PRINTER'S NO. 706
No. 646 Session of 1987
INTRODUCED BY LETTERMAN, SALOOM, McCALL AND BUNT, MARCH 9, 1987
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 9, 1987
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 exempting units of nonprofit nationally chartered clubs from
18 licensing quota.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 461(a) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, amended December 17,
23 1982 (P.L.1390, No.319), is amended and the section is amended
24 by adding subsections to read:
25 Section 461. Limiting Number of Retail Licenses To Be Issued
26 In Each Municipality.--(a) No licenses shall hereafter be
1 granted by the board for the retail sale of malt or brewed
2 beverages or the retail sale of liquor and malt or brewed
3 beverages in excess of one of such licenses of any class for
4 each two thousand inhabitants in any municipality, exclusive of
5 licenses granted to airport restaurants, municipal golf courses,
6 hotels, privately-owned public golf courses and units of
7 nonprofit nationally chartered clubs, as defined in this
8 section, and clubs; but at least one such license may be granted
9 in each municipality and in each part of a municipality where
10 such municipality is split so that each part thereof is
11 separated by another municipality, except in municipalities
12 where the electors have voted against the granting of any retail
13 licenses and except in that part of a split municipality where
14 the electors have voted against the granting of any retail
15 licenses. Nothing contained in this section shall be construed
16 as denying the right to the board to renew or to transfer
17 existing retail licenses of any class notwithstanding that the
18 number of such licensed places in a municipality shall exceed
19 the limitation hereinbefore prescribed; but where such number
20 exceeds the limitation prescribed by this section, no new
21 license, except for hotels, municipal golf courses, airport
22 restaurants, privately-owned public golf courses [and],
23 privately-owned private golf course licensees and units of
24 nonprofit nationally chartered clubs, as defined in this
25 section, shall be granted so long as said limitation is
26 exceeded.
27 * * *
28 (g) "Nonprofit nationally chartered club" as used in this
29 section shall mean any club which does not contemplate pecuniary
30 gain or profit, incidental or otherwise, having a national
19870H0646B0706 - 2 -
1 charter.
2 (h) "Unit of a nonprofit nationally chartered club" as used
3 in this section shall mean any post, branch, lodge or other
4 subordinate unit of a nonprofit nationally chartered club.
5 Section 2. This act shall take effect in 60 days.
B9L47RZ/19870H0646B0706 - 3 -