Regular Session 2015-2016 House Bill 2037 P.N. 3282

PRINTER'S NO. 3282

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2037

Session of

2015

INTRODUCED BY BULLOCK, KINSEY, MCCLINTON, THOMAS, D. COSTA,

YOUNGBLOOD, COHEN, ACOSTA AND DONATUCCI, MAY 3, 2016

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 3, 2016

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," in

preliminary provisions, further providing for definitions; in

Pennsylvania Liquor Control Board, further providing for

general powers of the board; and in licenses and regulations,

further providing for applications for hotel, restaurant and

club liquor licenses and for issuance, transfer or extension

of hotel, restaurant and club liquor licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. 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), is amended by adding a definition 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:

* * *

"Elected official" shall mean an individual elected to a

State or local office and who represents an area in which an

establishment licensed under this act is located.

* * *

Section 2. Section 207 of the act is amended by adding a

subsection to read:

Section 207. General Powers of Board.--Under this act, the

board shall have the power and its duty shall be:

* * *

(l) Notwithstanding any other provision of law, to notify

each elected official by certified letter that an application

for a license in the area that the elected official represents

has been received. The notification under this subsection must

be made within fifteen days of receipt of the application for a

license.

Section 3. Section 403(g) of the act, amended December 9,

2002 (P.L.1653, No.212), is amended to read:

Section 403. Applications for Hotel, Restaurant and Club

Liquor Licenses.--* * *

(g) Every applicant for a new license or for the transfer of

an existing license shall post, for a period of at least thirty

days beginning with the day the application is filed with the

board, in a conspicuous place on the outside of the premises or

at the proposed new location for which the license is applied, a

notice of such application. If the applicant is seeking the

transfer of a license in which the previous license has not been

renewed, or as a result of provisions of a conditional license,

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the previous licensee was required to transfer the license,

pursuant to section 404(a)(3), the applicant shall post such

notice for a period of at least forty-five days. The notice

shall indicate whether the applicant is applying for the

amusement permit required by section 493(10). The notice shall

be in such form, be of such size, and contain such provisions as

the board may require by its regulations. Proof of the posting

of such notice shall be filed with the board. The posting

requirement imposed by this subsection shall not apply to

license applications submitted for public venues.

* * *

Section 4. 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]:

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(1) 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 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.

(2) In the case of any new license or the transfer of any

license to new ownership at the same location, 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

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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.]

(3) In the case of the transfer of any license both to a new

location and to new ownership, the board may, in its discretion,

grant or refuse such transfer pursuant to the requirements set

forth in clauses (1) and (2). If a current license has not been

renewed, or as a result of provisions of a conditional license

agreement, the current licensee must transfer the license, the

license may be transferred and shall be considered a transfer to

both a new location and new ownership.

(b) 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

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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.

Section 5. This act shall take effect in 60 days.

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