PRIOR PRINTER'S NO. 112 PRINTER'S NO. 1396
No. 103 Session of 1993
INTRODUCED BY OLIVER, RIEGER, BISHOP, LaGROTTA, TIGUE, PESCI,
TRELLO, KENNEY, STABACK, KELLER, CURRY, SCHULER, OLASZ,
MIHALICH, LINTON, LEDERER, GIGLIOTTI, KIRKLAND, DALEY, JAMES,
DONATUCCI, JOSEPHS, HUGHES, PRESTON AND WILLIAMS,
JANUARY 27, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 20, 1993
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 ENFORCEMENT AND FOR the issuance or <--
18 transfer of liquor licenses in license districts in cities of
19 the first class.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 404 of the act of April 12, 1951 (P.L.90, <--
23 No.21), known as the Liquor Code, reenacted and amended June 29,
24 1987 (P.L.32, No.14), is amended to read:
1 SECTION 1. SECTIONS 211(D) AND 404 OF THE ACT OF APRIL 12, <--
2 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND
3 AMENDED JUNE 29, 1987 (P.L.32, NO.14), ARE AMENDED TO READ:
4 SECTION 211. ENFORCEMENT.--* * *
5 (D) THE OFFICE OF CHIEF COUNSEL FOR THE PENNSYLVANIA STATE
6 POLICE SHALL REPRESENT THE ENFORCEMENT BUREAU IN ALL ENFORCEMENT
7 PROCEEDINGS BROUGHT BEFORE THE OFFICE OF ADMINISTRATIVE LAW
8 JUDGE OR ANY OTHER ADJUDICATORY BODY. THE ENFORCEMENT BUREAU IS
9 BOUND BY LEGAL OPINIONS ISSUED BY THE BOARD OR ITS COUNSEL.
10 Section 404. Issuance of Hotel, Restaurant and Club Liquor
11 Licenses.--Upon receipt of the application, the proper fees and
12 bond, and upon being satisfied of the truth of the statements in
13 the application that the applicant is the only person in any
14 manner pecuniarily interested in the business so asked to be
15 licensed and that no other person will be in any manner
16 pecuniarily interested therein during the continuance of the
17 license, except as hereinafter permitted, and that the applicant
18 is a person of good repute, that the premises applied for meet
19 all the requirements of this act and the regulations of the
20 board, that the applicant seeks a license for a hotel,
21 restaurant or club, as defined in this act, and that the
22 issuance of such license is not prohibited by any of the
23 provisions of this act, the board shall, in the case of a hotel
24 or restaurant, grant and issue to the applicant a liquor
25 license, and in the case of a club may, in its discretion, issue
26 or refuse a license: Provided, however, That in the case of any
27 new license or the transfer of any license to a new location the
28 board may, in its discretion, grant or refuse such new license
29 or transfer if such place proposed to be licensed is within
30 three hundred feet of any church, hospital, charitable
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1 institution, school, or public playground, or if such new
2 license or transfer is applied for a place which is within two
3 hundred feet of any other premises which is licensed by the
4 board: And provided further, That the board shall refuse any
5 application for a new license or the transfer of any license to
6 a new location if, in the board's opinion, such new license or
7 transfer would be detrimental to the welfare, health, peace and
8 morals of the inhabitants of the neighborhood within a radius of
9 five hundred feet of the place proposed to be licensed: And
10 provided further, That in any license district in a city of the
11 first class, the board shall refuse any application for a new
12 license or for any person-to-person or AND place-to-place OR <--
13 PLACE-TO-PLACE transfer of any license if the licensed premises
14 is or would be within three hundred feet of any church,
15 hospital, charitable institution, school or public playground,
16 or within two hundred feet of any other premises licensed by the
17 board or, if, in the opinion of the board the licensed premises
18 is or would be detrimental to the welfare, health, peace and
19 morals of the inhabitants of the neighborhood within a radius of
20 five hundred feet of the licensed premises: And provided
21 further, That the board shall not issue new licenses in any
22 license district more than twice each license year, effective
23 from specific dates fixed by the board, and new licenses shall
24 not be granted, except for hotels as defined in this act, unless
25 the application therefor shall have been filed at least thirty
26 days before the effective date of the license: And provided
27 further, That nothing herein contained shall prohibit the board
28 from issuing a new license for the balance of any unexpired term
29 in any license district to any applicant in such district, who
30 shall have become eligible to hold such license as the result of
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1 legislative enactment, when such enactment shall have taken
2 place during the license term of that district for which
3 application is made or within the thirty days immediately
4 preceding such term, nor shall anything herein contained
5 prohibit the board from issuing at any time a new license for an
6 airport restaurant, or municipal golf course, as defined in
7 section 461 of this act, for the balance of the unexpired
8 license term in any license district: And provided further, That
9 the board shall have the discretion to refuse a license to any
10 person or to any corporation, partnership or association if such
11 person, or any officer or director of such corporation, or any
12 member or partner of such partnership or association shall have
13 been convicted or found guilty of a felony within a period of
14 five years immediately preceding the date of application for the
15 said license. The board shall refuse any application for a new
16 license or the transfer of any license to a location where the
17 sale of liquid fuels or oil is conducted.
18 Section 2. This act shall take effect in 60 days.
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