Amendment 3888 to House Bill 947 P.N. 2176, Regular Session 2019-2020

H0947B2176A03888 MSP:EJH 11/18/19 #90 A03888

AMENDMENTS TO HOUSE BILL NO. 947

Sponsor: SENATOR CORMAN

Printer's No. 2176

Amend Bill, page 1, line 16, by inserting after "laws," "

in preliminary provisions, further providing for definitions;

Amend Bill, page 1, line 19, by inserting after "LICENSE"

, for limiting number of retail licenses to be issued in each

county, for licenses not assignable and transfers

Amend Bill, page 2, lines 2 through 4, by striking out all of

said lines and inserting

Section 1. Section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, is amended by adding a

definition 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:

* * *

"Commercial and mixed-use overlay project" shall mean a

planned development:

(1) situated on at least twenty-five acres;

(2) constructed since January 1, 2019;

(3) with at least two hundred seventy-five thousand square

feet of actual or proposed development;

(4) with a mix of commercial and residential uses; and

(5) that is adjacent to an existing hotel property with at

least ninety rooms.

* * *

Section 2. Sections 406(d) and 413(f)(1) of the act are

amended to read:

Amend Bill, page 3, by inserting between lines 2 and 3

Section 3. Section 461(a) of the act is amended and the

section is amended by adding a subsection to read:

Section 461. Limiting Number of Retail Licenses To Be Issued

In Each County.--(a) No additional restaurant, eating place

retail dispenser or club licenses shall be issued within a

county if the total number of restaurant and eating place retail

dispenser licenses is greater than one license for each three

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thousand inhabitants in the county, except the board may issue

licenses to public venues, performing arts facilities,

continuing care retirement communities, airport restaurants,

municipal golf courses, hotels, privately-owned private golf

courses, privately-owned public golf courses, racetracks,

automobile racetracks, nonprimary pari-mutuel wagering

locations, privately-owned ski resorts and to any other entity

which this act specifically exempts from the limitations

provided in this section, and the board may issue a license to a

club situated in a borough having a population less than eight

thousand inhabitants which is located in a county of the second

class A whose application is filed on or before February 28,

2001. In addition, the board may issue an eating place retail

dispenser license for on-premises sales only to the owner or

operator of a facility having a minimum of a one-half mile

asphalt track and having a permanent seating capacity of at

least six thousand people used principally for holding

automobile races, regardless of the number of restaurant and

eating place retail dispenser licenses already issued in that

county. When determining the number of restaurant and eating

place retail dispenser licenses issued in a county for the

purposes of this section, licenses exempted from this

limitation, licenses subject to the mixed-use town development

project provisions of this act, licenses subject to the

commercial and mixed-use overlay project provisions of this act,

licenses subject to the tourist development project provisions

of this act and club licenses shall not be considered.

Inhabitants of dry municipalities shall be considered when

determining the population in a county. Licenses shall not be

issued or transferred into municipalities where such licenses

are prohibited pursuant to local referendum in accordance with

section 472. Licenses approved for intermunicipal transfer may

not be transferred from the receiving municipality for a period

of five years after the date that the licensed premises are

operational in the receiving municipality.

* * *

(b.6) Notwithstanding any other provision of this act, the

board may approve the transfer of a restaurant liquor license,

available for auction under section 470.3, to any county for the

purposes of a commercial and mixed-use overlay project, subject

to the following conditions:

(1) The proposed project must be a commercial and mixed-use

overlay project and must be located within a municipality that

allows for the issuance and transfer of restaurant liquor

licenses under section 472.

(2) The initial application may be submitted to the board by

an interested party. The application shall be accompanied by a

resolution or ordinance indicating that the municipality where

the proposed project is located has approved the request to have

the area designated as a commercial and mixed-use overlay

project by the board, a map of the area proposed to be so

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designated and any additional information the board may require.

(3) The application shall indicate the number of licenses

that the applicant is seeking to transfer, up to twenty

licenses. In addition to the normal application and license fees

for a restaurant liquor license, the application shall be

accompanied by a twenty-five thousand dollar ($25,000) surcharge

for each license.

(4) Upon receipt of a completed application that satisfies

board requirements, the board shall approve the request and

deposit the twenty-five thousand dollar ($25,000) surcharge per

license into the State Stores Fund. Each license shall be held

in safekeeping for the benefit of the applicant until the

applicant files a formal transfer application. The applicant may

assign the applicant's rights to file a formal transfer

application to a third party.

(5) The board may choose the specific licenses that will be

made available for transfer but preference shall be given to

licenses from a saturated county, if they are available, up to

the maximum number of licenses that may be accepted from that

county.

(6) For purposes of this subsection, the maximum number of

licenses that may be accepted from a county shall be calculated

by subtracting from the total number of restaurant liquor

licenses in the county, a number equal to 2.64 times the county

population divided by three thousand (3,000).

(7) A license placed in safekeeping under paragraph (4) may

be held for up to four years from the date the board approves

the application and shall be exempt from the additional

safekeeping fees imposed under section 474.1. The license shall

be subject to all other fees, including renewal fees and the

application surcharge imposed under section 470. Upon expiration

of the four-year period, the license shall be revoked unless the

applicant has submitted a transfer application prior to

expiration. If a license is revoked, the applicant is not

entitled to a refund.

(8) A license transferred under this subsection is subject

to all of the following:

(i) The license may not be transferred to a location outside

of the commercial and mixed-use overlay project.

(ii) The license is ineligible for a wine expanded permit

under section 415.

(iii) The licensee may not sell malt and brewed beverages

for off-premises consumption.

(9) A license transferred into a new county under this

subsection is subject to all of the following:

(i) The license shall not be counted toward, nor be subject

to, the county quota set forth in section 461.

(ii) The license shall have its renewal and validation dates

amended to match the renewal and validation date of the licenses

in the county.

* * *

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Section 4. Sections 468(a)(1), 492.1(a) and 505.4(b)(1) and

(5) and (c) of the act are amended to read:

Section 468. Licenses Not Assignable; Transfers.--(a) (1)

Licenses issued under this article may not be assigned. The

board, upon payment of the transfer filing fee, is hereby

authorized to transfer any license issued by it under the

provisions of this article from one person to another or from

one place to another, or both. Except for restaurant liquor and

eating place retail dispenser licenses transferred under section

461(b.4) and restaurant liquor licenses transferred under

section 461(b.5) and (b.6), if the license is a retail license,

the new location must be within the same county as the existing

location or, if the municipality is located in more than one

county, within the same municipality as the existing location.

* * *

Amend Bill, page 6, line 14, by striking out "2" and

inserting

Amend Bill, page 6, line 14, by striking out "in 60 days."

and inserting

as follows:

(1) The following provisions shall take effect

immediately:

(i) This section.

(ii) The amendment or addition of sections 406(d),

413(f)(1), 492.1(a)(2) and 505.4(b)(1), (5) and (c) of

the act.

(2) The remainder of this act shall take effect in 60

days.

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