62 Pa.C.S. Ch. 43

62 Pa.C.S. § 4301 Short title of chapter and general provisions.

(a) Short title.--This chapter shall be known and may be cited as the Public Facilities Concession Regulation Act. (b) Legislative findings.--It is hereby determined by the General Assembly to reaffirm the legislative findings contained in the act of November 26, 1978 (P.L.1303, No.315), known as the Public Facilities Concession Regulation Act, and codified in this chapter: (1) It is and has been the policy of this Commonwealth to require and encourage public agencies to own and operate a variety of public facilities for the conduct of public business and for the health, education, protection, transportation, recreation, entertainment and cultural advancement of the people of this Commonwealth. (2) It is and has been the policy of this Commonwealth to promote the public welfare by permitting the operation, within these public facilities, of various concessions to provide goods and services to the public. (3) Due to the nature, configuration and location of many public facilities, members of the public utilizing the facilities must either patronize the concessionaires operating therein or undergo great expense, inconvenience and hardship. (4) The general welfare of the people of this Commonwealth requires that concessionaires operating in public facilities offer to the public goods and services of good quality at reasonable prices. The General Assembly therefore declares it to be the policy of this Commonwealth that all public officers and agencies should, at all times, make efforts to see that concessionaires in public facilities provide goods and services of high quality at reasonable prices in order to protect the public and encourage use of public facilities. (c) Police power.--This chapter shall be deemed to be an exercise of the police powers of this Commonwealth for the protection of the health, safety and general welfare of the people of this Commonwealth. (d) Purpose of chapter.--This chapter is intended as remedial legislation designed to promote the general welfare, protect the public and encourage full and proper use of public facilities. Each provision of this chapter is intended to receive a liberal construction as will best effectuate those purposes, and no provision is intended to receive a strict or limited construction. (e) Certain rights preserved.--This chapter is not intended to limit or deny any other rights previously enjoyed by any government agency. References in Text. The act of November 26, 1978 (P.L.1303, No.315), known as the Public Facilities Concession Regulation Act, referred to in subsec. (b), was repealed by the act of May 15, 1998 (P.L.358, No.57). The subject matter is now contained in Chapter 43 of this title.

62 Pa.C.S. § 4302 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Public facility." Any building, airport, school, park, hospital or other structure, grounds or place owned or operated by a government agency, whether for governmental or proprietary use.

62 Pa.C.S. § 4303 Terms of contracts.

(a) General rule.--Each government agency shall require that every contract granting any concession, license, permit or right to sell, lease, contract for or otherwise make available for consideration goods or services to the public in any public facility contains provisions giving the government agency the right to regulate the kinds, quality and prices of the goods and services upon terms and conditions as may be appropriate. (b) Exceptions.--This section is not intended to apply in any of the following cases: (1) Where the right to regulate price or quality is vested exclusively in or has been preempted by the United States or any of its agencies or another government agency. (2) Where the head of the government agency determines in writing that the retention of the right to regulate is not necessary to protect the general welfare.