THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SANTONI, DONATUCCI, BARRAR, BELFANTI, CALTAGIRONE, CARROLL, D. COSTA, DeLUCA, J. EVANS, FABRIZIO, HALUSKA, HARKINS, W. KELLER, KILLION, KOTIK, MAHONEY, PALLONE, SEIP, SIPTROTH AND SOLOBAY, MAY 5, 2009

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 5, 2009  

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,"

providing for expanded restaurant licenses, fees, privileges

and restrictions; providing for limitation of certain prizes; 

and further providing for revocation and suspension of

licenses and fees and for premises to be vacated by patrons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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), is amended by adding sections to read:

Section 415.  Expanded Restaurant Licenses; Fees; Privileges;

Restrictions.--(a)  Notwithstanding any other provision of this

article to the contrary, a holder of a restaurant license that

is also approved to hold a slot machine license or conditional

slot machine license pursuant to 4 Pa.C.S. Pt. II (relating to

gaming) or is an affiliate, intermediary, subsidiary, holding

company or otherwise under common ownership with a person

approved to hold a slot machine license or conditional slot

machine license, may, in its discretion, convert its restaurant

license to an expanded restaurant license by registering with

the board as an expanded restaurant licensee and upon payment to

the board of a conversion fee in the amount of one hundred

twenty-five thousand dollars ($125,000).

(b)  Expanded restaurant licensees shall pay an annual

license fee to the board in the amount of fifteen thousand

dollars ($15,000). If the annual fee is not timely paid, the

expanded restaurant license shall be suspended until such time

as the annual fee is paid.

(c)  Notwithstanding any other provision of this article to

the contrary, a holder of an expanded restaurant license may

sell or serve liquor and malt or brewed beverages after ten

o'clock antemeridian of any day until five o'clock antemeridian

of the following day.

(d)  In addition to the provisions of section 493(24)(ii),

expanded restaurant licensees may give liquor and malt or brewed

beverages free of charge to any person attending an invitation

only event held anywhere on the premises of the licensed

facility, as that term is defined in 4 Pa.C.S. § 1103 (relating

to definitions).

(e)  Notwithstanding the provisions of section 404, an

expanded restaurant license may not be transferred to a new

location. Provided, however, that nothing in this subsection

shall preclude a transfer of ownership of an expanded restaurant

license to another person eligible for an expanded restaurant

license under subsection (a) to be used at the same licensed

premises.

(f)  If the holder of an expanded restaurant license has been

cited and found to have violated section 493(1) insofar as it

relates to sales to minors or sales to a visibly intoxicated

person, section 493(10) insofar as it relates to lewd, immoral

or improper entertainment or section 493(14), (16) or (21), or

has been found to be a public nuisance pursuant to section 611,

or if the owner or operator of the licensed premises or any

authorized agent of the owner or operator has been convicted of

any violation of the act of April 14, 1972 (P.L.233, No.64),

known as "The Controlled Substance, Drug, Device and Cosmetic

Act," or of 18 Pa.C.S. § 5902 (relating to prostitution and

related offenses) or 6301 (relating to corruption of minors), at

or relating to the licensed premises, the administrative law

judge may either suspend or revoke the license, or impose a fine

of not less than five thousand dollars ($5,000) nor more than

twenty thousand dollars ($20,000), but not both. As to other

violations by the holder of an expanded restaurant license, the

administrative law judge may either suspend or revoke the

license, or impose a fine of not less than one hundred dollars

($100) nor more than five thousand dollars ($5,000), but not

both. For the violations referenced in this subsection for

holders of expanded restaurant licenses, the penalties provided

for in this subsection supersede the penalties provided for in

section 471(b).

(g)  Except as otherwise specifically provided, the

provisions of this article relating to restaurant licenses shall

be applicable to expanded restaurant licenses and the sales of

liquor and malt or brewed beverages by expanded restaurant

licensees shall be made in accordance with and subject to the

provisions of this article relating to the sale of liquors by

restaurant licensees.

Section 415.1.  Limitation of Prizes.--Nothing in this act or

in any regulation relating to the limitation of prizes for any

given event, tournament or contest sponsored or held on the

premises of a licensee shall apply to a licensee that is also

licensed under 4 Pa.C.S. Pt. II (relating to gaming).

Section 2.  Section 471(c) of the act, amended December 9,

2002 (P.L.1653, No.212), is amended to read:

Section 471.  Revocation and Suspension of Licenses; Fines.--

* * *

(c)  The administrative law judge may consider the licensee's

prior citation history when imposing a penalty. [If] Except

where the licensee is an expanded restaurant licensee, if the

violation in question is a third or subsequent violation of any

offense referred to in subsection (b) or Title 18 of the

Pennsylvania Consolidated Statutes (relating to crimes and

offenses), occurring within a period of four years, the

administrative law judge shall impose a suspension or

revocation.

* * *

Section 3.  Section 499(d) of the act, amended February 21,

2002 (P.L.103, No.10), is amended to read:

Section 499.  Premises to be Vacated by Patrons.--* * *

(d)  This section shall not apply to holders of public

service licenses and expanded restaurant licenses.

* * *

Section 4.  This act shall take effect in 60 days.