1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for limiting number of retail licenses to
18be issued in each county.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 461(a) of the act of April 12, 1951
22(P.L.90, No.21), known as the Liquor Code, reenacted and amended
23June 29, 1987 (P.L.32, No.14) and amended October 24, 2012
24(P.L.1203, No.149), is amended to read:

25Section 461. Limiting Number of Retail Licenses To Be Issued

1In Each County.--(a) No additional restaurant, eating place
2retail dispenser or club licenses shall be issued within a
3county if the total number of restaurant and eating place retail
4dispenser licenses is greater than one license for each three
5thousand inhabitants in the county, except the board may issue
6licenses to public venues, performing arts facilities,
7continuing care retirement communities, airport restaurants,
8municipal golf courses, hotels, privately-owned private golf
9courses, privately-owned public golf courses, racetracks,
10automobile racetracks, nonprimary pari-mutuel wagering
11locations, privately-owned ski resorts and to any other entity
12which this act specifically exempts from the limitations
13provided in this section, and the board may issue a license to a
14club situated in a borough having a population less than eight
15thousand inhabitants which is located in a county of the second
16class A whose application is filed on or before February 28,
172001. Furthermore, the board may issue a club license to a 
18volunteer fire company regardless of the number of restaurant 
19and eating place retail dispenser licenses already issued in 
20that county<-; provided that these new club licenses may not be 
21transferred from person to person, place to place or both. In
22addition, the board may issue an eating place retail dispenser
23license for on-premises sales only to the owner or operator of a
24facility having a minimum of a one-half mile asphalt track and
25having a permanent seating capacity of at least six thousand
26people used principally for holding automobile races, regardless
27of the number of restaurant and eating place retail dispenser
28licenses already issued in that county. When determining the
29number of restaurant and eating place retail dispenser licenses
30issued in a county for the purposes of this section, licenses

1exempted from this limitation and club licenses shall not be
2considered. Inhabitants of dry municipalities shall be
3considered when determining the population in a county. Licenses
4shall not be issued or transferred into municipalities where
5such licenses are prohibited pursuant to local referendum in
6accordance with section 472. Licenses approved for
7intermunicipal transfer may not be transferred from the
8receiving municipality for a period of five years after the date
9that the licensed premises are operational in the receiving
10municipality.

11* * *

12Section 2. This act shall take effect in 60 days.