Regular Session 2017-2018 House Bill 1158 P.N. 1381

PRINTER'S NO. 1381

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1158

Session of

2017

INTRODUCED BY CEPHAS, KINSEY, BULLOCK, HILL-EVANS, McCLINTON,

SOLOMON AND FITZGERALD, APRIL 12, 2017

REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 12, 2017

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

licenses and regulations and liquor, alcohol and malt and

brewed beverages, further providing for issuance, transfer or

extension of hotel, restaurant and club liquor licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 404(a) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, amended June 8, 2016

(P.L.273, No.39), is amended and the section is amended by

adding a subsection to read:

Section 404. Issuance, Transfer or Extension of Hotel,

Restaurant and Club Liquor Licenses.--(a) Upon receipt of the

application and the proper fees, and upon being satisfied of the

truth of the statements in the application that the applicant

and management company or companies, if any, are the only

persons in any manner pecuniarily interested in the business so

asked to be licensed and that no other person will be in any

manner pecuniarily interested therein during the continuance of

the license, except as hereinafter permitted, and that the

applicant is a person of good repute, that the premises applied

for meet all the requirements of this act and the regulations of

the board, that the applicant seeks a license for a hotel,

restaurant or club, as defined in this act, and that the

issuance of such license is not prohibited by any of the

provisions of this act, the board shall, in the case of a hotel

or restaurant, grant and issue to the applicant a liquor

license, and in the case of a club may, in its discretion, issue

or refuse a license: Provided, however, That in the case of any

new license or the transfer of any license to a new location or

the extension of an existing license to cover an additional area

the board may, in its discretion, grant or refuse such new

license, transfer or extension if such place proposed to be

licensed is within three hundred feet of any church, hospital,

charitable institution, [school,] or public playground, or if

such new license, transfer or extension is applied for a place

which is within two hundred feet of any other premises which is

licensed by the board: And provided further, That the board's

authority to refuse to grant a license because of its proximity

to a church, hospital, charitable institution, public playground

or other licensed premises shall not be applicable to license

applications submitted for public venues or performing arts

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facilities: And provided further, That the board shall refuse

any application for a new license, the transfer of any license

to a new location or the extension of an existing license to

cover an additional area if such new license, transfer or

extension is applied for a place which is within three hundred

feet of a school or child day-care center: And provided further,

That the board shall refuse any application for a new license,

the transfer of any license to a new location or the extension

of an existing license to cover an additional area if, in the

board's opinion, such new license, transfer or extension would

be detrimental to the welfare, health, peace and morals of the

inhabitants of the neighborhood within a radius of five hundred

feet of the place proposed to be licensed: And provided further,

That the board shall have the discretion to refuse a license to

any person or to any corporation, partnership or association if

such person, or any officer or director of such corporation, or

any member or partner of such partnership or association shall

have been convicted or found guilty of a felony within a period

of five years immediately preceding the date of application for

the said license. The board shall not license the area where

liquid fuels or oil is sold. No sales of liquid fuels or oil may

be made from a licensee's licensed premises. A licensed premises

may not have an interior connection with a location that sells

liquid fuels or oil unless it first receives permission from the

board for the interior connection. The approval shall be

required regardless of whether the licensee or another party is

the entity selling the liquid fuels or oil. 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

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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 section 470. If the board enters into an agreement with an

applicant concerning additional restrictions, those restrictions

shall be binding on subsequent holders of the license until the

license is transferred to a new location or until the board

enters into a subsequent agreement removing those restrictions.

If the application in question involves a location previously

licensed by the board, then any restrictions imposed by the

board on the previous license at that location shall be binding

on the applicant unless the board enters into a new agreement

rescinding those restrictions. The board may, in its discretion,

refuse an application for an economic development license under

section 461(b.1) or an application for an intermunicipal

transfer of a license if the board receives a protest from the

governing body of the receiving municipality. The receiving

municipality of an intermunicipal transfer or an economic

development license under section 461(b.1) may file a protest

against the transfer of a license into its municipality, and the

receiving municipality shall have standing in a hearing to

present testimony in support of or against the issuance or

transfer of a license. Upon any opening in any quota, an

application for a new license shall only be filed with the board

for a period of six months following said opening.

* * *

center" shall mean the premises in which care is provided at any

one time for seven or more children unrelated to the operator.

Section 2. This act shall take effect in 60 days.

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