H0623B1209A06366 SFL:JMT 03/27/14 #90 A06366







Printer's No. 1209


1Amend Bill, page 1, lines 21 through 24, by striking out all
2of said lines and inserting

3Section 1. Section 461(a), (b.1)(4), (7) and (8) and (b.2)
4of the act of April 12, 1951 (P.L.90, No.21), known as the
5Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
6No.14), amended February 21, 2002 (P.L.103, No.10), November 29,
72006 (P.L.1421, No.155) and October 24, 2012 (P.L.1203, No.149),
8are amended to read:

9Amend Bill, page 3, by inserting between lines 11 and 12

10(b.1) The board may issue restaurant and eating place retail
11dispenser licenses and renew licenses issued under this
12subsection without regard to the quota restrictions set forth in
13subsection (a) for the purpose of economic development in a
14municipality under the following conditions:

15* * *

16(4) An applicant under this subsection shall be required to
17sell food and nonalcoholic beverages equal to [seventy per
18centum (70%)] fifty per centum (50%) or more of its combined
19gross sales of food and alcoholic beverages.

20* * *

21(7) An appeal of the board's decision refusing to grant or
22renew a license under this subsection shall not act as a
23supersedeas of the decision of the board if the decision is
24based, in whole or in part, on the licensee's failure to
25demonstrate that its food and nonalcoholic beverages were at
26least [seventy per centum (70%)] fifty per centum (50%) of its
27combined gross sales of food and alcoholic beverages.

28(8) A license issued under this subsection may not be
29validated or renewed unless the licensee can establish that its
30sale of food and nonalcoholic beverages during the license year
31immediately preceding application for validation or renewal is
32equal to [seventy per centum (70%)] fifty per centum (50%) or
33more of its food and alcoholic beverage sales.

34(b.2) Qualified applicants under subsection (b.1) shall
35receive a provisional license for one hundred twenty days,
36exclusive of periods of safekeeping. After ninety days from the
37date of issuance, the licensee may file an application for a

1permanent license. A license shall be issued if the licensee
2establishes that for ninety consecutive days from the date of
3initial issue its sales of food and nonalcoholic beverages is
4equal to at least [seventy per centum (70%)] fifty per centum 
5(50%) of its combined gross sales of food and alcoholic
6beverages. Licensees shall not be subject to citation by the
7Enforcement Bureau for a violation of the requirement that food
8and nonalcoholic beverages equal at least [seventy per centum
9(70%)] fifty per centum (50%) of the combined gross sales of
10food and alcoholic beverages during the provisional licensing

12* * *


See A06366 in
the context
of HB0623