§ 4-412. Public venue license
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: February 12, 2024
Effective: February 12, 2024
47 P.S. § 4-412
§ 4-412. Public venue license
(a) The board is authorized to issue a restaurant liquor license to public venues. Any facility licensed under former sections 408.1, 408.2, 408.5, 408.8, 408.9, 408.10, 408.11, 408.14, 408.15 and 433.11 as well as any facility that meets the definition of a public venue may apply for and receive a restaurant liquor license under this section. Facilities used primarily for interscholastic athletic events shall not be eligible for a license under this section. Racetracks and premises used primarily for holding automobile races shall also not be eligible for a license under this section.
(b) An application for a restaurant liquor license under this section may be made by the owner of the public venue, the operator of the public venue or by a concessionaire designated by the governing body of either the owner of the public venue or the operator. The application and issuance of the license is subject to sections 403 and 4042 unless otherwise stated. The licensing period shall be as set forth by the board under section 402.3 The application, renewal and filing fees shall be as prescribed in section 614-A(25) of the act of April 9, 1929 (P.L. 177, No. 175),4 known as “The Administrative Code of 1929.”
(d) Licenses under this section shall expire upon: (1) revocation by an administrative law judge under section 471;5 (2) nonrenewal by the board under section 470;6 (3) nonrenewal of the license by the license holder; (4) termination of the contract between the owner of the public venue and its concessionaire; or (5) termination of the contract between an operator and its concessionaire.
(e) The board may issue a license under this section at any time to a new applicant even if the previous license had: (1) been revoked by an administrative law judge under section 471; (2) not been renewed by the board under section 470; (3) not been renewed by the license holder; (4) expired because of the termination of the contract between the owner of the public venue and its concessionaire; or (5) expired because of the termination of the contract between an operator and its concessionaire.
(1) Sales may only be made one hour before, during and one hour after any athletic performance, performing arts event, trade show, convention, banquet or any other performance at the facility; however, sales may not be made from two o'clock antemeridian to seven o'clock antemeridian. In addition, sales may not occur prior to eleven o'clock antemeridian on Sundays or seven o'clock antemeridian on Mondays. Notwithstanding this section:
(i) Facilities that had been licensed under former sections 408.9 and 408.14 may sell liquor and/or malt or brewed beverages anytime except from two o'clock antemeridian to seven o'clock antemeridian or prior to eleven o'clock antemeridian on Sundays or seven o'clock antemeridian on Mondays, regardless of whether there is a performance at the facility.
(2) Sales of alcoholic beverages before, during and after professional and amateur athletic events, performing arts events or other entertainment events may consist of liquor or malt or brewed beverages in shatterproof containers. Sales during trade shows, conventions, banquets or at other events, or sales made in the club seats or at a restaurant facility, may consist of liquor or malt or brewed beverages in any type of container; however, any liquor or malt or brewed beverages sold in the club seats or restaurant facility must remain in the club seating level or restaurant facility. For purposes of this section, a club seat is any seating located on the designated club seating level and partitioned from general seating by a wall, divider, partial wall or railing. The club seating level must not be accessible by the general public. Sales at zoos during private banquets and other events may be at any site within zoo property and may consist of any type of alcohol in any type of container. The board's records shall clearly delineate where the sale of liquor or malt or brewed beverages in any type of container may occur.
(4) Licenses issued under this section shall not be subject to: (i) the proximity provisions of sections 402 and 404; (ii) the quota restrictions of section 461;7 (iv)8 the provisions of section 493(10)9 except as they relate to lewd, immoral or improper entertainment; (v) the prohibition against minors frequenting as described in section 493(14) and (vi) the cost and total display area limitations of section 493(20)(i). In addition, licenses issued under this section shall not be subject to the provisions defining “restaurant” in section 102.10
(g) The board may issue multiple licenses under this section for use in a public venue with permanent seating of at least thirty-five thousand people. If the board does issue more than one license for a specific public venue, written notice of the event must be provided to the enforcement bureau at least forty-eight hours in advance of the dispensing of any liquor or malt or brewed beverages. The notice shall include the date, time and specific licensed areas to be used. No more than one license issued under this section shall be in effect at any location at any time of day at the same time.
(h) An amusement park that holds a restaurant license before January 1, 2022, and seeks to obtain a public venue license shall exchange one existing restaurant license to the board in return for a public venue license at no cost. A restaurant license exchanged under this subsection shall be subject to a license auction under section 470.3.11
(i) An amusement park that holds a public venue license shall utilize a transaction scan device to verify the age of an individual who appears to be under thirty-five years of age before making a sale of liquor and malt or brewed beverages, however, an acceptable form of identification under section 495(a)12 that cannot be scanned may be accepted by the licensee. An amusement park may not sell or share data from the use of a transaction scan device, provided that the licensee may use the data to show the enforcement bureau of the board that the licensee is in compliance with this act. As used in this subsection, the term “transaction scan device” means a device capable of deciphering, in an electronically readable format, the information encoded on the magnetic strip or bar code of an identification card under section 495(a).
(j) As used in this section, the term “amusement park” shall have the same meaning as defined in section 2 of the act of June 18, 1984 (P.L. 384, No. 81),13 known as the “Amusement Ride Inspection Act.”
Credits
1951, April 12, P.L. 90, No. 21, § 412, added 2000, Dec. 20, P.L. 992, No. 141, § 7, effective in 60 days. Amended 2002, Feb. 21, P.L. 103, No. 10, § 6, imd. effective; 2002, Dec. 9, P.L. 1653, No. 212, § 10, imd. effective; 2011, Dec. 22, P.L. 530, No. 113, § 5, effective in 60 days [Feb. 21, 2012]; 2016, Nov. 15, P.L. 1286, No. 166, § 8, effective in 60 days [Jan. 17, 2017]; 2023, Dec. 14, P.L. 414, No. 49, § 3, effective in 60 days [Feb. 12, 2024].
Footnotes
47 P.S. §§ 4-408.1 et seq., 4-433.1.
47 P.S. §§ 4-403, 4-404.
47 P.S. § 4-402.
7 P.S. § 240.16A.
47 P.S. § 4-471.
47 P.S. § 4-470.
47 P.S. § 4-461.
So in enrolled bill; cl. (iii) deleted.
47 P.S. § 4-493.
47 P.S. § 1-102.
47 P.S. § 4-470.3.
47 P.S. § 4-495.
4 P.S. § 402.
47 P.S. § 4-412, PA ST 47 P.S. § 4-412
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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