SENATE AMENDED
PRIOR PRINTER'S NOS. 257, 1120, 1161, PRINTER'S NO. 1649
1639
No. 224 Session of 1983
INTRODUCED BY O'DONNELL, WAMBACH, ALDERETTE, HALUSKA, MICOZZIE,
WOGAN, COY, KOSINSKI, STUBAN, PERZEL, VAN HORNE, PISTELLA,
FARGO, VROON, CLYMER, LAUGHLIN, MILLER, CIVERA, FREIND,
PRESTON, HARPER, MAYERNIK, JOHNSON, McINTYRE, MRKONIC,
WESTON, WIGGINS, EVANS, CARN AND LEVIN, FEBRUARY 15, 1983
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 20, 1983
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for hearings on applications for new hotel
18 and restaurant liquor licenses and the issuance of such
19 licenses and for the surrender of club licenses; and
20 requiring notices to certain municipalities.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section 402 of the act of April 12, 1951 (P.L.90,
24 No.21), known as the Liquor Code, is amended to read:
1 Section 402. License Districts; License Year; Hearings.--(a)
2 The board shall, by regulation, divide the State into convenient
3 license districts and shall hold hearings on applications for
4 licenses and renewals thereof, as it deems necessary, at a
5 convenient place or places in each of said districts, at such
6 times as it shall fix, by regulation, BUT IN NO EVENT MORE THAN <--
7 THIRTY DAYS AFTER THE DATE OF RECEIPT OF THE APPLICATION BY THE
8 BOARD, for the purpose of hearing testimony for and against
9 applications for new licenses and renewals thereof. THE BOARD <--
10 SHALL ACT UPON ALL APPLICATIONS FOR LICENSES AND RENEWALS
11 THEREOF WITHIN SIXTY DAYS AFTER THE DATE OF RECEIPT THEREOF BY
12 THE BOARD. SHOULD THE BOARD FAIL TO ACT WITHIN SUCH SIXTY-DAY
13 PERIOD, THE APPLICATION FOR LICENSE OR RENEWAL SHALL BE DEEMED
14 TO HAVE BEEN APPROVED. The board may provide for the holding of
15 such hearings by examiners learned in the law, to be appointed
16 by the Governor, who shall not be subject to the "Civil Service
17 Act." Such examiners shall make report to the board in each case
18 with their recommendations. The board shall, by regulation, fix
19 the license year for each separate district so that the
20 expiration dates shall be uniform in each of the several
21 districts but staggered as to the State.
22 (b) Where a hearing is held in the case of an application
23 for a new hotel or restaurant liquor license or an application
24 for the transfer of a hotel or restaurant liquor license or when
25 the board is considering the renewal, suspension or revocation
26 of a license after the premises have been cited as AND FOUND TO <--
27 BE a public nuisance BY A COURT OF COMPETENT JURISDICTION <--
28 pursuant to section 611, the board shall permit inhabitants of <--
29 the neighborhood within a radius of one thousand feet of the
30 place proposed to be licensed to testify at the hearings. The
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1 board and any hearing officer thereof shall give substantial
2 weight to any testimony of such inhabitants given in connection
3 with a public hearing. Decisions on applications shall conform
4 to the preponderance of the evidence presented. INHABITANTS OF <--
5 THE MUNICIPALITY WITHIN WHICH THE PREMISES IS LOCATED WHO RESIDE
6 WITHIN ONE THOUSAND FIVE HUNDRED FEET OF THE PLACE PROPOSED TO <--
7 BE LICENSED TO TESTIFY AT THE HEARING. WHEN THE PLACE PROPOSED
8 TO BE LICENSED IS LOCATED ON THE BORDER OF TWO MUNICIPALITIES,
9 THE BOARD SHALL PERMIT INHABITANTS OF THE BORDERING MUNICIPALITY
10 WHO RESIDE WITHIN FIVE HUNDRED FEET OF THE PLACE PROPOSED TO BE
11 LICENSED TO TESTIFY AT THE HEARING.
12 Section 2. Section 403(g) of the act, amended November 19,
13 1959 (P.L.1546, No.553), is amended to read:
14 Section 403. Applications for Hotel, Restaurant and Club
15 Liquor Licenses.--* * *
16 (g) Every applicant for a new license or for the transfer of
17 an existing license to another premises not then licensed shall
18 post, for a period of at least fifteen days beginning with the
19 day the application is filed with the board, in a conspicuous
20 place on the outside of the premises or at the proposed new
21 location for which the license is applied, a notice of such
22 application, in such form, of such size, and containing such
23 provisions as the board may require by its regulations.
24 Simultaneous with posting of the notice of such application, the
25 applicant shall send notice of the application to the governing
26 body of the municipality in which the premises or proposed new
27 location is located by certified mail, return receipt requested.
28 Proof of the posting of such notice and mailing of notice to the
29 municipality shall be filed with the board. Notwithstanding any
30 other provision of law, the board shall take no action on an
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1 application until at least fifteen days have elapsed from the
2 date of receipt of notice by the municipality.
3 * * *
4 Section 3. Section 404 of the act, amended September 2, 1971 <--
5 (P.L.429, No.103), is amended to read:
6 Section 404. Issuance of Hotel, Restaurant and Club Liquor
7 Licenses.--Upon receipt of the application, the proper fees and
8 bond, and upon being satisfied of the truth of the statements in
9 the application that the applicant is the only person in any
10 manner pecuniarily interested in the business so asked to be
11 licensed and that no other person will be in any manner
12 pecuniarily interested therein during the continuance of the
13 license, except as hereinafter permitted, and that the applicant
14 is a person of good repute, that the premises applied for meet
15 all the requirements of this act and the regulations of the
16 board, that the applicant seeks a license for a hotel,
17 restaurant or club, as defined in this act, and that the
18 issuance of such license is not prohibited by any of the
19 provisions of this act, the board shall, in the case of a hotel
20 or restaurant, grant and issue to the applicant a liquor
21 license, and in the case of a club may, in its discretion, issue
22 or refuse a license: Provided, however, That in the case of any
23 new license or the transfer of any license to a new location the
24 board may, in its discretion, grant or refuse such new license
25 or transfer if such place proposed to be licensed is within
26 three hundred feet of any church, hospital, charitable
27 institution, school, or public playground, or if such new
28 license or transfer is applied for a place which is within two
29 hundred feet of any other premises which is licensed by the
30 board, or if such new license or transfer is applied for a place
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1 where the principal business is the sale of liquid fuels and
2 oil: And provided further, That the board shall refuse any
3 application for a new license or the transfer of any license to
4 a new location if, in the board's opinion, such new license or
5 transfer would be detrimental to the welfare, health, peace and
6 morals of the inhabitants of the neighborhood within a radius of
7 [five hundred] one thousand feet of the place proposed to be
8 licensed: And provided further, That the board shall not issue
9 new licenses in any license district more than twice each
10 license year, effective from specific dates fixed by the board,
11 and new licenses shall not be granted, except for hotels as
12 defined in this act, unless the application therefor shall have
13 been filed at least thirty days before the effective date of the
14 license: And provided further, That nothing herein contained
15 shall prohibit the board from issuing a new license for the
16 balance of any unexpired term in any license district to any
17 applicant in such district, who shall have become eligible to
18 hold such license as the result of legislative enactment, when
19 such enactment shall have taken place during the license term of
20 that district for which application is made or within the thirty
21 days immediately preceding such term, nor shall anything herein
22 contained prohibit the board from issuing at any time a new
23 license for an airport restaurant, or municipal golf course, as
24 defined in section 461 of this act, for the balance of the
25 unexpired license term in any license district: And provided
26 further, That the board shall have the discretion to refuse a
27 license to any person or to any corporation, partnership or
28 association if such person, or any officer or director of such
29 corporation, or any member or partner of such partnership or
30 association shall have been convicted or found guilty of a
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1 felony within a period of five years immediately preceding the
2 date of application for the said license.
3 Section 4 SECTION 3. Section 471 of the act, amended January <--
4 13, 1966 (1965 P.L.1301, No.518) and repealed in part June 3,
5 1971 (P.L.118, No.6), is amended to read:
6 Section 471. Revocation and Suspension of Licenses; Fines.--
7 (a) Upon learning of any violation of this act or any laws of
8 this Commonwealth relating to liquor, alcohol or malt or brewed
9 beverages, or of any regulations of the board adopted pursuant
10 to such laws, of any violation of any laws of this Commonwealth
11 or of the United States of America relating to the tax-payment
12 of liquor or malt or brewed beverages by any licensee within the
13 scope of this article, his officers, servants, agents or
14 employes, or upon any other sufficient cause shown, the board
15 may, within one year from the date of such violation or cause
16 appearing, cite such licensee to appear before it or its
17 examiner, not less than ten nor more than sixty days from the
18 date of sending such licensee, by registered mail, a notice
19 addressed to him at his licensed premises, to show cause why
20 such license should not be suspended or revoked or a fine
21 imposed. The board shall also send a copy of the hearing notice
22 to the municipality in which the premises is located.
23 (b) Hearings on such citations shall be held in the same
24 manner as provided herein for hearings on applications for
25 license. Upon such hearing, if satisfied that any such violation
26 has occurred or for other sufficient cause, the board shall
27 immediately suspend or revoke the license, or impose a fine of
28 not less than fifty dollars ($50) nor more than one thousand
29 dollars ($1,000), notifying the licensee by registered letter
30 addressed to his licensed premises. In the event the fine is not
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1 paid within twenty days of the order the board shall suspend or
2 revoke the license, notifying the licensee by registered mail
3 addressed to his licensed premises. Suspensions and revocations
4 shall not go into effect until twenty days have elapsed from the
5 date of notice of issuance of the board's order, during which
6 time the licensee may take an appeal as provided for in this
7 act. When a license is revoked, the licensee's bond may be
8 forfeited by the board. Any licensee whose license is revoked
9 shall be ineligible to have a license under this act until the
10 expiration of three years from the date such license was
11 revoked. In the event the board shall revoke a license, no
12 license shall be granted for the premises or transferred to the
13 premises in which the said license was conducted for a period of
14 at least one year after the date of the revocation of the
15 license conducted in the said premises, except in cases where
16 the licensee or a member of his immediate family is not the
17 owner of the premises, in which case the board may, in its
18 discretion, issue or transfer a license within the said year. In
19 all such cases, the board shall file of record at least a brief
20 statement in the form of an opinion of the reasons for the
21 ruling or order. In the event the person who was fined or whose
22 license was suspended or revoked by the board shall feel
23 aggrieved by the action of the board, he shall have the right to
24 appeal to the court of quarter sessions or the county court of
25 Allegheny County in the same manner as herein provided for
26 appeals from refusals to grant licenses. Upon appeal, the court
27 so appealed to shall, in the exercise of its discretion,
28 sustain, reject, alter or modify the findings, conclusions and
29 penalties of the board, based on the findings of fact and
30 conclusions of law as found by the court. The aforesaid appeal
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1 shall act as a supersedeas unless upon sufficient cause shown
2 the court shall determine otherwise. No penalty provided by this
3 section shall be imposed by the board or any court for any
4 violations provided for in this act unless the enforcement
5 officer or the board notifies the licensee of its nature and of
6 the date of the alleged violation within ten days of the
7 completion of the investigation which in no event shall exceed
8 ninety days.
9 (c) If the violation in question is a third or subsequent
10 violation of this act or [the act of June 24, 1939 (P.L.872),
11 known as "The Penal Code,"] Title 18 of the Pennsylvania
12 Consolidated Statutes (relating to crimes and offenses),
13 occurring within a period of four years the board shall impose a
14 suspension or revocation.
15 (d) The jurisdiction of the county court of Allegheny County
16 conferred hereby shall be exclusive within the territorial
17 limits of its jurisdiction.
18 Section 5 4. Section 474 of the act, added July 20, 1968 <--
19 (P.L.429, No.201), is amended to read:
20 Section 474. Surrender of Club Licenses for Benefit of
21 Licensees.--[Whenever a club license has been returned to the
22 board for the benefit of the licensee due to the licensed
23 establishment not having been in operation for any reason
24 whatsoever for a period of time not exceeding fifteen days, the
25 license shall be held by the board for the benefit of the
26 licensee for a period of time not exceeding one year, or, upon
27 proper application to the board, for an additional year, and the
28 license shall be revoked at the termination of the period, and
29 transfer of the license shall not be permitted after the
30 termination of the period.] (a) Any club licensee whose
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1 licensed establishment is not in operation for a period of
2 fifteen consecutive days for any reason shall return its license
3 and, if a liquor license, its wholesale purchase permit card, to
4 the board not later than the expiration of the fifteen-day
5 period. The return of such license and card will not invalidate
6 the license, which will be held for the benefit of the licensee
7 and be available for its use when operations are resumed at the
8 licensed premises, or for transfer.
9 (b) Where the club license is returned because the licensee
10 no longer has a lease for the licensed premises, or removes
11 therefrom, or is dispossessed by legal process, the license will
12 be invalidated as to the premises for which issued but will not
13 be invalidated generally nor cancelled, and will be held for the
14 benefit of the licensee for transfer only.
15 (c) Where the club license and wholesale liquor purchase
16 permit card are not surrendered and returned voluntarily by the
17 licensee, enforcement officers of the board will lift and return
18 such license and card to the board.
19 (d) No club license surrendered to the board, nor any
20 renewal thereof in possession of the board, will be held for the
21 benefit of the licensee for a period exceeding one year from the
22 date of surrender, except where, in the opinion of the board,
23 circumstances beyond the control of the licensee prevent
24 reactivation. The board shall reconsider the revocation of any
25 such club license during the last five years to ascertain if
26 circumstances beyond the control of the licensee prevented
27 timely reactivation of the license. Failure of the licensee to
28 lift the license and resume operation of the licensed business
29 or to effect a transfer of the license within the one-year
30 period may be sufficient cause for revocation of the license if
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1 timely reactivation was not due to circumstances beyond the
2 control of the licensee.
3 (e) In the case of any club license which is reactivated
4 under this section, the board shall determine no sooner than
5 eighteen months after such reactivation, and no later than
6 twenty-four months after reactivation, that the club has
7 actually resumed operation and is functioning in fact as a club
8 as defined in section 102. If the board finds that the club is
9 not so functioning the license shall be immediately revoked.
10 Section 6 5. This act shall take effect in 60 days. <--
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