entity" and "public

venue" in section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, reenacted and amended June 29,

1987 (P.L.32, No.14) and amended November 29, 2006 (P.L.1421,

No. 155) and July 16, 2007 (P.L.107, No.34), are 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:

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"Eligible entity" shall mean a city of the third class, a

hospital, a church, a synagogue, a volunteer fire company, a

volunteer ambulance company, a volunteer rescue squad, a unit of

a nationally chartered club which has been issued a club liquor

license, a club in a city of the third class which has been

issued a club liquor license and which, as of December 31, 2002,

has been in existence for at least 100 years, a library, a

nationally accredited Pennsylvania nonprofit zoological

institution licensed by the United States Department of

Agriculture, a nonprofit agricultural association in existence

for at least ten years, a bona fide sportsmen's club in

existence for at least ten years, a nationally chartered

veterans' organization and any affiliated lodge or subdivision

of such organization, a fraternal benefit society that is

licensed to do business in this Commonwealth and any affiliated

lodge or subdivision of such fraternal benefit society, a museum

operated by a nonprofit corporation in a city of the third class

or township of the first class, a nonprofit corporation engaged

in the performing arts in a city of the third class, borough or

in an incorporated town, an arts council, a nonprofit

corporation that operates an arts facility or museum in a city

of the third class in the county of the fourth class, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) whose purpose is to protect the architectural

heritage of boroughs and which has been recognized as such by a

municipal resolution, a nonprofit organization as defined under

section 501(c)(3) of the Internal Revenue Code of 1986 (Public

Law 99-514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a

city of the second class with the permit to be used on State

park grounds or conducting a family-oriented celebration as part

of Welcome America in a city of the first class on property

leased from that city for more than fifty years, a nonprofit

organization as defined under section 501(c)(3) of the Internal

Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to

raise funds for the research and treatment of cystic fibrosis, a

nonprofit organization as defined under section 501(c)(3) of the

Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose

purpose is to educate the public on issues dealing with

watershed conservation, a nonprofit organization as defined

under section 501(c)(3) of the Internal Revenue Code of 1986

(Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to

provide equine assisted activities for children and adults with

special needs, a nonprofit economic development agency in a city

of the second class with the primary function to serve as an

economic generator for the greater southwestern Pennsylvania

region by attracting and supporting film, television and related

media industry projects and coordinating government and business

offices in support of a production, a county tourist promotion

agency as defined in section 3(1) of the act of April 28, 1961

(P.L.111, No.50), known as the "Tourist Promotion Law," and

located in a city of the third class in a county of the fourth

class or located in a township of the second class in a county

of the fifth class, a junior league in a third class county that

is a nonprofit organization as defined under section 501(c)(3)

of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3))

that is comprised of women whose purpose is exclusively

educational and charitable in promoting the volunteerism of

women and developing and participating in community projects and

that has been in existence for over seventy years [or], a

nonprofit organization as defined under section 501(C)(6) of the

Internal Revenue Code of 1986 which is located in a city of the

third class in a county of the third class and whose purpose is

to support business and industry or a club recognized by Rotary

International whose purpose is to provide service to others, to

promote high ethical standards and to advance world

understanding, goodwill and peace through its fellowship of

business, professional and community leaders.

* * *

"Public venue" shall mean a stadium, arena, convention

center, museum, amphitheater 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 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

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 USCA § 407m).

* * *

Section 2.  Section 408.4(h) and (j) of the act, amended

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December 9, 2002 (P.L.1653, No.212), are amended to read:

Section 408.4.  Special Occasion Permits.--

(h)  The board may issue a special occasion permit to an

eligible entity. The board may also issue a special occasion

permit to one auxiliary of any eligible entity. Any eligible

entity that wishes to acquire a special occasion permit must

submit [a] an original written application to the board in such

form and containing such information as the board shall from

time to time prescribe. The application shall include a

resolution by the eligible entity setting forth its current

officers and approving the application. Upon approval of the

application by the board, the special occasion permit shall be

sent to the eligible entity only. The fee for special occasion

permits shall be as set forth under section 614-A(24) of the act

of April 9, 1929 (P.L.177, No.175), known as "The Administrative

Code of 1929."

* * *

(j)  The eligible entity shall give the local police

department or the Pennsylvania State Police if there is no local

police department written notice at least forty-eight hours

prior to each use of the special occasion permit. Written notice

consists of notifying the police of the date, time and place of

the impending sale of alcoholic beverages. Prior to use of the

special occasion permit, the eligible entity shall submit to the

board written proof of notification of the police.

* * *

Section 2 3.  Section 461(c)(9) of the act, amended July 16,

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2007 (P.L.107, No.34), is amended to read:

Section 461.  Limiting Number of Retail Licenses To Be Issued

In Each County.--* * *

(c)  The word "hotel" as used in this section shall mean any

reputable place operated by a responsible person of good

reputation where the public may, for a consideration, obtain

sleeping accommodations, and which shall have the following

number of bedrooms and requirements in each case--at least one-

half of the required number of bedrooms shall be regularly

available to transient guests seven days weekly, except in

resort areas; at least one-third of such bedrooms shall be

equipped with hot and cold water, a lavatory, commode, bathtub

or shower and a clothes closet; and an additional one-third of

the total of such required rooms shall be equipped with lavatory

and commode:

* * *

(9)  Upon application to and subject to inspection by the

board, hotel licensees under clause (8) of this subsection shall

no longer be required to maintain bedrooms for public

accommodation. [However, areas required and designated as

bedrooms for public accommodation prior to the effective date of

this clause may not subsequently be used as licensed serving

area.] Such area may be used as licensed storage area or serving

area consistent with this act and existing regulations.

* * *

Section  3 4.  This act shall take effect in 60 days.

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