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        PRIOR PRINTER'S NO. 3147                      PRINTER'S NO. 3907

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2206 Session of 2008


        INTRODUCED BY RAYMOND, DONATUCCI, BARRAR, BELFANTI, FABRIZIO,
           HALUSKA, HARKINS, KILLION, KOTIK, MAHONEY, MYERS, PETRONE,
           SEIP, SOLOBAY, YUDICHAK, PASHINSKI, KORTZ, CARROLL, SIPTROTH,
           SONNEY, THOMAS AND J. EVANS, JANUARY 28, 2008

        AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 10, 2008

                                     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     providing for expanded restaurant licenses, fees, privileges
    18     and restrictions; PROVIDING FOR LIMITATION OF CERTAIN PRIZES;  <--
    19     and further providing for revocation and suspension of
    20     licenses and fees and for premises to be vacated by patrons.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  The act of April 12, 1951 (P.L.90, No.21), known
    24  as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
    25  No.14), is amended by adding a section SECTIONS to read:          <--


     1     Section 415.  Expanded Restaurant Licenses; Fees; Privileges;
     2  Restrictions.--(a)  Notwithstanding any other provision of this
     3  article to the contrary, a holder of a restaurant license that
     4  is also approved to hold a slot machine license or conditional
     5  slot machine license pursuant to 4 Pa.C.S. Pt. II (relating to
     6  gaming) or is an affiliate, intermediary, subsidiary, holding
     7  company or otherwise under common ownership with a person
     8  approved to hold a slot machine license or conditional slot
     9  machine license, may, in its discretion, convert its restaurant
    10  license to an expanded restaurant license by registering with
    11  the board as an expanded restaurant licensee and upon payment to
    12  the board of a conversion fee in the amount of one hundred
    13  twenty-five thousand dollars ($125,000).
    14     (b)  Expanded restaurant licensees shall pay an annual
    15  license fee to the board in the amount of fifteen thousand
    16  dollars ($15,000). If the annual fee is not timely paid, the
    17  expanded restaurant license shall expire BE SUSPENDED until such  <--
    18  time as the annual fee is paid.
    19     (c)  Notwithstanding any other provision of this article to
    20  the contrary, a holder of an expanded restaurant license may
    21  sell or serve liquor and malt or brewed beverages after ten
    22  o'clock antemeridian of any day until five o'clock antemeridian
    23  of the following day.
    24     (d)  In addition to the provisions of section 493(24)(ii),
    25  expanded restaurant licensees may give liquor and malt or brewed
    26  beverage BEVERAGES free of charge to any person attending an      <--
    27  invitation only event held anywhere on the premises of the
    28  licensed facility, as that term is defined in 4 Pa.C.S. § 1103
    29  (relating to definitions).
    30     (e)  Notwithstanding the provisions of section 404, an
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     1  expanded restaurant license may not be transferred to a new
     2  location. Provided, however, that nothing in this subsection
     3  shall preclude a transfer of ownership of an expanded restaurant
     4  license to another person eligible for an expanded restaurant
     5  license under subsection (a) to be used at the same licensed
     6  premises.
     7     (f)  If the holder of an expanded restaurant license has been
     8  cited and found to have violated section 493(1) insofar as it
     9  relates to sales to minors or sales to a visibly intoxicated
    10  person, section 493(10) insofar as it relates to lewd, immoral
    11  or improper entertainment or section 493(14), (16) or (21), or
    12  has been found to be a public nuisance pursuant to section 611,
    13  or if the owner or operator of the licensed premises or any
    14  authorized agent of the owner or operator has been convicted of
    15  any violation of the act of April 14, 1972 (P.L.233, No.64),
    16  known as "The Controlled Substance, Drug, Device and Cosmetic
    17  Act," or of 18 Pa.C.S. § 5902 (relating to prostitution and
    18  related offenses) or 6301 (relating to corruption of minors), at
    19  or relating to the licensed premises, the administrative law
    20  judge may either suspend or revoke the license, or impose a fine
    21  of not less than two thousand dollars ($2,000) FIVE THOUSAND      <--
    22  DOLLARS ($5,000) nor more than ten thousand dollars ($10,000)     <--
    23  TWENTY THOUSAND DOLLARS ($20,000), but not both. As to other      <--
    24  violations by the holder of an expanded restaurant license, the
    25  administrative law judge may either suspend or revoke the
    26  license, or impose a fine of not less than one hundred dollars
    27  ($100) nor more than five thousand dollars ($5,000), but not
    28  both. For the violations referenced in this subsection for
    29  holders of expanded restaurant licenses, the penalties provided
    30  for in this subsection supersede the penalties provided for in
    20080H2206B3907                  - 3 -     

     1  section 471(b).
     2     (g)  Except as otherwise specifically provided, the
     3  provisions of this article relating to restaurant licenses shall
     4  be applicable to expanded restaurant licenses and the sales of
     5  liquor and malt or brewed beverages by expanded restaurant
     6  licensees shall be made in accordance with and subject to the
     7  provisions of this article relating to the sale of liquors by
     8  restaurant licensees.
     9     SECTION 415.1.  LIMITATION OF PRIZES.--NOTHING IN THIS ACT OR  <--
    10  IN ANY REGULATION RELATING TO THE LIMITATION OF PRIZES FOR ANY
    11  GIVEN EVENT, TOURNAMENT OR CONTEST SPONSORED OR HELD ON THE
    12  PREMISES OF A LICENSEE SHALL APPLY TO A LICENSEE THAT IS ALSO
    13  LICENSED UNDER 4 PA.C.S. PT. II (RELATING TO GAMING).
    14     Section 2.  Section 471(c) of the act, amended February 21,
    15  2002 (P.L.103, No.10) and December 9, 2002 (P.L.1653, No.212),
    16  is amended to read:
    17     Section 471.  Revocation and Suspension of Licenses; Fines.--
    18  * * *
    19     (c)  The administrative law judge may consider the licensee's
    20  prior citation history when imposing a penalty. [If] Except
    21  where the licensee is an expanded restaurant licensee, if the
    22  violation in question is a third or subsequent violation of any
    23  offense referred to in subsection (b) or Title 18 of the
    24  Pennsylvania Consolidated Statutes (relating to crimes and
    25  offenses), occurring within a period of four years, the
    26  administrative law judge shall impose a suspension or
    27  revocation.
    28     * * *
    29     Section 3.  Section 499(d) of the act, amended February 21,
    30  2002 (P.L.103, No.10), is amended to read:
    20080H2206B3907                  - 4 -     

     1     Section 499.  Premises to be Vacated by Patrons.--* * *
     2     (d)  This section shall not apply to holders of public
     3  service licenses and expanded restaurant licenses.
     4     * * *
     5     Section 4.  This act shall take effect in 60 days.

















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