H1547B2160A03611 PWK:BTW 10/02/17 #90 A03611
AMENDMENTS TO HOUSE BILL NO. 1547
Sponsor: SENATOR WILLIAMS
Printer's No. 2160
Amend Bill, page 1, lines 16 through 28, by striking out "in"
in line 16 and all of lines 17 through 28 and inserting
in licenses and regulations and liquor, alcohol and malt and
brewed beverages, providing for suspension for inspection
deficiencies.
Amend Bill, pages 2 through 17, lines 1 through 30; page 18,
lines 1 through 29; by striking out all of said lines on said
pages and inserting
Section 1. The act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, is amended by adding a section to read:
Section 470.4. Suspension for Inspection Deficiencies.--(a)
If the board finds, through an inspection by one of the board's
employes, that a licensee does not meet a requirement under the
act or the board's regulations that renders the licensee
ineligible for the license, including instances when the
licensee no longer meets the seating, square footage, food,
health license or room requirements for the license, the board
may immediately impose an administrative suspension of the
operating privileges of the licensee and shall give written
notice to the licensee as to the exact deficiency observed. The
operating privileges shall remain suspended until the licensee
can establish to the board's satisfaction that the licensee is
again eligible for the license. If an employe of the
Pennsylvania State Police, Bureau of Liquor Control Enforcement,
Philadelphia County Department of Public Health, City of
Philadelphia Department of Licenses and Inspections or other
similar government employe finds that a licensee does not meet
the requirements of either the Liquor Code or the board's
regulations, as provided under this section, the employe may
inform the board of the deficiency so that the board may proceed
in accordance with this section.
(b) Section 464 and 42 Pa.C.S. § 933(a)(1)(v) (relating to
appeals from government agencies) shall not apply to suspensions
imposed under this section. If the board refuses to reinstate a
suspended licensee's operating privileges, the suspended
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licensee may request a hearing before the Commonwealth Court
under 42 Pa.C.S. § 761(a)(4) (relating to original jurisdiction)
solely on the issue of whether the suspended licensee is
eligible for reinstatement of operating privileges. The
Commonwealth Court shall hold a hearing within ten days of the
filing of the request for a hearing under this subsection and
may not lift a suspension imposed by the board until after the
hearing.
(c) An administrative suspension under this section shall be
in addition to any other penalties provided by law.
(d) Other violations of the law or questions as to the
continued fitness of a licensee that are currently addressed
through the citation process under section 471 or the board's
nonrenewal process under section 470(a.1) shall continue to be
addressed in that manner and not through the administrative
suspension process under this section.
Section 2. This act shall take effect in 60 days.
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See A03611 in
the context
of HB1547