H1547B2008A02214 BIL:NLG 06/22/17 #90 A02214
AMENDMENTS TO HOUSE BILL NO. 1547
Sponsor: REPRESENTATIVE DONATUCCI
Printer's No. 2008
Amend Bill, page 3, line 9, by inserting after "investigate"
compliance
Amend Bill, page 3, line 9, by inserting after "any"
and all
Amend Bill, page 5, line 12, by inserting a bracket before
"The"
Amend Bill, page 5, line 12, by inserting after "The"
] All appeals under this section shall be governed by 42
Pa.C.S. § 761 (relating to original jurisdiction), and the
Amend Bill, page 5, line 23, by striking out "declared" and
inserting
requested
Amend Bill, page 5, lines 27 through 30; page 6, lines 1
through 3; by striking out all of said lines on said pages and
inserting
(b) Prior to filing a request for declaration, the governing
body shall hold at least one public hearing for the purpose of
receiving comments and recommendations from individuals residing
in that county concerning the intent to designate the county as
a county of need.
(c) The governing body shall file a petition with the board
requesting that the board issue a declaration of need to a
county. The county shall submit with the petition:
(1) An ordinance or resolution that states:
(i) the reasoning for the request; and
(ii) a belief that the county has exhausted all available
licenses under section 470.3.
(2) Evidence as required under 40 Pa. Code § 3.105 (relating
to quarterly filing of applications and application hearings),
establishing that a lack of reasonable means for obtaining a
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suitable license within the county exists.
(3) Identification of a publication of general circulation
in the county to be used to provide public notice in accordance
with 65 Pa.C.S. Ch. 7 (relating to open meetings) of the
required public hearing.
Amend Bill, page 6, line 4, by striking out "(c)" and
inserting
(d)
Amend Bill, page 11, line 1, by inserting a bracket before
"Such"
Amend Bill, page 11, line 3, by inserting after "action)."
] All appeals under this section shall be governed by 42
Pa.C.S. § 761 (relating to original jurisdiction).
Amend Bill, page 11, lines 5 through 30; page 12, lines 1
through 6; by striking out "The board may," in line 5, all of
lines 6 through 30 on page 11 and all of lines 1 through 6 on
page 12 and inserting
The director of the Bureau of Licensing, in cooperation with
the governing body of a municipality, or a municipality may
request that an area within a zip code be designated a saturated
nuisance market and shall file a petition with the board
requesting approval. The municipality shall file the following
with the petition:
(1) A list of all licensed establishments that will be
included in the proposed saturated nuisance market.
(2) The resolution adopted by the municipality that:
(i) confirms the municipality's support of the petition; and
(ii) states the municipality's basis for the request.
(3) A complete written description of the boundary lines for
the proposed area to be designated a saturated nuisance market.
(4) One copy of a geographical map, the minimum size of
which is thirty-six inches by thirty-six inches, including the
designated boundary lines requested for the proposed saturated
nuisance market.
(5) Three copies of a geographical map, the main size of
which shall be eight and one-half inches by eleven and one-half
inches.
(6) Identification of a proposed location within the
proposed area to be used by the board to hold the required
public hearing within the boundaries of the proposed saturated
nuisance market.
(7) Identification of a publication of general circulation
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in the county to be used to provide public notice in accordance
with 65 Pa.C.S. Ch. 7 (relating to open meetings) of the
required public hearing.
(b) A date for a public hearing shall be set and public
notice given in advance of the hearing. The hearing must comply
with all notice, recording and public participation requirements
of 65 Pa.C.S. Ch. 7.
(c) Within ninety days after receipt of the petition, the
board shall either approve or disapprove the petition for
designation of a saturated nuisance market. The board shall make
the determination based on the following:
(1) Testimony received at the public hearing required in
subsection (a)(6).
(2) Written testimony received from the residents of the
proposed area.
(3) Written testimony received from the local law
enforcement officers.
(4) Written testimony received from any licensee located in
the proposed area.
(d) The board may request additional information as needed
from the governing body, local law enforcement officers, the
enforcement bureau, the Bureau of Licensing and licensees in
making a determination and may further evaluate the following:
(1) The number of licenses that have been subject to
objections to renewal, nonrenewal or revocation under this act
within the proposed area in the preceding renewal period.
(2) The total number of citations issued against all
licenses within the proposed area in the preceding renewal
period.
(3) The total number and content of conditional licensing
agreements entered into within the proposed area.
(e) The board may place additional conditions on the
petition's approval, including a further limitation of the
proposed designated boundaries of the area and any other
condition the board deems appropriate.
(f) A municipality may rescind the designation of a
saturated nuisance market at any time. The notice to rescind
must be accompanied by an ordinance or resolution authorizing
the recession. A recession of an existing designation of a
saturated nuisance market that does not rescind the entire area
shall be treated as a new petition under this section.
(g) A licensee located in a proposed area shall have the
right to appeal to the Commonwealth Court within thirty days of
a decision by the board to designate an area a saturated
nuisance market. The appeal shall be limited to a determination
as to whether or not the designation is substantiated by the
evidence obtained by the board in its evaluation.
Amend Bill, page 12, line 7, by striking out "(d)" and
inserting
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(h)
Amend Bill, page 12, line 12, by striking out "liquor.
Liquor" and inserting
alcohol. Alcohol
Amend Bill, page 12, line 24, by inserting after
"application"
for a restaurant or eating place license
Amend Bill, page 12, line 24, by inserting after "404"
or 432
Amend Bill, page 13, line 4, by inserting after "a"
restaurant or eating place
Amend Bill, page 13, line 5, by inserting after "404"
or 432
Amend Bill, page 13, line 7, by striking out "in the affected
jurisdiction" and inserting
within the saturated nuisance market
Amend Bill, page 13, line 8, by inserting after "agency"
and governing body
Amend Bill, page 13, line 10, by inserting after "license."
The board may issue subpoenas to a local law enforcement
agency as needed to obtain further information prior to the
approval of the transfer.
(6) Notwithstanding the provisions of 4 Pa.C.S. (relating to
amusements) or any other gaming law, a licensee under this
section shall not be permitted to operate any form of gaming
except that authorized by the act of August 26, 1971 (P.L.351,
No.91), known as the State Lottery Law, or the act of December
19, 1988 (P.L.1262, No.156), known as the Local Option Small
Games of Chance Act.
Amend Bill, page 13, line 11, by striking out "(e)" and
inserting
(i)
Amend Bill, page 13, line 14, by inserting after "bureau"
to be adjudicated by an administrative law judge
Amend Bill, page 13, line 19, by striking out "(f)" and
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inserting
(j)
Amend Bill, page 14, line 3, by striking out "(g)" and
inserting
(k)
Amend Bill, page 14, line 5, by striking out "(b)" and
inserting
(d)
Amend Bill, page 14, line 12, by striking out "(H)" and
inserting
(l)
Amend Bill, page 14, line 12, by striking out "A" and
inserting
an annual
Amend Bill, page 15, line 9, by striking out "(I)" and
inserting
(m)
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