Regular Session 2017-2018 House Bill 1156 P.N. 1379

PRINTER'S NO. 1379

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1156

Session of

2017

INTRODUCED BY CEPHAS, KINSEY, BULLOCK, McCLINTON AND FITZGERALD,

APRIL 12, 2017

REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 12, 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 and liquor, alcohol and malt and

brewed beverages, further providing 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 404 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 404. Issuance, Transfer or Extension of Hotel,

Restaurant and Club Liquor Licenses.--* * *

for a premises that has been licensed by the board and the

license was not renewed or the licensee committed three or more

penalty violations during any year before the licensee's

previous renewal, the board may not grant the application unless

the licensee comes before the board to address the reasons the

penalty violations were committed and the preventative measures

the licensee will take to ensure that penalty violations will

not happen in the future. A licensee who fails to meet the

requirements under this subsection shall receive a license

suspension of thirty (30) days. After the thirty-day license

suspension period, the board shall annually investigate the

licensee for the purpose of identifying violations under this

act or board regulations until the date when the board accepts

or denies the licensee's application or the licensee withdraws

the application. As used in this subsection, the term "penalty

violation" shall mean a violation of any of the following:

(1) Section 493(1), relating to sales to minors and visibly

intoxicated individuals.

(2) Section 493(10), relating to lewd, immoral or improper

entertainment.

(3) Section 493(14), relating to permitting undesirable

persons or minors to frequent premises.

(4) Section 493(16), relating to furnishing liquor at

unlawful hours.

(5) Section 493(21), relating to refusing inspection.

(6) Section 611, relating to public nuisances.

(7) The act of April 14, 1972 (P.L.233, No.64), known as

"The Controlled Substance, Drug, Device and Cosmetic Act,"

committed by the licensee or an agent of the licensee if the

20170HB1156PN1379 - 2 -

violation occurs at the licensed premises.

(8) The provisions of 18 Pa.C.S. § 5902 (relating to

prostitution and related offenses) committed by the licensee or

an agent of the licensee if the violation occurs at the licensed

premises.

(9) The provisions of 18 Pa.C.S. § 6301 (relating to

corruption of minors) committed by the licensee or an agent of

the licensee if the violation occurs at the licensed premises.

(10) The provisions of 18 Pa.C.S. (relating to crimes and

offenses) if the violation is graded as a felony.

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

20170HB1156PN1379 - 3 -