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| PRIOR PRINTER'S NO. 1686 | PRINTER'S NO. 1857 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATERS, V. BROWN, MURT, SANTONI, BISHOP, CALTAGIRONE, CLYMER, D. COSTA, DONATUCCI, FABRIZIO, JOSEPHS, SABATINA, STURLA AND SWANGER, APRIL 28, 2011 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 11, 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," |
17 | further providing for definitions and for responsible alcohol | <-- |
18 | management. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 471.1 of the act of April 12, 1951 (P.L. | <-- |
22 | 90, No.21), known as the Liquor Code, reenacted and amended June |
23 | 29, 1987 (P.L.32, No.14), is amended by adding a subsection to |
24 | read: |
25 | Section 1. The definition of "eligible entity" in section | <-- |
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1 | 102 of the act of April 12, 1951 (P.L.90, No.21), known as the |
2 | Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14) |
3 | and amended June 25, 2010 (P.L.217, No.35), is amended to read: |
4 | Section 102. Definitions.--The following words or phrases, |
5 | unless the context clearly indicates otherwise, shall have the |
6 | meanings ascribed to them in this section: |
7 | * * * |
8 | "Eligible entity" shall mean a city of the third class, a |
9 | hospital, a church, a synagogue, a volunteer fire company, a |
10 | volunteer ambulance company, a volunteer rescue squad, a unit of |
11 | a nationally chartered club which has been issued a club liquor |
12 | license, a club in a city of the third class which has been |
13 | issued a club liquor license and which, as of December 31, 2002, |
14 | has been in existence for at least 100 years, a library, a |
15 | nationally accredited Pennsylvania nonprofit zoological |
16 | institution licensed by the United States Department of |
17 | Agriculture, a nonprofit agricultural association in existence |
18 | for at least ten years, a bona fide sportsmen's club in |
19 | existence for at least ten years, a nationally chartered |
20 | veterans' organization and any affiliated lodge or subdivision |
21 | of such organization, a fraternal benefit society that is |
22 | licensed to do business in this Commonwealth and any affiliated |
23 | lodge or subdivision of such fraternal benefit society, a museum |
24 | operated by a nonprofit corporation in a city of the third class |
25 | or township of the first class, a nonprofit corporation engaged |
26 | in the performing arts in a city of the third class, borough or |
27 | in an incorporated town, an arts council, a nonprofit |
28 | corporation that operates an arts facility or museum in a city |
29 | of the third class in the county of the fourth class, a |
30 | nonprofit organization as defined under section 501(c)(3) of the |
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1 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
2 | 501(c)(3)) whose purpose is to protect the architectural |
3 | heritage of boroughs or a township of the second class and which |
4 | has been recognized as such by a municipal resolution, a |
5 | nonprofit organization as defined under section 501(c)(3) of the |
6 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
7 | 501(c)(3)) conducting a regatta in a city of the second class |
8 | with the permit to be used on State park grounds or conducting a |
9 | family-oriented celebration as part of Welcome America in a city |
10 | of the first class on property leased from that city for more |
11 | than fifty years, a nonprofit organization as defined under |
12 | section 501(c)(3) of the Internal Revenue Code of 1986 (26 |
13 | U.S.C. § 501(c)(3)) whose purpose is to raise funds for the |
14 | research and treatment of cystic fibrosis, a nonprofit |
15 | organization as defined under section 501(c)(3) of the Internal |
16 | Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) whose purpose is to |
17 | educate the public on issues dealing with watershed |
18 | conservation, a nonprofit organization as defined under section |
19 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
20 | 99-514, 26 U.S.C. § 501(c)(3)) whose purpose is to provide |
21 | equine assisted activities for children and adults with special |
22 | needs, a nonprofit economic development agency in a city of the |
23 | second class with the primary function to serve as an economic |
24 | generator for the greater southwestern Pennsylvania region by |
25 | attracting and supporting film, television and related media |
26 | industry projects and coordinating government and business |
27 | offices in support of a production, a county tourist promotion |
28 | agency as defined in section 3(1) of the act of April 28, 1961 |
29 | (P.L.111, No.50), known as the "Tourist Promotion Law," and |
30 | located in a city of the third class in a county of the fourth |
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1 | class or located in a township of the second class in a county |
2 | of the fifth class, a junior league in a third class county that |
3 | is a nonprofit organization as defined under section 501(c)(3) |
4 | of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) |
5 | that is comprised of women whose purpose is exclusively |
6 | educational and charitable in promoting the volunteerism of |
7 | women and developing and participating in community projects and |
8 | that has been in existence for over seventy years, a nonprofit |
9 | organization as defined under section 501(c)(3) of the Internal |
10 | Revenue Code of 1986 which is located in counties of the second |
11 | class A or of the third class and whose purpose is the education |
12 | and promotion of American history, a nonprofit organization as |
13 | defined under section 501(c)(6) of the Internal Revenue Code of |
14 | 1986 which is located in a city of the third class in a county |
15 | of the third class and whose purpose is to support business and |
16 | industry, a brewery which has been issued a license to |
17 | manufacture malt or brewed beverages and has been in existence |
18 | for at least 100 years or a club recognized by Rotary |
19 | International which is located in a county of the fourth class |
20 | and whose purpose is to provide service to others, to promote |
21 | high ethical standards and to advance world understanding, |
22 | goodwill and peace through its fellowship of business, |
23 | professional and community leaders or a nonprofit organization |
24 | as defined under section 501(c)(3) of the Internal Revenue Code |
25 | of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) which is |
26 | located in a borough in a county of the third class and whose |
27 | purpose is to promote mushrooms while supporting local and |
28 | regional charities, or a nonprofit social service organization |
29 | as defined under section 503(c)(3) of the Internal Revenue Code |
30 | of 1986 which is located in a county of the third class and |
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1 | whose purpose is to serve individuals and families of |
2 | northeastern Berks County. |
3 | * * * |
4 | Section 2. Section 471.1 of the act, added December 20, 2000 |
5 | (P.L.992, No.141), is amended by adding a subsection to read: |
6 | Section 471.1. Responsible Alcohol Management.--* * * |
7 | (g) Unless successfully completed prior to appointment, a |
8 | manager appointed by any restaurant, eating place retail |
9 | dispenser, hotel, club or distributor licensee shall be required |
10 | to complete the manager/owner training under subsection (c) |
11 | within one hundred eighty days of approval of appointment by the |
12 | board. |
13 | Section 2 3. The addition of section 471.1(g) of the act | <-- |
14 | shall apply to the appointment of managers made pursuant to |
15 | applications for appointment, license transfer and applications |
16 | for new licenses filed with the Pennsylvania Liquor Control |
17 | Board after the effective date of this section. |
18 | Section 3 4. This act shall take effect in 60 days. | <-- |
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