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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 3713, 4608               PRINTER'S NO. 4664

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2574 Session of 2002


        INTRODUCED BY DONATUCCI, REINARD, LEDERER, MANDERINO, SATHER,
           THOMAS, CLYMER, MELIO, KELLER, JAMES, PISTELLA, CASORIO,
           SCRIMENTI, CORRIGAN, CREIGHTON, WASHINGTON, YOUNGBLOOD,
           SHANER, J. WILLIAMS, CRUZ, HORSEY, JOSEPHS AND ROEBUCK,
           APRIL 17, 2002

        SENATOR CONTI, LAW AND JUSTICE, IN SENATE, AS AMENDED,
           NOVEMBER 20, 2002

                                     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 providing for when sales may be made at Pennsylvania   <--
    18     Liquor Stores; authorizing tasting of alcoholic beverages in
    19     Pennsylvania Liquor Stores and on premises of distributors
    20     and importing distributors; further providing for hotel,
    21     restaurant and club liquor licenses and for malt and brewed
    22     beverages retail licenses; providing for the entering into
    23     agreement by the board and license applicants regarding the
    24     pending application; authorizing issuance of certain multiple
    25     public venue licenses; further providing for revocation and
    26     suspension of licenses and for fines; providing for the
    27     surrender of a license for benefit of the licensee; and
    28     further providing for unlawful acts relative to liquor, malt
    29     and brewed beverages and licensees. AMENDING AND ADDING        <--


     1     DEFINITIONS; DELETING CERTAIN BONDING REQUIREMENTS; FURTHER
     2     PROVIDING FOR APPLICATION OF CERTAIN LAW TO THE PENNSYLVANIA
     3     LIQUOR CONTROL BOARD AND BUREAU OF LIQUOR CONTROL ENFORCEMENT
     4     OF THE PENNSYLVANIA STATE POLICE, FOR WINE MARKETING, FOR
     5     RETAIL SALES, FOR LICENSE APPLICATIONS, FOR LICENSEE SALES
     6     AND RESTRICTIONS, FOR SECONDARY SERVICE AREA, FOR SPECIAL
     7     OCCASION PERMITS, FOR SACRAMENTAL WINE LICENSES, FOR LIQUOR
     8     IMPORTERS' LICENSES, FOR PUBLIC VENUE LICENSE, FOR MALT AND
     9     BREWED BEVERAGES MANUFACTURERS', DISTRIBUTORS' AND IMPORTING
    10     DISTRIBUTORS' LICENSES, FOR MALT AND BREWED BEVERAGES RETAIL
    11     LICENSES, FOR APPLICATION FOR DISTRIBUTORS' AND IMPORTING
    12     DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES, FOR
    13     DISTRIBUTORS' AND IMPORTING DISTRIBUTORS' RESTRICTIONS, FOR
    14     RETAIL DISPENSERS' RESTRICTIONS, FOR HEARINGS AND APPEALS,
    15     FOR LICENSE RENEWAL, FOR LICENSE REVOCATION AND SUSPENSION,
    16     FOR LOCAL OPTION AND FOR EXCHANGE OF CERTAIN LICENSES;
    17     PROVIDING FOR SURRENDER OF CERTAIN LICENSES; FURTHER
    18     PROVIDING FOR UNLAWFUL ACTS, FOR RIGHTS OF MUNICIPALITIES,
    19     FOR UNLAWFUL ADVERTISING AND FOR LIMITED WINERIES; DELETING
    20     PROVISIONS RELATING TO DISTILLERIES; AND FURTHER PROVIDING
    21     FOR BUSINESS HOURS.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  Sections 304 and 305(d) of the act of April 12,    <--
    25  1951 (P.L.90, No.21), known as the Liquor Code, reenacted and
    26  amended June 29, 1987 (P.L.32, No.14), are amended to read:
    27     SECTION 1.  THE DEFINITION OF "EATING PLACE" IN SECTION 102    <--
    28  OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE
    29  LIQUOR CODE, REENACTED AND AMENDED JUNE 29, 1987 (P.L.32,
    30  NO.14), AND AMENDED FEBRUARY 21, 2002 (P.L.103, NO.10), ARE
    31  AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO
    32  READ:
    33     SECTION 102.  DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
    34  UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
    35  MEANINGS ASCRIBED TO THEM IN THIS SECTION:
    36     * * *
    37     "ARTS COUNCIL" SHALL MEAN A TAX-EXEMPT ORGANIZATION WHICH
    38  PROMOTES THE VISUAL ARTS, PERFORMING ARTS, OR BOTH, AND WHICH
    39  RECEIVES FUNDING UNDER THE LOCAL ARTS SERVICES PROGRAM
    40  ADMINISTERED BY THE PENNSYLVANIA COUNCIL OF THE ARTS.
    20020H2574B4664                  - 2 -

     1     * * *
     2     "EATING PLACE" SHALL MEAN A PREMISE WHERE FOOD IS REGULARLY
     3  AND CUSTOMARILY PREPARED AND SOLD, HAVING A TOTAL AREA OF NOT
     4  LESS THAN THREE HUNDRED SQUARE FEET AVAILABLE TO THE PUBLIC IN
     5  ONE OR MORE ROOMS, OTHER THAN LIVING QUARTERS, AND EQUIPPED WITH
     6  TABLES AND CHAIRS, INCLUDING BAR SEATS, ACCOMMODATING THIRTY
     7  PERSONS AT ONE TIME. THE BOARD SHALL, BY REGULATION, SET FORTH
     8  WHAT CONSTITUTES TABLES AND CHAIRS SUFFICIENT TO ACCOMMODATE
     9  THIRTY PERSONS AT ONE TIME.
    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 LIBRARY, A NATIONALLY ACCREDITED PENNSYLVANIA
    15  NONPROFIT ZOOLOGICAL INSTITUTION LICENSED BY THE UNITED STATES
    16  DEPARTMENT OF AGRICULTURE, A NONPROFIT AGRICULTURAL ASSOCIATION
    17  IN EXISTENCE FOR AT LEAST TEN YEARS, A BONA FIDE SPORTSMEN'S
    18  CLUB IN EXISTENCE FOR AT LEAST TEN YEARS, A NATIONALLY CHARTERED
    19  VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION
    20  OF SUCH ORGANIZATION, A FRATERNAL BENEFIT SOCIETY THAT IS
    21  LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED
    22  LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, A MUSEUM
    23  OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
    24  OR TOWNSHIP OF THE FIRST CLASS, A NONPROFIT CORPORATION ENGAGED
    25  IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS OR IN AN
    26  INCORPORATED TOWN, AN ARTS COUNCIL, A NONPROFIT CORPORATION THAT
    27  OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS
    28  IN THE COUNTY OF THE FOURTH CLASS, A NONPROFIT ORGANIZATION AS
    29  DEFINED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF
    30  1986 (PUBLIC LAW 99-514, 26 U.S.C. § 501(C)(3)) WHOSE PURPOSE IS
    20020H2574B4664                  - 3 -

     1  TO PROTECT THE ARCHITECTURAL HERITAGE OF BOROUGHS AND WHICH HAS
     2  BEEN RECOGNIZED AS SUCH BY A MUNICIPAL RESOLUTION, OR A
     3  NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
     4  INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
     5  501(C)(3)) CONDUCTING A REGATTA IN A CITY OF THE SECOND CLASS
     6  WITH THE PERMIT TO BE USED ON STATE PARK GROUNDS OR CONDUCTING A
     7  FAMILY-ORIENTED CELEBRATION AS PART OF WELCOME AMERICA IN A CITY
     8  OF THE FIRST CLASS ON PROPERTY LEASED FROM THAT CITY FOR MORE
     9  THAN FIFTY YEARS.
    10     * * *
    11     "TRACT" SHALL MEAN A CONTIGUOUS EXPANSE OF LAND UNDER THE
    12  CONTROL OF ONE PERSON.
    13     * * *
    14     SECTION 2.  SECTIONS 205 AND 206.1(A) AND (B) OF THE ACT ARE
    15  AMENDED TO READ:
    16     [SECTION 205.  BONDS REQUIRED OF MEMBERS AND SECRETARY.--
    17  BEFORE ENTERING UPON THE DUTIES OF THEIR RESPECTIVE OFFICES OR
    18  POSITIONS, EACH MEMBER OF THE BOARD AND THE SECRETARY SHALL
    19  EXECUTE AND FILE WITH THE STATE TREASURER A BOND IN SUCH PENAL
    20  SUM AS SHALL BE FIXED BY THE EXECUTIVE BOARD OF THIS
    21  COMMONWEALTH UPON RECOMMENDATION OF THE GOVERNOR, BUT THE AMOUNT
    22  OF ANY SUCH BOND SHALL NOT BE LESS THAN TEN THOUSAND DOLLARS
    23  ($10,000). BONDS IN SUCH PENAL SUMS AS SHALL BE FIXED BY THE
    24  EXECUTIVE BOARD LIKEWISE SHALL BE EXECUTED AND FILED WITH THE
    25  STATE TREASURER BY SUCH EMPLOYES OF THE BOARD AS THE HEAD OF
    26  SUCH BOARD SHALL, WITH THE APPROVAL OF THE EXECUTIVE BOARD,
    27  PRESCRIBE. SUCH BONDS SHALL BE PAYABLE TO THE COMMONWEALTH OF
    28  PENNSYLVANIA AND SHALL BE CONDITIONED FOR THE FAITHFUL
    29  PERFORMANCE OF THE MEMBERS', SECRETARY'S OR EMPLOYES' DUTIES
    30  IMPOSED BY LAW OR BY LAWFUL AUTHORITY AND THAT THE PERSON BONDED
    20020H2574B4664                  - 4 -

     1  WILL NOT KNOWINGLY VIOLATE THE PROVISIONS OF THIS ACT. ALL BONDS
     2  REQUIRED TO BE GIVEN UNDER THIS SECTION SHALL, BEFORE BEING
     3  ACCEPTED BY THE STATE TREASURER, BE APPROVED BY THE ATTORNEY
     4  GENERAL, AND UNLESS THE COMMONWEALTH SHALL ESTABLISH ITS OWN
     5  INDEMNITY FUND, ALL SUCH BONDS SHALL BE GIVEN WITH SECURITY
     6  APPROVED BY THE ATTORNEY GENERAL. IF THE COMMONWEALTH SHALL
     7  ESTABLISH ITS OWN INDEMNITY FUND, THE EXECUTIVE BOARD MAY,
     8  NEVERTHELESS, REQUIRE ANY BOND GIVEN HEREUNDER TO BE EXECUTED BY
     9  A SURETY OR SURETIES SATISFACTORY TO THE ATTORNEY GENERAL. THE
    10  COST OF SUCH BONDS REQUIRED TO BE EXECUTED BY A SURETY OR
    11  SURETIES SHALL BE BORNE BY THE BOARD AS PART OF ITS OPERATING
    12  EXPENSE.]
    13     SECTION 206.1.  BOARD AND ENFORCEMENT BUREAU SUBJECT TO STATE
    14  ETHICS AND ADVERSE INTEREST ACTS.--(A)  EXCEPT TO THE EXTENT
    15  THAT THE PENALTIES PROVIDED IN SECTION 210 OF THIS ACT FOR
    16  VIOLATIONS ARE MORE STRINGENT, THE BOARD, ITS MEMBERS AND ALL OF
    17  ITS EMPLOYES AND EMPLOYES OF THE ENFORCEMENT BUREAU SHALL BE
    18  SUBJECT TO THE ACT OF OCTOBER 4, 1978 (P.L.883, NO.170),
    19  REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW, AND
    20  THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS THE "STATE
    21  ADVERSE INTEREST ACT."
    22     (B)  MEMBERSHIP ON THE BOARD AND EMPLOYMENT OR CONTINUED
    23  EMPLOYMENT AS AN EMPLOYE OF THE BOARD OR ENFORCEMENT BUREAU IS
    24  CONDITIONED UPON COMPLIANCE WITH ALL OF THE PROVISIONS OF THE
    25  ACTS SPECIFIED IN SUBSECTION (A), INCLUDING, BUT NOT LIMITED TO,
    26  THE FILING OF STATEMENTS OF FINANCIAL INTERESTS REQUIRED BY
    27  SECTION 5 OF THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW.
    28  ACCEPTANCE OR RETENTION OF EMPLOYMENT SHALL BE DEEMED AS
    29  VOLUNTARY CONSENT TO SUBMIT TO THE FINANCIAL REPORTING
    30  REQUIREMENTS OF THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW AS A
    20020H2574B4664                  - 5 -

     1  CONDITION OF EMPLOYMENT. FAILURE TO TIMELY COMPLY WITH THE
     2  REQUIREMENTS SHALL RESULT IN IMMEDIATE TERMINATION OF
     3  EMPLOYMENT. BOTH THE BOARD AND THE ENFORCEMENT BUREAU ARE
     4  SUBJECT TO THE PROVISIONS OF 65 PA.C.S. CH. 11 (RELATING TO
     5  ETHICS STANDARDS AND FINANCIAL DISCLOSURE).
     6     SECTION 3.  SECTIONS 215(C) AND (D), 304 AND 305(D) AND (H)
     7  OF THE ACT ARE AMENDED TO READ:
     8     SECTION 215.  WINE MARKETING.--* * *
     9     [(C)  THE BOARD SHALL ESTABLISH THAT AT LEAST FIVE PER CENTUM
    10  OF ALL STATE STORES WITHIN A METROPOLITAN AREA ARE WINE
    11  SPECIALTY STORES, AT WHICH PREMIUM WINE SHALL BE SOLD. THESE
    12  STORES SHALL NOT SELL ANY DISTILLED PRODUCT. THE BOARD MAY
    13  ESTABLISH THE WINE SPECIALTY STORES IN LOCATIONS WHICH PROVIDE
    14  THE GREATEST CUSTOMER TRAFFIC AND THE GREATEST GROSS PROFIT TO
    15  THE BOARD. THESE LOCATIONS MAY INCLUDE ESTABLISHED RETAIL
    16  ESTABLISHMENTS. BOARD EMPLOYES SHALL STAFF THESE LOCATIONS. THE
    17  BOARD SHALL HAVE THE OPTION OF CLOSING STORES WHICH ARE
    18  UNPROFITABLE FOR TWO CONSECUTIVE FISCAL YEARS.]
    19     (D)  [(1)  THE TERM "METROPOLITAN AREA," AS USED IN THIS
    20  SECTION, SHALL MEAN ANY ONE COUNTY OR ANY COMBINATION OF TWO,
    21  THREE OR FOUR COUNTIES CONTIGUOUS AND ADJACENT WITH A TOTAL
    22  POPULATION OF FIFTY THOUSAND OR MORE.]
    23     (2)  THE TERM "WINE," AS USED IN THIS SECTION, SHALL MEAN
    24  LIQUOR WHICH IS FERMENTED FROM GRAPES AND OTHER FRUITS, HAVING
    25  ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM OR LESS. THE TERM
    26  "WINE" SHALL NOT INCLUDE MALT OR BREWED BEVERAGES, NOR SHALL
    27  WINE INCLUDE ANY PRODUCTS CONTAINING ALCOHOL DERIVED FROM MALT,
    28  GRAIN, CEREAL, MOLASSES OR CACTUS.
    29     Section 304.  When Sales May Be Made at Pennsylvania Liquor
    30  Stores.--[Every] (a)  Except as provided for in subsection (b),
    20020H2574B4664                  - 6 -

     1  every Pennsylvania Liquor Store shall be open for business week
     2  days, except legal holidays or any day on which a general,
     3  municipal, special or primary election is being held, during
     4  such hours as the board, in its discretion, shall determine:
     5  Provided, That the Pennsylvania Liquor Stores in the case of a
     6  special election for members of the General Assembly or members
     7  of the Congress of the United States, when such special election
     8  is held on other than a primary, municipal or general election
     9  day, shall be open in those Legislative or Congressional
    10  Districts as though the day were not a special election day. The
    11  board may, with the approval of the Governor, temporarily close
    12  any store in any municipality.
    13     (b)  Certain Pennsylvania Liquor Stores operated by the board
    14  shall be open for Sunday retail sales between the hours of noon
    15  and five o'clock postmeridian, except that no Sunday sales shall
    16  occur on Easter Sunday or Christmas day. For a two-year time
    17  period following the effective date of this subsection, the
    18  board shall open up to ten per centum of the total number of
    19  Pennsylvania Liquor Stores at its discretion for Sunday sales as
    20  provided for in this subsection. At the expiration of the two-
    21  year time period, the board shall conduct a review and determine
    22  whether the stores shall be closed or whether additional stores
    23  shall be opened for these Sunday sales. The board shall submit
    24  yearly reports to the Appropriations and the Law and Justice
    25  Committees of the Senate and the Appropriations and the Liquor
    26  Control Committees of the House of Representatives summarizing
    27  the total dollar value of sales under this section.
    28     Section 305.  Sales by Pennsylvania Liquor Stores.--* * *
    29     (d)  No liquor or alcohol package shall be opened on the
    30  premises of a Pennsylvania Liquor Store. No manager or other
    20020H2574B4664                  - 7 -

     1  employe of the board employed in a Pennsylvania Liquor Store
     2  shall allow any liquor or alcohol to be consumed on the store
     3  premises, nor shall any person consume any liquor or alcohol on
     4  such premises except liquor and alcohol which are part of a
     5  tasting conducted pursuant to the board's regulations.
     6     * * *
     7     (H)  EVERY PENNSYLVANIA LIQUOR STORE SHALL SELL GIFT           <--
     8  CERTIFICATES WHICH MAY BE REDEEMED FOR LIQUOR. IN ADDITION, THE
     9  BOARD MAY SELL CORKSCREWS AND WINE SLEEVES AT PENNSYLVANIA
    10  LIQUOR STORES.
    11     Section 2.  Sections 403(g) and 404 of the act, amended        <--
    12  December 20, 2000 (P.L.992, No.141), are amended to read:
    13     Section 403.  Applications for Hotel, Restaurant and Club
    14  Liquor Licenses.--* * *
    15     SECTION 4.  SECTIONS 403(A) AND (G) AND 404 OF THE ACT,        <--
    16  AMENDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO
    17  READ:
    18     SECTION 403.  APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
    19  LIQUOR LICENSES.--(A)  EVERY APPLICANT FOR A HOTEL LIQUOR
    20  LICENSE, RESTAURANT LIQUOR LICENSE OR CLUB LIQUOR LICENSE OR FOR
    21  THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
    22  LICENSED OR TO ANOTHER PERSON SHALL FILE A WRITTEN APPLICATION
    23  WITH THE BOARD IN SUCH FORM AND CONTAINING SUCH INFORMATION AS
    24  THE BOARD SHALL FROM TIME TO TIME PRESCRIBE, WHICH SHALL BE
    25  ACCOMPANIED BY A FILING FEE AND AN ANNUAL LICENSE FEE AS
    26  PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929
    27  (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
    28  EVERY SUCH APPLICATION SHALL CONTAIN A DESCRIPTION OF THAT PART
    29  OF THE HOTEL, RESTAURANT OR CLUB FOR WHICH THE APPLICANT DESIRES
    30  A LICENSE AND SHALL SET FORTH SUCH OTHER MATERIAL INFORMATION,
    20020H2574B4664                  - 8 -

     1  DESCRIPTION OR PLAN OF THAT PART OF THE HOTEL, RESTAURANT OR
     2  CLUB WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE
     3  REQUIRED BY THE REGULATIONS OF THE BOARD. THE DESCRIPTIONS,
     4  INFORMATION AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW
     5  THE HOTEL, RESTAURANT, CLUB, OR THE PROPOSED LOCATION FOR THE
     6  CONSTRUCTION OF A HOTEL, RESTAURANT OR CLUB, AT THE TIME THE
     7  APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO
     8  BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED
     9  AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE
    10  OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES
    11  NOT THEN LICENSED OR TO ANOTHER PERSON. NO PHYSICAL ALTERATIONS,
    12  IMPROVEMENTS OR CHANGES SHALL BE REQUIRED TO BE MADE TO ANY
    13  HOTEL, RESTAURANT OR CLUB, NOR SHALL ANY NEW BUILDING FOR ANY
    14  SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL APPROVAL OF
    15  THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF AN EXISTING
    16  LICENSE TO ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER
    17  PERSON BY THE BOARD. AFTER APPROVAL OF THE APPLICATION, THE
    18  LICENSEE SHALL MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND
    19  CHANGES TO THE LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW
    20  BUILDING IN THE MANNER SPECIFIED BY THE BOARD AT THE TIME OF
    21  APPROVAL, AND THE LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER
    22  THE LICENSE UNTIL THE BOARD HAS APPROVED THE COMPLETED PHYSICAL
    23  ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
    24  OR THE COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING
    25  TO THE SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF
    26  ISSUANCE OR TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE
    27  ESTABLISHMENT IS A RESTAURANT, HOTEL OR CLUB AS DEFINED BY THIS
    28  ACT. THE BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR
    29  CONSTRUCTION OR CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX
    30  MONTHS FROM THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE.
    20020H2574B4664                  - 9 -

     1  FAILURE TO COMPLY WITH THESE REQUIREMENTS SHALL BE CONSIDERED
     2  CAUSE FOR REVOCATION OF THE LICENSE. NO SUCH LICENSE SHALL BE
     3  TRANSFERABLE BETWEEN THE TIME OF ISSUANCE OR TRANSFER OF THE
     4  LICENSE AND THE APPROVAL OF THE COMPLETED ALTERATIONS OR
     5  CONSTRUCTION BY THE BOARD AND FULL COMPLIANCE BY THE LICENSEE
     6  WITH THE REQUIREMENTS OF THIS ACT, EXCEPT IN THE CASE OF DEATH
     7  OF THE LICENSEE PRIOR TO FULL COMPLIANCE WITH ALL OF THE
     8  AFOREMENTIONED REQUIREMENTS[,] OR UNLESS FULL COMPLIANCE IS
     9  IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S CONTROL, IN WHICH
    10  EVENT, THE LICENSE MAY BE TRANSFERRED BY THE BOARD AS PROVIDED
    11  IN THIS ACT.
    12     * * *
    13     (g)  Every applicant for a new license or for the transfer of
    14  an existing license shall post, for a period of at least
    15  [fifteen] thirty days beginning with the day the application is
    16  filed with the board, in a conspicuous place on the outside of
    17  the premises or at the proposed new location for which the
    18  license is applied, a notice of such application[,]. The notice
    19  shall indicate whether the applicant is applying for the
    20  amusement permit required by section 493(10). The notice shall
    21  be in such form, be of such size, and [containing] contain such
    22  provisions as the board may require by its regulations. Proof of
    23  the posting of such notice shall be filed with the board. The
    24  posting requirement imposed by this subsection shall not apply
    25  to license applications submitted for public venues.
    26     * * *
    27     Section 404.  Issuance of Hotel, Restaurant and Club Liquor
    28  Licenses.--Upon receipt of the application and the proper fees,
    29  and upon being satisfied of the truth of the statements in the
    30  application that the applicant is the only person in any manner
    20020H2574B4664                 - 10 -

     1  pecuniarily interested in the business so asked to be licensed
     2  and that no other person will be in any manner pecuniarily
     3  interested therein during the continuance of the license, except
     4  as hereinafter permitted, and that the applicant is a person of
     5  good repute, that the premises applied for meet all the
     6  requirements of this act and the regulations of the board, that
     7  the applicant seeks a license for a hotel, restaurant or club,
     8  as defined in this act, and that the issuance of such license is
     9  not prohibited by any of the provisions of this act, the board
    10  shall, in the case of a hotel or restaurant, grant and issue to
    11  the applicant a liquor license, and in the case of a club may,
    12  in its discretion, issue or refuse a license: Provided, however,
    13  That in the case of any new license or the transfer of any
    14  license to a new location the board may, in its discretion,
    15  grant or refuse such new license or transfer if such place
    16  proposed to be licensed is within three hundred feet of any
    17  church, hospital, charitable institution, school, or public
    18  playground, or if such new license or transfer is applied for a
    19  place which is within two hundred feet of any other premises
    20  which is licensed by the board: And provided further, That the
    21  board's authority to refuse to grant a license because of its
    22  proximity to a church, hospital, charitable institution, public
    23  playground or other licensed premises shall not be applicable to
    24  license applications submitted for public venues or performing
    25  arts facilities: And provided further, That the board shall
    26  refuse any application for a new license or the transfer of any
    27  license to a new location if, in the board's opinion, such new
    28  license or transfer would be detrimental to the welfare, health,
    29  peace and morals of the inhabitants of the neighborhood within a
    30  radius of five hundred feet of the place proposed to be
    20020H2574B4664                 - 11 -

     1  licensed: And provided further, That prior to July 1, 1996, in
     2  any license district in a city of the first class, the board
     3  may, in its opinion, refuse any application for a new license or
     4  for any person-to-person transfer which shall include a change
     5  in stockholders involving ten per centum or more of all
     6  outstanding voting stock and/or less than ten per centum of all
     7  outstanding voting stock when such change involves a majority or
     8  controlling interest, of any license if the licensed premises is
     9  or would be within three hundred feet of any church, hospital,
    10  charitable institution, school or public playground or within
    11  two hundred feet of any other premises licensed by the board and
    12  if, in the opinion of the board, the licensed premises is or
    13  would be detrimental to the welfare, health, peace and morals of
    14  such church, hospital, school, public playground and/or the
    15  inhabitants of the neighborhood within a radius of five hundred
    16  feet of the licensed premises. The board may enter into an
    17  agreement with the applicant concerning additional restrictions
    18  on the license in question. If the board and the applicant enter
    19  into such an agreement, such agreement shall be binding on the
    20  applicant. Failure by the applicant to adhere to the agreement
    21  will be sufficient cause to form the basis for a citation under
    22  section 471 and for the nonrenewal of the license under section
    23  470. In the event that a licensee violates the agreement on
    24  three separate occasions, the license shall be revoked. If the
    25  board enters into an agreement with an applicant concerning
    26  additional restrictions, those restrictions shall be binding on
    27  subsequent owners of the license until the license is
    28  transferred to a new location or until the board enters into a
    29  subsequent agreement removing those restrictions. If the
    30  application in question involves a location previously licensed
    20020H2574B4664                 - 12 -

     1  by the board then any restrictions imposed by the board on the
     2  previous license at that location shall be binding on the
     3  applicant unless the board enters into a new agreement
     4  rescinding those restrictions. This authority to refuse a
     5  person-to-person transfer in a city of the first class is in
     6  addition to and not in derogation of the authority of the board
     7  generally stated for all areas of this Commonwealth: And
     8  provided further, That the board shall have the discretion to
     9  refuse a license to any person or to any corporation,
    10  partnership or association if such person, or any officer or
    11  director of such corporation, or any member or partner of such
    12  partnership or association shall have been convicted or found
    13  guilty of a felony within a period of five years immediately
    14  preceding the date of application for the said license. The
    15  board shall refuse any application for a new license or the
    16  transfer of any license to a location where the sale of liquid
    17  fuels or oil is conducted. The board may, in its discretion,
    18  refuse an application for an economic development license under
    19  section 461(b.1) or an application for an intermunicipal
    20  transfer of a license if the board receives a protest from the
    21  governing body of the receiving municipality. The receiving
    22  municipality of an intermunicipal transfer or an economic
    23  development license under section 461(b.1) may file a protest
    24  against the transfer of a license into its municipality, and the
    25  receiving municipality shall have standing in a hearing to
    26  present testimony in support of or against the issuance or
    27  transfer of a license. Upon any opening in any quota, an
    28  application for a new license shall only be filed with the board
    29  for a period of six months following said opening.
    30     Section 3.  Section 412 of the act is amended by adding a      <--
    20020H2574B4664                 - 13 -

     1  subsection to read:
     2     Section 412.  Public Venue License.--* * *
     3     SECTION 5.  SECTION 406(A)(1) OF THE ACT, AMENDED NOVEMBER     <--
     4  10, 1999 (P.L.514, NO.47), IS AMENDED AND THE SECTION IS AMENDED
     5  BY ADDING A SUBSECTION TO READ:
     6     SECTION 406.  SALES BY LIQUOR LICENSEES; RESTRICTIONS.--(A)
     7  (1)  EVERY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE MAY SELL
     8  LIQUOR AND MALT OR BREWED BEVERAGES BY THE GLASS, OPEN BOTTLE OR
     9  OTHER CONTAINER, AND IN ANY MIXTURE, FOR CONSUMPTION ONLY IN
    10  THAT PART OF THE HOTEL OR RESTAURANT HABITUALLY USED FOR THE
    11  SERVING OF FOOD TO GUESTS OR PATRONS, OR IN A BOWLING ALLEY THAT
    12  IS IMMEDIATELY ADJACENT TO AND UNDER THE SAME ROOF AS A
    13  RESTAURANT WHEN NO MINORS ARE PRESENT, UNLESS MINORS WHO ARE
    14  PRESENT ARE UNDER PROPER SUPERVISION AS DEFINED IN SECTION 493,
    15  IN THE BOWLING ALLEY, AND IN THE CASE OF HOTELS, TO GUESTS, AND
    16  IN THE CASE OF CLUBS, TO MEMBERS, IN THEIR PRIVATE ROOMS IN THE
    17  HOTEL OR CLUB. NO CLUB LICENSEE NOR ITS OFFICERS, SERVANTS,
    18  AGENTS OR EMPLOYES, OTHER THAN ONE HOLDING A CATERING LICENSE,
    19  SHALL SELL ANY LIQUOR OR MALT OR BREWED BEVERAGES TO ANY PERSON
    20  EXCEPT A MEMBER OF THE CLUB. [IN THE CASE OF A RESTAURANT
    21  LOCATED IN A HOTEL WHICH IS NOT OPERATED BY THE OWNER OF THE
    22  HOTEL AND WHICH IS LICENSED TO SELL LIQUOR UNDER THIS ACT,
    23  LIQUOR AND MALT OR BREWED BEVERAGES MAY BE SOLD] THE HOLDER OF A
    24  RESTAURANT LICENSE LOCATED IN A HOTEL MAY SELL LIQUOR OR MALT OR
    25  BREWED BEVERAGES FOR CONSUMPTION IN THAT PART OF THE RESTAURANT
    26  HABITUALLY USED FOR THE SERVING OF MEALS TO PATRONS AND ALSO TO
    27  GUESTS IN PRIVATE GUEST ROOMS IN THE HOTEL. FOR THE PURPOSE OF
    28  THIS PARAGRAPH, ANY PERSON WHO IS AN ACTIVE MEMBER OF ANOTHER
    29  CLUB WHICH IS CHARTERED BY THE SAME STATE OR NATIONAL
    30  ORGANIZATION SHALL HAVE THE SAME RIGHTS AND PRIVILEGES AS
    20020H2574B4664                 - 14 -

     1  MEMBERS OF THE PARTICULAR CLUB. FOR THE PURPOSE OF THIS
     2  PARAGRAPH, ANY PERSON WHO IS AN ACTIVE MEMBER OF ANY VOLUNTEER
     3  FIREFIGHTING COMPANY, ASSOCIATION OR GROUP OF THIS COMMONWEALTH,
     4  WHETHER INCORPORATED OR UNINCORPORATED, SHALL UPON THE APPROVAL
     5  OF ANY CLUB COMPOSED OF VOLUNTEER FIREMEN LICENSED UNDER THIS
     6  ACT, HAVE THE SAME SOCIAL RIGHTS AND PRIVILEGES AS MEMBERS OF
     7  SUCH LICENSED CLUB. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM
     8  "ACTIVE MEMBER" SHALL NOT INCLUDE A SOCIAL MEMBER. ANY CLUB
     9  LICENSEE WHICH IS EITHER AN INCORPORATED UNIT OF A NATIONAL
    10  VETERANS' ORGANIZATION OR AN AFFILIATED ORGANIZATION AS DEFINED
    11  IN SECTION 461.1 SHALL BE PERMITTED TO SELL LIQUOR OR MALT OR
    12  BREWED BEVERAGES TO ANY ACTIVE MEMBER OF ANOTHER UNIT WHICH IS
    13  CHARTERED BY THE SAME NATIONAL VETERANS' ORGANIZATION OR TO ANY
    14  MEMBER OF A NATIONALLY CHARTERED AUXILIARY ASSOCIATED WITH THE
    15  SAME NATIONAL VETERANS' ORGANIZATION.
    16     * * *
    17     (E)  THE HOLDER OF A HOTEL LICENSE OR THE HOLDER OF A
    18  RESTAURANT LICENSE LOCATED IN A HOTEL MAY ALLOW PERSONS TO
    19  TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED
    20  PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE
    21  PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES
    22  REMAIN ON THE HOTEL PROPERTY. IN ADDITION, A HOLDER OF A
    23  RESTAURANT LICENSE LOCATED ON A GOLF COURSE MAY SELL, FURNISH OR
    24  GIVE LIQUOR OR MALT OR BREWED BEVERAGES ON THE UNLICENSED
    25  PORTION OF THE GOLF COURSE SO LONG AS THE LIQUOR OR MALT OR
    26  BREWED BEVERAGES REMAIN ON THE RESTAURANT OR GOLF COURSE. THE
    27  HOLDER OF A RESTAURANT LICENSE LOCATED IMMEDIATELY ADJACENT TO
    28  AND UNDER THE SAME ROOF OF A BOWLING CENTER MAY ALLOW PERSONS TO
    29  TRANSPORT LIQUOR OR MALT OR BREWED BEVERAGES FROM THE LICENSED
    30  PORTION OF THE PREMISES TO THE UNLICENSED PORTION OF THE
    20020H2574B4664                 - 15 -

     1  PREMISES, SO LONG AS THE LIQUOR OR MALT OR BREWED BEVERAGES
     2  REMAIN WITHIN THE BOWLING CENTER.
     3     SECTION 6.  SECTION 406.1 OF THE ACT, AMENDED JULY 1, 1994
     4  (P.L.402, NO.61),IS AMENDED TO READ:
     5     SECTION 406.1.  SECONDARY SERVICE AREA.--(A)  UPON
     6  APPLICATION OF ANY RESTAURANT, HOTEL, CLUB[, ANY STADIUM AS
     7  DESCRIBED IN SECTION 408.9 OR], MUNICIPAL GOLF COURSE LIQUOR
     8  LICENSEE OR MANUFACTURER OF MALT OR BREWED BEVERAGES, AND
     9  PAYMENT OF THE APPROPRIATE FEE, THE BOARD MAY APPROVE A
    10  SECONDARY SERVICE AREA BY EXTENDING THE LICENSED PREMISES TO
    11  INCLUDE ONE ADDITIONAL PERMANENT STRUCTURE WITH DIMENSIONS OF AT
    12  LEAST ONE HUNDRED SEVENTY-FIVE SQUARE FEET, ENCLOSED ON THREE
    13  SIDES AND HAVING ADEQUATE SEATING. SUCH SECONDARY SERVICE AREA
    14  MUST BE LOCATED ON PROPERTY HAVING A MINIMUM AREA OF ONE (1)
    15  ACRE, AND MUST BE ON LAND WHICH IS IMMEDIATE, ABUTTING, ADJACENT
    16  OR CONTIGUOUS TO THE LICENSED PREMISES WITH NO INTERVENING
    17  PUBLIC THOROUGHFARE, HOWEVER, THE ORIGINAL LICENSED PREMISES AND
    18  THE SECONDARY SERVICE AREA MUST BE LOCATED ON THE SAME TRACT OF
    19  LAND. [IN ANY STADIUM AS DESCRIBED IN SECTION 408.9, ONLY MALT
    20  OR BREWED BEVERAGES MAY BE SERVED.] THERE SHALL BE NO
    21  REQUIREMENT THAT THE SECONDARY SERVICE AREA BE PHYSICALLY
    22  CONNECTED TO THE ORIGINAL LICENSED PREMISES. IN ADDITION, THERE
    23  SHALL BE NO REQUIREMENT THAT THE SECONDARY SERVICE AREA BE
    24  LOCATED IN THE SAME MUNICIPALITY AS THE ORIGINAL LICENSED
    25  PREMISES, PROVIDED, HOWEVER, THAT THE BOARD SHALL NOT APPROVE A
    26  SECONDARY SERVICE AREA IN THIS CASE IF THAT SECONDARY SERVICE
    27  AREA IS LOCATED IN ANY MUNICIPALITY WHERE THE GRANTING OF LIQUOR
    28  LICENSES HAS BEEN PROHIBITED AS PROVIDED IN THIS ARTICLE.
    29  NOTWITHSTANDING 40 PA. CODE § 7.21(C)(3), THE LICENSEE SHALL BE
    30  PERMITTED TO STORE, SERVE, SELL OR DISPENSE FOOD, LIQUOR AND
    20020H2574B4664                 - 16 -

     1  MALT OR BREWED BEVERAGES AT THE BOARD APPROVED SECONDARY SERVICE
     2  AREA.
     3     (B)  IF THE APPLICANT IS A MANUFACTURER OF MALT OR BREWED
     4  BEVERAGES, THE BOARD MAY APPROVE A SECONDARY SERVICE AREA FOR
     5  USE AS A BREWERY PUB PURSUANT TO SECTION 446, NOTWITHSTANDING
     6  ANY INTERVENING PUBLIC THOROUGHFARE, SO LONG AS THE PROPOSED
     7  SECONDARY SERVICE AREA IS WITHIN ONE THOUSAND FEET OF THE
     8  LICENSED PREMISES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
     9  ACT, THE LICENSED PREMISES AND THE SECONDARY SERVICE AREA MAY BE
    10  LOCATED ON DIFFERENT TRACTS OF LANDS.
    11     SECTION 7.  SECTION 408.4 OF THE ACT, AMENDED OR ADDED APRIL
    12  29, 1994 (P.L.212, NO.30), OCTOBER 5, 1994 (P.L.522, NO.77),
    13  JUNE 18, 1998 (P.L.664, NO.86), DECEMBER 21, 1998 (P.L.1202,
    14  NO.155), NOVEMBER 10, 1999 (P.L.514, NO.47) AND FEBRUARY 10,
    15  2002 (P.L.103, NO.10), IS AMENDED TO READ:
    16     SECTION 408.4.  SPECIAL OCCASION PERMITS.--[(A)  UPON
    17  APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE
    18  COMPANY, VOLUNTEER AMBULANCE COMPANY, VOLUNTEER RESCUE SQUAD,
    19  UNIT OF A NATIONALLY CHARTERED CLUB WHICH HAS BEEN ISSUED A CLUB
    20  LIQUOR LICENSE, NONPROFIT AGRICULTURAL ASSOCIATION IN EXISTENCE
    21  FOR AT LEAST TEN YEARS, BONA FIDE SPORTSMEN'S CLUB IN EXISTENCE
    22  FOR AT LEAST TEN YEARS, NATIONALLY CHARTERED VETERANS'
    23  ORGANIZATION AND ANY AFFILIATED LODGE OR SUBDIVISION OF SUCH
    24  ORGANIZATION, FRATERNAL BENEFIT SOCIETY THAT IS LICENSED TO DO
    25  BUSINESS IN THIS COMMONWEALTH AND ANY AFFILIATED LODGE OR
    26  SUBDIVISION OF SUCH FRATERNAL BENEFIT SOCIETY, OR ONE AUXILIARY
    27  OF ANY OF THE FOREGOING, AND UPON PAYMENT OF THE PRESCRIBED FEE
    28  FOR SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF THE ACT OF
    29  APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
    30  CODE OF 1929," THE BOARD SHALL ISSUE A SPECIAL OCCASION PERMIT
    20020H2574B4664                 - 17 -

     1  GOOD FOR A PERIOD OF NOT MORE THAN SIX CONSECUTIVE OR
     2  NONCONSECUTIVE DAYS DURING A CALENDAR YEAR. SPECIAL OCCASION
     3  PERMITS MAY ALSO BE ISSUED TO A MUSEUM OPERATED BY A NONPROFIT
     4  CORPORATION IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE
     5  FIRST CLASS OR A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING
     6  ARTS IN A CITY OF THE THIRD CLASS OR IN AN INCORPORATED TOWN OR
     7  TO AN ARTS COUNCIL OR TO A NONPROFIT CORPORATION THAT OPERATES
     8  AN ARTS FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS IN A
     9  COUNTY OF THE FOURTH CLASS FOR A PERIOD OF NOT MORE THAN SIX
    10  NONCONSECUTIVE OR TEN CONSECUTIVE DAYS AT THE PRESCRIBED FEE FOR
    11  SPECIAL OCCASION PERMITS UNDER SECTION 614-A OF "THE
    12  ADMINISTRATIVE CODE OF 1929."
    13     (A.1)  UPON APPLICATION BY A NATIONALLY ACCREDITED
    14  PENNSYLVANIA NONPROFIT ZOOLOGICAL INSTITUTION LICENSED BY THE
    15  UNITED STATES DEPARTMENT OF AGRICULTURE, THE BOARD SHALL ISSUE A
    16  SPECIAL OCCASION PERMIT IN ACCORDANCE WITH SUBSECTION (A) FOR
    17  SIX NONCONSECUTIVE DAYS OR TEN CONSECUTIVE DAYS IN A CALENDAR
    18  YEAR.
    19     (B)  IN ANY CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP IN
    20  WHICH THE SALE OF LIQUOR AND/OR MALT OR BREWED BEVERAGES HAS
    21  BEEN APPROVED BY THE ELECTORATE, SUCH SPECIAL OCCASION PERMIT
    22  SHALL AUTHORIZE THE PERMITTEE TO SELL LIQUOR AND/OR MALT OR
    23  BREWED BEVERAGES AS THE CASE MAY BE TO ANY ADULT PERSON ON ANY
    24  DAY FOR WHICH THE PERMIT IS ISSUED.
    25     (C)  SUCH SPECIAL OCCASION PERMIT SHALL ONLY BE VALID FOR THE
    26  NUMBER OF DAYS STATED IN THE PERMIT. ONLY ONE PERMIT MAY BE
    27  ISSUED TO ANY PERMITTEE DURING THE YEAR. PROVIDED, THAT A MUSEUM
    28  OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
    29  OR TOWNSHIP OF THE FIRST CLASS, AND A NONPROFIT CORPORATION
    30  ENGAGED IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS, OR
    20020H2574B4664                 - 18 -

     1  AN ARTS COUNCIL OR A NONPROFIT CORPORATION THAT OPERATES AN ARTS
     2  FACILITY OR MUSEUM IN A CITY OF THE THIRD CLASS IN A COUNTY OF
     3  THE FOURTH CLASS MAY BE ISSUED NO MORE THAN SIX PERMITS DURING
     4  THE YEAR, EACH PERMIT BEING VALID FOR ONLY ONE DAY, OR IN THE
     5  ALTERNATIVE, ONE PERMIT VALID FOR NO MORE THAN A TOTAL OF TEN
     6  CONSECUTIVE DAYS PER YEAR, WHICH MAY BE ISSUED ONLY DURING THE
     7  MONTH OF AUGUST.
     8     (D)  SUCH PERMITS SHALL ONLY BE ISSUED FOR USE AT A SPECIAL
     9  EVENT INCLUDING, BUT NOT LIMITED TO BAZAARS, PICNICS AND
    10  CLAMBAKES. THE SPECIAL EVENT MUST BE ONE WHICH IS USED BY THE
    11  PERMITTEE AS A MEANS OF RAISING FUNDS FOR ITSELF.
    12     (D.1)  THE HOURS DURING WHICH THE HOLDER OF A SPECIAL
    13  OCCASION PERMIT MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES
    14  SHALL BE LIMITED TO THE HOURS SET FORTH IN SECTION 406 WHICH ARE
    15  APPLICABLE TO HOTEL AND RESTAURANT LICENSEES. THE HOURS DURING
    16  WHICH A NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN
    17  A CITY OF THE THIRD CLASS MAY SELL LIQUOR OR MALT OR BREWED
    18  BEVERAGES PURSUANT TO A SPECIAL OCCASION PERMIT SHALL BE LIMITED
    19  TO THOSE HOURS SET FORTH IN SECTION 408.3(G.1).
    20     (D.2)  AT LEAST FORTY-EIGHT HOURS PRIOR TO THE SALE OF ANY
    21  LIQUOR OR MALT OR BREWED BEVERAGES, THE HOLDER OF A SPECIAL
    22  OCCASION PERMIT SHALL NOTIFY THE LOCAL POLICE DEPARTMENT, OR IN
    23  THE ABSENCE OF A LOCAL POLICE DEPARTMENT, THE PENNSYLVANIA STATE
    24  POLICE, OF THE TIMES WHEN AND PLACE WHERE THE SALE OF LIQUOR OR
    25  MALT OR BREWED BEVERAGES SHALL OCCUR.
    26     (E)  THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE
    27  TO ANY OF THE FOLLOWING:
    28     (1)  A LICENSEE NOW OR HEREAFTER POSSESSING A CATERER'S
    29  LICENSE, OTHER THAN A VOLUNTEER FIRE COMPANY, VOLUNTEER
    30  AMBULANCE COMPANY OR VOLUNTEER RESCUE SQUAD, WHICH OWNS ITS OWN
    20020H2574B4664                 - 19 -

     1  FACILITY AND WISHES TO USE ITS SPECIAL OCCASION PERMIT AT THAT
     2  FACILITY.
     3     (2)  A PROFESSIONAL FUND RAISER.
     4     (E.1)  NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY,
     5  A PERMITTEE WHO IS A NONPROFIT ORGANIZATION AS DEFINED UNDER
     6  SECTION 501(C)(4) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC
     7  LAW 99-514, 26 U.S.C. § 501(C)(4)) MAY DO ANY OF THE FOLLOWING:
     8     (1)  IF THE PERMITTEE IS CONDUCTING A REGATTA, SELL FOR
     9  CONSUMPTION LIQUOR AND MALT OR BREWED BEVERAGES IN OR ON THE
    10  GROUNDS OF A STATE PARK LOCATED WITHIN A CITY OF THE SECOND
    11  CLASS FOR A PERIOD NOT TO EXCEED TEN CONSECUTIVE DAYS PER
    12  CALENDAR YEAR.
    13     (2)  IF THE PERMITTEE IS CONDUCTING A FAMILY-ORIENTED
    14  CELEBRATION AS PART OF WELCOME AMERICA IN A CITY OF THE FIRST
    15  CLASS ON PROPERTY LEASED FROM THAT CITY FOR A PERIOD OF MORE
    16  THAN FIFTY YEARS, SELL FOR CONSUMPTION LIQUOR AND MALT OR BREWED
    17  BEVERAGES ON SUCH LEASED PROPERTY FOR A PERIOD NOT TO EXCEED TEN
    18  CONSECUTIVE DAYS PER CALENDAR YEAR.
    19     (3)  IF THE PERMITTEE IS A NONPROFIT CORPORATION DESIGNATED
    20  BY A CITY OF THE FIRST CLASS TO CONDUCT A MILLENNIUM CELEBRATION
    21  ON BEHALF OF THE CITY ON PROPERTY LOCATED AT FOUR SITES APPROVED
    22  BY THE BOARD, SELL FOR CONSUMPTION CHAMPAGNE FOR A PERIOD NOT TO
    23  EXCEED TWO CONSECUTIVE DAYS BETWEEN DECEMBER 31, 1999, AND
    24  JANUARY 1, 2000.
    25     (F)  ANY PERSON SELLING LIQUOR OR MALT OR BREWED BEVERAGES IN
    26  VIOLATION OF THIS SECTION SHALL, UPON SUMMARY CONVICTION, BE
    27  SENTENCED TO PAY A FINE OF TWO HUNDRED FIFTY DOLLARS ($250) FOR
    28  THE FIRST OFFENSE AND A FINE OF FIVE HUNDRED DOLLARS ($500) FOR
    29  EACH SUBSEQUENT OFFENSE. THIS FINE SHALL BE IN ADDITION TO ANY
    30  OTHER PENALTY IMPOSED BY LAW FOR THE ILLEGAL SALE OF MALT OR
    20020H2574B4664                 - 20 -

     1  BREWED BEVERAGES.
     2     (G)  FOR THE PURPOSES OF THIS SECTION, "ARTS COUNCIL" MEANS A
     3  TAX-EXEMPT ORGANIZATION WHICH PROMOTES THE VISUAL ARTS,
     4  PERFORMING ARTS, OR BOTH, AND WHICH RECEIVES FUNDING UNDER THE
     5  LOCAL ARTS SERVICES PROGRAM ADMINISTERED BY THE PENNSYLVANIA
     6  COUNCIL ON THE ARTS.]
     7     (H)  THE BOARD MAY ISSUE A SPECIAL OCCASION PERMIT TO AN
     8  ELIGIBLE ENTITY. THE BOARD MAY ALSO ISSUE A SPECIAL OCCASION
     9  PERMIT TO ONE AUXILIARY OF ANY ELIGIBLE ENTITY. ANY ELIGIBLE
    10  ENTITY THAT WISHES TO ACQUIRE A SPECIAL OCCASION PERMIT MUST
    11  SUBMIT A WRITTEN APPLICATION TO THE BOARD IN SUCH FORM AND
    12  CONTAINING SUCH INFORMATION AS THE BOARD SHALL FROM TIME TO TIME
    13  PRESCRIBE. THE FEE FOR SPECIAL OCCASION PERMITS SHALL BE AS SET
    14  FORTH UNDER SECTION 614-A(24) OF THE ACT OF APRIL 9, 1929
    15  (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
    16     (I)  ONLY ONE SPECIAL OCCASION PERMIT SHALL BE ISSUED TO EACH
    17  ELIGIBLE ENTITY PER CALENDAR YEAR. EACH PERMIT MAY ONLY BE USED
    18  FOR SIX CONSECUTIVE OR NONCONSECUTIVE DAYS; HOWEVER, IF THE
    19  ELIGIBLE ENTITY IS A MUSEUM OPERATED BY A NONPROFIT CORPORATION
    20  IN A CITY OF THE THIRD CLASS OR TOWNSHIP OF THE FIRST CLASS, A
    21  NONPROFIT CORPORATION ENGAGED IN THE PERFORMING ARTS IN A CITY
    22  OF THE THIRD CLASS OR IN AN INCORPORATED TOWN, OR AN ARTS
    23  COUNCIL, THEN THE SPECIAL OCCASION PERMIT MAY BE USED FOR SIX
    24  NONCONSECUTIVE OR TEN CONSECUTIVE DAYS.
    25     (J)  THE ELIGIBLE ENTITY SHALL GIVE THE LOCAL POLICE
    26  DEPARTMENT OR THE PENNSYLVANIA STATE POLICE, IF THERE IS NO
    27  LOCAL POLICE DEPARTMENT, WRITTEN NOTICE AT LEAST FORTY-EIGHT
    28  HOURS PRIOR TO EACH USE OF THE SPECIAL OCCASION PERMIT. WRITTEN
    29  NOTICE CONSISTS OF NOTIFYING THE POLICE OF THE DATE, TIME AND
    30  PLACE OF THE IMPENDING SALE OF ALCOHOLIC BEVERAGES.
    20020H2574B4664                 - 21 -

     1     (K)  SPECIAL OCCASION PERMIT HOLDERS MAY SELL ALCOHOLIC
     2  BEVERAGES DURING THE SAME HOURS AS RESTAURANT LIQUOR LICENSE
     3  HOLDERS. IN ADDITION, SPECIAL OCCASION PERMIT HOLDERS MAY SELL
     4  ANY TYPE OF ALCOHOL FOR CONSUMPTION OFF THE LICENSED PREMISES.
     5     (L)  THE ISSUANCE OF A SPECIAL OCCASION PERMIT DOES NOT
     6  PRECLUDE THE ELIGIBLE ENTITY FROM ACQUIRING AND RETAINING ANY
     7  OTHER LIQUOR LICENSE TO WHICH IT MAY BE ENTITLED; HOWEVER, THE
     8  BOARD SHALL NOT ISSUE A SPECIAL OCCASION PERMIT FOR PREMISES
     9  ALREADY LICENSED BY THE BOARD UNLESS THE APPLICANT OWNS THE
    10  PREMISES AND IS A VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE
    11  COMPANY OR VOLUNTEER AMBULANCE SQUAD.
    12     (M)  THE PURPOSE OF A SPECIAL OCCASION PERMIT IS TO PROVIDE
    13  THE ELIGIBLE ENTITY WITH A MEANS OF RAISING FUNDS FOR ITSELF.
    14  THE PERMIT MAY BE USED IN CONJUNCTION WITH ACTIVITIES AND EVENTS
    15  INVOLVING OTHER ENTITIES; HOWEVER, NO ONE OTHER THAN THE HOLDER
    16  OF THE SPECIAL OCCASION PERMIT MAY ACQUIRE A PECUNIARY INTEREST
    17  IN THE PERMIT.
    18     (N)  THE BOARD MAY REFUSE TO ISSUE A SPECIAL OCCASION PERMIT
    19  IF IT FINDS THAT THE APPLICANT IS NOT REPUTABLE, OR DOES NOT
    20  OTHERWISE MEET THE REQUIREMENTS OF THIS ACT. THE RIGHT TO REFUSE
    21  TO ISSUE A SPECIAL OCCASION PERMIT MAY BE BASED IN WHOLE OR IN
    22  PART ON THE APPLICANT'S PRIOR OPERATIONAL HISTORY WITH EITHER A
    23  SPECIAL OCCASION PERMIT OR A LICENSE ISSUED BY THE BOARD.
    24     (O)  THE HOLDER OF A SPECIAL OCCASION PERMIT IS SUBJECT TO
    25  THE PROVISIONS OF SECTION 493(1).
    26     (P)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF
    27  THE ELIGIBLE ENTITY IS A REGATTA IN A CITY OF THE SECOND CLASS
    28  HELD ON THE GROUNDS OF A STATE PARK, THE REGATTA MAY INSTALL A
    29  SECURITY FENCE OR SIMILAR ENCLOSURE AROUND THE BOUNDARY OF THE
    30  STATE PARK OR A PORTION OF THE STATE PARK DURING THE REGATTA AND
    20020H2574B4664                 - 22 -

     1  MAY CHARGE AN ADMITTANCE FEE NOT TO EXCEED FIVE DOLLARS ($5) PER
     2  DAY.
     3     SECTION 8.  SECTIONS 409(C) AND 410(D) OF THE ACT ARE AMENDED
     4  TO READ:
     5     SECTION 409.  SACRAMENTAL WINE LICENSES; FEES; PRIVILEGES;
     6  RESTRICTIONS.--* * *
     7     (C)  IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION
     8  MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES OR A
     9  RESIDENT ALIEN AND A RESIDENT OF THIS COMMONWEALTH. IF THE
    10  APPLICANT IS AN ASSOCIATION OR PARTNERSHIP, EACH AND EVERY
    11  MEMBER OF THE ASSOCIATION OR PARTNERSHIP MUST BE A CITIZEN OF
    12  THE UNITED STATES OR A RESIDENT ALIEN AND A RESIDENT OF THIS
    13  COMMONWEALTH. IF THE APPLICANT IS A CORPORATION, THE APPLICATION
    14  MUST SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF
    15  PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT
    16  BUSINESS IN PENNSYLVANIA, AND THAT ALL OFFICERS, DIRECTORS AND
    17  STOCKHOLDERS ARE CITIZENS OF THE UNITED STATES OR RESIDENT
    18  ALIENS.
    19     * * *
    20     SECTION 410.  LIQUOR IMPORTERS' LICENSES; FEES; PRIVILEGES;
    21  RESTRICTIONS.--* * *
    22     (D)  IF THE APPLICANT IS A NATURAL PERSON, HIS APPLICATION
    23  MUST SHOW THAT HE IS A CITIZEN OF THE UNITED STATES OR A
    24  RESIDENT ALIEN AND A RESIDENT OF THIS COMMONWEALTH. IF THE
    25  APPLICANT IS AN ASSOCIATION OR PARTNERSHIP, EACH AND EVERY
    26  MEMBER OF THE ASSOCIATION OR PARTNERSHIP MUST BE A CITIZEN OF
    27  THE UNITED STATES OR A RESIDENT ALIEN AND A RESIDENT OF THIS
    28  COMMONWEALTH. IF THE APPLICANT IS A CORPORATION, THE APPLICATION
    29  MUST SHOW THAT THE CORPORATION WAS CREATED UNDER THE LAWS OF
    30  PENNSYLVANIA OR HOLDS A CERTIFICATE OF AUTHORITY TO TRANSACT
    20020H2574B4664                 - 23 -

     1  BUSINESS IN PENNSYLVANIA, AND THAT ALL OFFICERS, DIRECTORS AND
     2  STOCKHOLDERS ARE CITIZENS OF THE UNITED STATES OR RESIDENT
     3  ALIENS.
     4     * * *
     5     SECTION 9.  SECTION 412(F)(4) OF THE ACT, AMENDED FEBRUARY
     6  21, 2002 (P.L.103, NO.10), IS AMENDED AND THE SECTION IS AMENDED
     7  BY ADDING A SUBSECTION TO READ:
     8     SECTION 412.  PUBLIC VENUE LICENSE.--* * *
     9     (F)  LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED
    10  RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL
    11  RESTRICTIONS AND PRIVILEGES APPLY:
    12     * * *
    13     (4)  LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT
    14  TO: (I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (II)
    15  THE QUOTA RESTRICTIONS OF SECTION 461; (IV) THE PROVISIONS OF
    16  SECTION 493(10) EXCEPT AS THEY RELATE TO LEWD, IMMORAL OR
    17  IMPROPER ENTERTAINMENT; [AND] (V) THE PROHIBITION AGAINST MINORS
    18  FREQUENTING AS DESCRIBED IN SECTION 493(14) AND (VI) THE COST
    19  AND TOTAL DISPLAY AREA LIMITATIONS OF SECTION 493(20)(I). IN
    20  ADDITION, LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE
    21  SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN SECTION 102.
    22     (g)  The board is authorized to issue multiple licenses under
    23  this section for use in a public venue with permanent seating of
    24  at least thirty-five thousand (35,000) people. If the board does
    25  issue more than one license for a specific public venue, written
    26  notice of the event must be provided to the enforcement bureau
    27  at least forty-eight hours in advance of the dispensing of any
    28  liquor or malt or brewed beverages. The notice shall include the
    29  date, time and specific licensed areas to be used. No more than
    30  one license issued under this section shall be in effect at any
    20020H2574B4664                 - 24 -

     1  location at any time of day at the same time.
     2     Section 4 10.  Section 431(b) of the act, amended December     <--
     3  21, 1998 (P.L.1202, No.155), is amended to read:
     4     Section 431.  Malt and Brewed Beverages Manufacturers',
     5  Distributors' and Importing Distributors' Licenses.--* * *
     6     (b)  The board shall issue to any reputable person who
     7  applies therefor, and pays the license fee hereinafter
     8  prescribed, a distributor's or importing distributor's license
     9  for the place which such person desires to maintain for the sale
    10  of malt or brewed beverages, not for consumption on the premises
    11  where sold, and in quantities of not less than a case or
    12  original containers containing one hundred twenty-eight ounces
    13  or more which may be sold separately as prepared for the market
    14  by the manufacturer at the place of manufacture. The board may
    15  enter into an agreement with the applicant concerning additional
    16  restrictions on the license in question. If the board and the
    17  applicant enter into such an agreement, such agreement shall be
    18  binding on the applicant. Failure by the applicant to adhere to
    19  the agreement will be sufficient cause to form the basis for a
    20  citation under section 471 and for the nonrenewal of the license
    21  under section 470. In the event that a licensee violates the
    22  agreement on three separate occasions, the license shall be
    23  revoked. If the board enters into an agreement with an applicant
    24  concerning additional restrictions, those restrictions shall be
    25  binding on subsequent owners of the license until the license is
    26  transferred to a new location or until the board enters into a
    27  subsequent agreement removing those restrictions. If the
    28  application in question involves a location previously licensed
    29  by the board then any restrictions imposed by the board on the
    30  previous license at that location shall be binding on the
    20020H2574B4664                 - 25 -

     1  applicant unless the board enters into a new agreement
     2  rescinding those restrictions. The board shall have the
     3  discretion to refuse a license to any person or to any
     4  corporation, partnership or association if such person, or any
     5  officer or director of such corporation, or any member or
     6  partner of such partnership or association shall have been
     7  convicted or found guilty of a felony within a period of five
     8  years immediately preceding the date of application for the said
     9  license: And provided further, That, in the case of any new
    10  license or the transfer of any license to a new location, the
    11  board may, in its discretion, grant or refuse such new license
    12  or transfer if such place proposed to be licensed is within
    13  three hundred feet of any church, hospital, charitable
    14  institution, school or public playground, or if such new license
    15  or transfer is applied for a place which is within two hundred
    16  feet of any other premises which is licensed by the board: And
    17  provided further, That the board shall refuse any application
    18  for a new license or the transfer of any license to a new
    19  location if, in the board's opinion, such new license or
    20  transfer would be detrimental to the welfare, health, peace and
    21  morals of the inhabitants of the neighborhood within a radius of
    22  five hundred feet of the place proposed to be licensed. The
    23  board shall refuse any application for a new license or the
    24  transfer of any license to a location where the sale of liquid
    25  fuels or oil is conducted. The board shall require notice to be
    26  posted on the property or premises upon which the licensee or
    27  proposed licensee will engage in sales of malt or brewed
    28  beverages. This notice shall be similar to the notice required
    29  of hotel, restaurant and club liquor licensees.
    30     Except as hereinafter provided, such license shall authorize
    20020H2574B4664                 - 26 -

     1  the holder thereof to sell or deliver malt or brewed beverages
     2  in quantities above specified anywhere within the Commonwealth
     3  of Pennsylvania, which, in the case of distributors, have been
     4  purchased only from persons licensed under this act as
     5  manufacturers or importing distributors, and in the case of
     6  importing distributors, have been purchased from manufacturers
     7  or persons outside this Commonwealth engaged in the legal sale
     8  of malt or brewed beverages or from manufacturers or importing
     9  distributors licensed under this article. In the case of an
    10  importing distributor, the holder of such a license shall be
    11  authorized to store malt or brewed beverages owned by an out of
    12  State manufacturer at a segregated portion of a warehouse or
    13  other storage facility authorized by section 441(d) and operated
    14  by the importing distributor within its appointed territory and
    15  deliver such beverages to another importing distributor who has
    16  been granted distribution rights by the out of State
    17  manufacturer as provided herein. The importing distributor shall
    18  be permitted to receive a fee from the out of State manufacturer
    19  for any related storage or delivery services. In the case of a
    20  bailee for hire hired by an out of State manufacturer, the
    21  holder of such a permit shall be authorized: to receive or store
    22  malt or brewed beverages under the same conditions as permitted
    23  for a distributor or importing distributor under section 441(f)
    24  produced by that out of State manufacturer for sale by that
    25  manufacturer to importing distributors to whom that out of State
    26  manufacturer has given distribution rights pursuant to this
    27  subsection or to purchasers outside this Commonwealth for
    28  delivery outside this Commonwealth; or to ship to that out of
    29  State manufacturer's storage facilities outside this
    30  Commonwealth. The bailee for hire shall be permitted to receive
    20020H2574B4664                 - 27 -

     1  a fee from the out of State manufacturer for any related storage
     2  or delivery services. The bailee for hire shall, as required in
     3  Article V of this act, keep complete and accurate records of all
     4  transactions, inventory, receipts and shipments and make all
     5  records and the licensed areas available for inspection by the
     6  board and for the Pennsylvania State Police, Bureau of Liquor
     7  Control Enforcement, during normal business hours.
     8     Each out of State manufacturer of malt or brewed beverages
     9  whose products are sold and delivered in this Commonwealth shall
    10  give distributing rights for such products in designated
    11  geographical areas to specific importing distributors, and such
    12  importing distributor shall not sell or deliver malt or brewed
    13  beverages manufactured by the out of State manufacturer to any
    14  person issued a license under the provisions of this act whose
    15  licensed premises are not located within the geographical area
    16  for which he has been given distributing rights by such
    17  manufacturer. Should a licensee accept the delivery of such malt
    18  or brewed beverages in violation of this section, said licensee
    19  shall be subject to a suspension of his license for at least
    20  thirty days: Provided, That the importing distributor holding
    21  such distributing rights for such product shall not sell or
    22  deliver the same to another importing distributor without first
    23  having entered into a written agreement with the said secondary
    24  importing distributor setting forth the terms and conditions
    25  under which such products are to be resold within the territory
    26  granted to the primary importing distributor by the
    27  manufacturer.
    28     When a Pennsylvania manufacturer of malt or brewed beverages
    29  licensed under this article names or constitutes a distributor
    30  or importing distributor as the primary or original supplier of
    20020H2574B4664                 - 28 -

     1  his product, he shall also designate the specific geographical
     2  area for which the said distributor or importing distributor is
     3  given distributing rights, and such distributor or importing
     4  distributor shall not sell or deliver the products of such
     5  manufacturer to any person issued a license under the provisions
     6  of this act whose licensed premises are not located within the
     7  geographical area for which distributing rights have been given
     8  to the distributor and importing distributor by the said
     9  manufacturer: Provided, That the importing distributor holding
    10  such distributing rights for such product shall not sell or
    11  deliver the same to another importing distributor without first
    12  having entered into a written agreement with the said secondary
    13  importing distributor setting forth the terms and conditions
    14  under which such products are to be resold within the territory
    15  granted to the primary importing distributor by the
    16  manufacturer. Nothing herein contained shall be construed to
    17  prevent any manufacturer from authorizing the importing
    18  distributor holding the distributing rights for a designated
    19  geographical area from selling the products of such manufacturer
    20  to another importing distributor also holding distributing
    21  rights from the same manufacturer for another geographical area,
    22  providing such authority be contained in writing and a copy
    23  thereof be given to each of the importing distributors so
    24  affected.
    25     * * *
    26     Section 5 11.  Section 432(d) and (e) of the act, amended      <--
    27  December 20, 2000 (P.L.992, No.141), are amended to read:
    28     Section 432.  Malt and Brewed Beverages Retail Licenses.--* *
    29  *
    30     (d)  The board shall, in its discretion, grant or refuse any
    20020H2574B4664                 - 29 -

     1  new license or the transfer of any license to a new location if
     2  such place proposed to be licensed is within three hundred feet
     3  of any church, hospital, charitable institution, school, or
     4  public playground, or if such new license or transfer is applied
     5  for a place which is within two hundred feet of any other
     6  premises which is licensed by the board. The board may enter
     7  into an agreement with the applicant concerning additional
     8  restrictions on the license in question. If the board and the
     9  applicant enter into such an agreement, such agreement shall be
    10  binding on the applicant. Failure by the applicant to adhere to
    11  the agreement will be sufficient cause to form the basis for a
    12  citation under section 471 and for the nonrenewal of the license
    13  under section 470. In the event that a licensee violates the
    14  agreement on three separate occasions, the license shall be
    15  revoked. If the board enters into an agreement with an applicant
    16  concerning additional restrictions, those restrictions shall be
    17  binding on subsequent owners of the license until the license is
    18  transferred to a new location or until the board enters into a
    19  subsequent agreement removing those restrictions. If the
    20  application in question involves a location previously licensed
    21  by the board then any restrictions imposed by the board on the
    22  previous license at that location shall be binding on the
    23  applicant unless the board enters into a new agreement
    24  rescinding those restrictions. The board shall refuse any
    25  application for a new license or the transfer of any license to
    26  a new location if, in the board's opinion, such new license or
    27  transfer would be detrimental to the welfare, health, peace and
    28  morals of the inhabitants of the neighborhood within a radius of
    29  five hundred feet of the place to be licensed. The board shall
    30  refuse any application for a new license or the transfer of any
    20020H2574B4664                 - 30 -

     1  license to a location where the sale of liquid fuels or oil is
     2  conducted: And provided further, That the board shall have the
     3  discretion to refuse a license to any person or to any
     4  corporation, partnership or association if such person, or any
     5  officer or director of such corporation, or any member or
     6  partner of such partnership or association shall have been
     7  convicted or found guilty of a felony within a period of five
     8  years immediately preceding the date of application for the said
     9  license. The board may, in its discretion, refuse an application
    10  for an economic development license under section 461(b.1) or an
    11  application for an intermunicipal transfer or a license if the
    12  board receives a protest from the governing body of the
    13  receiving municipality. The receiving municipality of an
    14  intermunicipal transfer or an economic development license under
    15  section 461(b.1) may file a protest against the approval for
    16  issuance of a license for economic development or an
    17  intermunicipal transfer of a license into its municipality, and
    18  such municipality shall have standing in a hearing to present
    19  testimony in support of or against the issuance or transfer of a
    20  license. Upon any opening in any quota, an application for a new
    21  license shall only be filed with the board for a period of six
    22  months following said opening.
    23     (e)  Every applicant for a new or for the transfer of an
    24  existing license to another premises not then licensed shall
    25  post, for a period of at least [fifteen] thirty days beginning
    26  with the day the application is filed with the board, in a
    27  conspicuous place on the outside of the premises or in a window
    28  plainly visible from the outside of the premises for which the
    29  license is applied or at the proposed new location, a notice of
    30  such application[,]. The notice shall indicate whether the
    20020H2574B4664                 - 31 -

     1  applicant is applying for the amusement permit required by
     2  section 493(10). The notice shall be in such form, be of such
     3  size, and [containing] contain such provisions as the board may
     4  require by its regulations. Proof of the posting of such notice
     5  shall be filed with the board.
     6     * * *
     7     SECTION 12.  SECTION 436(B) OF THE ACT, AMENDED FEBRUARY 21,   <--
     8  2002 (P.L.103, NO.10), IS AMENDED TO READ:
     9     SECTION 436.  APPLICATION FOR DISTRIBUTORS', IMPORTING
    10  DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES.--APPLICATION FOR
    11  DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS'
    12  LICENSES, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER
    13  PREMISES NOT THEN LICENSED, OR TO ANOTHER PERSON, SHALL CONTAIN
    14  OR HAVE ATTACHED THERETO THE FOLLOWING INFORMATION AND
    15  STATEMENTS:
    16     * * *
    17     (B)  THE PARTICULAR PLACE FOR WHICH THE LICENSE IS DESIRED
    18  AND A DETAILED DESCRIPTION THEREOF. THE DESCRIPTION, INFORMATION
    19  AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW THE PREMISES
    20  OR THE PROPOSED LOCATION FOR THE CONSTRUCTION OF THE PREMISES AT
    21  THE TIME THE APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS
    22  PROPOSED TO BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE
    23  CONSTRUCTED AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION
    24  FOR A LICENSE, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO
    25  ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER PERSON. NO
    26  PHYSICAL ALTERATIONS, IMPROVEMENTS OR CHANGES SHALL BE REQUIRED
    27  TO BE MADE TO ANY HOTEL, EATING PLACE OR CLUB, NOR SHALL ANY NEW
    28  BUILDING FOR ANY SUCH PURPOSE BE REQUIRED TO BE CONSTRUCTED
    29  UNTIL APPROVAL OF THE APPLICATION FOR LICENSE OR FOR THE
    30  TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
    20020H2574B4664                 - 32 -

     1  LICENSED OR TO ANOTHER PERSON BY THE BOARD. AFTER APPROVAL OF
     2  THE APPLICATION, THE LICENSEE SHALL MAKE THE PHYSICAL
     3  ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
     4  OR SHALL CONSTRUCT THE NEW BUILDING IN THE MANNER SPECIFIED BY
     5  THE BOARD AT THE TIME OF APPROVAL. THE LICENSEE SHALL NOT
     6  TRANSACT ANY BUSINESS UNDER THE LICENSE UNTIL THE BOARD HAS
     7  APPROVED THE COMPLETED PHYSICAL ALTERATIONS, IMPROVEMENTS AND
     8  CHANGES OF THE LICENSED PREMISES OR THE COMPLETED CONSTRUCTION
     9  OF THE NEW BUILDING AS CONFORMING TO THE SPECIFICATIONS REQUIRED
    10  BY THE BOARD AT THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE
    11  AND IS SATISFIED THAT THE PREMISES MEET THE REQUIREMENTS FOR A
    12  DISTRIBUTOR'S OR IMPORTING DISTRIBUTOR'S LICENSE AS SET FORTH IN
    13  THIS ACT OR THAT THE ESTABLISHMENT IS AN EATING PLACE, HOTEL OR
    14  CLUB AS DEFINED BY THIS ACT. THE BOARD MAY REQUIRE THAT ALL SUCH
    15  ALTERATIONS OR CONSTRUCTION OR CONFORMITY TO DEFINITION BE
    16  COMPLETED WITHIN SIX MONTHS FROM THE TIME OF ISSUANCE OR
    17  TRANSFER OF THE LICENSE. FAILURE TO COMPLY WITH THESE
    18  REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION OF THE
    19  LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN THE TIME
    20  OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL OF THE
    21  COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND FULL
    22  COMPLIANCE BY THE LICENSEE WITH THE REQUIREMENTS OF THIS ACT,
    23  EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL
    24  COMPLIANCE WITH ALL OF THE AFOREMENTIONED REQUIREMENTS[,] OR
    25  UNLESS FULL COMPLIANCE IS IMPOSSIBLE FOR REASONS BEYOND THE
    26  LICENSEE'S CONTROL, IN WHICH EVENT THE LICENSE MAY BE
    27  TRANSFERRED BY THE BOARD AS PROVIDED IN THIS ACT.
    28     * * *
    29     Section 6 13.  Section 441(b) of the act, amended May 31,      <--
    30  1996 (P.L.312, No.49), is amended to read:
    20020H2574B4664                 - 33 -

     1     Section 441.  Distributors' and Importing Distributors'
     2  Restrictions on Sales, Storage, Etc.--* * *
     3     (b)  No distributor or importing distributor shall sell any
     4  malt or brewed beverages in quantities of less than a case or
     5  original containers containing one hundred twenty-eight ounces
     6  or more which may be sold separately: Provided, That no malt or
     7  brewed beverages sold or delivered shall be consumed upon the
     8  premises of the distributor or importing distributor, or in any
     9  place provided for such purpose by such distributor or importing
    10  distributor. Notwithstanding this section or any other section
    11  of this act, malt or brewed beverages which are part of a
    12  tasting conducted pursuant to the board's regulations may be
    13  consumed on licensed premises.
    14     SECTION 14.  SECTION 442 OF THE ACT IS AMENDED BY ADDING A     <--
    15  SUBSECTION TO READ:
    16     SECTION 442.  RETAIL DISPENSERS' RESTRICTIONS ON PURCHASES
    17  AND SALES.--* * *
    18     (E)  THE HOLDER OF A RETAIL DISPENSER LICENSE LOCATED IN A
    19  HOTEL MAY ALLOW PERSONS TO TRANSPORT MALT OR BREWED BEVERAGES
    20  FROM THE LICENSED PORTION OF THE PREMISES TO THE UNLICENSED
    21  PORTION OF THE PREMISES SO LONG AS THE MALT OR BREWED BEVERAGES
    22  REMAIN ON THE HOTEL PROPERTY. IN ADDITION, THE HOLDER OF A
    23  RETAIL DISPENSER LICENSE LOCATED ON A GOLF COURSE MAY ALLOW ITS
    24  PATRONS TO ORDER MALT OR BREWED BEVERAGES ON LICENSED PREMISES
    25  FOR SUBSEQUENT DELIVERY BY THE LICENSEE ON NONLICENSED PORTIONS
    26  OF THE PREMISES, INCLUDING THE GOLF COURSE.
    27     Section 7 15.  Section 470(a) of the act, amended December     <--
    28  21, 1998 (P.L.1202, No.155), is amended to read:
    29     Section 470.  Renewal of Licenses; Temporary Provisions for
    30  Licensees in Armed Service.--(a)  All applications for renewal
    20020H2574B4664                 - 34 -

     1  of licenses under the provisions of this article shall be filed
     2  with tax clearance from the Department of Revenue and the
     3  Department of Labor and Industry and requisite license and
     4  filing fees at least sixty days before the expiration date of
     5  same: Provided, however, That the board, in its discretion, may
     6  accept nunc pro tunc a renewal application filed less than sixty
     7  days before the expiration date of the license with the required
     8  fees, upon reasonable cause shown and the payment of an
     9  additional filing fee of one hundred dollars ($100.00) for late
    10  filing: And provided further, That except where the failure to
    11  file a renewal application on or before the expiration date has
    12  created a license quota vacancy after said expiration date which
    13  has been filled by the issuance of a new license, after such
    14  expiration date, but before the board has received a renewal
    15  application nunc pro tunc within the time prescribed herein the
    16  board, in its discretion, may, after hearing, accept a renewal
    17  application filed within two years after the expiration date of
    18  the license with the required fees upon the payment of an
    19  additional filing fee of two hundred fifty dollars ($250.00) for
    20  late filing. Where any such renewal application is filed less
    21  than sixty days before the expiration date, or subsequent to the
    22  expiration date, no license shall issue upon the filing of the
    23  renewal application until the matter is finally determined by
    24  the board and if an appeal is taken from the board's action the
    25  courts shall not order the issuance of the renewal license until
    26  final determination of the matter by the courts. The board may
    27  enter into an agreement with the applicant concerning additional
    28  restrictions on the license in question. If the board and the
    29  applicant enter into such an agreement, such agreement shall be
    30  binding on the applicant. Failure by the applicant to adhere to
    20020H2574B4664                 - 35 -

     1  the agreement will be sufficient cause to form the basis for a
     2  citation under section 471 and for the nonrenewal of the license
     3  under this section. In the event that a licensee violates the
     4  agreement on three separate occasions, the license shall be
     5  revoked. A renewal application will not be considered filed
     6  unless accompanied by the requisite filing and license fees and
     7  any additional filing fee required by this section. Unless the
     8  board shall have given ten days' previous notice to the
     9  applicant of objections to the renewal of his license, based
    10  upon violation by the licensee or his servants, agents or
    11  employes of any of the laws of the Commonwealth or regulations
    12  of the board relating to the manufacture, transportation, use,
    13  storage, importation, possession or sale of liquors, alcohol or
    14  malt or brewed beverages, or the conduct of a licensed
    15  establishment, or unless the applicant has by his own act become
    16  a person of ill repute, or unless the premises do not meet the
    17  requirements of this act or the regulations of the board, the
    18  license of a licensee shall be renewed.
    19     * * *
    20     Section 8 16.  Section 471(c) of the act, amended February     <--
    21  21, 2002 (P.L.103, No.10), is amended to read:
    22     Section 471.  Revocation and Suspension of Licenses; Fines.--
    23  * * *
    24     (c)  The administrative law judge may consider the licensee's
    25  prior citation history when imposing a penalty. If the violation
    26  in question is a third or subsequent violation of [this act] any
    27  offense referred to in subsection (b) or Title 18 of the
    28  Pennsylvania Consolidated Statutes (relating to crimes and
    29  offenses), occurring within a period of four years, the
    30  administrative law judge shall impose a suspension or
    20020H2574B4664                 - 36 -

     1  revocation.
     2     * * *
     3     SECTION 17.  SECTION 472 OF THE ACT IS AMENDED BY ADDING A     <--
     4  SUBSECTION TO READ:
     5     SECTION 472.  LOCAL OPTION.--* * *
     6     (E)  A VOTE ON THE BALLOT QUESTION REGARDING THE GRANTING OF
     7  LIQUOR LICENSES THAT CHANGES THE MUNICIPALITY'S STATUS ON THAT
     8  ISSUE SUPERSEDES ANY EARLIER CONTRARY VOTES ON THE GRANTING OF
     9  LIQUOR LICENSES TO PUBLIC VENUES, PERFORMING ARTS FACILITIES,
    10  HOTELS, GOLF COURSES, INCORPORATED UNITS OF NATIONAL VETERANS'
    11  CLUBS AND SPECIAL OCCASION PERMITS. IN ADDITION, A VOTE ON THE
    12  BALLOT QUESTION REGARDING THE GRANTING OF LIQUOR LICENSES THAT
    13  CHANGES THE MUNICIPALITY'S STATUS ON THAT ISSUE SUPERSEDES ANY
    14  EARLIER CONTRARY VOTES ON THE ISSUANCE OF GRANTING LICENSES TO
    15  RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES.
    16     SECTION 18.  SECTION 472.3(A) OF THE ACT IS AMENDED TO READ:
    17     SECTION 472.3.  EXCHANGE OF CERTAIN LICENSES.--(A)  [IN ANY
    18  MUNICIPALITY WHEREIN RESTAURANT LIQUOR LICENSE ISSUE, THE] THE
    19  BOARD MAY ISSUE TO A CLUB AS DEFINED IN THIS ACT, A CLUB LIQUOR
    20  LICENSE IN EXCHANGE FOR A CLUB RETAIL DISPENSER LICENSE IN ANY
    21  MUNICIPALITY WHICH HAS APPROVED THE GRANTING OF LIQUOR LICENSES.
    22     * * *
    23     Section 9 19.  The act is amended by adding a section to       <--
    24  read:
    25     Section 474.1.  Surrender of Restaurant, Eating Place Retail
    26  Dispenser, Hotel, Importing Distributor and Distributor License
    27  for Benefit of Licensee.--(a)  A restaurant, eating place retail
    28  dispenser, hotel, importing distributor and distributor licensee
    29  whose licensed establishment is not in operation for fifteen
    30  consecutive days shall return its license for safekeeping with
    20020H2574B4664                 - 37 -

     1  the board no later than at the expiration of the fifteen-day
     2  period. The license may only be reissued from safekeeping in the
     3  manner set forth by the board through regulation.
     4     (b)  The board may hold the license in safekeeping for a
     5  period not to exceed three consecutive years. Any license
     6  remaining in safekeeping for more than three consecutive years
     7  shall be immediately revoked by the Bureau of Licensing unless a
     8  transfer application or request for reissue from safekeeping has
     9  been filed prior to the expiration of the three-year period. The
    10  board shall extend the period for an additional year if at the
    11  end of the three-year period, the licensed premises are
    12  unavailable due to fire, flood or other similar natural
    13  disaster.
    14     (c)  In the event a transfer application filed prior to the
    15  expiration of the three-year period is disapproved by the board,
    16  through its exercise of discretion, then the license may remain
    17  in safekeeping for an additional period of three consecutive
    18  months after the board's decision to refuse the transfer
    19  application. Failure to remove the license from safekeeping or
    20  to file another transfer application prior to the expiration of
    21  the three-month period of time shall result in revocation of the
    22  license.
    23     (d)  Any period of time in which the licensee allows the
    24  license to lapse by not filing a timely license renewal or
    25  license validation shall be considered time in which the license
    26  was held in safekeeping, for purposes of this section.
    27     (e)  A license placed in safekeeping prior to the effective
    28  date of this act will be deemed to have been placed in
    29  safekeeping on the effective date of this act, for purposes of
    30  this section.
    20020H2574B4664                 - 38 -

     1     SECTION 20.  SECTION 478(C) OF THE ACT IS REPEALED.            <--
     2     SECTION 21.  SECTION 491(7) AND (11) OF THE ACT, AMENDED
     3  FEBRUARY 21, 2002 (P.L.103, NO.10), ARE AMENDED TO READ:
     4     SECTION 491.  UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND
     5  LIQUOR LICENSEES.--
     6     IT SHALL BE UNLAWFUL--
     7     * * *
     8     (7)  SALES OF LIQUOR BY MANUFACTURERS AND LICENSED IMPORTERS.
     9  FOR ANY MANUFACTURER OR LICENSED IMPORTER OF LIQUOR IN THIS
    10  COMMONWEALTH, HIS AGENTS, SERVANTS OR EMPLOYES, TO SELL OR OFFER
    11  TO SELL ANY LIQUOR IN THIS COMMONWEALTH EXCEPT TO THE BOARD FOR
    12  USE IN PENNSYLVANIA LIQUOR STORES, AND IN THE CASE OF A
    13  MANUFACTURER, TO THE HOLDER OF A SACRAMENTAL WINE LICENSE OR AN
    14  IMPORTER'S LICENSE[, BUT A MANUFACTURER OR LICENSED IMPORTER MAY
    15  SELL OR OFFER TO SELL LIQUOR TO PERSONS OUTSIDE OF THIS
    16  COMMONWEALTH]. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT,
    17  A MANUFACTURER OR LICENSED IMPORTER MAY SELL OR OFFER TO SELL
    18  LIQUOR FOR DELIVERY OUTSIDE OF THIS COMMONWEALTH.
    19     * * *
    20     (11)  IMPORTATION OF LIQUOR. FOR ANY PERSON, OTHER THAN THE
    21  BOARD OR THE HOLDER OF A SACRAMENTAL WINE LICENSE, AN IMPORTER'S
    22  LICENSE OR A DIRECT SHIPPER'S LICENSE, TO IMPORT ANY LIQUOR
    23  WHATSOEVER INTO THIS COMMONWEALTH, BUT THIS SECTION SHALL NOT BE
    24  CONSTRUED TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM
    25  PURCHASING AND SELLING LIQUORS PURCHASED OUTSIDE THE
    26  COMMONWEALTH IN THEIR DINING, CLUB AND BUFFET CARS WHICH ARE
    27  COVERED BY PUBLIC SERVICE LIQUOR LICENSES AND WHICH ARE OPERATED
    28  IN THIS COMMONWEALTH.
    29     * * *
    30     SECTION 22.  SECTION 492(8) AND (10) OF THE ACT, AMENDED
    20020H2574B4664                 - 39 -

     1  DECEMBER 21 1998 (P.L.1202, NO.155), ARE AMENDED TO READ:
     2     SECTION 492.  UNLAWFUL ACTS RELATIVE TO MALT OR BREWED
     3  BEVERAGES AND LICENSEES.--
     4     IT SHALL BE UNLAWFUL--
     5     * * *
     6     (8)  TRANSPORTATION AND IMPORTATION OF MALT OR BREWED
     7  BEVERAGES. FOR ANY PERSON, TO TRANSPORT MALT OR BREWED BEVERAGES
     8  EXCEPT IN THE ORIGINAL CONTAINERS, OR TO TRANSPORT MALT OR
     9  BREWED BEVERAGES FOR ANOTHER WHO IS ENGAGED IN SELLING EITHER
    10  LIQUOR OR MALT OR BREWED BEVERAGES, UNLESS SUCH PERSON SHALL
    11  HOLD (A) A LICENSE TO TRANSPORT FOR HIRE, ALCOHOL, LIQUOR AND
    12  MALT OR BREWED BEVERAGES, AS HEREINAFTER PROVIDED IN THIS ACT,
    13  OR (B) SHALL HOLD A PERMIT ISSUED BY THE BOARD AND SHALL HAVE
    14  PAID TO THE BOARD SUCH PERMIT FEE, AS PRESCRIBED IN SECTION 614-
    15  A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
    16  ADMINISTRATIVE CODE OF 1929," ANY OTHER LAW TO THE CONTRARY
    17  NOTWITHSTANDING. THIS CLAUSE SHALL NOT BE CONSTRUED:
    18     (I)  TO PROHIBIT TRANSPORTATION OF MALT OR BREWED BEVERAGES
    19  THROUGH THIS COMMONWEALTH AND NOT FOR DELIVERY IN THIS
    20  COMMONWEALTH IF SUCH TRANSPORTING IS DONE IN ACCORDANCE WITH THE
    21  RULES AND REGULATIONS OF THE BOARD; OR
    22     (II)  TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM SELLING
    23  MALT OR BREWED BEVERAGES PURCHASED OUTSIDE THIS COMMONWEALTH IN
    24  THEIR DINING, CLUB AND BUFFET CARS WHICH ARE COVERED BY PUBLIC
    25  SERVICE LIQUOR LICENSES AND WHICH ARE OPERATED IN THIS
    26  COMMONWEALTH.
    27     * * *
    28     [(10)  IMPORTING OR TRANSPORTING MALT OR BREWED BEVERAGES
    29  WITHOUT TAX STAMPS. FOR ANY PERSON, TO TRANSPORT WITHIN OR
    30  IMPORT ANY MALT OR BREWED BEVERAGES INTO THIS COMMONWEALTH,
    20020H2574B4664                 - 40 -

     1  EXCEPT IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
     2  BOARD, OR FOR ANY PERSON TO TRANSPORT MALT OR BREWED BEVERAGES
     3  INTO OR WITHIN THIS COMMONWEALTH, UNLESS THERE SHALL BE AFFIXED
     4  TO THE ORIGINAL CONTAINERS IN WHICH SUCH MALT OR BREWED
     5  BEVERAGES ARE TRANSPORTED, STAMPS OR CROWNS EVIDENCING THE
     6  PAYMENT OF THE MALT LIQUOR TAX TO THE COMMONWEALTH: PROVIDED,
     7  HOWEVER, THAT THIS CLAUSE SHALL NOT BE CONSTRUED TO PROHIBIT
     8  TRANSPORTATION OF MALT OR BREWED BEVERAGES THROUGH THIS
     9  COMMONWEALTH AND NOT FOR DELIVERY THEREIN, IF SUCH TRANSPORTING
    10  IS DONE IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
    11  BOARD.]
    12     * * *
    13     Section 10 23.  Section 493(13), (17) and (20)(i) of the act,  <--
    14  amended May 31, 1996 (P.L.312, No.49) and November 10, 1999
    15  (P.L.514, No.47), are amended to read:
    16     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    17  Brewed Beverages and Licensees.--The term "licensee," when used
    18  in this section, shall mean those persons licensed under the
    19  provisions of Article IV, unless the context clearly indicates
    20  otherwise.
    21     It shall be unlawful--
    22     * * *
    23     (13)  Retail Licensees Employing Minors. For any hotel,
    24  restaurant or club liquor licensee, or any retail dispenser, to
    25  employ or to permit any minor under the age of eighteen to serve
    26  any alcoholic beverages or to employ or permit any minor under
    27  the age of sixteen to render any service whatever in the
    28  licensed premises, nor shall any entertainer under the age of
    29  eighteen be employed or permitted to perform in any licensed
    30  premises in violation of the labor laws of this Commonwealth:
    20020H2574B4664                 - 41 -

     1  Provided, That in accordance with board regulations minors
     2  between the ages of sixteen and eighteen may be employed to
     3  serve food, clear tables and perform other similar duties, not
     4  to include the dispensing or serving of alcoholic beverages.
     5  [Notwithstanding any provision of this act to the contrary, it
     6  shall be lawful] It shall be unlawful for any ski resort, golf
     7  course or amusement park licensee to employ minors fourteen and
     8  fifteen years of age to perform duties [only] in rooms or areas
     9  of the licensed premises when and where alcoholic beverages are
    10  [not] dispensed, served or stored [during the time in which the
    11  minor is performing such duties] in unsecured storage.
    12     * * *
    13     (17)  Licensees, etc., Interested or Employed in
    14  Manufacturing or Sale of Equipment or Fixtures. For any
    15  licensee, or any officer, director, stockholder, servant, agent
    16  or employe of any licensee, to own any interest, directly or
    17  indirectly, in or be employed or engaged in any business which
    18  involves the manufacture or sale of any equipment, furnishings
    19  or fixtures to any hotel, restaurant or club licensees, or to
    20  any importing distributors, distributors or retail dispensers:
    21  Provided, however, That as to malt or brewed beverage licensees,
    22  the provisions of this subsection shall not apply to such a
    23  conflicting interest if it has existed for a period of not less
    24  than three years prior to the first day of January, one thousand
    25  nine hundred thirty-seven, and the board shall approve.
    26  Notwithstanding this provision or any other provision of this     <--
    27  act, it shall be permissible for licensees to LICENSEES MAY sell  <--
    28  glasses at not less than cost and to provide beer buckets,        <--
    29  coasters, metal keg connectors and tap knobs to other licensees
    30  and to holders of special occasion permits.
    20020H2574B4664                 - 42 -

     1     * * *
     2     (20)  (i)  Retail Liquor and Retail Malt or Brewed Beverages
     3  Licensee's Inside Advertisements. For any retail liquor or
     4  retail malt or brewed beverages licensee, to display or permit
     5  the display in the show window or doorways of his licensed
     6  premises, any placard or sign advertising the brands of liquor
     7  or malt or brewed beverages, if the total display area of any
     8  such placard or sign advertising the product or products exceeds
     9  six hundred square inches. Nothing herein shall prohibit a
    10  licensee from displaying inside his licensed premises point of
    11  sale displays advertising brand names of products sold by him,
    12  other than a window or door display: Provided, That the total
    13  cost of all such point of sale advertising matter relating to
    14  any one brand shall [not exceed the sum of one hundred forty
    15  dollars ($140) at any one time, and no single piece of
    16  advertising shall exceed a cost of seventy dollars ($70). The
    17  board is authorized to make annual adjustments to the cost
    18  limitations on point of display advertising to reflect any
    19  changes in such limitations by the United States Bureau of
    20  Alcohol, Tobacco and Firearms or its successors in accordance
    21  with 27 CFR 6.83 (relating to product displays) and 27 CFR 6.85
    22  (relating to retailer advertising specialties).] not exceed the
    23  dollar amount set forth by the board through regulation. All
    24  such advertising material, including the window and door signs,
    25  may be furnished by a manufacturer, distributor or importing
    26  distributor. The restrictions on advertising set forth in
    27  subclause (ii) and in clauses (20.1) and (20.2) shall also apply
    28  to this subclause.
    29     * * *
    30     SECTION 24.  SECTION 493.1 OF THE ACT, ADDED OCTOBER 5, 1994   <--
    20020H2574B4664                 - 43 -

     1  (P.L.522, NO.77), IS AMENDED TO READ:
     2     SECTION 493.1.  RIGHTS OF MUNICIPALITIES PRESERVED.--(A)
     3  NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREEMPT THE RIGHT OF
     4  ANY MUNICIPALITY TO REGULATE ZONING AND ENFORCE ANY OTHER LOCAL
     5  ORDINANCES AND CODES DEALING WITH HEALTH AND WELFARE ISSUES.
     6     (B)  A MUNICIPALITY THAT WISHES TO SUPERSEDE THOSE PROVISIONS
     7  OF THE BOARD'S REGULATIONS PERTAINING TO AMPLIFIED MUSIC BEING
     8  HEARD OFF THE LICENSED PREMISES MAY DO SO BY NOTIFYING THE BOARD
     9  THAT THE MUNICIPALITY HAS ADOPTED AN ORDINANCE TO IMPOSE THE
    10  REQUIREMENTS OF ITS OWN LOCAL NOISE ORDINANCE IN LIEU OF THE
    11  BOARD'S REGULATIONS ON LICENSED PREMISES WITHIN ITS BOUNDARIES.
    12  IF A MUNICIPALITY CHOOSES TO GIVE THE BOARD SUCH NOTIFICATION,
    13  THOSE PROVISIONS OF THE BOARD'S REGULATIONS PERTAINING TO
    14  AMPLIFIED MUSIC BEING HEARD OFF THE LICENSED PREMISES, SHALL NOT
    15  BE APPLICABLE TO LICENSED PREMISES LOCATED IN THAT MUNICIPALITY
    16  UNTIL THE MUNICIPALITY INFORMS THE BOARD THAT IT WILL NO LONGER
    17  SUPERSEDE THE BOARD'S REGULATIONS.
    18     SECTION 25.  SECTION 498(G) OF THE ACT, AMENDED FEBRUARY 21,
    19  2002 (P.L.103, NO.10), IS AMENDED TO READ:
    20     SECTION 498.  UNLAWFUL ADVERTISING.-- * * *
    21     (G)  FOR PURPOSES OF THIS SUBSECTION, THE TERM
    22  "ADVERTISEMENT" SHALL MEAN ANY ADVERTISING OF ALCOHOLIC
    23  BEVERAGES THROUGH THE MEDIUM OF RADIO BROADCAST, TELEVISION
    24  BROADCAST, NEWSPAPERS, PERIODICALS OR OTHER PUBLICATION, OUTDOOR
    25  ADVERTISEMENT, ANY FORM OF ELECTRONIC TRANSMISSION OR ANY OTHER
    26  PRINTED OR GRAPHIC MATTER, INCLUDING BOOKLETS, FLYERS OR CARDS,
    27  OR ON THE PRODUCT LABEL OR ATTACHMENT ITSELF.
    28     SECTION 26.  SECTION 505.2(2) OF THE ACT, AMENDED NOVEMBER
    29  10, 1999 (P.L.514, NO.49), IS AMENDED TO READ:
    30     SECTION 505.2.  LIMITED WINERIES.--IN THE INTEREST OF
    20020H2574B4664                 - 44 -

     1  PROMOTING TOURISM AND RECREATIONAL DEVELOPMENT IN PENNSYLVANIA,
     2  HOLDERS OF A LIMITED WINERY LICENSE MAY:
     3     * * *
     4     (2)  SELL ALCOHOLIC CIDER, WINE AND WINE COOLERS PRODUCED BY
     5  THE LIMITED WINERY OR PURCHASED IN BULK IN BOND FROM ANOTHER
     6  PENNSYLVANIA LIMITED WINERY ON THE LICENSED PREMISES, UNDER SUCH
     7  CONDITIONS AND REGULATIONS AS THE BOARD MAY ENFORCE, TO THE
     8  BOARD, TO INDIVIDUALS AND TO BREWERY, HOTEL, RESTAURANT, CLUB
     9  AND PUBLIC SERVICE LIQUOR LICENSEES, AND TO PENNSYLVANIA WINERY
    10  LICENSEES: PROVIDED, THAT A LIMITED WINERY SHALL NOT, IN ANY
    11  CALENDAR YEAR, PURCHASE ALCOHOLIC CIDER OR WINE PRODUCED BY
    12  OTHER LIMITED WINERIES IN AN AMOUNT IN EXCESS OF FIFTY PER
    13  CENTUM OF THE ALCOHOLIC CIDER OR WINE PRODUCED BY THE PURCHASING
    14  LIMITED WINERY IN THE PRECEDING CALENDAR YEAR. IN ADDITION, THE
    15  HOLDER OF A LIMITED WINERY LICENSE MAY PURCHASE WINE IN BOTTLES
    16  FROM ANOTHER PENNSYLVANIA LIMITED WINERY IF THESE WINES UNDERGO
    17  A SECOND FERMENTATION PROCESS. SUCH WINE MAY BE SOLD IN BOTTLES
    18  BEARING THE PURCHASING LIMITED WINERY'S LABEL OR THE PRODUCING
    19  LIMITED WINERY'S LABEL. SUCH WINES, IF SOLD BY THE BOARD, MAY BE
    20  SOLD BY THE PRODUCING LIMITED WINERY TO THE PURCHASING LIMITED
    21  WINERY AT A PRICE LOWER THAN THE PRICE CHARGED BY THE BOARD.
    22     * * *
    23     SECTION 27.  SECTIONS 505.3, 509 AND 515 OF THE ACT ARE
    24  AMENDED TO READ:
    25     [SECTION 505.3.  DISTILLERIES.--DISTILLERIES OF HISTORICAL
    26  SIGNIFICANCE ESTABLISHED MORE THAN ONE HUNDRED YEARS PRIOR TO
    27  JANUARY 1, 1975 WHICH HOLD A LICENSE ISSUED UNDER SECTION 505
    28  MAY SELL LIQUOR PRODUCED BY THE DISTILLERY ON THE LICENSED
    29  PREMISES UNDER SUCH CONDITIONS AND REGULATIONS AS THE BOARD MAY
    30  ENFORCE.]
    20020H2574B4664                 - 45 -

     1     SECTION 509.  LICENSE MUST BE POSTED; BUSINESS HOURS.--
     2  LICENSES SHALL BE ISSUED BY THE BOARD UNDER ITS OFFICIAL SEAL.
     3  EVERY LICENSE SO ISSUED MUST AT ALL TIMES BE POSTED IN A
     4  CONSPICUOUS PLACE WHERE THE BUSINESS IS CARRIED ON UNDER IT[,
     5  AND SAID PLACE OF BUSINESS MUST BE KEPT OPEN DURING GENERAL
     6  BUSINESS HOURS OF EVERY DAY IN THE YEAR EXCEPT SUNDAYS AND LEGAL
     7  HOLIDAYS]. LICENSEES MAY BE OPEN EVERY DAY EXCEPT LIMITED
     8  WINERIES WHICH MAY BE OPEN AS SET FORTH BY THE BOARD THROUGH
     9  REGULATIONS.
    10     SECTION 515.  APPEALS.--THE [BOARD, THE] ENFORCEMENT BUREAU
    11  OR ANY APPLICANT OR ANY LICENSEE AGGRIEVED BY ANY DECISION
    12  REFUSING, SUSPENDING OR REVOKING A LICENSE UNDER THE PROVISIONS
    13  OF THIS ARTICLE MAY APPEAL TO THE [COURT OF THE COUNTY IN WHICH
    14  THE LICENSED PREMISES OR THE PREMISES TO BE LICENSED ARE
    15  LOCATED. IN THE EVENT AN APPLICANT OR A LICENSEE SHALL HAVE NO
    16  PLACE OF BUSINESS ESTABLISHED WITHIN THE COMMONWEALTH, HIS
    17  APPEAL SHALL BE TO THE] COMMONWEALTH COURT. SUCH APPEAL SHALL BE
    18  IN ACCORDANCE WITH 2 PA.C.S. CH. 7 SUBCH. A (RELATING TO
    19  JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
    20     Section 11 28.  This act shall take effect immediately.        <--







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