Section 408.4. Special Occasion Permits.--
(a) ((a) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(a.1) ((a.1) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(b) ((b) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(c) ((c) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(d) ((d) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(d.1) ((d.1) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(d.2) ((d.2) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(e) ((e) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(e.1) ((e.1) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(f) ((f) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(g) ((g) deleted by amendment Dec. 9, 2002, P.L.1653, No.212)
(h) The board may issue a special occasion permit to an eligible entity. The board may also issue a special occasion permit to one auxiliary of any eligible entity. Any eligible entity that wishes to acquire a special occasion permit must submit a written application to the board in such form and containing such information as the board shall from time to time prescribe. The fee for special occasion permits shall be as set forth under section 614-A(24) of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."
(i) Only one special occasion permit shall be issued to each eligible entity per calendar year. Each permit may only be used for nine consecutive or nonconsecutive days and an additional ten consecutive days. ((i) amended Dec. 27, 2019, P.L.822, No.116)
(j) The eligible entity shall give the local police department or the Pennsylvania State Police if there is no local police department written notice at least forty-eight hours prior to each use of the special occasion permit. Written notice consists of notifying the police of the date, time and place of the impending sale of alcoholic beverages.
(k) Special occasion permit holders may sell alcoholic beverages during the same hours as restaurant liquor license holders. In addition, special occasion permit holders may sell any type of alcohol for consumption off the licensed premises.
(l) The issuance of a special occasion permit does not preclude the eligible entity from acquiring and retaining any other liquor license to which it may be entitled; however, the board shall not issue a special occasion permit for premises already licensed by the board unless the applicant owns the premises and is a volunteer fire company, volunteer rescue company or volunteer ambulance squad.
(m) The following apply:
(1) The purpose of a special occasion permit is to provide the eligible entity with a means of raising funds for itself. The permit may be used in conjunction with activities and events involving other entities; however, no one other than the holder of the special occasion permit may acquire a pecuniary interest in the permit.
(2) An entity operating in conjunction with a special occasion permit holder may collect and manage funds raised using a special occasion permit if:
(i) the special occasion permit holder is the primary host of the activity or event; and
(ii) the funds raised are used for the benefit of the special occasion permit holder.
((m) amended Dec. 27, 2019, P.L.822, No.116)
(n) The board may refuse to issue a special occasion permit if it finds that the applicant is not reputable or does not otherwise meet the requirements of this act. The right to refuse to issue a special occasion permit may be based in whole or in part on the applicant's prior operational history with either a special occasion permit or a license issued by the board.
(o) The holder of a special occasion permit is subject to the provisions of section 493(1).
(p) Notwithstanding any provision of law to the contrary, if the eligible entity is a regatta in a city of the second class held on the grounds of a State park, the regatta may install a security fence or similar enclosure around the boundary of the State park or a portion of the State park during the regatta and may charge an admittance fee not to exceed five dollars ($5) per day.
(q) ((q) expired January 1, 2007. See Act 85 of 2006.)
(r) Notwithstanding any provision of law to the contrary, the board may issue a special occasion permit to an eligible entity located in a dry municipality if the board is provided with a copy of a resolution adopted by the municipality's governing body confirming support for the issuance of the special occasion permit. ((r) added July 16, 2007, P.L.107, No.34)
(408.4 amended Dec. 9, 2002, P.L.1653, No.212)
Compiler's Note: See section 28 of Act 39 of 2016, which amended subsection (i), in the appendix to this act, for special provisions relating to the establishment of a Wine and Spirits Wholesale and Retail Privatization Commission.
Compiler's Note: Section 25 of Act 155 of 1998, which amended subsections (a) and (c), provided that the amendment shall apply to arts facilities or museums existing on the effective date Act 155.