PRINTER'S NO. 1008
No. 887 Session of 1983
INTRODUCED BY SALOOM, PETRARCA, DALEY, CLARK, OLASZ, HUTCHINSON,
VAN HORNE, KASUNIC, DeLUCA, F. E. TAYLOR, SWEET, FREEMAN AND
WAMBACH, APRIL 27, 1983
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 27, 1983
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 exempting volunteer fire companies from the licensing quota.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 461(a) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, amended December 17,
22 1982 (P.L.1390, No.319), is amended and the section is amended
23 by adding a subsection to read:
24 Section 461. Limiting Number of Retail Licenses To Be Issued
25 In Each Municipality.--(a) No licenses shall hereafter be
1 granted by the board for the retail sale of malt or brewed
2 beverages or the retail sale of liquor and malt or brewed
3 beverages in excess of one of such licenses of any class for
4 each two thousand inhabitants in any municipality, exclusive of
5 licenses granted to airport restaurants, municipal golf courses,
6 hotels, privately-owned public golf courses, volunteer fire
7 companies, as defined in this section, and clubs; but at least
8 one such license may be granted in each municipality and in each
9 part of a municipality where such municipality is split so that
10 each part thereof is separated by another municipality, except
11 in municipalities where the electors have voted against the
12 granting of any retail licenses and except in that part of a
13 split municipality where the electors have voted against the
14 granting of any retail licenses. Nothing contained in this
15 section shall be construed as denying the right to the board to
16 renew or to transfer existing retail licenses of any class
17 notwithstanding that the number of such licensed places in a
18 municipality shall exceed the limitation hereinbefore
19 prescribed; but where such number exceeds the limitation
20 prescribed by this section, no new license, except for hotels,
21 municipal golf courses, airport restaurants, privately-owned
22 public golf courses [and], privately-owned private golf course
23 licensees and volunteer fire companies, as defined in this
24 section, shall be granted so long as said limitation is
25 exceeded.
26 * * *
27 (g) "Volunteer fire company" as used in this section shall
28 mean any nonprofit chartered corporation, association or
29 organization located in this Commonwealth which has been in
30 existence for a period of ten years from the effective date of
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1 this amendatory act and which provides fire protection services
2 and other voluntary emergency services within the Commonwealth.
3 Voluntary emergency services provided by a volunteer fire
4 company may include voluntary ambulance and voluntary rescue
5 services.
6 Section 2. This act shall take effect in 60 days.
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