THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS AND M. O'BRIEN, MARCH 29, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 29, 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,"

further providing for issuance, transfer or extension of

hotel, restaurant and club liquor licenses, for the

definition of "public venue," for public venue licenses, for

court jurisdiction on appeals from decision of the board, for

hearings before the board and administrative law judges, for

revocation of licenses, for increased fines and for renewal

of licenses; and providing for licensees engaged in or

allowing other businesses on licensed premises.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "public venue" in section 102

of 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)

and amended June 25, 2010 (P.L.217, No.35), is amended to read:

Section 102.  Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Public venue" shall mean a stadium, arena, convention

center, museum, zoo, amphitheater or similar structure. If the

public venue is a cruise terminal owned or leased by a port

authority created under the act of June 12, 1931 (P.L.575,

No.200), entitled "An act providing for joint action by

Pennsylvania and New Jersey in the development of the ports on

the lower Delaware River, and the improvement of the facilities

for transportation across the river; authorizing the Governor,

for these purposes, to enter into an agreement with New Jersey;

creating The Delaware River Joint Commission and specifying the

powers and duties thereof, including the power to finance

projects by the issuance of revenue bonds; transferring to the

new commission all the powers of the Delaware River Bridge Joint

Commission; and making an appropriation," it shall have no

permanent seating requirement. If the public venue is an open-

air amphitheater owned by a port authority created under the act

of December 6, 1972 (P.L.1392, No.298), known as the "Third

Class City Port Authority Act," it shall have no permanent

seating requirement. If the public venue is owned by a political

subdivision, a municipal authority, the Commonwealth, an

authority created under the act of July 29, 1953 (P.L.1034,

No.270), known as the "Public Auditorium Authorities Law," an

authority created under Article XXV-A of the act of July 28,

1953 (P.L.723, No.230), known as the "Second Class County Code,"

an art museum established under the authority of the act of

April 6, 1791 (3 Sm.L.20, No.1536), entitled "An act to confer

on certain associations of the citizens of this commonwealth the

powers and immunities of corporations, or bodies politic in

law," or an authority created under Article XXIII (n) or (o) of

the act of August 9, 1955 (P.L.323, No.130), known as "The

County Code," it shall have permanent seating for at least one

thousand (1,000) people; otherwise, it shall have permanent

seating for at least two thousand (2,000) people. The term shall

also mean any regional history center, multipurpose cultural and

science facility, museum or convention or trade show center,

regardless of owner and seating capacity, that has a floor area

of at least sixty thousand (60,000) square feet in one building.

The term shall also mean a convention or conference center owned

by a city of the third class or a university which is a member

of the Pennsylvania State System of Higher Education which is

operated by a university foundation or alumni association,

regardless of seating capacity, that has a floor area of at

least fifteen thousand (15,000) square feet in one building. The

term shall also mean a visitor center, regardless of floor area

or seating capacity, that was established under the authority of

the Gateway Visitor Center Authorization Act of 1999 (Public Law

106-131, 113 Stat. 1678, 16 U.S.C. § 407m)). If the public venue

is a zoo, is an accredited member of the Association of Zoos and

Aquariums, occupies at least thirty (30) acres, has been in

existence at least one hundred (100) years and is located in a

city of the first or second class, then it shall have no square

footage or permanent seating requirements.

* * *

Section 2.  Section 404 of the act, amended January 6, 2006

(P.L.1, No.1), is amended to read:

Section 404.  Issuance, Transfer or Extension of Hotel,

Restaurant and Club Liquor Licenses.--(a)  Upon receipt of the

application and the proper fees, and upon being satisfied of the

truth of the statements in the application that the applicant is

the only person in any manner pecuniarily interested in the

business so asked to be licensed and that no other person will

be in any manner pecuniarily interested therein during the

continuance of the license, except as hereinafter permitted, and

that the applicant is a person of good repute, that the premises

applied for meet all the requirements of this act and the

regulations of the board, that the applicant seeks a license for

a hotel, restaurant or club, as defined in this act, and that

the issuance of such license is not prohibited by any of the

provisions of this act, the board shall, in the case of a hotel

or restaurant, grant and issue to the applicant a liquor

license, and in the case of a club may, in its discretion, issue

or refuse a license: Provided, however, That in the case of any

new license or the transfer of any license to a new location or

the extension of an existing license to cover an additional area

the board may, in its discretion, grant or refuse such new

license, transfer or extension if such place proposed to be

licensed is within three hundred feet of any church, hospital,

charitable institution, school, or public playground, or if such

new license, transfer or extension is applied for a place which

is within two hundred feet of any other premises which is

licensed by the board: And provided further, That the board's

authority to refuse to grant a license because of its proximity

to a church, hospital, charitable institution, public playground

or other licensed premises shall not be applicable to license

applications submitted for public venues or performing arts

facilities: And provided further, That the board shall refuse

any application for a new license, the transfer of any license

to a new location or the extension of an existing license to

cover an additional area if, in the board's opinion, such new

license, transfer or extension would be detrimental to the

welfare, health, peace and morals of the inhabitants of the

neighborhood within a radius of five hundred feet of the place

proposed to be licensed: And provided further, That the board

shall have the discretion to refuse a license to any person or

to any corporation, partnership or association if such person,

or any officer or director of such corporation, or any member or

partner of such partnership or association shall have been

convicted or found guilty of a felony within a period of five

years immediately preceding the date of application for the said

license. The board shall refuse any application for a new

license, the transfer of any license to a new location or the

extension of any license to cover an additional area where the

sale of liquid fuels or oil is conducted. The board may enter

into an agreement with the applicant concerning additional

restrictions on the license in question. If the board and the

applicant enter into such an agreement, such agreement shall be

binding on the applicant. Failure by the applicant to adhere to

the agreement will be sufficient cause to form the basis for a

citation under section 471 and for the nonrenewal of the license

under section 470. If the board enters into an agreement with an

applicant concerning additional restrictions, those restrictions

shall be binding on subsequent holders of the license until the

license is transferred to a new location or until the board

enters into a subsequent agreement removing those restrictions.

If the application in question involves a location previously

licensed by the board, then any restrictions imposed by the

board on the previous license at that location shall be binding

on the applicant unless the board enters into a new agreement

rescinding those restrictions. The board may, in its discretion,

refuse an application for an economic development license under

section 461(b.1) or an application for an intermunicipal

transfer of a license if the board receives a protest from the

governing body of the receiving municipality. The receiving

municipality of an intermunicipal transfer or an economic

development license under section 461(b.1) may file a protest

against the transfer of a license into its municipality, and the

receiving municipality shall have standing in a hearing to

present testimony in support of or against the issuance or

transfer of a license. Upon any opening in any quota, an

application for a new license shall only be filed with the board

for a period of six months following said opening.

(b)  If a person is seeking a transfer of a hotel, restaurant

or eating place license in a city of the first class, proof or

certification of zoning compliance for the hotel, restaurant or

eating place for which the license transfer is being applied

must be submitted with the application.

Section 3.  Section 412(b) and (f)(1) of the act, amended

February 21, 2002 (P.L.103, No.10), are amended to read:

Section 412.  Public Venue License.--* * *

(b)  An application for a restaurant liquor license under

this section may be made by the owner of the public venue, the

operator of the public venue or by a concessionaire designated

by the governing body of either the owner of the public venue or

the operator. The application and issuance of the license is

subject to sections 403 and 404 unless otherwise stated, except

that private banquets and other events at zoos may be held at

any site within the zoo property. The licensing period shall be

as set forth by the board under section 402. The application,

renewal and filing fees shall be as prescribed in section 614-

A(25) of the act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929."

* * *

(f)  Licenses issued under this section are to be considered

restaurant liquor licenses. However, the following additional

restrictions and privileges apply:

(1)  Sales may only be made one hour before, during and one

hour after any athletic performance, performing arts event,

trade show, convention, banquet or any other performance at the

facility; however, sales may not be made from two o'clock

antemeridian to seven o'clock antemeridian. In addition, sales

may not occur prior to eleven o'clock antemeridian on Sundays or

seven o'clock antemeridian on Mondays. Notwithstanding this

section, facilities that had been licensed under former sections

408.9 and 408.14 and zoos may sell liquor and/or malt or brewed

beverages anytime except from two o'clock antemeridian to seven

o'clock antemeridian or prior to eleven o'clock antemeridian on

Sundays or seven o'clock antemeridian on Mondays, regardless of

whether there is a performance at the facility.

* * *

Section 4.  Section 464 of the act, amended December 9, 2002

(P.L.1653, No.212), is amended to read:

Section 464.  Hearings Upon Refusal of Licenses, Renewals or

Transfers; Appeals.--The board may of its own motion, and shall

upon the written request of any applicant for club, hotel or

restaurant liquor license, or any applicant for any malt or

brewed beverage license other than a public service license, or

for renewal or transfer thereof, or for the renewal of an

amusement permit, whose application for such license, renewal or

transfer, or the renewal of an amusement permit, has been

refused, fix a time and place for hearing of such application

for license or for renewal or transfer thereof, or the renewal

of an amusement permit, notice of which hearing shall be mailed

to the applicant at the address given in his application. Such

hearing shall be before a hearing examiner designated by the

board. At such hearing, the board shall present its reasons for

its refusal or withholding of license, renewal or transfer

thereof, or its refusal for renewal of an amusement permit. The

applicant may appear in person or by counsel, may cross-examine

the witnesses for the board and may present evidence which shall

likewise be subject to cross-examination by the board. Such

hearing shall be stenographically recorded. The hearing examiner

shall thereafter report, with the examiner's recommendation, to

the board in each case. The board shall thereupon grant or

refuse the license, renewal or transfer thereof or the renewal

of an amusement permit. In considering the renewal of a license

or amusement permit, the board shall not refuse any such renewal

on the basis of the propriety of the original issuance or any

prior renewal of such license or amusement permit. If the board

shall refuse such license, renewal or transfer or the renewal of

an amusement permit, following such hearing, notice in writing

of such refusal shall be mailed to the applicant at the address

given in his application. In all such cases, the board shall

file of record at least a brief statement in the form of an

opinion of the reasons for the ruling or order and furnish a

copy thereof to the applicant. Any applicant who has appeared at

any hearing, as above provided, who is aggrieved by the refusal

of the board to issue any such license or to renew or transfer

any such license or to issue or renew any amusement permit may

appeal, or any church, hospital, charitable institution, school

or public playground located within three hundred feet of the

premises applied for, aggrieved by the action of the board in

granting the issuance of any such license or the transfer of any

such license, may take an appeal limited to the question of such

grievance, within twenty days from date of refusal or grant, to

the court of common pleas of the county in which the premises or

permit applied for is located. If the application is for an

economic development license under section 461(b.1) or the

intermunicipal transfer of a license, the governing body of the

municipality receiving the new license or the transferred

license may file an appeal of the board decision granting the

license, within twenty days of the date of the board's decision,

to the court of common pleas of the county in which the proposed

premises is located. Such appeal shall be upon petition of the

aggrieved party, who shall serve a copy thereof upon the board,

whereupon a hearing shall be held upon the petition by the court

upon ten days' notice to the board. The said appeal shall,

except in cases involving the renewal of a license, act as a

supersedeas unless upon sufficient cause shown the court shall

determine otherwise. The court shall [hear the application de

novo on questions of fact, administrative discretion and such

other matters as are involved, at such time as it shall fix, of

which notice shall be given to the board. The court shall either

sustain or over-rule the action of the board and either order or

deny the issuance of a new license or the renewal or transfer of

the license or the renewal of an amusement permit to the

applicant] affirm the board unless the board's decision is an

error of law, an abuse of discretion or unless the board's

decision is not supported by substantial evidence.

Section 5.  Section 470(a) and (b) of the act, amended

December 9, 2002 (P.L.1653, No.212) and December 8, 2004

(P.L.1810, No.239), are amended and the section is amended by

adding subsections to read:

Section 470.  Renewal of Licenses; Temporary Provisions for

Licensees in Armed Service.--(a)  All applications for renewal

of licenses under the provisions of this article shall be filed

with tax clearance from the Department of Revenue and the

Department of Labor and Industry and requisite license and

filing fees at least sixty days before the expiration date of

same: Provided, however, That the board, in its discretion, may

accept nunc pro tunc a renewal application filed less than sixty

days before the expiration date of the license with the required

fees, upon reasonable cause shown and the payment of an

additional filing fee of one hundred dollars ($100.00) for late

filing: And provided further, That except where the failure to

file a renewal application on or before the expiration date has

created a license quota vacancy after said expiration date which

has been filled by the issuance of a new license, after such

expiration date, but before the board has received a renewal

application nunc pro tunc within the time prescribed herein the

board, in its discretion, may, after hearing, accept a renewal

application filed within two years after the expiration date of

the license with the required fees upon the payment of an

additional filing fee of two hundred fifty dollars ($250.00) for

late filing. Where any such renewal application is filed less

than sixty days before the expiration date, or subsequent to the

expiration date, no license shall issue upon the filing of the

renewal application until the matter is finally determined by

the board and if an appeal is taken from the board's action the

courts shall not order the issuance of the renewal license until

final determination of the matter by the courts. The board may

enter into an agreement with the applicant concerning additional

restrictions on the license in question. If the board and the

applicant enter into such an agreement, such agreement shall be

binding on the applicant. Failure by the applicant to adhere to

the agreement will be sufficient cause to form the basis for a

citation under section 471 and for the nonrenewal of the license

under this section. A renewal application will not be considered

filed unless accompanied by the requisite filing and license

fees and any additional filing fee required by this section.

Unless the board shall have given ten days' previous notice to

the applicant of objections to the renewal of his license, based

upon violation by the licensee or his servants, agents or

employes of any of the laws of the Commonwealth or regulations

of the board relating to the manufacture, transportation, use,

storage, importation, possession or sale of liquors, alcohol or

malt or brewed beverages, or the conduct of a licensed

establishment, or unless the applicant or its shareholders,

directors, officers, association members, servants, agents or

employes has by his own act become a person of ill repute, or

unless the premises do not meet the requirements of this act or

the regulations of the board, the license of a licensee shall be

renewed.

* * *

(b) In cases where a licensee or its servants, agents or

employes are arrested or charged with violating any of the laws

of this Commonwealth or if a licensee has one or more

unadjudicated citations pending against the licensee at the time

a renewal application for the license is pending before the

board, the board may, in its discretion, renew the license;

however, the renewed license may be subsequently revoked by the

board if and when the licensee or its servants, agents or

employes are convicted of the pending criminal charges or when

the citation issued against the license is adjudicated by the

Office of Administrative Law Judge.

In the event the renewal license is revoked by the board,

neither the license fee paid for the license nor any part

thereof shall be returned to the licensee. A licensee whose

license is revoked shall be ineligible to have a license under

this act until the expiration of three years from the date the

license was revoked. In the event a license is revoked, no

license may be granted for the premises or transferred to the

premises in which the said license was conducted for a period of

at least one year after the date of the revocation of the

license conducted in the premises, except in cases where the

licensee or a member of the licensee's immediate family is not

the owner of the premises, in which case the board may, in its

discretion, issue or transfer a license within the year.

* * *

(d)  If the renewal of the license is objected to because of

the reputation of the applicant or its shareholders, directors,

officers, association members, servants, agents or employes or

under subsection (a.1), the Director of the Bureau of Licensing

may, in the director's discretion, grant the applicant temporary

operating authority under whatever terms the director deems

appropriate. The operating authority shall not exceed 90

calendar days.

(e)  If the renewal of the license is objected to because of

the reputation of the applicant or its shareholders, directors,

officers, association members, servants, agents or employes or

under subsection (a.1), the board shall render a decision on the

application within 90 calendar days.

Section 6.  Section 471(b) of the act, amended July 6, 2005

(P.L.135, No.39), is amended to read:

Section 471.  Revocation and Suspension of Licenses; Fines.--

* * *

(b)  Hearing on such citations shall be held in the same

manner as provided herein for hearings on applications for

license. Upon such hearing, if satisfied that any such violation

has occurred or for other sufficient cause, the administrative

law judge shall immediately suspend or revoke the license, or

impose a fine of not less than fifty dollars ($50) nor more than

[one thousand dollars ($1,000)] two thousand dollars ($2,000),

or both, notifying the licensee by registered letter addressed

to his licensed premises. If the licensee has been cited and

found to have violated section 493(1) insofar as it relates to

sales to minors or sales to a visibly intoxicated person,

section 493(10) insofar as it relates to lewd, immoral or

improper entertainment or section 493(14), (16) or (21), or has

been found to be a public nuisance pursuant to section 611, or

if the owner or operator of the licensed premises or any

authorized agent of the owner or operator has been convicted of

any violation of the act of April 14, 1972 (P.L.233, No.64),

known as "The Controlled Substance, Drug, Device and Cosmetic

Act," or of 18 Pa.C.S. § 5902 (relating to prostitution and

related offenses) or 6301 (relating to corruption of minors), at

or relating to the licensed premises, the administrative law

judge shall immediately suspend or revoke the license, or impose

a fine of not less than [one thousand dollars ($1,000)] two

thousand dollars ($2,000) nor more than [five thousand dollars

($5,000)] ten thousand dollars ($10,000), or both. If the

licensee has been cited for and found to be knowingly aware of

an illegal firearms transaction which occurs on the licensed

premises, the administrative law judge shall immediately revoke

the license and impose a fine of not less than two thousand

dollars ($2,000) nor more than ten thousand dollars ($10,000). 

However, if a licensee has been cited and found to have violated

section 493(1) as it relates to sales to minors or sales to a

visibly intoxicated person but at the time of the sale the

licensee was in compliance with the requirements set forth in

section 471.1 and the licensee had not sold to minors or visibly

intoxicated persons in the previous four years, then the

administrative law judge shall immediately suspend or revoke the

license, or impose a fine of not less than fifty dollars ($50)

nor more than [one thousand dollars ($1,000)] two thousand

dollars ($2,000), or both. The administrative law judge shall

notify the licensee by registered mail, addressed to the

licensed premises, of such suspension, revocation or fine. In

the event the fine is not paid within twenty days of the

adjudication, the administrative law judge shall suspend or

revoke the license, notifying the licensee by registered mail

addressed to the licensed premises. Suspensions and revocations

shall not go into effect until thirty days have elapsed from the

date of the adjudication during which time the licensee may take

an appeal as provided for in this act, except that revocations

mandated in section 481(c) shall go into effect immediately. Any

licensee whose license is revoked shall be ineligible to have a

license under this act until the expiration of three years from

the date such license was revoked. In the event a license is

revoked, no license shall be granted for the premises or

transferred to the premises in which the said license was

conducted for a period of at least one year after the date of

the revocation of the license conducted in the said premises,

except in cases where the licensee or a member of his immediate

family is not the owner of the premises, in which case the board

may, in its discretion, issue or transfer a license within the

said year. In the event the bureau or the person who was fined

or whose license was suspended or revoked shall feel aggrieved

by the adjudication of the administrative law judge, there shall

be a right to appeal to the board. The appeal shall be based

solely on the record before the administrative law judge. The

board shall only reverse the decision of the administrative law

judge if the administrative law judge committed an error of law,

abused its discretion or if its decision is not based on

substantial evidence. In the event the bureau or the person who

was fined or whose license was suspended or revoked shall feel

aggrieved by the decision of the board, there shall be a right

to appeal to the court of common pleas [in the same manner as

herein provided for appeals from refusals to grant licenses.] 

which shall affirm the board unless the board's decision is an

error of law, is an abuse of discretion or unless the board's

decision is not supported by substantial evidence. Each of the

appeals shall act as a supersedeas unless, upon sufficient cause

shown, the reviewing authority shall determine otherwise;

however, if the licensee has been cited and found to have

violated section 493(1) insofar as it relates to sales to minors

or sales to a visibly intoxicated person, section 493(10)

insofar as it relates to lewd, immoral or improper entertainment

or section 493(14), (16) or (21), or has been found to be a

public nuisance pursuant to section 611, or if the owner or

operator of the licensed premises or any authorized agent of the

owner or operator has been convicted of any violation of "The

Controlled Substance, Drug, Device and Cosmetic Act," or of 18

Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,

or if the license has been revoked under section 481(c), or if

the license is revoked because of an illegal firearm

transaction, its appeal shall not act as a supersedeas unless

the reviewing authority determines otherwise upon sufficient

cause shown. In any hearing on an application for a supersedeas

under this section, the reviewing authority may consider, in

addition to other relevant evidence, documentary evidence,

including records of the bureau, showing the prior history of

citations, fines, suspensions or revocations against the

licensee; and the reviewing authority may also consider, in

addition to other relevant evidence, evidence of any recurrence

of the unlawful activity occurring between the date of the

citation which is the subject of the appeal and the date of the

hearing. If the reviewing authority is the board, no hearing

shall be held on the application for a supersedeas; however, a

decision shall be made based on the application, answer and

documentary evidence under this subsection. If the application

for a supersedeas is for a license that has been revoked under

section 481(c), the reviewing authority shall grant the

supersedeas only if it finds that the licensee will likely

prevail on the merits. No penalty provided by this section shall

be imposed for any violations provided for in this act unless

the bureau notifies the licensee of its nature within thirty

days of the completion of the investigation.

* * *

Section 7.  The act is amended by adding a section to read:

Section 476.  Licensees Engaged in or Allowing Other

Businesses on Licensed Premises.--(a)  Unless the board approves

a request submitted by a licensee to do so, a licensee is

prohibited from conducting another business on its licensed

premises, or having an interior connection between its licensed

premises and another business operated by it or a third party.

(b)  The board may approve a request for an interior

connection to another business or the operation of another

business on licensed premises under subsection (a) in its

discretion. In determining whether to approve a request under

subsection (a), the board shall consider all relevant evidence

consistent with the provisions of this act. The board shall deny

a request under subsection (a) if the operation of the other

business on the licensed premises would be prohibited by law or

if the proposed licensed premises does not meet all the

requirements of this act and the board's regulations, exclusive

of space devoted to the other business.

(c)  All storage and sales of liquor and malt or brewed

beverages shall occur on the licensed premises unless the

licensee is authorized by another provision of this act to sell

alcohol off the licensed premises.

(d)  The board may not approve an inside passage or

communication to or with a residence other than a residence of a

licensee, its corporate officers, shareholders or manager.

(e)  If the board approves an interior connection between a

licensed business and another business, then apart from the

interior connection itself, the businesses must be separated by

a permanent partition at least four feet in height. The

partition may be a wall or any other structure, such as a

railing or shelving, which prevents patrons from traversing

between the businesses except through the approved interior

connections. Each approved interior connection may not be

greater than ten feet in width, absent another law that requires

a greater width.

(f)  Unless otherwise approved by the board, the licensed

business and the other business shall have independent outside

access for the public or independent access to a common area,

such as an interior access in an enclosed mall.

(g)  The board may only approve an interior connection under

subsection (a) to a business that sells liquid fuels, so long as

no liquid-fuels-related activity occurs on the licensed

premises.

(h)  Notwithstanding any other provisions of this section, a

licensee that wishes to become a lottery sales agent may do so

by simply notifying the board in writing of its designation. A

lottery sales agent may engage in any activity on its licensed

premises that is authorized by that designation.

(i)  The board may approve an interior connection to another

business regardless of the relative sizes of the licensed

business and the other business.

(j)  The board may not approve the operation of another

business by the licensee or a third party if doing so provides a

third party with a pecuniary interest in the licensed business

or if the other business generates more income than the licensed

business.

(k)  The board may approve an interior connection to another

business regardless of the relative sizes of the licensed

business and the other business.

(l)  For purposes of this section, "other business" or

"another business" is defined as business activity which is not

directly related to the licensed business. The term includes the

selling of foods in bulk for off-premises consumption, the

selling of unprepared foods and the selling of nonfood items

such as sold by grocery stores, convenience stores, department

stores and supermarkets. The term does not include businesses

and activity intrinsically related to the licensed business,

such as the sale of prepared foods "to go," by a restaurant or

eating place license, or the activities of a pro shop for a

licensed business located on a golf course. Activity that would

otherwise constitute "other business" or "another business" but

which generates less than one thousand dollars ($1,000) in gross

income a year shall not require board approval.

Section 8.  Nothing in this act shall be construed as

invalidating the license of an entity already licensed by the

Liquor Control Board and which already has received permission

to either conduct another business on the premises or have an

interior connection to another business, so long as the

arrangement is in conformity with the act.

Section 9.  This act shall take effect in 60 days.