PRINTER'S NO. 1027
No. 878 Session of 2007
INTRODUCED BY KASUNIC, RAFFERTY, TARTAGLIONE, LAVALLE, COSTA AND WASHINGTON, MAY 18, 2007
REFERRED TO LAW AND JUSTICE, MAY 18, 2007
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 limiting number of retail licenses 18 issued in each county. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. The definition of "hotel" in section 461(c) of 22 act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, 23 reenacted and amended June 29, 1987 (P.L.32, No.14) and amended 24 February 21, 2006 (P.L.42, No.15), is amended to read: 25 Section 461. Limiting Number of Retail Licenses To Be Issued
1 In Each County.--* * * 2 (c) The word "hotel" as used in this section shall mean any 3 reputable place operated by a responsible person of good 4 reputation where the public may, for a consideration, obtain 5 sleeping accommodations, and which shall have the following 6 number of bedrooms and requirements in each case--at least one- 7 half of the required number of bedrooms shall be regularly 8 available to transient guests seven days weekly, except in 9 resort areas; at least one-third of such bedrooms shall be 10 equipped with hot and cold water, a lavatory, commode, bathtub 11 or shower and a clothes closet; and an additional one-third of 12 the total of such required rooms shall be equipped with lavatory 13 and commode: 14 (1) In municipalities having a population of less than three 15 thousand, at least twelve permanent bedrooms for the use of 16 guests. 17 (2) In municipalities having a population of three thousand 18 and more but less than ten thousand inhabitants, at least 19 sixteen permanent bedrooms for the use of guests. 20 (3) In municipalities having a population of ten thousand 21 and more but less than twenty-five thousand inhabitants, at 22 least thirty permanent bedrooms for the use of guests. 23 (4) In municipalities having a population of twenty-five 24 thousand and more but less than one hundred thousand 25 inhabitants, at least forty permanent bedrooms for the use of 26 guests. 27 (5) In municipalities having a population of one hundred 28 thousand and more inhabitants, at least fifty permanent bedrooms 29 for the use of guests. 30 (6) A public dining room or rooms operated by the same 20070S0878B1027 - 2 -
1 management accommodating at least thirty persons at one time and 2 a kitchen, apart from the dining room or rooms, in which food is 3 regularly prepared for the public. 4 (7) Each room to be considered a bedroom under the 5 requirements of this section shall have an area of not less than 6 eighty square feet and an outside window. 7 (8) The provisions of this subsection (c) shall not apply to 8 hotel licenses granted prior to the first day of September, one 9 thousand nine hundred forty-nine, or that have been granted on 10 any application made and pending prior to said date, nor to any 11 renewal or transfer thereof, or hotels under construction or for 12 which a bona fide contract had been entered into for 13 construction prior to said date. In such cases, the provisions 14 of section one of the act, approved the twenty-fourth day of 15 June, one thousand nine hundred thirty-nine (Pamphlet Laws 806), 16 shall continue to apply. 17 (9) Upon application to and subject to inspection by the 18 board, hotel licensees under clause (8) of this subsection shall 19 no longer be required to maintain bedrooms for public 20 accommodation. However, areas required and designated as 21 bedrooms for public accommodation prior to the effective date of 22 this clause may not subsequently be used as licensed serving 23 area. Such area may be used as licensed storage area consistent 24 with this act and existing regulations. 25 (10) Clauses (8) and (9) of this subsection shall apply to a 26 hotel that was granted a hotel license prior to the first day of 27 September, one thousand nine hundred forty-nine and that allowed 28 the hotel license to lapse not more than once provided that the 29 board issued the hotel a new hotel license prior to the first 30 day of January, one thousand nine hundred seventy-one. 20070S0878B1027 - 3 -
1 * * * 2 Section 2. This act shall take effect in 60 days. D19L47DMS/20070S0878B1027 - 4 -