1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for issuance, transfer or extension of
18hotel, restaurant and club liquor licenses.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 404 of the act of April 12, 1951 (P.L.90,
22No.21), known as the Liquor Code, reenacted and amended June 29,
231987 (P.L.32, No.14) and amended January 6, 2006 (P.L.1, No.1),
24is amended to read:

25Section 404. Issuance, Transfer or Extension of Hotel,
26Restaurant and Club Liquor Licenses.--Upon receipt of the

1application and the proper fees, and upon being satisfied of the
2truth of the statements in the application that the applicant is
3the only person in any manner pecuniarily interested in the
4business so asked to be licensed and that no other person will
5be in any manner pecuniarily interested therein during the
6continuance of the license, except as hereinafter permitted, and
7that the applicant is a person of good repute, that the premises
8applied for meet all the requirements of this act and the
9regulations of the board, that the applicant seeks a license for
10a hotel, restaurant or club, as defined in this act, and that
11the issuance of such license is not prohibited by any of the
12provisions of this act, the board shall, in the case of a hotel
13or restaurant, grant and issue to the applicant a liquor
14license, and in the case of a club may, in its discretion, issue
15or refuse a license: Provided, however, That in the case of any
16new license or the transfer of any license to a new location or
17the extension of an existing license to cover an additional area
18the board may, in its discretion, grant or refuse such new
19license, transfer or extension if such place proposed to be
20licensed is within three hundred feet of any church, hospital,
21charitable institution, school, or public playground, or if such
22new license, transfer or extension is applied for a place which
23is within two hundred feet of any other premises which is
24licensed by the board: And provided further, That the board's
25authority to refuse to grant a license because of its proximity
26to a church, hospital, charitable institution, public playground
27or other licensed premises shall not be applicable to license
28applications submitted for public venues or performing arts
29facilities: And provided further, That the board shall refuse
30any application for a new license, the transfer of any license

1to a new location or the extension of an existing license to
2cover an additional area if, in the board's opinion, such new
3license, transfer or extension would be detrimental to the
4welfare, health, peace and morals of the inhabitants of the
5neighborhood within a radius of five hundred feet of the place
6proposed to be licensed: And provided further, That the board 
7shall refuse the transfer of a license to a location where a 
8school is located: And provided further, That the board shall
9have the discretion to refuse a license to any person or to any
10corporation, partnership or association if such person, or any
11officer or director of such corporation, or any member or
12partner of such partnership or association shall have been
13convicted or found guilty of a felony within a period of five
14years immediately preceding the date of application for the said
15license. The board shall refuse any application for a new
16license, the transfer of any license to a new location or the
17extension of any license to cover an additional area where the
18sale of liquid fuels or oil is conducted. The board may enter
19into an agreement with the applicant concerning additional
20restrictions on the license in question. If the board and the
21applicant enter into such an agreement, such agreement shall be
22binding on the applicant. Failure by the applicant to adhere to
23the agreement will be sufficient cause to form the basis for a
24citation under section 471 and for the nonrenewal of the license
25under section 470. If the board enters into an agreement with an
26applicant concerning additional restrictions, those restrictions
27shall be binding on subsequent holders of the license until the
28license is transferred to a new location or until the board
29enters into a subsequent agreement removing those restrictions.
30If the application in question involves a location previously

1licensed by the board, then any restrictions imposed by the
2board on the previous license at that location shall be binding
3on the applicant unless the board enters into a new agreement
4rescinding those restrictions. The board may, in its discretion,
5refuse an application for an economic development license under
6section 461(b.1) or an application for an intermunicipal
7transfer of a license if the board receives a protest from the
8governing body of the receiving municipality. The receiving
9municipality of an intermunicipal transfer or an economic
10development license under section 461(b.1) may file a protest
11against the transfer of a license into its municipality, and the
12receiving municipality shall have standing in a hearing to
13present testimony in support of or against the issuance or
14transfer of a license. Upon any opening in any quota, an
15application for a new license shall only be filed with the board
16for a period of six months following said opening.

17Section 2. This act shall take effect in 60 days.