PRINTER'S NO. 2542
No. 1970 Session of 1997
INTRODUCED BY BENNINGHOFF, HERMAN, BELARDI, LAUGHLIN, BARRAR,
BELFANTI, ROBERTS, GODSHALL, McNAUGHTON, ITKIN, BUNT,
L. I. COHEN, McGEEHAN, TRELLO, SEYFERT, WILT, PETRARCA,
BOSCOLA AND HANNA, OCTOBER 29, 1997
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 29, 1997
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 providing for exceptions to limiting the number of
18 retail licenses issued in each municipality and application
19 filing dates.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 461(a) of the act of April 12, 1951
23 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
24 June 29, 1987 (P.L.32, No.14), and amended October 5, 1994
25 (P.L.522, No.77), is amended to read:
1 Section 461. Limiting Number of Retail Licenses To Be Issued
2 In Each Municipality.--(a) No licenses shall hereafter be
3 granted by the board for the retail sale of malt or brewed
4 beverages or the retail sale of liquor and malt or brewed
5 beverages in excess of one of such licenses of any class for
6 each three thousand inhabitants in any municipality, exclusive
7 of licenses granted to airport restaurants, municipal golf
8 courses, hotels, privately-owned public golf courses and units
9 of nonprofit nationally chartered clubs, as defined in this
10 section, whose applications are filed on or before December 31,
11 [1994] 1998, and except those units falling under section 461.1,
12 and clubs; but at least one such license may be granted in each
13 municipality and in each part of a municipality where such
14 municipality is split so that each part thereof is separated by
15 another municipality, except in municipalities where the
16 electors have voted against the granting of any retail licenses
17 and except in that part of a split municipality where the
18 electors have voted against the granting of any retail licenses.
19 Nothing contained in this section shall be construed as denying
20 the right to the board to renew or to transfer existing retail
21 licenses of any class notwithstanding that the number of such
22 licensed places in a municipality shall exceed the limitation
23 hereinbefore prescribed; but where such number exceeds the
24 limitation prescribed by this section, no new license, except
25 for hotels, municipal golf courses, airport restaurants,
26 privately-owned public golf courses, privately-owned private
27 golf course licensees and units of nonprofit nationally
28 chartered clubs, as defined in this section, whose applications
29 are filed on or before December 31, [1994] 1998, and except
30 those units falling under section 461.1, shall be granted so
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1 long as said limitation is exceeded.
2 * * *
3 Section 2. This act shall take effect in 60 days.
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