H1048B1211A01546 BIL:EJH 05/31/19 #90 A01546
AMENDMENTS TO HOUSE BILL NO. 1048
Sponsor: REPRESENTATIVE BURNS
Printer's No. 1211
Amend Bill, page 1, lines 1 through 19, by striking out all
of said lines and inserting
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
licenses and regulations for liquor, alcohol and malt and
brewed beverages, further providing for renewal of licenses.
Amend Bill, page 1, lines 22 through 25; page 2, lines 1
through 7; by striking out all of said lines on said pages and
inserting
Section 1. Section 470(a) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, is amended to read:
Section 470. Renewal of Licenses; Temporary Provisions for
Licensees in Armed Service.--(a) All applications for
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),] 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
2019/90BIL/HB1048A01546 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
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 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.
2019/90BIL/HB1048A01546 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46