PRINTER'S NO. 611
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
566
Session of
2021
INTRODUCED BY REGAN, J. WARD, MARTIN, BOSCOLA, STEFANO, BROWNE,
YAW AND KEARNEY, APRIL 16, 2021
REFERRED TO LAW AND JUSTICE, APRIL 16, 2021
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), (i) 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) * * *
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(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.]
(i) Within six months of being awarded the license, the
bidder or its assignee shall file an application to transfer the
license. The application shall be processed in the same manner
as any other transfer application and shall be subject to the
same restrictions as any other transfer application, including
any conditional licensing agreements and county quota
restrictions under section 461. The board shall only approve the
transfer of a license under this section to a municipality,
other than the municipality it last operated in, upon approval
by the governing body of the municipality as provided under
section 461(b.3).
* * *
(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
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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
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 as provided under section 461(b.3); 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.
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