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                                                      PRINTER'S NO. 3508

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2439 Session of 2006


        INTRODUCED BY WOJNAROSKI, SANTONI, TIGUE, CALTAGIRONE, GOODMAN,
           DeWEESE, DENLINGER, LaGROTTA, BIANCUCCI, SONNEY, HALUSKA,
           MANN, MILLARD, BEBKO-JONES, THOMAS, CRAHALLA, KOTIK, RUBLEY,
           GERGELY, JAMES, YOUNGBLOOD, FABRIZIO, GRUCELA, REICHLEY,
           READSHAW, YUDICHAK, LEH, PETRARCA, MYERS, BELFANTI, SIPTROTH
           AND HARPER, FEBRUARY 7, 2006

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 7, 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."

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  The definition of "eligibility entity" in section
    21  102 of the act of April 12, 1951 (P.L.90, No.21), known as the
    22  Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14)
    23  and amended January 6, 2006 (P.L.1, No.1), is amended to read:


     1     Section 102.  Definitions.--The following words or phrases,
     2  unless the context clearly indicates otherwise, shall have the
     3  meanings ascribed to them in this section:
     4     * * *
     5     "Eligible entity" shall mean a city of the third class, a
     6  hospital, a church, a synagogue, a volunteer fire company, a
     7  volunteer ambulance company, a volunteer rescue squad, a unit of
     8  a nationally chartered club which has been issued a club liquor
     9  license, a club in a city of the third class which has been
    10  issued a club liquor license and which, as of December 31, 2002,
    11  has been in existence for at least 100 years, a library, a
    12  nationally accredited Pennsylvania nonprofit zoological
    13  institution licensed by the United States Department of
    14  Agriculture, a nonprofit agricultural association in existence
    15  for at least ten years, a bona fide sportsmen's club in
    16  existence for at least ten years, a nationally chartered
    17  veterans' organization and any affiliated lodge or subdivision
    18  of such organization, a fraternal benefit society that is
    19  licensed to do business in this Commonwealth and any affiliated
    20  lodge or subdivision of such fraternal benefit society, a museum
    21  operated by a nonprofit corporation in a city of the third class
    22  or township of the first class, a nonprofit corporation engaged
    23  in the performing arts in a city of the third class, borough or
    24  in an incorporated town, an arts council, a nonprofit
    25  corporation that operates an arts facility or museum in a city
    26  of the third class in the county of the fourth class, a
    27  nonprofit organization as defined under section 501(c)(3) of the
    28  Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
    29  501(c)(3)) whose purpose is to protect the architectural
    30  heritage of boroughs and which has been recognized as such by a
    20060H2439B3508                  - 2 -     

     1  municipal resolution, a nonprofit organization as defined under
     2  section 501(c)(3) of the Internal Revenue Code of 1986 (Public
     3  Law 99-514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a
     4  city of the second class with the permit to be used on State
     5  park grounds or conducting a family-oriented celebration as part
     6  of Welcome America in a city of the first class on property
     7  leased from that city for more than fifty years, a nonprofit
     8  organization as defined under section 501(c)(3) of the Internal
     9  Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to
    10  raise funds for the research and treatment of cystic fibrosis, a
    11  nonprofit organization as defined under section 501(c)(3) of the
    12  Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose
    13  purpose is to educate the public on issues dealing with
    14  watershed conservation, a nonprofit economic development agency
    15  in a city of the second class with the primary function to serve
    16  as an economic generator for the greater southwestern
    17  Pennsylvania region by attracting and supporting film,
    18  television and related media industry projects and coordinating
    19  government and business offices in support of a production, a
    20  county tourist promotion agency as defined in section 3(1) of
    21  the act of April 28, 1961 (P.L.111, No.50), known as the Tourist
    22  Promotion Law, or a junior league in a third class county that
    23  is a nonprofit organization as defined under section 501(c)(3)
    24  of the Internal Revenue Code of 1986 (26 U.S.C. § 501 (c)(3))
    25  that is comprised of women whose purpose is exclusively
    26  educational and charitable in promoting the volunteerism of
    27  women and developing and participating in community projects and
    28  that has been in existence for over seventy years.
    29     * * *
    30     Section 2.  This act shall take effect in 60 days.
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