PRIOR PRINTER'S NO. 255 PRINTER'S NO. 1900
No. 223 Session of 1983
INTRODUCED BY FEE, HASAY, LEHR, DUFFY, ALDERETTE AND LESCOVITZ,
FEBRUARY 14, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 11, 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 SPECIAL OCCASION PERMITS; providing for <--
18 the waiver of certain late filing fees by the board; and
19 further providing for the surrender of club licenses.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 SECTION 1. SECTION 408.4(A) OF THE ACT OF APRIL 12, 1951 <--
23 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, AMENDED JULY 11, 1980
24 (P.L.558, NO.117), IS AMENDED TO READ:
25 SECTION 408.4. SPECIAL OCCASION PERMITS.--(A) UPON
1 APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE
2 COMPANY, BONA FIDE SPORTSMEN'S CLUB IN EXISTENCE FOR AT LEAST
3 TEN YEARS OR VOLUNTEER AMBULANCE COMPANY OR ASSOCIATION AND UPON
4 PAYMENT OF A FEE OF FIFTEEN DOLLARS ($15) PER DAY, THE BOARD
5 SHALL ISSUE A SPECIAL OCCASION PERMIT GOOD FOR A PERIOD OF NOT
6 MORE THAN THREE CONSECUTIVE DAYS. SPECIAL OCCASION PERMITS MAY
7 ALSO BE ISSUED TO A MUSEUM OPERATED BY A NONPROFIT CORPORATION
8 IN A CITY OF THE THIRD CLASS OR A NONPROFIT CORPORATION ENGAGED
9 IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS FOR A PERIOD
10 OF NOT MORE THAN SIX NONCONSECUTIVE DAYS AT A FEE OF FIFTEEN
11 DOLLARS ($15) PER DAY.
12 * * *
13 Section 1 2. Section 470(a) of the act of April 12, 1951 <--
14 (P.L.90, No.21), known as the Liquor Code, amended August 1,
15 1969 (P.L.219, No.87), is amended to read:
16 Section 470. Renewal of Licenses; Temporary Provisions for
17 Licensees in Armed Service.--(a) All applications for renewal
18 of licenses under the provisions of this article shall be filed
19 with a new bond, requisite license and filing fees at least
20 sixty days before the expiration date of same: Provided,
21 however, That the board, in its discretion, may accept a renewal
22 application filed less than sixty days before the expiration
23 date of the license with the required bond and fees, upon
24 reasonable cause shown and the payment of an additional filing
25 fee of one hundred dollars ($100.00) for late filing, which
26 additional fee may be waived by the board upon showing of
27 extreme and extenuating circumstances: And provided further,
28 That except where the failure to file a renewal application or
29 before the expiration date has created a license quota vacancy
30 after said expiration date which has been filled by the issuance
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1 of a new license, after such expiration date, but before the
2 board has received a renewal application within the time
3 prescribed herein the board, in its discretion, may, after
4 hearing, accept a renewal application filed within ten months
5 after the expiration date of the license with the required bond
6 and fees upon the payment of an additional filing fee of two
7 hundred fifty dollars ($250.00) for late filing. Where any such
8 renewal application is filed less than sixty days before the
9 expiration date, or subsequent to the expiration date, no
10 license shall issue upon the filing of the renewal application
11 until the matter is finally determined by the board and if an
12 appeal is taken from the board's action the courts shall not
13 order the issuance of the renewal license until final
14 determination of the matter by the courts. A renewal application
15 will not be considered filed unless accompanied by a new bond
16 and the requisite filing and license fees and any additional
17 filing fee required by this section. Unless the board shall have
18 given ten days' previous notice to the applicant of objections
19 to the renewal of his license, based upon violation by the
20 licensee or his servants, agents or employes of any of the laws
21 of the Commonwealth or regulations of the board relating to the
22 manufacture, transportation, use, storage, importation,
23 possession or sale of liquors, alcohol or malt or brewed
24 beverages, or the conduct of a licensed establishment, or unless
25 the applicant has by his own act become a person of ill repute,
26 or unless the premises do not meet the requirements of this act
27 or the regulations of the board, the license of a licensee shall
28 be renewed.
29 * * *
30 Section 2 3. Section 474 of the act, added July 20, 1968 <--
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1 (P.L.429, No.201), is amended to read:
2 Section 474. Surrender of Club Licenses for Benefit of
3 Licensees.--[Whenever a club license has been returned to the
4 board for the benefit of the licensee due to the licensed
5 establishment not having been in operation for any reason
6 whatsoever for a period of time not exceeding fifteen days, the
7 license shall be held by the board for the benefit of the
8 licensee for a period of time not exceeding one year, or, upon
9 proper application to the board, for an additional year, and the
10 license shall be revoked at the termination of the period, and
11 transfer of the license shall not be permitted after the
12 termination of the period.]
13 (a) Any club licensee whose licensed establishment is not in
14 operation for a period of fifteen consecutive days for any
15 reason shall return its license and, if a liquor license, its
16 wholesale purchase permit card, to the board not later than the
17 expiration of the fifteen-day period. The return of such license
18 and card will not invalidate the license, which will be held for
19 the benefit of the licensee and be available for its use when
20 operations are resumed at the licensed premises, or for
21 transfer.
22 (b) Where the club license is returned because the licensee
23 no longer has a lease for the licensed premises, or removes
24 therefrom, or is dispossessed by legal process, the license will
25 be invalidated as to the premises for which issued but will not
26 be invalidated generally nor cancelled, and will be held for the
27 benefit of the licensee for transfer only.
28 (c) Where the club license and wholesale liquor purchase
29 permit card are not surrendered and returned voluntarily by the
30 licensee, enforcement officers of the board will lift and return
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1 such license and card to the board.
2 (d) No club license surrendered to the board, nor any
3 renewal thereof in possession of the board, will be held for the
4 benefit of the licensee for a period exceeding one year from the
5 date of surrender, except where, in the opinion of the board,
6 circumstances beyond the control of the licensee prevent
7 reactivation. The board shall reconsider the revocation of any
8 such club license during the period from January 1, 1977 through
9 July 1, 1983 to ascertain if circumstances beyond the control of
10 the licensee prevented timely reactivation of the license. No
11 such licensee whose license was revoked during the aforesaid
12 period shall be eligible for reconsideration after one year
13 after the effective date of this amendatory act. Failure of the
14 licensee to lift the license and resume operation of the
15 licensed business or to effect a transfer of the license within
16 the one-year period may be sufficient cause for revocation of
17 the license if timely reactivation was not due to circumstances
18 beyond the control of the licensee.
19 (e) In the case of any club license which is reactivated
20 under this section, the board shall determine no sooner than
21 eighteen months after such reactivation, and no later than
22 twenty-four months after reactivation, that the club has
23 actually resumed operation and is functioning in fact as a club
24 as defined in section 102. If the board finds that the club is
25 not so functioning, the license shall be immediately revoked.
26 Section 3 4. This act shall take effect in 60 days. <--
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