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| PRIOR PRINTER'S NO. 111 | PRINTER'S NO. 394 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATERS, DONATUCCI, YOUNGBLOOD, KIRKLAND, PARKER, BRENNAN, CALTAGIRONE, M. O'BRIEN, STABACK, PASHINSKI, VULAKOVICH, KOTIK AND CRUZ, JANUARY 30, 2009 |
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| AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 11, 2009 |
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| AN ACT |
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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 | providing for an exception to the interlocking business | <-- |
18 | prohibition; further exempting certain hotels from certain |
19 | requirements; and further providing for responsible alcohol |
20 | management. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. Section 471.1 of the act of April 12, 1951 (P.L. | <-- |
24 | 90, No.21), known as the Liquor Code, reenacted and amended June |
25 | 29, 1987 (P.L.32, No.14), is amended by adding a subsection to |
26 | read: |
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1 | Section 1. Section 411(e) of the act of April 12, 1951 (P.L. | <-- |
2 | 90, No.21), known as the Liquor Code, reenacted and amended June |
3 | 29, 1987 (P.L.32, No.14), is amended to read: |
4 | Section 411. Interlocking Business Prohibited.--* * * |
5 | (e) Except as herein provided, no hotel, restaurant, retail |
6 | dispenser or club licensee, and no officer, director or |
7 | stockholder, agent or employe of any such licensee shall in any |
8 | wise be interested, directly or indirectly, in the ownership or |
9 | leasehold of any property or the equipment of any property or |
10 | any mortgage lien against the same, used by a distributor, |
11 | importing distributor, or by an importer or sacramental wine |
12 | licensee, in the conduct of his business; nor shall any hotel, |
13 | restaurant, retail dispenser or club licensee, or any officer, |
14 | director, stockholder, agent or employe of any such licensee, |
15 | either directly or indirectly, lend any moneys, credit, or give |
16 | anything of value or the equivalent thereof, to any distributor, |
17 | importing distributor, importer or sacramental wine licensee, |
18 | for equipping, fitting out, or maintaining and conducting, |
19 | either in whole or in part, an establishment used in the conduct |
20 | of his business. |
21 | The purpose of this section is to require a separation of the |
22 | financial and business interests between manufacturers and |
23 | holders of hotel or restaurant liquor licenses and, as herein |
24 | provided, of club licenses, issued under this article, and no |
25 | person shall, by any device whatsoever, directly or indirectly, |
26 | evade the provisions of the section. But in view of existing |
27 | economic conditions, nothing contained in this section shall be |
28 | construed to prohibit the ownership of property or conflicting |
29 | interest by a manufacturer of any place occupied by a licensee |
30 | under this article after the manufacturer has continuously owned |
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1 | and had a conflicting interest in such place for a period of at |
2 | least five years prior to July eighteenth, one thousand nine |
3 | hundred thirty-five: Provided, however, That this clause shall |
4 | not prohibit any hotel, restaurant or club liquor licensee from |
5 | owning land which is leased to, and the buildings thereon owned |
6 | by, a holder of a retail dispenser's license; and nothing in |
7 | this clause shall prevent the issuance of a retail dispenser's |
8 | license to a lessee of such lands who owns the buildings |
9 | thereon: And, provided further, That nothing contained in this |
10 | section shall be construed to prohibit any hotel, restaurant, |
11 | retail dispenser or club licensee or any officer, director or |
12 | stockholder, agent or employe of any such licensee from having a |
13 | financial or other interest, directly or indirectly in the |
14 | ownership or leasehold of any property or the equipment of any |
15 | property or any mortgage lien against same, used, leased by an |
16 | importer or sacramental wine licensee for the exclusive purpose |
17 | of maintaining commercial offices and on the condition that said |
18 | property is not used for the storage or sale of liquor or malt |
19 | or brewed beverages in any quantity: And, provided further, that |
20 | nothing contained herein shall prohibit an officer or member of |
21 | the board of a licensed privately owned private golf course |
22 | catering club from having an interest in a limited winery |
23 | license. |
24 | Section 2. Section 461(c) of the act, amended July 16, 2007 |
25 | (P.L.107, No.34), is amended to read: |
26 | Section 461. Limiting Number of Retail Licenses To Be Issued |
27 | In Each County.--* * * |
28 | (c) The word "hotel" as used in this section shall mean any |
29 | reputable place operated by a responsible person of good |
30 | reputation where the public may, for a consideration, obtain |
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1 | sleeping accommodations, and which shall have the following |
2 | number of bedrooms and requirements in each case--at least one- |
3 | half of the required number of bedrooms shall be regularly |
4 | available to transient guests seven days weekly, except in |
5 | resort areas; at least one-third of such bedrooms shall be |
6 | equipped with hot and cold water, a lavatory, commode, bathtub |
7 | or shower and a clothes closet; and an additional one-third of |
8 | the total of such required rooms shall be equipped with lavatory |
9 | and commode: |
10 | (1) In municipalities having a population of less than three |
11 | thousand, at least twelve permanent bedrooms for the use of |
12 | guests. |
13 | (2) In municipalities having a population of three thousand |
14 | and more but less than ten thousand inhabitants, at least |
15 | sixteen permanent bedrooms for the use of guests. |
16 | (3) In municipalities having a population of ten thousand |
17 | and more but less than twenty-five thousand inhabitants, at |
18 | least thirty permanent bedrooms for the use of guests. |
19 | (4) In municipalities having a population of twenty-five |
20 | thousand and more but less than one hundred thousand |
21 | inhabitants, at least forty permanent bedrooms for the use of |
22 | guests. |
23 | (5) In municipalities having a population of one hundred |
24 | thousand and more inhabitants, at least fifty permanent bedrooms |
25 | for the use of guests. |
26 | (6) A public dining room or rooms operated by the same |
27 | management accommodating at least thirty persons at one time and |
28 | a kitchen, apart from the dining room or rooms, in which food is |
29 | regularly prepared for the public. |
30 | (7) Each room to be considered a bedroom under the |
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1 | requirements of this section shall have an area of not less than |
2 | eighty square feet and an outside window. |
3 | (8) The provisions of this subsection (c) shall not apply to |
4 | hotel licenses granted prior to the first day of September, one |
5 | thousand nine hundred forty-nine, or that have been granted on |
6 | any application made and pending prior to said date, nor to any |
7 | renewal or transfer thereof, or hotels under construction or for |
8 | which a bona fide contract had been entered into for |
9 | construction prior to said date. In such cases, the provisions |
10 | of section one of the act, approved the twenty-fourth day of |
11 | June, one thousand nine hundred thirty-nine (Pamphlet Laws 806), |
12 | shall continue to apply. |
13 | (8.1) The provisions of this subsection (c) shall not apply |
14 | to hotel licenses that were granted prior to the first day of |
15 | January, [one thousand nine hundred sixty-five]one thousand nine |
16 | hundred sixty-six, in municipalities having a population of less |
17 | than ten thousand during the two thousand Federal Decennial |
18 | Census. Further, the provisions of this subsection (c) shall not |
19 | apply to hotel licenses that were granted prior to the first day |
20 | of September, one thousand nine hundred forty-nine, and that |
21 | lapsed not more than once, provided that the board issued the |
22 | hotel a new hotel license prior to the first day of January, one |
23 | thousand nine hundred seventy-one. In such cases, the provisions |
24 | of section one of the act, approved the twenty-fourth day of |
25 | June, one thousand nine hundred thirty-nine (Pamphlet Laws 806), |
26 | shall continue to apply. |
27 | (9) Upon application to and subject to inspection by the |
28 | board, hotel licensees under clause (8) of this subsection shall |
29 | no longer be required to maintain bedrooms for public |
30 | accommodation. However, areas required and designated as |
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1 | bedrooms for public accommodation prior to the effective date of |
2 | this clause may not subsequently be used as licensed serving |
3 | area. Such area may be used as licensed storage area consistent |
4 | with this act and existing regulations. |
5 | (9.1) Upon application to and subject to inspection by the |
6 | board, hotel licensees under clause (8.1) of this subsection |
7 | shall no longer be required to maintain bedrooms for public |
8 | accommodation. However, areas required and designated as |
9 | bedrooms for public accommodation prior to the effective date of |
10 | this clause may not subsequently be used as licensed serving |
11 | areas. Such areas may be used as licensed storage area |
12 | consistent with this act and existing regulations. |
13 | * * * |
14 | Section 3. Section 471.1 of the act is amended by adding a |
15 | subsection to read: |
16 | Section 471.1. Responsible Alcohol Management.--* * * |
17 | (g) Unless successfully completed prior to appointment, a |
18 | manager appointed by any restaurant, eating place retail |
19 | dispenser, hotel, club or distributor licensee shall be required |
20 | to complete the manager/owner training under subsection (c) |
21 | within 180 days of approval of appointment by the board. |
22 | Section 24. The addition of section 471.1(g) of the act | <-- |
23 | shall apply to the appointment of managers made pursuant to |
24 | applications for appointment, license transfer and applications |
25 | for new licenses filed with the Pennsylvania Liquor Control |
26 | Board after the effective date of this section. |
27 | Section 35. This act shall take effect in 60 days. | <-- |
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