Regular Session 2021-2022 Senate Bill 1212 P.N. 1675

PRIOR PRINTER'S NO. 1627

PRINTER'S NO. 1675

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1212

Session of

2022

INTRODUCED BY PHILLIPS-HILL, REGAN, J. WARD AND STEFANO,

MAY 3, 2022

SENATOR REGAN, LAW AND JUSTICE, AS AMENDED, MAY 24, 2022

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 and liquor, alcohol and malt and

brewed beverages, further providing for renewal of licenses

and temporary provisions for licensees in armed service and

for rights of municipalities preserved.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 470(a)(1) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, amended June 5, 2020

(P.L.213, No.29), is amended to read:

Section 470. Renewal of Licenses; Temporary Provisions for

Licensees in Armed Service.--(a) (1) All applications for

validation or renewal of licenses under the provisions of this

article shall be filed at least sixty days before the expiration

date of same, along with tax clearance from the Department of

Revenue and the Department of Labor and Industry, the requisite

license and filing fees, and, except as provided under paragraph

(2), shall include an application surcharge of seven hundred

dollars ($700.00): Provided, however, That the board, in its

discretion, may accept nunc pro tunc a renewal application filed

less than sixty days before the expiration date of the license

with the required fees, upon reasonable cause shown and the

payment of an additional filing fee of one hundred dollars

($100.00) for late filing: And provided further, That except

where the failure to file a renewal application on or before the

expiration date has created a license quota vacancy after said

expiration date which has been filled by the issuance of a new

license, after such expiration date, but before the board has

received a renewal application nunc pro tunc within the time

prescribed herein the board, in its discretion, may, after

hearing, accept a renewal application filed within two years

after the expiration date of the license with the required fees

upon the payment of an additional filing fee of two hundred

fifty dollars ($250.00) for late filing. Where any such renewal

application is filed less than sixty days before the expiration

date, or subsequent to the expiration date, no license shall

issue upon the filing of the renewal application until the

matter is finally determined by the board and if an appeal is

taken from the board's action the courts shall not order the

issuance of the renewal license until final determination of the

matter by the courts. The board may enter into an agreement with

the applicant concerning additional restrictions on the license

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in question. If the board and the applicant enter into such an

agreement, such agreement shall be binding on the applicant.

Failure by the applicant to adhere to the agreement will be

sufficient cause to form the basis for a citation under section

471 and for the nonrenewal of the license under this section. A

renewal application will not be considered filed unless

accompanied by the requisite filing and license fees and any

additional filing fee required by this section. Unless the board

shall have given ten days' previous notice to the applicant of

objections to the renewal of his license, based upon violation

by the licensee or his servants, agents or employes of any of

the laws of the Commonwealth or regulations of the board

relating to the manufacture, transportation, use, storage,

importation, possession or sale of liquors, alcohol or malt or

brewed beverages, or the conduct of a licensed establishment, or

unless the applicant has by his own act become a person of ill

repute, or unless the premises do not meet the requirements of

this act or the regulations of the board, the license of a

licensee shall be renewed. Notwithstanding any other provision

of this act, a noise violation shall not be the sole basis for

objection by the board to the renewal of a license unless the

licensee has received [six] three prior adjudicated noise

citations within a twenty-four-month period.

* * *

Section 2. Section 493.1(e)(1) and (2) of the act are

amended and the subsection is amended by adding a paragraph to

read:

Section 493.1. Rights of Municipalities Preserved.--* * *

(e) (1) Notwithstanding any other provision of law to the

contrary except as provided under paragraph (3), the holder of a

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[limited winery] license under this act that is located in a

class 2A through 8 county may use or permit to be used inside or

outside of the licensed premises a loudspeaker or similar device

whereby the sound of music or other entertainment, or the

advertisement thereof, does not exceed 75 decibels beyond the

licensee's property line.

(2) The provisions of [subsection (a)] paragraph (1) shall

only apply:

(i) From ten o'clock antemeridian until [eight] nine o'clock

postmeridian on every day except Fridays and Saturdays; and

(ii) From ten o'clock antemeridian until [ten] twelve

o'clock [postmeridian] antemeridian on Fridays or Saturdays.

* * *

(4) The Bureau of Liquor Control Enforcement of the

Pennsylvania State Police shall enforce the provisions of this

subsection.

Section 3. This act shall take effect in 60 days

IMMEDIATELY.

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