Regular Session 2017-2018 House Bill 1547 P.N. 2517

SENATE AMENDED

PRIOR PRINTER'S NOS. 1985, 2008, 2154,

2160

PRINTER'S NO. 2517

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1547

Session of

2017

INTRODUCED BY J. HARRIS, McCLINTON, BULLOCK, THOMAS, DAWKINS,

CEPHAS, RABB, V. BROWN, SIMS AND SOLOMON, JUNE 12, 2017

SENATOR MCILHINNEY, LAW AND JUSTICE, AS AMENDED, OCTOBER 2, 2017

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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

preliminary provisions, further providing for definitions; in

Pennsylvania Liquor Control Board, further providing for

enforcement; in licenses and regulations and liquor, alcohol

and malt and brewed beverages, further providing for hearings

upon refusal of licenses, renewals or transfers and appeals,

providing for declaration of need and further providing for

revocation and suspension of licenses and fines and for

rights of municipalities preserved; in distilleries,

wineries, bonded warehouses, bailees for hire and

transporters for hire, further providing for appeals; and, in

property illegally possessed or used and forfeitures and

nuisances, providing for saturated nuisance market. IN

LICENSES AND REGULATIONS AND LIQUOR, ALCOHOL AND MALT AND

BREWED BEVERAGES, PROVIDING FOR SUSPENSION FOR INSPECTION

DEFICIENCIES.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "eating place" and

"restaurant" in section 102 of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, are amended to read:

Section 102. Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Eating place" shall mean a premise where food is regularly

and customarily prepared and sold, having a total area of not

less than three hundred square feet available to the public in

one or more rooms, other than living quarters, and equipped with

tables and chairs, which must be in place and available for

immediate seating of patrons at all times, including bar seats,

but not including stacked or stored chairs on the licensed

premises, accommodating thirty persons at one time. The board

shall, by regulation, set forth what constitutes tables and

chairs sufficient to accommodate thirty persons at one time.

* * *

"Restaurant" shall mean a reputable place operated by

responsible persons of good reputation and habitually and

principally used for the purpose of providing food for the

public, the place to have an area within a building of not less

than four hundred square feet, equipped with tables and chairs,

which must be in place and available for immediate seating of

patrons at all times, including bar seats, but not including

stacked or stored chairs on the licensed premises, accommodating

at least thirty persons at one time. The board shall, by

regulation, set forth what constitutes tables and chairs

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sufficient to accommodate thirty persons at one time.

* * *

Section 2. Section 211(a) of the act is amended by adding a

paragraph to read:

Section 211. Enforcement.--(a) There is created within the

Pennsylvania State Police a Bureau of Liquor Control Enforcement

which shall be responsible for enforcing this act and any

regulations promulgated pursuant thereto. Officers and

investigators assigned to the bureau shall have the power and

their duty shall be:

* * *

(8) To investigate compliance on an annual basis, without

notice, any and all licensed premises located in a saturated

nuisance market as defined in section 612 and issue citations

for any violations of this act discovered upon the

investigation.

* * *

Section 3. Section 464 of the act is amended to read:

Section 464. Hearings Upon Refusal of Licenses, Renewals or

Transfers; Appeals.--The board may of its own motion, and shall

upon the written request of any applicant for club, hotel or

restaurant liquor license, or any applicant for any malt or

brewed beverage license other than a public service license, or

for renewal or transfer thereof, or for the renewal of an

amusement permit, whose application for such license, renewal or

transfer, or the renewal of an amusement permit, has been

refused, fix a time and place for hearing of such application

for license or for renewal or transfer thereof, or the renewal

of an amusement permit, notice of which hearing shall be mailed

to the applicant at the address given in his application. Such

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hearing shall be before a hearing examiner designated by the

board. At such hearing, the board shall present its reasons for

its refusal or withholding of license, renewal or transfer

thereof, or its refusal for renewal of an amusement permit. The

applicant may appear in person or by counsel, may cross-examine

the witnesses for the board and may present evidence which shall

likewise be subject to cross-examination by the board. Such

hearing shall be stenographically recorded. The hearing examiner

shall thereafter report, with the examiner's recommendation, to

the board in each case. The board shall thereupon grant or

refuse the license, renewal or transfer thereof or the renewal

of an amusement permit. In considering the renewal of a license

or amusement permit, the board shall not refuse any such renewal

on the basis of the propriety of the original issuance or any

prior renewal of such license or amusement permit. If the board

shall refuse such license, renewal or transfer or the renewal of

an amusement permit, following such hearing, notice in writing

of such refusal shall be mailed to the applicant at the address

given in his application. In all such cases, the board shall

file of record at least a brief statement in the form of an

opinion of the reasons for the ruling or order and furnish a

copy thereof to the applicant. Any applicant who has appeared at

any hearing, as above provided, who is aggrieved by the refusal

of the board to issue any such license or to renew or transfer

any such license or to issue or renew any amusement permit may

appeal, or any church, hospital, charitable institution, school

or public playground located within three hundred feet of the

premises applied for, aggrieved by the action of the board in

granting the issuance of any such license or the transfer of any

such license, may take an appeal limited to the question of such

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grievance, within [twenty] thirty days from date of refusal or

grant, to the [court of common pleas of the county in which the

premises or permit applied for is located] Commonwealth Court.

If the application is for an economic development license under

section 461(b.1) or the intermunicipal transfer of a license,

the governing body of the municipality receiving the new license

or the transferred license may file an appeal of the board

decision granting the license, within [twenty] thirty days of

the date of the board's decision, to the [court of common pleas

of the county in which the proposed premises is located]

Commonwealth Court. Such appeal shall be upon petition of the

aggrieved party, who shall serve a copy thereof upon the board,

whereupon a hearing shall be held upon the petition by the court

upon ten days' notice to the board. The said appeal shall act as

a supersedeas unless upon sufficient cause shown the court shall

determine otherwise. [The] All appeals under this section shall

be governed by 42 Pa.C.S. § 761 (relating to original

jurisdiction), and the court shall hear the application de novo

on questions of fact, administrative discretion and such other

matters as are involved, at such time as it shall fix, of which

notice shall be given to the board. The court shall either

sustain or over-rule the action of the board and either order or

deny the issuance of a new license or the renewal or transfer of

the license or the renewal of an amusement permit to the

applicant.

Section 4. The act is amended by adding a section to read:

Section 470.4. Declaration of Need.--(a) A declaration of

need may be requested by the governing body of a county that

deems itself in need of additional retail liquor licenses above

the quota set forth in section 461 and which has exhausted all

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available licenses under section 470.3.

(b) Prior to filing a request for declaration, the governing

body shall hold at least one public hearing for the purpose of

receiving comments and recommendations from individuals residing

in that county concerning the intent to designate the county as

a county of need.

requesting that the board issue a declaration of need to a

county. The county shall submit with the petition:

(1) An ordinance or resolution that states:

(i) the reasoning for the request; and

(ii) a belief that the county has exhausted all available

licenses under section 470.3.

(2) Evidence as required under 40 Pa. Code § 3.105 (relating

to quarterly filing of applications and application hearings),

establishing that a lack of reasonable means for obtaining a

suitable license within the county exists.

(3) Identification of a publication of general circulation

in the county to be used to provide public notice in accordance

with 65 Pa.C.S. Ch. 7 (relating to open meetings) of the

required public hearing.

(d) Licenses revoked or not renewed under section 612 shall

be available for auction under section 470.3 only to counties

that are designated as a county of need under this section, in

the manner set forth by the board and at the date and time

appointed by the board.

Section 5. Sections 471(b), 493.1(b) and 515 of the act are

amended to read:

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

* * *

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(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) nor more than

one thousand dollars ($1,000), 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) nor more than five

thousand dollars ($5,000), 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

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judge shall immediately suspend or revoke the license, or impose

a fine of not less than fifty dollars ($50) nor more than one

thousand dollars ($1,000), 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,

20170HB1547PN2517 - 8 -

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] Commonwealth Court 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

20170HB1547PN2517 - 9 -

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 493.1. Rights of Municipalities Preserved.--* * *

(b) A municipality may file a petition with the board for an

exemption from section 493(34) of this act for all the licensees

within an identifiable area in the municipality. Prior to

submitting a petition, the municipality shall adopt a local

noise ordinance and a resolution adopted by its governing body

confirming support of the petition, citing the noise ordinance

and its intention to enforce the ordinance in place of section

493(34) of this act. Upon receipt of a petition, including a

copy of the noise ordinance, a map of the area to be exempted

and resolution, the board shall hold at least one (1) public

hearing on the petition. The hearing may be held before a

hearing examiner. The hearing shall take place within the

identified area and must comply with the notice, recording and

public participation requirements of 65 Pa.C.S. Ch. 7 (relating

to open meetings). Within sixty (60) days after receipt of the

petition, the board shall disapprove the petition for an

exemption in its entirety or may approve an area more limited

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for which the exemption will be granted if the board finds that

granting the petition shall have an adverse effect on the

welfare, health, peace and morals of the residents living in the

vicinity of the identified area; otherwise, the board shall

approve the petition. The board may place additional conditions

on its approval such as limiting the duration of the approval

and any other condition the board deems appropriate. There shall

be a right to appeal to the [court of common pleas] Commonwealth

Court in the same manner as provided by this act for appeals

from refusals to grant licenses.

* * *

Section 515. Appeals.--The board, the enforcement bureau or

any applicant or any licensee aggrieved by any decision

refusing, suspending or revoking a license under the provisions

of this article may appeal to the [court of the county in which

the licensed premises or the premises to be licensed are

located. In the event an applicant or a licensee shall have no

place of business established within the Commonwealth, his

appeal shall be to the] Commonwealth Court. [Such appeal shall

be in accordance with 2 Pa.C.S. Ch. 7 Subch. A (relating to

judicial review of Commonwealth agency action).] All appeals

under this section shall be governed by 42 Pa.C.S. § 761

(relating to original jurisdiction).

Section 6. The act is amended by adding a section to read:

Section 612. Saturated Nuisance Market.--(a) The director

of the Bureau of Licensing, in cooperation with the governing

body of a municipality, or a municipality may request that an

area within a zip code be designated a saturated nuisance market

and shall file a petition with the board requesting approval.

The municipality shall file the following with the petition:

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(1) A list of all licensed establishments that will be

included in the proposed saturated nuisance market.

(2) The resolution adopted by the municipality that:

(i) confirms the municipality's support of the petition; and

(ii) states the municipality's basis for the request.

(3) A complete written description of the boundary lines for

the proposed area to be designated a saturated nuisance market.

(4) One copy of a geographical map, the minimum size of

which is thirty-six inches by thirty-six inches, including the

designated boundary lines requested for the proposed saturated

nuisance market.

(5) Three copies of a geographical map, the main size of

which shall be eight and one-half inches by eleven and one-half

inches.

(6) Identification of a proposed location within the

proposed area to be used by the board to hold the required

public hearing within the boundaries of the proposed saturated

nuisance market.

(7) Identification of a publication of general circulation

in the county to be used to provide public notice in accordance

with 65 Pa.C.S. Ch. 7 (relating to open meetings) of the

required public hearing.

(b) A date for a public hearing shall be set and public

notice given in advance of the hearing. The hearing must comply

with all notice, recording and public participation requirements

of 65 Pa.C.S. Ch. 7.

board shall either approve or disapprove the petition for

designation of a saturated nuisance market. The board shall make

the determination based on the following:

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(1) Testimony received at the public hearing required in

subsection (a)(6).

(2) Written testimony received from the residents of the

proposed area.

(3) Written testimony received from the local law

enforcement officers.

(4) Written testimony received from any licensee located in

the proposed area.

(d) The board may request additional information as needed

from the governing body, local law enforcement officers, the

enforcement bureau, the Bureau of Licensing and licensees in

making a determination and may further evaluate the following:

(1) The number of licenses that have been subject to

objections to renewal, nonrenewal or revocation under this act

within the proposed area in the preceding renewal period.

(2) The total number of citations issued against all

licenses within the proposed area in the preceding renewal

period.

(3) The total number and content of conditional licensing

agreements entered into within the proposed area.

(e) The board may place additional conditions on the

petition's approval, including a further limitation of the

proposed designated boundaries of the area and any other

condition the board deems appropriate.

(f) A municipality may rescind the designation of a

saturated nuisance market at any time. The notice to rescind

must be accompanied by an ordinance or resolution authorizing

the recession. A recession of an existing designation of a

saturated nuisance market that does not rescind the entire area

shall be treated as a new petition under this section.

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(g) A licensee located in a proposed area shall have the

right to appeal to the Commonwealth Court within thirty days of

a decision by the board to designate an area a saturated

nuisance market. The appeal shall be limited to a determination

as to whether or not the designation is substantiated by the

evidence obtained by the board in its evaluation.

(h) A restaurant or eating place retail licensee located

within a saturated nuisance market shall be subject to the

following conditions:

(1) A transaction scan device must be used to verify the age

of an individual who appears to be under thirty-five (35) years

of age before making a sale of alcohol. Alcohol shall not be

sold to anyone under twenty-one (21) years of age or to an

individual that is visibly intoxicated. Information from the use

of a transaction scan device shall not be sold or shared, except

that a licensee may use the data to demonstrate to the

enforcement bureau that the licensee is in compliance.

(2) Food preparation is required to take place on the

licensed premises. For purposes of this section, "food

preparation" shall mean the act of preparing multiple

ingredients for human consumption for taste and nutritional

value, and shall not include prepackaged food that does not

require modification for consumption.

(3) An application for a restaurant or eating place license

under section 404 or 432 for a licensed premise located within a

saturated nuisance market shall be considered a new license to a

new location.

(4) The board shall suspend the operating privileges of a

licensee upon notification by the Department of Agriculture or a

local health department that the licensee's retail food facility

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license has been suspended, revoked or invalid. Once

verification that a licensee's retail food facility license has

been restored, the board shall restore the liquor license

operating privileges of the licensee.

(5) Within five (5) days of receiving an application for a

restaurant or eating place license under section 404 or 432 , the

board shall notify the local law enforcement agency, State

Senator, State Representative and governing body within the

saturated nuisance market that an application for transfer has

been received. The local law enforcement agency and governing

body shall have standing in a hearing to present testimony in

support of or against the transfer of the license. The board may

issue subpoenas to a local law enforcement agency as needed to

obtain further information prior to the approval of the

transfer.

(6) Notwithstanding the provisions of 4 Pa.C.S. (relating to

amusements) or any other gaming law, a licensee under this

section shall not be permitted to operate any form of gaming

except that authorized by the act of August 26, 1971 (P.L.351,

No.91), known as the "State Lottery Law," or the act of December

19, 1988 (P.L.1262, No.156), known as the "Local Option Small

Games of Chance Act."

(i) In addition to any other penalty authorized by law, a

licensee that violates this section shall be subject to citation

by the enforcement bureau to be adjudicated by an administrative

law judge , which may result in:

(1) a fine or suspension or license revocation;

(2) nonrenewal of the license;

(3) revocation of operating authority; or

(4) another penalty authorized under sections 471 and 494.

20170HB1547PN2517 - 15 -

(j) A restaurant or eating place retail licensee located in

a saturated nuisance market that has been cited and found to be

in violation of this act or Federal, State or local law shall be

subject to the following:

(1) For a first offense, a fine of not less than two hundred

and fifty dollars ($250), nor more than one thousand dollars

($1,000).

(2) For a second offense, a fine of not less than two

thousand dollars ($2,000), nor more than five thousand dollars

($5,000), and suspension of operating privileges for at least

seven (7) days.

(3) For a third or subsequent offense, a fine of not less

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

dollars ($10,000), and license revocation under section 471.

(k) Within sixty (60) days after the completion of two full

renewal periods, the board shall reevaluate a saturated nuisance

market based on the factors set forth under subsection (d) to

determine whether or not to continue the zip code area's

designation as a saturated nuisance market. After conducting the

evaluation, the board shall provide written notice of the

board's determination to all governing officials and licensees

within a zip code area. The written notice shall set forth the

reasoning for the board's determination.

(l) (1) The board shall prepare and submit an annual report

to the Law and Justice Committee of the Senate and the Liquor

Control Committee of the House of Representatives on the impact

of the legislation creating designated nuisance market areas in

this Commonwealth. The board shall commence preparation of the

report beginning one year after the date of designation of a

nuisance market and must submit the report to the committees

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within ninety (90) days. In compiling the report, the board

shall include information related to the following:

(i) The number of licenses subject to objection to renewal,

to nonrenewal or to revocation within the designated area.

(ii) The total number of citations issued against licensees

in the designated area during the preceding renewal period.

(iii) The number of police incidents occurring in licensed

establishments, or in the areas surrounding licensed

establishments, within the designated area.

(iv) The fines, fees and suspensions imposed on licensees in

the designated area.

(2) The report shall specifically address:

(i) Changes in the number of citations.

(ii) Objections to renewals, nonrenewals, police incidents

and fines as compared with such objections prior to the licensed

establishment being designated as a saturated nuisance market.

(iii) Any legislative or administrative concerns with the

provisions concerning designated saturated nuisance market areas

and provide recommendations regarding resolution of the

concerns.

(m) As used in this section, the term "zip code area" means

the geographic area covered by a postal zip code.

Section 7. This act shall take effect in 30 days.

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

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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

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.

IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.

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(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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