PRINTER'S NO. 465
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
88
Session of
2017
INTRODUCED BY LAWRENCE, BARRAR, COX, GABLER, JAMES, KNOWLES,
NELSON, SANKEY AND WARD, FEBRUARY 13, 2017
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 13, 2017
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "An act relating to alcoholic liquors, alcohol and
malt and brewed beverages; amending, revising, consolidating
and changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," in
licenses and regulations relating to liquor, alcohol and malt
and brewed beverages, further providing for renewal of
licenses and temporary provisions for licensees in armed
service.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 470(a) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, amended June 8, 2016
(P.L.273, No.39), is amended to read:
Section 470. Renewal of Licenses; Temporary Provisions for
Licensees in Armed Service.--(a) All applications for
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validation or renewal of licenses under the provisions of this
article shall be filed with tax clearance from the Department of
Revenue and the Department of Labor and Industry and requisite
license and filing fees, and shall include an application
surcharge of [seven hundred dollars ($700.00)] two hundred
dollars ($200.00), at least sixty days before the expiration
date of same: Provided, however, That the board, in its
discretion, may accept nunc pro tunc a renewal application filed
less than sixty days before the expiration date of the license
with the required fees, upon reasonable cause shown and the
payment of an additional filing fee of one hundred dollars
($100.00) for late filing: And provided further, That except
where the failure to file a renewal application on or before the
expiration date has created a license quota vacancy after said
expiration date which has been filled by the issuance of a new
license, after such expiration date, but before the board has
received a renewal application nunc pro tunc within the time
prescribed herein the board, in its discretion, may, after
hearing, accept a renewal application filed within two years
after the expiration date of the license with the required fees
upon the payment of an additional filing fee of two hundred
fifty dollars ($250.00) for late filing. Where any such renewal
application is filed less than sixty days before the expiration
date, or subsequent to the expiration date, no license shall
issue upon the filing of the renewal application until the
matter is finally determined by the board and if an appeal is
taken from the board's action the courts shall not order the
issuance of the renewal license until final determination of the
matter by the courts. The board may enter into an agreement with
the applicant concerning additional restrictions on the license
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in question. If the board and the applicant enter into such an
agreement, such agreement shall be binding on the applicant.
Failure by the applicant to adhere to the agreement will be
sufficient cause to form the basis for a citation under section
471 and for the nonrenewal of the license under this section. A
renewal application will not be considered filed unless
accompanied by the requisite filing and license fees and any
additional filing fee required by this section. Unless the board
shall have given ten days' previous notice to the applicant of
objections to the renewal of his license, based upon violation
by the licensee or his servants, agents or employes of any of
the laws of the Commonwealth or regulations of the board
relating to the manufacture, transportation, use, storage,
importation, possession or sale of liquors, alcohol or malt or
brewed beverages, or the conduct of a licensed establishment, or
unless the applicant has by his own act become a person of ill
repute, or unless the premises do not meet the requirements of
this act or the regulations of the board, the license of a
licensee shall be renewed. Notwithstanding any other provision
of this act, a noise violation shall not be the sole basis for
objection by the board to the renewal of a license unless the
licensee has received six prior adjudicated noise citations
within a twenty-four-month period.
* * *
Section 2. This act shall take effect in 60 days.
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