PRINTER'S NO. 974
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
868
Session of
2017
INTRODUCED BY KINSEY, DONATUCCI, D. COSTA, NEILSON, THOMAS,
BULLOCK, FITZGERALD, McCLINTON, RABB AND ROEBUCK,
MARCH 16, 2017
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 16, 2017
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 relating to liquor, alcohol and malt
and brewed beverages, further providing for applications for
hotel, restaurant and club liquor licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 403 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding a
subsection to read:
Section 403. Applications for Hotel, Restaurant and Club
Liquor Licenses.--* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(g.1) (1) Every licensee wishing to make substantial
changes to the licensed premises shall file a written
application with the board. Every such application shall contain
a description of the substantial changes to the licensed
premises and state such other material information, description
or plan of that part of the hotel, restaurant or club where it
is proposed to keep and sell liquor as may be required by the
regulations of the board. The descriptions, information and
plans shall show the hotel, restaurant, club and any alterations
proposed to be made thereto after the approval by the board of
the application for approval to make substantial changes to the
licensed premises.
(2) Upon receipt of the application, the board shall notify
the county and municipality in which the licensee is located.
(3) Every licensee who applies for approval to make
substantial changes to the licensed premises under paragraph (1)
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, a notice of
the application. The notice shall be in such form, be of such
size and contain such provisions as the board may require by
regulation. Proof of the posting of the notice shall be filed
with the board.
(4) The board shall conduct a hearing on any application for
approval to make substantial changes to the licensed premises
upon the request of any person with standing to testify under
paragraph (5) if the request is filed with the board within the
first fifteen days of posting of the notice of application
pursuant to paragraph (3). The board may provide for the holding
of such hearings by hearing examiners learned in the law, to be
20170HB0868PN0974 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
appointed by the Governor, who shall not be subject to the act
of August 5, 1941 (P.L.752, No.286), known as the "Civil Service
Act." The hearing examiners shall make a report to the board in
each case with their recommendations.
(5) Where a hearing is held in the case of an application
for approval to make substantial changes to the licensed
premises, the board shall permit residents residing within a
radius of five hundred feet of the premises to testify at the
hearing. The board and any hearing examiner thereof shall give
appropriate evidentiary weight to any testimony of such
residents at the hearing.
(6) If no request for a hearing is made under paragraph (4),
the board shall approve the application for approval to make
substantial changes to the licensed premises. If a request for a
hearing is made under paragraph (4), the board shall consider
the testimony from the hearing and the recommendations of any
hearing examiners in deciding whether to approve the application
to make substantial changes to the licensed premises.
(7) The board shall promulgate regulations regarding the
following:
(i) Substantial changes to a licensed premises.
(ii) The form and content of the application for approval to
make substantial changes to the licensed premises.
(iii) A fee for the application for approval to make
substantial changes to the licensed premises.
(8) This subsection shall apply only to licensees located in
a county of the first class.
(9) Nothing in this subsection shall be construed to grant
standing to residents residing within five hundred (500) feet of
a public venue or performing arts facility.
20170HB0868PN0974 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(10) For purposes of this subsection, "substantial changes
to the licensed premises" means significant changes to the
physical interior or exterior of the licensed premises or to the
business model or business type used by the licensee.
* * *
Section 2. This act shall take effect in 60 days.
20170HB0868PN0974 - 4 -
1
2
3
4
5
6