PRINTER'S NO. 1944
No. 1618 Session of 1977
INTRODUCED BY MISCEVICH, TRELLO, RAVENSTAHL, NOVAK, LOGUE,
GEISLER, CAPUTO, CESSAR, SALVATORE, COHEN AND O'CONNELL,
AUGUST 17, 1977
REFERRED TO COMMITTEE ON LIQUOR CONTROL, AUGUST 17, 1977
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 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 adding provisions relating to the transfer of club licenses.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Subsection (a) of section 468, act of April 12,
21 1951 (P.L.90, No.21), known as the "Liquor Code," amended June
22 17, 1971 (P.L.166, No.13), is amended to read:
23 Section 468. Licenses Not Assignable; Transfers.--(a)
24 Licenses issued under this article may not be assigned. The
25 board, upon payment of the transfer filing fee and the execution
1 of a new bond, is hereby authorized to transfer any license
2 issued by it under the provisions of this article from one
3 person to another or from one place to another, or both, within
4 the same municipality, as the board may determine. The board, in
5 its discretion, may transfer an existing restaurant retail
6 dispenser or club license from one municipality to another in
7 the same county regardless of the quota limitations provided for
8 in this act, if sales of liquor or malt and brewed beverages are
9 legal in such other municipality and if the restaurant retail
10 dispenser or club lost the use of the building in which it was
11 located due to governmental exercise of the right of eminent
12 domain and no other suitable building can be found in the first
13 municipality. The board, in its discretion, may transfer an
14 existing club license from one municipality to another in the
15 same county regardless of the quota limitations provided for in
16 this act, if sales of liquor or malt and brewed beverages are
17 legal in such other municipality and if the club lost the use of
18 the building in which it was located due to fire or a natural
19 disaster or calamity. In the case of distributor and importing
20 distributor licenses, the board may transfer any such license
21 from its place in a municipality to a place in any other
22 municipality within the same county, or from one place to
23 another place within the same municipality, or exchange a
24 distributor license for an importing distributor license or an
25 importing distributor license for a distributor license, if the
26 building for which the license is to be issued has, in the case
27 of an importing distributor license, an area under one roof of
28 two thousand five hundred square feet and, in the case of a
29 distributor license, an area under one roof of one thousand
30 square feet: And provided, That, in the case of all transfers of
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1 distributor or importing distributor licenses, whether from a
2 place within the same municipality to another place within the
3 same municipality or from a place in a municipality to a place
4 in any other municipality within the same county, and, in the
5 case of an exchange of a distributor license for an importing
6 distributor license or an importing distributor license for a
7 distributor license, the premises to be affected by the transfer
8 or exchange shall contain an office separate and apart from the
9 remainder of the premises to be licensed for the purpose of
10 keeping records, required by the board, adequate toilet
11 facilities for employes of the licensee and an entrance on a
12 public thoroughfare: Provided, however, That in the event that
13 the majority of the voting electors of a municipality, at an
14 election held under the provisions of any law so empowering them
15 to do, shall vote against the issuance of distributor or
16 importing distributor licenses in such municipality, the board
17 is hereby authorized to transfer any such distributor or
18 importing distributor license from its place in such
19 municipality to a place in any other municipality within the
20 same county, upon application prior to the expiration of any
21 such license and upon payment of the transfer filing fee and the
22 execution of a new bond; but no transfer shall be made to a
23 person who would not have been eligible to receive the license
24 originally nor for the transaction of business at a place for
25 which the license could not lawfully have been issued
26 originally, nor, except as herein provided, to a place as to
27 which a license has been revoked. No license shall be
28 transferred to any place or property upon which is located as a
29 business the sale of liquid fuels and oil. Except in cases of
30 emergency such as death, serious illness, or circumstances
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1 beyond the control of the licensee, as the board may determine
2 such circumstances to justify its action, transfers of licenses
3 may be made only at times fixed by the board. In the case of the
4 death of a licensee, the board may transfer the license to the
5 surviving spouse or personal representative or to a person
6 designated by him. From any refusal to grant a transfer or upon
7 the grant of any transfer, the party aggrieved shall have the
8 right of appeal to the proper court in the manner hereinbefore
9 provided.
10 * * *
11 Section 2. This act shall take effect in 60 days.
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