H1110B1440A01949 AJB:NLH 06/08/15 #90 A01949
AMENDMENTS TO HOUSE BILL NO. 1110
Sponsor: REPRESENTATIVE SANTARSIERO
Printer's No. 1440
Amend Bill, page 1, line 19, by inserting after "county"
and for local option
Amend Bill, page 3, by inserting between lines 12 and 13
Section 2. Section 472(a) of the act, amended February 21,
2002 (P.L.103, No.10), is amended to read:
Section 472. Local Option.--(a) In any municipality or any
part of a municipality where such municipality is split so that
each part thereof is separated by another municipality, an
election may be held, subject to subsection (c), [on the date of
the primary election immediately preceding any municipal
election, but] not oftener than once in four years, to determine
the will of the electors with respect to the granting of liquor
licenses to hotels, restaurants, resort facilities and clubs,
not oftener than once in four years, to determine the will of
the electors with respect to the granting of liquor licenses to
public venues, to performing arts facilities, to continuing care
retirement communities, to hotels located on property owned by
an accredited college or university, to privately-owned private
golf courses or to privately-owned public golf courses, not
oftener than once in four years, to determine the will of the
electors with respect to the granting of licenses to retail
dispensers of malt and brewed beverages, not oftener than once
in four years, to determine the will of the electors with
respect to granting of licenses to wholesale distributors and
importing distributors, not more than once in two years, to
determine the will of the electors with respect to the granting
of club liquor licenses or club retail dispenser licenses to
incorporated units of national veterans' organizations, not
oftener than once in two years to determine the will of the
electors with respect to the granting of special occasion
permits to qualified organizations, or not more than once in
four years, to determine the will of the electors with respect
to the establishment, operation and maintenance by the board of
Pennsylvania liquor stores, within the limits of such
municipality or part of a split municipality, under the
provisions of this act: Provided, [however, Where an election
shall have been held at the primary preceding a municipal
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election in any year, another election may be held under the
provisions of this act at the primary occurring the fourth year
after such prior election: And provided further,] That an
election on the question of establishing and operating a State
liquor store shall be initiated only in those municipalities, or
that part of a split municipality that shall have voted against
the granting of liquor licenses; and that an election on the
question of granting wholesale distributor and importing
distributor licenses shall be initiated only in those
municipalities or parts of split municipalities that shall have
at a previous election voted against the granting of dispenser's
licenses. Whenever electors equal to at least twenty-five per
centum of the highest vote cast for any office in the
municipality or part of a split municipality at the last
preceding general election shall file a petition with the county
board of elections of the county for a referendum on the
question of granting any of said classes of licenses or the
establishment of Pennsylvania liquor stores, the said county
board of elections shall cause a question to be placed on the
ballots or on the voting machine board and submitted at [the
primary immediately preceding the municipal] any election.
Separate petitions must be filed for each question to be voted
on. Said proceedings shall be in the manner and subject to the
provisions of the election laws which relate to the signing,
filing and adjudication of nomination petitions, insofar as such
provisions are applicable.
When the question is in respect to the granting of liquor
licenses, it shall be in the following form:
Do you favor the granting of liquor licenses for the
sale of liquor in......................................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to resort facilities in those municipalities that do
not already allow the retail sale of liquor, it shall be in the
following form:
Do you favor the granting of liquor licenses to resort
facilities for the sale of liquor in the...............
of....................................................?
Yes
No
When the question is in respect to the granting of restaurant
liquor licenses for use at public venues in those municipalities
that do not already allow the retail sale of liquor, it shall be
in the following form:
Do you favor the granting of liquor licenses to public
venues for the sale of liquor in the...................
of....................................................?
Yes
No
When the question is in respect to the granting of restaurant
liquor licenses for use at performing arts facilities in those
municipalities that do not already allow the retail sale of
alcohol, it shall be in the following form:
Do you favor the granting of liquor licenses to
performing arts facilities for the sale of liquor in
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the....................................................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses for hotels located on property owned by an accredited
college or university in those municipalities that do not
already allow the granting of liquor licenses, it shall be in
the following form:
Do you favor the granting of liquor licenses to hotels
on property owned by an accredited college or university
in
the....................................................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses, for privately-owned private golf courses, it shall be
in the following form:
Do you favor the granting of liquor licenses for
privately-owned private golf courses for the sale of
liquor in....................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses, for privately-owned public golf courses, it shall be
in the following form:
Do you favor the granting of liquor licenses for
privately-owned public golf courses for the sale of
liquor in....................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of liquor
licenses to continuing care retirement communities in those
municipalities that have not already approved the granting of
liquor licenses, it shall be in the following form:
Do you favor the granting of liquor licenses for
continuing care retirement communities
in...........................by........................
of....................................................?
Yes
No
When the question is in respect to the granting of licenses
to retail dispensers of malt and brewed beverages, it shall be
in the following form:
Do you favor the granting of malt and brewed beverage
retail dispenser licenses for consumption on premises
where sold in the......................................
of....................................................?
Yes
No
When the question is in respect to the granting of licenses
to wholesale distributors of malt or brewed beverages and
importing distributors, it shall be in the following form:
Do you favor the granting of malt and brewed beverage
wholesale distributor's and importing distributor's
licenses not for consumption on premises where sold in
the....................................................
of....................................................?
Yes
No
When the question is in respect to the granting of club
liquor licenses to incorporated units of national veterans'
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organizations, it shall be in the following form:
Do you favor the granting of club liquor licenses to
incorporated units of national veterans' organizations
in the.................................................
of....................................................?
Yes
No
When the question is in respect to the granting of club
retail dispenser licenses to incorporated units of national
veterans' organizations, it shall be in the following form:
Do you favor the granting of club retail dispenser
licenses to incorporated units of national veterans'
organizations in the...................................
of....................................................?
Yes
No
When the question is in respect to the granting of special
occasion permits allowing the sale of liquor by qualified
organizations in municipalities that do not already allow the
retail sale of liquor, it shall be in the following form:
Do you favor the granting of special occasion permits to
allow the sale of liquor by qualified organizations in
the....................................................
of....................................................?
Yes
No
When the question is in respect to the granting of special
occasion permits allowing the sale of malt or brewed beverages
only by qualified organizations in municipalities that do not
already allow the retail sale of malt or brewed beverages, it
shall be in the following form:
Do you favor the granting of special occasion permits to
allow the sale of malt or brewed beverages only by
qualified organizations in the.........................
of....................................................?
Yes
No
When the question is in respect to the establishment,
operation and maintenance of Pennsylvania liquor stores it shall
be in the following form:
Do you favor the establishment, operation and
maintenance of Pennsylvania liquor stores in
the....................................................
of....................................................?
Yes
No
In case of a tie vote, the status quo shall obtain. If a
majority of the voting electors on any such question vote "yes,"
then liquor licenses shall be granted by the board to hotels,
restaurants, resort facilities and clubs, or liquor licenses
shall be granted by the board to public venues, to performing
arts facilities, to continuing care retirement communities, to
hotels located on property owned by an accredited college or
university, to privately-owned private golf courses or to
privately-owned public golf courses, or malt and brewed beverage
retail dispenser licenses or wholesale distributor's and
importing distributor's license for the sale of malt or brewed
beverages shall be granted by the board, or club liquor licenses
or club retail dispenser licenses shall be granted by the board
to incorporated units of national veterans' organizations, or
special occasion permits may be issued to qualified
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organizations, or the board may establish, operate and maintain
Pennsylvania liquor stores, as the case may be, in such
municipality or part of a split municipality, as provided by
this act; but if a majority of the electors voting on any such
question vote "no," then the board shall have no power to grant
or to renew upon their expiration any licenses of the class so
voted upon in such municipality or part of a split municipality;
or if the negative vote is on the question in respect to the
establishment, operation and maintenance of Pennsylvania liquor
stores, the board shall not open and operate a Pennsylvania
liquor store in such municipality or part of a split
municipality, nor continue to operate a then existing
Pennsylvania liquor store in the municipality or part of a split
municipality for more than two years thereafter or after the
expiration of the term of the lease on the premises occupied by
such store, whichever period is less, unless and until at a
later election a majority of the voting electors vote "yes" on
such question.
* * *
Amend Bill, page 3, line 13, by striking out "2" and
inserting
3
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