PRINTER'S NO. 3653
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2225
Session of
2015
INTRODUCED BY J. HARRIS, SIMS, HARHART, COHEN AND SCHWEYER,
JUNE 28, 2016
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 28, 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
licenses and regulations; liquor, alcohol and malt and brewed
beverages, further providing for sales by liquor licensees
and restrictions and providing for granting of extended use
permit or permits in certain municipalities; and, in
disposition of moneys collected under provisions of act,
further providing for moneys paid into Liquor License Fund
and returned to municipalities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 406(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
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to read:
Section 406. Sales by Liquor Licensees; Restrictions.--(a)
* * *
(3.2) Hotel, restaurant and club liquor licenses may sell
liquor and malt or brewed beverages beginning at the time of day
as provided under this act until 4 o'clock antemeridian of the
following day upon purchase of an extended use permit from the
board at an annual fee prescribed in section 614-A of "The
Administrative Code of 1929." The board shall transfer fifty per
centum (50%) of the annual fees collected for extended use
permits to the Liquor License Fund for payment to municipalities
pursuant to section 801. The board shall transfer the remaining
fifty per centum (50%) of the annual fees collected for extended
use permits to the State Stores Fund pursuant to section 802.
* * *
Section 2. The act is amended by adding a section to read:
Section 472.6. Granting of Extended Use Permit or Permits in
Certain Municipalities.--(a) The board may issue an extended
use permit or permits to a licensee where a municipality has
granted an extended use permit for the licensed premises.
(b) The proposed licensed premises must be located within a
municipality in which the issuance of a hotel, restaurant or
club liquor license has been approved by the governing body of
the municipality for the purpose of an extended use permit or
permits.
(c) Upon request for approval of an extended use permit by
an applicant, at least one public hearing shall be held by the
municipal governing body for the purpose of receiving comments
and recommendations of interested individuals residing within
the municipality concerning the applicant's intent to acquire an
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extended use permit from the Pennsylvania Liquor Control Board.
(d) When considering whether to grant an extended use
permit, the municipal governing body shall consider whether the
licensee is in good standing and whether granting the extended
use permit would adversely affect the welfare, health, peace and
morals of the municipality or its residents.
(e) The municipal governing body must render a decision
within six months of receipt of a request for approval of an
extended use permit. The failure to render a decision by the
municipal governing body within six months shall be deemed
approval of the permit.
Section 3. Section 801(a) and (b) of the act, repealed in
part July 1, 1981 (P.L.143, No.48), are amended to read:
Section 801. Moneys Paid Into Liquor License Fund and
Returned to Municipalities.--(a) The following fees collected
by the board under the provisions of this act shall be paid into
the State Treasury through the Department of Revenue into a
special fund to be known as the "Liquor License Fund":
(1) License fees for hotel, restaurant and club liquor
licenses.
(2) License fees for retail dispensers' (malt and brewed
beverages) licenses.
(3) The portion of permit fees for extended use permits
returnable to municipalities under section 406.
(b) The moneys in the Liquor License Fund shall, on the
first days of February and August of each year, be paid by the
board to the respective municipalities in which the respective
licensed places are situated, in such amounts as represent the
aggregate license and permit fees collected from licenses and
extended use permits in such municipalities during the preceding
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period.
* * *
Section 4. This act shall take effect in 60 days.
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