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| PRIOR PRINTER'S NOS. 1486, 3833 | PRINTER'S NO. 3893 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY TOEPEL, BRADFORD, CALTAGIRONE, CARROLL, COHEN, D. COSTA, DONATUCCI, FABRIZIO, FARRY, GODSHALL, GROVE, HARPER, JOSEPHS, MICCARELLI, MILLARD, MOUL, REICHLEY, STEPHENS, VEREB, VULAKOVICH AND GINGRICH, APRIL 7, 2011 |
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| AS RE-REPORTED FROM COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 30, 2012 |
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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 | further providing for definitions; and limiting number of |
18 | retail licenses to be issued in each county. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 102 of the act of April 12, 1951 (P.L.90, |
22 | No.21), known as the Liquor Code, reenacted and amended June 29, |
23 | 1987 (P.L.32, No.14), is amended by adding a definition to read: |
24 | Section 102. Definitions.--The following words or phrases, |
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1 | unless the context clearly indicates otherwise, shall have the |
2 | meanings ascribed to them in this section: |
3 | * * * |
4 | "Ski resort" shall mean a resort where downhill skiing |
5 | occurs, having a minimum of six ski trails and an elevation of |
6 | at least four hundred feet. |
7 | * * * |
8 | Section 2. Section 461(a) and (f) of the act, amended or |
9 | added December 17, 1982 (P.L.1390, No.319) and February 21, 2002 |
10 | (P.L.103, No.10), are amended to read: |
11 | Section 461. Limiting Number of Retail Licenses To Be Issued |
12 | In Each County.--(a) No additional restaurant, eating place |
13 | retail dispenser or club licenses shall be issued within a |
14 | county if the total number of restaurant and eating place retail |
15 | dispenser licenses is greater than one license for each three |
16 | thousand inhabitants in the county, except the board may issue |
17 | licenses to public venues, performing arts facilities, |
18 | continuing care retirement communities, airport restaurants, |
19 | municipal golf courses, hotels, privately-owned private golf |
20 | courses, privately-owned public golf courses, racetracks, |
21 | automobile racetracks, nonprimary pari-mutuel wagering |
22 | locations, privately-owned ski resorts and to any other entity |
23 | which this act specifically exempts from the limitations |
24 | provided in this section, and the board may issue a license to a |
25 | club situated in a borough having a population less than eight |
26 | thousand inhabitants which is located in a county of the second |
27 | class A whose application is filed on or before February 28, |
28 | 2001. The board may also issue licenses to privately-owned | <-- |
29 | public golf courses and to privately-owned ski resorts in a dry |
30 | municipality, if the following apply: |
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1 | (1) the proposed premises are located in a second class |
2 | township in a county of the fifth class; and |
3 | (2) the same entity owns both the privately-owned public |
4 | golf course and the privately-owned ski resort. In addition, the |
5 | board may issue an eating place retail dispenser license for on- |
6 | premises sales only to the owner or operator of a facility |
7 | having a minimum of a one-half mile asphalt track and having a |
8 | permanent seating capacity of at least six thousand people used |
9 | principally for holding automobile races, regardless of the |
10 | number of restaurant and eating place retail dispenser licenses |
11 | already issued in that county. When determining the number of |
12 | restaurant and eating place retail dispenser licenses issued in |
13 | a county for the purposes of this section, licenses exempted |
14 | from this limitation and club licenses shall not be considered. |
15 | Inhabitants of dry municipalities shall be considered when |
16 | determining the population in a county. Licenses shall not be |
17 | issued or transferred into municipalities where such licenses |
18 | are prohibited pursuant to local referendum in accordance with |
19 | section 472. Licenses approved for intermunicipal transfer may |
20 | not be transferred from the receiving municipality for a period |
21 | of five years after the date that the licensed premises are |
22 | operational in the receiving municipality. |
23 | * * * |
24 | (f) The provisions of subsection (a) which apply to |
25 | privately-owned public golf courses or privately-owned ski |
26 | resorts shall not apply to the owner of such course or resort |
27 | who has, within three years prior to the effective date of this |
28 | amendatory act or at any time after the effective date of this |
29 | amendatory act, sold or transferred a regularly issued license |
30 | for such course or resort. |
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1 | * * * |
2 | Section 3. This act shall take effect in 60 days. |
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