PRIOR PRINTER'S NO. 3713 PRINTER'S NO. 4608
No. 2574 Session of 2002
INTRODUCED BY DONATUCCI, REINARD, LEDERER, MANDERINO, SATHER,
THOMAS, CLYMER, MELIO, KELLER, JAMES, PISTELLA, CASORIO,
SCRIMENTI, CORRIGAN, CREIGHTON, WASHINGTON, YOUNGBLOOD,
SHANER, J. WILLIAMS, CRUZ, HORSEY, JOSEPHS AND ROEBUCK,
APRIL 17, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 18, 2002
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 WHEN SALES MAY BE MADE AT PENNSYLVANIA <--
18 LIQUOR STORES; AUTHORIZING TASTING OF ALCOHOLIC BEVERAGES IN
19 PENNSYLVANIA LIQUOR STORES AND ON PREMISES OF DISTRIBUTORS
20 AND IMPORTING DISTRIBUTORS; FURTHER PROVIDING FOR HOTEL,
21 RESTAURANT AND CLUB LIQUOR LICENSES AND FOR MALT AND BREWED
22 BEVERAGES RETAIL LICENSES; providing for the entering into
23 agreement by the board and license applicants regarding the
24 pending application; AUTHORIZING ISSUANCE OF CERTAIN MULTIPLE <--
25 PUBLIC VENUE LICENSES; FURTHER PROVIDING FOR REVOCATION AND
26 SUSPENSION OF LICENSES AND FOR FINES; PROVIDING FOR THE
27 SURRENDER OF A LICENSE FOR BENEFIT OF THE LICENSEE; AND
28 FURTHER PROVIDING FOR UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT
29 AND BREWED BEVERAGES AND LICENSEES.
30 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 404 of the act of April 12, 1951 (P.L.90, <--
3 No.21), known as the Liquor Code, reenacted and amended June 29,
4 1987 (P.L.32, No.14) and amended December 20, 2000 (P.L.992,
5 No.141), is amended to read:
6 SECTION 1. SECTIONS 304 AND 305(D) OF THE ACT OF APRIL 12, <--
7 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND
8 AMENDED JUNE 29, 1987 (P.L.32, NO.14), ARE AMENDED TO READ:
9 SECTION 304. WHEN SALES MAY BE MADE AT PENNSYLVANIA LIQUOR
10 STORES.--[EVERY] (A) EXCEPT AS PROVIDED FOR IN SUBSECTION (B),
11 EVERY PENNSYLVANIA LIQUOR STORE SHALL BE OPEN FOR BUSINESS WEEK
12 DAYS, EXCEPT LEGAL HOLIDAYS OR ANY DAY ON WHICH A GENERAL,
13 MUNICIPAL, SPECIAL OR PRIMARY ELECTION IS BEING HELD, DURING
14 SUCH HOURS AS THE BOARD, IN ITS DISCRETION, SHALL DETERMINE:
15 PROVIDED, THAT THE PENNSYLVANIA LIQUOR STORES IN THE CASE OF A
16 SPECIAL ELECTION FOR MEMBERS OF THE GENERAL ASSEMBLY OR MEMBERS
17 OF THE CONGRESS OF THE UNITED STATES, WHEN SUCH SPECIAL ELECTION
18 IS HELD ON OTHER THAN A PRIMARY, MUNICIPAL OR GENERAL ELECTION
19 DAY, SHALL BE OPEN IN THOSE LEGISLATIVE OR CONGRESSIONAL
20 DISTRICTS AS THOUGH THE DAY WERE NOT A SPECIAL ELECTION DAY. THE
21 BOARD MAY, WITH THE APPROVAL OF THE GOVERNOR, TEMPORARILY CLOSE
22 ANY STORE IN ANY MUNICIPALITY.
23 (B) CERTAIN PENNSYLVANIA LIQUOR STORES OPERATED BY THE BOARD
24 SHALL BE OPEN FOR SUNDAY RETAIL SALES BETWEEN THE HOURS OF NOON
25 AND FIVE O'CLOCK POSTMERIDIAN, EXCEPT THAT NO SUNDAY SALES SHALL
26 OCCUR ON EASTER SUNDAY OR CHRISTMAS DAY. FOR A TWO-YEAR TIME
27 PERIOD FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION, THE
28 BOARD SHALL OPEN UP TO TEN PER CENTUM OF THE TOTAL NUMBER OF
29 PENNSYLVANIA LIQUOR STORES AT ITS DISCRETION FOR SUNDAY SALES AS
30 PROVIDED FOR IN THIS SUBSECTION. AT THE EXPIRATION OF THE TWO-
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1 YEAR TIME PERIOD, THE BOARD SHALL CONDUCT A REVIEW AND DETERMINE
2 WHETHER THE STORES SHALL BE CLOSED OR WHETHER ADDITIONAL STORES
3 SHALL BE OPENED FOR THESE SUNDAY SALES. THE BOARD SHALL SUBMIT
4 YEARLY REPORTS TO THE APPROPRIATIONS AND THE LAW AND JUSTICE
5 COMMITTEES OF THE SENATE AND THE APPROPRIATIONS AND THE LIQUOR
6 CONTROL COMMITTEES OF THE HOUSE OF REPRESENTATIVES SUMMARIZING
7 THE TOTAL DOLLAR VALUE OF SALES UNDER THIS SECTION.
8 SECTION 305. SALES BY PENNSYLVANIA LIQUOR STORES.--* * *
9 (D) NO LIQUOR OR ALCOHOL PACKAGE SHALL BE OPENED ON THE
10 PREMISES OF A PENNSYLVANIA LIQUOR STORE. NO MANAGER OR OTHER
11 EMPLOYE OF THE BOARD EMPLOYED IN A PENNSYLVANIA LIQUOR STORE
12 SHALL ALLOW ANY LIQUOR OR ALCOHOL TO BE CONSUMED ON THE STORE
13 PREMISES, NOR SHALL ANY PERSON CONSUME ANY LIQUOR OR ALCOHOL ON
14 SUCH PREMISES EXCEPT LIQUOR AND ALCOHOL WHICH ARE PART OF A
15 TASTING CONDUCTED PURSUANT TO THE BOARD'S REGULATIONS.
16 * * *
17 SECTION 2. SECTIONS 403(G) AND 404 OF THE ACT, AMENDED
18 DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO READ:
19 SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
20 LIQUOR LICENSES.--* * *
21 (G) EVERY APPLICANT FOR A NEW LICENSE OR FOR THE TRANSFER OF
22 AN EXISTING LICENSE SHALL POST, FOR A PERIOD OF AT LEAST
23 [FIFTEEN] THIRTY DAYS BEGINNING WITH THE DAY THE APPLICATION IS
24 FILED WITH THE BOARD, IN A CONSPICUOUS PLACE ON THE OUTSIDE OF
25 THE PREMISES OR AT THE PROPOSED NEW LOCATION FOR WHICH THE
26 LICENSE IS APPLIED, A NOTICE OF SUCH APPLICATION[,]. THE NOTICE
27 SHALL INDICATE WHETHER THE APPLICANT IS APPLYING FOR THE
28 AMUSEMENT PERMIT REQUIRED BY SECTION 493(10). THE NOTICE SHALL
29 BE IN SUCH FORM, BE OF SUCH SIZE, AND [CONTAINING] CONTAIN SUCH
30 PROVISIONS AS THE BOARD MAY REQUIRE BY ITS REGULATIONS. PROOF OF
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1 THE POSTING OF SUCH NOTICE SHALL BE FILED WITH THE BOARD. THE
2 POSTING REQUIREMENT IMPOSED BY THIS SUBSECTION SHALL NOT APPLY
3 TO LICENSE APPLICATIONS SUBMITTED FOR PUBLIC VENUES.
4 * * *
5 Section 404. Issuance of Hotel, Restaurant and Club Liquor
6 Licenses.--Upon receipt of the application and the proper fees,
7 and upon being satisfied of the truth of the statements in the
8 application that the applicant is the only person in any manner
9 pecuniarily interested in the business so asked to be licensed
10 and that no other person will be in any manner pecuniarily
11 interested therein during the continuance of the license, except
12 as hereinafter permitted, and that the applicant is a person of
13 good repute, that the premises applied for meet all the
14 requirements of this act and the regulations of the board, that
15 the applicant seeks a license for a hotel, restaurant or club,
16 as defined in this act, and that the issuance of such license is
17 not prohibited by any of the provisions of this act, the board
18 shall, in the case of a hotel or restaurant, grant and issue to
19 the applicant a liquor license, and in the case of a club may,
20 in its discretion, issue or refuse a license: Provided, however,
21 That in the case of any new license or the transfer of any
22 license to a new location the board may, in its discretion,
23 grant or refuse such new license or transfer if such place
24 proposed to be licensed is within three hundred feet of any
25 church, hospital, charitable institution, school, or public
26 playground, or if such new license or transfer is applied for a
27 place which is within two hundred feet of any other premises
28 which is licensed by the board: And provided further, That the
29 board's authority to refuse to grant a license because of its
30 proximity to a church, hospital, charitable institution, public
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1 playground or other licensed premises shall not be applicable to
2 license applications submitted for public venues or performing
3 arts facilities: And provided further, That the board shall
4 refuse any application for a new license or the transfer of any
5 license to a new location if, in the board's opinion, such new
6 license or transfer would be detrimental to the welfare, health,
7 peace and morals of the inhabitants of the neighborhood within a
8 radius of five hundred feet of the place proposed to be
9 licensed: And provided further, That prior to July 1, 1996, in
10 any license district in a city of the first class, the board
11 may, in its opinion, refuse any application for a new license or
12 for any person-to-person transfer which shall include a change
13 in stockholders involving ten per centum or more of all
14 outstanding voting stock and/or less than ten per centum of all
15 outstanding voting stock when such change involves a majority or
16 controlling interest, of any license if the licensed premises is
17 or would be within three hundred feet of any church, hospital,
18 charitable institution, school or public playground or within
19 two hundred feet of any other premises licensed by the board and
20 if, in the opinion of the board, the licensed premises is or
21 would be detrimental to the welfare, health, peace and morals of
22 such church, hospital, school, public playground and/or the
23 inhabitants of the neighborhood within a radius of five hundred
24 feet of the licensed premises. The board may enter into an
25 agreement with the applicant concerning additional restrictions
26 on the license in question. If the board and the applicant enter
27 into such an agreement, such agreement shall be binding on the
28 applicant. Failure by the applicant to adhere to the agreement
29 will be sufficient cause to form the basis for a citation under
30 section 471 and for the nonrenewal of the license under section
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1 470. IN THE EVENT THAT A LICENSEE VIOLATES THE AGREEMENT ON <--
2 THREE SEPARATE OCCASIONS, THE LICENSE SHALL BE REVOKED. IF THE
3 BOARD ENTERS INTO AN AGREEMENT WITH AN APPLICANT CONCERNING
4 ADDITIONAL RESTRICTIONS, THOSE RESTRICTIONS SHALL BE BINDING ON
5 SUBSEQUENT OWNERS OF THE LICENSE UNTIL THE LICENSE IS
6 TRANSFERRED TO A NEW LOCATION OR UNTIL THE BOARD ENTERS INTO A
7 SUBSEQUENT AGREEMENT REMOVING THOSE RESTRICTIONS. IF THE
8 APPLICATION IN QUESTION INVOLVES A LOCATION PREVIOUSLY LICENSED
9 BY THE BOARD THEN ANY RESTRICTIONS IMPOSED BY THE BOARD ON THE
10 PREVIOUS LICENSE AT THAT LOCATION SHALL BE BINDING ON THE
11 APPLICANT UNLESS THE BOARD ENTERS INTO A NEW AGREEMENT
12 RESCINDING THOSE RESTRICTIONS. This authority to refuse a
13 person-to-person transfer in a city of the first class is in
14 addition to and not in derogation of the authority of the board
15 generally stated for all areas of this Commonwealth: And
16 provided further, That the board shall have the discretion to
17 refuse a license to any person or to any corporation,
18 partnership or association if such person, or any officer or
19 director of such corporation, or any member or partner of such
20 partnership or association shall have been convicted or found
21 guilty of a felony within a period of five years immediately
22 preceding the date of application for the said license. The
23 board shall refuse any application for a new license or the
24 transfer of any license to a location where the sale of liquid
25 fuels or oil is conducted. The board may, in its discretion,
26 refuse an application for an economic development license under
27 section 461(b.1) or an application for an intermunicipal
28 transfer of a license if the board receives a protest from the
29 governing body of the receiving municipality. The receiving
30 municipality of an intermunicipal transfer or an economic
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1 development license under section 461(b.1) may file a protest
2 against the transfer of a license into its municipality, and the
3 receiving municipality shall have standing in a hearing to
4 present testimony in support of or against the issuance or
5 transfer of a license. Upon any opening in any quota, an
6 application for a new license shall only be filed with the board
7 for a period of six months following said opening.
8 SECTION 3. SECTION 412 OF THE ACT IS AMENDED BY ADDING A <--
9 SUBSECTION TO READ:
10 SECTION 412. PUBLIC VENUE LICENSE.--* * *
11 (G) THE BOARD IS AUTHORIZED TO ISSUE MULTIPLE LICENSES UNDER
12 THIS SECTION FOR USE IN A PUBLIC VENUE WITH PERMANENT SEATING OF
13 AT LEAST THIRTY-FIVE THOUSAND (35,000) PEOPLE. IF THE BOARD DOES
14 ISSUE MORE THAN ONE LICENSE FOR A SPECIFIC PUBLIC VENUE, WRITTEN
15 NOTICE OF THE EVENT MUST BE PROVIDED TO THE ENFORCEMENT BUREAU
16 AT LEAST FORTY-EIGHT HOURS IN ADVANCE OF THE DISPENSING OF ANY
17 LIQUOR OR MALT OR BREWED BEVERAGES. THE NOTICE SHALL INCLUDE THE
18 DATE, TIME AND SPECIFIC LICENSED AREAS TO BE USED. NO MORE THAN
19 ONE LICENSE ISSUED UNDER THIS SECTION SHALL BE IN EFFECT AT ANY
20 LOCATION AT ANY TIME OF DAY AT THE SAME TIME.
21 Section 2 4. Section 431(b) of the act, amended December 21, <--
22 1998 (P.L.1202, No.155), is amended to read:
23 Section 431. Malt and Brewed Beverages Manufacturers',
24 Distributors' and Importing Distributors' Licenses.--* * *
25 (b) The board shall issue to any reputable person who
26 applies therefor, and pays the license fee hereinafter
27 prescribed, a distributor's or importing distributor's license
28 for the place which such person desires to maintain for the sale
29 of malt or brewed beverages, not for consumption on the premises
30 where sold, and in quantities of not less than a case or
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1 original containers containing one hundred twenty-eight ounces
2 or more which may be sold separately as prepared for the market
3 by the manufacturer at the place of manufacture. The board may
4 enter into an agreement with the applicant concerning additional
5 restrictions on the license in question. If the board and the
6 applicant enter into such an agreement, such agreement shall be
7 binding on the applicant. Failure by the applicant to adhere to
8 the agreement will be sufficient cause to form the basis for a
9 citation under section 471 and for the nonrenewal of the license
10 under section 470. IN THE EVENT THAT A LICENSEE VIOLATES THE <--
11 AGREEMENT ON THREE SEPARATE OCCASIONS, THE LICENSE SHALL BE
12 REVOKED. IF THE BOARD ENTERS INTO AN AGREEMENT WITH AN APPLICANT
13 CONCERNING ADDITIONAL RESTRICTIONS, THOSE RESTRICTIONS SHALL BE
14 BINDING ON SUBSEQUENT OWNERS OF THE LICENSE UNTIL THE LICENSE IS
15 TRANSFERRED TO A NEW LOCATION OR UNTIL THE BOARD ENTERS INTO A
16 SUBSEQUENT AGREEMENT REMOVING THOSE RESTRICTIONS. IF THE
17 APPLICATION IN QUESTION INVOLVES A LOCATION PREVIOUSLY LICENSED
18 BY THE BOARD THEN ANY RESTRICTIONS IMPOSED BY THE BOARD ON THE
19 PREVIOUS LICENSE AT THAT LOCATION SHALL BE BINDING ON THE
20 APPLICANT UNLESS THE BOARD ENTERS INTO A NEW AGREEMENT
21 RESCINDING THOSE RESTRICTIONS. The board shall have the
22 discretion to refuse a license to any person or to any
23 corporation, partnership or association if such person, or any
24 officer or director of such corporation, or any member or
25 partner of such partnership or association shall have been
26 convicted or found guilty of a felony within a period of five
27 years immediately preceding the date of application for the said
28 license: And provided further, That, in the case of any new
29 license or the transfer of any license to a new location, the
30 board may, in its discretion, grant or refuse such new license
20020H2574B4608 - 8 -
1 or transfer if such place proposed to be licensed is within
2 three hundred feet of any church, hospital, charitable
3 institution, school or public playground, or if such new license
4 or transfer is applied for a place which is within two hundred
5 feet of any other premises which is licensed by the board: And
6 provided further, That the board shall refuse any application
7 for a new license or the transfer of any license to a new
8 location if, in the board's opinion, such new license or
9 transfer would be detrimental to the welfare, health, peace and
10 morals of the inhabitants of the neighborhood within a radius of
11 five hundred feet of the place proposed to be licensed. The
12 board shall refuse any application for a new license or the
13 transfer of any license to a location where the sale of liquid
14 fuels or oil is conducted. The board shall require notice to be
15 posted on the property or premises upon which the licensee or
16 proposed licensee will engage in sales of malt or brewed
17 beverages. This notice shall be similar to the notice required
18 of hotel, restaurant and club liquor licensees.
19 Except as hereinafter provided, such license shall authorize
20 the holder thereof to sell or deliver malt or brewed beverages
21 in quantities above specified anywhere within the Commonwealth
22 of Pennsylvania, which, in the case of distributors, have been
23 purchased only from persons licensed under this act as
24 manufacturers or importing distributors, and in the case of
25 importing distributors, have been purchased from manufacturers
26 or persons outside this Commonwealth engaged in the legal sale
27 of malt or brewed beverages or from manufacturers or importing
28 distributors licensed under this article. In the case of an
29 importing distributor, the holder of such a license shall be
30 authorized to store malt or brewed beverages owned by an out of
20020H2574B4608 - 9 -
1 State manufacturer at a segregated portion of a warehouse or
2 other storage facility authorized by section 441(d) and operated
3 by the importing distributor within its appointed territory and
4 deliver such beverages to another importing distributor who has
5 been granted distribution rights by the out of State
6 manufacturer as provided herein. The importing distributor shall
7 be permitted to receive a fee from the out of State manufacturer
8 for any related storage or delivery services. In the case of a
9 bailee for hire hired by an out of State manufacturer, the
10 holder of such a permit shall be authorized: to receive or store
11 malt or brewed beverages under the same conditions as permitted
12 for a distributor or importing distributor under section 441(f)
13 produced by that out of State manufacturer for sale by that
14 manufacturer to importing distributors to whom that out of State
15 manufacturer has given distribution rights pursuant to this
16 subsection or to purchasers outside this Commonwealth for
17 delivery outside this Commonwealth; or to ship to that out of
18 State manufacturer's storage facilities outside this
19 Commonwealth. The bailee for hire shall be permitted to receive
20 a fee from the out of State manufacturer for any related storage
21 or delivery services. The bailee for hire shall, as required in
22 Article V of this act, keep complete and accurate records of all
23 transactions, inventory, receipts and shipments and make all
24 records and the licensed areas available for inspection by the
25 board and for the Pennsylvania State Police, Bureau of Liquor
26 Control Enforcement, during normal business hours.
27 Each out of State manufacturer of malt or brewed beverages
28 whose products are sold and delivered in this Commonwealth shall
29 give distributing rights for such products in designated
30 geographical areas to specific importing distributors, and such
20020H2574B4608 - 10 -
1 importing distributor shall not sell or deliver malt or brewed
2 beverages manufactured by the out of State manufacturer to any
3 person issued a license under the provisions of this act whose
4 licensed premises are not located within the geographical area
5 for which he has been given distributing rights by such
6 manufacturer. Should a licensee accept the delivery of such malt
7 or brewed beverages in violation of this section, said licensee
8 shall be subject to a suspension of his license for at least
9 thirty days: Provided, That the importing distributor holding
10 such distributing rights for such product shall not sell or
11 deliver the same to another importing distributor without first
12 having entered into a written agreement with the said secondary
13 importing distributor setting forth the terms and conditions
14 under which such products are to be resold within the territory
15 granted to the primary importing distributor by the
16 manufacturer.
17 When a Pennsylvania manufacturer of malt or brewed beverages
18 licensed under this article names or constitutes a distributor
19 or importing distributor as the primary or original supplier of
20 his product, he shall also designate the specific geographical
21 area for which the said distributor or importing distributor is
22 given distributing rights, and such distributor or importing
23 distributor shall not sell or deliver the products of such
24 manufacturer to any person issued a license under the provisions
25 of this act whose licensed premises are not located within the
26 geographical area for which distributing rights have been given
27 to the distributor and importing distributor by the said
28 manufacturer: Provided, That the importing distributor holding
29 such distributing rights for such product shall not sell or
30 deliver the same to another importing distributor without first
20020H2574B4608 - 11 -
1 having entered into a written agreement with the said secondary
2 importing distributor setting forth the terms and conditions
3 under which such products are to be resold within the territory
4 granted to the primary importing distributor by the
5 manufacturer. Nothing herein contained shall be construed to
6 prevent any manufacturer from authorizing the importing
7 distributor holding the distributing rights for a designated
8 geographical area from selling the products of such manufacturer
9 to another importing distributor also holding distributing
10 rights from the same manufacturer for another geographical area,
11 providing such authority be contained in writing and a copy
12 thereof be given to each of the importing distributors so
13 affected.
14 * * *
15 Section 3 5. Section 432(d) AND (E) of the act, amended <--
16 December 20, 2000 (P.L.992, No.141), is ARE amended to read: <--
17 Section 432. Malt and Brewed Beverages Retail Licenses.--* *
18 *
19 (d) The board shall, in its discretion, grant or refuse any
20 new license or the transfer of any license to a new location if
21 such place proposed to be licensed is within three hundred feet
22 of any church, hospital, charitable institution, school, or
23 public playground, or if such new license or transfer is applied
24 for a place which is within two hundred feet of any other
25 premises which is licensed by the board. The board may enter
26 into an agreement with the applicant concerning additional
27 restrictions on the license in question. If the board and the
28 applicant enter into such an agreement, such agreement shall be
29 binding on the applicant. Failure by the applicant to adhere to
30 the agreement will be sufficient cause to form the basis for a
20020H2574B4608 - 12 -
1 citation under section 471 and for the nonrenewal of the license
2 under section 470. IN THE EVENT THAT A LICENSEE VIOLATES THE <--
3 AGREEMENT ON THREE SEPARATE OCCASIONS, THE LICENSE SHALL BE
4 REVOKED. IF THE BOARD ENTERS INTO AN AGREEMENT WITH AN APPLICANT
5 CONCERNING ADDITIONAL RESTRICTIONS, THOSE RESTRICTIONS SHALL BE
6 BINDING ON SUBSEQUENT OWNERS OF THE LICENSE UNTIL THE LICENSE IS
7 TRANSFERRED TO A NEW LOCATION OR UNTIL THE BOARD ENTERS INTO A
8 SUBSEQUENT AGREEMENT REMOVING THOSE RESTRICTIONS. IF THE
9 APPLICATION IN QUESTION INVOLVES A LOCATION PREVIOUSLY LICENSED
10 BY THE BOARD THEN ANY RESTRICTIONS IMPOSED BY THE BOARD ON THE
11 PREVIOUS LICENSE AT THAT LOCATION SHALL BE BINDING ON THE
12 APPLICANT UNLESS THE BOARD ENTERS INTO A NEW AGREEMENT
13 RESCINDING THOSE RESTRICTIONS. The board shall refuse any
14 application for a new license or the transfer of any license to
15 a new location if, in the board's opinion, such new license or
16 transfer would be detrimental to the welfare, health, peace and
17 morals of the inhabitants of the neighborhood within a radius of
18 five hundred feet of the place to be licensed. The board shall
19 refuse any application for a new license or the transfer of any
20 license to a location where the sale of liquid fuels or oil is
21 conducted: And provided further, That the board shall have the
22 discretion to refuse a license to any person or to any
23 corporation, partnership or association if such person, or any
24 officer or director of such corporation, or any member or
25 partner of such partnership or association shall have been
26 convicted or found guilty of a felony within a period of five
27 years immediately preceding the date of application for the said
28 license. The board may, in its discretion, refuse an application
29 for an economic development license under section 461(b.1) or an
30 application for an intermunicipal transfer or a license if the
20020H2574B4608 - 13 -
1 board receives a protest from the governing body of the
2 receiving municipality. The receiving municipality of an
3 intermunicipal transfer or an economic development license under
4 section 461(b.1) may file a protest against the approval for
5 issuance of a license for economic development or an
6 intermunicipal transfer of a license into its municipality, and
7 such municipality shall have standing in a hearing to present
8 testimony in support of or against the issuance or transfer of a
9 license. Upon any opening in any quota, an application for a new
10 license shall only be filed with the board for a period of six
11 months following said opening.
12 (E) EVERY APPLICANT FOR A NEW OR FOR THE TRANSFER OF AN <--
13 EXISTING LICENSE TO ANOTHER PREMISES NOT THEN LICENSED SHALL
14 POST, FOR A PERIOD OF AT LEAST [FIFTEEN] THIRTY DAYS BEGINNING
15 WITH THE DAY THE APPLICATION IS FILED WITH THE BOARD, IN A
16 CONSPICUOUS PLACE ON THE OUTSIDE OF THE PREMISES OR IN A WINDOW
17 PLAINLY VISIBLE FROM THE OUTSIDE OF THE PREMISES FOR WHICH THE
18 LICENSE IS APPLIED OR AT THE PROPOSED NEW LOCATION, A NOTICE OF
19 SUCH APPLICATION[,]. THE NOTICE SHALL INDICATE WHETHER THE
20 APPLICANT IS APPLYING FOR THE AMUSEMENT PERMIT REQUIRED BY
21 SECTION 493(10). THE NOTICE SHALL BE IN SUCH FORM, BE OF SUCH
22 SIZE, AND [CONTAINING] CONTAIN SUCH PROVISIONS AS THE BOARD MAY
23 REQUIRE BY ITS REGULATIONS. PROOF OF THE POSTING OF SUCH NOTICE
24 SHALL BE FILED WITH THE BOARD.
25 * * *
26 SECTION 6. SECTION 441(B) OF THE ACT, AMENDED MAY 31, 1996 <--
27 (P.L.312, NO.49), IS AMENDED TO READ:
28 SECTION 441. DISTRIBUTORS' AND IMPORTING DISTRIBUTORS'
29 RESTRICTIONS ON SALES, STORAGE, ETC.--* * *
30 (B) NO DISTRIBUTOR OR IMPORTING DISTRIBUTOR SHALL SELL ANY
20020H2574B4608 - 14 -
1 MALT OR BREWED BEVERAGES IN QUANTITIES OF LESS THAN A CASE OR
2 ORIGINAL CONTAINERS CONTAINING ONE HUNDRED TWENTY-EIGHT OUNCES
3 OR MORE WHICH MAY BE SOLD SEPARATELY: PROVIDED, THAT NO MALT OR
4 BREWED BEVERAGES SOLD OR DELIVERED SHALL BE CONSUMED UPON THE
5 PREMISES OF THE DISTRIBUTOR OR IMPORTING DISTRIBUTOR, OR IN ANY
6 PLACE PROVIDED FOR SUCH PURPOSE BY SUCH DISTRIBUTOR OR IMPORTING
7 DISTRIBUTOR. NOTWITHSTANDING THIS SECTION OR ANY OTHER SECTION
8 OF THIS ACT, MALT OR BREWED BEVERAGES WHICH ARE PART OF A
9 TASTING CONDUCTED PURSUANT TO THE BOARD'S REGULATIONS MAY BE
10 CONSUMED ON LICENSED PREMISES.
11 Section 4 7. Section 470(a) of the act, amended December 21, <--
12 1998 (P.L.1202, No.155), is amended to read:
13 Section 470. Renewal of Licenses; Temporary Provisions for
14 Licensees in Armed Service.--(a) All applications for renewal
15 of licenses under the provisions of this article shall be filed
16 with tax clearance from the Department of Revenue and the
17 Department of Labor and Industry and requisite license and
18 filing fees at least sixty days before the expiration date of
19 same: Provided, however, That the board, in its discretion, may
20 accept nunc pro tunc a renewal application filed less than sixty
21 days before the expiration date of the license with the required
22 fees, upon reasonable cause shown and the payment of an
23 additional filing fee of one hundred dollars ($100.00) for late
24 filing: And provided further, That except where the failure to
25 file a renewal application on or before the expiration date has
26 created a license quota vacancy after said expiration date which
27 has been filled by the issuance of a new license, after such
28 expiration date, but before the board has received a renewal
29 application nunc pro tunc within the time prescribed herein the
30 board, in its discretion, may, after hearing, accept a renewal
20020H2574B4608 - 15 -
1 application filed within two years after the expiration date of
2 the license with the required fees upon the payment of an
3 additional filing fee of two hundred fifty dollars ($250.00) for
4 late filing. Where any such renewal application is filed less
5 than sixty days before the expiration date, or subsequent to the
6 expiration date, no license shall issue upon the filing of the
7 renewal application until the matter is finally determined by
8 the board and if an appeal is taken from the board's action the
9 courts shall not order the issuance of the renewal license until
10 final determination of the matter by the courts. The board may
11 enter into an agreement with the applicant concerning additional
12 restrictions on the license in question. If the board and the
13 applicant enter into such an agreement, such agreement shall be
14 binding on the applicant. Failure by the applicant to adhere to
15 the agreement will be sufficient cause to form the basis for a
16 citation under section 471 and for the nonrenewal of the license
17 under this section. IN THE EVENT THAT A LICENSEE VIOLATES THE <--
18 AGREEMENT ON THREE SEPARATE OCCASIONS, THE LICENSE SHALL BE
19 REVOKED. A renewal application will not be considered filed
20 unless accompanied by the requisite filing and license fees and
21 any additional filing fee required by this section. Unless the
22 board shall have given ten days' previous notice to the
23 applicant of objections to the renewal of his license, based
24 upon violation by the licensee or his servants, agents or
25 employes of any of the laws of the Commonwealth or regulations
26 of the board relating to the manufacture, transportation, use,
27 storage, importation, possession or sale of liquors, alcohol or
28 malt or brewed beverages, or the conduct of a licensed
29 establishment, or unless the applicant has by his own act become
30 a person of ill repute, or unless the premises do not meet the
20020H2574B4608 - 16 -
1 requirements of this act or the regulations of the board, the
2 license of a licensee shall be renewed.
3 * * *
4 SECTION 8. SECTION 471(C) OF THE ACT, AMENDED FEBRUARY 21, <--
5 2002 (P.L.103, NO.10), IS AMENDED TO READ:
6 SECTION 471. REVOCATION AND SUSPENSION OF LICENSES; FINES.--
7 * * *
8 (C) THE ADMINISTRATIVE LAW JUDGE MAY CONSIDER THE LICENSEE'S
9 PRIOR CITATION HISTORY WHEN IMPOSING A PENALTY. IF THE VIOLATION
10 IN QUESTION IS A THIRD OR SUBSEQUENT VIOLATION OF [THIS ACT] ANY
11 OFFENSE REFERRED TO IN SUBSECTION (B) OR TITLE 18 OF THE
12 PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO CRIMES AND
13 OFFENSES), OCCURRING WITHIN A PERIOD OF FOUR YEARS, THE
14 ADMINISTRATIVE LAW JUDGE SHALL IMPOSE A SUSPENSION OR
15 REVOCATION.
16 * * *
17 SECTION 9. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 474.1. SURRENDER OF RESTAURANT, EATING PLACE RETAIL
19 DISPENSER, HOTEL, IMPORTING DISTRIBUTOR AND DISTRIBUTOR LICENSE
20 FOR BENEFIT OF LICENSEE.--(A) A RESTAURANT, EATING PLACE RETAIL
21 DISPENSER, HOTEL, IMPORTING DISTRIBUTOR AND DISTRIBUTOR LICENSEE
22 WHOSE LICENSED ESTABLISHMENT IS NOT IN OPERATION FOR FIFTEEN
23 CONSECUTIVE DAYS SHALL RETURN ITS LICENSE FOR SAFEKEEPING WITH
24 THE BOARD NO LATER THAN AT THE EXPIRATION OF THE FIFTEEN-DAY
25 PERIOD. THE LICENSE MAY ONLY BE REISSUED FROM SAFEKEEPING IN THE
26 MANNER SET FORTH BY THE BOARD THROUGH REGULATION.
27 (B) THE BOARD MAY HOLD THE LICENSE IN SAFEKEEPING FOR A
28 PERIOD NOT TO EXCEED THREE CONSECUTIVE YEARS. ANY LICENSE
29 REMAINING IN SAFEKEEPING FOR MORE THAN THREE CONSECUTIVE YEARS
30 SHALL BE IMMEDIATELY REVOKED BY THE BUREAU OF LICENSING UNLESS A
20020H2574B4608 - 17 -
1 TRANSFER APPLICATION OR REQUEST FOR REISSUE FROM SAFEKEEPING HAS
2 BEEN FILED PRIOR TO THE EXPIRATION OF THE THREE-YEAR PERIOD. THE
3 BOARD SHALL EXTEND THE PERIOD FOR AN ADDITIONAL YEAR IF AT THE
4 END OF THE THREE-YEAR PERIOD, THE LICENSED PREMISES ARE
5 UNAVAILABLE DUE TO FIRE, FLOOD OR OTHER SIMILAR NATURAL
6 DISASTER.
7 (C) IN THE EVENT A TRANSFER APPLICATION FILED PRIOR TO THE
8 EXPIRATION OF THE THREE-YEAR PERIOD IS DISAPPROVED BY THE BOARD,
9 THROUGH ITS EXERCISE OF DISCRETION, THEN THE LICENSE MAY REMAIN
10 IN SAFEKEEPING FOR AN ADDITIONAL PERIOD OF THREE CONSECUTIVE
11 MONTHS AFTER THE BOARD'S DECISION TO REFUSE THE TRANSFER
12 APPLICATION. FAILURE TO REMOVE THE LICENSE FROM SAFEKEEPING OR
13 TO FILE ANOTHER TRANSFER APPLICATION PRIOR TO THE EXPIRATION OF
14 THE THREE-MONTH PERIOD OF TIME SHALL RESULT IN REVOCATION OF THE
15 LICENSE.
16 (D) ANY PERIOD OF TIME IN WHICH THE LICENSEE ALLOWS THE
17 LICENSE TO LAPSE BY NOT FILING A TIMELY LICENSE RENEWAL OR
18 LICENSE VALIDATION SHALL BE CONSIDERED TIME IN WHICH THE LICENSE
19 WAS HELD IN SAFEKEEPING, FOR PURPOSES OF THIS SECTION.
20 (E) A LICENSE PLACED IN SAFEKEEPING PRIOR TO THE EFFECTIVE
21 DATE OF THIS ACT WILL BE DEEMED TO HAVE BEEN PLACED IN
22 SAFEKEEPING ON THE EFFECTIVE DATE OF THIS ACT, FOR PURPOSES OF
23 THIS SECTION.
24 SECTION 10. SECTION 493(13), (17) AND (20)(I) OF THE ACT,
25 AMENDED MAY 31, 1996 (P.L.312, NO.49) AND NOVEMBER 10, 1999
26 (P.L.514, NO.47), ARE AMENDED TO READ:
27 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
28 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
29 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
30 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
20020H2574B4608 - 18 -
1 OTHERWISE.
2 IT SHALL BE UNLAWFUL--
3 * * *
4 (13) RETAIL LICENSEES EMPLOYING MINORS. FOR ANY HOTEL,
5 RESTAURANT OR CLUB LIQUOR LICENSEE, OR ANY RETAIL DISPENSER, TO
6 EMPLOY OR TO PERMIT ANY MINOR UNDER THE AGE OF EIGHTEEN TO SERVE
7 ANY ALCOHOLIC BEVERAGES OR TO EMPLOY OR PERMIT ANY MINOR UNDER
8 THE AGE OF SIXTEEN TO RENDER ANY SERVICE WHATEVER IN THE
9 LICENSED PREMISES, NOR SHALL ANY ENTERTAINER UNDER THE AGE OF
10 EIGHTEEN BE EMPLOYED OR PERMITTED TO PERFORM IN ANY LICENSED
11 PREMISES IN VIOLATION OF THE LABOR LAWS OF THIS COMMONWEALTH:
12 PROVIDED, THAT IN ACCORDANCE WITH BOARD REGULATIONS MINORS
13 BETWEEN THE AGES OF SIXTEEN AND EIGHTEEN MAY BE EMPLOYED TO
14 SERVE FOOD, CLEAR TABLES AND PERFORM OTHER SIMILAR DUTIES, NOT
15 TO INCLUDE THE DISPENSING OR SERVING OF ALCOHOLIC BEVERAGES.
16 [NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, IT
17 SHALL BE LAWFUL] IT SHALL BE UNLAWFUL FOR ANY SKI RESORT, GOLF
18 COURSE OR AMUSEMENT PARK LICENSEE TO EMPLOY MINORS FOURTEEN AND
19 FIFTEEN YEARS OF AGE TO PERFORM DUTIES [ONLY] IN ROOMS OR AREAS
20 OF THE LICENSED PREMISES WHEN AND WHERE ALCOHOLIC BEVERAGES ARE
21 [NOT] DISPENSED, SERVED OR STORED [DURING THE TIME IN WHICH THE
22 MINOR IS PERFORMING SUCH DUTIES] IN UNSECURED STORAGE.
23 * * *
24 (17) LICENSEES, ETC., INTERESTED OR EMPLOYED IN
25 MANUFACTURING OR SALE OF EQUIPMENT OR FIXTURES. FOR ANY
26 LICENSEE, OR ANY OFFICER, DIRECTOR, STOCKHOLDER, SERVANT, AGENT
27 OR EMPLOYE OF ANY LICENSEE, TO OWN ANY INTEREST, DIRECTLY OR
28 INDIRECTLY, IN OR BE EMPLOYED OR ENGAGED IN ANY BUSINESS WHICH
29 INVOLVES THE MANUFACTURE OR SALE OF ANY EQUIPMENT, FURNISHINGS
30 OR FIXTURES TO ANY HOTEL, RESTAURANT OR CLUB LICENSEES, OR TO
20020H2574B4608 - 19 -
1 ANY IMPORTING DISTRIBUTORS, DISTRIBUTORS OR RETAIL DISPENSERS:
2 PROVIDED, HOWEVER, THAT AS TO MALT OR BREWED BEVERAGE LICENSEES,
3 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO SUCH A
4 CONFLICTING INTEREST IF IT HAS EXISTED FOR A PERIOD OF NOT LESS
5 THAN THREE YEARS PRIOR TO THE FIRST DAY OF JANUARY, ONE THOUSAND
6 NINE HUNDRED THIRTY-SEVEN, AND THE BOARD SHALL APPROVE.
7 NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS
8 ACT, IT SHALL BE PERMISSIBLE FOR LICENSEES TO SELL GLASSES AT
9 NOT LESS THAN COST AND TO PROVIDE BEER BUCKETS, COASTERS, METAL
10 KEG CONNECTORS AND TAP KNOBS TO OTHER LICENSEES AND TO HOLDERS
11 OF SPECIAL OCCASION PERMITS.
12 * * *
13 (20) (I) RETAIL LIQUOR AND RETAIL MALT OR BREWED BEVERAGES
14 LICENSEE'S INSIDE ADVERTISEMENTS. FOR ANY RETAIL LIQUOR OR
15 RETAIL MALT OR BREWED BEVERAGES LICENSEE, TO DISPLAY OR PERMIT
16 THE DISPLAY IN THE SHOW WINDOW OR DOORWAYS OF HIS LICENSED
17 PREMISES, ANY PLACARD OR SIGN ADVERTISING THE BRANDS OF LIQUOR
18 OR MALT OR BREWED BEVERAGES, IF THE TOTAL DISPLAY AREA OF ANY
19 SUCH PLACARD OR SIGN ADVERTISING THE PRODUCT OR PRODUCTS EXCEEDS
20 SIX HUNDRED SQUARE INCHES. NOTHING HEREIN SHALL PROHIBIT A
21 LICENSEE FROM DISPLAYING INSIDE HIS LICENSED PREMISES POINT OF
22 SALE DISPLAYS ADVERTISING BRAND NAMES OF PRODUCTS SOLD BY HIM,
23 OTHER THAN A WINDOW OR DOOR DISPLAY: PROVIDED, THAT THE TOTAL
24 COST OF ALL SUCH POINT OF SALE ADVERTISING MATTER RELATING TO
25 ANY ONE BRAND SHALL [NOT EXCEED THE SUM OF ONE HUNDRED FORTY
26 DOLLARS ($140) AT ANY ONE TIME, AND NO SINGLE PIECE OF
27 ADVERTISING SHALL EXCEED A COST OF SEVENTY DOLLARS ($70). THE
28 BOARD IS AUTHORIZED TO MAKE ANNUAL ADJUSTMENTS TO THE COST
29 LIMITATIONS ON POINT OF DISPLAY ADVERTISING TO REFLECT ANY
30 CHANGES IN SUCH LIMITATIONS BY THE UNITED STATES BUREAU OF
20020H2574B4608 - 20 -
1 ALCOHOL, TOBACCO AND FIREARMS OR ITS SUCCESSORS IN ACCORDANCE
2 WITH 27 CFR 6.83 (RELATING TO PRODUCT DISPLAYS) AND 27 CFR 6.85
3 (RELATING TO RETAILER ADVERTISING SPECIALTIES).] NOT EXCEED THE
4 DOLLAR AMOUNT SET FORTH BY THE BOARD THROUGH REGULATION. ALL
5 SUCH ADVERTISING MATERIAL, INCLUDING THE WINDOW AND DOOR SIGNS,
6 MAY BE FURNISHED BY A MANUFACTURER, DISTRIBUTOR OR IMPORTING
7 DISTRIBUTOR. THE RESTRICTIONS ON ADVERTISING SET FORTH IN
8 SUBCLAUSE (II) AND IN CLAUSES (20.1) AND (20.2) SHALL ALSO APPLY
9 TO THIS SUBCLAUSE.
10 * * *
11 Section 5 11. This act shall take effect immediately. <--
C11L47JLW/20020H2574B4608 - 21 -