| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 37, 1395, 1574 | PRINTER'S NO. 2092 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. O'BRIEN, JANUARY 26, 2009 |
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| SENATOR RAFFERTY, LAW AND JUSTICE, IN SENATE, AS AMENDED, JUNE 10, 2009 |
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| AN ACT |
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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, for special occasion | <-- |
18 | permits and for limited number of retail licenses to be |
19 | issued in each county. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. The definitions of "eligible entity" and "public |
23 | venue" in section 102 of the act of April 12, 1951 (P.L.90, |
24 | No.21), known as the Liquor Code, reenacted and amended June 29, |
25 | 1987 (P.L.32, No.14) and amended November 29, 2006 (P.L.1421, |
26 | No. 155) and July 16, 2007 (P.L.107, No.34), are amended to |
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1 | 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 organization as defined |
16 | under section 501(c)(3) of the Internal Revenue Code of 1986 |
17 | (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to |
18 | provide equine assisted activities for children and adults with |
19 | special needs, a nonprofit economic development agency in a city |
20 | of the second class with the primary function to serve as an |
21 | economic generator for the greater southwestern Pennsylvania |
22 | region by attracting and supporting film, television and related |
23 | media industry projects and coordinating government and business |
24 | offices in support of a production, a county tourist promotion |
25 | agency as defined in section 3(1) of the act of April 28, 1961 |
26 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
27 | located in a city of the third class in a county of the fourth |
28 | class or located in a township of the second class in a county |
29 | of the fifth class, a junior league in a third class county that |
30 | is a nonprofit organization as defined under section 501(c)(3) |
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1 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
2 | that is comprised of women whose purpose is exclusively |
3 | educational and charitable in promoting the volunteerism of |
4 | women and developing and participating in community projects and |
5 | that has been in existence for over seventy years [or], a |
6 | nonprofit organization as defined under section 501(C)(6) of the |
7 | Internal Revenue Code of 1986 which is located in a city of the |
8 | third class in a county of the third class and whose purpose is |
9 | to support business and industry or a club recognized by Rotary |
10 | International which is located in a county of the fourth class | <-- |
11 | and whose purpose is to provide service to others, to promote |
12 | high ethical standards and to advance world understanding, |
13 | goodwill and peace through its fellowship of business, |
14 | professional and community leaders or a nonprofit organization | <-- |
15 | as defined under section 501(c)(3) of the Internal Revenue Code |
16 | of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is |
17 | located in a borough in a county of the third class and whose |
18 | purpose is to promote mushrooms while supporting local and |
19 | regional charities. |
20 | * * * |
21 | "Public venue" shall mean a stadium, arena, convention |
22 | center, museum, amphitheater or similar structure. If the public |
23 | venue is a cruise terminal owned or leased by a port authority |
24 | created under the act of June 12, 1931 (P.L.575, No.200), |
25 | entitled "An act providing for joint action by Pennsylvania and |
26 | New Jersey in the development of the ports on the lower Delaware |
27 | River, and the improvement of the facilities for transportation |
28 | across the river; authorizing the Governor, for these purposes, |
29 | to enter into an agreement with New Jersey; creating The |
30 | Delaware River Joint Commission and specifying the powers and |
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1 | duties thereof, including the power to finance projects by the |
2 | issuance of revenue bonds; transferring to the new commission |
3 | all the powers of the Delaware River Bridge Joint Commission; |
4 | and making an appropriation," it shall have no permanent seating |
5 | requirement. If the public venue is an open-air amphitheater |
6 | owned by a port authority created under the act of December 6, |
7 | 1972 (P.L.1392, No.298), known as the "Third Class City Port |
8 | Authority Act," it shall have no permanent seating requirement. |
9 | If the public venue is owned by a political subdivision, a |
10 | municipal authority, the Commonwealth, an authority created |
11 | under the act of July 29, 1953 (P.L.1034, No.270), known as the |
12 | "Public Auditorium Authorities Law," an authority created under |
13 | Article XXV-A of the act of July 28, 1953 (P.L.723, No.230), |
14 | known as the "Second Class County Code," an art museum |
15 | established under the authority of the act of April 6, 1791 (3 |
16 | Sm.L.20, No.1536), entitled "An act to confer on certain |
17 | associations of the citizens of this commonwealth the powers and |
18 | immunities of corporations, or bodies politic in law," or an |
19 | authority created under Article XXIII (n) or (o) of the act of |
20 | August 9, 1955 (P.L.323, No.130), known as "The County Code," it |
21 | shall have permanent seating for at least one thousand (1,000) |
22 | people; otherwise, it shall have permanent seating for at least |
23 | two thousand (2,000) people. The term shall also mean any |
24 | regional history center, multipurpose cultural and science |
25 | facility, museum or convention or trade show center, regardless |
26 | of owner and seating capacity, that has a floor area of at least |
27 | sixty thousand (60,000) square feet in one building. The term |
28 | shall also mean a convention or conference center owned by a |
29 | city of the third class or a university which is a member of the |
30 | Pennsylvania State System of Higher Education which is operated |
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1 | by a university foundation or alumni association, regardless of |
2 | seating capacity, that has a floor area of at least fifteen |
3 | thousand (15,000) square feet in one building. The term shall |
4 | shall also mean a visitor center, regardless of floor area or | <-- |
5 | seating capacity, that was established under the authority of |
6 | the Gateway Visitor Center Authorization Act of 1999 (Public Law |
7 | 106-131, 113 Stat. 1678; 16 USCA 1678, 16 U.S.C. § 407m)). | <-- |
8 | * * * |
9 | Section 2. Section 408.4(h) and (j) of the act, amended | <-- |
10 | December 9, 2002 (P.L.1653, No.212), are amended to read: |
11 | Section 408.4. Special Occasion Permits.-- |
12 | (h) The board may issue a special occasion permit to an |
13 | eligible entity. The board may also issue a special occasion |
14 | permit to one auxiliary of any eligible entity. Any eligible |
15 | entity that wishes to acquire a special occasion permit must |
16 | submit [a] an original written application to the board in such |
17 | form and containing such information as the board shall from |
18 | time to time prescribe. The application shall include a |
19 | resolution by the eligible entity setting forth its current |
20 | officers and approving the application. Upon approval of the |
21 | application by the board, the special occasion permit shall be |
22 | sent to the eligible entity only. The fee for special occasion |
23 | permits shall be as set forth under section 614-A(24) of the act |
24 | of April 9, 1929 (P.L.177, No.175), known as "The Administrative |
25 | Code of 1929." |
26 | * * * |
27 | (j) The eligible entity shall give the local police |
28 | department or the Pennsylvania State Police if there is no local |
29 | police department written notice at least forty-eight hours |
30 | prior to each use of the special occasion permit. Written notice |
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1 | consists of notifying the police of the date, time and place of |
2 | the impending sale of alcoholic beverages. Prior to use of the |
3 | special occasion permit, the eligible entity shall submit to the |
4 | board written proof of notification of the police. |
5 | * * * |
6 | Section 3 2. Section 461(c)(9) of the act, amended July 16, | <-- |
7 | 2007 (P.L.107, No.34), is amended to read: |
8 | Section 461. Limiting Number of Retail Licenses To Be Issued |
9 | In Each County.--* * * |
10 | (c) The word "hotel" as used in this section shall mean any |
11 | reputable place operated by a responsible person of good |
12 | reputation where the public may, for a consideration, obtain |
13 | sleeping accommodations, and which shall have the following |
14 | number of bedrooms and requirements in each case--at least one- |
15 | half of the required number of bedrooms shall be regularly |
16 | available to transient guests seven days weekly, except in |
17 | resort areas; at least one-third of such bedrooms shall be |
18 | equipped with hot and cold water, a lavatory, commode, bathtub |
19 | or shower and a clothes closet; and an additional one-third of |
20 | the total of such required rooms shall be equipped with lavatory |
21 | and commode: |
22 | * * * |
23 | (9) Upon application to and subject to inspection by the |
24 | board, hotel licensees under clause (8) of this subsection shall |
25 | no longer be required to maintain bedrooms for public |
26 | accommodation. [However, areas required and designated as |
27 | bedrooms for public accommodation prior to the effective date of |
28 | this clause may not subsequently be used as licensed serving |
29 | area.] Such area may be used as licensed storage area or serving |
30 | area consistent with this act and existing regulations. |
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1 | * * * |
2 | Section 4 3. This act shall take effect in 60 days. | <-- |
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