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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=24126
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: June 12, 2017 11:33 AM
From: Representative Jordan A. Harris and Rep. Donna Bullock, Rep. Joanna E. McClinton
To: All House members
Subject: Amendments to the Liquor Code to create saturated nuisance markets
 
Nuisance or problem liquor establishments have an immediate and negative impact on the surrounding areas. Unlike many responsibly owned bars and taverns that provide employment and entertainment to local communities; nuisance businesses wreak havoc on the community and residents that live near them. In an effort to address the problems associated with these liquor establishments I am introducing a bill that will hold these nuisance locations accountable.
Our legislation will do the following:
  • Provide for the designation of saturated nuisance market areas
    • The LCB will be given the authority to look at the number of citations, police incidents, objection to renewals and conditional license agreements of eatery and restaurant licensees to determine if a zip code area should be deemed a saturated nuisance market location.
    • Saturated nuisance markets areas will be subject to additional conditions such as transaction scan devices and enhanced food preparation requirements.
    • Residents and community leaders would have additional input on licenses transferred in the zip code and annual unannounced inspections by the State Police Liquor Control Enforcement would be required.
    • Violations in saturated areas would be subject to enhanced penalties, fines and suspensions.
    • The PLCB would be authorized to review the status of the saturated market area every 2 renewal cycles.
  • Removing licenses out of a saturated market
    • All licenses non renewed in a saturated market would be subject to auction by the PLCB to a county requesting to be identified as a county in need (no more licenses available through normal auction process Act 39 & market value) .The Licenses would then be available for bid through the auction process.
  • Appeals of licenses that are objected for renewal by the Board would go directly to Commonwealth Court instead of Common Pleas Court.
Regardless if you live in Philadelphia, Erie or Pittsburgh our neighbors should not feel as though they are being held hostage to bad businesses with no relief in sight. This legislation will give the PLCB and the State Police Liquor Control Enforcement the tools they need to keep our neighborhoods safe. We urge you to cosponsor this legislation.