PRINTER'S NO. 1416
No. 1255 Session of 1979
INTRODUCED BY MICOZZIE, GANNON, ALDEN, DURHAM, M. R. CLARK AND
ARTY, MAY 9, 1979
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 9, 1979
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 limiting the number of retail licenses in certain
18 municipalities.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Subsection (a) of section 461, act of April 12,
22 1951 (P.L.90, No.21), known as the "Liquor Code," amended June
23 1, 1978 (P.L.451, No.56), is amended to read:
24 Section 461. Limiting Number of Retail Licenses To Be Issued
25 In Each Municipality.--(a) No licenses shall hereafter be
26 granted by the board for the retail sale of malt or brewed
1 beverages or the retail sale of liquor and malt or brewed
2 beverages in excess of one of such licenses of any class for
3 each two thousand inhabitants in any municipality, exclusive of
4 licenses granted to airport restaurants, municipal golf courses,
5 hotels and incorporated units of national veterans'
6 organizations, as defined in this section, and clubs; but at
7 least one such license may be granted in each municipality and
8 in each part of a municipality where such municipality is split
9 so that each part thereof is separated by another municipality,
10 except in municipalities where the electors have voted against
11 the granting of any retail licenses and except in that part of a
12 split municipality that is contiguous to any municipality where
13 the electors have voted against the granting of any retail
14 licenses. Nothing contained in this section shall be construed
15 as denying the right to the board to renew or to transfer
16 existing retail licenses of any class notwithstanding that the
17 number of such licensed places in a municipality shall exceed
18 the limitation hereinbefore prescribed; but where such number
19 exceeds the limitation prescribed by this section, no new
20 license, except for hotels, municipal golf courses, airport
21 restaurants and incorporated units of national veterans'
22 organizations, as defined in this section, shall be granted so
23 long as said limitation is exceeded.
24 * * *
25 Section 2. This act shall take effect immediately.
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