THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. O'BRIEN, CLYMER, KOTIK, HENNESSEY, COHEN, DEASY, JOSEPHS, KAVULICH, READSHAW, WAGNER AND YOUNGBLOOD, MAY 10, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 10, 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 enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 211(a) 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), is amended by adding a paragraph

to read:

Section 211.  Enforcement.--(a)  There is created within the

Pennsylvania State Police a Bureau of Liquor Control Enforcement

which shall be responsible for enforcing this act and any

regulations promulgated pursuant thereto. Officers and

investigators assigned to the bureau shall have the power and

their duty shall be:

* * *

(8)  Notwithstanding the provisions of section 514, to

suspend immediately the license of any licensed premises for any

of the following reasons:

(i)  Selling or furnishing liquor, alcohol or malt or brewed

beverages to ten or more minors.

(ii)  Three or more instances of sales of liquor, alcohol or

malt or brewed beverages during prohibited hours.

(iii)  Three or more noise violations at the licensed

premises.

(iv)  Repeated noncompliance with the conditions of a

license.

(v)  Direct correlation of a homicide to the licensed

premises.

Within twenty-four hours after the suspension of a license, the

bureau shall appear before an administrative law judge to

provide evidence of the reasons for the suspension or the

suspension shall be withdrawn. No later than fourteen days after

the suspension, an administrative law judge shall conduct a

hearing on a suspension in accordance with section 514. The

provisions of this paragraph shall not affect the powers of

local enforcement authorities.

* * *

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