PRINTER'S NO. 3984
No. 2954 Session of 1980
INTRODUCED BY HASAY, F. TAYLOR, PRATT, CALTAGIRONE AND COCHRAN,
SEPTEMBER 29, 1980
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 29, 1980
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 providing for the waiver of certain late filing fees by the
18 board.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Subsection (a) of section 470, act of April 12,
22 1951 (P.L.90, No.21), known as the "Liquor Code," amended August
23 1, 1969 (P.L.219, No.87), is amended to read:
24 Section 470. Renewal of Licenses; Temporary Provisions for
25 Licensees in Armed Service.--(a) All applications for renewal
1 of licenses under the provisions of this article shall be filed
2 with a new bond, requisite license and filing fees at least
3 sixty days before the expiration date of same: Provided,
4 however, That the board, in its discretion, may accept a renewal
5 application filed less than sixty days before the expiration
6 date of the license with the required bond and fees, upon
7 reasonable cause shown and the payment of an additional filing
8 fee of one hundred dollars ($100.00) for late filing, which
9 additional fee may be waived by the board upon showing of
10 extreme and extenuating circumstances: And provided further,
11 That except where the failure to file a renewal application or
12 before the expiration date has created a license quota vacancy
13 after said expiration date which has been filled by the issuance
14 of a new license, after such expiration date, but before the
15 board has received a renewal application within the time
16 prescribed herein the board, in its discretion, may, after
17 hearing, accept a renewal application filed within ten months
18 after the expiration date of the license with the required bond
19 and fees upon the payment of an additional filing fee of two
20 hundred fifty dollars ($250.00) for late filing. Where any such
21 renewal application is filed less than sixty days before the
22 expiration date, or subsequent to the expiration date, no
23 license shall issue upon the filing of the renewal application
24 until the matter is finally determined by the board and if an
25 appeal is taken from the board's action the courts shall not
26 order the issuance of the renewal license until final
27 determination of the matter by the courts. A renewal application
28 will not be considered filed unless accompanied by a new bond
29 and the requisite filing and license fees and any additional
30 filing fee required by this section. Unless the board shall have
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1 given ten days' previous notice to the applicant of objections
2 to the renewal of his license, based upon violation by the
3 licensee or his servants, agents or employes of any of the laws
4 of the Commonwealth or regulations of the board relating to the
5 manufacture, transportation, use, storage, importation,
6 possession or sale of liquors, alcohol or malt or brewed
7 beverages, or the conduct of a licensed establishment, or unless
8 the applicant has by his own act become a person of ill repute,
9 or less the premises do not meet the requirements of this act or
10 the regulations of the board, the license of a licensee shall be
11 renewed.
12 * * *
13 Section 2. This act shall take effect immediately.
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