Pennsylvania Act 1993-61 — LIQUOR CODE - AMEND SPECIAL OCCASION PERMITS

Act text

Session of 1993

No. 1993-61

AN ACT

HB 1281

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as reenacted, "An act relating to alcoholic liquors, alcohol and malt and brewed beverages; amending, revising, consolidating and changing the laws relating thereto; regulating and restricting the manufacture, purchase, sale, possession, consumption, importation, transportation, furnishing, holding in bond, holding in storage, traffic in and use of alcoholic liquors, alcohol and malt and brewed beverages and the persons engaged or employed therein; defining the powers and duties of the Pennsylvania Liquor Control Board; providing for the establishment and operation of State liquor stores, for the payment of certain license fees to the respective municipalities and townships, for the abatement of certain nuisances and, in certain cases, for search and seizure without warrant; prescribing penalties and forfeitures; providing for local option, and repealing existing laws," providing special occasion permits for fraternal benefit societies; and providing for legal opinions.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 102 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32, No.14), is amended by adding a definition to read:

Section 102. Definitions.--The following words or phrases, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

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"Fraternal benefit society" shall mean a society as defined in the act of December 14, 1992 (P.L.835, No.134), known as the "Fraternal Benefit Societies Code."

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Section 2. The act is amended by adding a section to read:

Section 211.1. Legal Opinions.--Upon written request by a licensee, the board or its counsel shall issue a legal opinion regarding any subject matter relating to this act or any regulation promulgated pursuant to it. This legal opinion shall be binding on the enforcement bureau.

Section 3. Section 408.4(a) of the act is amended to read:

Section 408.4. Special Occasion Permits.--(a) Upon application of any hospital, church, synagogue, volunteer fire company, volunteer ambulance company, volunteer rescue squad, bona fide sportsmen's club in existence for at least ten years, nationally chartered veterans' organization and any affiliated lodge or subdivision of such organization, fraternal benefit society that is licensed to do business in this Commonwealth and any affiliated lodge or subdivision of such fraternal benefit society, or the auxiliary of any of the foregoing, and upon payment of [a fee of fifteen dollars ($15) per day,] the prescribed fee for special occasion permits under section 614-A of the act of April 9, 1929 (P.L.177, No.175) , known as "The Administrative Code of 1929," the board shall issue a special occasion permit good for a period of not more than five consecutive or nonconsecutive days: Provided, however, That the five nonconsecutive days shall be used in a three-month period measured from the date of the first day. Special occasion permits may also be issued to a museum operated by a nonprofit corporation in a city of the third class or a nonprofit corporation engaged in the performing arts in a city of the third class for a period of not more than six nonconsecutive or ten consecutive days at [a fee of fifteen dollars ($15) per day.] the prescribed fee for special occasion permits under section 614-A of "The Administrative Code of 1929."

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Section 4. This act shall take effect immediately.

APPROVED--The 2nd day of July, A. D. 1993.

MARK L. SINGEL

ACTING GOVERNOR