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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KASUNIC, ALLOWAY, BOSCOLA, COSTA, EARLL, FARNESE, FOLMER, FONTANA, GREENLEAF, MELLOW, MUSTO, RAFFERTY, STOUT, TARTAGLIONE, WARD, WASHINGTON AND D. WHITE, MAY 5, 2009 |
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| REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 5, 2009 |
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| AN ACT |
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1 | Amending the act of May 23, 1945 (P.L.926, No.369), entitled, as |
2 | amended, "An act for the protection of the public health by |
3 | regulating the conduct and operation of public eating and |
4 | drinking places within this Commonwealth; requiring their |
5 | licensing; imposing certain duties on the Department of |
6 | Agriculture of this Commonwealth and on the local health |
7 | authorities; and providing penalties," further providing for |
8 | definitions. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 1 of the act of May 23, 1945 (P.L.926, |
12 | No.369), referred to as the Public Eating and Drinking Place |
13 | Law, amended December 9, 2002, (P.L.1421, No.179), is amended to |
14 | read: |
15 | Section 1. Definitions.--"Department" shall mean the |
16 | Department of Agriculture of the Commonwealth. |
17 | The words "public eating or drinking place" shall mean any |
18 | place within this Commonwealth where food or drink is served to |
19 | or provided for the public, with or without charge: Provided, |
20 | however, That nothing herein contained shall apply to dining |
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1 | cars operated by a railroad company in interstate commerce [or] |
2 | a bed and breakfast homestead or inn, or a facility owned or |
3 | operated by a nonprofit corporation that serves or provides to |
4 | the public food or drink with or without charge, which is used |
5 | for the purpose of raising funds for the nonprofit corporation. |
6 | The word "proprietor" shall mean any person, partnership, |
7 | association or corporation, conducting or operating within this |
8 | Commonwealth, a public eating or drinking place. |
9 | The word "employe" shall include any cook, waiter, kitchen |
10 | help, chambermaid, house servant or other employe of any kind in |
11 | a public eating or drinking place, who in any manner whatever, |
12 | handles or comes in contact with any food or drink served to or |
13 | provided for the public, and the proprietor or any member of the |
14 | proprietor's family who handles said food or drink. |
15 | "License" shall mean a grant to a licensee to conduct a |
16 | restaurant, as defined in this act. |
17 | "Licensor" shall mean the county department of health or |
18 | joint-county department of health, whenever such public eating |
19 | or drinking place is located in a political subdivision which is |
20 | under the jurisdiction of a county department of health or |
21 | joint-county department of health, or the health authorities of |
22 | cities, boroughs, incorporated towns and first-class townships, |
23 | whenever such public eating or drinking place is located in a |
24 | city, borough, incorporated town or first-class township not |
25 | under the jurisdiction of a county department of health or |
26 | joint-county department of health, or the health authorities of |
27 | second class townships and second class townships which have |
28 | adopted a home rule charter which elect to issue licenses under |
29 | the provisions of this act whenever such public eating and |
30 | drinking place is located in such a second class township or |
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1 | second class township which has adopted a home rule charter not |
2 | under the jurisdiction of a county department of health or |
3 | joint-county department of health, or the Department of |
4 | Agriculture, whenever such public eating or drinking place is |
5 | located in any other area of the Commonwealth. |
6 | The words "bed and breakfast homestead or inn" shall mean a |
7 | private residence which contains ten or fewer bedrooms used for |
8 | providing overnight accommodations to the public and in which |
9 | breakfast is the only meal served and is included in the charge |
10 | for the room. |
11 | The words "nonprofit corporation" shall mean a volunteer fire |
12 | company, a volunteer rescue service, a volunteer ambulance |
13 | service, a veteran's organization, a religious organization, a |
14 | nonprofit athletic organization or a senior citizen center. |
15 | The words "volunteer fire company" shall have the same |
16 | meaning given to it in section 3 of the act of July 15, 1976 |
17 | (P.L.1036, No.208), known as the Volunteer Fire Company, |
18 | Ambulance Service and Rescue Squad Assistance Act. |
19 | The words "volunteer rescue service" shall have the same |
20 | meaning given to it in section 3 of the act of July 15, 1976 |
21 | (P.L.1036, No.208), known as the Volunteer Fire Company, |
22 | Ambulance Service and Rescue Squad Assistance Act. |
23 | The words "volunteer ambulance service" shall have the same |
24 | meaning given to it in section 3 of the act of July 15, 1976 |
25 | (P.L.1036, No.208), known as the Volunteer Fire Company, |
26 | Ambulance Service and Rescue Squad Assistance Act. |
27 | The words "veterans organization" shall have the same meaning |
28 | given to it in section 3 of the act of December 19, 1988 |
29 | (P.L.1262, No.156), known as the Local Option Small Games of |
30 | Chance Act. |
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1 | The words "religious organization" shall have the same |
2 | meaning given to it in section 3 of the act of December 19, 1988 |
3 | (P.L.1262, No.156), known as the Local Option Small Games of |
4 | Chance Act. |
5 | The words "nonprofit athletic organization" shall mean a |
6 | nonprofit organization for the promotion and encouragement of |
7 | participation in and support for extracurricular recreational |
8 | activities for primary and secondary school youth. |
9 | The words "senior citizen center" shall mean a nonprofit |
10 | organization or facility where senior citizens gather for |
11 | recreation and socialization and where information, programs and |
12 | services are delivered to senior citizens to enhance their |
13 | social, emotional and physical well-being. |
14 | Section 2. This act shall take effect in 60 days. |
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