PRINTER'S NO. 2312
No. 1844 Session of 1987
INTRODUCED BY WESTON, BELARDI, MRKONIC, HARPER, ITKIN, BARLEY,
CORRIGAN, GAMBLE, ANGSTADT, MICOZZIE, BUNT, KOSINSKI, WOGAN,
ACOSTA, GEIST, FISCHER, J. TAYLOR, KENNEY, JOHNSON,
E. Z. TAYLOR, RAYMOND, SIRIANNI, CLYMER, LINTON, BOOK,
MICHLOVIC, DISTLER, FOX, VEON, LANGTRY, TRUMAN, BORTNER AND
PERZEL, OCTOBER 14, 1987
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 14, 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 further providing for the issuance and transfer of licenses.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 404 of the act of April 12, 1951 (P.L.90,
21 No.21), known as the Liquor Code, reenacted and amended June 29,
22 1987 (P.L.32, No.14), is amended to read:
23 Section 404. Issuance of Hotel, Restaurant and Club Liquor
1 Licenses.--(a) Upon receipt of the application, the proper fees
2 and bond, and upon being satisfied of the truth of the
3 statements in the application that the applicant is the only
4 person in any manner pecuniarily interested in the business so
5 asked to be licensed and that no other person will be in any
6 manner pecuniarily interested therein during the continuance of
7 the license, except as hereinafter permitted, and that the
8 applicant is a person of good repute, that the premises applied
9 for meet all the requirements of this act and the regulations of
10 the board, that the applicant seeks a license for a hotel,
11 restaurant or club, as defined in this act, and that the
12 issuance of such license is not prohibited by any of the
13 provisions of this act, the board shall, in the case of a hotel
14 or restaurant, grant and issue to the applicant a liquor
15 license, and in the case of a club may, in its discretion, issue
16 or refuse a license: Provided, however, That in the case of any
17 new license or the transfer of any license to a new location the
18 board may, in its discretion, grant or refuse such new license
19 or transfer if such place proposed to be licensed is within
20 three hundred feet of any church, hospital, charitable
21 institution, school, or public playground, or if such new
22 license or transfer is applied for a place which is within two
23 hundred feet of any other premises which is licensed by the
24 board: And provided further, That the board shall refuse any
25 application for a new license or the transfer of any license to
26 a new location if, in the board's opinion, such new license or
27 transfer would be detrimental to the welfare, health, peace and
28 morals of the inhabitants of the neighborhood within a radius of
29 five hundred feet of the place proposed to be licensed: And
30 provided further, That the board shall not issue new licenses in
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1 any license district more than twice each license year,
2 effective from specific dates fixed by the board, and new
3 licenses shall not be granted, except for hotels as defined in
4 this act, unless the application therefor shall have been filed
5 at least thirty days before the effective date of the license:
6 And provided further, That nothing herein contained shall
7 prohibit the board from issuing a new license for the balance of
8 any unexpired term in any license district to any applicant in
9 such district, who shall have become eligible to hold such
10 license as the result of legislative enactment, when such
11 enactment shall have taken place during the license term of that
12 district for which application is made or within the thirty days
13 immediately preceding such term, nor shall anything herein
14 contained prohibit the board from issuing at any time a new
15 license for an airport restaurant, or municipal golf course, as
16 defined in section 461 of this act, for the balance of the
17 unexpired license term in any license district: And provided
18 further, That the board shall have the discretion to refuse a
19 license to any person or to any corporation, partnership or
20 association if such person, or any officer or director of such
21 corporation, or any member or partner of such partnership or
22 association shall have been convicted or found guilty of a
23 felony within a period of five years immediately preceding the
24 date of application for the said license. The board shall refuse
25 any application for a new license or the transfer of any license
26 to a location where the sale of liquid fuels or oil is
27 conducted.
28 (b) In addition to the persons in subsection (a) who are
29 granted the right to protest the issuing of a new license or the
30 transfer of any license, the State senator and the State
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1 representative elected from the senatorial district and the
2 representative district in which the licensed premises or
3 proposed licensed premises is located shall have the right to
4 protest the issuing of a new license or the transfer of any
5 license and such State senator and State representative shall
6 also have the right to present testimony at any hearing held on
7 issuing or transferring any license.
8 Section 2. This act shall take effect in 60 days.
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