THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, MURT AND RAPP, FEBRUARY 8, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 8, 2011  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for limiting number of retail licenses to

be issued in each county.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 461(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14) and amended February 21, 2002

(P.L.103, No.10), is amended to read:

Section 461.  Limiting Number of Retail Licenses To Be Issued

In Each County.--(a)  No additional restaurant[,] or eating

place retail dispenser [or club] licenses shall be issued within

a county if the total number of restaurant and eating place

retail dispenser licenses is greater than one license for each

three thousand inhabitants in the county, except the board may

issue licenses to public venues, performing arts facilities,

continuing care retirement communities, airport restaurants,

municipal golf courses, hotels, privately-owned private golf

courses, privately-owned public golf courses, racetracks,

automobile racetracks, nonprimary pari-mutuel wagering locations

and to any other entity which this act specifically exempts from

the limitations provided in this section[, and the board may

issue a license to a club situated in a borough having a

population less than eight thousand inhabitants which is located

in a county of the second class A whose application is filed on

or before February 28, 2001]. In addition, the board may issue

an eating place retail dispenser license for on-premises sales

only to the owner or operator of a facility having a minimum of

a one-half mile asphalt track and having a permanent seating

capacity of at least six thousand people used principally for

holding automobile races, regardless of the number of restaurant

and eating place retail dispenser licenses already issued in

that county. When determining the number of restaurant and

eating place retail dispenser licenses issued in a county for

the purposes of this section, licenses exempted from this

limitation and club licenses shall not be considered.

Inhabitants of dry municipalities shall be considered when

determining the population in a county. Licenses shall not be

issued or transferred into municipalities where such licenses

are prohibited pursuant to local referendum in accordance with

section 472. Licenses approved for intermunicipal transfer may

not be transferred from the receiving municipality for a period

of five years after the date that the licensed premises are

operational in the receiving municipality.

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Section 2.  This act shall take effect in 60 days.