Bill Text: PA SB841 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for definitions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-05 - Referred to AGRICULTURE AND RURAL AFFAIRS [SB841 Detail]

Download: Pennsylvania-2009-SB841-Introduced.html

  

 

    

PRINTER'S NO.  987

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

841

Session of

2009

  

  

INTRODUCED BY KASUNIC, ALLOWAY, BOSCOLA, COSTA, EARLL, FARNESE, FOLMER, FONTANA, GREENLEAF, MELLOW, MUSTO, RAFFERTY, STOUT, TARTAGLIONE, WARD, WASHINGTON AND D. WHITE, MAY 5, 2009

  

  

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 5, 2009  

  

  

  

AN ACT

  

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Amending the act of May 23, 1945 (P.L.926, No.369), entitled, as

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amended, "An act for the protection of the public health by

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regulating the conduct and operation of public eating and

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drinking places within this Commonwealth; requiring their

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licensing; imposing certain duties on the Department of

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Agriculture of this Commonwealth and on the local health

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authorities; and providing penalties," further providing for

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definitions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1 of the act of May 23, 1945 (P.L.926,

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No.369), referred to as the Public Eating and Drinking Place

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Law, amended December 9, 2002, (P.L.1421, No.179), is amended to

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read:

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Section 1.  Definitions.--"Department" shall mean the

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Department of Agriculture of the Commonwealth.

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The words "public eating or drinking place" shall mean any

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place within this Commonwealth where food or drink is served to

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or provided for the public, with or without charge: Provided,

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however, That nothing herein contained shall apply to dining

 


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cars operated by a railroad company in interstate commerce [or]

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a bed and breakfast homestead or inn, or a facility owned or

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operated by a nonprofit corporation that serves or provides to

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the public food or drink with or without charge, which is used

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for the purpose of raising funds for the nonprofit corporation.

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The word "proprietor" shall mean any person, partnership,

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association or corporation, conducting or operating within this

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Commonwealth, a public eating or drinking place.

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The word "employe" shall include any cook, waiter, kitchen

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help, chambermaid, house servant or other employe of any kind in

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a public eating or drinking place, who in any manner whatever,

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handles or comes in contact with any food or drink served to or

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provided for the public, and the proprietor or any member of the

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proprietor's family who handles said food or drink.

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"License" shall mean a grant to a licensee to conduct a

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restaurant, as defined in this act.

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"Licensor" shall mean the county department of health or

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joint-county department of health, whenever such public eating

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or drinking place is located in a political subdivision which is

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under the jurisdiction of a county department of health or

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joint-county department of health, or the health authorities of

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cities, boroughs, incorporated towns and first-class townships,

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whenever such public eating or drinking place is located in a

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city, borough, incorporated town or first-class township not

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under the jurisdiction of a county department of health or

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joint-county department of health, or the health authorities of

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second class townships and second class townships which have

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adopted a home rule charter which elect to issue licenses under

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the provisions of this act whenever such public eating and

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drinking place is located in such a second class township or

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second class township which has adopted a home rule charter not

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under the jurisdiction of a county department of health or

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joint-county department of health, or the Department of

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Agriculture, whenever such public eating or drinking place is

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located in any other area of the Commonwealth.

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The words "bed and breakfast homestead or inn" shall mean a

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private residence which contains ten or fewer bedrooms used for

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providing overnight accommodations to the public and in which

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breakfast is the only meal served and is included in the charge

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for the room.

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The words "nonprofit corporation" shall mean a volunteer fire

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company, a volunteer rescue service, a volunteer ambulance

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service, a veteran's organization, a religious organization, a

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nonprofit athletic organization or a senior citizen center.

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The words "volunteer fire company" shall have the same

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meaning given to it in section 3 of the act of July 15, 1976

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(P.L.1036, No.208), known as the Volunteer Fire Company,

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Ambulance Service and Rescue Squad Assistance Act.

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The words "volunteer rescue service" shall have the same

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meaning given to it in section 3 of the act of July 15, 1976

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(P.L.1036, No.208), known as the Volunteer Fire Company,

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Ambulance Service and Rescue Squad Assistance Act.

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The words "volunteer ambulance service" shall have the same

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meaning given to it in section 3 of the act of July 15, 1976

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(P.L.1036, No.208), known as the Volunteer Fire Company,

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Ambulance Service and Rescue Squad Assistance Act.

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The words "veterans organization" shall have the same meaning

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given to it in section 3 of the act of December 19, 1988

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(P.L.1262, No.156), known as the Local Option Small Games of

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Chance Act.

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The words "religious organization" shall have the same

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meaning given to it in section 3 of the act of December 19, 1988

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(P.L.1262, No.156), known as the Local Option Small Games of

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Chance Act.

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The words "nonprofit athletic organization" shall mean a

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nonprofit organization for the promotion and encouragement of

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participation in and support for extracurricular recreational

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activities for primary and secondary school youth.

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The words "senior citizen center" shall mean a nonprofit

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organization or facility where senior citizens gather for

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recreation and socialization and where information, programs and

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services are delivered to senior citizens to enhance their

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social, emotional and physical well-being.

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Section 2.  This act shall take effect in 60 days.

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