A02149
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1110
Session of
2015
INTRODUCED BY SCHREIBER, CARROLL, DIAMOND, COHEN, LONGIETTI,
ROZZI, McNEILL, MOUL, PASHINSKI, GIBBONS, M. DALEY AND
TOOHIL, MAY 5, 2015
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 5, 2015
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "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
general provisions applying to both liquor and malt and
brewed beverages, further providing for limiting number of
retail licenses to be issued in each county.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 461(b.1)(4), (5), (7) and (8) and (b.2)
of the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
No.14), amended February 21, 2002 (P.L.103, No.10) and November
29, 2006 (P.L.1421, No.155), are amended to read:
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Section 461. Limiting Number of Retail Licenses To Be Issued
In Each County.--* * *
(b.1) The board may issue restaurant and eating place retail
dispenser licenses and renew licenses issued under this
subsection without regard to the quota restrictions set forth in
subsection (a) for the purpose of economic development in a
municipality under the following conditions:
* * *
(4) An applicant under this subsection shall be required to
sell food and nonalcoholic beverages equal to [seventy per
centum (70%)] fifty per centum (50%) or more of its combined
gross sales of food and alcoholic beverages.
(5) In addition to renewal and license fees provided under
existing law for the type of license issued, an applicant shall
be required to pay an initial application surcharge as follows:
(i) [Fifty thousand dollars ($50,000)] One hundred twenty-
five thousand dollars ($125,000) if the licensed premises is
located in a county of the first through fourth class.
(ii) [Twenty-five thousand dollars ($25,000)] Sixty-five
thousand dollars ($65,000) if the licensed premises is located
in a county of the fifth through eighth class.
(iii) The initial application surcharge minus a seven
hundred dollar ($700) processing fee shall be refunded to the
applicant if the board refuses to issue a provisional license
under subsection (b.2). Otherwise, the initial application
surcharge minus a seven hundred dollar ($700) processing fee
shall be credited to The State Stores Fund. The processing fee
shall be treated as an application filing fee as prescribed in
section 614-A(1)(i) of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
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* * *
(7) An appeal of the board's decision refusing to grant or
renew a license under this subsection shall not act as a
supersedeas of the decision of the board if the decision is
based, in whole or in part, on the licensee's failure to
demonstrate that its food and nonalcoholic beverages were at
least [seventy per centum (70%)] fifty per centum (50%) of its
combined gross sales of food and alcoholic beverages.
(8) A license issued under this subsection may not be
validated or renewed unless the licensee can establish that its
sale of food and nonalcoholic beverages during the license year
immediately preceding application for validation or renewal is
equal to [seventy per centum (70%)] fifty per centum (50%) or
more of its food and alcoholic beverage sales.
(b.2) Qualified applicants under subsection (b.1) shall
receive a provisional license for one hundred twenty days,
exclusive of periods of safekeeping. After ninety days from the
date of issuance, the licensee may file an application for a
permanent license. A license shall be issued if the licensee
establishes that for ninety consecutive days from the date of
initial issue its sales of food and nonalcoholic beverages is
equal to at least [seventy per centum (70%)] fifty per centum
(50%) of its combined gross sales of food and alcoholic
beverages. Licensees shall not be subject to citation by the
Enforcement Bureau for a violation of the requirement that food
and nonalcoholic beverages equal at least [seventy per centum
(70%)] fifty per centum (50%) of the combined gross sales of
food and alcoholic beverages during the provisional licensing
period.
* * *
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Section 2. This act shall take effect in 60 days.
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