PRINTER'S NO. 1252
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
896
Session of
2019
INTRODUCED BY REGAN, MARTIN, YAW, MENSCH, BREWSTER, J. WARD,
SCARNATI, KEARNEY, BROWNE AND KILLION, OCTOBER 15, 2019
REFERRED TO LAW AND JUSTICE, OCTOBER 15, 2019
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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 for liquor, alcohol and malt and
brewed beverages, further providing for license auction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 470.3(a.1)(2), (h) and (k) of the act of
April 12, 1951 (P.L.90, No.21), known as the Liquor Code, are
amended and the section is amended by adding a subsection to
read:
Section 470.3. License Auction.--* * *
(a.1) * * *
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
(2) [Any licenses not sold shall be available for sale at
future auctions, provided, however, that no] No more than fifty
licenses shall be auctioned in any county per year.
* * *
(h) [The winning bidder shall pay to the board the bid amount
within two weeks. Payment] Within six months of being awarded a
license, payment shall be by cashier's check, certified check or
any other method acceptable to the board. If the winning bidder
does not pay the bid amount within [two weeks] six months, the
second highest bidder shall be awarded the right to file an
application for the license, so long as the bid amount is in
accordance with subsection (g). [The board shall hold the bid
amount in escrow until the license is approved.]
* * *
(k) A license acquired under this section may subsequently
be transferred subject to any restrictions that would otherwise
be applicable to the transfer of the license[.], unless the
license was awarded in an excess auction under subsection (l). A
license awarded in an excess auction and subsequently
transferred to a different county than the county of origination
may not be transferred from the receiving municipality for a
period of five years after the date the licensed premises are
operational.
(l) A license not receiving a bid at an initial auction
shall be eligible to be bid upon at the discretion of the board
and awarded at an excess auction as follows:
(1) the board shall hold one excess auction every calendar
year;
(2) the license shall be awarded to the highest bidder in
any county, regardless of the original location of the licensed
20190SB0896PN1252 - 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
premises. No more than one license shall be awarded per county
in an excess auction;
(3) the winning bidder may transfer the license without
regard to the restrictions under section 461(a) upon approval
from the governing body of the municipality where the license
will be transferred; and
(4) a request to transfer the winning license to a different
county shall be made in writing to the board and shall be
subject to an application fee of twenty-five thousand dollars
($25,000).
Section 2. This act shall take effect immediately.
20190SB0896PN1252 - 3 -
1
2
3
4
5
6
7
8
9
10
11