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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YOUNGBLOOD, BISHOP, CALTAGIRONE, CRUZ, M. O'BRIEN AND READSHAW, JULY 18, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, JULY 18, 2011 |
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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 issuance, transfer or extension of |
18 | hotel, restaurant and club liquor licenses. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 404 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) and amended January 6, 2006 (P.L.1, No.1), |
24 | is amended to read: |
25 | Section 404. Issuance, Transfer or Extension of Hotel, |
26 | Restaurant and Club Liquor Licenses.--(a) Upon receipt of the |
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1 | application and the proper fees, and upon being satisfied of the |
2 | truth of the statements in the application that the applicant is |
3 | the only person in any manner pecuniarily interested in the |
4 | business so asked to be licensed and that no other person will |
5 | be in any manner pecuniarily interested therein during the |
6 | continuance of the license, except as hereinafter permitted, and |
7 | that the applicant is a person of good repute, that the premises |
8 | applied for meet all the requirements of this act and the |
9 | regulations of the board, that the applicant seeks a license for |
10 | a hotel, restaurant or club, as defined in this act, and that |
11 | the issuance of such license is not prohibited by any of the |
12 | provisions of this act, the board shall, in the case of a hotel |
13 | or restaurant, grant and issue to the applicant a liquor |
14 | license, and in the case of a club may, in its discretion, issue |
15 | or refuse a license: Provided, however, That in the case of any |
16 | new license or the transfer of any license to a new location or |
17 | the extension of an existing license to cover an additional area |
18 | the board may, in its discretion, grant or refuse such new |
19 | license, transfer or extension if such place proposed to be |
20 | licensed is within three hundred feet of any church, hospital, |
21 | charitable institution, school, or public playground, or if such |
22 | new license, transfer or extension is applied for a place which |
23 | is within two hundred feet of any other premises which is |
24 | licensed by the board: And provided further, That the board's |
25 | authority to refuse to grant a license because of its proximity |
26 | to a church, hospital, charitable institution, public playground |
27 | or other licensed premises shall not be applicable to license |
28 | applications submitted for public venues or performing arts |
29 | facilities: And provided further, That the board shall refuse |
30 | any application for a new license, the transfer of any license |
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1 | to a new location or the extension of an existing license to |
2 | cover an additional area if, in the board's opinion, such new |
3 | license, transfer or extension would be detrimental to the |
4 | welfare, health, peace and morals of the inhabitants of the |
5 | neighborhood within a radius of five hundred feet of the place |
6 | proposed to be licensed: And provided further, That the board |
7 | shall have the discretion to refuse a license to any person or |
8 | to any corporation, partnership or association if such person, |
9 | or any officer or director of such corporation, or any member or |
10 | partner of such partnership or association shall have been |
11 | convicted or found guilty of a felony within a period of five |
12 | years immediately preceding the date of application for the said |
13 | license. The board shall refuse any application for a new |
14 | license, the transfer of any license to a new location or the |
15 | extension of any license to cover an additional area where the |
16 | sale of liquid fuels or oil is conducted. The board may enter |
17 | into an agreement with the applicant concerning additional |
18 | restrictions on the license in question. If the board and the |
19 | applicant enter into such an agreement, such agreement shall be |
20 | binding on the applicant. Failure by the applicant to adhere to |
21 | the agreement will be sufficient cause to form the basis for a |
22 | citation under section 471 and for the nonrenewal of the license |
23 | under section 470. If the board enters into an agreement with an |
24 | applicant concerning additional restrictions, those restrictions |
25 | shall be binding on subsequent holders of the license until the |
26 | license is transferred to a new location or until the board |
27 | enters into a subsequent agreement removing those restrictions. |
28 | If the application in question involves a location previously |
29 | licensed by the board, then any restrictions imposed by the |
30 | board on the previous license at that location shall be binding |
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1 | on the applicant unless the board enters into a new agreement |
2 | rescinding those restrictions. The board may, in its discretion, |
3 | refuse an application for an economic development license under |
4 | section 461(b.1) or an application for an intermunicipal |
5 | transfer of a license if the board receives a protest from the |
6 | governing body of the receiving municipality. The receiving |
7 | municipality of an intermunicipal transfer or an economic |
8 | development license under section 461(b.1) may file a protest |
9 | against the transfer of a license into its municipality, and the |
10 | receiving municipality shall have standing in a hearing to |
11 | present testimony in support of or against the issuance or |
12 | transfer of a license. Upon any opening in any quota, an |
13 | application for a new license shall only be filed with the board |
14 | for a period of six months following said opening. |
15 | (b) If a person is seeking a transfer of a hotel, restaurant |
16 | or eating place license in a city of the first class, proof or |
17 | certification of zoning compliance for the hotel, restaurant or |
18 | eating place applying for the license transfer must be submitted |
19 | with the application. |
20 | Section 2. This act shall take effect in 60 days. |
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