PRINTER'S NO. 1996
No. 1690 Session of 1981
INTRODUCED BY WACHOB, JUNE 23, 1981
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 23, 1981
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 the issuance of hotel, restaurant and
18 club licenses.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 404, act of April 12, 1951 (P.L.90,
22 No.21), known as the "Liquor Code," amended September 2, 1971
23 (P.L.429, No.103), is amended to read:
24 Section 404. Issuance of Hotel, Restaurant and Club Liquor
25 Licenses.--Upon receipt of the application, the proper fees and
1 bond, and upon being satisfied of the truth of the statements in
2 the application that the applicant is the only person in any
3 manner pecuniarily interested in the business so asked to be
4 licensed and that no other person will be in any manner
5 pecuniarily interested therein during the continuance of the
6 license, except as hereinafter permitted, and that the applicant
7 is a person of good repute, that the premises applied for meet
8 all the requirements of this act and the regulations of the
9 board, that the applicant seeks a license for a hotel,
10 restaurant or club, as defined in this act, and that the
11 issuance of such license is not prohibited by any of the
12 provisions of this act, the board shall, in the case of a hotel
13 or restaurant, grant and issue to the applicant a liquor
14 license, and in the case of a club may, in its discretion, issue
15 or refuse a license: Provided, however, That in the case of any
16 new license or the transfer of any license to a new location the
17 board may, in its discretion, grant or refuse such new license
18 or transfer if such place proposed to be licensed is within
19 three hundred feet of any church, hospital, charitable
20 institution, school, or public playground, or if such new
21 license or transfer is applied for a place which is within two
22 hundred feet of any other premises which is licensed by the
23 board[, or if such new license or transfer is applied for a
24 place where the principal business is the sale of liquid fuels
25 and oil]: And provided further, That the board shall refuse any
26 application for a new license or the transfer of any license to
27 a new location if, in the board's opinion, such new license or
28 transfer would be detrimental to the welfare, health, peace and
29 morals of the inhabitants of the neighborhood within a radius of
30 five hundred feet of the place proposed to be licensed: And
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1 provided further, That the board shall not issue new licenses in
2 any license district more than twice each license year,
3 effective from specific dates fixed by the board, and new
4 licenses shall not be granted, except for hotels as defined in
5 this act, unless the application therefor shall have been filed
6 at least thirty days before the effective date of the license:
7 And provided further, That nothing herein contained shall
8 prohibit the board from issuing a new license for the balance of
9 any unexpired term in any license district to any applicant in
10 such district, who shall have become eligible to hold such
11 license as the result of legislative enactment, when such
12 enactment shall have taken place during the license term of that
13 district for which application is made or within the thirty days
14 immediately preceding such term, nor shall anything herein
15 contained prohibit the board from issuing at any time a new
16 license for an airport restaurant, or municipal golf course, as
17 defined in section 461 of this act, for the balance of the
18 unexpired license term in any license district: And provided
19 further, That the board shall have the discretion to refuse a
20 license to any person or to any corporation, partnership or
21 association if such person, or any officer or director of such
22 corporation, or any member or partner of such partnership or
23 association shall have been convicted or found guilty of a
24 felony within a period of five years immediately preceding the
25 date of application for the said license.
26 Section 2. This act shall take effect in 60 days.
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