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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SANTONI, BRENNAN, CALTAGIRONE, D. COSTA, DALEY, DONATUCCI, FABRIZIO, HALUSKA, HENNESSEY, HORNAMAN, KILLION, KIRKLAND, KOTIK, KULA, MAHONEY, MANN, MATZIE, MUNDY, SAINATO, K. SMITH, STABACK AND WAGNER, JULY 18, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, JULY 18, 2011 |
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| AN ACT |
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1 | Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as |
2 | reenacted, "An act relating to alcoholic liquors, alcohol and |
3 | malt and brewed beverages; amending, revising, consolidating |
4 | and changing the laws relating thereto; regulating and |
5 | restricting the manufacture, purchase, sale, possession, |
6 | consumption, importation, transportation, furnishing, holding |
7 | in bond, holding in storage, traffic in and use of alcoholic |
8 | liquors, alcohol and malt and brewed beverages and the |
9 | persons engaged or employed therein; defining the powers and |
10 | duties of the Pennsylvania Liquor Control Board; providing |
11 | for the establishment and operation of State liquor stores, |
12 | for the payment of certain license fees to the respective |
13 | municipalities and townships, for the abatement of certain |
14 | nuisances and, in certain cases, for search and seizure |
15 | without warrant; prescribing penalties and forfeitures; |
16 | providing for local option, and repealing existing laws," in |
17 | preliminary provisions, further providing for definitions; |
18 | and, in licenses and regulations relating to liquor, alcohol |
19 | and malt and brewed beverages, further providing for special |
20 | occasion permits, for revocation and suspension of licenses |
21 | and fines and for penalties. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. The definition of "eligible entity" in section |
25 | 102 of the act of April 12, 1951 (P.L.90, No.21), known as the |
26 | Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) |
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1 | and amended June 28, 2011 (P.L. , No.11), is amended to read: |
2 | Section 102. Definitions.--The following words or phrases, |
3 | unless the context clearly indicates otherwise, shall have the |
4 | meanings ascribed to them in this section: |
5 | * * * |
6 | "Eligible entity" shall mean a city of the third class, a |
7 | hospital, a church, a synagogue, a volunteer fire company, a |
8 | volunteer ambulance company, a volunteer rescue squad, a unit of |
9 | a nationally chartered club which has been issued a club liquor |
10 | license, a club in a city of the third class which has been |
11 | issued a club liquor license and which, as of December 31, 2002, |
12 | has been in existence for at least 100 years, a library, [a |
13 | nationally accredited Pennsylvania nonprofit zoological |
14 | institution licensed by the United States Department of |
15 | Agriculture,] a nonprofit agricultural association in existence |
16 | for at least ten years, a bona fide sportsmen's club in |
17 | existence for at least [ten] five years, a nationally chartered |
18 | veterans' organization and any affiliated lodge or subdivision |
19 | of such organization, a fraternal benefit society that is |
20 | licensed to do business in this Commonwealth and any affiliated |
21 | lodge or subdivision of such fraternal benefit society, [a |
22 | museum operated by a nonprofit corporation in a city of the |
23 | third class or township of the first class, a nonprofit |
24 | corporation engaged in the performing arts in a city of the |
25 | third class, borough or in an incorporated town,] an arts |
26 | council, [a nonprofit corporation that operates an arts facility |
27 | or museum in a city of the third class in the county of the |
28 | fourth class, a nonprofit organization as defined under section |
29 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
30 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to protect the |
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1 | architectural heritage of boroughs or a township of the second |
2 | class and which has been recognized as such by a municipal |
3 | resolution, a nonprofit organization as defined under section |
4 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
5 | 99-514, 26 U.S.C. § 501(c)(3)) conducting a regatta in a city of |
6 | the second class with the permit to be used on State park |
7 | grounds or conducting a family-oriented celebration as part of |
8 | Welcome America in a city of the first class on property leased |
9 | from that city for more than fifty years, a nonprofit |
10 | organization as defined under section 501(c)(3) of the Internal |
11 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
12 | raise funds for the research and treatment of cystic fibrosis, a |
13 | nonprofit organization as defined under section 501(c)(3) of the |
14 | Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose |
15 | purpose is to educate the public on issues dealing with |
16 | watershed conservation, a nonprofit organization as defined |
17 | under section 501(c)(3) of the Internal Revenue Code of 1986 |
18 | (Public Law 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to |
19 | provide equine assisted activities for children and adults with |
20 | special needs,] a nonprofit economic development agency in a |
21 | city of the second class with the primary function to serve as |
22 | an economic generator for the greater southwestern Pennsylvania |
23 | region by attracting and supporting film, television and related |
24 | media industry projects and coordinating government and business |
25 | offices in support of a production, a county tourist promotion |
26 | agency as defined in section 3(1) of the act of April 28, 1961 |
27 | (P.L.111, No.50), known as the "Tourist Promotion Law," [and |
28 | located in a city of the third class in a county of the fourth |
29 | class or located in a township of the second class in a county |
30 | of the fifth class, a junior league in a third class county that |
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1 | is a nonprofit organization as defined under section 501(c)(3) |
2 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
3 | that is comprised of women whose purpose is exclusively |
4 | educational and charitable in promoting the volunteerism of |
5 | women and developing and participating in community projects and |
6 | that has been in existence for over seventy years, a nonprofit |
7 | organization as defined under section 501(c)(3) of the Internal |
8 | Revenue Code of 1986 which is located in counties of the second |
9 | class A or of the third class and whose purpose is the education |
10 | and promotion of American history, a nonprofit organization as |
11 | defined under section 501(c)(6) of the Internal Revenue Code of |
12 | 1986 whose purpose is to support business and industry,] a |
13 | brewery which has been issued a license to manufacture malt or |
14 | brewed beverages and has been in existence for at least 100 |
15 | years or a club recognized by Rotary International [which is |
16 | located in a county of the fourth class and whose purpose is to |
17 | provide service to others, to promote high ethical standards and |
18 | to advance world understanding, goodwill and peace through its |
19 | fellowship of business, professional and community leaders or a |
20 | nonprofit organization as defined under section 501(c)(3) of the |
21 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
22 | 501(c)(3)) which is located in a borough in a county of the |
23 | third class and whose purpose is to promote mushrooms while |
24 | supporting local and regional charities,] a museum operated by a |
25 | not-for-profit corporation in a city of the second class A, [a |
26 | nonprofit organization as defined under section 501(c)(3) of the |
27 | Internal Revenue Code of 1986 which is located in a city of the |
28 | second class A and has as its purpose economic and community |
29 | development, a nonprofit organization as defined under section |
30 | 501(c)(3) or (6) of the Internal Revenue Code of 1986 that is |
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1 | located in a city of the third class in a county of the fifth |
2 | class, a nonprofit social service organization defined under |
3 | section 501(c)(3) of the Internal Revenue Code of 1986 located |
4 | in a county of the third class whose purpose is to serve |
5 | individuals and families in that county of the third class, a |
6 | nonprofit organization as defined under section 501(c)(3) of the |
7 | Internal Revenue Code of 1986 whose main purpose is to |
8 | temporarily foster stray and unwanted animals and match them to |
9 | suitable permanent homes, a] or any other nonprofit organization |
10 | as defined under section 501(c)(3) of the Internal Revenue Code |
11 | of 1986 [who operates either a Main Street Program or Elm Street |
12 | Program recognized by the Commonwealth, the National Trust for |
13 | Historic Preservation or both]. |
14 | * * * |
15 | Section 2. Section 408.4 of the act, amended December 9, |
16 | 2002 (P.L.1653, No.212), July 7, 2006 (P.L.591, No.85), June 5, |
17 | 2007 (P.L.11, No.5) and July 16, 2007 (P.L.107, No.34), is |
18 | amended to read: |
19 | Section 408.4. Special Occasion Licenses and Permits.-- |
20 | (h) The board may issue a special occasion [permit] license |
21 | to an eligible entity. The board may also issue a special |
22 | occasion [permit] license to one auxiliary of any eligible |
23 | entity. Any eligible entity that wishes to acquire a special |
24 | occasion [permit] license must submit a written application and |
25 | the requisite fee of one hundred fifty dollars ($150) to the |
26 | board in such form and containing such information as the board |
27 | shall from time to time prescribe. The fee for special occasion |
28 | [permits] licenses shall be [as set forth under section 614- |
29 | A(24) of the act of April 9, 1929 (P.L.177, No.175), known as |
30 | "The Administrative Code of 1929."] one hundred dollars ($100). |
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1 | (h.1) Unless previously revoked, every license issued by the |
2 | board under this section shall expire if the annual fee is not |
3 | timely paid on the last day of the license period for which the |
4 | license is issued. Licenses issued under the provisions of this |
5 | section shall be renewed as herein provided, upon the filing of |
6 | an application in such form as the board shall prescribe, but no |
7 | license shall be renewed until the applicant shall pay the |
8 | requisite renewal fee. The licensing period shall be as set |
9 | forth by the board under section 402. The renewal fee shall be |
10 | seventy-five dollars ($75). |
11 | (i) [Only one special occasion permit shall be issued to |
12 | each eligible entity per calendar year. Each permit may only be |
13 | used for six consecutive or nonconsecutive days; however, if the |
14 | eligible entity is a museum operated by a nonprofit corporation |
15 | in a city of the third class or township of the first class, a |
16 | nonprofit corporation engaged in the performing arts in a city |
17 | of the third class or in an incorporated town, a bona fide |
18 | sportsmen's club in existence for at least ten years conducting |
19 | a national golf championship or an arts council, then the |
20 | special occasion permit may be used for six nonconsecutive or |
21 | ten consecutive days.] Each special occasion licensee shall be |
22 | issued only one special occasion permit issued to each eligible |
23 | entity per calendar year. Each permit may only be used for six |
24 | consecutive days or ten nonconsecutive days. The permit per-day |
25 | fee shall be twenty dollars ($20) in addition to the fee as |
26 | prescribed in section 614-A(24)(i)(A) of "The Administrative |
27 | Code of 1929." Any eligible entity that wishes to acquire a |
28 | special occasion permit must submit a written application to the |
29 | board in such form and containing such information as the board |
30 | shall from time to time prescribe. |
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1 | (i.1) A special occasion permit application shall be |
2 | submitted to the Pennsylvania Liquor Control Board at least five |
3 | business days prior to the requested permit date. |
4 | (j) The eligible entity shall give the local police |
5 | department or the Pennsylvania State Police, if there is no |
6 | local police department, and the local office of the |
7 | Pennsylvania State Police Bureau of Liquor Control Enforcement |
8 | written notice at least forty-eight hours prior to each use of |
9 | the special occasion permit. Written notice consists of |
10 | notifying the police of the date, time and place of the |
11 | impending sale of alcoholic beverages. |
12 | (k) Special occasion [permit] license holders may sell |
13 | alcoholic beverages during the same hours as restaurant liquor |
14 | license holders. In addition, special occasion permit holders |
15 | may sell any type of alcohol for consumption off the licensed |
16 | premises. |
17 | (l) The issuance of a special occasion [permit] license does |
18 | not preclude the eligible entity from acquiring and retaining |
19 | any other liquor license to which it may be entitled; however, |
20 | the board shall not issue a special occasion [permit] license |
21 | for premises already licensed by the board unless the applicant |
22 | owns the premises and is a volunteer fire company, volunteer |
23 | rescue company or volunteer ambulance squad. |
24 | (m) The purpose of a special occasion [permit] license is to |
25 | provide the eligible entity with a means of raising funds for |
26 | itself. The permit may be used in conjunction with activities |
27 | and events involving other entities; however, no one other than |
28 | the holder of the special occasion [permit] license may acquire |
29 | a pecuniary interest in the [permit] license. |
30 | (n) The board may refuse to issue a special occasion |
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1 | license or permit if it finds that the applicant is not |
2 | reputable or does not otherwise meet the requirements of this |
3 | act. The right to refuse to issue or renew a special occasion |
4 | license or permit may be based in whole or in part on the |
5 | applicant's prior operational history with either a special |
6 | occasion license or permit or [a] another license issued by the |
7 | board. |
8 | (o) The holder of a special occasion [permit] license is |
9 | subject to the provisions of [section] sections 493(1) and 494. |
10 | (o.1) Any such license may be suspended or revoked by the |
11 | board upon proof satisfactory to it that the licensee has |
12 | violated any law of this Commonwealth or any regulation of the |
13 | board relating to liquor and alcohol. The procedure in such |
14 | cases shall be the same as for revocation and suspension of |
15 | hotel, restaurant and club licenses. |
16 | (o.2) If any false statement is intentionally made in any |
17 | part of the application, the affiant shall be deemed guilty of a |
18 | misdemeanor and, upon conviction, shall be subject to the |
19 | penalties provided in section 494. |
20 | (p) Notwithstanding any provision of law to the contrary, if |
21 | [the] an eligible entity is a regatta in a city of the second |
22 | class held on the grounds of a State park, the regatta may |
23 | install a security fence or similar enclosure around the |
24 | boundary of the State park or a portion of the State park during |
25 | the regatta and may charge an admittance fee not to exceed five |
26 | dollars ($5) per day. |
27 | [(q) Notwithstanding any provision of law to the contrary, |
28 | the board may issue a special occasion permit to an eligible |
29 | entity located in a dry municipality if the board is provided |
30 | with a copy of a resolution adopted by the municipality's |
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1 | governing body confirming support for the issuance of the |
2 | special occasion permit. This subsection shall expire on January |
3 | 1, 2007.] |
4 | (r) Notwithstanding any provision of law to the contrary, |
5 | the board may issue a special occasion [permit] license to an |
6 | eligible entity located in a dry municipality if the board is |
7 | provided with a copy of a resolution adopted by the |
8 | municipality's governing body confirming support for the |
9 | issuance of the special occasion [permit] license. |
10 | Section 3. Section 471(b) of the act, amended July 6, 2005 |
11 | (P.L.135, No.39), is amended to read: |
12 | Section 471. Revocation and Suspension of Licenses; Fines.-- |
13 | * * * |
14 | (b) Hearing on such citations shall be held in the same |
15 | manner as provided herein for hearings on applications for |
16 | license. Upon such hearing, if satisfied that any such violation |
17 | has occurred or for other sufficient cause, the administrative |
18 | law judge shall immediately suspend or revoke the license, or |
19 | impose a fine of not less than [fifty dollars ($50)] one hundred |
20 | dollars ($100) nor more than one thousand dollars ($1,000), or |
21 | both, notifying the licensee by registered letter addressed to |
22 | his licensed premises. If the licensee has been cited and found |
23 | to have violated section 493(1) insofar as it relates to sales |
24 | to minors or sales to a visibly intoxicated person, section |
25 | 493(10) insofar as it relates to lewd, immoral or improper |
26 | entertainment or section 493(14), (16) or (21), or has been |
27 | found to be a public nuisance pursuant to section 611, or if the |
28 | owner or operator of the licensed premises or any authorized |
29 | agent of the owner or operator has been convicted of any |
30 | violation of the act of April 14, 1972 (P.L.233, No.64), known |
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1 | as "The Controlled Substance, Drug, Device and Cosmetic Act," or |
2 | of 18 Pa.C.S. § 5902 (relating to prostitution and related |
3 | offenses) or 6301 (relating to corruption of minors), at or |
4 | relating to the licensed premises, the administrative law judge |
5 | shall immediately suspend or revoke the license, or impose a |
6 | fine of not less than one thousand dollars ($1,000) nor more |
7 | than five thousand dollars ($5,000), or both. However, if a |
8 | licensee has been cited and found to have violated section |
9 | 493(1) as it relates to sales to minors or sales to a visibly |
10 | intoxicated person but at the time of the sale the licensee was |
11 | in compliance with the requirements set forth in section 471.1 |
12 | and the licensee had not sold to minors or visibly intoxicated |
13 | persons in the previous four years, then the administrative law |
14 | judge shall immediately suspend or revoke the license, or impose |
15 | a fine of not less than [fifty dollars ($50)] one hundred |
16 | dollars ($100) nor more than one thousand dollars ($1,000), or |
17 | both. The administrative law judge shall notify the licensee by |
18 | registered mail, addressed to the licensed premises, of such |
19 | suspension, revocation or fine. In the event the fine is not |
20 | paid within twenty days of the adjudication, the administrative |
21 | law judge shall suspend or revoke the license, notifying the |
22 | licensee by registered mail addressed to the licensed premises. |
23 | Suspensions and revocations shall not go into effect until |
24 | thirty days have elapsed from the date of the adjudication |
25 | during which time the licensee may take an appeal as provided |
26 | for in this act, except that revocations mandated in section |
27 | 481(c) shall go into effect immediately. Any licensee whose |
28 | license is revoked shall be ineligible to have a license under |
29 | this act until the expiration of three years from the date such |
30 | license was revoked. In the event a license is revoked, no |
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1 | license shall be granted for the premises or transferred to the |
2 | premises in which the said license was conducted for a period of |
3 | at least one year after the date of the revocation of the |
4 | license conducted in the said premises, except in cases where |
5 | the licensee or a member of his immediate family is not the |
6 | owner of the premises, in which case the board may, in its |
7 | discretion, issue or transfer a license within the said year. In |
8 | the event the bureau or the person who was fined or whose |
9 | license was suspended or revoked shall feel aggrieved by the |
10 | adjudication of the administrative law judge, there shall be a |
11 | right to appeal to the board. The appeal shall be based solely |
12 | on the record before the administrative law judge. The board |
13 | shall only reverse the decision of the administrative law judge |
14 | if the administrative law judge committed an error of law, |
15 | abused its discretion or if its decision is not based on |
16 | substantial evidence. In the event the bureau or the person who |
17 | was fined or whose license was suspended or revoked shall feel |
18 | aggrieved by the decision of the board, there shall be a right |
19 | to appeal to the court of common pleas in the same manner as |
20 | herein provided for appeals from refusals to grant licenses. |
21 | Each of the appeals shall act as a supersedeas unless, upon |
22 | sufficient cause shown, the reviewing authority shall determine |
23 | otherwise; however, if the licensee has been cited and found to |
24 | have violated section 493(1) insofar as it relates to sales to |
25 | minors or sales to a visibly intoxicated person, section 493(10) |
26 | insofar as it relates to lewd, immoral or improper entertainment |
27 | or section 493(14), (16) or (21), or has been found to be a |
28 | public nuisance pursuant to section 611, or if the owner or |
29 | operator of the licensed premises or any authorized agent of the |
30 | owner or operator has been convicted of any violation of "The |
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1 | Controlled Substance, Drug, Device and Cosmetic Act," or of 18 |
2 | Pa.C.S. § 5902 or 6301, at or relating to the licensed premises, |
3 | or if the license has been revoked under section 481(c), its |
4 | appeal shall not act as a supersedeas unless the reviewing |
5 | authority determines otherwise upon sufficient cause shown. In |
6 | any hearing on an application for a supersedeas under this |
7 | section, the reviewing authority may consider, in addition to |
8 | other relevant evidence, documentary evidence, including records |
9 | of the bureau, showing the prior history of citations, fines, |
10 | suspensions or revocations against the licensee; and the |
11 | reviewing authority may also consider, in addition to other |
12 | relevant evidence, evidence of any recurrence of the unlawful |
13 | activity occurring between the date of the citation which is the |
14 | subject of the appeal and the date of the hearing. If the |
15 | reviewing authority is the board, no hearing shall be held on |
16 | the application for a supersedeas; however, a decision shall be |
17 | made based on the application, answer and documentary evidence |
18 | under this subsection. If the application for a supersedeas is |
19 | for a license that has been revoked under section 481(c), the |
20 | reviewing authority shall grant the supersedeas only if it finds |
21 | that the licensee will likely prevail on the merits. No penalty |
22 | provided by this section shall be imposed for any violations |
23 | provided for in this act unless the bureau notifies the licensee |
24 | of its nature within thirty days of the completion of the |
25 | investigation. |
26 | * * * |
27 | Section 4. Section 494(a) of the act, amended April 29, 1994 |
28 | (P.L.212, No.30), is amended to read: |
29 | Section 494. Penalties.--(a) Any person who shall violate |
30 | any of the provisions of this article, except as otherwise |
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1 | specifically provided, shall be guilty of a misdemeanor and, |
2 | upon conviction thereof, shall be sentenced to pay a fine of not |
3 | less than [one hundred dollars ($100)] two hundred dollars |
4 | ($200), nor more than five hundred dollars ($500), and on |
5 | failure to pay such fine, to imprisonment for not less than one |
6 | month, nor more than three months, and for any subsequent |
7 | offense, shall be sentenced to pay a fine not less than [three |
8 | hundred dollars ($300)] five hundred dollars ($500), nor more |
9 | than [five hundred dollars ($500)] one thousand dollars ($1000), |
10 | and to undergo imprisonment for a period not less than three |
11 | months, nor more than one year, or both. If the person, at or |
12 | relating to the licensed premises, violates section 493(1), |
13 | (10), (14), (16) or (21), or if the owner or operator of the |
14 | licensed premises or any authorized agent of the owner or |
15 | operator violates the act of April 14, 1972 (P.L.233, No.64), |
16 | known as "The Controlled Substance, Drug, Device and Cosmetic |
17 | Act," or 18 Pa.C.S. § 5902 (relating to prostitution and related |
18 | offenses) or 6301 (relating to corruption of minors), he shall |
19 | be sentenced to pay a fine not exceeding five thousand dollars |
20 | ($5,000) or to undergo imprisonment for a period not less than |
21 | three months, nor more than one year, or both. |
22 | * * * |
23 | Section 5. This act shall take effect in 90 days. |
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