PRINTER'S NO. 189
No. 211 Session of 1995
INTRODUCED BY LLOYD, LUCYK, TIGUE, STEELMAN, LAUGHLIN, GORDNER,
M. COHEN, PESCI, STERN, BELARDI, PETRONE AND BATTISTO,
JANUARY 23, 1995
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 23, 1995
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further authorizing municipalities to exercise local option
18 to prohibit the possession and consumption of alcoholic
19 liquors, alcohol and malt and brewed beverages in certain
20 establishments which operate without retail liquor license.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The act of April 12, 1951 (P.L.90, No.21), known
24 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
25 No.14), is amended by adding a section to read:
26 Section 472.6. Local Option on Certain Establishments.--(a)
1 In any municipality or any part of a municipality where such
2 municipality is split so that each part thereof is separated by
3 another municipality, an election may be held on the date of the
4 primary election immediately preceding any municipal election,
5 but not more often than once in four years, to determine the
6 will of the electors with respect to prohibiting the operation
7 and maintenance, within the limits of such municipality or part
8 of a split municipality, of establishments which do not hold a
9 retail liquor license but which admit patrons upon the payment
10 of a fee and permit such patrons to take alcoholic liquors,
11 alcohol and malt and brewed beverages into the establishment for
12 on-premise consumption. Where an election shall have been held
13 at the primary election preceding a municipal election in any
14 year, another election may be held under the provisions of this
15 act at the primary election occurring the fourth year after such
16 prior election. Whenever electors equal to at least twenty-five
17 per centum of the highest vote cast for any office in the
18 municipality or part of a split municipality at the last
19 preceding general election shall file a petition with the board
20 of elections of the county, or the governing body of the
21 municipality adopts, by majority vote, a resolution to place
22 such question on the ballot and a copy of the resolution is
23 filed with the board of elections of the county, for a
24 referendum on the question of prohibiting the operation and
25 maintenance of establishments which do not hold a retail liquor
26 license but which admit patrons upon the payment of a fee and
27 permit such patrons to take alcoholic liquors, alcohol and malt
28 and brewed beverages into the establishment for on-premise
29 consumption, the county board of elections shall cause a
30 question to be placed on the ballots or on the voting machine
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1 board and submitted at the primary immediately preceding the
2 municipal election. The question shall be in the following form:
3 Do you favor the prohibition of establishments which do
4 not hold a retail liquor license but which admit patrons
5 upon the payment of a fee and permit such patrons to take
6 alcoholic liquors, alcohol and malt and brewed beverages
7 into the establishment for on-premise consumption in
8 .................. of ..................?
9 YES.......... NO..........
10 (b) In the case of a tie vote, the status quo shall obtain.
11 If a majority of the electors voting on the question vote "yes,"
12 then an establishment which does not hold a retail liquor
13 license but which admits patrons upon the payment of a fee and
14 permits such patrons to take alcoholic liquors, alcohol and malt
15 and brewed beverages into such establishment for on-premise
16 consumption shall not be operated or maintained in the
17 municipality or part of a split municipality; but if a majority
18 of the electors voting on the question vote "no," then the
19 operation of such establishments shall be permitted in the
20 municipality or part of a split municipality, unless and until
21 at a later election a majority of the voting electors vote "yes"
22 on such question.
23 (c) Proceedings under this act shall be in accordance with
24 the provisions of the act of June 3, 1937 (P.L.1333, No.320),
25 known as the "Pennsylvania Election Code."
26 (d) A person who operates an establishment without a retail
27 liquor license but who admits patrons upon the payment of a fee
28 and permits such patrons to take alcoholic liquors, alcohol and
29 malt and brewed beverages into such establishment for on-premise
30 consumption in a municipality or part of a split municipality
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1 where a local option vote is taken as provided in this act shall
2 cease operation of such establishment within sixty days after
3 the certification of such vote, if as a result of the vote the
4 operation and maintenance of such establishments will become
5 unlawful.
6 Section 2. This act shall take effect in 60 days.
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