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05/21/2024 10:29 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35178
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: March 24, 2021 12:10 PM
From: Representative Marci Mustello
To: All House members
Subject: Rauwolf Liquor Licenses Fix
 
Soon, I will be introducing legislation to address what are commonly known as Rauwolf liquor licenses.
 
Currently, Section 403 of the Liquor Code provides that a license issued on a prior approval basis cannot be transferred between the time of issuance or transfer of the license and the Board’s approval of the completed alterations/construction and the licensee’s full compliance with the requirements of the Code. In essence, the Board is not permitted to transfer such a license if there is no activated premises, in order to prevent the brokering of licenses.
 
If a transfer is initiated that falls under the prohibition, an administrative hearing is held to determine if sufficient evidence exists to allow the transfer.  This delay causes harm to the buyer who is left in limbo until a decision is rendered.  Additionally, the value of the sellers license is lessened by the uncertainty of the transfer. 
 
My legislation will allow a transfer without needing to prove “impossibility” if an appropriate fee is paid to minimize license brokering.
 
Thank you in advance for consideration of my legislation. 



Introduced as HB1417