SENATE AMENDED PRIOR PRINTER'S NOS. 257, 1120, 1161, PRINTER'S NO. 2908 1639, 1649
No. 224 Session of 1983
INTRODUCED BY O'DONNELL, WAMBACH, ALDERETTE, HALUSKA, MICOZZIE, WOGAN, COY, KOSINSKI, STUBAN, PERZEL, VAN HORNE, PISTELLA, FARGO, VROON, CLYMER, LAUGHLIN, MILLER, CIVERA, FREIND, PRESTON, HARPER, MAYERNIK, JOHNSON, McINTYRE, MRKONIC, WESTON, WIGGINS, EVANS, CARN AND LEVIN, FEBRUARY 15, 1983
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 7, 1984
AN ACT 1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An 2 act relating to alcoholic liquors, alcohol and malt and 3 brewed beverages; amending, revising, consolidating and 4 changing the laws relating thereto; regulating and 5 restricting the manufacture, purchase, sale, possession, 6 consumption, importation, transportation, furnishing, holding 7 in bond, holding in storage, traffic in and use of alcoholic 8 liquors, alcohol and malt and brewed beverages and the 9 persons engaged or employed therein; defining the powers and 10 duties of the Pennsylvania Liquor Control Board; providing 11 for the establishment and operation of State liquor stores, 12 for the payment of certain license fees to the respective 13 municipalities and townships, for the abatement of certain 14 nuisances and, in certain cases, for search and seizure 15 without warrant; prescribing penalties and forfeitures; 16 providing for local option, and repealing existing laws," 17 further providing for hearings on applications for new hotel 18 and restaurant liquor licenses and the issuance of such 19 licenses and for the surrender of club licenses; and 20 requiring notices to certain municipalities. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 Section 1. Section 402 of the act of April 12, 1951 (P.L.90, 24 No.21), known as the Liquor Code, is amended to read:
1 Section 402. License Districts; License Year; Hearings.--(a) 2 The board shall, by regulation, divide the State into convenient 3 license districts and shall hold hearings on applications for 4 licenses and renewals thereof, as it deems necessary, at a 5 convenient place or places in each of said districts, at such 6 times as it shall fix, by regulation, BUT IN NO EVENT MORE THAN <-- 7 THIRTY DAYS AFTER THE DATE OF RECEIPT OF THE APPLICATION BY THE 8 BOARD, for the purpose of hearing testimony for and against 9 applications for new licenses and renewals thereof. THE BOARD <-- 10 SHALL ACT UPON ALL APPLICATIONS FOR LICENSES AND RENEWALS 11 THEREOF WITHIN SIXTY DAYS AFTER THE DATE OF RECEIPT THEREOF BY 12 THE BOARD. SHOULD THE BOARD FAIL TO ACT WITHIN SUCH SIXTY-DAY <-- 13 PERIOD, THE APPLICATION FOR LICENSE OR RENEWAL SHALL BE DEEMED 14 TO HAVE BEEN APPROVED. The board may provide for the holding of 15 such hearings by examiners learned in the law, to be appointed 16 by the Governor, who shall not be subject to the "Civil Service 17 Act." Such examiners shall make report to the board in each case 18 with their recommendations. The board shall, by regulation, fix 19 the license year for each separate district so that the 20 expiration dates shall be uniform in each of the several 21 districts but staggered as to the State. 22 (b) Where a hearing is held in the case of an application 23 for a new hotel or restaurant liquor license or an application 24 for the transfer of a hotel or restaurant liquor license or when 25 the board is considering the renewal, suspension or revocation 26 of a license after the premises have been cited as AND FOUND TO <-- 27 BE a public nuisance BY A COURT OF COMPETENT JURISDICTION <-- 28 pursuant to section 611, the board shall permit inhabitants of <-- 29 the neighborhood within a radius of one thousand feet of the 30 place proposed to be licensed to testify at the hearings. The 19830H0224B2908 - 2 -
1 board and any hearing officer thereof shall give substantial 2 weight to any testimony of such inhabitants given in connection 3 with a public hearing. Decisions on applications shall conform 4 to the preponderance of the evidence presented. INHABITANTS OF <-- 5 THE MUNICIPALITY WITHIN WHICH THE PREMISES IS LOCATED WHO RESIDE 6 WITHIN ONE THOUSAND FIVE HUNDRED FEET OF THE PLACE PROPOSED TO <-- 7 BE LICENSED TO TESTIFY AT THE HEARING. WHEN THE PLACE PROPOSED 8 TO BE LICENSED IS LOCATED ON THE BORDER OF TWO MUNICIPALITIES, 9 THE BOARD SHALL PERMIT INHABITANTS OF THE BORDERING MUNICIPALITY 10 WHO RESIDE WITHIN FIVE HUNDRED FEET OF THE PLACE PROPOSED TO BE 11 LICENSED TO TESTIFY AT THE HEARING. 12 Section 2. Section 403(g) of the act, amended November 19, 13 1959 (P.L.1546, No.553), is amended to read: 14 Section 403. Applications for Hotel, Restaurant and Club 15 Liquor Licenses.--* * * 16 (g) Every applicant for a new license or for the transfer of 17 an existing license to another premises not then licensed shall 18 post, for a period of at least fifteen days beginning with the 19 day the application is filed with the board, in a conspicuous 20 place on the outside of the premises or at the proposed new 21 location for which the license is applied, a notice of such 22 application, in such form, of such size, and containing such 23 provisions as the board may require by its regulations. 24 Simultaneous with posting of the notice of such application, the 25 applicant shall send notice of the application to the governing 26 body of the municipality in which the premises or proposed new 27 location is located by certified mail, return receipt requested. 28 Proof of the posting of such notice and mailing of notice to the 29 municipality shall be filed with the board. Notwithstanding any 30 other provision of law, the board shall take no action on an 19830H0224B2908 - 3 -
1 application until at least fifteen days have elapsed from the 2 date of receipt of notice by the municipality. 3 * * * 4 Section 3. Section 404 of the act, amended September 2, 1971 <-- 5 (P.L.429, No.103), is amended to read: 6 Section 404. Issuance of Hotel, Restaurant and Club Liquor 7 Licenses.--Upon receipt of the application, the proper fees and 8 bond, and upon being satisfied of the truth of the statements in 9 the application that the applicant is the only person in any 10 manner pecuniarily interested in the business so asked to be 11 licensed and that no other person will be in any manner 12 pecuniarily interested therein during the continuance of the 13 license, except as hereinafter permitted, and that the applicant 14 is a person of good repute, that the premises applied for meet 15 all the requirements of this act and the regulations of the 16 board, that the applicant seeks a license for a hotel, 17 restaurant or club, as defined in this act, and that the 18 issuance of such license is not prohibited by any of the 19 provisions of this act, the board shall, in the case of a hotel 20 or restaurant, grant and issue to the applicant a liquor 21 license, and in the case of a club may, in its discretion, issue 22 or refuse a license: Provided, however, That in the case of any 23 new license or the transfer of any license to a new location the 24 board may, in its discretion, grant or refuse such new license 25 or transfer if such place proposed to be licensed is within 26 three hundred feet of any church, hospital, charitable 27 institution, school, or public playground, or if such new 28 license or transfer is applied for a place which is within two 29 hundred feet of any other premises which is licensed by the 30 board, or if such new license or transfer is applied for a place 19830H0224B2908 - 4 -
1 where the principal business is the sale of liquid fuels and 2 oil: And provided further, That the board shall refuse any 3 application for a new license or the transfer of any license to 4 a new location if, in the board's opinion, such new license or 5 transfer would be detrimental to the welfare, health, peace and 6 morals of the inhabitants of the neighborhood within a radius of 7 [five hundred] one thousand feet of the place proposed to be 8 licensed: And provided further, That the board shall not issue 9 new licenses in any license district more than twice each 10 license year, effective from specific dates fixed by the board, 11 and new licenses shall not be granted, except for hotels as 12 defined in this act, unless the application therefor shall have 13 been filed at least thirty days before the effective date of the 14 license: And provided further, That nothing herein contained 15 shall prohibit the board from issuing a new license for the 16 balance of any unexpired term in any license district to any 17 applicant in such district, who shall have become eligible to 18 hold such license as the result of legislative enactment, when 19 such enactment shall have taken place during the license term of 20 that district for which application is made or within the thirty 21 days immediately preceding such term, nor shall anything herein 22 contained prohibit the board from issuing at any time a new 23 license for an airport restaurant, or municipal golf course, as 24 defined in section 461 of this act, for the balance of the 25 unexpired license term in any license district: And provided 26 further, That the board shall have the discretion to refuse a 27 license to any person or to any corporation, partnership or 28 association if such person, or any officer or director of such 29 corporation, or any member or partner of such partnership or 30 association shall have been convicted or found guilty of a 19830H0224B2908 - 5 -
1 felony within a period of five years immediately preceding the 2 date of application for the said license. 3 Section 4 SECTION 3. Section 471 of the act, amended January <-- 4 13, 1966 (1965 P.L.1301, No.518) and repealed in part June 3, 5 1971 (P.L.118, No.6), is amended to read: 6 Section 471. Revocation and Suspension of Licenses; Fines.-- 7 (a) Upon learning of any violation of this act or any laws of 8 this Commonwealth relating to liquor, alcohol or malt or brewed 9 beverages, or of any regulations of the board adopted pursuant 10 to such laws, of any violation of any laws of this Commonwealth 11 or of the United States of America relating to the tax-payment 12 of liquor or malt or brewed beverages by any licensee within the 13 scope of this article, his officers, servants, agents or 14 employes, or upon any other sufficient cause shown, the board 15 may, within one year from the date of such violation or cause 16 appearing, cite such licensee to appear before it or its 17 examiner, not less than ten nor more than sixty days from the 18 date of sending such licensee, by registered mail, a notice 19 addressed to him at his licensed premises, to show cause why 20 such license should not be suspended or revoked or a fine 21 imposed. The board shall also send a copy of the hearing notice 22 to the municipality in which the premises is located. 23 (b) Hearings on such citations shall be held in the same 24 manner as provided herein for hearings on applications for 25 license. Upon such hearing, if satisfied that any such violation 26 has occurred or for other sufficient cause, the board shall 27 immediately suspend or revoke the license, or impose a fine of 28 not less than fifty dollars ($50) nor more than one thousand 29 dollars ($1,000), notifying the licensee by registered letter 30 addressed to his licensed premises. In the event the fine is not 19830H0224B2908 - 6 -
1 paid within twenty days of the order the board shall suspend or
2 revoke the license, notifying the licensee by registered mail
3 addressed to his licensed premises. Suspensions and revocations
4 shall not go into effect until twenty days have elapsed from the
5 date of notice of issuance of the board's order, during which
6 time the licensee may take an appeal as provided for in this
7 act. When a license is revoked, the licensee's bond may be
8 forfeited by the board. Any licensee whose license is revoked
9 shall be ineligible to have a license under this act until the
10 expiration of three years from the date such license was
11 revoked. In the event the board shall revoke a license, no
12 license shall be granted for the premises or transferred to the
13 premises in which the said license was conducted for a period of
14 at least one year after the date of the revocation of the
15 license conducted in the said premises, except in cases where
16 the licensee or a member of his immediate family is not the
17 owner of the premises, in which case the board may, in its
18 discretion, issue or transfer a license within the said year. In
19 all such cases, the board shall file of record at least a brief
20 statement in the form of an opinion of the reasons for the
21 ruling or order. In the event the person who was fined or whose
22 license was suspended or revoked by the board shall feel
23 aggrieved by the action of the board, he shall have the right to
24 appeal to the court of [quarter sessions or the county court of <--
25 Allegheny County] COMMON PLEAS in the same manner as herein <--
26 provided for appeals from refusals to grant licenses. Upon
27 appeal, the court so appealed to shall, in the exercise of its
28 discretion, sustain, reject, alter or modify the findings,
29 conclusions and penalties of the board, based on the findings of
30 fact and conclusions of law as found by the court. The aforesaid
19830H0224B2908 - 7 -
1 appeal shall act as a supersedeas unless upon sufficient cause 2 shown the court shall determine otherwise. No penalty provided 3 by this section shall be imposed by the board or any court for 4 any violations provided for in this act unless the enforcement 5 officer or the board notifies the licensee of its nature and of 6 the date of the alleged violation within ten days of the 7 completion of the investigation which in no event shall exceed 8 ninety days. 9 (c) If the violation in question is a third or subsequent 10 violation of this act or [the act of June 24, 1939 (P.L.872), 11 known as "The Penal Code,"] Title 18 of the Pennsylvania 12 Consolidated Statutes (relating to crimes and offenses), 13 occurring within a period of four years the board shall impose a 14 suspension or revocation. 15 (d) [The jurisdiction of the county court of Allegheny <-- 16 County conferred hereby shall be exclusive within the 17 territorial limits of its jurisdiction.] <-- 18 Section 5 4. Section 474 of the act, added July 20, 1968 <-- 19 (P.L.429, No.201), is amended to read: 20 Section 474. Surrender of Club Licenses for Benefit of 21 Licensees.--[Whenever a club license has been returned to the 22 board for the benefit of the licensee due to the licensed 23 establishment not having been in operation for any reason 24 whatsoever for a period of time not exceeding fifteen days, the 25 license shall be held by the board for the benefit of the 26 licensee for a period of time not exceeding one year, or, upon 27 proper application to the board, for an additional year, and the 28 license shall be revoked at the termination of the period, and 29 transfer of the license shall not be permitted after the 30 termination of the period.] (a) Any club licensee whose 19830H0224B2908 - 8 -
1 licensed establishment is not in operation for a period of 2 fifteen consecutive days for any reason shall return its license 3 and, if a liquor license, its wholesale purchase permit card, to 4 the board not later than the expiration of the fifteen-day 5 period. The return of such license and card will not invalidate 6 the license, which will be held for the benefit of the licensee 7 and be available for its use when operations are resumed at the 8 licensed premises, or for transfer. 9 (b) Where the club license is returned because the licensee 10 no longer has a lease for the licensed premises, or removes 11 therefrom, or is dispossessed by legal process, the license will 12 be invalidated as to the premises for which issued but will not 13 be invalidated generally nor cancelled, and will be held for the 14 benefit of the licensee for transfer only. 15 (c) Where the club license and wholesale liquor purchase 16 permit card are not surrendered and returned voluntarily by the 17 licensee, enforcement officers of the board will lift and return 18 such license and card to the board. 19 (d) No club license surrendered to the board, nor any 20 renewal thereof in possession of the board, will be held for the 21 benefit of the licensee for a period exceeding one year from the 22 date of surrender, except where, in the opinion of the board, 23 circumstances beyond the control of the licensee prevent 24 reactivation. The board shall reconsider the revocation of any 25 such club license during the last five years to ascertain if 26 circumstances beyond the control of the licensee prevented 27 timely reactivation of the license. Failure of the licensee to 28 lift the license and resume operation of the licensed business 29 or to effect a transfer of the license within the one-year 30 period may be sufficient cause for revocation of the license if 19830H0224B2908 - 9 -
1 timely reactivation was not due to circumstances beyond the 2 control of the licensee. 3 (e) In the case of any club license which is reactivated 4 under this section, the board shall determine no sooner than 5 eighteen months after such reactivation, and no later than 6 twenty-four months after reactivation, that the club has 7 actually resumed operation and is functioning in fact as a club 8 as defined in section 102. If the board finds that the club is 9 not so functioning the license shall be immediately revoked. 10 Section 6 5. This act shall take effect in 60 days. <-- A24L47DS/19830H0224B2908 - 10 -