THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, CALTAGIRONE, CLYMER, MURT, O'NEILL AND RAPP, FEBRUARY 8, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 8, 2011  

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, providing for reporting of changes

in officers, directors or stockholders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 12, 1951 (P.L.90, No.21), known

as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,

No.14), is amended by adding a section to read:

Section 415.  Reporting of Changes in Officers, Directors or

Stockholders.--(a)  (1)  Except as otherwise provided in

paragraph (2), a corporation, association or other board-

licensed entity, except a club, having officers, directors or

stockholders shall report a change in an officer, director or

stockholder within fifteen days.

(2)  A change in a stockholder involving less than ten per

centum of outstanding voting stock need not be reported, except

when the change involves a majority or controlling interest.

(3)  For purposes of this subsection, "control" is defined as

the power or authority to manage, direct, govern, administer or

oversee the operation of a licensed business.

(b)  The changes shall be reported on forms which will be

furnished upon request by the board. For a change in

stockholder, an affidavit describing, in detail, the source of

funds used to purchase the stock shall accompany the form. If

funds to purchase the stock are derived from a written financing

agreement, the financing agreement shall be included with the

form.

(c)  (1)  A change of officer of a club shall be reported

with the renewal of the club license on forms furnished by the

board upon request.

(2)  Change of club manager or steward shall be reported with

the renewal of the club license and at license validation on

forms furnished by the board upon request.

(d)  (1)  Change of officer forms for club licensees shall be

accompanied by a fee of forty dollars ($40.00). When a

background investigation is conducted to obtain or verify

information regarding a change of officer of a club, an

additional fee of sixty dollars ($60.00), for a total fee of one

hundred dollars ($100.00), shall be assessed.

(2)  Change of officer forms for a change of an officer,

other than a club, shall be accompanied by a fee of two hundred

dollars ($200.00) when the change of officer does not constitute

a change in majority or controlling interest. If the change of

officer constitutes a change in majority or controlling

interest, the fee shall be assessed in accordance with section

614-A of the act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929."

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