HOUSE AMENDED
PRIOR PRINTER'S NOS. 2128, 2158, 2216, PRINTER'S NO. 2308
2235, 2288
No. 1531 Session of 2000
INTRODUCED BY THOMPSON, WAGNER, DENT, STOUT, WHITE, GERLACH,
CORMAN, HART, CONTI, O'PAKE AND LEMMOND, SEPTEMBER 25, 2000
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 20, 2000
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 definitions, for standing at hearings
18 on license applications, for posting of notice of application
19 for a license, for issuance of licenses and for sales by
20 liquor licensees; repealing provisions relating to certain
21 types of licenses; providing for a public venue license and
22 for a performing arts facility license; further providing for
23 stadium or arena permits, FOR MALT AND BREWED BEVERAGES <--
24 RETAIL LICENSES, for limiting number of licenses in each
25 municipality, FOR INCORPORATED UNITS OF NATIONAL VETERANS' <--
26 ORGANIZATIONS, for places of amusement not to be licensed,
27 for renewal of licenses, FOR LICENSES NOT ASSIGNABLE AND <--
28 TRANSFERS AND FOR GRANTING OF LIQUOR LICENSES IN CERTAIN
29 MUNICIPALITIES, for local option and for unlawful acts
30 relative to licensees; PROVIDING FOR RESPONSIBLE ALCOHOL <--
1 MANAGEMENT; AND FURTHER PROVIDING FOR PENALTIES.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. The definition of "performing arts facilities" in
5 section 102 of the act of April 12, 1951 (P.L.90, No.21), known
6 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
7 No.14), is amended and the section is amended by adding a <--
8 definition DEFINITIONS to read: <--
9 Section 102. Definitions.--The following words or phrases,
10 unless the context clearly indicates otherwise, shall have the
11 meanings ascribed to them in this section:
12 * * *
13 "ALCOHOL SERVICE PERSONNEL" SHALL MEAN ANY EMPLOYE OF A <--
14 LICENSEE SUCH AS A BARTENDER, WAITER OR IN THE CASE OF A
15 DISTRIBUTOR OR IMPORTING DISTRIBUTOR, A SALESPERSON WHOSE
16 PRIMARY RESPONSIBILITY INCLUDES THE RESALE, FURNISHING OR
17 SERVING OF LIQUOR OR MALT OR BREWED BEVERAGES. IT SHALL ALSO
18 MEAN ANY EMPLOYE SUCH AS A DOORPERSON, WHOSE PRIMARY
19 RESPONSIBILITY IS TO ASCERTAIN THE AGE OF INDIVIDUALS WHO ARE
20 ATTEMPTING TO ENTER THE LICENSED PREMISES.
21 * * *
22 "Performing arts facilities" shall mean those halls or
23 theaters in which live musical, concert, dance, ballet and
24 legitimate play book-length productions are performed.
25 Performing arts facilities shall not mean those halls or
26 theaters in which burlesque shows or reviews are performed. The <--
27 IF THE OPERATOR OF THE PERFORMING ARTS FACILITY IS A NONPROFIT <--
28 ENTITY, THE facility must have seating for at least five hundred
29 (500) people; OTHERWISE, THE FACILITY MUST HAVE SEATING FOR AT <--
30 LEAST TWENTY-FIVE HUNDRED (2,500) PEOPLE.
20000S1531B2308 - 2 -
1 * * *
2 "Public venue" shall mean any stadium, arena, convention <--
3 center, museum, amphitheater or similar structure with seating
4 for at least one thousand (1,000) people that is owned by a
5 municipality or county, is owned by an authority created under
6 the act of July 29, 1953 (P.L.1034, No.270), known as the
7 "Public Auditorium Authorities Law," an authority created under
8 the act of May 2, 1945 (P.L.382, No.164), known as the
9 "Municipality Authorities Act of 1945," an authority created
10 under Article XXIII(n) of the act of August 9, 1955 (P.L.323,
11 No.130), known as "The County Code," or is an art museum
12 established under the authority of the act of April 6, 1791 (3
13 Sm.L.20, No.1536) entitled "An act to confer on certain
14 associations of the citizens of this commonwealth the powers and
15 immunities of corporations, or bodies politic in law." The term
16 shall also mean any such structure that has seating for at least
17 five thousand (5,000) people, regardless of owner. The term
18 shall also mean any regional history center, multipurpose
19 cultural and science facility or museum, regardless of owner,
20 that has a floor area of at least one hundred thousand (100,000)
21 square feet in one building.
22 "PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION <--
23 CENTER, MUSEUM, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE PUBLIC
24 VENUE IS OWNED BY A POLITICAL SUBDIVISION, A MUNICIPAL
25 AUTHORITY, THE COMMONWEALTH, AN AUTHORITY CREATED UNDER THE ACT
26 OF JULY 29, 1953 (P.L.1034, NO.270), KNOWN AS THE "PUBLIC
27 AUDITORIUM AUTHORITIES LAW," AN AUTHORITY CREATED UNDER ARTICLE
28 XXV-A OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS
29 THE "SECOND CLASS COUNTY CODE," AN ART MUSEUM ESTABLISHED UNDER
30 THE AUTHORITY OF THE ACT OF APRIL 6, 1791 (3 SM.L.20, NO.1536),
20000S1531B2308 - 3 -
1 ENTITLED "AN ACT TO CONFER ON CERTAIN ASSOCIATIONS OF THE
2 CITIZENS OF THIS COMMONWEALTH THE POWERS AND IMMUNITIES OF
3 CORPORATIONS, OR BODIES POLITIC IN LAW," OR AN AUTHORITY CREATED
4 UNDER ARTICLE XXIII(N) OR (O) OF THE ACT OF AUGUST 9, 1955
5 (P.L.323, NO.130), KNOWN AS "THE COUNTY CODE," IT SHALL HAVE
6 SEATING FOR AT LEAST ONE THOUSAND (1,000) PEOPLE; OTHERWISE, IT
7 SHALL HAVE SEATING FOR AT LEAST FIVE THOUSAND (5,000) PEOPLE.
8 THE TERM SHALL ALSO MEAN ANY REGIONAL HISTORY CENTER,
9 MULTIPURPOSE CULTURAL AND SCIENCE FACILITY OR MUSEUM, REGARDLESS
10 OF OWNER AND SEATING CAPACITY, THAT HAS A FLOOR AREA OF AT LEAST
11 SIXTY THOUSAND (60,000) SQUARE FEET IN ONE BUILDING.
12 * * *
13 Section 2. Section 402 of the act is amended by adding a
14 subsection to read:
15 Section 402. License Districts; License Period; Hearings.--*
16 * *
17 (c) This section shall not be construed so as to grant
18 standing to residents residing within five hundred (500) feet of
19 a public venue or performing arts facility.
20 Section 3. Section 403(g) of the act is amended to read:
21 Section 403. Applications for Hotel, Restaurant and Club
22 Liquor Licenses.--* * *
23 (g) Every applicant for a new license or for the transfer of
24 an existing license shall post, for a period of a least fifteen
25 days beginning with the day the application is filed with the
26 board, in a conspicuous place on the outside of the premises or
27 at the proposed new location for which the license is applied, a
28 notice of such application, in such form, of such size, and
29 containing such provisions as the board may require by its
30 regulations. Proof of the posting of such notice shall be filed
20000S1531B2308 - 4 -
1 with the board. The posting requirement imposed by this
2 subsection shall not apply to license applications submitted for
3 public venues.
4 * * *
5 Section 4. Section 404 of the act, amended December 21, 1998
6 (P.L.1202, No.155), is amended to read:
7 Section 404. Issuance of Hotel, Restaurant and Club Liquor
8 Licenses.--Upon receipt of the application and the proper fees,
9 and upon being satisfied of the truth of the statements in the
10 application that the applicant is the only person in any manner
11 pecuniarily interested in the business so asked to be licensed
12 and that no other person will be in any manner pecuniarily
13 interested therein during the continuance of the license, except
14 as hereinafter permitted, and that the applicant is a person of
15 good repute, that the premises applied for meet all the
16 requirements of this act and the regulations of the board, that
17 the applicant seeks a license for a hotel, restaurant or club,
18 as defined in this act, and that the issuance of such license is
19 not prohibited by any of the provisions of this act, the board
20 shall, in the case of a hotel or restaurant, grant and issue to
21 the applicant a liquor license, and in the case of a club may,
22 in its discretion, issue or refuse a license: Provided, however,
23 That in the case of any new license or the transfer of any
24 license to a new location the board may, in its discretion,
25 grant or refuse such new license or transfer if such place
26 proposed to be licensed is within three hundred feet of any
27 church, hospital, charitable institution, school, or public
28 playground, or if such new license or transfer is applied for a
29 place which is within two hundred feet of any other premises
30 which is licensed by the board: And provided further, That the
20000S1531B2308 - 5 -
1 board's authority to refuse to grant a license because of its
2 proximity to a church, hospital, charitable institution, public
3 playground or other licensed premises shall not be applicable to
4 license applications submitted for public venues or performing
5 arts facilities: And provided further, That the board shall
6 refuse any application for a new license or the transfer of any
7 license to a new location if, in the board's opinion, such new
8 license or transfer would be detrimental to the welfare, health,
9 peace and morals of the inhabitants of the neighborhood within a
10 radius of five hundred feet of the place proposed to be
11 licensed: And provided further, That prior to July 1, 1996, in
12 any license district in a city of the first class, the board
13 may, in its opinion, refuse any application for a new license or
14 for any person-to-person transfer which shall include a change
15 in stockholders involving ten per centum or more of all
16 outstanding voting stock and/or less than ten per centum of all
17 outstanding voting stock when such change involves a majority or
18 controlling interest, of any license if the licensed premises is
19 or would be within three hundred feet of any church, hospital,
20 charitable institution, school or public playground or within
21 two hundred feet of any other premises licensed by the board and
22 if, in the opinion of the board, the licensed premises is or
23 would be detrimental to the welfare, health, peace and morals of
24 such church, hospital, school, public playground and/or the
25 inhabitants of the neighborhood within a radius of five hundred
26 feet of the licensed premises. This authority to refuse a
27 person-to-person transfer in a city of the first class is in
28 addition to and not in derogation of the authority of the board
29 generally stated for all areas of this Commonwealth: And
30 provided further, That the board shall have the discretion to
20000S1531B2308 - 6 -
1 refuse a license to any person or to any corporation,
2 partnership or association if such person, or any officer or
3 director of such corporation, or any member or partner of such
4 partnership or association shall have been convicted or found
5 guilty of a felony within a period of five years immediately
6 preceding the date of application for the said license. The
7 board shall refuse any application for a new license or the
8 transfer of any license to a location where the sale of liquid
9 fuels or oil is conducted. THE BOARD MAY, IN ITS DISCRETION, <--
10 REFUSE AN APPLICATION FOR AN ECONOMIC DEVELOPMENT LICENSE UNDER
11 SECTION 461(B.1) OR AN APPLICATION FOR AN INTER-MUNICIPAL
12 TRANSFER OF A LICENSE IF THE BOARD RECEIVES A PROTEST FROM THE
13 GOVERNING BODY OF THE RECEIVING MUNICIPALITY. THE RECEIVING
14 MUNICIPALITY OF AN INTER-MUNICIPAL TRANSFER OR AN ECONOMIC
15 DEVELOPMENT LICENSE UNDER SECTION 461(B.1) MAY FILE A PROTEST
16 AGAINST THE TRANSFER OF A LICENSE INTO ITS MUNICIPALITY AND THE
17 RECEIVING MUNICIPALITY SHALL HAVE STANDING IN A HEARING TO
18 PRESENT TESTIMONY IN SUPPORT OF OR AGAINST THE ISSUANCE OR
19 TRANSFER OF A LICENSE. Upon any opening in any quota, an
20 application for a new license shall only be filed with the board
21 for a period of six months following said opening.
22 Section 5. Section 406(a)(7) 406(A)(4) AND (7) of the act, <--
23 added February 18, 1998 (P.L.162, No.25), is amended and the
24 section is amended by adding subsections to read:
25 Section 406. Sales by Liquor Licensees; Restrictions.--(a)
26 * * *
27 (4) HOTEL AND RESTAURANT LIQUOR LICENSEES, AIRPORT <--
28 RESTAURANT LIQUOR LICENSEES, MUNICIPAL GOLF COURSE RESTAURANT
29 LIQUOR LICENSEES AND PRIVATELY-OWNED PUBLIC GOLF COURSE
30 RESTAURANT LICENSEES WHICH DO NOT QUALIFY FOR AND PURCHASE SUCH
20000S1531B2308 - 7 -
1 SPECIAL PERMIT, THEIR SERVANTS, AGENTS OR EMPLOYES MAY SELL
2 LIQUOR AND MALT OR BREWED BEVERAGES ONLY AFTER SEVEN O'CLOCK
3 ANTEMERIDIAN OF ANY DAY AND UNTIL TWO O'CLOCK ANTEMERIDIAN OF
4 THE FOLLOWING DAY, AND SHALL NOT SELL AFTER TWO O'CLOCK
5 ANTEMERIDIAN ON SUNDAY. [NO HOTEL, RESTAURANT AND PUBLIC SERVICE
6 LIQUOR LICENSEE WHICH DOES NOT HAVE THE SPECIAL PERMIT FOR
7 SUNDAY SALES SHALL SELL LIQUOR AND MALT OR BREWED BEVERAGES
8 AFTER TWO O'CLOCK ANTEMERIDIAN ON ANY DAY ON WHICH A GENERAL,
9 MUNICIPAL, SPECIAL OR PRIMARY ELECTION IS BEING HELD UNTIL ONE
10 HOUR AFTER THE TIME FIXED BY LAW FOR CLOSING THE POLLS, EXCEPT,
11 THAT, IN THE CASE OF A SPECIAL ELECTION FOR MEMBERS OF THE
12 GENERAL ASSEMBLY OR MEMBERS OF THE CONGRESS OF THE UNITED
13 STATES, WHEN SUCH SPECIAL ELECTION IS HELD ON OTHER THAN A
14 PRIMARY, MUNICIPAL OR GENERAL ELECTION DAY, LICENSEES IN THOSE
15 LEGISLATIVE OR CONGRESSIONAL DISTRICTS MAY MAKE SUCH SALES, AS
16 THOUGH THE DAY WERE NOT A SPECIAL ELECTION DAY.] NO CLUB
17 LICENSEE OR ITS SERVANTS, AGENTS OR EMPLOYES MAY SELL LIQUOR OR
18 MALT OR BREWED BEVERAGES BETWEEN THE HOURS OF THREE O'CLOCK
19 ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN ON ANY DAY. NO
20 PUBLIC SERVICE LIQUOR LICENSEE OR ITS SERVANTS, AGENTS, OR
21 EMPLOYES MAY SELL LIQUOR OR MALT OR BREWED BEVERAGES BETWEEN THE
22 HOURS OF TWO O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK ANTEMERIDIAN
23 ON ANY DAY.
24 * * *
25 [(7) Notwithstanding any provision of this act, on the
26 Sunday on which the sporting event commonly referred to as the
27 "Super Bowl" is conducted, licensees who do not possess the
28 special annual permit provided for in paragraph (3), their
29 servants, agents or employes may sell liquor and malt or brewed
30 beverages on such Sunday after one o'clock postmeridian and
20000S1531B2308 - 8 -
1 until two o'clock antemeridian of the following day.]
2 * * *
3 (c) Notwithstanding any provision of this act, on the Sunday
4 on which the sporting event commonly referred to as the "Super
5 Bowl" is conducted, licensees who do not possess the special
6 annual permit provided for in subsection (a)(3), their servants,
7 agents or employes may sell liquor and malt or brewed beverages
8 on such Sunday after one o'clock postmeridian and until two
9 o'clock antemeridian of the following day.
10 (d) Subject to section 412, licensed public venues may sell
11 liquor and malt or brewed beverages on Sundays from eleven
12 o'clock antemeridian until eleven o'clock postmeridian MIDNIGHT, <--
13 without the need to acquire or qualify for a special permit. In
14 addition, subject to section 413, licensed performing arts
15 facilities may sell liquor and malt or brewed beverages on
16 Sundays from one o'clock postmeridian until ten o'clock
17 postmeridian without the need to acquire or qualify for a
18 special permit.
19 (e) Licensed public venues and licensed performing arts <--
20 facilities are not subject to any provisions of this act dealing
21 with sales on election days. Sales on election days may occur in
22 the same manner as if no election were being conducted on that
23 day.
24 Section 6. Sections 408.1, 408.2, 408.3, 408.5, 408.6,
25 408.7, 408.8, 408.9, 408.10, 408.11, 408.13, 408.14 and 408.15 <--
26 of the act are repealed.
27 Section 7. The act is amended by adding sections to read:
28 Section 412. Public Venue License.--(a) The board is
29 authorized to issue a restaurant liquor license to public
30 venues. Any facility licensed under former sections 408.1,
20000S1531B2308 - 9 -
1 408.2, 408.5, 408.8, 408.9, 408.10, 408.11, 408.14, 408.15 and
2 433.1 as well as any facility that meets the definition of a
3 public venue may apply for and receive a restaurant liquor
4 license under this section. Facilities used primarily for
5 interscholastic athletic events shall not be eligible for a
6 license under this section. Racetracks and premises used
7 primarily for holding automobile races shall also not be
8 eligible for a license under this section.
9 (b) An application for a restaurant liquor license under
10 this section may be made by the owner of the public venue, a
11 nonprofit corporation operating the public venue or by a
12 concessionaire designated by the governing body of either the
13 owner of the public venue or the nonprofit corporation. The
14 application and issuance of the license is subject to sections
15 403 and 404, unless otherwise stated. The licensing period shall
16 be as set forth by the board under section 402. The application,
17 renewal and filing fees shall be as prescribed in section 614-
18 A(25) of the act of April 9, 1929 (P.L.177, No.175), known as
19 "The Administrative Code of 1929." For the purposes of this
20 section, a nonprofit corporation is an entity incorporated under
21 the nonprofit corporation laws for the purpose of benefiting the
22 public and not for the purpose of benefiting its members.
23 (c) Licenses issued under this section are nontransferable.
24 (d) Licenses under this section shall expire upon: (1)
25 revocation by an administrative law judge under section 471; (2)
26 nonrenewal by the board under section 470; (3) nonrenewal of the
27 license by the license holder; (4) termination of the contract
28 between the owner of the public venue and its concessionaire; or
29 (5) termination of the contract between a nonprofit corporation
30 and its concessionaire.
20000S1531B2308 - 10 -
1 (e) The board may issue a license under this section at any
2 time to a new applicant even if the previous license had: (1)
3 been revoked by an administrative law judge under section 471;
4 (2) not been renewed by the board under section 470; (3) not
5 been renewed by the license holder; (4) expired because of the
6 termination of the contract between the owner of the public
7 venue and its concessionaire; or (5) expired because of the
8 termination of the contract between the nonprofit corporation
9 and its concessionaire.
10 (f) Licenses issued under this section are to be considered
11 restaurant liquor licenses. However, the following additional
12 restrictions and privileges apply:
13 (1) Sales may only be made one hour before, during and one
14 hour after any athletic performance, performing arts event,
15 trade show, convention, banquet or any other performance at the
16 facility; however, sales may not be made from two o'clock
17 antemeridian to seven o'clock antemeridian. In addition, sales
18 may not occur prior to eleven o'clock antemeridian or after <--
19 eleven o'clock postmeridian on Sundays ON SUNDAYS OR SEVEN <--
20 O'CLOCK ANTEMERIDIAN ON MONDAYS. Notwithstanding this section,
21 facilities that had been licensed under sections 408.9 and
22 408.14 may sell liquor and/or malt or brewed beverages anytime
23 except from two o'clock antemeridian to seven o'clock
24 antemeridian or prior to eleven o'clock antemeridian or after <--
25 eleven o'clock postmeridian on Sundays ON SUNDAYS OR SEVEN <--
26 O'CLOCK ANTEMERIDIAN ON MONDAYS, regardless of whether there is
27 a performance at the facility.
28 (2) Sales of alcoholic beverages before, during and after
29 all professional and amateur athletic events on the premises
30 shall be limited to sales of malt or brewed beverages in
20000S1531B2308 - 11 -
1 shatterproof containers. Sales of alcoholic beverages before,
2 during and after performing arts events or other entertainment
3 events may consist of liquor or malt or brewed beverages in
4 shatterproof containers. Sales during trade shows, conventions,
5 banquets or at other events, or sales made in the club seats or
6 at a restaurant facility, may consist of liquor or malt or
7 brewed beverages in any type of container; however, any liquor
8 or malt or brewed beverages sold in the club seats or restaurant
9 facility must remain in the club seating level or restaurant
10 facility. For purposes of this section, a club seat is any
11 seating located on the designated club seating level and
12 partitioned from general seating by a wall, divider, partial
13 wall or railing. The club seating level must not be accessible
14 by the general public. The board's records shall clearly
15 delineate where the sale of liquor or malt or brewed beverages
16 in any type of container may occur.
17 (3) Sales of malt or brewed beverages for off-premises
18 consumption are prohibited.
19 (4) Licenses issued under this section shall not be subject
20 to: (i) the proximity provisions of sections 402 and 404; (ii)
21 the quota restrictions of section 461; (iii) the provisions of
22 section 463; (iv) the provisions of section 493(10) except as
23 they relate to lewd, immoral or improper entertainment; and (v)
24 the prohibition against minors frequenting as described in
25 section 493(14). In addition, licenses issued under this section
26 shall not be subject to the provisions defining "restaurant" in
27 section 102.
28 Section 413. Performing Arts Facility License.--(a) The
29 board is authorized to issue a restaurant liquor license to
30 performing arts facilities. Any facility which previously had
20000S1531B2308 - 12 -
1 been licensed under former sections 408.3, 408.6 and 408.7 as
2 well as any facility that meets the definition of a performing
3 arts facility as set forth in section 102 may apply for and
4 receive a restaurant liquor license under this section.
5 Facilities eligible to be licensed under section 412 and which
6 are used primarily for athletic events shall not be eligible for
7 a license under this section unless those facilities had
8 previously been licensed under former sections 408.3, 408.6 and
9 408.7. Facilities used primarily for interscholastic athletic
10 events shall not be eligible for a license under this section.
11 (b) An application for a restaurant liquor license under
12 this section may be made by the nonprofit operator of the <--
13 performing arts facility, or by a concessionaire designated by
14 the governing body of the nonprofit operator of the performing <--
15 arts facility. The licensing period shall be as set forth by the
16 board under section 402. The application and issuance of the
17 license are subject to sections 403 and 404, unless otherwise
18 stated. The application, renewal and filing fees shall be as
19 prescribed in section 614-A(19) of the act of April 9, 1929
20 (P.L.177, No.175), known as "The Administrative Code of 1929."
21 (c) Licenses issued under this section are nontransferable.
22 (d) Licenses under this section shall expire upon: (1)
23 revocation by an administrative law judge under section 471; (2)
24 nonrenewal by the board under section 470; (3) nonrenewal of the
25 license by the license holder; (4) termination of the contract
26 between the owner of the public venue and its concessionaire; or
27 (5) termination of the contract between a nonprofit corporation <--
28 and its concessionaire.
29 (e) The board may issue a license under this section at any
30 time to a new applicant even if the previous license had: (1)
20000S1531B2308 - 13 -
1 been revoked by an administrative law judge under section 471;
2 (2) not been renewed by the board under section 470; (3) not
3 been renewed by the license holder; (4) expired because of the
4 termination of the contract between the owner of the public
5 venue and its concessionaire; or (5) expired because of the
6 termination of the contract between the nonprofit corporation <--
7 and its concessionaire.
8 (f) Licenses issued under this section are to be considered
9 restaurant liquor licenses. However, the following additional
10 restrictions and privileges apply:
11 (1) Sales of liquor and malt or brewed beverages may be made
12 two hours before, during and one hour after any performance at
13 the facility; however, sales may not be made from two o'clock
14 antemeridian to seven o'clock antemeridian. In addition, sales
15 may not occur prior to one o'clock postmeridian or after ten
16 o'clock postmeridian on Sundays. However, facilities that had
17 been licensed under section 408.3(a) and 408.3(a.2) may sell
18 liquor and malt or brewed beverages anytime except from two
19 o'clock antemeridian to seven o'clock antemeridian or prior to
20 one o'clock postmeridian or after ten o'clock postmeridian on
21 Sundays, regardless of whether there is a performance at the
22 facility.
23 (2) Sales of malt or brewed beverages for off-premises
24 consumption are prohibited.
25 (g) Licenses issued under this section shall not be subject
26 to: (1) the proximity provisions of sections 402 and 404; (2)
27 the quota restrictions of section 461; (3) the provisions of
28 section 463; (4) the provisions of section 493(10) except as
29 they relate to lewd, immoral or improper entertainment; and (5)
30 the prohibitions against minors frequenting as described in
20000S1531B2308 - 14 -
1 section 493(14). In addition, licenses issued under this section
2 shall not be subject to the provisions defining "restaurant" in
3 section 102.
4 (h) For the purpose of this section, a facility is used
5 primarily for athletic events if the majority of the events that
6 occur at the facility are athletic events or if the facility is
7 the home facility of a professional sports team.
8 SECTION 7.1. SECTION 432(D) AND (F) OF THE ACT, AMENDED <--
9 APRIL 29, 1994 (P.L.212, NO. 30) AND MAY 31, 1996 (P.L.312,
10 NO.49), ARE AMENDED TO READ:
11 SECTION 432. MALT AND BREWED BEVERAGES RETAIL LICENSES.--* *
12 *
13 (D) THE BOARD SHALL, IN ITS DISCRETION, GRANT OR REFUSE ANY
14 NEW LICENSE OR THE TRANSFER OF ANY LICENSE TO A NEW LOCATION IF
15 SUCH PLACE PROPOSED TO BE LICENSED IS WITHIN THREE HUNDRED FEET
16 OF ANY CHURCH, HOSPITAL, CHARITABLE INSTITUTION, SCHOOL, OR
17 PUBLIC PLAYGROUND, OR IF SUCH NEW LICENSE OR TRANSFER IS APPLIED
18 FOR A PLACE WHICH IS WITHIN TWO HUNDRED FEET OF ANY OTHER
19 PREMISES WHICH IS LICENSED BY THE BOARD. THE BOARD SHALL REFUSE
20 ANY APPLICATION FOR A NEW LICENSE OR THE TRANSFER OF ANY LICENSE
21 TO A NEW LOCATION IF, IN THE BOARD'S OPINION, SUCH NEW LICENSE
22 OR TRANSFER WOULD BE DETRIMENTAL TO THE WELFARE, HEALTH, PEACE
23 AND MORALS OF THE INHABITANTS OF THE NEIGHBORHOOD WITHIN A
24 RADIUS OF FIVE HUNDRED FEET OF THE PLACE TO BE LICENSED. THE
25 BOARD SHALL REFUSE ANY APPLICATION FOR A NEW LICENSE OR THE
26 TRANSFER OF ANY LICENSE TO A LOCATION WHERE THE SALE OF LIQUID
27 FUELS OR OIL IS CONDUCTED: AND PROVIDED FURTHER, THAT THE BOARD
28 SHALL HAVE THE DISCRETION TO REFUSE A LICENSE TO ANY PERSON OR
29 TO ANY CORPORATION, PARTNERSHIP OR ASSOCIATION IF SUCH PERSON,
30 OR ANY OFFICER OR DIRECTOR OF SUCH CORPORATION, OR ANY MEMBER OR
20000S1531B2308 - 15 -
1 PARTNER OF SUCH PARTNERSHIP OR ASSOCIATION SHALL HAVE BEEN
2 CONVICTED OR FOUND GUILTY OF A FELONY WITHIN A PERIOD OF FIVE
3 YEARS IMMEDIATELY PRECEDING THE DATE OF APPLICATION FOR THE SAID
4 LICENSE. THE BOARD MAY, IN ITS DISCRETION, REFUSE AN APPLICATION
5 FOR AN ECONOMIC DEVELOPMENT LICENSE UNDER SECTION 461(B.1) OR AN
6 APPLICATION FOR AN INTER-MUNICIPAL TRANSFER OR A LICENSE IF THE
7 BOARD RECEIVES A PROTEST FROM THE GOVERNING BODY OF THE
8 RECEIVING MUNICIPALITY. THE RECEIVING MUNICIPALITY OF AN INTER-
9 MUNICIPAL TRANSFER OF OR AN ECONOMIC DEVELOPMENT LICENSE UNDER <--
10 SECTION 461(B.1), MAY FILE A PROTEST AGAINST THE APPROVAL FOR
11 ISSUANCE OF A LICENSE FOR ECONOMIC DEVELOPMENT OR AN INTER-
12 MUNICIPAL TRANSFER OF A LICENSE INTO ITS MUNICIPALITY AND SUCH
13 MUNICIPALITIES MUNICIPALITY SHALL HAVE STANDING IN A HEARING TO <--
14 PRESENT TESTIMONY IN SUPPORT OF OR AGAINST THE ISSUANCE OR
15 TRANSFER OF A LICENSE. UPON ANY OPENING IN ANY QUOTA, AN
16 APPLICATION FOR A NEW LICENSE SHALL ONLY BE FILED WITH THE BOARD
17 FOR A PERIOD OF SIX MONTHS FOLLOWING SAID OPENING.
18 * * *
19 (F) HOTEL, EATING PLACES, OR MUNICIPAL GOLF COURSE RETAIL
20 DISPENSER LICENSEES WHOSE SALES OF FOOD AND NONALCOHOLIC
21 BEVERAGES ARE EQUAL TO THIRTY PER CENTUM (30%) OR MORE OF THE
22 COMBINED GROSS SALES OF BOTH FOOD AND MALT OR BREWED BEVERAGES
23 MAY SELL MALT OR BREWED BEVERAGES BETWEEN THE HOURS OF ELEVEN
24 O'CLOCK ANTEMERIDIAN ON SUNDAY AND TWO O'CLOCK ANTEMERIDIAN ON
25 MONDAY UPON PURCHASE OF A SPECIAL PERMIT FROM THE BOARD AT AN
26 ANNUAL FEE AS PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9,
27 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF
28 1929," WHICH SHALL BE IN ADDITION TO ANY OTHER LICENSE FEES.
29 [PROVIDED FURTHER, THE HOLDER OF SUCH SPECIAL PERMIT MAY SELL
30 MALT OR BREWED BEVERAGES AFTER SEVEN O'CLOCK ANTEMERIDIAN AND
20000S1531B2308 - 16 -
1 UNTIL TWO O'CLOCK ANTEMERIDIAN OF THE FOLLOWING DAY, ON ANY DAY
2 ON WHICH A GENERAL, MUNICIPAL, SPECIAL OR PRIMARY ELECTION IS
3 BEING HELD.]
4 Section 8. Section 433.1 of the act is repealed.
5 Section 9. Section 461(a) 461 HEADING, (A) AND (B) of the <--
6 act, amended November 10, 1999 (P.L.514, No.47), is amended AND <--
7 THE SECTION IS AMENDED BY ADDING SUBSECTIONS to read:
8 Section 461. Limiting Number of Retail Licenses To Be Issued
9 In Each [Municipality] COUNTY.--(a) [No licenses shall <--
10 hereafter be granted by the board for the retail sale of malt or
11 brewed beverages or the retail sale of liquor and malt or brewed
12 beverages in excess of one of such licenses of any class for
13 each three thousand inhabitants in any municipality, exclusive
14 of licenses granted to public venues, performing arts <--
15 facilities, airport restaurants, municipal golf courses, hotels,
16 privately-owned public golf courses and units of nonprofit
17 nationally chartered clubs, as defined in this section, whose
18 applications are filed on or before June 30, 2000, and except
19 those units falling under section 461.1, and clubs; but at least
20 one such license may be granted in each municipality and in each
21 part of a municipality where such municipality is split so that
22 each part thereof is separated by another municipality, except
23 in municipalities where the electors have voted against the
24 granting of any retail licenses and except in that part of a
25 split municipality where the electors have voted against the
26 granting of any retail licenses. Nothing contained in this
27 section shall be construed as denying the right to the board to
28 renew or to transfer existing retail licenses of any class
29 notwithstanding that the number of such licensed places in a
30 municipality shall exceed the limitation hereinbefore
20000S1531B2308 - 17 -
1 prescribed; but where such number exceeds the limitation
2 prescribed by this section, no new license, except for hotels,
3 municipal golf courses, public venues, performing arts <--
4 facilities, airport restaurants, privately-owned public golf
5 courses, privately-owned private golf course licensees and units
6 of nonprofit nationally chartered clubs, as defined in this
7 section, whose applications are filed on or before June 30,
8 2000, and except those units falling under section 461.1, shall
9 be granted so long as said limitation is exceeded.] NO <--
10 ADDITIONAL RESTAURANT, EATING PLACE RETAIL DISPENSER OR CLUB
11 LICENSES SHALL BE ISSUED WITHIN THE A COUNTY IF THE TOTAL NUMBER <--
12 OF RESTAURANT AND EATING PLACE RETAIL DISPENSER LICENSES IS
13 GREATER THAN ONE LICENSE FOR EACH THREE THOUSAND INHABITANTS IN
14 THE COUNTY. THE BOARD MAY ISSUE A LICENSE TO A CLUB SITUATED IN <--
15 A BOROUGH HAVING A POPULATION LESS THAN EIGHT THOUSAND
16 INHABITANTS WHICH IS LOCATED IN A COUNTY OF THE SECOND CLASS A
17 WHOSE APPLICATION IS FILED ON OR BEFORE JANUARY 31, 2001; AND
18 THE COUNTY, EXCEPT THE BOARD MAY ISSUE LICENSES TO PUBLIC <--
19 VENUES, PERFORMING ARTS FACILITIES, AIRPORT RESTAURANTS,
20 MUNICIPAL GOLF COURSES, HOTEL, PRIVATELY OWNED PRIVATE GOLF
21 COURSES, PRIVATELY OWNED PUBLIC GOLF COURSES AND TO ANY OTHER
22 ENTITY WHICH THIS ACT SPECIFICALLY EXEMPTS FROM THE LIMITATIONS
23 PROVIDED IN THIS SECTION, AND THE BOARD MAY ISSUE A LICENSE TO A <--
24 CLUB SITUATED IN A BOROUGH HAVING A POPULATION LESS THAN EIGHT
25 THOUSAND INHABITANTS WHICH IS LOCATED IN A COUNTY OF THE SECOND
26 CLASS A WHOSE APPLICATION IS FILED ON OR BEFORE FEBRUARY 28,
27 2001. WHEN DETERMINING THE NUMBER OF RESTAURANT AND EATING PLACE
28 RETAIL DISPENSER LICENSES ISSUED IN A COUNTY FOR THE PURPOSES OF
29 THIS SECTION, LICENSES EXEMPTED FROM THIS LIMITATION AND CLUB
30 LICENSES SHALL NOT BE CONSIDERED. INHABITANTS OF DRY
20000S1531B2308 - 18 -
1 MUNICIPALITIES SHALL BE CONSIDERED WHEN DETERMINING THE
2 POPULATION IN A COUNTY. LICENSES SHALL NOT BE ISSUED OR
3 TRANSFERRED INTO MUNICIPALITIES WHERE SUCH LICENSES ARE
4 PROHIBITED PURSUANT TO LOCAL REFERENDUM IN ACCORDANCE WITH
5 SECTION 472. LICENSES APPROVED FOR INTER-MUNICIPAL TRANSFER MAY
6 NOT BE TRANSFERRED FROM THE RECEIVING MUNICIPALITY FOR A PERIOD
7 OF FIVE YEARS AFTER THE DATE THAT THE LICENSED PREMISES ARE
8 OPERATIONAL IN THE RECEIVING MUNICIPALITY.
9 [(B) THE BOARD SHALL HAVE THE POWER TO INCREASE THE NUMBER
10 OF LICENSES IN ANY SUCH MUNICIPALITY WHICH IN THE OPINION OF THE
11 BOARD IS LOCATED WITHIN A RESORT AREA.]
12 (B.1) THE BOARD MAY ISSUE RESTAURANT AND EATING PLACE RETAIL
13 DISPENSER LICENSES AND RENEW LICENSES ISSUED UNDER THIS
14 SUBSECTION WITHOUT REGARD TO THE QUOTA RESTRICTIONS SET FORTH IN
15 SUBSECTION (A) FOR THE PURPOSE OF ECONOMIC DEVELOPMENT IN A
16 MUNICIPALITY UNDER THE FOLLOWING CONDITIONS:
17 (1) A LICENSE MAY ONLY BE ISSUED UNDER THIS SUBSECTION IF
18 THE APPLICANT HAS EXHAUSTED REASONABLE MEANS FOR OBTAINING A
19 SUITABLE LICENSE WITHIN THE COUNTY.
20 (2) THE PROPOSED LICENSED PREMISES MUST BE LOCATED WITHIN
21 EITHER OF THE FOLLOWING:
22 (I) A KEYSTONE OPPORTUNITY ZONE ESTABLISHED UNDER THE
23 AUTHORITY OF THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN
24 AS THE "PENNSYLVANIA KEYSTONE OPPORTUNITY ZONE ACT," OR AN AREA
25 DESIGNATED AS AN ENTERPRISE ZONE BY THE DEPARTMENT OF COMMUNITY
26 AND ECONOMIC DEVELOPMENT.
27 (II) A MUNICIPALITY IN WHICH THE ISSUANCE OF A RESTAURANT OR
28 EATING PLACE RETAIL DISPENSER LICENSE HAS BEEN APPROVED BY THE
29 GOVERNING BODY OF THE MUNICIPALITY FOR THE PURPOSE OF LOCAL
30 ECONOMIC DEVELOPMENT. UPON REQUEST FOR APPROVAL OF AN ECONOMIC
20000S1531B2308 - 19 -
1 DEVELOPMENT LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING
2 SHALL BE HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF
3 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS
4 RESIDING WITHIN THE MUNICIPALITY, CONCERNING THE APPLICANT'S
5 INTENT TO ACQUIRE AN ECONOMIC DEVELOPMENT LICENSE FROM THE
6 PENNSYLVANIA LIQUOR CONTROL BOARD. THE GOVERNING BODY SHALL,
7 WITHIN 45 DAYS OF A REQUEST FOR APPROVAL, RENDER A DECISION BY
8 ORDINANCE OR RESOLUTION TO APPROVE OR DISAPPROVE THE APPLICANT'S
9 REQUEST FOR AN ECONOMIC DEVELOPMENT LICENSE. THE MUNICIPALITY
10 MUST APPROVE THE REQUEST UNLESS IT FINDS THAT DOING SO WOULD
11 ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE AND MORAL MORALS OF <--
12 THE MUNICIPALITY OR ITS RESIDENTS. A DECISION BY THE GOVERNING
13 BODY OF THE MUNICIPALITY TO DENY THE REQUEST MAY BE APPEALED TO
14 THE COURT OF COMMON PLEAS, IN THE COUNTY IN WHICH THE
15 MUNICIPALITY IS LOCATED. A COPY OF THE APPROVAL MUST BE
16 SUBMITTED WITH THE LICENSE APPLICATION.
17 (3) THE BOARD MAY ISSUE NO MORE THAN TWO LICENSES TOTAL IN
18 EACH COUNTY OF THE FIRST THROUGH FOURTH CLASS AND NO MORE THAN
19 ONE LICENSE TOTAL IN EACH COUNTY OF THE FIFTH THROUGH EIGHTH
20 CLASS, PER CALENDAR YEAR.
21 (4) AN APPLICANT UNDER THIS SUBSECTION SHALL BE REQUIRED TO
22 SELL FOOD AND NON-ALCOHOLIC BEVERAGES EQUAL TO SEVENTY PER
23 CENTUM (70%) OR MORE OF ITS COMBINED GROSS SALES OF FOOD AND
24 ALCOHOLIC BEVERAGES.
25 (5) IN ADDITION TO LICENSE FEES PROVIDED UNDER EXISTING LAW
26 FOR THE TYPE OF LICENSE ISSUED, AN APPLICANT SHALL BE REQUIRED
27 TO PAY AN INITIAL APPLICATION SURCHARGE AS FOLLOWS:
28 (I) FIFTY THOUSAND DOLLARS ($50,000) IF THE LICENSED
29 PREMISES IS LOCATED IN A COUNTY OF THE FIRST THROUGH FOURTH
30 CLASS.
20000S1531B2308 - 20 -
1 (II) TWENTY-FIVE THOUSAND DOLLARS ($25,000) IF THE LICENSED
2 PREMISES IS LOCATED IN A COUNTY OF THE FIFTH THROUGH EIGHTH
3 CLASS. THE INITIAL APPLICATION SURCHARGE SHALL BE REFUNDED TO <--
4 THE APPLICANT IF THE BOARD REFUSES TO ISSUE A PROVISIONAL
5 LICENSE UNDER SUBSECTION (B.2).
6 (III) THE INITIAL APPLICATION SURCHARGE SHALL BE REFUNDED TO <--
7 THE APPLICANT IF THE BOARD REFUSES TO ISSUE A PROVISIONAL
8 LICENSE UNDER SUBSECTION (B.2). OTHERWISE THE INITIAL
9 APPLICATION SURCHARGE SHALL BE CREDITED TO THE STATE STORES
10 FUND.
11 (6) A LICENSE ISSUED UNDER THIS SUBSECTION AND A PROVISIONAL
12 LICENSE ISSUED UNDER SUBSECTION (B.2) SHALL BE NONTRANSFERABLE
13 WITH REGARD TO OWNERSHIP OR LOCATION.
14 (7) AN APPEAL OF THE BOARD'S DECISION REFUSING TO GRANT OR
15 RENEW A LICENSE UNDER THIS SUBSECTION SHALL NOT ACT AS A
16 SUPERSEDEAS OF THE DECISION OF THE BOARD IF THE DECISION IS
17 BASED, IN WHOLE OR IN PART, ON THE LICENSEE'S FAILURE TO
18 DEMONSTRATE THAT ITS FOOD AND NON-ALCOHOLIC BEVERAGES WERE AT
19 LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS SALES OF
20 FOOD AND ALCOHOLIC BEVERAGES
21 (8) A LICENSE ISSUED UNDER THIS SUBSECTION MAY NOT BE
22 VALIDATED OR RENEWED UNLESS THE LICENSEE CAN ESTABLISH THAT ITS
23 SALE OF FOOD AND NON-ALCOHOLIC BEVERAGES DURING THE LICENSE TERM <--
24 YEAR IMMEDIATELY PRECEDING APPLICATION FOR VALIDATION OR RENEWAL <--
25 IS EQUAL TO SEVENTY PER CENTUM (70%) OR MORE OF ITS FOOD AND
26 ALCOHOLIC BEVERAGE SALES.
27 (B.2) QUALIFIED APPLICANTS UNDER SUBSECTION (B) SHALL
28 RECEIVE A PROVISIONAL LICENSE FOR ONE HUNDRED TWENTY DAYS,
29 EXCLUSIVE OF PERIODS OF SAFEKEEPING. AFTER NINETY DAYS FROM THE
30 DATE OF ISSUANCE, THE LICENSEE MAY FILE AN APPLICATION FOR A
20000S1531B2308 - 21 -
1 PERMANENT LICENSE. A LICENSE SHALL BE ISSUED IF THE LICENSEE
2 ESTABLISHES THAT FOR NINETY CONSECUTIVE DAYS FROM THE DATE OF
3 INITIAL ISSUE, ITS SALES OF FOOD AND NON-ALCOHOLIC BEVERAGES IS
4 EQUAL TO AT LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS
5 SALES OF FOOD AND ALCOHOLIC BEVERAGES. LICENSEES SHALL NOT BE
6 SUBJECT TO CITATION BY THE ENFORCEMENT BUREAU FOR A VIOLATION OF
7 THE REQUIREMENT THAT FOOD AND NON-ALCOHOLIC BEVERAGES EQUAL AT
8 LEAST SEVENTY PER CENTUM (70%) OF THE COMBINED GROSS SALES OF
9 FOOD AND ALCOHOLIC BEVERAGES DURING THE PROVISIONAL LICENSING
10 PERIOD.
11 (B.3) AN INTER-MUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE
12 OF A LICENSE FOR ECONOMIC DEVELOPMENT UNDER SUBSECTION
13 (B.1)(2)(I) MUST FIRST BE APPROVED BY THE GOVERNING BODY OF THE
14 RECEIVING MUNICIPALITY WHEN THE TOTAL NUMBER OF EXISTING
15 RESTAURANT LIQUOR LICENSES AND EATING PLACE RETAIL DISPENSER
16 LICENSES EXCEED ONE LICENSE PER THREE THOUSAND INHABITANTS.
17 APPROVAL BY THE GOVERNING BODY SHALL BE IN THE MANNER SET FORTH <--
18 FOR MUNICIPAL APPROVAL OF ECONOMIC DEVELOPMENT LICENSES UNDER
19 SUBSECTION (B.1)(2)(II). AN APPEAL OF A DENIAL FOR APPROVAL OF A
20 TRANSFER SHALL BE IN THE SAME MANNER AS SET FORTH FOR DENIAL OF
21 A MUNICIPAL APPROVAL OF AN ECONOMIC DEVELOPMENT LICENSE UNDER
22 SUBSECTION (B.1)(2)(II). A COPY OF THE APPROVAL MUST BE
23 SUBMITTED WITH THE LICENSE APPLICATION. UPON REQUEST FOR <--
24 APPROVAL OF AN INTER-MUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE
25 OF AN ECONOMIC DEVELOPMENT LICENSE BY AN APPLICANT, AT LEAST ONE
26 PUBLIC HEARING SHALL BE HELD BY THE MUNICIPAL GOVERNING BODY FOR
27 THE PURPOSE OF RECEIVING COMMENTS AND RECOMMENDATIONS OF
28 INTERESTED INDIVIDUALS RESIDING WITHIN THE MUNICIPALITY,
29 CONCERNING THE APPLICANT'S INTENT TO TRANSFER A LICENSE INTO THE
30 MUNICIPALITY OR ACQUIRE AN ECONOMIC DEVELOPMENT LICENSE FROM THE
20000S1531B2308 - 22 -
1 PENNSYLVANIA LIQUOR CONTROL BOARD. THE GOVERNING BODY SHALL,
2 WITHIN FORTY-FIVE DAYS OF A REQUEST FOR APPROVAL, RENDER A
3 DECISION BY ORDINANCE OR RESOLUTION TO APPROVE OR DISAPPROVE THE
4 APPLICANT'S REQUEST FOR AN ECONOMIC DEVELOPMENT LICENSE. THE
5 MUNICIPALITY MUST APPROVE THE REQUEST UNLESS IT FINDS THAT DOING
6 SO WOULD ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE AND MORALS
7 OF THE MUNICIPALITY OR ITS RESIDENTS. A DECISION BY THE
8 GOVERNING BODY OF THE MUNICIPALITY TO DENY THE REQUEST MAY BE
9 APPEALED TO THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH THE
10 MUNICIPALITY IS LOCATED. A COPY OF THE APPROVAL MUST BE
11 SUBMITTED WITH THE LICENSE APPLICATION.
12 * * *
13 SECTION 9.1 SECTION 461.1(A) OF THE ACT, AMENDED JUNE 18,
14 1998 (P.L.664, NO.86), IS AMENDED TO READ:
15 SECTION 461.1. INCORPORATED UNITS OF NATIONAL VETERANS'
16 ORGANIZATIONS.--(A) THE BOARD SHALL HAVE THE AUTHORITY TO ISSUE
17 NEW LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
18 ORGANIZATIONS, AS DEFINED HEREIN, IN [MUNICIPALITIES] COUNTIES
19 WHERE THE NUMBER OF LICENSES EXCEEDS THE LIMITATION PRESCRIBED
20 BY SECTION 461.
21 * * *
22 Section 10. Sections 463 and 470 of the act are SECTION 463 <--
23 OF THE ACT IS amended by adding subsections to read:
24 Section 463. Places of Amusement Not To Be Licensed;
25 Penalty.--* * *
26 (a.3) Nothing contained in subsection (a) or in section 102
27 shall be construed as denying to the board the right to grant a
28 new retail dispenser license for on premises sales only,
29 regardless of quota restrictions, to the owner or operator of a
30 facility having a minimum of a one-half mile asphalt track and
20000S1531B2308 - 23 -
1 having a permanent seating capacity of at least six thousand
2 used principally for holding automobile races.
3 * * *
4 (c) This section is not applicable to public venues or
5 performing arts facilities licensed under sections 412 and 413.
6 SECTION 10.1. SECTION 464 OF THE ACT, AMENDED OCTOBER 5, <--
7 1994 (P.L.522, NO.77), IS AMENDED TO READ:
8 SECTION 464. HEARINGS UPON REFUSAL OF LICENSES, RENEWALS OR
9 TRANSFERS; APPEALS.--THE BOARD MAY OF ITS OWN MOTION, AND SHALL
10 UPON THE WRITTEN REQUEST OF ANY APPLICANT FOR CLUB, HOTEL OR
11 RESTAURANT LIQUOR LICENSE, OR ANY APPLICANT FOR ANY MALT OR
12 BREWED BEVERAGE LICENSE OTHER THAN A PUBLIC SERVICE LICENSE, OR
13 FOR RENEWAL OR TRANSFER THEREOF, OR FOR THE RENEWAL OF AN
14 AMUSEMENT PERMIT, WHOSE APPLICATION FOR SUCH LICENSE, RENEWAL OR
15 TRANSFER, OR THE RENEWAL OF AN AMUSEMENT PERMIT, HAS BEEN
16 REFUSED, FIX A TIME AND PLACE FOR HEARING OF SUCH APPLICATION
17 FOR LICENSE OR FOR RENEWAL OR TRANSFER THEREOF, OR THE RENEWAL
18 OF AN AMUSEMENT PERMIT, NOTICE OF WHICH HEARING SHALL BE MAILED
19 TO THE APPLICANT AT THE ADDRESS GIVEN IN HIS APPLICATION. SUCH
20 HEARING SHALL BE BEFORE A HEARING EXAMINER DESIGNATED BY THE
21 BOARD. AT SUCH HEARING, THE BOARD SHALL PRESENT ITS REASONS FOR
22 ITS REFUSAL OR WITHHOLDING OF LICENSE, RENEWAL OR TRANSFER
23 THEREOF, OR ITS REFUSAL FOR RENEWAL OF AN AMUSEMENT PERMIT. THE
24 APPLICANT MAY APPEAR IN PERSON OR BY COUNSEL, MAY CROSS-EXAMINE
25 THE WITNESSES FOR THE BOARD AND MAY PRESENT EVIDENCE WHICH SHALL
26 LIKEWISE BE SUBJECT TO CROSS-EXAMINATION BY THE BOARD. SUCH
27 HEARING SHALL BE STENOGRAPHICALLY RECORDED. THE HEARING EXAMINER
28 SHALL THEREAFTER REPORT, WITH THE EXAMINER'S RECOMMENDATION, TO
29 THE BOARD IN EACH CASE. THE BOARD SHALL THEREUPON GRANT OR
30 REFUSE THE LICENSE, RENEWAL OR TRANSFER THEREOF OR THE RENEWAL
20000S1531B2308 - 24 -
1 OF AN AMUSEMENT PERMIT. IN CONSIDERING THE RENEWAL OF A LICENSE
2 OR AMUSEMENT PERMIT, THE BOARD SHALL NOT REFUSE ANY SUCH RENEWAL
3 ON THE BASIS OF THE PROPRIETY OF THE ORIGINAL ISSUANCE OR ANY
4 PRIOR RENEWAL OF SUCH LICENSE OR AMUSEMENT PERMIT. IF THE BOARD
5 SHALL REFUSE SUCH LICENSE, RENEWAL OR TRANSFER OR THE RENEWAL OF
6 AN AMUSEMENT PERMIT, FOLLOWING SUCH HEARING, NOTICE IN WRITING
7 OF SUCH REFUSAL SHALL BE MAILED TO THE APPLICANT AT THE ADDRESS
8 GIVEN IN HIS APPLICATION. IN ALL SUCH CASES, THE BOARD SHALL
9 FILE OF RECORD AT LEAST A BRIEF STATEMENT IN THE FORM OF AN
10 OPINION OF THE REASONS FOR THE RULING OR ORDER AND FURNISH A
11 COPY THEREOF TO THE APPLICANT. ANY APPLICANT WHO HAS APPEARED AT
12 ANY HEARING, AS ABOVE PROVIDED, WHO IS AGGRIEVED BY THE REFUSAL
13 OF THE BOARD TO ISSUE ANY SUCH LICENSE OR TO RENEW OR TRANSFER
14 ANY SUCH LICENSE OR TO RENEW ANY AMUSEMENT PERMIT MAY APPEAL, OR
15 ANY CHURCH, HOSPITAL, CHARITABLE INSTITUTION, SCHOOL OR PUBLIC
16 PLAYGROUND LOCATED WITHIN THREE HUNDRED FEET OF THE PREMISES
17 APPLIED FOR, AGGRIEVED BY THE ACTION OF THE BOARD IN GRANTING
18 THE ISSUANCE OF ANY SUCH LICENSE OR THE TRANSFER OF ANY SUCH
19 LICENSE, MAY TAKE AN APPEAL LIMITED TO THE QUESTION OF SUCH
20 GRIEVANCE, WITHIN TWENTY DAYS FROM DATE OF REFUSAL OR GRANT, TO
21 THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PREMISES OR
22 PERMIT APPLIED FOR IS LOCATED. IF THE APPLICATION IS FOR AN
23 ECONOMIC DEVELOPMENT LICENSE UNDER SECTION 461(A.1) 461(B.1) OR <--
24 THE INTER-MUNICIPAL TRANSFER OF A LICENSE, THE GOVERNING BODY OF
25 THE MUNICIPALITY RECEIVING THE NEW LICENSE OR THE TRANSFERRED
26 LICENSE MAY FILE AN APPEAL OF THE BOARD DECISION GRANTING THE
27 LICENSE, WITHIN TWENTY DAYS OF THE DATE OF THE BOARD'S DECISION,
28 TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PROPOSED
29 PREMISES IS LOCATED. SUCH APPEAL SHALL BE UPON PETITION OF THE
30 AGGRIEVED PARTY, WHO SHALL SERVE A COPY THEREOF UPON THE BOARD,
20000S1531B2308 - 25 -
1 WHEREUPON A HEARING SHALL BE HELD UPON THE PETITION BY THE COURT
2 UPON TEN DAYS' NOTICE TO THE BOARD. THE SAID APPEAL SHALL ACT AS
3 A SUPERSEDEAS UNLESS UPON SUFFICIENT CAUSE SHOWN THE COURT SHALL
4 DETERMINE OTHERWISE. THE COURT SHALL HEAR THE APPLICATION DE
5 NOVO ON QUESTIONS OF FACT, ADMINISTRATIVE DISCRETION AND SUCH
6 OTHER MATTERS AS ARE INVOLVED, AT SUCH TIME AS IT SHALL FIX, OF
7 WHICH NOTICE SHALL BE GIVEN TO THE BOARD. THE COURT SHALL EITHER
8 SUSTAIN OR OVER-RULE THE ACTION OF THE BOARD AND EITHER ORDER OR
9 DENY THE ISSUANCE OF A NEW LICENSE OR THE RENEWAL OR TRANSFER OF
10 THE LICENSE OR THE RENEWAL OF AN AMUSEMENT PERMIT TO THE
11 APPLICANT.
12 SECTION 10.2. SECTION 468(A) OF THE ACT, AMENDED JUNE 18,
13 1998 (P.L.664, NO.86) AND NOVEMBER 10 1999 (P.L.514, NO.47), IS
14 AMENDED TO READ:
15 SECTION 468. LICENSES NOT ASSIGNABLE; TRANSFERS.--(A) (1)
16 LICENSES ISSUED UNDER THIS ARTICLE MAY NOT BE ASSIGNED. THE
17 BOARD, UPON PAYMENT OF THE TRANSFER FILING FEE, IS HEREBY
18 AUTHORIZED TO TRANSFER ANY LICENSE ISSUED BY IT UNDER THE
19 PROVISIONS OF THIS ARTICLE FROM ONE PERSON TO ANOTHER OR FROM
20 ONE PLACE TO ANOTHER, OR BOTH, WITHIN THE SAME [MUNICIPALITY,
21 AND IF THE APPLICANT IS A UNIT OF A NONPROFIT NATIONALLY
22 CHARTERED CLUB OR A VOLUNTEER FIRE COMPANY OR AN AFFILIATED
23 ORGANIZATION OF A VOLUNTEER FIRE COMPANY, THE BOARD IS HEREBY
24 AUTHORIZED TO TRANSFER SUCH LICENSE TO A PLACE IN ANY OTHER
25 MUNICIPALITY WITHIN THE SAME COUNTY IF THE SALE OF LIQUOR OR
26 MALT AND BREWED BEVERAGES ARE LEGAL IN SUCH OTHER MUNICIPALITY
27 AS THE BOARD MAY DETERMINE. PRIOR TO THE APPROVAL OF AN
28 APPLICATION FOR TRANSFER BY A UNIT OF A NONPROFIT NATIONALLY
29 CHARTERED CLUB THE BOARD SHALL MAKE AN AFFIRMATIVE FINDING, UPON
30 PROOF SUBMITTED BY THE APPLICANT, AND AFTER INVESTIGATION BY THE
20000S1531B2308 - 26 -
1 BOARD, THAT AT THE TIME THE APPLICATION FOR TRANSFER IS MADE THE
2 CLUB CONTINUES TO HOLD A VALID NATIONAL CHARTER AND CONTINUES TO
3 FUNCTION IN FACT AS A CLUB AS DEFINED IN SECTION 102. THE BOARD,
4 IN ITS DISCRETION, MAY TRANSFER AN EXISTING RESTAURANT RETAIL
5 DISPENSER OR CLUB LICENSE FROM ONE MUNICIPALITY TO ANOTHER IN
6 THE SAME COUNTY REGARDLESS OF THE QUOTA LIMITATIONS PROVIDED FOR
7 IN THIS ACT, IF SALES OF LIQUOR OR MALT AND BREWED BEVERAGES ARE
8 LEGAL IN SUCH OTHER MUNICIPALITY AND IF THE RESTAURANT RETAIL
9 DISPENSER OR CLUB LOST THE USE OF THE BUILDING IN WHICH IT WAS
10 LOCATED DUE TO GOVERNMENTAL EXERCISE OF THE RIGHT OF EMINENT
11 DOMAIN AND NO OTHER SUITABLE BUILDING CAN BE FOUND IN THE FIRST
12 MUNICIPALITY] COUNTY.
13 (2) [(I) THE BOARD, IN ITS DISCRETION, MAY TRANSFER AN
14 EXISTING RESTAURANT LIQUOR LICENSE FROM ONE MUNICIPALITY TO
15 ANOTHER MUNICIPALITY OF THE SAME COUNTY OR IN A CONTIGUOUS
16 COUNTY REGARDLESS OF THE QUOTA LIMITATIONS PROVIDED FOR IN THIS
17 ACT IF:
18 (A) SALES OF LIQUOR OR MALT AND BREWED BEVERAGES ARE LEGAL
19 IN SUCH OTHER MUNICIPALITY;
20 (B) THE LOCATION IN THE SAME COUNTY OR A CONTIGUOUS COUNTY
21 IS AN INDOOR BOWLING CENTER; AND
22 (C) THE RESTAURANT LIQUOR LICENSE IS CURRENTLY LOCATED IN AN
23 AREA WHICH HAS BEEN DESIGNATED AS BLIGHTED.
24 (II) FOR PURPOSES OF THIS SUBSECTION, A PROPERTY SHALL BE
25 DETERMINED TO BE BLIGHTED IF IT IS ANY OF THE FOLLOWING:
26 (A) REAL PROPERTY WITHIN OR OUTSIDE A CERTIFIED
27 REDEVELOPMENT AREA DETERMINED TO BE BLIGHTED PROPERTY UNDER THE
28 ACT OF MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE "URBAN
29 REDEVELOPMENT LAW";
30 (B) ANY PROPERTY DECLARED TO BE BLIGHTED UNDER THE "URBAN
20000S1531B2308 - 27 -
1 REDEVELOPMENT LAW" BY A PENNSYLVANIA LOCAL GOVERNMENT OR ITS
2 AGENCY; OR
3 (C) ANY PROPERTY WHICH IS LOCATED WITHIN A REDEVELOPMENT
4 AREA, WHEN ONE OF THE STATED PURPOSES OF DESIGNATION AS A
5 REDEVELOPMENT AREA IS TO REMOVE BLIGHT, DESIGNATED BY A LOCAL
6 GOVERNMENT OR ITS AGENCIES UNDER THE "URBAN REDEVELOPMENT LAW."
7 (III) IF A RESTAURANT LIQUOR LICENSE IS TRANSFERRED TO AN
8 INDOOR BOWLING CENTER LOCATED OUTSIDE OF THE MUNICIPALITY IN
9 WHICH THE LICENSE WAS ORIGINALLY ISSUED, THAT RESTAURANT LIQUOR
10 LICENSE MAY NOT BE TRANSFERRED WITHIN FIVE YEARS OF THE DATE OF
11 INITIAL TRANSFER UNLESS THE SUBSEQUENT TRANSFER IS FOR USE IN AN
12 INDOOR BOWLING CENTER.] IN THE CASE OF DISTRIBUTOR AND IMPORTING
13 DISTRIBUTOR LICENSES, THE BOARD MAY TRANSFER ANY SUCH LICENSE
14 FROM ITS PLACE IN A MUNICIPALITY TO A PLACE IN ANY OTHER
15 MUNICIPALITY WITHIN THE SAME COUNTY, OR FROM ONE PLACE TO
16 ANOTHER PLACE WITHIN THE SAME MUNICIPALITY, OR EXCHANGE A
17 DISTRIBUTOR LICENSE FOR AN IMPORTING DISTRIBUTOR LICENSE OR AN
18 IMPORTING DISTRIBUTOR LICENSE FOR A DISTRIBUTOR LICENSE, IF THE
19 BUILDING FOR WHICH THE LICENSE IS TO BE ISSUED HAS, IN THE CASE
20 OF AN IMPORTING DISTRIBUTOR LICENSE, AN AREA UNDER ONE ROOF OF
21 TWO THOUSAND FIVE HUNDRED SQUARE FEET AND, IN THE CASE OF A
22 DISTRIBUTOR LICENSE, AN AREA UNDER ONE ROOF OF ONE THOUSAND
23 SQUARE FEET: AND PROVIDED, THAT, IN THE CASE OF ALL TRANSFERS OF
24 DISTRIBUTOR OR IMPORTING DISTRIBUTOR LICENSES, WHETHER FROM A
25 PLACE WITHIN THE SAME MUNICIPALITY TO ANOTHER PLACE WITHIN THE
26 SAME MUNICIPALITY OR FROM A PLACE IN A MUNICIPALITY TO A PLACE
27 IN ANY OTHER MUNICIPALITY WITHIN THE SAME COUNTY, AND, IN THE
28 CASE OF AN EXCHANGE OF A DISTRIBUTOR LICENSE FOR AN IMPORTING
29 DISTRIBUTOR LICENSE OR AN IMPORTING DISTRIBUTOR LICENSE FOR A
30 DISTRIBUTOR LICENSE, THE PREMISES TO BE AFFECTED BY THE TRANSFER
20000S1531B2308 - 28 -
1 OR EXCHANGE SHALL CONTAIN AN OFFICE SEPARATE AND APART FROM THE
2 REMAINDER OF THE PREMISES TO BE LICENSED FOR THE PURPOSE OF
3 KEEPING RECORDS, REQUIRED BY THE BOARD, ADEQUATE TOILET
4 FACILITIES FOR EMPLOYES OF THE LICENSEE AND AN ENTRANCE ON A
5 PUBLIC THOROUGHFARE: PROVIDED, HOWEVER, THAT IN THE EVENT THAT
6 THE MAJORITY OF THE VOTING ELECTORS OF A MUNICIPALITY, AT AN
7 ELECTION HELD UNDER THE PROVISIONS OF ANY LAW SO EMPOWERING THEM
8 TO DO, SHALL VOTE AGAINST THE ISSUANCE OF DISTRIBUTOR OR
9 IMPORTING DISTRIBUTOR LICENSES IN SUCH MUNICIPALITY, THE BOARD
10 IS HEREBY AUTHORIZED TO TRANSFER ANY SUCH DISTRIBUTOR OR
11 IMPORTING DISTRIBUTOR LICENSE FROM ITS PLACE IN SUCH
12 MUNICIPALITY TO A PLACE IN ANY OTHER MUNICIPALITY WITHIN THE
13 SAME COUNTY, UPON APPLICATION PRIOR TO THE EXPIRATION OF ANY
14 SUCH LICENSE AND UPON PAYMENT OF THE TRANSFER FILING FEE AND THE
15 EXECUTION OF A NEW BOND; BUT NO TRANSFER SHALL BE MADE TO A
16 PERSON WHO WOULD NOT HAVE BEEN ELIGIBLE TO RECEIVE THE LICENSE
17 ORIGINALLY NOR FOR THE TRANSACTION OF BUSINESS AT A PLACE FOR
18 WHICH THE LICENSE COULD NOT LAWFULLY HAVE BEEN ISSUED
19 ORIGINALLY, NOR, EXCEPT AS HEREIN PROVIDED, TO A PLACE AS TO
20 WHICH A LICENSE HAS BEEN REVOKED.
21 (3) NO LICENSE SHALL BE TRANSFERRED TO ANY PLACE OR PROPERTY
22 UPON WHICH IS LOCATED AS A BUSINESS THE SALE OF LIQUID FUELS AND
23 OIL. EXCEPT IN CASES OF EMERGENCY SUCH AS DEATH, SERIOUS
24 ILLNESS, OR CIRCUMSTANCES BEYOND THE CONTROL OF THE LICENSEE, AS
25 THE BOARD MAY DETERMINE SUCH CIRCUMSTANCES TO JUSTIFY ITS
26 ACTION, TRANSFERS OF LICENSES MAY BE MADE ONLY AT TIMES FIXED BY
27 THE BOARD. IN THE CASE OF THE DEATH OF A LICENSEE, THE BOARD MAY
28 TRANSFER THE LICENSE TO THE SURVIVING SPOUSE OR PERSONAL
29 REPRESENTATIVE OR TO A PERSON DESIGNATED BY HIM. FROM ANY
30 REFUSAL TO GRANT A TRANSFER OR UPON THE GRANT OF ANY TRANSFER,
20000S1531B2308 - 29 -
1 THE PARTY AGGRIEVED SHALL HAVE THE RIGHT OF APPEAL TO THE PROPER
2 COURT IN THE MANNER HEREINBEFORE PROVIDED.
3 * * *
4 SECTION 10.3. SECTION 470 OF THE ACT IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 Section 470. Renewal of Licenses; Temporary Provisions for
7 Licensees in Armed Service.--* * *
8 (c) If the application for renewal of a license is for a
9 license or permit issued under former section 408.1, 408.2,
10 408.3, 408.5, 408.6, 408.7, 408.8, 408.9, 408.10, 408.11,
11 408.14, 408.15 or 433.1 and if the applicant has met all
12 requirements that would have been necessary to renew the license
13 or permit, the board shall issue either a public venue
14 restaurant liquor license or a performing arts facility
15 restaurant liquor license to replace the expired license or
16 permit.
17 SECTION 11. SECTION 471(B) OF THE ACT, AMENDED DECEMBER 21, <--
18 1998 (P.L.1202, NO.155), IS AMENDED AND THE SECTION IS AMENDED
19 BY ADDING A SUBSECTION TO READ:
20 SECTION 471. REVOCATION AND SUSPENSION OF LICENSES; FINES.--
21 * * *
22 (B) HEARING ON SUCH CITATIONS SHALL BE HELD IN THE SAME
23 MANNER AS PROVIDED HEREIN FOR HEARINGS ON APPLICATIONS FOR
24 LICENSE. UPON SUCH HEARING, IF SATISFIED THAT ANY SUCH VIOLATION
25 HAS OCCURRED OR FOR OTHER SUFFICIENT CAUSE, THE ADMINISTRATIVE
26 LAW JUDGE SHALL IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR
27 IMPOSE A FINE OF NOT LESS THAN FIFTY DOLLARS ($50) NOR MORE THAN
28 ONE THOUSAND DOLLARS ($1,000), OR BOTH, NOTIFYING THE LICENSEE
29 BY REGISTERED LETTER ADDRESSED TO HIS LICENSED PREMISES. IF THE
30 LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED SECTION
20000S1531B2308 - 30 -
1 493(1) INSOFAR AS IT RELATES TO SALES TO MINORS OR SALES TO A
2 VISIBLY INTOXICATED PERSON, SECTION 493(10) INSOFAR AS IT
3 RELATES TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT OR SECTION
4 493(14), (16) OR (21), OR HAS BEEN FOUND TO BE A PUBLIC NUISANCE
5 PURSUANT TO SECTION 611, OR IF THE OWNER OR OPERATOR OF THE
6 LICENSED PREMISES OR ANY AUTHORIZED AGENT OF THE OWNER OR
7 OPERATOR HAS BEEN CONVICTED OF ANY VIOLATION OF THE ACT OF APRIL
8 14, 1972 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE,
9 DRUG, DEVICE AND COSMETIC ACT," OR OF 18 PA.C.S. § 5902
10 (RELATING TO PROSTITUTION AND RELATED OFFENSES) OR 6301
11 (RELATING TO CORRUPTION OF MINORS), AT OR RELATING TO THE
12 LICENSED PREMISES, THE ADMINISTRATIVE LAW JUDGE SHALL
13 IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR IMPOSE A FINE OF
14 NOT LESS THAN ONE THOUSAND DOLLARS ($1,000) NOR MORE THAN FIVE
15 THOUSAND DOLLARS ($5,000), OR BOTH. IF HOWEVER, IF A LICENSEE <--
16 HAS BEEN CITED AND FOUND TO HAVE VIOLATED SECTION 493(1) AS IT
17 RELATES TO SALES TO MINORS OR SALES TO A VISIBLY INTOXICATED
18 PERSON, BUT AT THE TIME OF THE SALE THE LICENSEE WAS IN
19 COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SECTION 471.1, AND
20 THE LICENSEE HAD NOT SOLD TO MINORS OR VISIBLY INTOXICATED
21 PERSONS IN THE PREVIOUS FOUR YEARS, THEN THE ADMINISTRATIVE LAW
22 JUDGE SHALL IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR IMPOSE
23 A FINE OF NOT LESS THAN FIFTY DOLLARS ($50), NOR MORE THAN ONE
24 THOUSAND DOLLARS ($1,000), OR BOTH. THE ADMINISTRATIVE LAW JUDGE
25 SHALL NOTIFY THE LICENSEE BY REGISTERED MAIL, ADDRESSED TO THE
26 LICENSED PREMISES, OF SUCH SUSPENSION, REVOCATION OR FINE. IN
27 THE EVENT THE FINE IS NOT PAID WITHIN TWENTY DAYS OF THE
28 ADJUDICATION, THE ADMINISTRATIVE LAW JUDGE SHALL SUSPEND OR
29 REVOKE THE LICENSE, NOTIFYING THE LICENSEE BY REGISTERED MAIL
30 ADDRESSED TO THE LICENSED PREMISES. SUSPENSIONS AND REVOCATIONS
20000S1531B2308 - 31 -
1 SHALL NOT GO INTO EFFECT UNTIL THIRTY DAYS HAVE ELAPSED FROM THE
2 DATE OF THE ADJUDICATION DURING WHICH TIME THE LICENSEE MAY TAKE
3 AN APPEAL AS PROVIDED FOR IN THIS ACT. ANY LICENSEE WHOSE
4 LICENSE IS REVOKED SHALL BE INELIGIBLE TO HAVE A LICENSE UNDER
5 THIS ACT UNTIL THE EXPIRATION OF THREE YEARS FROM THE DATE SUCH
6 LICENSE WAS REVOKED. IN THE EVENT A LICENSE IS REVOKED, NO
7 LICENSE SHALL BE GRANTED FOR THE PREMISES OR TRANSFERRED TO THE
8 PREMISES IN WHICH THE SAID LICENSE WAS CONDUCTED FOR A PERIOD OF
9 AT LEAST ONE YEAR AFTER THE DATE OF THE REVOCATION OF THE
10 LICENSE CONDUCTED IN THE SAID PREMISES, EXCEPT IN CASES WHERE
11 THE LICENSEE OR A MEMBER OF HIS IMMEDIATE FAMILY IS NOT THE
12 OWNER OF THE PREMISES, IN WHICH CASE THE BOARD MAY, IN ITS
13 DISCRETION, ISSUE OR TRANSFER A LICENSE WITHIN THE SAID YEAR. IN
14 THE EVENT THE BUREAU OR THE PERSON WHO WAS FINED OR WHOSE
15 LICENSE WAS SUSPENDED OR REVOKED SHALL FEEL AGGRIEVED BY THE
16 ADJUDICATION OF THE ADMINISTRATIVE LAW JUDGE, THERE SHALL BE A
17 RIGHT TO APPEAL TO THE BOARD. THE APPEAL SHALL BE BASED SOLELY
18 ON THE RECORD BEFORE THE ADMINISTRATIVE LAW JUDGE. THE BOARD
19 SHALL AFFIRM THE DECISION OF THE ADMINISTRATIVE LAW JUDGE IF IT
20 IS BASED ON SUBSTANTIAL EVIDENCE; OTHERWISE, THE BOARD SHALL
21 REVERSE THE DECISION OF THE ADMINISTRATIVE LAW JUDGE. IN THE
22 EVENT THE BUREAU OR THE PERSON WHO WAS FINED OR WHOSE LICENSE
23 WAS SUSPENDED OR REVOKED SHALL FEEL AGGRIEVED BY THE DECISION OF
24 THE BOARD, THERE SHALL BE A RIGHT TO APPEAL TO THE COURT OF
25 COMMON PLEAS IN THE SAME MANNER AS HEREIN PROVIDED FOR APPEALS
26 FROM REFUSALS TO GRANT LICENSES. EACH OF THE APPEALS SHALL ACT
27 AS A SUPERSEDEAS UNLESS, UPON SUFFICIENT CAUSE SHOWN, THE
28 REVIEWING AUTHORITY SHALL DETERMINE OTHERWISE; HOWEVER, IF THE
29 LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED SECTION
30 493(1) INSOFAR AS IT RELATES TO SALES TO MINORS OR SALES TO A
20000S1531B2308 - 32 -
1 VISIBLY INTOXICATED PERSON, SECTION 493(10) INSOFAR AS IT
2 RELATES TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT OR SECTION
3 493(14), (16) OR (21), OR HAS BEEN FOUND TO BE A PUBLIC NUISANCE
4 PURSUANT TO SECTION 611, OR IF THE OWNER OR OPERATOR OF THE
5 LICENSED PREMISES OR ANY AUTHORIZED AGENT OF THE OWNER OR
6 OPERATOR HAS BEEN CONVICTED OF ANY VIOLATION OF "THE CONTROLLED
7 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT," OR OF 18 PA.C.S. §
8 5902 OR 6301, AT OR RELATING TO THE LICENSED PREMISES, ITS
9 APPEAL SHALL NOT ACT AS A SUPERSEDEAS UNLESS THE REVIEWING
10 AUTHORITY DETERMINES OTHERWISE UPON SUFFICIENT CAUSE SHOWN. IN
11 ANY HEARING ON AN APPLICATION FOR A SUPERSEDEAS UNDER THIS
12 SECTION, THE REVIEWING AUTHORITY MAY CONSIDER, IN ADDITION TO
13 OTHER RELEVANT EVIDENCE, DOCUMENTARY EVIDENCE, INCLUDING RECORDS
14 OF THE BUREAU, SHOWING THE PRIOR HISTORY OF CITATIONS, FINES,
15 SUSPENSIONS OR REVOCATIONS AGAINST THE LICENSEE; AND THE
16 REVIEWING AUTHORITY MAY ALSO CONSIDER, IN ADDITION TO OTHER
17 RELEVANT EVIDENCE, EVIDENCE OF ANY RECURRENCE OF THE UNLAWFUL
18 ACTIVITY OCCURRING BETWEEN THE DATE OF THE CITATION WHICH IS THE
19 SUBJECT OF THE APPEAL AND THE DATE OF THE HEARING. NO PENALTY
20 PROVIDED BY THIS SECTION SHALL BE IMPOSED FOR ANY VIOLATIONS
21 PROVIDED FOR IN THIS ACT UNLESS THE BUREAU NOTIFIES THE LICENSEE
22 OF ITS NATURE WITHIN THIRTY DAYS OF THE COMPLETION OF THE
23 INVESTIGATION.
24 * * *
25 (D) IF A LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED
26 SECTION 493(1) AS IT RELATES TO SALES TO MINORS OR SALES TO A
27 VISIBLY INTOXICATED PERSON, THE ADMINISTRATIVE LAW JUDGE, IN
28 ADDITION TO THE PENALTIES SET FORTH IN SUBSECTION (B), MAY
29 REQUIRE THE LICENSEE TO COMPLY WITH THE REQUIREMENTS SET FORTH
30 IN SECTION 471.1, PERTAINING TO RESPONSIBLE ALCOHOL MANAGEMENT.
20000S1531B2308 - 33 -
1 SUCH COMPLIANCE MAY BE REQUIRED FOR A PERIOD OF UP TO ONE YEAR.
2 FAILURE TO ADHERE WITH SUCH AN ORDER IS SUFFICIENT CAUSE FOR THE
3 ISSUANCE OF A CITATION UNDER SUBSECTION (A).
4 SECTION 12. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
5 SECTION 471.1. RESPONSIBLE ALCOHOL MANAGEMENT.--(A) THE
6 BOARD IS AUTHORIZED TO OFFER A RESPONSIBLE ALCOHOL SERVICE
7 PROGRAM TO LICENSEES. THE PROGRAM SHALL CONSIST OF FOUR PARTS:
8 NEW EMPLOYE ORIENTATION, TRAINING FOR ALCOHOL SERVICE PERSONNEL,
9 MANAGER/OWNER TRAINING AND THE DISPLAYING OF RESPONSIBLE ALCOHOL
10 SERVICE SIGNAGE. NEW EMPLOYE ORIENTATION SHALL CONSIST OF
11 ORIENTING NEWLY HIRED ALCOHOL SERVICE PERSONNEL AS TO
12 PENNSYLVANIA LAW RELATING TO THE SALE, FURNISHING OR SERVING OF
13 ALCOHOLIC BEVERAGES TO MINORS AND VISIBLY INTOXICATED PERSONS.
14 IT SHALL ALSO MEAN ORIENTING NEWLY HIRED ALCOHOL SERVICE
15 PERSONNEL TO RESPONSIBLE SERVER PRACTICES AS THE TERM IS DEFINED
16 BY THE BOARD, THROUGH REGULATION. TRAINING FOR ALCOHOL SERVICE
17 PERSONNEL SHALL BE AS SET FORTH BY THE BOARD, BUT AT MINIMUM IT
18 SHALL CONSIST OF TRAINING TO PREVENT SERVICE OF ALCOHOL TO
19 MINORS AND TO VISIBLY INTOXICATED PERSONS. MANAGER/OWNER
20 TRAINING SHALL BE AS SET FORTH BY THE BOARD, BUT AT A MINIMUM IT
21 SHALL CONSIST OF TRAINING ON HOW TO MONITOR EMPLOYES, PROPER
22 SERVICE OF ALCOHOL AND HOW TO DEVELOP AN APPROPRIATE ALCOHOL
23 SERVICE POLICY. THE RESPONSIBLE ALCOHOL SERVICE SIGNAGE SHALL BE
24 AS SET FORTH BY THE BOARD AND SHALL CONSIST OF SIGNAGE DEALING
25 WITH THE LICENSEE'S POLICY AGAINST SALES TO MINORS AND VISIBLY
26 INTOXICATED PERSONS. ALCOHOL SERVICE PERSONNEL TRAINING MAY BE
27 CONDUCTED BY THE BOARD OR BY AN ENTITY CERTIFIED BY THE BOARD TO
28 CONDUCT SUCH TRAINING.
29 (B) THE BOARD SHALL BE AUTHORIZED TO CERTIFY AND DECERTIFY
30 ENTITIES THAT WISH TO OFFER TRAINING FOR ALCOHOL SERVICE
20000S1531B2308 - 34 -
1 PERSONNEL. THE TRAINING ENTITY AND THE BOARD SHALL MAINTAIN
2 RECORDS ESTABLISHING THE NAMES OF INDIVIDUALS WHO HAVE
3 SUCCESSFULLY UNDERGONE ALCOHOL SERVICE PERSONNEL TRAINING.
4 (C) TRAINING FOR MANAGERS AND OWNERS MUST BE CONDUCTED BY
5 THE BOARD OR ITS EMPLOYES. THE BOARD SHALL MAINTAIN RECORDS
6 ESTABLISHING THE NAMES OF INDIVIDUALS WHO HAVE SUCCESSFULLY
7 UNDERGONE MANAGER/OWNER TRAINING.
8 (D) IN ORDER TO BE CONSIDERED IN COMPLIANCE WITH THIS
9 SECTION FOR PURPOSES OF SECTION 471, A RESTAURANT, RETAIL
10 DISPENSER, EATING PLACE, HOTEL, CLUB, CATERING CLUB, DISTRIBUTOR
11 AND IMPORTING DISTRIBUTOR LICENSEE SHALL:
12 (1) HAVE AT LEAST FIFTY PER CENTUM OF ITS ALCOHOL SERVICE
13 PERSONNEL CERTIFIED AS HAVING SUCCESSFULLY COMPLETED AN ALCOHOL
14 BEVERAGE SERVERS TRAINING;
15 (2) HAVE ITS MANAGER OR OWNER CERTIFIED AS HAVING
16 SUCCESSFULLY COMPLETED MANAGER/OWNER TRAINING;
17 (3) HAVE ALL ALCOHOL SERVICE PERSONNEL UNDERGO NEW EMPLOYE
18 ORIENTATION; AND
19 (4) HAVE APPROPRIATE RESPONSIBLE ALCOHOL SERVICE SIGNAGE
20 POSTED ON THE LICENSED PREMISES.
21 FOR PURPOSES OF THIS SECTION, AN OWNER IS AN INDIVIDUAL WHO OWNS
22 AT LEAST TWENTY-FIVE PER CENTUM OF THE LICENSED ENTITY.
23 (E) LICENSEES ORDERED TO COMPLY WITH THIS ACT PURSUANT TO
24 SECTION 471, WHO CHANGE MANAGERS, SHALL, HAVE SIXTY CALENDAR
25 DAYS TO HAVE THE NEW MANAGER TRAINED AS REQUIRED BY THIS
26 SECTION. IF A LICENSEE, ORDERED TO COMPLY WITH THIS ACT PURSUANT
27 TO SECTION 471, HIRES ADDITIONAL ALCOHOL SERVICE PERSONNEL,
28 THOSE ADDITIONAL EMPLOYES SHALL BE DEEMED TO HAVE BEEN CERTIFIED
29 FROM THEIR DATE OF HIRE, IF THEY SUCCESSFULLY COMPLETE AN
30 ALCOHOL SERVING PROGRAM WITHIN SIXTY DAYS OF THEIR DATE OF HIRE.
20000S1531B2308 - 35 -
1 (F) UPON COMPLETION OF A CERTIFIED ALCOHOL SERVICE PERSONNEL
2 PROGRAM OR THE BOARD'S OWNER/MANAGER TRAINING PROGRAM, THE
3 PARTICIPANT WILL BE CERTIFIED BY THE TRAINING ENTITY OR THE
4 BOARD AS HAVING SUCCESSFULLY COMPLETED THE PROGRAM. SAID
5 CERTIFICATION WILL BE VALID FOR TWO YEARS. THE LICENSEE SHALL
6 KEEP RECORDS OF THE CERTIFICATION STATUS OF ITS EMPLOYES,
7 MANAGERS AND OWNERS, INCLUDING THE NAME OF THE EMPLOYE, MANAGER
8 OR OWNER AND THE DATE OF THAT INDIVIDUAL'S CERTIFICATION, IN THE
9 SAME MANNER AS IT KEEPS OTHER BUSINESS RECORDS PURSUANT TO
10 SECTION 493(12). THE LICENSEE SHALL ALSO KEEP RECORDS OF ITS NEW
11 EMPLOYE ORIENTATION PROGRAM AND RECORDS OF ITS RESPONSIBLE
12 ALCOHOL SERVICE SIGNAGE AS SET FORTH BY THE BOARD BY REGULATION.
13 Section 11 13. Section 472(a) of the act, amended November <--
14 10, 1999 (P.L.514, No.47), is amended AND THE SECTION IS AMENDED <--
15 BY ADDING A SUBSECTION to read:
16 Section 472. Local Option.--(a) In any municipality or any
17 part of a municipality where such municipality is split so that
18 each part thereof is separated by another municipality, an
19 election may be held, subject to subsection (c), on the date of
20 the primary election immediately preceding any municipal
21 election, but not oftener than once in four years, to determine
22 the will of the electors with respect to the granting of liquor
23 licenses to hotels, restaurants and clubs, not oftener than once
24 in four years, to determine the will of the electors with
25 respect to the granting of liquor licenses to public venues, to
26 performing arts facilities, to hotels located on property owned
27 by an accredited college or university, to privately-owned
28 private golf courses or to privately-owned public golf courses,
29 not oftener than once in four years, to determine the will of
30 the electors with respect to the granting of licenses to retail
20000S1531B2308 - 36 -
1 dispensers of malt and brewed beverages, not oftener than once
2 in four years, to determine the will of the electors with
3 respect to granting of licenses to wholesale distributors and
4 importing distributors, not more than once in two years, to
5 determine the will of the electors with respect to the granting
6 of club liquor licenses or club retail dispenser licenses to
7 incorporated units of national veterans' organizations, not
8 oftener than once in two years to determine the will of the
9 electors with respect to the granting of special occasion
10 permits to qualified organizations, or not more than once in
11 four years, to determine the will of the electors with respect
12 to the establishment, operation and maintenance by the board of
13 Pennsylvania liquor stores, within the limits of such
14 municipality or part of a split municipality, under the
15 provisions of this act: Provided, however, Where an election
16 shall have been held at the primary preceding a municipal
17 election in any year, another election may be held under the
18 provisions of this act at the primary occurring the fourth year
19 after such prior election: And provided further, That an
20 election on the question of establishing and operating a State
21 liquor store shall be initiated only in those municipalities, or
22 that part of a split municipality that shall have voted against
23 the granting of liquor licenses; and that an election on the
24 question of granting wholesale distributor and importing
25 distributor licenses shall be initiated only in those
26 municipalities or parts of split municipalities that shall have
27 at a previous election voted against the granting of dispenser's
28 licenses. Whenever electors equal to at least twenty-five per
29 centum of the highest vote cast for any office in the
30 municipality or part of a split municipality at the last
20000S1531B2308 - 37 -
1 preceding general election shall file a petition with the county
2 board of elections of the county for a referendum on the
3 question of granting any of said classes of licenses or the
4 establishment of Pennsylvania liquor stores, the said county
5 board of elections shall cause a question to be placed on the
6 ballots or on the voting machine board and submitted at the
7 primary immediately preceding the municipal election. Separate
8 petitions must be filed for each question to be voted on. Said
9 proceedings shall be in the manner and subject to the provisions
10 of the election laws which relate to the signing, filing and
11 adjudication of nomination petitions, insofar as such provisions
12 are applicable.
13 When the question is in respect to the granting of liquor
14 licenses, it shall be in the following form:
15 Do you favor the granting of liquor licenses
16 for the sale of liquor in........................ Yes
17 of..............................................? No
18 When the question is in respect to the granting of restaurant
19 liquor licenses for use at public venues in those municipalities
20 that do not already allow the retail sale of liquor, it shall be
21 in the following form:
22 Do you favor the granting of liquor licenses to public
23 venues for the sale of liquor in the............. Yes
24 of..............................................? No
25 When the question is in respect to the granting of restaurant
26 liquor licenses for use at performing arts facilities in those
27 municipalities that do not already allow the retail sale of
28 alcohol, it shall be in the following form:
29 Do you favor the granting of liquor licenses to
30 performing arts facilities for the sale of liquor
20000S1531B2308 - 38 -
1 in the........................................... Yes
2 of..............................................? No
3 When the question is in respect to the granting of liquor
4 licenses for hotels located on property owned by an accredited
5 college or university in those municipalities that do not
6 already allow the granting of liquor licenses, it shall be in
7 the following form:
8 Do you favor the granting of liquor licenses to hotels on
9 property owned by an accredited college or university
10 in the............................................ Yes
11 of...............................................? No
12 When the question is in respect to the granting of liquor
13 licenses, for privately-owned private golf courses, it shall be
14 in the following form:
15 Do you favor the granting of liquor licenses for
16 privately-owned private golf courses for the sale
17 of liquor in.................by.................. Yes
18 of..............................................? No
19 When the question is in respect to the granting of liquor
20 licenses, for privately-owned public golf courses, it shall be
21 in the following form:
22 Do you favor the granting of liquor licenses for
23 privately-owned public golf courses for the sale
24 of liquor in.................by.................. Yes
25 of..............................................? No
26 When the question is in respect to the granting of licenses
27 to retail dispensers of malt and brewed beverages, it shall be
28 in the following form:
29 Do you favor the granting of malt and brewed
30 beverage retail dispenser licenses for
20000S1531B2308 - 39 -
1 consumption on premises where sold in the........ Yes
2 of..............................................? No
3 When the question is in respect to the granting of licenses
4 to wholesale distributors of malt or brewed beverages and
5 importing distributors, it shall be in the following form:
6 Do you favor the granting of malt and brewed
7 beverage wholesale distributor's and importing
8 distributor's licenses not for consumption on
9 premises where sold in the....................... Yes
10 of..............................................? No
11 When the question is in respect to the granting of club
12 liquor licenses to incorporated units of national veterans'
13 organizations, it shall be in the following form:
14 Do you favor the granting of club liquor licenses
15 to incorporated units of national veterans' organizations
16 in the........................................... Yes
17 of..............................................? No
18 When the question is in respect to the granting of club
19 retail dispenser licenses to incorporated units of national
20 veterans' organizations, it shall be in the following form:
21 Do you favor the granting of club retail dispenser
22 licenses to incorporated units of national veterans'
23 organizations in the............................. Yes
24 of..............................................? No
25 When the question is in respect to the granting of special
26 occasion permits allowing the sale of liquor by qualified
27 organizations in municipalities that do not already allow the
28 retail sale of liquor, it shall be in the following form:
29 Do you favor the granting of special occasion permits to
30 allow the sale of liquor by qualified organizations in
20000S1531B2308 - 40 -
1 the............................................... Yes
2 of...............................................? No
3 When the question is in respect to the granting of special
4 occasion permits allowing the sale of malt or brewed beverages
5 only by qualified organizations in municipalities that do not
6 already allow the retail sale of malt or brewed beverages, it
7 shall be in the following form:
8 Do you favor the granting of special occasion permits to
9 allow the sale of malt or brewed beverages only by qualified
10 organizations in the.............................. Yes
11 of...............................................? No
12 When the question is in respect to the establishment,
13 operation and maintenance of Pennsylvania liquor stores it shall
14 be in the following form:
15 Do you favor the establishment, operation
16 and maintenance of Pennsylvania liquor
17 stores in the.................................... Yes
18 of..............................................? No
19 In case of a tie vote, the status quo shall obtain. If a
20 majority of the voting electors on any such question vote "yes,"
21 then liquor licenses shall be granted by the board to hotels,
22 restaurants and clubs, or liquor licenses shall be granted by
23 the board to public venues, to performing arts facilities, to
24 hotels located on property owned by an accredited college or
25 university, to privately-owned private golf courses or to
26 privately-owned public golf courses, or malt and brewed beverage
27 retail dispenser licenses or wholesale distributor's and
28 importing distributor's license for the sale of malt or brewed
29 beverages shall be granted by the board, or club liquor licenses
30 or club retail dispenser licenses shall be granted by the board
20000S1531B2308 - 41 -
1 to incorporated units of national veterans' organizations, or
2 special occasion permits may be issued to qualified
3 organizations, or the board may establish, operate and maintain
4 Pennsylvania liquor stores, as the case may be, in such
5 municipality or part of a split municipality, as provided by
6 this act; but if a majority of the electors voting on any such
7 question vote "no," then the board shall have no power to grant
8 or to renew upon their expiration any licenses of the class so
9 voted upon in such municipality or part of a split municipality;
10 or if the negative vote is on the question in respect to the
11 establishment, operation and maintenance of Pennsylvania liquor
12 stores, the board shall not open and operate a Pennsylvania
13 liquor store in such municipality or part of a split
14 municipality, nor continue to operate a then existing
15 Pennsylvania liquor store in the municipality or part of a split
16 municipality for more than two years thereafter or after the
17 expiration of the term of the lease on the premises occupied by
18 such store, whichever period is less, unless and until at a
19 later election a majority of the voting electors vote "yes" on
20 such question.
21 * * *
22 (D) NOTHING IN THIS SECTION SHALL PROHIBIT THE BOARD FROM <--
23 APPROVING THE TRANSFER OF A RETAIL LICENSE FROM A MUNICIPALITY
24 WHICH HAS VOTED TO PROHIBIT THE ISSUANCE OF SUCH A LICENSE TO A
25 LOCATION IN ANOTHER MUNICIPALITY IN THE SAME COUNTY THAT ALLOWS
26 THE ISSUANCE OF THAT TYPE OF LICENSE.
27 SECTION 14. SECTION 472.2 OF THE ACT, AMENDED NOVEMBER 10,
28 1999 (P.L.514, NO.47), IS AMENDED TO READ:
29 SECTION 472.2. GRANTING OF LIQUOR LICENSES IN CERTAIN
30 MUNICIPALITIES.--[(A) IN ANY MUNICIPALITY WHICH HAS BY
20000S1531B2308 - 42 -
1 REFERENDUM APPROVED THE GRANTING OF MALT AND BREWED BEVERAGE
2 RETAIL DISPENSERS' LICENSES AND HAS ALSO THEREAFTER, IN A
3 SEPARATE AND SUBSEQUENT REFERENDUM APPROVED THE GRANTING OF
4 LIQUOR LICENSES, THE BOARD MAY ISSUE TO AN APPLICANT HOLDING A
5 MALT AND BREWED BEVERAGE RETAIL DISPENSER'S LICENSE, A LIQUOR
6 LICENSE: PROVIDED, THAT THE APPLICANT SURRENDERS FOR
7 CANCELLATION THE MALT AND BREWED BEVERAGE RETAIL DISPENSER'S
8 LICENSE. THE BOARD SHALL NOT ISSUE SUCH A LIQUOR LICENSE IN
9 EXCESS OF ONE FOR EACH THREE THOUSAND RESIDENTS IN SAID
10 MUNICIPALITY.
11 (B) NOTHING IN THIS SECTION SHALL OTHERWISE AFFECT ANY
12 EXISTING MALT AND BREWED BEVERAGE RETAIL DISPENSER'S LICENSE.
13 (C) THE BOARD MAY NOT ACCEPT, ACT UPON, OR GRANT AN
14 APPLICATION FOR A LIQUOR LICENSE UNDER THIS SECTION, WHEN SUCH
15 APPLICATION, IF GRANTED, WOULD CAUSE AN EXCESS IN THE AFORESAID
16 QUOTA OF ONE LIQUOR LICENSE FOR EACH THREE THOUSAND RESIDENTS IN
17 SAID MUNICIPALITY. NOR SHALL AN APPLICANT UNDER THIS SECTION BE
18 REQUIRED TO SURRENDER HIS MALT AND BREWED BEVERAGE RETAIL
19 DISPENSER'S LICENSE UNTIL AND UNLESS THE BOARD HAS GRANTED HIS
20 APPLICATION FOR A LIQUOR LICENSE.] THE BOARD MAY ISSUE A
21 RESTAURANT LIQUOR LICENSE TO AN APPLICANT HOLDING AN EATING
22 PLACE RETAIL DISPENSER'S LICENSE IN A MUNICIPALITY WHICH, BY
23 REFERENDUM, APPROVED THE GRANTING OF EARNING EATING PLACE RETAIL <--
24 DISPENSER LICENSES AND, IN A SUBSEQUENT REFERENDUM, APPROVED THE
25 GRANTING OF RESTAURANT LIQUOR LICENSES. THIS SUBSECTION SECTION <--
26 APPLIES TO EATING PLACE RETAIL DISPENSER LICENSES WHICH WERE
27 ISSUED IN THE MUNICIPALITY PRIOR TO THE REFERENDUM THAT ALLOWED
28 THE ISSUANCE OF RESTAURANT LIQUOR LICENSES. IF THE BOARD GRANTS
29 THE RESTAURANT LIQUOR LICENSE, THE APPLICANT MUST IMMEDIATELY
30 SURRENDER FOR CANCELLATION ITS EATING PLACE RETAIL DISPENSER
20000S1531B2308 - 43 -
1 LICENSE.
2 SECTION 15. SECTION 492(6) OF THE ACT IS AMENDED TO READ:
3 SECTION 492. UNLAWFUL ACTS RELATIVE TO MALT OR BREWED
4 BEVERAGES AND LICENSEES.--
5 IT SHALL BE UNLAWFUL--
6 * * *
7 [(6) SALES OF MALT OR BREWED BEVERAGES ON ELECTION DAY BY
8 HOTELS, EATING PLACES OR PUBLIC SERVICE LICENSEES. FOR ANY HOTEL
9 OR EATING PLACE HOLDING A RETAIL DISPENSER'S LICENSE, OR ANY
10 MALT OR BREWED BEVERAGE PUBLIC SERVICE LICENSEE, OR HIS
11 SERVANTS, AGENTS OR EMPLOYES, TO SELL, FURNISH OR GIVE ANY MALT
12 OR BREWED BEVERAGES TO ANY PERSON AFTER TWO O'CLOCK
13 ANTEMERIDIAN, OR UNTIL ONE HOUR AFTER THE TIME FIXED BY LAW FOR
14 THE CLOSING OF POLLING PLACES ON DAYS ON WHICH A GENERAL,
15 MUNICIPAL, SPECIAL OR PRIMARY ELECTION IS BEING HELD EXCEPT AS
16 PERMITTED BY SUBSECTION (F) OF SECTION 432.]
17 * * *
18 Section 12 16. Section 493(10) and (14) of the act, amended <--
19 February 18, 1998 (P.L.162, No.25), are amended to read:
20 Section 493. Unlawful Acts Relative to Liquor, Malt and
21 Brewed Beverages and Licensees.--The term "licensee," when used
22 in this section, shall mean those persons licensed under the
23 provisions of Article IV, unless the context clearly indicates
24 otherwise.
25 It shall be unlawful--
26 * * *
27 (10) Entertainment on Licensed Premises (Except Clubs);
28 Permits; Fees. For any licensee, his servants, agents or
29 employes, except club licensees, public venue licensees or
30 performing arts facility licensees, to permit in any licensed
20000S1531B2308 - 44 -
1 premises or in any place operated in connection therewith,
2 dancing, theatricals or floor shows of any sort, or moving
3 pictures other than television, or such as are exhibited through
4 machines operated by patrons by the deposit of coins, which
5 project pictures on a screen not exceeding in size twenty-four
6 by thirty inches and which forms part of the machine, unless the
7 licensee shall first have obtained from the board a special
8 permit to provide such entertainment, or for any licensee, under
9 any circumstances, to permit in any licensed premises or in any
10 place operated in connection therewith any lewd, immoral or
11 improper entertainment, regardless of whether a permit to
12 provide entertainment has been obtained or not. The special
13 permit may be used only during the hours when the sale of liquor
14 or malt or brewed beverages is permitted, and between eleven
15 o'clock antemeridian on Sunday and two o'clock antemeridian on
16 the following Monday, regardless of whether the licensee
17 possesses a Sunday sales permit. The board shall have power to
18 provide for the issue of such special permits, and to collect an
19 annual fee for such permits as prescribed in section 614-A of
20 the act of April 9, 1929 (P.L.177, No.175), known as "The
21 Administrative Code of 1929." All such fees shall be paid into
22 the State Stores Fund. No such permit shall be issued in any
23 municipality which, by ordinance, prohibits amusements in
24 licensed places. Any violation of this clause shall, in addition
25 to the penalty herein provided, subject the licensee to
26 suspension or revocation of his permit and his license.
27 * * *
28 (14) Permitting Undesirable Persons or Minors to Frequent
29 Premises. For any hotel, restaurant or club liquor licensee, or
30 any retail dispenser, his servants, agents or employes, to
20000S1531B2308 - 45 -
1 permit persons of ill repute, known criminals, prostitutes or
2 minors to frequent his licensed premises or any premises
3 operated in connection therewith, except minors accompanied by
4 parents, guardians, or under proper supervision or except minors
5 who frequent any restaurant or retail dispensing licensee whose
6 sales of food and non-alcoholic beverages are equal to seventy
7 per centum or more of the combined gross sales of both food and
8 alcoholic beverages on the condition that alcoholic beverages
9 may not be served at the table or booth at which the said minor
10 is seated at the time (unless said minor is under proper
11 supervision as hereinafter defined) and on the further condition
12 that only table service of alcoholic beverages or take-out
13 service of beer shall be permitted in the room wherein the minor
14 is located: Provided, however, That it shall not be unlawful for
15 any hotel, restaurant or club liquor licensee or any retail
16 dispenser to permit minors under proper supervision upon the
17 licensed premises or any premises operated in connection
18 therewith for the purpose of a social gathering, even if such
19 gathering is exclusively for minors: And provided further, That
20 no liquor shall be sold, furnished or given to such minors nor
21 shall the licensee knowingly permit any liquor or malt or brewed
22 beverages to be sold, furnished or given to or be consumed by
23 any minor, and the area of such gathering shall be segregated
24 from the remainder of the licensed premises. In the event the
25 area of such gathering cannot be segregated from the remainder
26 of the licensed premises, all alcoholic beverages must be either
27 removed from the licensed premises or placed under lock and key
28 during the time the gathering is taking place. Notice of such
29 gathering shall be given the board as it may, by regulation,
30 require. Any licensee violating the provisions of this clause
20000S1531B2308 - 46 -
1 shall be subject to the provisions of section 471. Nothing in
2 this clause shall be construed to make it unlawful for minors to
3 frequent public venues or performing arts facilities.
4 "Proper supervision," as used in this clause, means the
5 presence, on that portion of the licensed premises where a minor
6 or minors are present, of one person twenty-five years of age or
7 older for every fifty minors or part thereof who is directly
8 responsible for the care and conduct of such minor or minors
9 while on the licensed premises and in such proximity that the
10 minor or minors are constantly within his sight or hearing. The
11 presence of the licensee or any employe or security officer of
12 the licensee shall not constitute proper supervision.
13 * * *
14 Section 13. This act shall take effect in 60 days. <--
15 SECTION 17. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
16 (1) THE AMENDMENT OF SECTION 468(A)(2) OF THE ACT SHALL
17 TAKE EFFECT JULY 1, 2001.
18 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
19 (3) THE AMENDMENT OF SECTION 461(B.1) AND (B.2) SHALL
20 TAKE EFFECT JANUARY 1, 2002.
21 (4) THE AMENDMENT OF SECTIONS 471 AND 471.1 OF THE ACT <--
22 SHALL TAKE EFFECT IN 180 DAYS.
23 (4) (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN <--
24 60 DAYS.
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