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                                                      PRINTER'S NO. 2087

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1701 Session of 1999


        INTRODUCED BY COSTA, GIGLIOTTI, MICHLOVIC, WALKO, RUFFING,
           FRANKEL, PRESTON, LAUGHLIN, WOJNAROSKI AND HARHAI,
           JUNE 16, 1999

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 16, 1999

                                     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 nuisances.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 611(c) of the act of April 12, 1951 (P.L.90, No.21),
    21  known as the Liquor Code, is amended to read:
    22     Section 611.  Nuisances; Actions To Enjoin.--* * *
    23     (c)  Upon the decree of the court ordering such nuisance to
    24  be abated, the court may, upon proper cause shown, order that
    25  the room, house, building, structure, boat, vehicle or place

     1  shall not be occupied or used for one year thereafter, [but] or
     2  the court may, in its discretion, permit it to be occupied or
     3  used if the owner, lessee, tenant or occupant [thereof shall
     4  give] is not the holder of the license which is the subject of
     5  the abatement and if said owner, lessee, tenant or occupant
     6  posts a bond with sufficient surety to be approved by the court
     7  making the order in the penal and liquidated sum of not less
     8  than [five hundred dollars ($500.00)] five thousand dollars
     9  ($5,000.00), payable to the Commonwealth of Pennsylvania, for
    10  use of the county in which said proceedings are instituted, and
    11  conditioned that neither liquor, alcohol, nor malt or brewed
    12  beverages will thereafter be manufactured, sold, transported,
    13  offered for sale, bartered or furnished, or stored in bond, or
    14  stored for hire therein or thereon [in violation of this act,]
    15  and that [he] the owner, lessee, tenant or occupant thereof will
    16  pay all fines, costs and damages that may be assessed for any
    17  violation of this act upon said property.
    18     Section 2.  This act shall take effect in 60 days.








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