PRINTER'S NO. 1377
No. 1203 Session of 1991
INTRODUCED BY BOYES, CAPPABIANCA, FARGO, ACOSTA, BILLOW,
PRESTON, SCRIMENTI, KENNEY, PERZEL AND MICOZZIE,
APRIL 22, 1991
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 22, 1991
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 license transfers.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 461(a) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14) and amended December 7, 1990 (P.L.
23 , No.160), 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
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 three thousand inhabitants in any municipality, exclusive
5 of licenses granted to airport restaurants, municipal golf
6 courses, hotels, privately-owned public golf courses, as
7 defined in this section, and clubs; but at least one such
8 license may be granted in each municipality and in each part of
9 a municipality where such municipality is split so that each
10 part thereof is separated by another municipality, except in
11 municipalities where the electors have voted against the
12 granting of any retail licenses and except in that part of a
13 split municipality where the electors have voted against the
14 granting of any retail licenses. Nothing contained in this
15 section shall be construed as denying the right to the board to
16 renew or to transfer existing retail licenses of any class
17 notwithstanding that the number of such licensed places in a
18 municipality shall exceed the limitation hereinbefore
19 prescribed; but where such number exceeds the limitation
20 prescribed by this section, no new license, except for hotels,
21 municipal golf courses, airport restaurants, privately-owned
22 public golf courses and privately-owned private golf course
23 licensees, as defined in this section, shall be granted so long
24 as said limitation is exceeded; and in the case of transfers, no
25 license shall be transferred from one municipality to another
26 municipality in which the number of licenses of the class
27 proposed to be transferred exceeds the license quota for such
28 municipality by more than twenty per centum.
29 * * *
30 Section 2. This act shall take effect in 60 days.
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