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                                                      PRINTER'S NO. 1027

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
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     1     * * *
     2     Section 2.  This act shall take effect in 60 days.



















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