THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, FONTANA, WASHINGTON AND SCHWANK, FEBRUARY 14, 2012

REFERRED TO LAW AND JUSTICE, FEBRUARY 14, 2012  

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

Pennsylvania Liquor Control Board, providing for fees; in

licenses and regulations relating to liquor, alcohol and malt

and brewed beverages, further providing for revocation and

suspension of licenses and fees; in disposition of moneys

collected under provisions of act, further providing for

moneys paid into the State Stores Fund for use of the

Commonwealth; repealing provisions of the Administrative Code

of 1929 relating to fees of the board; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 12, 1951 (P.L.90, No.21), known

as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,

No.14), is amended by adding a section to read:

Section 218.  Fees.--The board is authorized to charge fees

for the following purposes and in the following amounts:

Section 2.  Section 403(a) of the act, amended February 21,

2002 (P.L.103, No.10) and December 9, 2002 (P.L.1653, No.212),

is amended to read:

Section 403.  Applications for Hotel, Restaurant and Club

Liquor Licenses.--(a)  Every applicant for a hotel liquor

license, restaurant liquor license or club liquor license or for

the transfer of an existing license to another premises not then

licensed or to another person shall file a written application

with the board in such form and containing such information as

the board shall from time to time prescribe, which shall be

accompanied by a filing fee and an annual license fee as

prescribed in section [614-A of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218. Every such application shall contain a description of that

part of the hotel, restaurant or club for which the applicant

desires a license and shall set forth such other material

information, description or plan of that part of the hotel,

restaurant or club where it is proposed to keep and sell liquor

as may be required by the regulations of the board. The

descriptions, information and plans referred to in this

subsection shall show the hotel, restaurant, club, or the

proposed location for the construction of a hotel, restaurant or

club, at the time the application is made, and shall show any

alterations proposed to be made thereto, or the new building

proposed to be constructed after the approval by the board of

the application for a license or for the transfer of an existing

license to another premises not then licensed or to another

person. No physical alterations, improvements or changes shall

be required to be made to any hotel, restaurant or club, nor

shall any new building for any such purpose, be required to be

constructed until approval of the application for license or for

the transfer of an existing license to another premises not then

licensed or to another person by the board. After approval of

the application, the licensee shall make the physical

alterations, improvements and changes to the licensed premises,

or shall construct the new building in the manner specified by

the board at the time of approval, and the licensee shall not

transact any business under the license until the board has

approved the completed physical alterations, improvements and

changes to the licensed premises, or the completed construction

of the new building as conforming to the specifications required

by the board at the time of issuance or transfer of the license,

and is satisfied that the establishment is a restaurant, hotel

or club as defined by this act. The board may require that all

such alterations or construction or conformity to definition be

completed within six months from the time of issuance or

transfer of the license. Failure to comply with these

requirements shall be considered cause for revocation of the

license. No such license shall be transferable between the time

of issuance or transfer of the license and the approval of the

completed alterations or construction by the board and full

compliance by the licensee with the requirements of this act,

except in the case of death of the licensee prior to full

compliance with all of the aforementioned requirements or unless

full compliance is impossible for reasons beyond the licensee's

control, in which event, the license may be transferred by the

board as provided in this act.

* * *

Section 3.  Section 405(a) and (b) of the act, amended April

29, 1994 (P.L.212, No.30), are amended to read:

Section 405.  License Fees.--(a)  License fees for hotel and

restaurant liquor licenses shall be graduated according to the

population of the municipality as determined by the last

preceding decennial census of the United States in which the

hotel or restaurant is located, as prescribed in section [614-A

of the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929."] 218.

(b)  Every applicant for a club liquor license shall pay to

the board a license fee, as prescribed in section [614-A of "The

Administrative Code of 1929,"] 218, except clubs to which

catering licenses are issued, in which cases the license fees

shall be the same as for hotels and restaurants located in the

same municipality.

* * *

Section 4.  Section 406(a)(3) of the act, amended June 28,

2011 (P.L.55, No.11), is amended to read:

Section 406.  Sales by Liquor Licensees; Restrictions.--(a)

* * *

(3)  Hotel and restaurant liquor licensees, municipal golf

course restaurant liquor licensees and privately-owned public

golf course restaurant licensees may sell liquor and malt or

brewed beverages on Sunday between the hours of eleven o'clock

antemeridian and two o'clock antemeridian Monday upon purchase

of a special permit from the board at an annual fee as

prescribed in section [614-A of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218. Airport restaurant liquor licensees may sell liquor and

malt or brewed beverages on Sunday between the hours of seven

o'clock antemeridian and two o'clock antemeridian Monday upon

purchase of a special permit from the board at an annual fee as

prescribed in section [614-A of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218.

* * *

Section 5.  Section 407(b)(2) of the act, amended November

29, 2006 (P.L.1421, No.155), is amended to read:

Section 407.  Sale of Malt or Brewed Beverages by Liquor

Licensees.--* * *

(b)  * * *

(2)  The application for a permit to sell malt or brewed

beverages for consumption off the premises shall be on forms

designated by the board and contain such information as the

board may require. The application and renewal fee shall be as

prescribed in section [614-A(27) of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218(27). However, no applicant who currently has a permit shall

be required to pay any additional fees under section [614-A(27)

of "The Administrative Code of 1929"] 218(27) in order to

continue selling malt or brewed beverages for consumption off

the premises at its currently licensed location for the

licensing term beginning November 1, 2007, and ending October

31, 2008.

* * *

Section 6.  Section 408(c) of the act, amended December 21,

1998 (P.L.1202, No.155), is amended to read: 

Section 408.  Public Service Liquor Licenses.--* * *

(c)  Every applicant for a public service liquor license

shall pay to the board for each of the maximum number of dining,

club or buffet cars which the applicant estimates it will have

in operation on any one day an annual fee as prescribed in

section [614-A of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929."] 218.

* * *

Section 7.  Section 408.4(h) of the act, amended December 9,

2002 (P.L.1653, No.212), is amended to read:

Section 408.4.  Special Occasion Permits.--

(h)  The board may issue a special occasion permit to an

eligible entity. The board may also issue a special occasion

permit to one auxiliary of any eligible entity. Any eligible

entity that wishes to acquire a special occasion permit must

submit a written application to the board in such form and

containing such information as the board shall from time to time

prescribe. The fee for special occasion permits shall be as set

forth under section [614-A(24) of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218(24).

* * *

Section 8.  Section 409(b) of the act, amended June 25, 2010

(P.L.217, No.35), is amended to read:

Section 409.  Sacramental Wine Licenses; Fees; Privileges;

Restrictions.--* * *

(b)  Every applicant for a sacramental wine license shall

file a written application with the board in such form as the

board shall from time to time prescribe, which shall be

accompanied by a filing fee and a license fee as prescribed in

section [614-A of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929."] 218. Every such

application shall contain a description of the premises for

which the applicant desires a license and shall set forth such

other material information as may be required by the board.

* * *

Section 9.  Section 410(b) and (c) of the act, amended

December 21, 1998 (P.L.1202, No.155), are amended to read:

Section 410.  Liquor Importers' Licenses; Fees; Privileges;

Restrictions.--* * *

(b)  Every applicant for an importer's license shall file a

written application with the board in such form as the board

shall from time to time prescribe. The filing and license fees

shall be as prescribed in section [614-A of the act of April 9,

1929 (P.L.177, No.175), known as "The Administrative Code of

1929."] 218. Every such application shall contain a description

of the principal place of business for which the applicant

desires a license and shall set forth such other material

information as may be required by the board.

(c)  The holder of an importer's license may have included in

such license one warehouse wherein only his liquor may be kept

and stored, located in the same municipality in which his

licensed premises is situate, and not elsewhere, unless such

licensee secures from the board a license for each additional

storage warehouse desired. The board is authorized and empowered

to issue to a holder of an importer's license a license for an

additional storage warehouse or warehouses located in this

Commonwealth, provided such licensed importer files with the

board a separate application for each warehouse in such form and

containing such information as the board may from time to time

require. The filing and license fees shall be as prescribed in

section [614-A of "The Administrative Code of 1929."] 218.

* * *

Section 10.  Section 412(b) of the act, amended February 21,

2002 (P.L.103, No.10), is amended to read: 

Section 412.  Public Venue License.--* * *

(b)  An application for a restaurant liquor license under

this section may be made by the owner of the public venue, the

operator of the public venue or by a concessionaire designated

by the governing body of either the owner of the public venue or

the operator. The application and issuance of the license is

subject to sections 403 and 404 unless otherwise stated. The

licensing period shall be as set forth by the board under

section 402. The application, renewal and filing fees shall be

as prescribed in section [614-A(25) of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218(25).

* * *

Section 11.  Section 413(b) of the act, added December 20,

2000 (P.L.992, No.141), is amended to read:

Section 413.  Performing Arts Facility License.--* * *

(b)  An application for a restaurant liquor license under

this section may be made by the operator of the performing arts

facility or by a concessionaire designated by the governing body

of the operator of the performing arts facility. The licensing

period shall be as set forth by the board under section 402. The

application and issuance of the license are subject to sections

403 and 404 unless otherwise stated. The application, renewal

and filing fees shall be as prescribed in section [614-A(19) of

the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929."] 218(19).

* * *

Section 12.  Section 414(a) of the act, added February 21,

2002 (P.L.103, No.10), is amended to read:

Section 414.  Continuing Care Retirement Community Retail

Licenses.--(a)  The board is authorized to issue a restaurant

liquor license to a continuing care retirement community, as

that term is defined in this act, or its designated

concessionaire. The licensing period shall be established under

section 402. The application and issuance of the license is

subject to sections 403 and 404 unless otherwise stated. The

application, renewal and filing fee shall be as prescribed in

section [614-A(1) of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929."] 218(1).

* * *

Section 13.  Section 431(e) of the act, amended December 21,

1998 (P.L.1202, No.155), is amended to read:

Section 431.  Malt and Brewed Beverages Manufacturers',

Distributors' and Importing Distributors' Licenses.--* * *

(e)  In addition to the fees under section [614-A of the act

of April 9, 1929 (P.L.177, No.175), known as "The Administrative

Code of 1929,"] 218, the board shall assess a fee surcharge of

ninety-five dollars ($95.00) for a distributor's license and a

fee surcharge of four hundred seventy dollars ($470.00) for an

importing distributor's license and a fee surcharge of seventy-

five dollars ($75.00) for brand registration. Money collected

under this subsection shall be placed in a restricted account in

The State Stores Fund. The board may use the money in this

account to implement section 216. In the event the provisions of

section 447(a)(2) and/or (c) are held invalid, then this

subsection shall be void and shall not apply.

* * *

Section 14.  Section 431.1(e) of the act, added February 21,

2002 (P.L.103, No.10), is amended to read:

Section 431.1.  Malt and Brewed Beverages Alternating

Brewers' Licenses.--* * *

(e)  The application, renewal and filing fees for a malt and

brewed beverages alternating brewer's license shall be as

prescribed in section [614-A(10) of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218(10).

Section 15.  Section 432(f) of the act, amended November 29,

2006 (P.L.1421, No.155), is amended to read: 

Section 432.  Malt and Brewed Beverages Retail Licenses.--* *

*

(f)  Hotel, eating places, or municipal golf course retail

dispenser licensees may sell malt or brewed beverages between

the hours of eleven o'clock antemeridian on Sunday and two

o'clock antemeridian on Monday upon purchase of a special permit

from the board at an annual fee as prescribed in section [614-A

of the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929,"] 218, which shall be in addition

to any other license fees.

Section 16.  Section 435 of the act, amended December 21,

1998 (P.L.1202, No.155), is amended to read:

Section 435.  Filing of Applications for Distributors',

Importing Distributors' and Retail Dispensers' Licenses; Filing

Fee.--Every person intending to apply for a distributor's,

importing distributor's or retail dispenser's license, as

aforesaid, in any municipality of this Commonwealth, shall file

with the board his or its application. All such applications

shall be filed at a time to be fixed by the board. The applicant

shall file with the board fees as prescribed in section [614-A

of the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929."] 218.

Section 17.  Section 439 of the act, amended April 29, 1994

(P.L.212, No.30), is amended to read:

Section 439.  Malt or Brewed Beverage License Fees.--No

public service license and no license to any manufacturer,

distributor, importing distributor or retail dispenser shall be

issued, renewed or validated under the provisions of this

subdivision (B) until the licensee shall have first paid an

annual license fee, as prescribed in section [614-A of the act

of April 9, 1929 (P.L.177, No.175), known as "The Administrative

Code of 1929."] 218. Whenever any checks issued in payment of

filing and/or license fees shall be returned to the board as

dishonored, the board shall charge a fee of five dollars ($5.00)

per hundred dollars or fractional part thereof, plus all protest

fees, to the maker of such check submitted to the board. Failure

to make full payment or pay the face amount of the check in full

and all charges thereon as herein required within ten days after

demand has been made by the board upon the maker of the check or

upon notification to the board by the Department of Revenue or

the Department of Labor and Industry of its objection, the

license of such person shall immediately become invalid and

shall remain invalid until payment and all charges are received

by the board.

Section 18.  Section 442(a)(3) of the act, amended November

29, 2006 (P.L.1421, No.155), is amended to read:

Section 442.  Retail Dispensers' Restrictions on Purchases

and Sales.--(a)  * * *

(3)  The application for a permit to sell malt or brewed

beverages for consumption off the premises shall be on forms

designated by the board and contain such information as the

board may require. The application and renewal fee shall be as

prescribed in section [614-A(28) of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218(28). However, no applicant who currently has a permit shall

be required to pay any additional fees under section [614-A(28)

of "The Administrative Code of 1929"] 218(28) in order to

continue selling malt or brewed beverages for consumption off

the premises at its currently licensed location for the

licensing term beginning November 1, 2007, and ending October

31, 2008.

* * *

Section 19.  Section 445(a) of the act, amended June 28, 2011

(P.L.55, No.11), is amended to read:

Section 445.  Brand Registration.--(a)  No brand or brands of

malt or brewed beverages shall be offered, sold or delivered to

any trade buyer within this Commonwealth unless the manufacturer

thereof shall first submit an application in the form and manner

prescribed by the board for the registration of the said brand

or brands of malt beverages, together with an annual filing fee

not to exceed seventy-five dollars ($75) for each brand

registration requested as set forth in section [614-A(35) of the

act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929."] 218(35). Notwithstanding section

[614-A(35) of that act] 218(35), up to twenty brands may be

registered for a single annual fee of one hundred fifty dollars

($150.00), so long as one hundred barrels or less of each brand

is produced on an annual basis. Any brand or brands of malt or

brewed beverages that are produced by a manufacturer but not

offered for sale because of additional aging of the beverages

shall only be registered at the time the brand or brands are

offered for sale. In the event an out-of-State or foreign

manufacturer of malt or brewed beverages has granted franchise

rights to any person for the sale and distribution of its brand

products but which person is not licensed to sell and distribute

the same in this Commonwealth, said such person shall

nevertheless be required to register the involved brand before

offering the same for sale in Pennsylvania. It is further

conditioned that the person holding such franchise rights shall,

together with its application for brand registration, file with

the board copies of all agreements between it and the

Pennsylvania importing distributor appointed by such person to

sell and distribute the brands of malt or brewed beverages as

provided by sections 431 and 492. Such agreement shall contain

the manufacturer's consent and approval to the appointment of

the Pennsylvania importing distributor and the rights conferred

thereunder.

* * *

Section 20.  Section 461(b.1)(5) of the act, amended

November 29, 2006 (P.L.1421, No.155), is amended to read: 

Section 461.  Limiting Number of Retail Licenses To Be Issued

In Each County.--* * *

(b.1)  The board may issue restaurant and eating place retail

dispenser licenses and renew licenses issued under this

subsection without regard to the quota restrictions set forth in

subsection (a) for the purpose of economic development in a

municipality under the following conditions:

* * *

(5)  In addition to renewal and license fees provided under

existing law for the type of license issued, an applicant shall

be required to pay an initial application surcharge as follows:

(i)  Fifty thousand dollars ($50,000) if the licensed

premises is located in a county of the first through fourth

class.

(ii)  Twenty-five thousand dollars ($25,000) if the licensed

premises is located in a county of the fifth through eighth

class.

(iii)  The initial application surcharge minus a seven

hundred dollar ($700) processing fee shall be refunded to the

applicant if the board refuses to issue a provisional license

under subsection (b.2). Otherwise, the initial application

surcharge minus a seven hundred dollar ($700) processing fee

shall be credited to The State Stores Fund. The processing fee

shall be treated as an application filing fee as prescribed in

section [614-A(1)(i) of the act of April 9, 1929 (P.L.177,

No.175), known as "The Administrative Code of 1929."] 218(1)(i).

* * *

Section 21.  Section 469 of the act, amended December 21,

1998 (P.L.1202, No.155), is amended to read:

Section 469.  Applications for Transfers; Fees.--(a)  Every

applicant for a transfer of a license under the provisions of

this article shall file a written application with the board,

together with a filing fee as prescribed in section [614-A of

the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929."] 218.

(b)  Whenever any license is transferred, no license or other

fees shall be required from the persons to whom such transfer is

made for the portion of the license period for which the license

fee has been paid by the transferor, except for transfer fees

provided in section [614-A of "The Administrative Code of

1929."] 218.

Section 22.  Section 471(b) of the act, amended July 6, 2005

(P.L.135, No.39), is amended to read:

Section 471.  Revocation and Suspension of Licenses; Fines.--

* * *

(b)  Hearing on such citations shall be held in the same

manner as provided herein for hearings on applications for

license. Upon such hearing, if satisfied that any such violation

has occurred or for other sufficient cause, the administrative

law judge shall immediately suspend or revoke the license, or

impose a fine of not less than [fifty dollars ($50)] one hundred

dollars ($100) nor more than [one thousand dollars ($1,000)] two

thousand dollars ($2,000), or both, notifying the licensee by

registered letter addressed to his licensed premises. If the

licensee has been cited and found to have violated section

493(1) insofar as it relates to sales to minors or sales to a

visibly intoxicated person, section 493(10) insofar as it

relates to lewd, immoral or improper entertainment or section

493(14), (16) or (21), or has been found to be a public nuisance

pursuant to section 611, or if the owner or operator of the

licensed premises or any authorized agent of the owner or

operator has been convicted of any violation of the act of April

14, 1972 (P.L.233, No.64), known as "The Controlled Substance,

Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 5902 

(relating to prostitution and related offenses) or 6301

(relating to corruption of minors), at or relating to the

licensed premises, the administrative law judge shall

immediately suspend or revoke the license, or impose a fine of

not less than [one thousand dollars ($1,000)] five thousand

dollars ($5,000) nor more than [five thousand dollars ($5,000)]

ten thousand dollars ($10,000), or both. However, if a licensee

has been cited and found to have violated section 493(1) as it

relates to sales to minors or sales to a visibly intoxicated

person but at the time of the sale the licensee was in

compliance with the requirements set forth in section 471.1 and

the licensee had not sold to minors or visibly intoxicated

persons in the previous four years, then the administrative law

judge shall immediately suspend or revoke the license, or impose

a fine of not less than [fifty dollars ($50)] one hundred

dollars ($100) nor more than [one thousand dollars ($1,000)] two

thousand dollars ($2,000), or both. The administrative law judge

shall notify the licensee by registered mail, addressed to the

licensed premises, of such suspension, revocation or fine. In

the event the fine is not paid within twenty days of the

adjudication, the administrative law judge shall suspend or

revoke the license, notifying the licensee by registered mail

addressed to the licensed premises. Suspensions and revocations

shall not go into effect until thirty days have elapsed from the

date of the adjudication during which time the licensee may take

an appeal as provided for in this act, except that revocations

mandated in section 481(c) shall go into effect immediately. Any

licensee whose license is revoked shall be ineligible to have a

license under this act until the expiration of three years from

the date such license was revoked. In the event a license is

revoked, no license shall be granted for the premises or

transferred to the premises in which the said license was

conducted for a period of at least one year after the date of

the revocation of the license conducted in the said premises,

except in cases where the licensee or a member of his immediate

family is not the owner of the premises, in which case the board

may, in its discretion, issue or transfer a license within the

said year. In the event the bureau or the person who was fined

or whose license was suspended or revoked shall feel aggrieved

by the adjudication of the administrative law judge, there shall

be a right to appeal to the board. The appeal shall be based

solely on the record before the administrative law judge. The

board shall only reverse the decision of the administrative law

judge if the administrative law judge committed an error of law,

abused its discretion or if its decision is not based on

substantial evidence. In the event the bureau or the person who

was fined or whose license was suspended or revoked shall feel

aggrieved by the decision of the board, there shall be a right

to appeal to the court of common pleas in the same manner as

herein provided for appeals from refusals to grant licenses.

Each of the appeals shall act as a supersedeas unless, upon

sufficient cause shown, the reviewing authority shall determine

otherwise; however, if the licensee has been cited and found to

have violated section 493(1) insofar as it relates to sales to

minors or sales to a visibly intoxicated person, section 493(10)

insofar as it relates to lewd, immoral or improper entertainment

or section 493(14), (16) or (21), or has been found to be a

public nuisance pursuant to section 611, or if the owner or

operator of the licensed premises or any authorized agent of the

owner or operator has been convicted of any violation of "The

Controlled Substance, Drug, Device and Cosmetic Act," or of 18

Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,

or if the license has been revoked under section 481(c), its

appeal shall not act as a supersedeas unless the reviewing

authority determines otherwise upon sufficient cause shown. In

any hearing on an application for a supersedeas under this

section, the reviewing authority may consider, in addition to

other relevant evidence, documentary evidence, including records

of the bureau, showing the prior history of citations, fines,

suspensions or revocations against the licensee; and the

reviewing authority may also consider, in addition to other

relevant evidence, evidence of any recurrence of the unlawful

activity occurring between the date of the citation which is the

subject of the appeal and the date of the hearing. If the

reviewing authority is the board, no hearing shall be held on

the application for a supersedeas; however, a decision shall be

made based on the application, answer and documentary evidence

under this subsection. If the application for a supersedeas is

for a license that has been revoked under section 481(c), the

reviewing authority shall grant the supersedeas only if it finds

that the licensee will likely prevail on the merits. No penalty

provided by this section shall be imposed for any violations

provided for in this act unless the bureau notifies the licensee

of its nature within thirty days of the completion of the

investigation.

* * *

Section 23.  Section 492(8) of the act, amended December 9,

2002 (P.L.1653, No.212), is amended to read: 

Section 492.  Unlawful Acts Relative to Malt or Brewed

Beverages and Licensees.--

It shall be unlawful--

* * *

(8)  Transportation and Importation of Malt or Brewed

Beverages. For any person, to transport malt or brewed beverages

except in the original containers, or to transport malt or

brewed beverages for another who is engaged in selling either

liquor or malt or brewed beverages, unless such person shall

hold (a) a license to transport for hire, alcohol, liquor and

malt or brewed beverages, as hereinafter provided in this act,

or (b) shall hold a permit issued by the board and shall have

paid to the board such permit fee, as prescribed in section

[614-A of the act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929,"] 218, any other law to the

contrary notwithstanding. This clause shall not be construed:

(i)  to prohibit transportation of malt or brewed beverages

through this Commonwealth and not for delivery in this

Commonwealth if such transporting is done in accordance with the

rules and regulations of the board; or

(ii)  to prohibit railroad and Pullman companies from selling

malt or brewed beverages purchased outside this Commonwealth in

their dining, club and buffet cars which are covered by public

service liquor licenses and which are operated in this

Commonwealth.

* * *

Section 24.  Section 493(10) of the act, amended June 28,

2011 (P.L.55, No.11), is amended to read:

Section 493.  Unlawful Acts Relative to Liquor, Malt and

Brewed Beverages and Licensees.--The term "licensee," when used

in this section, shall mean those persons licensed under the

provisions of Article IV, unless the context clearly indicates

otherwise.

It shall be unlawful--

* * *

(10)  Entertainment on Licensed Premises (Except Clubs);

Permits; Fees. For any licensee, his servants, agents or

employes, except club licensees, public venue licensees or

performing arts facility licensees, to permit in any licensed

premises or in any place operated in connection therewith,

dancing, theatricals or floor shows of any sort, or moving

pictures other than television, or such as are exhibited through

machines operated by patrons by the deposit of coins, which

project pictures on a screen not exceeding in size twenty-four

by thirty inches and which forms part of the machine, unless the

licensee shall first have obtained from the board a special

permit to provide such entertainment, or for any licensee, under

any circumstances, to permit in any licensed premises or in any

place operated in connection therewith any lewd, immoral or

improper entertainment, regardless of whether a permit to

provide entertainment has been obtained or not. The special

permit may be used only during the hours when the sale of liquor

or malt or brewed beverages is permitted, unless the licensee

holds an extended hours food license under section 499(b) which

license would allow the special permit to be used while the

establishment is open, and between eleven o'clock antemeridian

on Sunday and two o'clock antemeridian on the following Monday,

regardless of whether the licensee possesses a Sunday sales

permit. The board shall have power to provide for the issue of

such special permits, and to collect an annual fee for such

permits as prescribed in section [614-A of the act of April 9,

1929 (P.L.177, No.175), known as "The Administrative Code of

1929."] 218. All such fees shall be paid into the State Stores

Fund. No such permit shall be issued in any municipality which,

by ordinance, prohibits amusements in licensed places. Any

violation of this clause shall, in addition to the penalty

herein provided, subject the licensee to suspension or

revocation of his permit and his license.

* * *

Section 25.  Sections 508(a), 704 and 707 of the act, amended

April 29, 1994 (P.L.212, No.30), are amended to read:

Section 508.  License Fees.--(a)  The annual fee for every

license issued to a limited winery or a winery shall be as

prescribed in section [614-A of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218. The fee for every license issued to a distillery

(manufacturer) shall be as prescribed in section [614-A of "The

Administrative Code of 1929."] 218. The annual fee for all other

licenses shall be as prescribed in section [614-A of "The

Administrative Code of 1929."] 218. Whenever any checks issued

in payment of filing and/or license fees shall be returned to

the board as dishonored, the board shall charge a fee of five

dollars ($5.00) per hundred dollars or fractional part thereof,

plus all protest fees, to the maker of such check submitted to

the board. Failure to make full payment or pay the face amount

of the check in full and all charges thereon as herein required

within ten days after demand has been made by the board upon the

maker of the check, the license of such person shall not be

renewed for the license period or validated for any interim

period for such year.

* * *

Section 704.  Application for Permit; Filing Fee.--Every

applicant for a distillery certificate broker permit shall file

a written application with the board outlining his plan of

business in dealing in distillery bonded warehouse certificates,

in such form and containing such other information as the board

shall from time to time prescribe, which shall be accompanied by

a filing fee as prescribed in section [614-A of the act of April

9, 1929 (P.L.177, No.175), known as "The Administrative Code of

1929,"] 218 and the prescribed permit fee. If the applicant is a

natural person, his application must show that he is a citizen

of the United States, and if a corporation, the application must

show that the corporation was created under the laws of

Pennsylvania or holds a certificate of authority to transact

business in Pennsylvania. The application shall be signed and

verified by oath or affirmation of the applicant, if a natural

person, or in the case of an association, by a member or partner

thereof, or in the case of a corporation, by an executive

officer thereof or any person specifically authorized by the

corporation to sign the application, to which shall be attached

written evidence of his authority. If the applicant is an

association, the application shall set forth the names and

addresses of the persons constituting the association, and if a

corporation, the names and addresses of all the officers

thereof. All applications must be verified by affidavit of

applicant and if any false statement is intentionally made in

any part of the application, the signer shall be guilty of a

misdemeanor and upon indictment and conviction, shall be subject

to penalties provided by this article.

Section 707.  Permit Fee; Permits Not Assignable or

Transferable; Display of Permit; Term of Permit.--Every

applicant for distillery certificate broker permit shall, before

receiving such permit, pay to the board an annual permit fee as

prescribed in section [614-A of the act of April 9, 1929

(P.L.177, No.175), known as "The Administrative Code of 1929."]

218. Permits issued under this act may not be assigned or

transferred and shall be conspicuously displayed at the place of

business of the permittee. All permits shall be valid only

during the period for which issued and shall automatically

expire on the last day of the license period of each calendar

year unless suspended, revoked or cancelled prior thereto.

Section 26.  Section 802(e) of the act is amended to read:

Section 802.  Moneys Paid Into The State Stores Fund for Use

of the Commonwealth.--* * *

(e)  Annually, the General Assembly shall make an

appropriation from the State Stores Fund in the amounts

collected in the prior fiscal year under section 471 to provide

for the operational expenses of the enforcement bureau.

* * *

Section 27.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  Section 614-A of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is

repealed.

Section 28.  This act shall take effect in 60 days.