PRINTER'S NO. 1102

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1000 Session of 1987


        INTRODUCED BY SALOOM, BELARDI, JAROLIN, MANMILLER, MANDERINO,
           LAUGHLIN, IRVIS, O'DONNELL, FEE, DOMBROWSKI, ITKIN, PETRARCA,
           COY, D. R. WRIGHT, ACOSTA, PETRONE, YANDRISEVITS, HALUSKA,
           DUFFY, WAMBACH, LaGROTTA, VAN HORNE, GAMBLE, LETTERMAN,
           COLAFELLA, VEON AND CALTAGIRONE, APRIL 7, 1987

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 7, 1987

                                     AN ACT

     1  Reenacting and amending the act of April 12, 1951 (P.L.90,
     2     No.21), entitled "An act relating to alcoholic liquors,
     3     alcohol and malt and brewed beverages; amending, revising,
     4     consolidating and changing the laws relating thereto;
     5     regulating and restricting the manufacture, purchase, sale,
     6     possession, consumption, importation, transportation,
     7     furnishing, holding in bond, holding in storage, traffic in
     8     and use of alcoholic liquors, alcohol and malt and brewed
     9     beverages and the persons engaged or employed therein;
    10     defining the powers and duties of the Pennsylvania Liquor
    11     Control Board; providing for the establishment and operation
    12     of State liquor stores, for the payment of certain license
    13     fees to the respective municipalities and townships, for the
    14     abatement of certain nuisances and, in certain cases, for
    15     search and seizure without warrant; prescribing penalties and
    16     forfeitures; providing for local option, and repealing
    17     existing laws," providing for the creation, powers and duties
    18     of the Alcoholic Beverages Commission; establishing
    19     administrative officers and units for the administration and
    20     enforcement of the act; providing for the powers and duties
    21     of the Auditor General, State Treasurer, Attorney General and
    22     Pennsylvania State Police; regulating advertising; further
    23     providing for licenses, for penalties, for funding and for
    24     disposition of moneys; and transferring personnel, property
    25     and appropriations.

    26                         TABLE OF CONTENTS
    27  ARTICLE I.  PRELIMINARY PROVISIONS.
    28     Section 101.  Short Title.

     1     Section 102.  Definitions.
     2     Section 103.  Saving Clause.
     3     Section 104.  Interpretation of Act.
     4  ARTICLE II.  ALCOHOLIC BEVERAGES COMMISSION.
     5     Section 201.  Appointment of Members; Terms; Salaries.
     6     Section 202.  Qualifications of Members.
     7     Section 203.  Chairman of Commission.
     8     Section 204.  Executive Director.
     9     Section 205.  Bonds Required of Members and Executive
    10                     Director.
    11     Section 206.  Commission Subject to Administrative Code.
    12     Section 207.  General Powers of Commission.
    13     Section 208.  Specific Subjects on Which Commission May Adopt
    14                     Regulations.
    15     Section 209.  Officers and Investigators of the Board to be
    16                     Peace Officers; Powers (Repealed).
    17     Section 210.  Restrictions on Members of the Commission and
    18                     Employes of Commonwealth.
    19     Section 211.  Enforcement.
    20     Section 212.  Office of Administrative Law Judge.
    21     Section 213.  Office of Chief Counsel.
    22     Section 214.  Bureau of Consumer Relations.
    23     Section 215.  Prohibitions.
    24     Section 216.  Management of Fees.
    25  ARTICLE III.  PENNSYLVANIA LIQUOR STORES.
    26     Section 301.  Commission to Establish State Liquor Stores.
    27     Section 302.  Selection of Personnel.
    28     Section 303.  Management of Pennsylvania Liquor Stores.
    29     Section 304.  When Sales May Be Made at Pennsylvania Liquor
    30                     Stores.
    19870H1000B1102                  - 2 -

     1     Section 305.  Sales by Pennsylvania Liquor Stores.
     2     Section 306.  Audits by Auditor General.
     3  ARTICLE IV.  LICENSES AND REGULATIONS; LIQUOR, ALCOHOL AND
     4                 MALT AND BREWED BEVERAGES.
     5         (A)  Liquor and Alcohol (Not Including Manufacturers).
     6     Section 401.  Authority to Issue Liquor Licenses to Hotels,
     7                     Restaurants and Clubs.
     8     Section 402.  License Districts; License Year; Hearings.
     9     Section 403.  Applications for Hotel, Restaurant and Club
    10                     Liquor Licenses.
    11     Section 404.  Issuance of Hotel, Restaurant and Club Liquor
    12                     Licenses.
    13     Section 405.  License Fees.
    14     Section 406.  Sales by Liquor Licensees; Restrictions.
    15     Section 406.1.Secondary Service Area.
    16     Section 407.  Sale of Malt or Brewed Beverages by Liquor
    17                     Licensees.
    18     Section 408.  Public Service Liquor Licenses.
    19     Section 408.1.Trade Show and Convention Licenses.
    20     Section 408.2.City-Owned Stadia.
    21     Section 408.3.Performing Arts Facilities.
    22     Section 408.4.Special Occasion Permits.
    23     Section 408.5.Licenses for City-owned Art Museums, Cities
    24                     First Class and Art Museums Maintained by
    25                     Certain Non-profit Corporations in Cities of
    26                     the Second Class.
    27     Section 408.6.Performing Arts Facilities in Third Class
    28                     Cities.
    29     Section 408.7.Performing Arts Facilities in First and Second
    30                     Class Cities.
    19870H1000B1102                  - 3 -

     1     Section 408.8.Trade Shows and Convention Licenses; Cities of
     2                     the Third Class.
     3     Section 408.9.Stadium and Restaurant Licenses in Third Class
     4                     Cities.
     5     Section 409.  Sacramental Wine Licenses; Fees; Privileges;
     6                     Restrictions.
     7     Section 410.  Liquor Importers' Licenses; Fees; Privileges;
     8                     Restrictions.
     9     Section 411.  Interlocking Business Prohibited.
    10         (B)  Malt and Brewed Beverages (Including Manufacturers).
    11     Section 431.  Malt and Brewed Beverages Manufacturers',
    12                     Distributors' and Importing Distributors'
    13                     Licenses.
    14     Section 432.  Malt and Brewed Beverages Retail Licenses.
    15     Section 433.  Public Service Licenses.
    16     Section 433.1.Stadium or Arena Permits.
    17     Section 434.  License Year.
    18     Section 435.  Filing of Applications for Distributors',
    19                     Importing Distributors' and Retail
    20                     Dispensers' Licenses; Filing Fee.
    21     Section 436.  Application for Distributors', Importing
    22                     Distributors' and Retail Dispensers'
    23                     Licenses.
    24     Section 437.  Prohibitions Against the Grant of Licenses.
    25     Section 438.  Number and Kinds of Licenses Allowed Same
    26                     Licensee.
    27     Section 439.  Malt or Brewed Beverage License Fees.
    28     Section 440.  Sales by Manufacturers of Malt or Brewed
    29                     Beverages; Minimum Quantities.
    30     Section 441.  Distributors' and Importing Distributors'
    19870H1000B1102                  - 4 -

     1                     Restrictions on Sales, Storage, Etc.
     2     Section 442.  Retail Dispensers' Restrictions on Purchases
     3                     and Sales.
     4     Section 443.  Interlocking Business Prohibited.
     5     Section 444.  Malt or Brewed Beverages Manufactured Outside
     6                     This Commonwealth.
     7         (C)  General Provisions Applying to Both Liquor and Malt
     8                 and Brewed Beverages.
     9     Section 461.  Limiting Number of Retail Licenses To Be Issued
    10                     In Each Municipality.
    11     Section 461.1.Incorporated Units of National Veterans'
    12                     Organizations.
    13     Section 462.  Licensed Places May Be Closed During Period of
    14                     Emergency.
    15     Section 463.  Places of Amusement Not To Be Licensed;
    16                     Penalty.
    17     Section 464.  Hearings Upon Refusal of Licenses, Renewals or
    18                     Transfers; Appeals.
    19     Section 465.  All Licensees to Furnish Bond.
    20     Section 466.  Disposition of Cash and Securities Upon
    21                     Forfeiture of Bond.
    22     Section 467.  Display of License.
    23     Section 468.  Licenses Not Assignable; Transfers.
    24     Section 469.  Applications for Transfers; Fees.
    25     Section 470.  Renewal of Licenses; Temporary Provisions for
    26                     Licensees in Armed Service.
    27     Section 470.1.Renewal of Hotel Liquor Licenses; Special
    28                     Provisions (Repealed).
    29     Section 470.2.Exchange of Hotel Liquor License; Special
    30                     Provisions (Repealed).
    19870H1000B1102                  - 5 -

     1     Section 471.  Revocation and Suspension of Licenses; Fines.
     2     Section 472.  Local Option.
     3     Section 472.1.Clubs.
     4     Section 472.2.Granting of Liquor Licenses in Certain
     5                     Municipalities.
     6     Section 472.3.Exchange of Certain Licenses.
     7     Section 473.  Public Record.
     8     Section 474.  Surrender of Club Licenses for Benefit of
     9                     Licensees.
    10     Section 475.  Establishments Proximate to Interstate Highways
    11                     Not To Be Licensed.
    12         (D)  Unlawful Acts; Penalties.
    13     Section 491.  Unlawful Acts Relative to Liquor, Alcohol and
    14                     Liquor Licensees.
    15     Section 492.  Unlawful Acts Relative to Malt or Brewed
    16                     Beverages and Licensees.
    17     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    18                     Brewed Beverages and Licensees.
    19     Section 494.  Penalties.
    20     Section 495.  Identification Cards; Licensees and State
    21                     Liquor Store Employes Saved From Prosecution.
    22     Section 496.  Reporting of Worthless Checks.
    23     Section 497.  Liability of Licensees.
    24     Section 498.  Unlawful Advertising.
    25  ARTICLE V.  DISTILLERIES, WINERIES, BONDED WAREHOUSES, BAILEES
    26                 FOR HIRE AND TRANSPORTERS FOR HIRE.
    27     Section 501.  License Required.
    28     Section 502.  Exemptions.
    29     Section 502.1.Production of Denatured Ethyl Alcohol.
    30     Section 503.  Qualifications for License.
    19870H1000B1102                  - 6 -

     1     Section 504.  Applications; Filing Fees.
     2     Section 505.  Licenses Issued.
     3     Section 505.1.Bonded Warehouse License Privilege
     4                     Restrictions.
     5     Section 505.2.Limited Wineries.
     6     Section 505.3.Distilleries.
     7     Section 506.  Bonds Required.
     8     Section 507.  Hearings on Licenses and Refusals.
     9     Section 508.  License Fees.
    10     Section 509.  License Must Be Posted; Business Hours.
    11     Section 510.  Containers To Be Labeled.
    12     Section 511.  License To Specify Each Place Authorized For
    13                     Use.
    14     Section 512.  Records To Be Kept.
    15     Section 513.  Premises and Records Subject To Inspection.
    16     Section 514.  Suspension and Revocation of Licenses.
    17     Section 515.  Appeals.
    18     Section 516.  Compromise Penalty In Lieu of Suspension.
    19     Section 517.  Expiration of Licenses; Renewals.
    20     Section 518.  Unlawful Acts.
    21     Section 519.  Penalties.
    22  ARTICLE VI.  PROPERTY ILLEGALLY POSSESSED OR USED; FORFEITURES;
    23                 NUISANCES.
    24         (A)  Forfeitures.
    25     Section 601.  Forfeiture of Property Illegally Possessed or
    26                     Used.
    27     Section 602.  Forfeiture Proceedings.
    28     Section 603.  Disposition of Forfeited Property.
    29     Section 604.  Motor Vehicle Licenses To Be Revoked.
    30     Section 605.  Application of Subdivision.
    19870H1000B1102                  - 7 -

     1         (B)  Nuisances.
     2     Section 611.  Nuisances; Actions To Enjoin.
     3  ARTICLE VII.  DEALING IN DISTILLERY BONDED WAREHOUSE
     4                  CERTIFICATES.
     5         (A)  Preliminary Provisions.
     6     Section 701.  Definitions and Interpretation.
     7         (B)  Permits.
     8     Section 702.  Unlawful to Act as a Distillery Certificate
     9                     Broker or to Buy or Sell Distillery Bonded
    10                     Warehouse Certificate Without a Permit.
    11     Section 703.  Authority to Issue Permits to Distillery
    12                     Certificate Brokers.
    13     Section 704.  Application for Permit; Filing Fee.
    14     Section 705.  Issuance of Permits.
    15     Section 706.  Office or Place of Business to be Maintained.
    16     Section 707.  Permit Fee; Permits Not Assignable or
    17                     Transferable; Display of Permit; Term of
    18                     Permit.
    19     Section 708.  Records to be Kept.
    20     Section 709.  Renewal of Permits.
    21     Section 710.  Permit Hearings; Appeals From Refusal of the
    22                     Commission to Issue or Renew Permits.
    23     Section 712.  Revocation and Suspension of Permit.
    24         (C)  Permittees' Registered Agents.
    25     Section 721.  Unlawful to Act as Agent or to Employ Agents
    26                     Without Registration.
    27     Section 722.  Registered Agents.
    28     Section 723.  Registration Fee.
    29     Section 724.  Registration and Issuance of Identification
    30                     Card.
    19870H1000B1102                  - 8 -

     1     Section 725.  Hearings Upon Refusal of the Commission;
     2                     Appeals.
     3     Section 726.  Revocation and Suspension of Agents'
     4                     Registrations.
     5     Section 727.  Identification Cards.
     6         (D)  Exemptions.
     7     Section 731.  Bank and Trust Companies and Other Persons.
     8     Section 732.  Distillers, Rectifiers and Importers.
     9     Section 733.  Certificates Owned Since July 24, 1939.
    10         (E)  Administration and Enforcement.
    11     Section 741.  Duties of the Commission.
    12         (F)  Fines and Penalties.
    13     Section 751.  Penalties.
    14  ARTICLE VIII.  DISPOSITION OF MONEYS COLLECTED UNDER PROVISIONS
    15                 OF ACT.
    16     Section 801.  Moneys Paid Into Liquor License Fund and
    17                     Returned to Municipalities.
    18     Section 802.  Moneys Paid Into The State Stores Fund for Use
    19                     of the Commonwealth.
    20     Section 803.  Alcohol Tax Moneys Paid Into General Fund.
    21  ARTICLE IX.  REPEALS.
    22     Section 901.  Acts and Parts of Acts Repealed.
    23     Section 902.  General Repeal Clause.
    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  The title of the act of April 12, 1951 (P.L.90,
    27  No.21), known as the Liquor Code, is reenacted and amended to
    28  read:
    29                               AN ACT
    30  Relating to alcoholic liquors, alcohol and malt and brewed
    19870H1000B1102                  - 9 -

     1     beverages; amending, revising, consolidating and changing the
     2     laws relating thereto; regulating and restricting the
     3     manufacture, purchase, sale, possession, consumption,
     4     importation, transportation, furnishing, holding in bond,
     5     holding in storage, traffic in and use of alcoholic liquors,
     6     alcohol and malt and brewed beverages and the persons engaged
     7     or employed therein; defining the powers and duties of the
     8     [Pennsylvania Liquor Control Board] Alcoholic Beverages
     9     Commission; providing for the establishment and operation of
    10     State liquor stores, for the payment of certain license fees
    11     to the respective municipalities and townships, for the
    12     abatement of certain nuisances and, in certain cases, for
    13     search and seizure without warrant; prescribing penalties and
    14     forfeitures; providing for local option, and repealing
    15     existing laws.
    16     Section 2.  The heading of Article I of the act is reenacted
    17  to read:
    18                             ARTICLE I.
    19                      PRELIMINARY PROVISIONS.
    20     Section 3.  Section 101 of the act is reenacted to read:
    21     Section 101.  Short Title.--This act shall be known and may
    22  be cited as the "Liquor Code."
    23     Section 4.  Section 102 of the act, amended July 10,1957
    24  (P.L.638, No.346), August 17, 1965 (P.L.346, No.182), December
    25  2, 1970 (P.L.825, No.271), October 11, 1972 (P.L.906, No.215),
    26  December 12, 1980 (P.L.1195, No.221) and May 2, 1986 (P.L.141,
    27  No.44), is reenacted and amended to read:
    28     Section 102.  Definitions.--The following words or phrases,
    29  unless the context clearly indicates otherwise, shall have the
    30  meanings ascribed to them in this section:
    19870H1000B1102                 - 10 -

     1     "Alcohol" shall mean ethyl alcohol of any degree of proof
     2  originally produced by the distillation of any fermented liquid,
     3  whether rectified or diluted with or without water, whatever may
     4  be the origin thereof, and shall include synthetic ethyl
     5  alcohol, but shall not mean or include ethyl alcohol, whether or
     6  not diluted, that has been denatured or otherwise rendered unfit
     7  for beverage purposes.
     8     "Association" shall mean a partnership, limited partnership
     9  or any form of unincorporated enterprise owned by two or more
    10  persons.
    11     ["Board" shall mean the Pennsylvania Liquor Control Board.]
    12     "Bonded warehouse" shall mean and include all places and
    13  warehouses legally established under the provisions of the acts
    14  of Congress and the administrative provisions of the internal
    15  revenue laws of the Government of the United States of America,
    16  for the storage, concentration, distribution and holding in
    17  bond, (a) of whiskey and any other potable distilled spirits,
    18  except ethyl alcohol, when used in Article VII entitled
    19  "Distillery Bonded Warehouse Certificates" and, (b) of alcohol
    20  or liquor when otherwise used.
    21     "Club" shall mean any reputable group of individuals
    22  associated together not for profit for legitimate purposes of
    23  mutual benefit, entertainment, fellowship or lawful convenience,
    24  having some primary interest and activity to which the sale of
    25  liquor or malt and brewed beverages shall be only secondary,
    26  which, if incorporated, has been in continuous existence and
    27  operation for at least one year, and if first licensed after
    28  June sixteenth, one thousand nine hundred thirty-seven, shall
    29  have been incorporated in this Commonwealth, and, if
    30  unincorporated, for at least ten years, immediately preceding
    19870H1000B1102                 - 11 -

     1  the date of its application for a license under this act, and
     2  which regularly occupies, as owner or lessee, a clubhouse or
     3  quarters for the use of its members. Continuous existence must
     4  be proven by satisfactory evidence. The [board] commission shall
     5  refuse to issue a license if it appears that the charter is not
     6  in possession of the original incorporators or their direct or
     7  legitimate successors. The club shall hold regular meetings,
     8  conduct its business through officers regularly elected, admit
     9  members by written application, investigation and ballot, and
    10  charge and collect dues from elected members, and maintain such
    11  records as the [board] commission shall from time to time
    12  prescribe, but any such club may waive or reduce in amount, or
    13  pay from its club funds, the dues of any person who was a member
    14  at the time he was inducted into the military service of the
    15  United States or was enrolled in the armed forces of the United
    16  States pursuant to any selective service act during the time of
    17  the member's actual service or enrollment. The term includes a
    18  privately-owned private golf course.
    19     "Commission" shall mean the Alcoholic Beverages Commission.
    20     "Container" shall mean and include any receptacle, vessel or
    21  form of package, tank, vat, cask, barrel, drum, keg, can, bottle
    22  or conduit used or capable of use for holding, storing,
    23  transferring or shipment of alcohol, liquor or malt or brewed
    24  beverages.
    25     "Corporation" shall mean a corporation or joint-stock
    26  association organized under the laws of this Commonwealth, the
    27  United States, or any other state, territory, or foreign country
    28  or dependency.
    29     "Denatured alcohol" shall mean and include all alcohol or any
    30  compound thereof which by the admixture of such denaturing
    19870H1000B1102                 - 12 -

     1  material or materials is rendered unfit for use as a beverage.
     2     "Denaturing plant" shall mean and include the premises of a
     3  distillery used exclusively for the denaturization of alcohol,
     4  either specially or completely, by the admixture of such
     5  denaturing materials as shall render the alcohol or any compound
     6  in which it is authorized to be used unfit for use as a
     7  beverage.
     8     "Distillery" shall mean and include any premises or plant
     9  wherein alcohol or liquor is manufactured, made and distilled
    10  from raw materials, blended or rectified, or any place wherein
    11  alcohol or liquor is produced by any method suitable for the
    12  production of alcohol. The term shall not include a "winery"
    13  where alcohol is derived from by-products of wine production by
    14  distillation for the sole purpose of adding to the fermented
    15  products to fortify the same.
    16     "Distillery Bonded Warehouse Certificate" shall mean a
    17  certificate, receipt, contract or other document given upon the
    18  storage of whiskey or any other potable distilled spirits,
    19  except ethyl alcohol, in a bonded warehouse, and evidencing the
    20  ownership of such whiskey or other potable distilled spirits.
    21     "Distillery certificate broker" shall mean and include every
    22  person who engages directly or through an agent in selling,
    23  purchasing, exchanging, offering for sale or delivery, or
    24  entering into agreements for the purchase, sale or exchange, or
    25  soliciting subscriptions to or orders for, or undertaking to
    26  dispose of, or dealing in any manner in, distillery bonded
    27  warehouse certificates.
    28     "Distributor" shall mean any person licensed by the [board]
    29  commission to engage in the purchase only from Pennsylvania
    30  manufacturers and from importing distributors and the resale of
    19870H1000B1102                 - 13 -

     1  malt or brewed beverages, except to importing distributors and
     2  distributors, in the original sealed containers as prepared for
     3  the market by the manufacturer at the place of manufacture, but
     4  not for consumption on the premises where sold, and in
     5  quantities of not  less than a case of twenty-four containers,
     6  each container holding seven fluid ounces or more, or a case of
     7  twelve containers, each container holding twenty-four fluid
     8  ounces or more, except original containers containing one
     9  hundred twenty-eight ounces or more which may be sold
    10  separately.
    11     "Eating place" shall mean a premise where food is regularly
    12  and customarily prepared and sold, having a total area of not
    13  less than three hundred square feet available to the public in
    14  one or more rooms, other than living quarters, and equipped with
    15  tables and chairs accommodating thirty persons at one time.
    16     "Enforcement bureau" shall mean the Bureau of Liquor Control
    17  Enforcement of the Pennsylvania State Police.
    18     "Golf course" shall mean a course having a minimum of nine
    19  holes and a total length of at least twenty-five hundred yards.
    20  The term includes a privately-owned private golf course.
    21     "Hotel" shall mean any reputable place operated by
    22  responsible persons of good reputation where the public may, for
    23  a consideration, obtain sleeping accommodations and meals and
    24  which, in a city, has at least ten, and in any other place at
    25  least six, permanent bedrooms for the use of guests, a public
    26  dining room or rooms operated by the same management
    27  accommodating at least thirty persons at one time, and a
    28  kitchen, apart from the public dining room or rooms, in which
    29  food is regularly prepared for the public.
    30     "Importing distributor" shall mean any person licensed by the
    19870H1000B1102                 - 14 -

     1  [board] commission to engage in the purchase from manufacturers
     2  and other persons located outside this Commonwealth and from
     3  persons licensed as manufacturers of malt or brewed beverages
     4  and importing distributors under this act, and the resale of
     5  malt or brewed beverages in the original sealed containers as
     6  prepared for the market by the manufacturer at the place of
     7  manufacture, but not for consumption on the premises where sold,
     8  and in quantities of not less than a case of twenty-four
     9  containers, each container holding seven fluid ounces or more,
    10  or a case of twelve containers, each container holding twenty-
    11  four fluid ounces or more, except original containers containing
    12  one hundred twenty-eight ounces or more which may be sold
    13  separately.
    14     "Limited Winery" shall mean a winery with a maximum output of
    15  one hundred thousand (100,000) gallons per year.
    16     "Liquor" shall mean and include any alcoholic, spirituous,
    17  vinous, fermented or other alcoholic beverage, or combination of
    18  liquors and mixed liquor a part of which is spirituous, vinous,
    19  fermented or otherwise alcoholic, including all drinks or
    20  drinkable liquids, preparations or mixtures, and reused,
    21  recovered or redistilled denatured alcohol usable or taxable for
    22  beverage purposes which contain more than one-half of one per
    23  cent of alcohol by volume, except pure ethyl alcohol and malt or
    24  brewed beverages.
    25     "Malt or Brewed Beverages" means any beer, lager beer, ale,
    26  porter or similar fermented malt beverage containing one-half of
    27  one per centum or more of alcohol by volume, by whatever name
    28  such beverage may be called.
    29     "Manufacture", when the term is applied to malt or brewed
    30  beverages, shall mean and include all means, methods and
    19870H1000B1102                 - 15 -

     1  processes used, employed and made use of, to produce, make and
     2  manufacture for commercial purposes, malt or brewed beverages
     3  from raw materials; when applied otherwise, it shall mean and
     4  include all means, methods and processes used, employed and made
     5  use of, to produce and make alcohol or liquor from raw
     6  materials, and shall mean and include rectification and blending
     7  of alcohol and liquor, the production, recovery or reuse of
     8  alcohol in the making, developing, using in the process of
     9  manufacture, denaturing, redistilling or recovering of any
    10  alcohol or liquor in distilleries, denaturing plants and
    11  wineries.
    12     "Manufacturer" shall mean any person, association or
    13  corporation engaged in the producing, manufacturing, distilling,
    14  rectifying or compounding of liquor, alcohol or malt or brewed
    15  beverages in this Commonwealth or elsewhere.
    16     "Manufacturer of malt or brewed beverages" shall mean any
    17  person holding a license issued by the [board] commission to
    18  engage in the manufacture, transportation and sale of malt or
    19  brewed beverages; also, any person engaged in the legal
    20  manufacture of malt or brewed beverages within the territorial
    21  limits of the United States, outside the Commonwealth of
    22  Pennsylvania.
    23     "Municipality" shall mean any city, borough, incorporated
    24  town, or township of this Commonwealth.
    25     "Original container" shall mean all bottles, casks, kegs or
    26  other suitable containers that have been securely capped, sealed
    27  or corked by the manufacturer  of malt or brewed beverages at
    28  the place of manufacture, with the name and address of the
    29  manufacturer of the malt or brewed beverages contained or to be
    30  contained therein permanently affixed to the bottle, cask, keg
    19870H1000B1102                 - 16 -

     1  or other container, or in the case of a bottle or can, to the
     2  cap or cork used in sealing the same or to a label securely
     3  affixed to a bottle or can.
     4     "Package" shall mean any container or containers or
     5  receptacle or receptacles used for holding liquor or alcohol as
     6  marketed by the manufacturer.
     7     "Performing arts facilities" shall mean those halls or
     8  theaters in which live musical, concert, dance, ballet and
     9  legitimate play book-length productions are performed.
    10  Performing arts facilities shall not mean those halls or
    11  theaters in which burlesque shows or reviews are performed.
    12     "Person" shall mean a natural person, association or
    13  corporation. Whenever used in a clause prescribing or imposing a
    14  fine or imprisonment or both,the term "person", as applied to
    15  "association", shall mean the partners or members thereof, and
    16  as applied to "corporation", shall mean the officers thereof,
    17  except, as to incorporated clubs, the term "person" shall mean
    18  such individual  or individuals who, under the by-laws of such
    19  club, shall have jurisdiction over the possession and sale of
    20  liquor therein.
    21     "Population" shall mean the number of inhabitants as
    22  determined by the last preceding decennial census of the United
    23  States, or by any other census subsequently taken by the census
    24  bureau of the United States and so certified by it: Provided,
    25  however, That such other census shall not be a basis for the
    26  fixing of license fees as provided in article IV. sections 405
    27  and 439.
    28     "Potable distilled spirits" shall mean and include any
    29  distillate from grains, wine, fruits, vegetables or molasses,
    30  except ethyl alcohol, capable of being used for beverage
    19870H1000B1102                 - 17 -

     1  purposes.
     2     "Regulation" shall mean any regulation prescribed by the
     3  [board] commission for carrying out the provisions of this act.
     4     "Restaurant" shall mean a reputable place operated by
     5  responsible persons of good reputation and habitually and
     6  principally used for the purpose of providing food for the
     7  public, the place to have an area within a building of not less
     8  than four hundred square feet, equipped with tables and chairs
     9  accommodating at least thirty persons at one time.
    10     "Retail dispenser" shall mean any person licensed to engage
    11  in the retail sale of malt or brewed beverages for consumption
    12  on the premises of such licensee, with the privilege of selling
    13  malt or brewed beverages in quantities not in excess of one
    14  hundred forty-four fluid ounces in a single sale to one person,
    15  to be carried from the premises by the purchaser thereof.
    16     "Sale" or "Sell" shall include any transfer of liquor,
    17  alcohol or malt or brewed beverages for a consideration.
    18     "Whiskey" shall mean and include any alcoholic distillate
    19  from a fermented mash of grain, capable of being used for
    20  beverage purposes.
    21     "Winery" shall mean and include any premises and plants where
    22  any alcohol or liquor is produced by the process by which wine
    23  is produced, or premises and plants wherein liquid such as wine
    24  is produced; and shall include the manufacture by distillation
    25  of alcohol from the by-products of wine fermentation when the
    26  alcohol so derived is used solely to fortify the fermented
    27  products, under such regulations as are or may be promulgated by
    28  the proper agency of the United States Government, and such
    29  alcohol, for that purpose only, may be sold or exchanged between
    30  wineries holding permits in this Commonwealth, without
    19870H1000B1102                 - 18 -

     1  restriction.
     2     Section 5.  Section 103 of the act is reenacted to read:
     3     Section 103.  Saving Clause.--The provisions of this act, so
     4  far as they are the same as those of existing laws, are intended
     5  as a continuation of such laws and not as new enactments. The
     6  repeal by this act of any act of Assembly or part thereof shall
     7  not revive any act or part thereof heretofore repealed or
     8  superseded. The provisions of this act shall not affect any act
     9  done, liability incurred or right accrued or vested, or affect
    10  any suit or prosecution pending or to be instituted to enforce
    11  any right or penalty or punish any offense under the authority
    12  of such repeal laws. All regulations and rules made and all
    13  licenses and permits issued pursuant to any act repealed by this
    14  act shall continue with the same force and effect as if such act
    15  had not been repealed.
    16     Section 6.  Section 104 of the act is reenacted and amended
    17  to read:
    18     Section 104.  Interpretation of Act.--(a)  This act shall be
    19  deemed an exercise of the police power of the Commonwealth for
    20  the protection of the public welfare, health, peace and morals
    21  of the people of the Commonwealth and to prohibit forever the
    22  open saloon, and all of the provisions of this act shall be
    23  liberally construed for the accomplishment of this purpose.
    24     (b)  The provisions of this act are severable and if any of
    25  its provisions shall be held unconstitutional the decision of
    26  the court shall not affect or impair any of the remaining
    27  provisions of this act. It is hereby declared to be the
    28  legislative intent that this act would have been adopted had
    29  such unconstitutional provisions not been included herein.
    30     (c)  Except as otherwise expressly provided, the purpose of
    19870H1000B1102                 - 19 -

     1  this act is to prohibit the manufacture of and transactions in
     2  liquor, alcohol and malt or brewed beverages which take place in
     3  this Commonwealth, except by and under the control of the
     4  [board] commission as herein specifically provided, and every
     5  section and provision of the act shall be construed accordingly.
     6  The provisions of this act dealing with the manufacture,
     7  importation, sale and disposition of liquor, alcohol and malt or
     8  brewed beverages within the Commonwealth through the
     9  instrumentality of the [board] commission and otherwise, provide
    10  the means by which such control shall be made effective. This
    11  act shall not be construed as forbidding, affecting or
    12  regulating any transaction which is not subject to the
    13  legislative authority of this Commonwealth.
    14     (d)  Any reference in this act to the provisions of law on
    15  any subject shall apply to statutes becoming effective after the
    16  effective date of this act as well as to those then in
    17  existence.
    18     (e)  Section headings shall not be taken to govern or limit
    19  the scope of the sections of this act. The singular shall
    20  include the plural and the masculine shall include the feminine
    21  and the neuter.
    22     Section 7.  The heading of Article II of the act is reenacted
    23  and amended to read:
    24                            ARTICLE II.
    25                [PENNSYLVANIA LIQUOR CONTROL BOARD]
    26                  ALCOHOLIC BEVERAGES COMMISSION.
    27     Section 8.  Section 201 of the act, amended November 23, 1976
    28  (P.L.1123, No.235), is reenacted and amended to read:
    29     Section 201.  Appointment of Members; Terms; Salaries.--An
    30  independent administrative [board] commission to be known as the
    19870H1000B1102                 - 20 -

     1  "[Pennsylvania Liquor Control Board] Alcoholic Beverages
     2  Commission" is hereby created. The [board] commission shall
     3  consist of three members to be appointed by the Governor by and
     4  with the advice and consent of [two-thirds] a majority of all
     5  the members of the Senate. Of the [original] members first
     6  appointed after the effective date of this amendatory act, one
     7  shall be appointed for a term of two years, one for a term of
     8  four years, and one for a term of six years [from the date of
     9  his appointment and until his successor shall have been
    10  appointed and qualified]. Thereafter, all appointments shall be
    11  for terms of six years [or until successors are appointed and
    12  qualified]. No member upon the expiration of his term shall
    13  continue to hold office until his successor shall be duly
    14  appointed or shall be qualified. Each of the members shall
    15  receive an annual salary of [twenty-four thousand dollars
    16  ($24,000)] fifty thousand dollars ($50,000), except the
    17  chairman, who shall receive an annual salary of [twenty-five
    18  thousand dollars ($25,000)] fifty-two thousand dollars
    19  ($52,000).
    20     Section 9.  Sections 202, 203, 204, 205 and 206 of the act
    21  are reenacted and amended to read:
    22     Section 202.  Qualifications of Members.--(a)  Each member of
    23  the [board] commission at the time of his appointment and
    24  qualification shall be a citizen of the United States and a
    25  resident of the Commonwealth of Pennsylvania, shall have been a
    26  qualified elector in the Commonwealth for a period of at least
    27  one year next preceding his appointment, and shall be not less
    28  than thirty years of age.
    29     (b)  No member of the [board] commission during his period of
    30  service as such shall hold any other office under the laws of
    19870H1000B1102                 - 21 -

     1  this Commonwealth or of the United States.
     2     (c)  Commission members shall devote full time to their
     3  official duties. No commission member shall hold any office or
     4  position the duties of which are incompatible with his
     5  commission duties or be engaged in any employment or vocation
     6  for which he receives any remuneration.
     7     Section 203.  Chairman of [Board] Commission.--[The board
     8  shall elect one of its members as  chairmen] (a)  The Governor
     9  shall designate one of the commission members as chairman who
    10  shall serve in that position at the pleasure of the Governor.
    11  The chairman shall, when present, preside at all meetings, and
    12  in his absence a member designated by the chairman shall
    13  preside.
    14     (b)  Two members of the [board] commission shall constitute a
    15  quorum, and any action or order  of the [board] commission shall
    16  require the approval of at least two members.
    17     Section 204.  [Secretary of Board.--The board may appoint a
    18  secretary to hold office at its pleasure. The secretary, if
    19  appointed, shall have such powers and shall perform such duties
    20  not contrary to law as the board shall prescribe, and shall
    21  receive such compensation as the board, with the approval of the
    22  Governor, shall determine. The secretary shall have power and
    23  authority to designate, from time to time, one of the clerks
    24  appointed by the board to perform the duties of the secretary
    25  during his absence and the clerk so appointed shall exercise,
    26  for the time so designated, the powers of the secretary of the
    27  board.] Executive Director.--The commission shall appoint an
    28  executive director and professional management personnel,
    29  including bureau directors, as necessary. Salaries of the
    30  executive director and professional personnel shall be set by
    19870H1000B1102                 - 22 -

     1  the commission, with the approval of the Governor. The executive
     2  director shall be responsible for managing the daily operations
     3  of the commission and shall have such powers and perform such
     4  duties not contrary to law as are necessary to implement
     5  decisions and policies made and established by vote of a
     6  majority of the commission.
     7     Section 205.  Bonds Required of Members and [Secretary]
     8  Executive Director.--Before entering upon the duties of their
     9  respective offices or positions, each member of the [board]
    10  commission and the [secretary] executive director shall execute
    11  and file with the State Treasurer a bond in such penal sum as
    12  shall be fixed by the Executive Board of this Commonwealth upon
    13  recommendation of the Governor, but the amount of any such bond
    14  shall not be less than ten thousand dollars ($10,000). Bonds in
    15  such penal sums as shall be fixed by the Executive Board
    16  likewise shall be executed and filed with the State Treasurer by
    17  such employes of the [Pennsylvania Liquor Control Board]
    18  commission as the head of such [board] commission shall, with
    19  the approval of the Executive Board, prescribe. Such bonds shall
    20  be payable to the Commonwealth of Pennsylvania and shall be
    21  conditioned for the faithful performance of the members',
    22  [secretary's] executive director's or employes' duties imposed
    23  by law or by lawful authority and that the person bonded will
    24  not knowingly violate the provisions of this act. All bonds
    25  required to be given under this section shall, before being
    26  accepted by the State Treasurer, be approved by the [Department
    27  of Justice] Attorney General, and unless the Commonwealth shall
    28  establish its own indemnity fund, all such bonds shall be given
    29  with security approved by the [Department of Justice] Attorney
    30  General. If the Commonwealth shall establish its own indemnity
    19870H1000B1102                 - 23 -

     1  fund, the Executive Board may, nevertheless, require any bond
     2  given hereunder to be executed by a surety or sureties
     3  satisfactory to the [Department of Justice] Attorney General.
     4  The cost of such bonds required to be executed by a surety or
     5  sureties shall be borne by the [board] commission as part of its
     6  operating expense.
     7     Section 206.  [Board] Commission Subject to Administrative
     8  Code.--Except as otherwise expressly provided by law, the
     9  [board] commission shall be subject to all the provisions of The
    10  Administrative Code of one thousand nine hundred twenty-nine, as
    11  amended, which apply generally to independent administrative
    12  boards and commissions.
    13     Section 10.  Section 207 of the act, amended May 25, 1956
    14  (1955 P.L.1743,No.583), January 13, 1966 (1965 P.L.1301,
    15  No.518), June 17, 1971 (P.L.180, No.22) and July 27, 1973
    16  (P.L.247, No.70), is reenacted and amended to read:
    17     Section 207.  General Powers of [Board] Commission.--Under
    18  this act, the [board] commission shall have the power and its
    19  duty shall be:
    20     (a)  To buy, import or have in its possession for sale, and
    21  sell liquor and alcohol in the manner set forth in this act:
    22  Provided, however, That all purchases shall be made subject to
    23  the approval of the State Treasurer, or his designated deputy.
    24  The commission shall buy liquor and alcohol at the lowest price
    25  and in the greatest variety reasonably obtainable.
    26     (b)  To control the manufacture, possession, sale,
    27  consumption, importation, use, storage, transportation and
    28  delivery of liquor, alcohol and malt or brewed beverages in
    29  accordance with the provisions of this act, and to fix the
    30  wholesale and retail prices at which liquors and alcohol shall
    19870H1000B1102                 - 24 -

     1  be sold at Pennsylvania Liquor Stores[: Provided, That in fixing
     2  the sale prices, the board shall not give any preference or make
     3  any discrimination as to classes, brands or otherwise, except to
     4  the extent and for the length of time necessary to sell such
     5  classes or brands in compliance with any Federal action freezing
     6  or otherwise controlling the price of said classes or brands, or
     7  except where special sales are deemed necessary to move
     8  unsaleable merchandise, or except where the addition of a
     9  service or handling charge to the fixed sales price of any
    10  merchandise in the same comparable price bracket, regardless of
    11  class, brand or otherwise, is, in the opinion of the board,
    12  required for the efficient operation of the State store system].
    13  Prices shall be proportional with prices paid by the commission
    14  to its suppliers and shall reflect any advantage obtained
    15  through volume purchases by the commission. The [board]
    16  commission shall require each Pennsylvania manufacturer and each
    17  nonresident manufacturer of liquors, other than wine, selling
    18  such liquors to the [board] commission, which are not
    19  manufactured in this Commonwealth, to make application for and
    20  be granted a permit by the [board] commission before such
    21  liquors not manufactured in this Commonwealth shall be purchased
    22  from such manufacturer. Each such manufacturer shall pay for
    23  such permit a fee which, in the case of a manufacturer of this
    24  Commonwealth, shall be equal to that required to be paid, if
    25  any, by a manufacturer or wholesaler of the state, territory or
    26  country of origin of the liquors, for selling liquors
    27  manufactured in Pennsylvania, and in the case of a nonresident
    28  manufacturer, shall be equal to that required to be paid, if
    29  any, in such state, territory or country by Pennsylvania
    30  manufacturers doing business in such state, territory or
    19870H1000B1102                 - 25 -

     1  country. In the event that any such manufacturer shall, in the
     2  opinion of the [board] commission, sell or attempt to sell
     3  liquors to the [board] commission through another person for the
     4  purpose of evading this provision relating to permits, the
     5  [board] commission shall require such person, before purchasing
     6  liquors from him or it, to take out a permit and pay the same
     7  fee as hereinbefore required to be paid by such manufacturer.
     8  All permit fees so collected shall be paid into The State Stores
     9  Fund. The [board] commission shall not purchase any alcohol or
    10  liquor fermented, distilled, rectified, compounded or bottled in
    11  any state, territory or country, the laws of which result in
    12  prohibiting the importation therein of alcohol or liquor,
    13  fermented, distilled, rectified, compounded or bottled in
    14  Pennsylvania.
    15     (c)  To determine the municipalities within which
    16  Pennsylvania Liquor Stores shall be established and the
    17  locations of the stores within such municipalities.
    18     (d)  To grant and issue all licenses and to grant, issue,
    19  suspend and revoke all [licenses and] permits authorized to be
    20  issued under this act and the regulations of the [board and
    21  impose fines on licensees licensed under this act] commission.
    22     (e)  Through the Department of [Property and Supplies]
    23  General Services as agent, to lease and furnish and equip such
    24  buildings, rooms and other accommodations as shall be required
    25  for the operation of this act.
    26     (f)  To appoint, fix the compensation and define the powers
    27  and duties of such managers, officers, inspectors, [examiners,]
    28  clerks and other employes as shall be required for the operation
    29  of this act, subject to the provisions of The Administrative
    30  Code of 1929 and the Civil Service Act.
    19870H1000B1102                 - 26 -

     1     (g)  To determine the nature, form and capacity of all
     2  packages and original containers to be used for containing
     3  liquor, alcohol or malt or brewed beverages.
     4     (h)  Without in any way limiting or being limited by the
     5  foregoing, to do all such things and perform all such acts as
     6  are deemed necessary or advisable for the purpose of carrying
     7  into effect the provisions of this act and the regulations made
     8  thereunder.
     9     (i)  From time to time, to make such regulations not
    10  inconsistent with this act as it may deem necessary for the
    11  efficient administration of this act. The [board] commission
    12  shall cause such regulations to be published and disseminated
    13  throughout the Commonwealth in such manner as it shall deem
    14  necessary and advisable or as may be provided by law. Such
    15  regulations adopted by the [board] commission shall have the
    16  same force as if they formed a part of this act.
    17     (j)  [To investigate, whenever any person complains, or when
    18  the board is aware that there is reasonable grounds to believe
    19  liquor or malt or brewed beverage is being sold on premises not
    20  licensed under the provisions of this act. If the investigation
    21  produces evidence of the unlawful sale of liquor or malt or
    22  brewed beverage or of any other violation of the provisions of
    23  this act, the board shall cause the prosecution of the person or
    24  persons believed to have been criminally liable for the unlawful
    25  acts. Any equipment or appurtenances actually used in the
    26  commission of the unlawful acts may be confiscated upon
    27  direction of the board. The confiscation by or under the
    28  direction of the board shall not, in any manner, divest or
    29  impair the rights or interest of any bona fide lien holder in
    30  the equipment or appurtenances, who had no knowledge that the
    19870H1000B1102                 - 27 -

     1  same was being used in violation of this act.] By regulation, to
     2  provide for the use of a computerized referral system to assist
     3  consumers in locating special items at Pennsylvania Liquor
     4  Stores; for the use of electronic transfer of funds for the
     5  purchase of liquor and alcohol at Pennsylvania Liquor Stores;
     6  and for the use of credit cards, by licensees only, for volume
     7  purchases.
     8     Section 11.  Section 208 of the act, amended July 22, 1970
     9  (P.L.539, No.182) and October 11, 1972 (P.L.906, No.215), is
    10  reenacted and amended to read:
    11     Section 208.  Specific Subjects on Which [Board] Commission
    12  May Adopt Regulations.--Subject to the provisions of this act
    13  and without limiting the general power conferred by the
    14  preceding section, the [board] commission may make regulations
    15  regarding:
    16     (a)  The equipment and management of Pennsylvania Liquor
    17  Stores and warehouses in which liquor and alcohol are kept or
    18  sold, and the books and records to be kept therein.
    19     (b)  The duties and conduct of the officers and employes of
    20  the [board] commission.
    21     (c)  The purchase, as provided in this act, of liquor and
    22  alcohol, and its supply to Pennsylvania Liquor Stores.
    23     (d)  The classes, varieties and brands of liquor and alcohol
    24  to be kept and sold in Pennsylvania Liquor Stores. In making
    25  this determination the [board] commission shall meet not less
    26  than twice a year.
    27     (e)  The issuing and distribution of price lists for the
    28  various classes, varieties or brands of liquor and alcohol kept
    29  for sale by the [board] commission under this act.
    30     (f)  The labeling of liquor and alcohol sold under this act
    19870H1000B1102                 - 28 -

     1  and of liquor and alcohol lawfully acquired by any person prior
     2  to January first, one thousand nine hundred thirty-four.
     3     (g)  Forms to be used for the purposes of this act.
     4     (h)  The issuance of licenses and permits and the conduct,
     5  management, sanitation and equipment of places licensed or
     6  included in permits.
     7     (i)  The place and manner of depositing the receipts of
     8  Pennsylvania Liquor Stores and the transmission of balances to
     9  the Treasury Department through the Department of Revenue.
    10     (j)  The solicitation by resident or nonresident vendors of
    11  liquor from Pennsylvania licensees and other persons of orders
    12  for liquor to be sold through the Pennsylvania Liquor Stores
    13  and, in the case of nonresident vendors, the collection
    14  therefrom of license fees for such privilege at the same rate as
    15  provided herein for importers' licenses.
    16     Section 12.  Section 209 of the act is repealed.
    17     Section 13.  Section 210 of the act is reenacted and amended
    18  to read:
    19     Section 210.  Restrictions on Members of the [Board]
    20  Commission and Employes of Commonwealth.--(a)  A member or
    21  employe of the [board] commission shall not be directly or
    22  indirectly interested or engaged in any other business or
    23  undertaking dealing in liquor, alcohol, or malt or brewed
    24  beverages, whether as owner, part owner, partner, member of
    25  syndicate, shareholder, agent or employe, and whether for his
    26  own benefit or in a fiduciary capacity for some other person.
    27     (b)  No member or employe of the [board] commission nor any
    28  employe of the Commonwealth shall solicit or receive, directly
    29  or indirectly, any commission, remuneration or gift whatsoever,
    30  from any person having sold, selling or offering liquor or
    19870H1000B1102                 - 29 -

     1  alcohol for sale to the [board] commission for use in
     2  Pennsylvania Liquor Stores.
     3     Section 14.  The act is amended by adding sections to read:
     4     Section 211.  Enforcement.--(a)  There is created within the
     5  Pennsylvania State Police a Bureau of Liquor Control Enforcement
     6  which shall be responsible for enforcing this act and any
     7  regulations promulgated pursuant thereto. Officers and
     8  investigators assigned to the bureau shall have the power and
     9  their duty shall be:
    10     (1)  To investigate whenever there are reasonable grounds to
    11  believe liquor, alcohol or malt or brewed beverages is being
    12  sold on premises not licensed under the provisions of this act.
    13  If the investigation produces evidence of the unlawful sale of
    14  liquor or malt or brewed beverages or any other violation of the
    15  provisions of this act, the officer involved in the
    16  investigation shall institute criminal proceedings against the
    17  person or persons believed to have been criminally liable, as
    18  otherwise provided by law or rule of court.
    19     (2)  To arrest on view, except in private homes, without
    20  warrant, any person actually engaged in the unlawful sale,
    21  importation, manufacture or transportation or having unlawful
    22  possession of liquor, alcohol or malt or brewed beverages
    23  contrary to the provisions of this act or any other law of this
    24  Commonwealth.
    25     (3)  Upon reasonable and probable cause, to search for and to
    26  seize, without warrant or process, except in private homes, any
    27  liquor, alcohol or malt or brewed beverages unlawfully
    28  possessed, manufactured, sold, imported or transported and any
    29  stills, equipment, materials, utensils, vehicles, boats,
    30  vessels, animals, aircraft, or any of them, which are or have
    19870H1000B1102                 - 30 -

     1  been used in the unlawful manufacture, sale, importation or
     2  transportation of the same, such liquor, alcohol, malt or brewed
     3  beverages, stills, equipment, materials, utensils, vehicles,
     4  boards, vessels, animals or aircraft so seized shall be disposed
     5  of as hereinafter provided.
     6     (4)  To investigate and issue citations for any violations of
     7  this act or any laws of this Commonwealth relating to liquor,
     8  alcohol or malt or brewed beverages, or any regulations of the
     9  commission adopted pursuant to such laws or any violation of any
    10  laws of this Commonwealth or of the Federal Government, relating
    11  to the payment of taxes on liquor, alcohol or malt or brewed
    12  beverages by any licensee, his officers, servants, agents or
    13  employes.
    14     (b)  Any equipment or appurtenance actually used in the
    15  commission of the unlawful acts may be confiscated. The
    16  confiscation shall not, in any manner, divest or impair the
    17  rights or interest of any bona fide lienholder in the equipment
    18  or appurtenance.
    19     Section 212.  Office of Administrative Law Judge.--(a)  There
    20  is hereby created within the commission an autonomous office to
    21  be known as the Office of Administrative Law Judge.
    22     (b)  The commission shall appoint a chief administrative law
    23  judge and as many administrative law judges as the commission,
    24  with the approval of the Governor, deems necessary for the
    25  holding of hearings required or permitted under this act.
    26     (c)  Administrative law judges shall preside at all
    27  licensing, citation and other enforcement hearings required or
    28  permitted under this act.
    29     (d)  Administrative law judges appointed under this section
    30  shall be learned in the law and shall be members in good
    19870H1000B1102                 - 31 -

     1  standing of the bar of the Supreme Court of Pennsylvania.
     2     (e)  Administrative law judges appointed under this section
     3  shall be afforded employment security as provided by the act of
     4  August 5, 1941 (P.L.752, No.286), known as the "Civil Service
     5  Act."
     6     (f)  Compensation for the administrative law judges shall be
     7  established by the commission with the approval of the Governor.
     8     (g)  Administrative law judges shall devote full time to
     9  their official duties and shall perform no duties inconsistent
    10  with their duties and responsibilities as administrative law
    11  judges.
    12     Section 213.  Office of Chief Counsel.--The commission shall
    13  establish an Office of Chief Counsel which shall provide legal
    14  advice on matters coming before the commission and shall
    15  represent the enforcement bureau in all enforcement proceedings
    16  brought before the Office of Administrative Law Judge. The
    17  salary of the chief counsel and the number and salaries of any
    18  deputy counsels employed by the Office of Chief Counsel shall be
    19  set by the commission with the approval of the Governor.
    20     Section 214.  Bureau of Consumer Relations.--The commission
    21  shall establish a Bureau of Consumer Relations which shall be
    22  responsible for handling all consumer complaints and
    23  suggestions. The bureau shall develop a system-wide program for
    24  investigating all complaints and suggestions and implementing
    25  improvements into the State Store system.
    26     Section 215.  Prohibitions.--(a)  The commission may not make
    27  a contract or otherwise do business with a corporation, vendor
    28  or service contractor that has not complied with the regulatory
    29  and statutory requirements of any other administrative agency.
    30     (b)  The commission may not make a contract or otherwise do
    19870H1000B1102                 - 32 -

     1  business with a transportation carrier for hire of liquor, wine
     2  or malt or brewed beverages which (carrier) has not obtained the
     3  proper permits from the Pennsylvania Public Utility Commission
     4  under 66 Pa.C.S. Ch. 25 (relating to contract carrier by motor
     5  vehicle and broker).
     6     Section 216.  Management of Fees.--The commission shall
     7  develop a fee-management system to identify actual commission
     8  costs related to each fee that it administers. This system shall
     9  be developed in cooperation with the Pennsylvania State Police
    10  and shall include all allocated enforcement costs of the
    11  enforcement bureau.
    12     Section 15.  The heading of Article III of the act is
    13  reenacted to read:
    14                            ARTICLE III.
    15                    PENNSYLVANIA LIQUOR STORES.
    16     Section 16.  Section 301 of the act, amended July 9, 1976
    17  (P.L.527, No.125), is reenacted and amended to read:
    18     Section 301.  [Board] Commission to Establish State Liquor
    19  Stores.--(a)  The [board] commission shall establish, operate
    20  and maintain at such places throughout the Commonwealth as it
    21  shall deem essential and advisable, stores to be known as
    22  "Pennsylvania Liquor Stores," for the sale of liquor and alcohol
    23  in accordance with the provisions of and the regulations made
    24  under this act; except that no store not so already located
    25  shall be located within three hundred feet of any elementary or
    26  secondary school, nor within a dry municipality without there
    27  first having been a referendum approving such location. When the
    28  [board] commission shall have determined upon the location of a
    29  liquor store in any municipality, it shall give notice of such
    30  location by public advertisement in two newspapers of general
    19870H1000B1102                 - 33 -

     1  circulation. In cities of the first class, the location shall
     2  also be posted for a period of at least fifteen days following
     3  its determination by the [board] commission as required in
     4  section 403(g) of this act. The notice shall be posted in a
     5  conspicuous place on the outside of the premises in which the
     6  proposed store is to operate or, in the event that a new
     7  structure is to be built in a similarly visible location. If,
     8  within five days after the appearance of such advertisement, or
     9  of the last day upon which the notice was posted, fifteen or
    10  more taxpayers residing within a quarter of a mile of such
    11  location, or the City Solicitor of the city of the first class,
    12  shall file a protest with the court of common pleas of the
    13  county averring that the location is objectionable because of
    14  its proximity to a church, a school, or to private residences,
    15  the court shall forthwith hold a hearing affording an
    16  opportunity to the protestants and to the [board] commission to
    17  present evidence. The court shall render its decision
    18  immediately upon the conclusion of the testimony and from the
    19  decision there shall be no appeal. If the court shall determine
    20  that the proposed location is undesirable for the reasons set
    21  forth in the protest, the [board] commission shall abandon it
    22  and find another location. The [board] commission may establish,
    23  operate and maintain such establishments for storing and testing
    24  liquors as it shall deem expedient to carry out its powers and
    25  duties under this act.
    26     (b)  The [board] commission may lease the necessary premises
    27  for such stores or establishments, but all such leases shall be
    28  made through the Department of General Services as agent of the
    29  [board] commission. The [board] commission, through the
    30  Department of General Services, shall have authority to purchase
    19870H1000B1102                 - 34 -

     1  such equipment and appointments as may be required in the
     2  operation of such stores or establishments.
     3     Section 17.  Sections 302 and 303 of the act are reenacted
     4  and amended to read:
     5     Section 302.  Selection of Personnel.--Officers and employes
     6  of the [board] commission, except as herein otherwise provided,
     7  shall be appointed and employed subject to the provisions of the
     8  Civil Service Act.
     9     Section 303.  Management of Pennsylvania Liquor Stores.--
    10  Every Pennsylvania Liquor Store shall be conducted by a person
    11  appointed in the manner provided in the Civil Service Act who
    12  shall be known as the "manager" and who shall, under the
    13  directions of the [board] commission, be responsible for
    14  carrying out the provisions of this act and the regulations
    15  adopted by the [board] commission under this act as far as they
    16  relate to the conduct of such stores.
    17     Section 18.  Section 304 of the act, amended March 5, 1973
    18  (P.L.1, No.1), is reenacted and amended to read:
    19     Section 304.  When Sales May Be Made at Pennsylvania Liquor
    20  Stores.--Every Pennsylvania Liquor Store shall be open for
    21  business week days, except legal holidays or any day on which a
    22  general, municipal, special or primary election is being held,
    23  during such hours as the [board] commission, in its discretion,
    24  shall determine[, but shall not be open longer than fourteen
    25  hours in any one day nor later than eleven o'clock
    26  postmeridian]: Provided, That the Pennsylvania Liquor Stores in
    27  the case of a special election for members of the General
    28  Assembly or members of the Congress of the United States, when
    29  such special election is held on other than a primary, municipal
    30  or general election day, shall be open in those Legislative or
    19870H1000B1102                 - 35 -

     1  Congressional Districts as though the day were not a special
     2  election day. The [board] commission may, with the approval of
     3  the Governor, temporarily close any store in any municipality.
     4     Section 19.  Section 305 of the act, amended October 21, 1965
     5  (P.L.642, No.316), October 11, 1972 (P.L.906, No.215), June 17,
     6  1974 (P.L.352, No.115), October 2, 1974 (P.L.668, No.222) and
     7  October 4, 1974 (P.L.672, No.224), is reenacted and amended to
     8  read:
     9     Section 305.  Sales by Pennsylvania Liquor Stores.--(a)
    10  Every Pennsylvania Liquor Store shall keep in stock for sale
    11  such classes, varieties and brands of liquor and alcohol as the
    12  [board] commission shall prescribe. If any person shall desire
    13  to purchase any class, variety or brand of liquor or alcohol
    14  which any such store does not have in stock, it shall be the
    15  duty of such store immediately to order the same upon the
    16  payment of a reasonable deposit by the purchaser in such
    17  proportion of the approximate cost of the order as shall be
    18  prescribed by the regulations of the [board] commission. The
    19  customer shall be notified immediately upon the arrival of the
    20  goods.
    21     In computing the retail price of such special orders for
    22  liquor or alcohol, the [board] commission shall not include the
    23  cost of freight or shipping before applying the mark-up and
    24  taxes but shall add the freight or shipping charges to the price
    25  after the mark-up and taxes have been applied.
    26     Unless the customer pays for and accepts delivery of any such
    27  special order within five days after notice of arrival, the
    28  store may place it in stock for general sale and the customer's
    29  deposit shall be forfeited.
    30     (b)  Every Pennsylvania Liquor Store shall sell liquors at
    19870H1000B1102                 - 36 -

     1  wholesale to hotels, restaurants, clubs, and railroad, pullman
     2  and steamship companies licensed under this act; and, under the
     3  regulations of the [board] commission, to pharmacists duly
     4  licensed and registered under the laws of the Commonwealth, and
     5  to manufacturing pharmacists, and to reputable hospitals
     6  approved by the [board] commission, or chemists. The [board]
     7  commission may sell to registered pharmacists only such liquors
     8  as conform to the Pharmacopoeia of the United States, the
     9  National Formulary, or the American Homeopathic Pharmacopoeia.
    10  The [board] commission may sell at special prices under the
    11  regulations of the [board] commission, to United States Armed
    12  Forces facilities which are located on United States Armed
    13  Forces installations and are conducted pursuant to the authority
    14  and regulations of the United States Armed Forces. All other
    15  sales by such stores shall be at retail. [No liquor shall be
    16  sold except for cash, except that the board] The commission may,
    17  by regulation, authorize the acceptance of checks for liquor
    18  sold at wholesale only. The [board] commission shall have power
    19  to designate certain stores for wholesale or retail sales
    20  exclusively.
    21     (c)  Whenever any checks issued in payment of liquor or
    22  alcohol purchased from State Liquor Stores by persons holding
    23  wholesale purchase permit cards issued by the [board] commission
    24  shall be returned to the [board] commission as dishonored, the
    25  [board] commission shall charge a fee of five dollars per
    26  hundred dollars or fractional part thereof, plus all protest
    27  fees, to the maker of such check submitted to the [board]
    28  commission. Failure to pay the face amount of the check in full
    29  and all charges thereon as herein required within ten days after
    30  demand has been made by the [board] commission upon the maker of
    19870H1000B1102                 - 37 -

     1  the check shall be cause for revocation or suspension of any
     2  license issued by the [board] commission to the person who
     3  issued such check and the cancellation of the wholesale purchase
     4  permit card held by such person.
     5     (d)  No liquor or alcohol package shall be opened on the
     6  premises of a Pennsylvania Liquor Store. No manager or other
     7  employe of the [board] commission employed in a Pennsylvania
     8  Liquor Store shall allow any liquor or alcohol to be consumed on
     9  the store premises, nor shall any person consume any liquor or
    10  alcohol on such premises.
    11     (e)  The [board] commission may sell tax exempt alcohol to
    12  the Commonwealth of Pennsylvania and to persons to whom the
    13  [board] commission shall, by regulation to be promulgated by it,
    14  issue special permits for the purchase of such tax exempt
    15  alcohol.
    16     Such permits may be issued to the United States or any
    17  governmental agency thereof, to any university or college of
    18  learning, any laboratory for use exclusively in scientific
    19  research, any hospital, sanitorium, eleemosynary institution or
    20  dispensary; to physicians, dentists, veterinarians and
    21  pharmacists duly licensed and registered under the laws of the
    22  Commonwealth of Pennsylvania; to manufacturing chemists and
    23  pharmacists or other persons for use in the manufacture or
    24  compounding of preparations unfit for beverage purposes.
    25     (f)  Every purchaser of liquor or alcohol from a Pennsylvania
    26  Liquor Store shall receive a numbered receipt which shall show
    27  the price paid therefor, and such other information as the
    28  [board] commission may prescribe. Copies of all receipts issued
    29  by a Pennsylvania Liquor Store shall be retained by and shall
    30  form part of the records of such store.
    19870H1000B1102                 - 38 -

     1     (g)  The [board] commission is hereby authorized and
     2  empowered to adopt and enforce appropriate rules and regulations
     3  to insure the equitable wholesale and retail sale and
     4  distribution, through the Pennsylvania Liquor Stores, of
     5  available liquor and alcohol at any time when the demand
     6  therefor is greater than the supply.
     7     (h)  Every Pennsylvania Liquor Store shall sell gift
     8  certificates which may be redeemed for liquor.
     9     Section 20.  Section 306 of the act is reenacted and amended
    10  to read:
    11     Section 306.  Audits by Auditor General.--(a)  It shall be
    12  the duty of the Department of the Auditor General to make all
    13  audits which may be necessary in connection with the
    14  administration of the financial affairs of the [board]
    15  commission and the Pennsylvania Liquor Stores operated and
    16  maintained by the [board] commission.
    17     (b)  At least one audit shall be made each year of the
    18  affairs of the [board] commission, and all collections made by
    19  the Pennsylvania Liquor Stores shall be audited quarterly.
    20     (c)  Special audits of the affairs of the [board] commission
    21  and the Pennsylvania Liquor Stores maintained and operated by
    22  the [board] commission may be made whenever they may, in the
    23  judgment of the Auditor General, appear necessary, and shall be
    24  made whenever the Governor shall call upon the Auditor General
    25  to make them.
    26     (d)  Copies of all audits made by the Department of the
    27  Auditor General shall be promptly submitted to the [board]
    28  commission and to the Governor.
    29     (e)  Unless the Department of the Auditor General shall
    30  neglect or refuse to make annual, quarterly or special Audits,
    19870H1000B1102                 - 39 -

     1  as hereinabove required, it shall be unlawful for the [board]
     2  commission to expend any money appropriated to it by the General
     3  Assembly for any audit of its affairs, except for the payment of
     4  the compensation and expenses of such auditors as are regularly
     5  employed as part of the administrative staff of the [board]
     6  commission.
     7     Section 21.  The headings of Article IV and Subdivision (A)
     8  of Article IV of the act are reenacted to read:
     9                            ARTICLE IV.
    10           LICENSES AND REGULATIONS; LIQUOR, ALCOHOL AND
    11                     MALT AND BREWED BEVERAGES.
    12       (A)  Liquor and Alcohol (Not Including Manufacturers).
    13     Section 22.  Section 401 of the act, amended June 1, 1972
    14  (P.L.355, No.95), is reenacted and amended to read:
    15     Section 401.  Authority to Issue Liquor Licenses to Hotels,
    16  Restaurants and Clubs.--(a)  Subject to the provisions of this
    17  act and regulations promulgated under this act, the [board]
    18  commission shall have authority to issue a retail liquor license
    19  for any premises kept or operated by a hotel, restaurant or club
    20  and specified in the license entitling the hotel, restaurant or
    21  club to purchase liquor from a Pennsylvania Liquor Store and to
    22  keep on the premises such liquor and, subject to the provisions
    23  of this act and the regulations made thereunder, to sell the
    24  same and also malt or brewed beverages to guests, patrons or
    25  members for consumption on the hotel, restaurant or club
    26  premises. Such licensees, other than clubs, shall be permitted
    27  to sell malt or brewed beverages for consumption off the
    28  premises where sold in quantities of not more than one hundred
    29  forty-four fluid ounces in a single sale to one person. Such
    30  licenses shall be known as hotel liquor licenses, restaurant
    19870H1000B1102                 - 40 -

     1  liquor licenses and club liquor licenses, respectively. No
     2  person who holds, either by appointment or election, any public
     3  office which involves the duty to enforce any of the penal laws
     4  of the United States of America or the penal laws of the
     5  Commonwealth of Pennsylvania or any penal ordinance or
     6  resolution of any political subdivision of this Commonwealth
     7  shall be issued any hotel or restaurant liquor license, nor
     8  shall such a person have any interest, directly or indirectly,
     9  in any such license.
    10     (b)  The [board] commission may issue to any club which
    11  caters to groups of non-members, either privately or for
    12  functions, a catering license, and the [board] commission shall,
    13  by its rules and regulations, define what constitutes catering
    14  under this subsection except that any club which is issued a
    15  catering license shall not be prohibited from catering on
    16  Sundays during the hours which the club may lawfully serve
    17  liquor, malt or brewed beverages.
    18     Section 23.  Section 402 of the act is reenacted and amended
    19  to read:
    20     Section 402.  License Districts; License Year; Hearings.--The
    21  [board] commission shall, by regulation, divide the State into
    22  convenient license districts and shall hold hearings on
    23  applications for licenses and renewals thereof, as it deems
    24  necessary, at a convenient place or places in each of said
    25  districts, at such times as it shall fix, by regulation, for the
    26  purpose of hearing testimony for and against applications for
    27  new licenses and renewals thereof. The [board] commission may
    28  provide for the holding of such hearings by [examiners learned
    29  in the law, to be appointed by the Governor, who shall not be
    30  subject to the "Civil Service Act."] administrative law judges.
    19870H1000B1102                 - 41 -

     1  Such examiners shall make report to the [board] commission in
     2  each case with their recommendations. The [board] commission
     3  shall, by regulation, fix the license year for each separate
     4  district so that the expiration dates shall be uniform in each
     5  of the several districts but staggered as to the State.
     6     Section 24.  Section 403 of the act, amended November 19,
     7  1959 (P.L.1546, No.553) and September 28, 1961 (P.L.1728,
     8  No.702), is reenacted and amended to read:
     9     Section 403.  Applications for Hotel, Restaurant and Club
    10  Liquor Licenses.--(a)  Every applicant for a hotel liquor
    11  license, restaurant liquor license or club liquor license or for
    12  the transfer of an existing license to another premises not then
    13  licensed shall file a written application with the [board]
    14  commission in such form and containing such information as the
    15  [board] commission shall from time to time prescribe, which
    16  shall be accompanied by a filing fee of twenty dollars ($20),
    17  the prescribed license fee, and the bond hereinafter specified.
    18  Every such application shall contain a description of that part
    19  of the hotel, restaurant or club for which the applicant desires
    20  a license and shall set forth such other material information,
    21  description or plan of that part of the hotel, restaurant or
    22  club where it is proposed to keep and sell liquor as may be
    23  required by the regulations of the [board] commission. The
    24  descriptions, information and plans referred to in this
    25  subsection shall show the hotel, restaurant, club, or the
    26  proposed location for the construction of a hotel, restaurant or
    27  club, at the time the application is made, and shall show any
    28  alterations proposed to be made thereto, or the new building
    29  proposed to be constructed after the approval by the [board]
    30  commission of the application for a license or for the transfer
    19870H1000B1102                 - 42 -

     1  of an existing license to another premises not then licensed. No
     2  physical alterations, improvements or changes shall be required
     3  to be made to any hotel, restaurant or club, nor shall any new
     4  building for any such purpose, be required to be constructed
     5  until approval of the application for license or for the
     6  transfer of an existing license to another premises not then
     7  licensed by the [board] commission. After approval of the
     8  application, the licensee shall make the physical alterations,
     9  improvements and changes to the licensed premises, or shall
    10  construct the new building in the manner specified by the
    11  [board] commission at the time of approval, and the licensee
    12  shall not transact any business under the license until the
    13  [board] commission has approved the completed physical
    14  alterations, improvements and changes to the licensed premises,
    15  or the completed construction of the new building as conforming
    16  to the specifications required by the [board] commission at the
    17  time of issuance or transfer of the license, and is satisfied
    18  that the establishment is a restaurant, hotel or club as defined
    19  by this act. The [board] commission may require that all such
    20  alterations or construction or conformity to definition be
    21  completed within six months from the time of issuance or
    22  transfer of the license. Failure to comply with these
    23  requirements shall be considered cause for revocation of the
    24  license. No such license shall be transferable between the time
    25  of issuance or transfer of the license and the approval of the
    26  completed alterations or construction by the [board] commission
    27  and full compliance by the licensee with the requirements of
    28  this act, except in the case of death of the licensee prior to
    29  full compliance with all of the aforementioned requirements, in
    30  which event, the license may be transferred by the [board]
    19870H1000B1102                 - 43 -

     1  commission as provided in section 468 of this act for the
     2  transfer of the license in the case of death of the licensee.
     3     (b)  If the applicant is a natural person, his application
     4  must show that he is a citizen of the United States and has been
     5  a resident of this Commonwealth for at least two years
     6  immediately preceding his application.
     7     (c)  If the applicant is a corporation, the application must
     8  show that the corporation was created under the laws of
     9  Pennsylvania or holds a certificate of authority to transact
    10  business in Pennsylvania, that all officers, directors and
    11  stockholders are citizens of the United States, and that the
    12  manager of the hotel, restaurant or club is a citizen of the
    13  United States.
    14     (d)  Each application shall be signed and verified by oath or
    15  affirmation by the owner, if a natural person, or, in the case
    16  of an association, by a member or partner thereof, or, in the
    17  case of a corporation, by an executive officer thereof or any
    18  person specifically authorized by the corporation to sign the
    19  application, to which shall be attached written evidence of his
    20  authority.
    21     (e)  If the applicant is an association, the application
    22  shall set forth the names and addresses of the persons
    23  constituting the association, and if a corporation, the names
    24  and addresses of the principal officers thereof. Every club
    25  applicant shall file with and as a part of its application a
    26  list of the names and addresses of its members, directors,
    27  officers, agents and employes, together with the dates of their
    28  admission, election or employment, and such other information
    29  with respect to its affairs as the [board] commission shall
    30  require.
    19870H1000B1102                 - 44 -

     1     (f)  The [board] commission shall refuse to issue licenses to
     2  clubs when it appears that the operation of the licensed
     3  business would inure to the benefit of individual members,
     4  officers, agents or employes of the club, rather than to the
     5  benefit of the entire membership of the club.
     6     (g)  Every applicant for a new license or for the transfer of
     7  an existing license to another premises not then licensed shall
     8  post, for a period of a least fifteen days beginning with the
     9  day the application is filed with the [board] commission, in a
    10  conspicuous place on the outside of the premises or at the
    11  proposed new location for which the license is applied, a notice
    12  of such application, in such form, of such size, and containing
    13  such provisions as the [board] commission may require by its
    14  regulations. Proof of the posting of such notice shall be filed
    15  with the [board] commission.
    16     (h)  If any false statement is intentionally made in any part
    17  of the application, the affiant shall be deemed guilty of a
    18  misdemeanor and, upon conviction, shall be subject to the
    19  penalties provided by this article.
    20     (i)  Upon receipt of an application for a new license or
    21  transfer of an existing license to a new location, the
    22  commission shall immediately notify, in writing, the
    23  municipality in which the premises proposed to be licensed are
    24  located.
    25     Section 25.  Section 404 of the act, amended September 2,
    26  1971 (P.L.429, No.103), is reenacted and amended to read:
    27     Section 404.  Issuance of Hotel, Restaurant and Club Liquor
    28  Licenses.--Upon receipt of the application, the proper fees and
    29  bond, and upon being satisfied of the truth of the statements in
    30  the application that the applicant is the only person in any
    19870H1000B1102                 - 45 -

     1  manner pecuniarily interested in the business so asked to be
     2  licensed and that no other person will be in any manner
     3  pecuniarily interested therein during the continuance of the
     4  license, except as hereinafter permitted, and that the applicant
     5  is a person of good repute, that the premises applied for meet
     6  all the requirements of this act and the regulations of the
     7  [board] commission, that the applicant seeks a license for a
     8  hotel, restaurant or club, as defined in this act, and that the
     9  issuance of such license is not prohibited by any of the
    10  provisions of this act, the [board] commission shall, in the
    11  case of a hotel or restaurant, grant and issue to the applicant
    12  a liquor license, and in the case of a club may, in its
    13  discretion, issue or refuse a license: Provided, however, That
    14  in the case of any new license or the transfer of any license to
    15  a new location the [board] commission may, in its discretion,
    16  grant or refuse such new license or transfer if such place
    17  proposed to be licensed is within three hundred feet of any
    18  church, hospital, charitable institution, school, or public
    19  playground, or if such new license or transfer is applied for a
    20  place which is within two hundred feet of any other premises
    21  which is licensed by the [board] commission, or if such new
    22  license or transfer is applied for a place where the principal
    23  business is the sale of liquid fuels and oil: And provided
    24  further, That the [board] commission shall refuse any
    25  application for a new license or the transfer of any license to
    26  a new location if, in the [board's] commission's opinion, such
    27  new license or transfer would be detrimental to the welfare,
    28  health, peace and morals of the inhabitants of the neighborhood
    29  within a radius of five hundred feet of the place proposed to be
    30  licensed: And provided further, That the [board] commission
    19870H1000B1102                 - 46 -

     1  shall not issue new licenses in any license district more than
     2  twice each license year, effective from specific dates fixed by
     3  the [board] commission, and new licenses shall not be granted,
     4  except for hotels as defined in this act, unless the application
     5  therefor shall have been filed at least thirty days before the
     6  effective date of the license: And provided further, That
     7  nothing herein contained shall prohibit the [board] commission
     8  from issuing a new license for the balance of any unexpired term
     9  in any license district to any applicant in such district, who
    10  shall have become eligible to hold such license as the result of
    11  legislative enactment, when such enactment shall have taken
    12  place during the license term of that district for which
    13  application is made or within the thirty days immediately
    14  preceding such term, nor shall anything herein contained
    15  prohibit the commission from issuing at any time a new license
    16  for an airport restaurant, or municipal golf course, as defined
    17  in section 461 of this act, for the balance of the unexpired
    18  license term in any license district: And provided further, That
    19  the shall have the discretion to refuse a license to any person
    20  or to any corporation, partnership or association if such
    21  person, or any officer or director of such corporation, or any
    22  member or partner of such partnership or association shall have
    23  been convicted or found guilty of a felony within a period of
    24  five years immediately preceding the date of application for the
    25  said license. At any time prior to commission approval of an
    26  application for a new license or transfer of any license to a
    27  new location, any natural person, not a licensee, residing
    28  within one thousand feet of the place proposed to be licensed
    29  may petition the commission to deny the application on grounds
    30  that it would be detrimental to the welfare, health, peace and
    19870H1000B1102                 - 47 -

     1  morals of the inhabitants of the neighborhood. The commission
     2  shall either deny the application for a license or transfer of a
     3  license or refer the petition to the Office of Administrative
     4  Law Judge for a hearing. If after a hearing, at which the
     5  applicant and any resident within one thousand feet of the place
     6  proposed to be licensed shall be permitted to testify, the
     7  administrative law judge determines that approval of the license
     8  or transfer of a license would be detrimental to the welfare,
     9  health, peace and morals of those residents, the commission
    10  shall deny the application.
    11     Section 26.  Section 405 of the act, amended July 18, 1961
    12  (P.L.790, No.348), is reenacted and amended to read:
    13     Section 405.  License Fees.--(a)  License fees for hotel and
    14  restaurant liquor licenses shall be graduated according to the
    15  population of the municipality as determined by the last
    16  preceding decennial census of the United States in which the
    17  hotel or restaurant is located, as follows:
    18     In municipalities having a population of less than fifteen
    19  hundred inhabitants, one hundred fifty dollars ($150.00).
    20     In municipalities, except townships, having a population of
    21  fifteen hundred and more but less than ten thousand inhabitants,
    22  and in townships having a population of fifteen hundred and more
    23  but less than twelve thousand inhabitants, two hundred dollars
    24  ($200.00).
    25     In municipalities, except townships, having a population of
    26  ten thousand and more but less than fifty thousand inhabitants,
    27  and in townships having a population of twelve thousand and more
    28  but less than fifty thousand inhabitants, three hundred dollars
    29  ($300.00).
    30     In those having a population of fifty thousand and more but
    19870H1000B1102                 - 48 -

     1  less than one hundred thousand inhabitants, four hundred dollars
     2  ($400.00).
     3     In those having a population of one hundred thousand and more
     4  but less than one hundred fifty thousand inhabitants, five
     5  hundred dollars ($500.00).
     6     In those having a population of one hundred fifty thousand
     7  and more inhabitants, six hundred dollars ($600.00).
     8     (b)  Every applicant for a club liquor license shall pay to
     9  the [board] commission a license fee of fifty dollars ($50.00),
    10  except clubs to which catering licenses are issued, in which
    11  cases the license fees shall be the same as for hotels and
    12  restaurants located in the same municipality.
    13     (c)  All license fees authorized under this section shall be
    14  collected by the [board] commission for the use of the
    15  municipalities in which such fees were collected.
    16     (d)  Whenever any checks issued in payment of filing and/or
    17  license fees shall be returned to the [board] commission as
    18  dishonored, the [board] commission shall charge a fee of five
    19  dollars ($5.00) per hundred dollars, or fractional part thereof,
    20  plus all protest fees, to the maker of such check submitted to
    21  the [board] commission. Failure to pay the face amount of the
    22  check in full and all charges thereon as herein required within
    23  ten days after demand has been made by the [board] commission
    24  upon the maker of the check, the license of such person, if
    25  issued, shall immediately terminate and be cancelled without any
    26  action on the part of the [board] commission.
    27     Section 27.  Section 406 of the act, amended September 2,
    28  1971 (P.L.429, No.103), December 17, 1982 (P.L.1390, No.319),
    29  May 9, 1984 (P.L.246, No.54) and February 28, 1985 (P.L.1,
    30  No.1), is reenacted and amended to read:
    19870H1000B1102                 - 49 -

     1     Section 406.  Sales by Liquor Licensees; Restrictions.--(a)
     2  (1)  Every hotel, restaurant or club liquor licensee may sell
     3  liquor and malt or brewed beverages by the glass, open bottle or
     4  other container, and in any mixture, for consumption only in
     5  that part of the hotel or restaurant habitually used for the
     6  serving of food to guests or patrons, or in a bowling alley that
     7  is immediately adjacent to and under the same roof as a
     8  restaurant when no minors are present, unless minors who are
     9  present are under proper supervision as defined in section 493,
    10  in the bowling alley, and in the case of hotels, to guests, and
    11  in the case of clubs, to members, in their private rooms in the
    12  hotel or club. No club licensee nor its officers, servants,
    13  agents or employes, other than one holding a catering license,
    14  shall sell any liquor or malt or brewed beverages to any person
    15  except a member of the club. In the case of a restaurant located
    16  in a hotel which is not operated by the owner of the hotel and
    17  which is licensed to sell liquor under this act, liquor and malt
    18  or brewed beverages may be sold for consumption in that part of
    19  the restaurant habitually used for the serving of meals to
    20  patrons and also to guests in private guest rooms in the hotel.
    21  For the purpose of this paragraph, any person who is an active
    22  member of another club which is chartered by the same state or
    23  national organization shall have the same rights and privileges
    24  as members of the particular club. For the purpose of this
    25  paragraph, any person who is an active member of any volunteer
    26  firefighting company, association or group of this Commonwealth,
    27  whether incorporated or unincorporated, shall upon the approval
    28  of any club composed of volunteer firemen licensed under this
    29  act, have the same social rights and privileges as members of
    30  such licensed club. For the purposes of this paragraph, the term
    19870H1000B1102                 - 50 -

     1  "active member" shall not include a social member.
     2     (2)  Hotel and restaurant liquor licensees, airport
     3  restaurant liquor licensees, municipal golf course restaurant
     4  liquor licensees and privately-owned public golf course
     5  restaurant licensees may sell liquor and malt or brewed
     6  beverages only after seven o'clock antemeridian of any day until
     7  two o'clock antemeridian of the following day, except Sunday,
     8  and except as hereinafter provided, may sell liquor and malt or
     9  brewed beverages on Sunday between the hours of twelve o'clock
    10  midnight and two o'clock antemeridian.
    11     (3)  Hotel and restaurant liquor licensees, airport
    12  restaurant liquor licensees, municipal golf course restaurant
    13  liquor licensees and privately-owned public golf course
    14  restaurant licensees whose sales of food and nonalcoholic
    15  beverages are equal to forty per centum or more of the combined
    16  gross sales of both food and alcoholic beverages may sell liquor
    17  and malt or brewed beverages on Sunday between the hours of
    18  eleven o'clock antemeridian and two o'clock antemeridian Monday
    19  upon purchase of a special annual permit from the [board]
    20  commission at a fee of two hundred dollars ($200.00) per year,
    21  which shall be in addition to any other license fees.
    22     (4)  Hotel and restaurant liquor licensees, airport
    23  restaurant liquor licensees, municipal golf course restaurant
    24  liquor licensees and privately-owned public golf course
    25  restaurant licensees which do not qualify for and purchase such
    26  annual special permit, their servants, agents or employes may
    27  sell liquor and malt or brewed beverages only after seven
    28  o'clock antemeridian of any day and until two o'clock
    29  antemeridian of the following day, and shall not sell after two
    30  o'clock antemeridian on Sunday. No hotel, restaurant and public
    19870H1000B1102                 - 51 -

     1  service liquor licensee which does not have the special annual
     2  permit for Sunday sales shall sell liquor and malt or brewed
     3  beverages after two o'clock antemeridian on any day on which a
     4  general, municipal, special or primary election is being held
     5  until one hour after the time fixed by law for closing the
     6  polls, except, that, in the case of a special election for
     7  members of the General Assembly or members of the Congress of
     8  the United States, when such special election is held on other
     9  than a primary, municipal or general election day, licensees in
    10  those Legislative or Congressional Districts may make such
    11  sales, as though the day were not a special election day. No
    12  club licensee or its servants, agents or employes may sell
    13  liquor or malt or brewed beverages between the hours of three
    14  o'clock antemeridian and seven o'clock antemeridian on any day.
    15  No public service liquor licensee or its servants, agents, or
    16  employes may sell liquor or malt or brewed beverages between the
    17  hours of two o'clock antemeridian and seven o'clock antemeridian
    18  on any day.
    19     (5)  Any hotel, restaurant, club or public service liquor
    20  licensee may, by giving notice to the [board] commission,
    21  advance by one hour the hours herein prescribed as those during
    22  which liquor and malt or brewed beverages may be sold during
    23  such part of the year when daylight saving time is being
    24  observed generally in the municipality in which the place of
    25  business of such licensee is located. Any licensee who elects to
    26  operate his place of business in accordance with daylight saving
    27  time shall post a conspicuous notice in his place of business
    28  that he is operating in accordance with daylight saving time.
    29     (6)  Notwithstanding any provisions to the contrary, whenever
    30  the thirty-first day of December or Saint Patrick's Day falls on
    19870H1000B1102                 - 52 -

     1  a Sunday, every hotel or restaurant liquor licensee, their
     2  servants, agents or employes may sell liquor and malt or brewed
     3  beverages on any such day after one o'clock postmeridian and
     4  until two o'clock antemeridian of the following day.
     5     (b)  Such Sunday sales by hotel and restaurant liquor
     6  licensees which qualify for and purchase such annual special
     7  permit, their servants, agents and employes, shall be made
     8  subject to the restrictions imposed by the act on sales by
     9  hotels and restaurants for sales on weekdays as well as those
    10  restrictions set forth in this section.
    11     Section 28.  Section 406.1 of the act, amended May 9, 1984
    12  (P.L.246, No.54), is reenacted and amended to read:
    13     Section 406.1.  Secondary Service Area.--Upon application of
    14  any restaurant, hotel, club, any stadium as described in section
    15  408.9 or municipal golf course liquor licensee, and payment of
    16  the appropriate fee, the [board] commission may approve a
    17  secondary service area by extending the licensed premises to
    18  include one additional permanent structure with dimensions of at
    19  least one hundred seventy-five square feet, enclosed on three
    20  sides and having adequate seating. Such secondary service area
    21  must be located on property having a minimum area of one (1)
    22  acre, and must be on land which is immediate, abutting, adjacent
    23  or contiguous to the licensed premises with no intervening
    24  public thoroughfare. In any stadium as described in section
    25  408.9, only malt or brewed beverages may be served. There shall
    26  be no requirement that the secondary service area be physically
    27  connected to the original licensed premises. Notwithstanding 40
    28  Pa. Code § 7.21(c)(3), the licensee shall be permitted to store,
    29  serve, sell or dispense food, liquor and malt or brewed
    30  beverages at the [board] commission approved secondary service
    19870H1000B1102                 - 53 -

     1  area.
     2     Section 29.  Section 407 of the act is reenacted to read:
     3     Section 407.  Sale of Malt or Brewed Beverages by Liquor
     4  Licensees.--Every liquor license issued to a hotel, restaurant,
     5  club, or a railroad, pullman or steamship company under this
     6  subdivision (A) for the sale of liquor shall authorize the
     7  licensee to sell malt or brewed beverages at the same places but
     8  subject to the same restrictions and penalties as apply to sales
     9  of liquor, except that licensees other than clubs may sell malt
    10  or brewed beverages for consumption off the premises where sold
    11  in quantities of not more than one hundred forty-four fluid
    12  ounces in a single sale to one person. No licensee under this
    13  subdivision (A) shall at the same time be the holder of any
    14  other class of license, except a retail dispenser's license
    15  authorizing the sale of malt or brewed beverages only.
    16     Section 30.  Section 408 of the act, amended September 19,
    17  1961 (P.L.1507, No.639) and November 26, 1978 (P.L.1389,
    18  No.326), is reenacted and amended to read:
    19     Section 408.  Public Service Liquor Licenses.--(a)  Subject
    20  to the provisions of this act and regulations promulgated under
    21  this act, the [board] commission, upon application, shall issue
    22  retail liquor licenses to railroad or pullman companies
    23  permitting liquor and malt or brewed beverages to be sold in
    24  dining, club or buffet cars to passengers for consumption while
    25  enroute on such railroad, and may issue retail liquor licenses
    26  to steamship companies permitting liquor or malt or brewed
    27  beverages to be sold in the dining compartments of steamships or
    28  vessels wherever operated in the Commonwealth, except when
    29  standing or moored in stations, terminals or docks within a
    30  municipality wherein sales of liquor for consumption on the
    19870H1000B1102                 - 54 -

     1  premises are prohibited, and may further issue retail liquor
     2  licenses to airline companies permitting liquor or malt or
     3  brewed beverages to be sold to passengers for consumption while
     4  enroute on such airline. Such licenses shall be known as public
     5  service liquor licenses. The [board] commission may issue a
     6  master license to railroad or pullman companies to cover the
     7  maximum number of cars which the company shall estimate that it
     8  will operate within the Commonwealth on any one day. Such
     9  licensees shall file monthly reports with the [board] commission
    10  showing the maximum number of cars operated in any one day
    11  during the preceding month, and if it appears that more cars
    12  have been operated than covered by its license it shall
    13  forthwith remit to the [board] commission the sum of twenty
    14  dollars for each extra car so operated.
    15     (b)  For the purpose of considering an application by a
    16  steamship or airline company for a public service liquor
    17  license, the [board] commission may cause an inspection of the
    18  steamship or vessel or aircraft for which a license is desired.
    19  The [board] commission may, in its discretion, grant or refuse
    20  the license applied for and there shall be no appeal from its
    21  decision, except that an action of mandamus may be brought
    22  against the [board] commission in the manner provided by law.
    23     (c)  Every applicant for a public service liquor license
    24  shall, before receiving such license, file with the [board]
    25  commission a surety bond as hereinafter prescribed, pay to the
    26  [board] commission for each of the maximum number of dining,
    27  club or buffet cars which the applicant estimates it will have
    28  in operation on any one day an annual fee of twenty dollars
    29  ($20.00), and for each steamship or vessel or aircraft for which
    30  a license is desired an annual fee of one hundred dollars
    19870H1000B1102                 - 55 -

     1  ($100.00).
     2     (d)  Unless previously revoked, every license issued by the
     3  [board] commission under this section shall expire and terminate
     4  on the thirty-first day of December, in the year for which the
     5  license is issued. Licenses issued under the provisions of this
     6  section shall be renewed annually, as herein provided, upon the
     7  filing of applications in such form as the [board] commission
     8  shall prescribe, but no license shall be renewed until the
     9  applicant shall file with the [board] commission a new surety
    10  bond and shall pay the requisite license fee specified in this
    11  section.
    12     (e)  Except as otherwise specifically provided, sales of
    13  liquor and malt or brewed beverages by the aforesaid public
    14  service company licensees shall be made in accordance with, and
    15  shall be subject to, the provisions of this act relating to the
    16  sale of liquors by restaurant licensees.
    17     Section 31.  Section 408.1 of the act, added December 15,
    18  1965 (P.L.1106, No.426) and amended November 17, 1967 (P.L.510,
    19  No.247), is reenacted and amended to read:
    20     Section 408.1.  Trade Show and Convention Licenses.--(a)  The
    21  [board] commission is authorized to issue a license in any city
    22  of the first or second class for the retail sale of liquor and
    23  malt or brewed beverages by the glass, open bottles or other
    24  container or in any mixture for consumption in any restaurant or
    25  other appropriate location on city-owned premises or on premises
    26  of an authority created under the act of July 29, 1953
    27  (P.L.1034), known as the "Public Auditorium Authorities Law"
    28  customarily used or available for use for trade shows and
    29  conventions. Any concessionaire selected and certified by the
    30  city or its authorized agency or by the authority may apply for
    19870H1000B1102                 - 56 -

     1  a license.
     2     (b)  The application for a trade show and convention license
     3  may be filed at any time and shall conform with all requirements
     4  for restaurant liquor license applications except as may be
     5  otherwise provided herein. The applicant shall submit such other
     6  information as the [board] commission may require. Application
     7  shall be in writing on forms prescribed by the [board]
     8  commission and shall be signed and submitted to the [board]
     9  commission by the applicant. The filing fee which shall
    10  accompany the trade show and convention license application
    11  shall be twenty dollars ($20).
    12     (c)  Upon receipt of the application in proper form and the
    13  application fee, and upon being satisfied that the applicant is
    14  of good repute and financially responsible and that the proposed
    15  place of business is proper, the [board] commission shall issue
    16  a license to the applicant.
    17     (d)  The license shall be issued for the same period as
    18  provided for restaurant licenses and shall be renewed as in
    19  section 402. The license shall terminate upon revocation by the
    20  [board] commission or upon termination of the contract between
    21  the concessionaire and the city or authority.
    22     (e)  The annual fee for a trade show and convention license
    23  shall be six hundred dollars ($600), and shall accompany the
    24  application for the license. Whenever a concessionaire's
    25  contract terminates the license shall be returned to the [board]
    26  commission for cancellation and a new license shall be issued to
    27  a new applicant.
    28     (f)  The penal sum of the bond which shall be filed by an
    29  applicant for a trade show and convention license pursuant to
    30  section 465 of this article shall be two thousand dollars
    19870H1000B1102                 - 57 -

     1  ($2,000) and in addition thereto he shall file an additional
     2  bond in a sum to assure payment of any suspension of license up
     3  to one hundred days.
     4     (g)  Sales by the holder of a trade show and convention
     5  license may be made except to those persons prohibited under
     6  clause (1) of section 493 of this act on city-owned or
     7  authority-owned, leased or operated premises customarily used or
     8  available for use for trade shows and conventions during the
     9  hours in which the convention or trade show is being held and up
    10  to one hour after the scheduled closing, and at functions which
    11  are incidental to or a part of the trade show or convention, but
    12  such sales may not be made beyond the hours expressed in the act
    13  for the sale of liquor by restaurant licensees: Provided,
    14  however, That during the hours expressed in this act for the
    15  sale of liquor by hotel licensees, sales of such liquor or malt
    16  or brewed beverages may be made by said licensee at banquets,
    17  not incidental to trade shows or conventions, at which more than
    18  two thousand persons are scheduled to attend, and at functions
    19  irrespective of attendance, which are directly related to the
    20  Philadelphia Commercial Museum or the Center for International
    21  Visitors: And provided further, That no such sale shall be made
    22  at any sporting, athletic or theatrical event.
    23     (h)  Whenever a contract is terminated prior to the
    24  expiration date provided in the contract between the city or
    25  authority and the concessionaire, the city or authority may
    26  select and certify to the [board] commission a different
    27  concessionaire which concessionaire shall apply to the [board]
    28  commission for a new license. If the applicant meets the
    29  requirements of the [board] commission as herein provided a new
    30  license shall thereupon be issued.
    19870H1000B1102                 - 58 -

     1     (i)  If any trade show and convention license is suspended,
     2  the offer in compromise shall be accepted at the same rate as
     3  provided for existing restaurant liquor licenses not in excess
     4  of one hundred days. If any trade show and convention license is
     5  revoked, the [board] commission shall issue a new license to any
     6  qualified applicant without regard to the prohibition in section
     7  471 against the grant of license at the same premises for a
     8  period of at least one year.
     9     Section 32.  Section 408.2 of the act, added November 25,
    10  1970 (P.L.770, No.255) and amended June 9, 1972 (P.L.379,
    11  No.108), is reenacted and amended to read:
    12     Section 408.2.  City-Owned Stadia.--(a)  The [board]
    13  commission is authorized to issue a license in any city of the
    14  first class for the retail sale of liquor and malt or brewed
    15  beverages by the glass, open bottles or other container or in
    16  any mixture for consumption in any restaurant on city-owned
    17  premises principally utilized for competition of professional
    18  and amateur athletes and other types of entertainment where
    19  there is an available seating capacity within the premises of
    20  twelve thousand or more.
    21     (b)  The application for a city-owned stadium license may be
    22  filed at any time by a concessionaire selected and certified by
    23  the city or its authorized agency and shall conform with all
    24  requirements for restaurant-liquor licenses and applications
    25  except as may otherwise be provided herein. Applicant shall
    26  submit such other information as the [board] commission may
    27  require. Applications shall be in writing on forms prescribed by
    28  the [board] commission and shall be signed and submitted to the
    29  [board] commission by the applicant. The filing fee which shall
    30  accompany the license application shall be twenty dollars ($20).
    19870H1000B1102                 - 59 -

     1     (c)  Upon receipt of the application in proper form and the
     2  application fee and upon being satisfied that the applicant is
     3  of good repute and financially responsible and that the proposed
     4  place of business is proper, the [board] commission shall issue
     5  a license to the applicant.
     6     (d)  The license shall be issued for the same period of time
     7  as provided for restaurant licenses and shall be renewed as
     8  provided in section 402. The license shall terminate upon
     9  revocation by the [board] commission or upon termination of the
    10  contract between the concessionaire and the city.
    11     (e)  The annual fee for a stadium license shall be six
    12  hundred dollars ($600), and shall accompany the application for
    13  the license. Whenever a concessionaire's contract terminates the
    14  license shall be returned to the [board] commission for
    15  cancellation and a new license shall be issued to a new
    16  applicant.
    17     (f)  The penal sum of the bond which shall be filed by an
    18  applicant for a stadium license pursuant to section 465 of the
    19  "Liquor Code" shall be two thousand dollars ($2,000) and in
    20  addition thereto he shall file an additional bond in a sum to
    21  assure payment of any fine imposed by the [board] commission up
    22  to one thousand dollars ($1,000).
    23     (g)  Sales by the holder of a stadium license may be made
    24  except to those persons prohibited under clause (1) of section
    25  493 of this act on city-owned premises customarily used or
    26  available for use for competition of professional and amateur
    27  athletes and other types of entertainment during the hours in
    28  which the entertainment is being held and up to one hour after
    29  the scheduled closing, and at functions which are incidental to
    30  or part of the stadium activities, but such sales may not be
    19870H1000B1102                 - 60 -

     1  made beyond the hours expressed in the code for the sale of
     2  liquor by restaurant licensees: Provided, however, That such
     3  sales may be made on Sunday between the hours of twelve o'clock
     4  noon and ten o'clock postmeridian: And provided further, That
     5  during the hours expressed in this act for the sale of liquor by
     6  hotel licensees, sales of such liquor or malt or brewed
     7  beverages may be made by said licensee at banquets, not
     8  incidental to stadium activities, at which more than two
     9  thousand persons are scheduled to attend, and at functions
    10  irrespective of attendance, which are directly related to stadia
    11  purposes.
    12     (h)  Whenever a contract is terminated prior to the
    13  expiration date provided in the contract between the city and
    14  the concessionaire, the city may select and certify to the
    15  [board] commission a different concessionaire which
    16  concessionaire shall apply to the [board] commission for a new
    17  license. If the applicant meets the requirements of the [board]
    18  commission as herein provided a new license shall thereupon be
    19  issued. If any stadium license is revoked, the [board]
    20  commission shall issue a new license to any qualified applicant
    21  without regard to the prohibition in section 471, against the
    22  grant of a license at the same premises for a period of at least
    23  one year.
    24     Section 33.  Section 408.3 of the act, amended December 16,
    25  1982 (P.L.1359, No.311), is reenacted and amended to read:
    26     Section 408.3.  Performing Arts Facilities.--(a)  The [board]
    27  commission is authorized to issue a license to one nonprofit
    28  corporation operating a theater for the performing arts in each
    29  city of the first or second class which has seating
    30  accommodations for at least twenty-seven hundred persons except
    19870H1000B1102                 - 61 -

     1  where prohibited by local option for the retail sale of liquor
     2  and malt or brewed beverages by the glass, open bottle or other
     3  container or in any mixture for consumption in any such theater
     4  for the performing arts.
     5     (a.1)  The [board] commission is authorized to issue licenses
     6  to operators of theaters for the performing arts, other than a
     7  theater qualifying under subsection (a), which are permanently
     8  located at a single site and which have seating accommodations,
     9  affixed to the theater structure, for at least twenty-eight
    10  hundred persons except where prohibited by local option for the
    11  retail sale of liquor and malt or brewed beverages by the glass,
    12  open bottle, or other container or in any mixture for
    13  consumption in any such theater for the performing arts.
    14     (b)  The application for a performing arts facility license
    15  may be filed at any time by a nonprofit corporation operating
    16  such a theater for the performing arts or by a concessionaire
    17  selected by such nonprofit corporation and shall conform with
    18  all requirements for restaurant liquor licenses and applications
    19  except as may otherwise be provided herein. Applicant shall
    20  submit such other information as the [board] commission may
    21  require. Applications shall be in writing on forms prescribed by
    22  the [board] commission and shall be signed and submitted to the
    23  [board] commission by the applicant. The filing fee shall
    24  accompany the license application.
    25     (b.1)  A performing arts facility referred to in subsection
    26  (a.1) must be in operation for a period of two (2) years before
    27  it may file an application for a license. The application for a
    28  performing arts facility license may be filed at any time
    29  thereafter by the operator or a concessionaire selected by the
    30  operator of such theater for the performing arts and shall
    19870H1000B1102                 - 62 -

     1  conform with all requirements for restaurant liquor licenses and
     2  applications except as may be otherwise provided herein.
     3  Applicants shall submit such other information as the [board]
     4  commission may require. Applications shall be in writing on
     5  forms prescribed by the [board] commission and shall be signed
     6  and submitted to the [board] commission by the applicant. The
     7  filing fee shall accompany the license application.
     8     (b.2)  The filing fee which is prescribed in clause (19) of
     9  section 614-A of the act of April 9, 1929 (P.L.177, No.175),
    10  known as "The Administrative Code of 1929," shall accompany the
    11  license application filed under subsection (b) or (b.1).
    12     (c)  Upon receipt of the application in proper form and the
    13  application fee and upon being satisfied that the applicant is
    14  of good repute and financially responsible and that the proposed
    15  place of business is proper, the [board] commission shall issue
    16  a license to the applicant.
    17     (d)  The license shall be issued for the same period of time
    18  as provided for restaurant licenses and shall be renewed as
    19  provided in section 402. The license shall terminate upon
    20  revocation by the [board] commission or upon termination of the
    21  contract between the concessionaire and the operator of such
    22  theater for the performing arts.
    23     (e)  The annual fee for a performing arts facility shall
    24  accompany the application for the license and shall be as
    25  prescribed in clause (19) of section 614-A of "The
    26  Administrative Code of 1929." Whenever and if a concessionaire's
    27  contract terminates the license shall be returned to the [board]
    28  commission for cancellation and a new license shall be issued to
    29  a new applicant.
    30     (f)  The penal sum of the bond which shall be filed by an
    19870H1000B1102                 - 63 -

     1  applicant for a performing arts facility pursuant to section 465
     2  of the "Liquor Code" shall be two thousand dollars ($2,000).
     3     (g)  Sales by the holder of a performing arts facility
     4  license may be made except to those persons prohibited under
     5  clause (1) of section 493 of this act on the premises of such a
     6  theater for the performing arts during the hours expressed in
     7  the code for the sale of liquor and malt and brewed beverages by
     8  restaurant licensees, and the license may be used for such sales
     9  on Sundays between the hours of 1:00 P.M. and 10:00 P.M.,
    10  irrespective of the volume of food sales.
    11     (g.1)  Sales by the holder of a performing arts facility
    12  license referred to in subsection (a.1) shall be further
    13  restricted to the period of time beginning one (1) hour before
    14  and ending one (1) hour after any presentation at the performing
    15  arts facility.
    16     (h)  Whenever a contract with a concessionaire is terminated
    17  prior to the expiration date provided in the contract between
    18  such operator and the concessionaire, operator may select and
    19  certify to the [board] commission a different concessionaire
    20  which concessionaire shall apply to the [board] commission for a
    21  new license. If the applicant meets the requirements of the
    22  [board] commission as herein provided a new license shall
    23  thereupon be issued. If any such performing arts facility
    24  license is revoked, the [board] commission shall issue a new
    25  license to any qualified applicant without regard to the
    26  prohibition in section 471, against the grant of a license at
    27  the same premises for a period of at least one (1) year.
    28     (i)  Licenses issued under the provisions of this section
    29  shall not be subject to the quota restrictions of section 461 of
    30  this act.
    19870H1000B1102                 - 64 -

     1     (j)  Performing arts facility licenses referred to in
     2  subsection (a) shall not be subject to the provisions of section
     3  404 except in so far as they relate to the reputation of the
     4  applicant nor to the provisions of sections 461 and 463 nor to
     5  the provisions of clause (10) of section 493 of the "Liquor
     6  Code."
     7     (j.1)  Performing arts facilities referred to in subsection
     8  (a.1) shall not be subject to the provisions of section 463 nor
     9  to the provision requiring a special permit for dancing,
    10  theatricals or floor shows of any sort, or moving pictures other
    11  than television in clause (10) of section 493 of the "Liquor
    12  Code."
    13     (k)  Sales under such licenses (including food sales) may be
    14  limited by the licensee to patrons of the events scheduled in
    15  the theater of the performing arts. Provided food is offered for
    16  sale when sales are made under the license, such food may be
    17  catered from off the premises.
    18     Section 34.  Section 408.4 of the act, amended July 11, 1980
    19  (P.L.558, No.117), July 9, 1984 (P.L.659, No.137) and July 3,
    20  1985 (P.L.134, No.36), is reenacted and amended to read:
    21     Section 408.4.  Special Occasion Permits.--(a)  Upon
    22  application of any hospital, church, synagogue, volunteer fire
    23  company, bona fide sportsmen's club in existence for at least
    24  ten years and upon payment of a fee of fifteen dollars ($15) per
    25  day, the [board] commission shall issue a special occasion
    26  permit good for a period of not more than five consecutive days.
    27  Special occasion permits may also be issued to a museum operated
    28  by a nonprofit corporation in a city of the third class or a
    29  nonprofit corporation engaged in the performing arts in a city
    30  of the third class for a period of not more than six
    19870H1000B1102                 - 65 -

     1  nonconsecutive or ten consecutive days at a fee of fifteen
     2  dollars ($15) per day.
     3     (b)  In any city, borough, incorporated town or township in
     4  which the sale of liquor and/or malt or brewed beverages has
     5  been approved by the electorate, such special occasion permit
     6  shall authorize the permittee to sell liquor and/or malt or
     7  brewed beverages as the case may be to any adult person on any
     8  day for which the permit is issued.
     9     (c)  Such special occasion permit shall only be valid for the
    10  number of days stated in the permit. Only one permit may be
    11  issued to any permittee during the year. Provided, that a museum
    12  operated by a nonprofit corporation in a city of the third class
    13  and a nonprofit corporation engaged in the performing arts in a
    14  city of the third class may be issued no more than six permits
    15  during the year, each permit being valid for only one day, or in
    16  the alternative, one permit valid for no more than a total of
    17  ten consecutive days per year, which may be issued only during
    18  the month of August.
    19     (d)  Such permits shall only be issued for use at a special
    20  event including, but not limited to bazaars, picnics and
    21  clambakes. The special event must be one which is used by the
    22  permittee as a means of raising funds for itself.
    23     (d.1)  The hours during which the holder of a special
    24  occasion permit may sell liquor or malt or brewed beverages
    25  shall be limited to the hours set forth in section 406 which are
    26  applicable to hotel and restaurant licensees. The hours during
    27  which a nonprofit corporation engaged in the performing arts in
    28  a city of the third class may sell liquor or malt or brewed
    29  beverages pursuant to a special occasion permit shall be limited
    30  to those hours set forth in section 408.3(g.1).
    19870H1000B1102                 - 66 -

     1     (d.2)  At least forty-eight hours prior to the sale of any
     2  liquor or malt or brewed beverages, the holder of a special
     3  occasion permit shall notify the local police department, or in
     4  the absence of a local police department, the Pennsylvania State
     5  Police, of the times when and place where the sale of liquor or
     6  malt or brewed beverages shall occur.
     7     (e)  The provisions of this section shall not be applicable
     8  to any licensee now or hereafter possessing a caterer's license,
     9  nor to any professional fund raiser.
    10     (f)  Any person selling liquor or malt or brewed beverages in
    11  violation of this section shall, upon summary conviction, be
    12  sentenced to pay a fine of two hundred fifty dollars ($250) for
    13  the first offense and a fine of five hundred dollars ($500) for
    14  each subsequent offense. This fine shall be in addition to any
    15  other penalty imposed by law for the illegal sale of malt or
    16  brewed beverages.
    17     Section 35.  Section 408.5 of the act, amended July 9, 1976
    18  (P.L.527, No.125), is reenacted and amended to read:
    19     Section 408.5.  Licenses for City-owned Art Museums, Cities
    20  First Class and Art Museums Maintained by Certain Non-profit
    21  Corporations in Cities of the Second Class.--(a)  The [board]
    22  commission is authorized to issue a license in any city of the
    23  first class for the retail sale of liquor and malt or brewed
    24  beverages by the glass, open bottles or other container, and in
    25  any mixture, for consumption in any city-owned art museum or in
    26  any art museum maintained by a non-profit corporation in cities
    27  of the second class. For the purpose of this section "non-profit
    28  corporation" shall mean a corporation organized under the non-
    29  profit corporation laws for the benefit of the public and not
    30  for the mutual benefit of its members, and which maintains an
    19870H1000B1102                 - 67 -

     1  art museum having a floor area of not less than one hundred
     2  thousand square feet in one building.
     3     (b)  The application for a license may be filed at any time
     4  by the city, the non-profit corporation or lessee. The
     5  application may also be filed by a concessionaire selected and
     6  certified by the city or the non-profit corporation. The
     7  application shall conform with all requirements for restaurant
     8  liquor licenses and applications except as may otherwise be
     9  provided herein. Applicant shall submit such other information
    10  as the may require. The application shall be in writing on forms
    11  prescribed by the and shall be signed and submitted to the by
    12  the applicant. A filing fee of twenty dollars ($20) shall
    13  accompany the license application.
    14     (c)  Upon receipt of the application in proper form with the
    15  application fee and upon being satisfied that the applicant is
    16  of good repute and financially responsible and that the proposed
    17  place of business is proper, the shall issue a license to the
    18  applicant.
    19     (d)  The license shall be issued for the same period of time
    20  as provided for restaurant licensees and shall be renewed as
    21  provided in section 402. The license shall terminate upon
    22  revocation by the or upon termination of the lease or upon
    23  termination of the contract between the concessionaire and the
    24  city or the non-profit corporation.
    25     (g)  Sales by the holder of an art museum license may be made
    26  except to those persons prohibited by this act on premises used
    27  for art museum purposes, but such sales may not be made beyond
    28  the hours expressed in this act for the sale of liquor by
    29  restaurant licenses. However, sales of liquor or malt or brewed
    30  beverages may be made by an art museum licensee at banquets at
    19870H1000B1102                 - 68 -

     1  which more than five hundred persons are scheduled to attend and
     2  at any other function which is directly related to art museum
     3  purposes.
     4     (h)  Whenever a lease or a concession contract is terminated
     5  prior to the expiration date provided in the lease or contract
     6  between the city or the non-profit corporation and the tenant or
     7  concessionaire, the city or the non-profit corporation may
     8  select and certify to the [board] commission a different
     9  licensee or concessionaire who may then apply to the [board]
    10  commission for a new license. If the applicant meets the
    11  requirements of the [board] commission as herein provided a new
    12  license shall thereupon be issued.
    13     (i)  If the [board] commission shall revoke any art museum
    14  license, the [board] commission shall issue a new license to any
    15  qualified applicant without regard to the prohibition in section
    16  471 against the grant of a license at the same premises for a
    17  period of at least one year.
    18     (i.1)  Any renewal of a license presently held by a city-
    19  owned art museum in a city of the first class shall be
    20  accomplished by the purchase of a license from an existing
    21  licensee.
    22     (i.2)  An art museum maintained by a non-profit corporation
    23  or corporations in a city of the second class which obtains
    24  approval of its application for a license from the [board]
    25  commission shall purchase a license from an existing licensee.
    26     (j)  The provisions of this act shall supersede or exempt any
    27  provision of the Liquor Code which would prevent the issuance of
    28  a license for the retail sale of liquor and malt or brewed
    29  beverages upon any premises owned by the city of the first class
    30  or by a non-profit corporation in a city of the second class
    19870H1000B1102                 - 69 -

     1  used for art museum purposes.
     2     Section 36.  Section 408.6 of the act, added July 11, 1980
     3  (P.L.558, No.117), is reenacted and amended to read:
     4     Section 408.6.  Performing Arts Facilities in Third Class
     5  Cities.--(a)  The [board] commission is authorized to issue a
     6  restaurant liquor license to a nonprofit corporation or to a
     7  concessionaire selected by such nonprofit corporation in any
     8  city of the third class for the retail sale of liquor and malt
     9  or brewed beverages by the glass, open bottles or other
    10  container or in any mixture for consumption on any city-owned
    11  premises utilized as a nonprofit performing arts facility or any
    12  other premises utilized as a nonprofit performing arts facility
    13  where there is an available seating capacity within the premises
    14  of one thousand or more: Provided, however, That no sale or
    15  consumption of such beverages shall take place on any portions
    16  of such premises other than service areas approved by the
    17  [board] commission.
    18     (b)  An application for the issuance may be filed at any time
    19  by a nonprofit corporation operating such a theater for the
    20  performing arts or by a concessionaire selected by such
    21  nonprofit corporation. Any such license granted under these
    22  provisions need not conform to the requirements of the act
    23  relating to restaurant liquor licenses, except as provided
    24  herein. Applicant shall submit such other information as the
    25  [board] commission may require. Applications shall be in writing
    26  on forms prescribed by the [board] commission and shall be
    27  signed and submitted to the [board] commission by the applicant.
    28  The filing fee which shall accompany the license application
    29  shall be thirty dollars ($30).
    30     (c)  Upon receipt of the application in proper form and the
    19870H1000B1102                 - 70 -

     1  application fee and upon being satisfied that the applicant is
     2  of good repute and financially responsible and that the proposed
     3  place of business is proper, the [board] commission shall issue
     4  the restaurant liquor license for the performing arts facility.
     5     (d)  The license shall be issued for the same period of time
     6  as provided for restaurant licenses and shall be renewed as
     7  provided in section 402. The license shall terminate upon
     8  revocation by the [board] commission or upon termination and
     9  nonrenewal of the contract between the concessionaire and such
    10  nonprofit corporation.
    11     (e)  The annual fee for a performing arts facility shall be
    12  as provided in section 405 and shall accompany the application
    13  for the license. Whenever and if a concessionaire's contract
    14  terminates and is not renewed the license shall be returned to
    15  the for cancellation but the [board] commission may issue a
    16  restaurant liquor license to a subsequent applicant.
    17     (f)  The penal sum of the bond which shall be filed by an
    18  applicant for a performing arts facility pursuant to section 465
    19  shall be two thousand dollars ($2,000).
    20     (g)  Sales by the holder of a performing arts facility
    21  license may be made except to those persons prohibited under
    22  clause (1) of section 493 on [board-approved] commission-
    23  approved service areas of the premises of such a facility for
    24  the performing arts during the hours in which the performance is
    25  being held and up to one hour before the scheduled opening and
    26  one hour after the scheduled closing, but such sales may not be
    27  made beyond the hours expressed in the code for the sale of
    28  liquor and malt or brewed beverages by restaurant licensees:
    29  Provided, however, That such sales may be made on Sunday between
    30  the hours of one o'clock postmeridian and ten o'clock
    19870H1000B1102                 - 71 -

     1  postmeridian, irrespective of the volume of food sales.
     2     (h)  Whenever a contract with a concessionaire is terminated
     3  prior to the expiration date provided in the contract between
     4  such nonprofit corporation and the concessionaire and is not
     5  renewed, such nonprofit corporation may apply to the [board]
     6  commission for the issuance of a restaurant liquor license or
     7  may select and certify to the [board] commission a different
     8  concessionaire which concessionaire shall apply to the for the
     9  issuance of a restaurant liquor license. If the applicant meets
    10  the requirements of the [board] commission as herein provided,
    11  the issuance shall thereupon occur. If any such performing arts
    12  facility license is revoked, the [board] commission shall issue
    13  a new license to any qualified applicant without regard to the
    14  prohibition in section 471, against the grant of a license at
    15  the same premises for a period of at least one year.
    16     (i)  Licenses issued under the provisions of this section
    17  shall not be subject to the quota restrictions of section 461.
    18     (j)  Performing arts licenses shall not be subject to the
    19  provisions of section 404 except insofar as they relate to the
    20  reputation of the applicant nor to the provisions of sections
    21  461 and 463, nor to the provisions of clause (10) of section
    22  493.
    23     (k)  Sales under such licenses (including food sales) may be
    24  limited by the licensee to patrons of the events scheduled in
    25  the facility of the performing arts. Provided food is offered
    26  for sale when sales are made under the license, such food may be
    27  catered from off the premises.
    28     Section 37.  Section 408.7 of the act, added December 12,
    29  1980 (P.L.1195, No.221), is reenacted and amended to read:
    30     Section 408.7.  Performing Arts Facilities in First and
    19870H1000B1102                 - 72 -

     1  Second Class Cities.--(a)  The [board] commission is authorized
     2  to transfer a restaurant liquor license purchased by any person
     3  or by a concessionaire selected by such person in any city of
     4  the first or second class for the retail sale of liquor and malt
     5  or brewed beverages by the glass, open bottles or other
     6  container or in any mixture for consumption on any city-owned
     7  premises utilized as a performing arts facility or any other
     8  premise utilized as a performing arts facility where there is an
     9  available seating capacity within the premises of one thousand
    10  or more: Provided, however, That no sale or consumption of such
    11  beverages shall take place on any portions of such premises
    12  other than service areas approved by the [board] commission.
    13     (b)  An application for transfer may be filed at any time by
    14  a person operating such a theater for the performing arts or by
    15  a concessionaire selected by such person. Any such license
    16  granted under these provisions need not conform to the
    17  requirements of the act relating to restaurant liquor licenses,
    18  except as provided herein. Applicant shall submit such other
    19  information as the [board] commission may require. Applications
    20  shall be in writing on forms prescribed by the [board]
    21  commission and shall be signed and submitted to the [board]
    22  commission by the applicant. The filing fee which shall
    23  accompany the license transfer application shall be thirty
    24  dollars ($30).
    25     (c)  Upon receipt of the application in proper form and the
    26  application fee and upon being satisfied that the applicant is
    27  of good repute and financially responsible and that the proposed
    28  place of business is proper, the [board] commission shall
    29  transfer the restaurant liquor license for the performing arts
    30  facility.
    19870H1000B1102                 - 73 -

     1     (d)  The license shall be transferred for the same period of
     2  time as provided for restaurant licenses and shall be renewed as
     3  provided in section 402. The license shall terminate upon
     4  revocation by the [board] commission or upon termination and
     5  nonrenewal of the contract between the concessionaire and such
     6  person.
     7     (e)  The annual fee for a performing arts facility shall be
     8  as provided in section 405 and shall accompany the application
     9  for the license. Whenever and if a concessionaire's contract
    10  terminates and is not renewed the license shall be returned to
    11  the for cancellation and the [board] commission may transfer a
    12  restaurant liquor license purchased by a subsequent applicant.
    13     (f)  The penal sum of the bond which shall be filed by an
    14  applicant for a performing arts facility pursuant to section 465
    15  shall be two thousand dollars ($2,000).
    16     (g)  Sales by the holder of a performing arts facility
    17  license may be made except to those persons prohibited under
    18  clause (1) of section 493 on [board-approved] commission-
    19  approved service areas of the premises of such a facility for
    20  the performing arts during the hours in which the performance is
    21  being held and up to one hour before the scheduled opening and
    22  one hour after the scheduled closing, but such sales may not be
    23  made beyond the hours expressed in the code for the sale of
    24  liquor and malt or brewed beverages by restaurant licensees:
    25  Provided, however, That such sales may be made on Sunday between
    26  the hours of one o'clock postmeridian and ten o'clock
    27  postmeridian, irrespective of the volume of food sales.
    28     (h)  Whenever a contract with a concessionaire is terminated
    29  prior to the expiration date provided in the contract between
    30  such person and the concessionaire and is not renewed, such
    19870H1000B1102                 - 74 -

     1  person may apply to the [board] commission for the transfer of a
     2  restaurant liquor license purchased by such person, or may
     3  select and certify to the [board] commission a different
     4  concessionaire which concessionaire shall apply to the [board]
     5  commission for the transfer of a restaurant liquor license
     6  purchased by such concessionaire. If the applicant meets the
     7  requirements of the [board] commission as herein provided, a
     8  transfer shall thereupon occur. If any such performing arts
     9  facility license is revoked, the [board] commission shall
    10  transfer a license for any qualified applicant who has purchased
    11  a restaurant liquor license without regard to the prohibition in
    12  section 471, against the grant of a license at the same premises
    13  for a period of at least one year.
    14     (i)  Performing arts licenses shall not be subject to the
    15  provisions of section 404 except insofar as they relate to the
    16  reputation of the applicant nor to the provisions of section
    17  463, nor to the provisions of clause (10) of section 493.
    18     (j)  Sales under such licenses (including food sales) may be
    19  limited by the licensee to portions of the events scheduled in
    20  the facility of the performing arts. Provided food is offered
    21  for sale when sales are made under the license, such food may be
    22  catered from off the premises.
    23     Section 38.  Section 408.8 of the act, added December 17,
    24  1982 (P.L.1390, No.319), is reenacted and amended to read:
    25     Section 408.8.  Trade Shows and Convention Licenses; Cities
    26  of the Third Class.--(a)  The [board] commission is authorized
    27  to issue a restaurant liquor license to a nonprofit corporation
    28  or to a concessionaire selected by such nonprofit corporation in
    29  any city of the third class for the retail sale of liquor and
    30  malt or brewed beverages by the glass, open bottles or other
    19870H1000B1102                 - 75 -

     1  container or in any mixture for consumption on any city-owned
     2  premises customarily used or available for use for trade shows
     3  and conventions with a capacity within the premises for one
     4  thousand people or more: Provided, however, That no sale or
     5  consumption of such beverages shall take place on any portions
     6  of such premises other than service areas approved by the
     7  [board] commission.
     8     (b)  An application for the issuance may be filed at any time
     9  by a nonprofit corporation operating such a facility for trade
    10  shows or conventions or by a concessionaire selected by such
    11  nonprofit corporation. Any such license granted under these
    12  provisions need not conform to the requirements of the act
    13  relating to restaurant liquor licenses, except as provided
    14  herein. Applicant shall submit such other information as the
    15  [board] commission may require. Applications shall be in writing
    16  on forms prescribed by the [board] commission and shall be
    17  signed and submitted to the [board] commission by the applicant.
    18  The filing fee which shall accompany the license application
    19  shall be thirty dollars ($30).
    20     (c)  Upon receipt of the application in proper form and the
    21  application fee, and upon being satisfied that the applicant is
    22  of good repute and financially responsible and that the proposed
    23  place of business is proper, the [board] commission shall issue
    24  the restaurant liquor license for the trade show or convention
    25  facility.
    26     (d)  The license shall be issued for the same period of time
    27  as provided for restaurant licenses and shall be renewed as
    28  provided in section 402. The license shall terminate upon
    29  revocation by the [board] commission or upon termination and
    30  nonrenewal of the contract between the concessionaire and such
    19870H1000B1102                 - 76 -

     1  nonprofit corporation.
     2     (e)  The annual fee for a trade show or convention facility
     3  shall be as provided in section 405 and shall accompany the
     4  application for the license. Whenever and if a concessionaire's
     5  contract terminates and is not renewed, the license shall be
     6  returned to the [board] commission for cancellation but the
     7  [board] commission may issue a restaurant liquor license to a
     8  subsequent application.
     9     (f)  The penal sum of the bond which shall be filed by an
    10  applicant for a trade show or convention facility pursuant to
    11  section 465 shall be two thousand dollars ($2,000).
    12     (g)  Sales by the holder of a trade show or convention
    13  facility license may be made except to those persons prohibited
    14  under clause (1) of section 493 on [board-approved] commission-
    15  approved service areas of the premises of such a facility for
    16  trade shows or conventions during the hours in which the trade
    17  show or convention is being held and up to one hour before the
    18  scheduled opening and one hour after the scheduled closing, but
    19  such sales may not be made beyond the hours expressed in the
    20  code for the sale of liquor and malt or brewed beverages by
    21  restaurant licensees: Provided, however, That such sales may be
    22  made on Sunday between the hours of one o'clock postmeridian and
    23  ten o'clock postmeridian, irrespective of the volume of food
    24  sales.
    25     (h)  Whenever a contract with a concessionaire is terminated
    26  prior to the expiration date provided in the contract between
    27  such nonprofit corporation and the concessionaire and is not
    28  renewed, such nonprofit corporation may apply to the [board]
    29  commission for the issuance of a restaurant liquor license or
    30  may select and certify to the [board] commission a different
    19870H1000B1102                 - 77 -

     1  concessionaire which concessionaire shall apply to the [board]
     2  commission for issuance of a restaurant liquor license. If the
     3  applicant meets the requirements of the [board] commission as
     4  herein provided, the issuance shall thereupon occur. If any such
     5  trade show or convention license is revoked, the [board]
     6  commission shall issue a new license to any qualified applicant
     7  without regard to the prohibition in section 471 against the
     8  grant of a license at the same premises for a period of at least
     9  one year.
    10     (i)  Licenses issued under the provisions of this section
    11  shall not be subject to the quota restrictions of section 461.
    12     (j)  Trade show or convention licenses shall not be subject
    13  to the provisions of section 404 except insofar as they relate
    14  to the reputation of the applicant nor to the provisions of
    15  sections 461 and 463 nor to the provisions of clause (10) of
    16  section 493.
    17     (k)  Sales under such licenses (including food sales) may be
    18  limited by the licensee to patrons of the events scheduled in
    19  the facility for trade shows or conventions. Provided food is
    20  offered for sale when sales are made under the license, such
    21  food may be catered from off the premises.
    22     Section 39.  Section 408.9 of the act, added May 9, 1984
    23  (P.L.246, No.54), is reenacted and amended to read:
    24     Section 408.9.  Stadium and Restaurant Licenses in Third
    25  Class Cities.--The [board] commission is authorized to issue one
    26  restaurant license in any city of the third class for the retail
    27  sale of liquor and malt or brewed beverages by the glass, open
    28  bottles or other containers, and in any mixture, for consumption
    29  in any restaurant which is located not more than one thousand
    30  feet from a stadium which has a seating capacity of five
    19870H1000B1102                 - 78 -

     1  thousand persons, situate on the same lot or parcel of land not
     2  less than twenty-five acres in size with no intervening public
     3  thoroughfare between the restaurant and the stadium.
     4     Section 40.  Section 409 of the act, amended February 17,
     5  1956 (1955 P.L.1078, No.349) and September 28, 1961 (P.L.1728,
     6  No.702), is reenacted and amended to read:
     7     Section 409.  Sacramental Wine Licenses; Fees; Privileges;
     8  Restrictions.--(a)  Subject to the provisions of this act in
     9  general and more particularly to the following provisions of
    10  this section, the [board] commission shall issue sacramental
    11  wine licenses to qualified applicants.
    12     (b)  Every applicant for a sacramental wine license shall
    13  file a written application with the [board] commission in such
    14  form as the [board] commission shall from time to time
    15  prescribe, which shall be accompanied by a filing fee of twenty
    16  dollars ($20), a license fee of one hundred dollars, and a bond
    17  as hereinafter prescribed. Every such application shall contain
    18  a description of the premises for which the applicant desires a
    19  license and shall set forth such other material information as
    20  may be required by the [board] commission.
    21     (c)  If the applicant is a natural person, his application
    22  must show that he is a citizen of the United States and a
    23  resident of this Commonwealth. If the applicant is an
    24  association or partnership, each and every member of the
    25  association or partnership must be a citizen of the United
    26  States and a resident of this Commonwealth. If the applicant is
    27  a corporation, the application must show that the corporation
    28  was created under the laws of Pennsylvania or holds a
    29  certificate of authority to transact business in Pennsylvania,
    30  and that all officers, directors and stockholders are citizens
    19870H1000B1102                 - 79 -

     1  of the United States.
     2     (d)  Holders of such licenses may purchase from manufacturers
     3  or bring or import into this Commonwealth wine to be used for
     4  sacramental or religious purposes only, and bottle and sell the
     5  same to priests, clergymen and rabbis for use in the cathedral,
     6  church, synagogue or temple, or for sustaining members of the
     7  congregation or members of the faith who attend religious
     8  services, duly certified by such priests, clergymen or rabbis.
     9  The sale and use of wine for sacramental or religious purposes
    10  shall be subject to and in accordance with the regulations of
    11  the [board] commission.
    12     (e)  Any wine purchased under the authority of this section
    13  shall not be used for any other than sacramental or religious
    14  purposes. Sacramental wine may not be sold by any person except
    15  the holder of a sacramental wine license.
    16     (f)  Every sacramental wine licensee shall maintain on the
    17  licensed premises such records as the [board] commission may
    18  prescribe. No deliveries of sacramental wine shall be made
    19  unless and until an order therefor is on file at the principal
    20  place of business in Pennsylvania. All shipments into
    21  Pennsylvania of wine to be used for sacramental or religious
    22  purposes shall be consigned to the principal place of business
    23  maintained by the licensee.
    24     (g)  Any such license may be suspended or revoked by the
    25  [board] commission upon proof satisfactory to it that the
    26  licensee has violated any law of this Commonwealth or any
    27  regulation of the [board] commission relating to liquor and
    28  alcohol. The procedure in such cases shall be the same as for
    29  the revocation and suspension of hotel, restaurant and club
    30  licenses.
    19870H1000B1102                 - 80 -

     1     Section 41.  Section 410 of the act, amended September 28,
     2  1961 (P.L.1728, No.702), is reenacted and amended to read:
     3     Section 410.  Liquor Importers' Licenses; Fees; Privileges;
     4  Restrictions.--(a)  Subject to the provisions of this act in
     5  general and more particularly to the following provisions of
     6  this section, the [board] commission shall issue liquor
     7  importers' licenses to qualified applicants.
     8     (b)  Every applicant for an importer's license shall file a
     9  written application with the [board] commission in such form as
    10  the shall from time to time prescribe, which shall be
    11  accompanied by a filing fee of twenty dollars ($20), a license
    12  fee of one hundred dollars, and a bond as hereinafter required.
    13  Every such application shall contain a description of the
    14  principal place of business for which the applicant desires a
    15  license and shall set forth such other material information as
    16  may be required by the [board] commission.
    17     (c)  The holder of an importer's license may have included in
    18  such license one warehouse wherein only his liquor may be kept
    19  and stored, located in the same municipality in which his
    20  licensed premises is situate, and not elsewhere, unless such
    21  licensee secures from the [board] commission a license for each
    22  additional storage warehouse desired. The [board] commission is
    23  authorized and empowered to issue to a holder of an importer's
    24  license a license for an additional storage warehouse or
    25  warehouses located in this Commonwealth, provided such licensed
    26  importer files with the [board] commission a separate
    27  application for each warehouse in such form and containing such
    28  information as the [board] commission may from time to time
    29  require, accompanied by a filing fee of twenty dollars ($20), a
    30  license fee of twenty-five dollars, and a bond of an approved
    19870H1000B1102                 - 81 -

     1  surety company in the amount of ten thousand dollars. Such bond
     2  shall contain the same provisions and conditions as are required
     3  in the other license bonds under this article.
     4     (d)  If the applicant is a natural person, his application
     5  must show that he is a citizen of the United States and a
     6  resident of this Commonwealth. If the applicant is an
     7  association or partnership, each and every member of the
     8  association or partnership must be a citizen of the United
     9  States and a resident of this Commonwealth. If the applicant is
    10  a corporation, the application must show that the corporation
    11  was created under the laws of Pennsylvania or holds a
    12  certificate of authority to transact business in Pennsylvania,
    13  and that all officers, directors and stockholders are citizens
    14  of the United States.
    15     (e)  Importers' licenses shall permit the holders thereof to
    16  bring or import liquor from other states, foreign countries, or
    17  insular possessions of the United States, and purchase liquor
    18  from manufacturers located within this Commonwealth, to be sold
    19  outside of this Commonwealth or to Pennsylvania Liquor Stores
    20  within this Commonwealth, or when in original containers of ten
    21  gallons or greater capacity, to licensed manufacturers within
    22  this Commonwealth.
    23     All importations of liquor into Pennsylvania by the licensed
    24  importer shall be consigned to the [Pennsylvania Liquor Control
    25  Board] commission or the principal place of business or
    26  authorized place of storage maintained by the licensee.
    27     (f)  Every importer shall maintain on the licensed premises
    28  such records as the [board] commission may prescribe. Any such
    29  license may be suspended or revoked by the [board] commission
    30  upon proof satisfactory to it that the licensee has violated any
    19870H1000B1102                 - 82 -

     1  law of this Commonwealth or any regulation of the [board]
     2  commission relating to liquor and alcohol. The procedure in such
     3  cases shall be the same as for the revocation and suspension of
     4  hotel, restaurant and club licenses.
     5     Section 42.  Section 411 of the act, amended July 9, 1976
     6  (P.L.963, No.188), is reenacted to read:
     7     Section 411.  Interlocking Business Prohibited.--(a)  No
     8  manufacturer and no officer or director of any manufacturer
     9  shall at the same time be a holder of a hotel, restaurant or
    10  club liquor license, nor be the owner, proprietor or lessor of
    11  any place covered by any hotel, restaurant or club liquor
    12  license.
    13     (b)  No manufacturer, importer or sacramental wine licensee,
    14  and no officer or director of a manufacturer, importer or
    15  sacramental wine licensee shall own any stock or have any
    16  financial interest in any hotel or restaurant licensed under
    17  this act.
    18     (c)  Excepting as herein provided, no manufacturer, or
    19  officer, director, stockholder, agent or employe of a
    20  manufacturer shall in any wise be interested, either directly or
    21  indirectly, in the ownership or leasehold of any property or the
    22  equipment of any property or any mortgage lien against the same,
    23  for which a hotel, restaurant or club license is granted; nor
    24  shall a manufacturer, importer or sacramental wine licensee, or
    25  officer, director, stockholder, agent or employe of a
    26  manufacturer, importer or sacramental wine licensee, either
    27  directly or indirectly, lend any moneys, credit, or give
    28  anything of value or the equivalent thereof to, or guarantee the
    29  payment of any bond, mortgage, note or other obligation of, any
    30  hotel, restaurant or club licensee, his servant, agent or
    19870H1000B1102                 - 83 -

     1  employe, for equipping, fitting out, or maintaining and
     2  conducting, either in whole or in part, a hotel, restaurant or
     3  club licensed for the selling of liquor for use and consumption
     4  upon the premises.
     5     (d)  Excepting as herein provided, no hotel licensee,
     6  restaurant licensee or club licensee, and no officer, director,
     7  stockholder, agent or employe of any such licensee shall in any
     8  wise be interested, either directly or indirectly, in the
     9  ownership or leasehold of any property or the equipment of any
    10  property or any mortgage lien against the same, used by a
    11  manufacturer in manufacturing liquor or malt or brewed
    12  beverages; nor shall any hotel, restaurant or club licensee, or
    13  any officer, director, stockholder, agent or employe of any such
    14  licensee, either directly or indirectly, lend any moneys,
    15  credit, or give anything of value or the equivalent thereof, to
    16  any manufacturer for equipping, fitting out, or maintaining and
    17  conducting, either in whole or in part, an establishment used
    18  for the manufacture of liquor or malt or brewed beverages.
    19     (e)  Except as herein provided, no hotel, restaurant, retail
    20  dispenser or club licensee, and no officer, director or
    21  stockholder, agent or employe of any such licensee shall in any
    22  wise be interested, directly or indirectly, in the ownership or
    23  leasehold of any property or the equipment of any property or
    24  any mortgage lien against the same, used by a distributor,
    25  importing distributor, or by an importer or sacramental wine
    26  licensee, in the conduct of his business; nor shall any hotel,
    27  restaurant, retail dispenser or club licensee, or any officer,
    28  director, stockholder, agent or employe of any such licensee,
    29  either directly or indirectly, lend any moneys, credit, or give
    30  anything of value or the equivalent thereof, to any distributor,
    19870H1000B1102                 - 84 -

     1  importing distributor, importer or sacramental wine licensee,
     2  for equipping, fitting out, or maintaining and conducting,
     3  either in whole or in part, an establishment used in the conduct
     4  of his business.
     5     The purpose of this section is to require a separation of the
     6  financial and business interests between manufacturers and
     7  holders of hotel or restaurant liquor licenses and, as herein
     8  provided, of club licenses, issued under this article, and no
     9  person shall, by any device whatsoever, directly or indirectly,
    10  evade the provisions of the section. But in view of existing
    11  economic conditions, nothing contained in this section shall be
    12  construed to prohibit the ownership of property or conflicting
    13  interest by a manufacturer of any place occupied by a licensee
    14  under this article after the manufacturer has continuously owned
    15  and had a conflicting interest in such place for a period of at
    16  least five years prior to July eighteenth, one thousand nine
    17  hundred thirty-five: Provided, however, That this clause shall
    18  not prohibit any hotel, restaurant or club liquor licensee from
    19  owning land which is leased to, and the buildings thereon owned
    20  by, a holder of a retail dispenser's license; and nothing in
    21  this clause shall prevent the issuance of a retail dispenser's
    22  license to a lessee of such lands who owns the buildings
    23  thereon: And, provided further, That nothing contained in this
    24  section shall be construed to prohibit any hotel, restaurant,
    25  retail dispenser or club licensee or any officer, director or
    26  stockholder, agent or employe of any such licensee from having a
    27  financial or other interest, directly or indirectly in the
    28  ownership or leasehold of any property or the equipment of any
    29  property or any mortgage lien against same, used, leased by an
    30  importer or sacramental wine licensee for the exclusive purpose
    19870H1000B1102                 - 85 -

     1  of maintaining commercial offices and on the condition that said
     2  property is not used for the storage or sale of liquor or malt
     3  or brewed beverages in any quantity.
     4     Section 43.  The heading of Subdivision (B) of Article IV of
     5  the act is reenacted to read:
     6     (B)  Malt and Brewed Beverages (Including Manufacturers).
     7     Section 44.  Section 431 of the act, amended August 17, 1965
     8  (P.L.346, No.182), October 9, 1967 (P.L.395, No.179), May 5,
     9  1970 (P.L.342, No.110) and June 22, 1980 (P.L.253, No.73), is
    10  reenacted and amended to read:
    11     Section 431.  Malt and Brewed Beverages Manufacturers',
    12  Distributors' and Importing Distributors' Licenses.--(a)  The
    13  [board] commission shall issue to any person a resident of this
    14  Commonwealth of good repute who applies therefor, pays the
    15  license fee hereinafter prescribed, and files the bond
    16  hereinafter required, a manufacturer's license to produce and
    17  manufacture malt or brewed beverages, and to transport, sell and
    18  deliver malt or brewed beverages at or from one or more places
    19  of manufacture or storage, only in original containers, in
    20  quantities of not less than a case of twenty-four containers,
    21  each container holding seven fluid ounces or more, or a case of
    22  twelve containers, each container holding twenty-four fluid
    23  ounces or more, except original containers containing one
    24  hundred twenty-eight ounces or more which may be sold separately
    25  anywhere within the Commonwealth. Licenses for places of storage
    26  shall be limited to those maintained by manufacturers on July
    27  eighteenth, one thousand nine hundred thirty-five, and the
    28  [board] commission shall issue no licenses for places of storage
    29  in addition to those maintained on July eighteenth, one thousand
    30  nine hundred thirty-five. The application for such license shall
    19870H1000B1102                 - 86 -

     1  be in such form and contain such information as the [board]
     2  commission shall require. All such licenses shall be granted for
     3  the calendar year. Every manufacturer shall keep at his or its
     4  principal place of business, within the Commonwealth daily
     5  permanent records which shall show, (1) the quantities of raw
     6  materials received and used in the manufacture of malt or brewed
     7  beverages and the quantities of malt or brewed beverages
     8  manufactured and stored, (2) the sales of malt or brewed
     9  beverages, (3) the quantities of malt or brewed beverages stored
    10  for hire or transported for hire by or for the licensee, and (4)
    11  the names and addresses of the purchasers or other recipients
    12  thereof. Every place licensed as a manufacturer shall be subject
    13  to inspection by members of the [board] commission or by persons
    14  duly authorized and designated by the [board] commission, at any
    15  and all times of the day or night, as they may deem necessary,
    16  for the detection of violations of this act or of the rules and
    17  regulations of the [board] commission, or for the purpose of
    18  ascertaining the correctness of the records required to be kept
    19  by licensees. The books and records of such licensees shall at
    20  all times be open to inspection by members of the [board]
    21  commission or by persons duly authorized and designated by the
    22  [board] commission. Members of the [board] commission and its
    23  duly authorized agents shall have the right, without hindrance,
    24  to enter any place which is subject to inspection hereunder or
    25  any place where such records are kept for the purpose of making
    26  such inspections and making transcripts thereof.
    27     (b)  The [board] commission shall issue to any reputable
    28  person who applies therefor, pays the license fee hereinafter
    29  prescribed, and files the bond hereinafter required, a
    30  distributor's or importing distributor's license for the place
    19870H1000B1102                 - 87 -

     1  which such person desires to maintain for the sale of malt or
     2  brewed beverages, not for consumption on the premises where
     3  sold, and in quantities of not less than twenty-four containers,
     4  each container holding seven fluid ounces or more, or twelve
     5  containers, each container holding twenty-four fluid ounces or
     6  more, except original containers containing one hundred twenty-
     7  eight ounces or more which may be sold separately and such
     8  containers to be the original containers as prepared for the
     9  market by the manufacturer at the place of manufacture: And
    10  provided further, That the [board] commission shall have the
    11  discretion to refuse a license to any person or to any
    12  corporation, partnership or association if such person, or any
    13  officer or director of such corporation, or any member or
    14  partner of such partnership or association shall have been
    15  convicted or found guilty of a felony within a period of five
    16  years immediately preceding the date of application for the said
    17  license.
    18     Except as hereinafter provided, such license shall authorize
    19  the holder thereof to sell or deliver malt or brewed beverages
    20  in quantities above specified anywhere within the Commonwealth
    21  of Pennsylvania, which, in the case of distributors, have been
    22  purchased only from persons licensed under this act as
    23  manufacturers or importing distributors, and in the case of
    24  importing distributors, have been purchased from manufacturers
    25  or persons outside this Commonwealth engaged in the legal sale
    26  of malt or brewed beverages or from manufacturers or importing
    27  distributors licensed under this article.
    28     Each out of State manufacturer of malt or brewed beverages
    29  whose products are sold and delivered in this Commonwealth shall
    30  give distributing rights for such products in designated
    19870H1000B1102                 - 88 -

     1  geographical areas to specific importing distributors, and such
     2  importing distributor shall not sell or deliver malt or brewed
     3  beverages manufactured by the out of State manufacturer to any
     4  person issued a license under the provisions of this act whose
     5  licensed premises are not located within the geographical area
     6  for which he has been given distributing rights by such
     7  manufacturer: Provided, That the importing distributor holding
     8  such distributing rights for such product shall not sell or
     9  deliver the same to another importing distributor without first
    10  having entered into a written agreement with the said secondary
    11  importing distributor setting forth the terms and conditions
    12  under which such products are to be resold within the territory
    13  granted to the primary importing distributor by the
    14  manufacturer.
    15     When a Pennsylvania manufacturer of malt or brewed beverages
    16  licensed under this article names or constitutes a distributor
    17  or importing distributor as the primary or original supplier of
    18  his product, he shall also designate the specific geographical
    19  area for which the said distributor or importing distributor is
    20  given distributing rights, and such distributor or importing
    21  distributor shall not sell or deliver the products of such
    22  manufacturer to any person issued a license under the provisions
    23  of this act whose licensed premises are not located within the
    24  geographical area for which distributing rights have been given
    25  to the distributor and importing distributor by the said
    26  manufacturer: Provided, That the importing distributor holding
    27  such distributing rights for such product shall not sell or
    28  deliver the same to another importing distributor without first
    29  having entered into a written agreement with the said secondary
    30  importing distributor setting forth the terms and conditions
    19870H1000B1102                 - 89 -

     1  under which such products are to be resold within the territory
     2  granted to the primary importing distributor by the
     3  manufacturer. Nothing herein contained shall be construed to
     4  prevent any manufacturer from authorizing the importing
     5  distributor holding the distributing rights for a designated
     6  geographical area from selling the products of such manufacturer
     7  to another importing distributor also holding distributing
     8  rights from the same manufacturer for another geographical area,
     9  providing such authority be contained in writing and a copy
    10  thereof be given to each of the importing distributors so
    11  affected.
    12     (c)  The aforesaid licenses shall be issued only to reputable
    13  individuals, partnerships and associations who are, or whose
    14  members are, citizens of the United States and have for two
    15  years prior to the date of their applications been residents of
    16  the Commonwealth of Pennsylvania or to reputable corporations
    17  organized or duly registered under the laws of the Commonwealth
    18  of Pennsylvania. Such licenses shall be issued to corporations
    19  duly organized or registered under the laws of the Commonwealth
    20  of Pennsylvania only when it appears that all of the officers
    21  and directors of the corporation are citizens of the United
    22  States and have been residents of the Commonwealth of
    23  Pennsylvania for a period of at least two years prior to the
    24  date of application, and that at least fifty-one per centum of
    25  the capital stock of such corporation is actually owned by
    26  individuals who are citizens of the United States and have been
    27  residents of the Commonwealth of Pennsylvania for a period of at
    28  least two years prior to the date of application: Provided, That
    29  the provisions of this subsection with respect to residence
    30  requirements shall not apply to individuals, partners, officers,
    19870H1000B1102                 - 90 -

     1  directors and owners of capital stock, of corporations licensed
     2  or applying for licenses as manufacturers of malt or brewed
     3  beverages, nor shall the provisions of this subsection with
     4  respect to stockholder requirements apply to corporations
     5  licensed or applying for licenses as manufacturers of malt or
     6  brewed beverages.
     7     (d)  (1)  All distributing rights as hereinabove required
     8  shall be in writing, shall be equitable in their provisions and
     9  shall be substantially similar as to terms and conditions with
    10  all other distributing rights agreements between the
    11  manufacturer giving such agreement and its other importing
    12  distributors and distributors shall not be modified, cancelled,
    13  terminated or rescinded by the manufacturer without good cause,
    14  and shall contain a provision in substance or effect as follows:
    15  "The manufacturer recognizes that the importing distributor and
    16  distributor are free to manage their business in the manner the
    17  importing distributor and distributor deem best and that this
    18  prerogative vests in the importing distributor and distributor
    19  the exclusive right to establish a selling price, to select the
    20  brands of malt or brewed beverages they wish to handle and to
    21  determine the efforts and resources which the importing
    22  distributor and distributor will exert to develop and promote
    23  the same of the manufacturer's products handled by the importing
    24  distributor and distributor. However, the manufacturer expects
    25  that the importing distributor and distributor will price
    26  competitively the products handled by them, devote reasonable
    27  effort and resources to the sale of such products and maintain a
    28  reasonable sales level." "Good cause" shall mean the failure by
    29  any party to an agreement, without reasonable excuse or
    30  justification, to comply substantially with an essential,
    19870H1000B1102                 - 91 -

     1  reasonable and commercially acceptable requirement imposed by
     2  the other party under the terms of an agreement.
     3     (2)  After January 1, 1980, no manufacturer shall enter into
     4  any agreement with more than one distributor or importing
     5  distributor for the purpose of establishing more than one
     6  agreement for designated brand or brands of malt or brewed
     7  beverages in any one territory. Each franchise territory which
     8  is granted by a manufacturer shall be geographically contiguous.
     9     (3)  Except for discontinuance of a brand or a valid
    10  termination for good cause, the purchaser of the assets of the
    11  manufacturer as defined in this act shall become obligated to
    12  all the territorial and brand designations of the agreement in
    13  effect on the date of purchase. Purchase of assets as defined
    14  for the purposes of this act shall include, but not be limited
    15  to, the sale of stock, sale of assets, merger, lease, transfer
    16  or consolidation.
    17     (4)  The court of common pleas of the county wherein the
    18  licensed premises of the importing distributor or distributor
    19  are located is hereby vested with jurisdiction and power to
    20  enjoin the modification, rescission, cancellation or termination
    21  of a franchise or agreement between a manufacturer and an
    22  importing distributor or distributor at the instance of such
    23  importing distributor or distributor who is or might be
    24  adversely affected by such modification, rescission,
    25  cancellation or termination, and in granting an injunction the
    26  court shall provide that no manufacturer shall supply the
    27  customers or territory of the importing distributor or
    28  distributor by servicing the territory or customers through
    29  other importing distributors or distributors or any other means
    30  while the injunction is in effect: Provided, however, That any
    19870H1000B1102                 - 92 -

     1  injunction issued under this subsection shall require the
     2  posting of sufficient bond against damages arising from an
     3  injunction improvidently granted and a showing that the danger
     4  of irrevocable loss or damage is immediate and that during the
     5  pendency of such injunction the importing distributor or
     6  distributor shall continue to service the accounts of the
     7  manufacturer in good faith.
     8     (5)  The provisions of this subsection shall not apply to
     9  Pennsylvania manufacturers whose principal place of business is
    10  located in Pennsylvania unless they name or constitute a
    11  distributor or importing distributor as a primary or original
    12  supplier of their products subsequent to the effective date of
    13  this act, or unless such Pennsylvania manufacturers have named
    14  or constituted a distributor or importing distributor as a
    15  primary or original supplier of their products prior to the
    16  effective date of this act, and which status is continuing when
    17  this act becomes effective.
    18     Section 45.  Section 432 of the act, amended January 19, 1952
    19  (1951 P.L.2170, No.619), June 19, 1961 (P.L.482, No.244),
    20  October 9, 1967 (P.L.392, No.177) and May 9, 1984 (P.L.246,
    21  No.54), is reenacted and amended to read:
    22     Section 432.  Malt and Brewed Beverages Retail Licenses.--(a)
    23  Subject to the restrictions hereinafter provided in this act,
    24  and upon being satisfied of the truth of the statements in the
    25  application, that the premises and the applicant meet all the
    26  requirements of this act and the regulations of the [board]
    27  commission, that the applicant seeks a license for a reputable
    28  hotel, eating place or club, as defined in this act, the [board]
    29  commission shall, in the case of a hotel or eating place, grant
    30  and issue, and in the case of a club may, in its discretion,
    19870H1000B1102                 - 93 -

     1  issue or refuse the applicant a retail dispenser's license.
     2     (b)  In the case of hotels and eating places, licenses shall
     3  be issued only to reputable persons who are citizens of the
     4  United States and have for two years been residents of the
     5  Commonwealth of Pennsylvania at the date of their application,
     6  or to reputable corporations organized or duly registered under
     7  the laws of the Commonwealth of Pennsylvania, all of whose
     8  officers and directors are citizens of the United States. In the
     9  case of incorporated clubs, licenses shall be issued only to
    10  those incorporated under the laws of Pennsylvania.
    11     (c)  No retail dispenser's licenses shall be granted or
    12  renewed upon their expiration in any municipality in which the
    13  electors shall vote, as hereinafter provided, against the
    14  licensing therein of places where malt or brewed beverages may
    15  be sold for consumption on the premises where sold.
    16     (d)  The [board] commission shall, in its discretion, grant
    17  or refuse any new license or the transfer of any license to a
    18  new location 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] commission, or if such new license or transfer is
    24  applied for a place where the principal business conducted is
    25  the sale of liquid fuels and oil. The [board] commission shall
    26  refuse any application for a new license or the transfer of any
    27  license to a new location if, in the [board's] commission's
    28  opinion, such new license or transfer would be detrimental to
    29  the welfare, health, peace and morals of the inhabitants of the
    30  neighborhood within a radius of five hundred feet of the place
    19870H1000B1102                 - 94 -

     1  to be licensed. The [board] commission shall not issue new
     2  licenses, except as herein otherwise provided, in any license
     3  district more than twice each license year effective from
     4  specific dates fixed by the [board] commission, and new licenses
     5  shall not be granted unless the application therefor shall have
     6  been filed at least thirty days before the effective date of the
     7  license. Nothing herein contained shall prohibit the [board]
     8  commission from issuing a new license for the balance of any
     9  unexpired term in any license district to any applicant in such
    10  district, who shall have become eligible to hold such license as
    11  the result of legislative enactment, when such enactment shall
    12  have taken place during the license term of that district for
    13  which application is made, or within the thirty days immediately
    14  preceding such term: And provided further, That the [board]
    15  commission shall have the discretion to refuse a license to any
    16  person or to any corporation, partnership or association if such
    17  person, or any officer or director of such corporation, or any
    18  member or partner of such partnership or association shall have
    19  been convicted or found guilty of a felony within a period of
    20  five years immediately preceding the date of application for the
    21  said license.
    22     (e)  Every applicant for a new or for the transfer of an
    23  existing license to another premises not then licensed shall
    24  post, for a period of at least fifteen days beginning with the
    25  day the application is filed with the [board] commission, in a
    26  conspicuous place on the outside of the premises or in a window
    27  plainly visible from the outside of the premises for which the
    28  license is applied or at the proposed new location, a notice of
    29  such application, in such form, of such size, and containing
    30  such provisions as the [board] commission may require by its
    19870H1000B1102                 - 95 -

     1  regulations. Proof of the posting of such notice shall be filed
     2  with the [board] commission.
     3     (f)  Hotel, eating places, or municipal golf course retail
     4  dispenser licensees whose sales of food and nonalcoholic
     5  beverages are equal to forty per centum (40%) or more of the
     6  combined gross sales of both food and malt or brewed beverages
     7  may sell malt or brewed beverages between the hours of eleven
     8  o'clock antemeridian on Sunday and two o'clock antemeridian on
     9  Monday upon purchase of a special annual permit from the [board]
    10  commission at a fee of two hundred dollars ($200.00) per year,
    11  which shall be in addition to any other license fees. Provided
    12  further, the holder of such special annual permit may sell malt
    13  or brewed beverages after seven o'clock antemeridian and until
    14  two o'clock antemeridian of the following day, on any day on
    15  which a general, municipal, special or primary election is being
    16  held.
    17     Section 46.  Section 433 of the act is reenacted and amended
    18  to read:
    19     Section 433.  Public Service Licenses.--The [board]
    20  commission may issue public service malt and brewed beverage
    21  licenses to a railroad, pullman or steamship company permitting
    22  malt or brewed beverages to be sold at retail in dining, club or
    23  buffet cars, or the dining compartments of steamships or
    24  vessels, for consumption on the trains, steamships or vessels
    25  wherever operated in the State, except when standing in stations
    26  or terminals within a municipality wherein retail sales are
    27  prohibited. Such licenses shall only be granted to reputable
    28  persons and for fit places. The [board] commission may issue a
    29  master license to railroad or pullman companies to cover the
    30  maximum number of cars which the company shall estimate that it
    19870H1000B1102                 - 96 -

     1  will operate within the Commonwealth on any one day. Such
     2  licensees shall file monthly reports with the [board] commission
     3  showing the maximum number of cars operated at any time on any
     4  day during the preceding month, and if it appears that more cars
     5  have been operated than covered by its license it shall
     6  forthwith remit to the [board] commission the sum of ten dollars
     7  for each extra car so operated. The [board] commission shall
     8  have the power to suspend or revoke any such licenses for cause
     9  after granting a hearing [thereon] before an administrative law
    10  judge to the licensee. Any person aggrieved by the decision of
    11  the [board] commission in refusing, suspending or revoking any
    12  such license may appeal to [the court of quarter sessions of
    13  Dauphin County] Commonwealth Court in the same manner as
    14  provided in this article for appeals from refusals of licenses.
    15     Section 47.  Section 433.1 of the act, added July 10, 1961
    16  (P.L.561, No.275), amended November 17, 1967 (P.L.510, No.247)
    17  and December 16, 1982 (P.L.1359, No.311), is reenacted and
    18  amended to read:
    19     Section 433.1.  Stadium or Arena Permits.--(a)  The [board]
    20  commission is hereby authorized to issue, in cities of the
    21  first, second and third class, in counties of the third class
    22  and in school districts in counties of the third class, special
    23  permits allowing the holders thereof to make retail sales of
    24  malt or brewed beverages in shatterproof containers at all
    25  events on premises principally utilized for competition of
    26  professional and amateur athletes and other types of
    27  entertainment having an available seating capacity of twelve
    28  thousand or more in cities of the first and second class and
    29  seven thousand or more and owned by the city in cities of the
    30  third class and four thousand two hundred or more and owned by
    19870H1000B1102                 - 97 -

     1  counties of the third class and two thousand five hundred or
     2  more in school districts in counties of the third class:
     3  Provided, however, That in cities of the second class this
     4  section shall be applicable only to premises owned, leased or
     5  operated by any authority created under the act of July 29, 1953
     6  (P.L.1034, No.270), known as the "Public Auditorium Authorities
     7  Law." Such sales may be made only to adults and only on days
     8  when the premises are so used and only during the period from
     9  one hour before the start of and ending one-half hour after the
    10  close of the event on the premises: Provided, however, That in
    11  school districts in counties of the third class sales may be
    12  made only during professional athletic competition.
    13     (b)  The owner or lessee or a concessionaire of any such
    14  premises may make application for a permit. The aforesaid
    15  permits shall be issued only to reputable individuals,
    16  partnerships and associations, who are or whose members are
    17  citizens of the United States and have for two years prior to
    18  the date of their applications been residents of the
    19  Commonwealth of Pennsylvania, or to reputable corporations
    20  organized or duly registered under the laws of the Commonwealth
    21  of Pennsylvania, all of whose officers and directors are
    22  citizens of the United States. Each applicant shall furnish
    23  proof satisfactory to the [board] commission that he is of good
    24  repute and financially responsible and that the premises upon
    25  which he proposes to do business is a proper place. The
    26  applicant shall submit such other information as the [board]
    27  commission may require. Applications shall be, in writing on
    28  forms prescribed by the [board] commission, and signed and sworn
    29  to by the applicant. Every application shall be accompanied by
    30  an application fee of twenty-five dollars ($25), a permit fee of
    19870H1000B1102                 - 98 -

     1  one hundred dollars ($100) and a surety bond in the amount of
     2  one thousand dollars ($1000) conditioned the same as the license
     3  bonds required by this act for retail dispenser licenses.
     4     (c)  Upon receipt of the application in proper form, the
     5  application fee, the permit fee and bond, and upon being
     6  satisfied that the applicant is of good repute and financially
     7  responsible and that the proposed place of business is proper,
     8  the [board] commission shall issue a special permit to the
     9  applicant. Only one permit issued under this section shall be in
    10  effect on any such premises at any time.
    11     (d)  No permit shall be transferable or assignable. The
    12  [board] commission may by regulation fix the permit year and
    13  provide for the renewal of such permits. Whenever a permit is
    14  revoked, another may be issued for the same premises to another
    15  applicant upon compliance with the provisions of this section.
    16     (e)  The [board] commission shall have the power to refuse
    17  the issuance of any permit for cause, and to revoke or suspend
    18  any permit for cause or for any violation of the liquor or malt
    19  and brewed beverage laws. Any applicant or holder of a permit
    20  aggrieved by any ruling of the [board] commission or by its
    21  refusal to issue a permit, or by its suspension or revocation
    22  thereof, shall have the right to a hearing and appeal therefrom
    23  in the same manner as provided in sections 464 and 471 of this
    24  act authorizing appeals from orders of the [board] commission or
    25  an administrative law judge.
    26     Section 48.  Section 434 of the act is reenacted and amended
    27  to read:
    28     Section 434.  License Year.--(a)  Licenses issued under this
    29  article to distributors, importing distributors and retail
    30  dispensers shall, unless revoked in the manner provided in this
    19870H1000B1102                 - 99 -

     1  act, be valid for the license year which may be established by
     2  the [board] commission for the particular license district in
     3  which the license issues.
     4     (b)  Malt or brewed beverage licenses issued under this
     5  article to manufacturers and public service companies shall,
     6  unless revoked in the manner herein provided, be valid for the
     7  calendar year for which they are issued. Licenses to such
     8  manufacturers and public service companies may be issued at any
     9  time during a calendar year.
    10     Section 49.  Section 435 of the act, amended September 28,
    11  1961 (P.L.1728, No.702), is reenacted and amended to read:
    12     Section 435.  Filing of Applications for Distributors',
    13  Importing Distributors' and Retail Dispensers' Licenses; Filing
    14  Fee.--Every person intending to apply for a distributor's,
    15  importing distributor's or retail dispenser's license, as
    16  aforesaid, in any municipality of this Commonwealth, shall file
    17  with the [board] commission his or its application. All such
    18  applications shall be filed at a time to be fixed by the [board]
    19  commission for the particular license district as set up by the
    20  [board] commission under the provisions of this act. The
    21  applicant shall, at the time of filing the application and bond,
    22  pay said [board] commission the filing fee of twenty dollars
    23  ($20), as hereinafter specified.
    24     Section 50.  Section 436 of the act, amended June 19, 1961
    25  (P.L.482, No.244) and June 29, 1965 (P.L.151, No.101), is
    26  reenacted and amended to read:
    27     Section 436.  Application for Distributors', Importing
    28  Distributors' and Retail Dispensers' Licenses.--Application for
    29  distributors', importing distributors' and retail dispensers'
    30  licenses, or for the transfer of an existing license to another
    19870H1000B1102                 - 100 -

     1  premises not then licensed, shall contain or have attached
     2  thereto the following information and statements:
     3     (a)  The name and residence of the applicant and how long he
     4  has resided there, and if an association, partnership or
     5  corporation, the residences of the members, officers and
     6  directors for the period of two years next preceding the date of
     7  such application.
     8     (b)  The particular place for which the license is desired
     9  and a detailed description thereof. The description, information
    10  and plans referred to in this subsection shall show the premises
    11  or the proposed location for the construction of the premises at
    12  the time the application is made, and shall show any alterations
    13  proposed to be made thereto, or the new building proposed to be
    14  constructed after the approval by the [board] commission of the
    15  application for a license, or for the transfer of an existing
    16  license to another premises not then licensed. No physical
    17  alterations, improvements or changes shall be required to be
    18  made to any hotel, eating place or club, nor shall any new
    19  building for any such purpose be required to be constructed
    20  until approval of the application for license or for the
    21  transfer of an existing license to another premises not then
    22  licensed by the [board] commission. After approval of the
    23  application, the licensee shall make the physical alterations,
    24  improvements and changes to the licensed premises, or shall
    25  construct the new building in the manner specified by the
    26  [board] commission at the time of approval. The licensee shall
    27  not transact any business under the license until the [board]
    28  commission has approved the completed physical alterations,
    29  improvements and changes of the licensed premises or the
    30  completed construction of the new building as conforming to the
    19870H1000B1102                 - 101 -

     1  specifications required by the [board] commission at the time of
     2  issuance or transfer of the license and is satisfied that the
     3  premises meet the requirements for a distributor's or importing
     4  distributor's license as set forth in this act or that the
     5  establishment is an eating place, hotel or club as defined by
     6  this act. The [board] commission may require that all such
     7  alterations or construction or conformity to definition be
     8  completed within six months from the time of issuance or
     9  transfer of the license. Failure to comply with these
    10  requirements shall be considered cause for revocation of the
    11  license. No such license shall be transferable between the time
    12  of issuance or transfer of the license and the approval of the
    13  completed alterations or construction by the [board] commission
    14  and full compliance by the licensee with the requirements of
    15  this act, except in the case of death of the licensee prior to
    16  full compliance with all of the aforementioned requirements, in
    17  which event the license may be transferred by the [board]
    18  commission as provided in section 468 of this act for the
    19  transfer of the license in the case of death of the licensee.
    20     (c)  Place of birth of applicant, and if a naturalized
    21  citizen, where and when naturalized, and if a corporation
    22  organized or registered under the laws of the Commonwealth, when
    23  and where incorporated, with the names and addresses of each
    24  officer and director, all of whom shall be citizens of the
    25  United States; if the application is for a distributor's or
    26  importing distributor's license and the applicant therefor is a
    27  corporation, the application shall also contain a statement of
    28  facts showing the qualifications of the corporation, as
    29  hereinbefore required, together with the names and addresses of
    30  all stockholders.
    19870H1000B1102                 - 102 -

     1     (d)  Name of owner of premises and his residence.
     2     (e)  That the applicant is not, or in case of a partnership
     3  or association, that the members or partners are not, and in the
     4  case of a corporation, that the officers and directors are not,
     5  in any manner pecuniarily interested, either directly or
     6  indirectly, in the profits of any other class of business
     7  regulated under this article, except as hereinafter permitted.
     8     (f)  That applicant is the only person in any manner
     9  pecuniarily interested in the business so asked to be licensed,
    10  and that no other person shall be in any manner pecuniarily
    11  interested therein during the continuance of the license, except
    12  as hereinafter permitted.
    13     (g)  Whether applicant, or in case of a partnership or
    14  association, any member or partner thereof, or in case of a
    15  corporation, any officer or director thereof, has during the
    16  three years immediately preceding the date of said application
    17  had a license for the sale of malt or brewed beverages or
    18  spirituous and vinous liquors revoked, or has during the same
    19  period been convicted of any criminal offense, and if so, a
    20  detailed history thereof.
    21     (h)  A full description of that portion of the premises for
    22  which license is asked, and if any other business is to be
    23  conducted concurrently with the sale and distribution of malt or
    24  brewed beverages, a full history of such business, relating the
    25  nature thereof, the length of time it has so previously been
    26  conducted by the applicant or his predecessor at such location,
    27  and such additional information as the [board] commission may
    28  require.
    29     (i)  Every club applicant shall file with and as a part of
    30  its application a list of the names and addresses of its
    19870H1000B1102                 - 103 -

     1  members, directors, officers, agents and employes, together with
     2  the dates of their admission, election or employment, and such
     3  other information with respect to its affairs as the [board]
     4  commission shall require.
     5     (j)  The application must be verified by affidavit of
     6  applicant, and if any false statement is intentionally made in
     7  any part of the application, the affiant shall be deemed guilty
     8  of a misdemeanor and, upon conviction, shall be subject to the
     9  penalties provided by this article.
    10     Section 51.  Section 437 of the act, amended December 22,
    11  1965 (P.L.1149, No.445), is reenacted and amended to read:
    12     Section 437.  Prohibitions Against the Grant of Licenses.--
    13  (a)  The [board] commission shall refuse to grant any licenses
    14  unless the application therefor contains the information
    15  required by this act, and the premises meet such reasonable
    16  sanitary requirements as the [board] commission, by regulation,
    17  shall prescribe.
    18     (b)  The [board] commission shall refuse to grant a license
    19  to any club when it appears that the operation of such license
    20  would inure to the benefit of individual members, officers,
    21  agents or employes of the club, rather than to the benefit of
    22  the entire membership of the club.
    23     (c)  Licenses shall be granted by the [board] commission only
    24  to reputable individuals, or to associations, partnerships and
    25  corporations whose members or officers and directors are
    26  reputable individuals.
    27     (d)  No person who holds, either by appointment or election,
    28  any public office which involves the duty to enforce any of the
    29  penal laws of the United States of America or any of the penal
    30  laws of this Commonwealth or any penal ordinance or resolution
    19870H1000B1102                 - 104 -

     1  of any political subdivision of this Commonwealth shall be
     2  issued any manufacturer's, importing distributor's,
     3  distributor's or retail dispenser's license, nor shall such a
     4  person have any interest, directly or indirectly, in any such
     5  license.
     6     (e)  No distributor's or importing distributor's license
     7  shall be issued for any premises in any part of which there is
     8  operated any retail license for the sale of liquor or malt or
     9  brewed beverages.
    10     (f)  No new distributor's or importing distributor's license
    11  shall hereafter be granted by the [board] commission in any
    12  county of the Commonwealth where the combined number of
    13  distributor and importing distributor licenses exceeds one
    14  license for each fifteen thousand inhabitants of the county in
    15  which the license is to be issued: Provided, That a combined
    16  total of five such licenses may be granted in any county of the
    17  Commonwealth.
    18     Nothing in this subsection shall be construed as denying the
    19  right of the [board] commission to renew or to transfer existing
    20  distributors' or importing distributors' licenses or to exchange
    21  a distributor's license for an importing distributor's license
    22  or to exchange an importing distributor's license for a
    23  distributor's license, upon adjustment of the applicable fee,
    24  notwithstanding that the number of such licensed places in the
    25  county shall exceed the limitation hereinbefore prescribed:
    26  Provided, That no distributor's license or importing
    27  distributor's license shall be transferred from one county to
    28  another county so long as the quota is filled in the county to
    29  which the license is proposed to be transferred.
    30     Section 52.  Section 438 of the act is reenacted to read:
    19870H1000B1102                 - 105 -

     1     Section 438.  Number and Kinds of Licenses Allowed Same
     2  Licensee.--(a)  Any retail dispenser may be granted licenses to
     3  maintain, operate or conduct any number of places for the sale
     4  of malt or brewed beverages, but a separate license must be
     5  secured for each place where malt or brewed beverages are sold.
     6     (b)  No person shall possess or be issued more than one
     7  distributor's or importing distributor's license.
     8     (c)  No person shall possess more than one class of license,
     9  except that a holder of a retail dispenser's license may also be
    10  a holder of a retail liquor license.
    11     Section 53.  Section 439 of the act, amended September 28,
    12  1961 (P.L.1728, No.702), is reenacted and amended to read:
    13     Section 439.  Malt or Brewed Beverage License Fees.--No
    14  public service license and no license to any manufacturer,
    15  distributor, importing distributor or retail dispenser shall be
    16  issued under the provisions of this subdivision (B) until the
    17  licensee shall have first paid an annual license fee, as
    18  follows:
    19     (a)  In the case of a manufacturer, the license fee shall be
    20  one thousand dollars ($1,000) for each place of manufacture and
    21  shall be paid to the [board] commission. The fee for all such
    22  licenses when applied for and issued on or after April 1, but
    23  prior to July 1, shall be three-fourths of the annual fee; July
    24  1, but prior to October 1, shall be one-half of the annual fee;
    25  October 1, but prior to January 1, shall be one quarter of the
    26  annual fee.
    27     (b)  In the case of a distributor, the license fee shall be
    28  four hundred dollars ($400) and shall be paid to the [board]
    29  commission.
    30     (c)  In the case of an importing distributor, the license fee
    19870H1000B1102                 - 106 -

     1  shall be nine hundred dollars ($900) and shall be paid to the
     2  [board] commission.
     3     (d)  In the case of a retail dispenser, except clubs, the
     4  license fee shall be graduated according to the population of
     5  the municipality in which the place of business is located and
     6  shall be paid to the [board] commission, as follows:
     7      (1)  Less than 10,000..................................$100
     8      (2)  10,000 and more, but less than 50,000.............$150
     9      (3)  50,000 and more, but less than 100,000............$200
    10      (4)  100,000 and more, but less than 150,000...........$250
    11      (5)  150,000 and more..................................$300
    12     (e)  In the case of a club, the fee shall be twenty-five
    13  dollars in all cases and shall be paid to the [board]
    14  commission.
    15     (f)  In the case of a public service license for cars, the
    16  fee shall be ten dollars per car for the maximum number of cars
    17  operated on any one day on which malt or brewed beverages are
    18  sold, to be paid to the [board] commission.
    19     (g)  In the case of a public service license for the sale of
    20  malt or brewed beverages on a boat or vessel, the fee shall be
    21  fifty dollars for each such vessel or boat and shall be paid to
    22  the [board] commission.
    23     (h)  The fee for filing applications for licenses and for
    24  renewals shall be twenty dollars ($20) which, together with fees
    25  for transfers, shall be paid to the [board] commission.
    26     (i)  The license fees fixed by this section shall be paid
    27  before the license or renewal is issued.
    28     Section 54.  Section 440 of the act, amended August 17, 1965
    29  (P.L.346, No.182), is reenacted and amended to read:
    30     Section 440.  Sales by Manufacturers of Malt or Brewed
    19870H1000B1102                 - 107 -

     1  Beverages; Minimum Quantities.--No manufacturer shall sell any
     2  malt or brewed beverages for consumption on the premises where
     3  sold, nor sell or deliver any such malt or brewed beverages in
     4  other than original containers approved as to capacity by the
     5  [board] commission, nor in quantities of less than a case of
     6  twenty-four containers, each container holding seven fluid
     7  ounces or more, or a case of twelve containers, each container
     8  holding twenty-four fluid ounces or more, except original
     9  containers containing one hundred twenty-eight ounces or more
    10  which may be sold separately; nor shall any manufacturer
    11  maintain or operate within the Commonwealth any place or places
    12  other than the place or places covered by his or its license
    13  where malt or brewed beverages are sold or where orders are
    14  taken.
    15     Section 55.  Section 441 of the act, amended October 23, 1959
    16  (P.L.1360, No.471), is reenacted and amended to read:
    17     Section 441.  Distributors' and Importing Distributors'
    18  Restrictions on Sales, Storage, Etc.--(a) No distributor or
    19  importing distributor shall purchase, receive or resell any malt
    20  or brewed beverages except in the original containers as
    21  prepared for the market by the manufacturer at the place of
    22  manufacture.
    23     (b)  No distributor or importing distributor shall sell any
    24  malt or brewed beverages in quantities of less than a case of
    25  twenty-four containers, each container holding seven fluid
    26  ounces or more, or a case of twelve containers, each container
    27  holding twenty-four fluid ounces or more, except original
    28  containers containing one hundred twenty-eight ounces or more
    29  which may be sold separately: Provided, That no malt or brewed
    30  beverages sold or delivered shall be consumed upon the premises
    19870H1000B1102                 - 108 -

     1  of the distributor or importing distributor, or in any place
     2  provided for such purpose by such distributor or importing
     3  distributor.
     4     (c)  No distributor or importing distributor shall maintain
     5  or operate any place where sales are made other than that for
     6  which the license is granted.
     7     (d)  No distributor or importing distributor shall maintain
     8  any place for the storage of malt or brewed beverages except in
     9  the same municipality in which the licensed premises is located
    10  and unless the same has been approved by the [board] commission.
    11  In the event there is no place of cold storage in the same
    12  municipality, the [board] commission may approve a place of cold
    13  storage in the nearest municipality.
    14     (e)  No distributor or importing distributor shall purchase,
    15  sell, resell, receive or deliver any malt or brewed beverages,
    16  except in strict compliance with the provisions of subsection
    17  (b) of section 431 of this act.
    18     Section 56.  Section 442 of the act, amended October 9, 1967
    19  (P.L.413, No.183), July 3, 1980 (P.L.348, No.88) and May 9, 1984
    20  (P.L.246, No.54), is reenacted to read:
    21     Section 442.  Retail Dispensers' Restrictions on Purchases
    22  and Sales.--(a)  No retail dispenser shall purchase or receive
    23  any malt or brewed beverages except in original containers as
    24  prepared for the market by the manufacturer at the place of
    25  manufacture. The retail dispenser may thereafter break the bulk
    26  upon the licensed premises and sell or dispense the same for
    27  consumption on or off the premises so licensed: Provided,
    28  however, That no retail dispenser may sell malt or brewed
    29  beverages for consumption off the premises in quantities in
    30  excess of one hundred forty-four fluid ounces: Provided,
    19870H1000B1102                 - 109 -

     1  further, That no club licensee may sell any malt or brewed
     2  beverages for consumption off the premises where sold or to
     3  persons not members of the club.
     4     (b)  No retail dispenser shall sell any malt or brewed
     5  beverages for consumption on the licensed premises except in a
     6  room or rooms or place on the licensed premises at all times
     7  accessible to the use and accommodation of the general public,
     8  but this section shall not be interpreted to prohibit a retail
     9  dispenser from selling malt or brewed beverages in a hotel or
    10  club house in any room of such hotel or club house occupied by a
    11  bona fide registered guest or member entitled to purchase the
    12  same or to prohibit a retail dispenser from selling malt or
    13  brewed beverages in a bowling alley when no minors are present,
    14  unless minors who are present are under proper supervision as
    15  defined in section 493, where the licensed premises and bowling
    16  alley are immediately adjacent and under the same roof.
    17     (c)  For the purpose of this section any person who is an
    18  active member of another club which is chartered by the same
    19  state or national organization shall have the same rights and
    20  privileges as members of the particular club.
    21     (d)  For the purposes of this section, any person who is an
    22  active member of any volunteer firefighting company, association
    23  or group of this Commonwealth, whether incorporated or
    24  unincorporated, shall upon the approval of any club composed of
    25  volunteer firemen licensed under this act, have the same social
    26  rights and privileges as members of such licensed club.
    27     Section 57.  Section 443 of the act is reenacted to read:
    28     Section 443.  Interlocking Business Prohibited.--(a)  No
    29  manufacturer of malt or brewed beverages and no officer or
    30  director of any such manufacturer shall at the same time be a
    19870H1000B1102                 - 110 -

     1  distributor, importing distributor or retail dispenser, or an
     2  officer, director or stockholder or creditor of any distributor,
     3  importing distributor or retail dispenser, nor, except as
     4  hereinafter provided, be the owner, proprietor or lessor of any
     5  place for which a license has been issued for any importing
     6  distributor, distributor or retail dispenser, or for which a
     7  hotel, restaurant or club liquor license has been issued.
     8     (b)  No distributor or importing distributor and no officer
     9  or director of any distributor or importing distributor shall at
    10  the same time be a manufacturer, a retail dispenser or a liquor
    11  licensee, or be an officer, director, stockholder or creditor of
    12  a manufacturer, a retail dispenser or a liquor licensee, or,
    13  directly or indirectly, own any stock of, or have any financial
    14  interest in, or be the owner, proprietor or lessor of, any place
    15  covered by any other malt or brewed beverage or liquor license.
    16     (c)  No licensee licensed under this subdivision (B) of
    17  Article IV and no officer or director of such licensee shall,
    18  directly or indirectly, own any stock of, or have any financial
    19  interest in, any other class of business licensed under this
    20  subdivision.
    21     (d)  Excepting as hereinafter provided, no malt or brewed
    22  beverage manufacturer, importing distributor or distributor
    23  shall in any wise be interested, either directly or indirectly,
    24  in the ownership or leasehold of any property or in any mortgage
    25  against the same, for which a liquor or retail dispenser's
    26  license is granted; nor shall any such manufacturer, importing
    27  distributor or distributor, either directly or indirectly, lend
    28  any moneys, credit or equivalent thereof to, or guarantee the
    29  payment of any bond, mortgage, note or other obligation of, any
    30  liquor licensee or retail dispenser, in equipping, fitting out,
    19870H1000B1102                 - 111 -

     1  or maintaining and conducting, either in whole or in part, an
     2  establishment or business operated under a liquor or retail
     3  dispenser's license, excepting only the usual and customary
     4  credits allowed for returning original containers in which malt
     5  or brewed beverages were packaged for market by the manufacturer
     6  at the place of manufacture.
     7     (e)  Excepting as hereinafter provided, no manufacturer of
     8  malt or brewed beverages shall in any wise be interested, either
     9  directly or indirectly, in the ownership or leasehold of any
    10  property or any mortgage lien against the same, for which a
    11  distributor's or importing distributor's license is granted; nor
    12  shall any such manufacturer, either directly or indirectly, lend
    13  any moneys, credit, or their equivalent to, or guarantee the
    14  payment of any bond, mortgage, note or other obligation of, any
    15  distributor or importing distributor, in equipping, fitting out,
    16  or maintaining and conducting, either in whole or in part, an
    17  establishment or business where malt or brewed beverages are
    18  licensed for sale by a distributor or importing distributor,
    19  excepting only the usual credits allowed for the return of
    20  original containers in which malt or brewed beverages were
    21  originally packaged for the market by the manufacturer at the
    22  place of manufacture.
    23     (f)  No distributor, importing distributor or retail
    24  dispenser shall in anywise receive, either directly or
    25  indirectly, any credit, loan, moneys or the equivalent thereof
    26  from any other licensee, or from any officer, director or firm
    27  member of any other licensee, or from or through a subsidiary or
    28  affiliate of another licensee, or from any firm, association or
    29  corporation, except banking institutions, in which another
    30  licensee or any officer, director or firm member of another
    19870H1000B1102                 - 112 -

     1  licensee has a substantial interest or exercises a control of
     2  its business policy, for equipping, fitting out, payment of
     3  license fee, maintaining and conducting, either in whole or in
     4  part, an establishment or business operated under a
     5  distributor's, importing distributor's or retail dispenser's
     6  license, excepting only the usual and customary credits allowed
     7  for the return of original containers in which malt or brewed
     8  beverages were packaged for the market by the manufacturer at
     9  the place of manufacture.
    10     (g)  The purpose of this section is to require a separation
    11  of the financial and business interests between the various
    12  classes of business regulated by subdivision (B) of this
    13  article, and no person or corporation shall, by any device
    14  whatsoever, directly or indirectly, evade the provisions of this
    15  section. But in view of existing economic conditions, nothing
    16  contained in this section shall be construed to prohibit the
    17  ownership of property or conflicting interest by a malt or
    18  brewed beverage manufacturer of any place occupied by a
    19  distributor, importing distributor or retail dispenser after the
    20  manufacturer has continuously owned and had a conflicting
    21  interest in such place for a period of at least five years prior
    22  to the eighteenth day of July, one thousand nine hundred thirty-
    23  five.
    24     The term "manufacturer" as used in this section shall include
    25  manufacturers of malt or brewed beverages as defined in this act
    26  and any person manufacturing any malt or brewed beverages
    27  outside of this Commonwealth.
    28     Section 58.  Section 444 of the act, amended December 12,
    29  1980 (P.L.1195, No.221) and repealed in part December 20, 1982
    30  (P.L.1409, No.326), is reenacted and amended to read:
    19870H1000B1102                 - 113 -

     1     Section 444.  Malt or Brewed Beverages Manufactured Outside
     2  This Commonwealth.--(a)  In addition to compliance with all
     3  other provisions of this act, the [board] commission shall
     4  require each person desiring to sell any malt or brewed
     5  beverages manufactured outside this Commonwealth to Pennsylvania
     6  licensees, and shall require each Pennsylvania licensee who
     7  desires to purchase and resell any such malt or brewed
     8  beverages, to pay to the [board] commission the same fees as are
     9  required to be paid by Pennsylvania licensees or by persons or
    10  licensees in any state, territory or country outside of
    11  Pennsylvania who desires to sell malt or brewed beverages
    12  manufactured in Pennsylvania to licensees in such other state,
    13  territory or country of origin of such malt or brewed beverages
    14  not manufactured in Pennsylvania, and to observe and comply with
    15  the same regulations, prohibitions and restrictions as are
    16  required of or enforced against Pennsylvania licensees or
    17  persons who desire to purchase and resell malt or brewed
    18  beverages manufactured in Pennsylvania in such other state,
    19  territory or country of origin.
    20     (b)  In all cases where the [board] commission shall have
    21  issued any reciprocal regulations or orders concerning malt or
    22  brewed beverages manufactured in any state, territory or country
    23  other than Pennsylvania, no Pennsylvania licensee shall purchase
    24  any such malt or brewed beverages if their importation has been
    25  prohibited, or if not entirely prohibited, unless such
    26  regulations or orders have been observed and complied with by
    27  the Pennsylvania licensee and by the person from or through whom
    28  the Pennsylvania licensee desires to purchase.
    29     (c)  Any malt or brewed beverages manufactured outside of
    30  Pennsylvania which are sold, transported or possessed in
    19870H1000B1102                 - 114 -

     1  Pennsylvania contrary to any such regulations or orders of the
     2  [board] commission, or without the payment of the fees herein
     3  required, shall be considered contraband and shall be
     4  confiscated by the [board] commission and disposed of in the
     5  same manner as any other illegal liquor or malt or brewed
     6  beverages.
     7     (d)  Upon learning of the commission by a manufacturer of
     8  malt or brewed beverages whose principal place of business is
     9  outside this Commonwealth, or by any servant, agent, employe or
    10  representative of such manufacturer, within or partly within and
    11  partly outside this Commonwealth, of any violation of this act
    12  or any laws of this Commonwealth relating to liquor, alcohol or
    13  malt or brewed beverages, or of any regulation of the [board]
    14  commission adopted pursuant thereto, or of any violation of any
    15  laws of this Commonwealth or of the United States of America
    16  relating to the tax payment of liquor or malt or brewed
    17  beverages, the [board] commission shall cite such manufacturer
    18  to appear before it or [its examiner] an administrative law
    19  judge not less than ten nor more than fifteen days from the date
    20  of mailing such manufacturer at his principal place of business,
    21  wherever located, by registered mail, a notice to show cause why
    22  the further importation into this Commonwealth of malt or brewed
    23  beverages manufactured by him should not be prohibited.
    24     (e)  Upon such hearing, whether or not an appearance was made
    25  by such outside manufacturer, if satisfied that any such
    26  violation has occurred, the [board] commission is specifically
    27  empowered and directed to issue an order imposing a fine upon
    28  such outside manufacturer of not less than five hundred dollars
    29  ($500) or more than ten thousand dollars ($10,000), or
    30  prohibiting the importation of malt or brewed beverages
    19870H1000B1102                 - 115 -

     1  manufactured by such outside manufacturer into this Commonwealth
     2  for a period not exceeding three years, or both. Such fine or
     3  prohibition shall not go into effect until twenty days have
     4  elapsed from the date of notice of issuance of the [board's]
     5  commission's order.
     6     (f)  If, after hearing, the [board] commission prohibits the
     7  importation of malt or brewed beverages manufactured by such
     8  outside manufacturer into this Commonwealth, notice of such
     9  [board] commission action shall be given immediately to such
    10  manufacturer and to all persons licensed to import malt or
    11  brewed beverages within this Commonwealth by mailing a copy of
    12  such order to such manufacturer at its principal place of
    13  business, wherever located, and to such licensees at their
    14  licensed premises. Thereafter, it shall be unlawful for any
    15  person licensed to import malt or brewed beverages within this
    16  Commonwealth to purchase any malt or brewed beverages
    17  manufactured by such outside manufacturer during the term of
    18  such prohibition.
    19     (g)  Any violation of such prohibitory order shall be a
    20  misdemeanor and shall be punished in the same manner as herein
    21  provided for any other violation of this act, and shall also
    22  constitute grounds for revocation or suspension of a license to
    23  import malt or brewed beverages.
    24     (h)  In all such cases, the [board] commission shall file of
    25  record at least a brief statement in the form of an opinion of
    26  the reasons for the ruling or order.
    27     Section 59.  The heading of Subdivision (C) of Article IV of
    28  the act is reenacted to read:
    29      (C)  General Provisions Applying to Both Liquor and Malt
    30                       and Brewed Beverages.
    19870H1000B1102                 - 116 -

     1     Section 60.  Section 461 of the act, amended June 19, 1961
     2  (P.L.484, No.245), September 2, 1971 (P.L.429, No.103), December
     3  17, 1982 (P.L.1390, No.319) and May 2, 1986 (P.L.141, No.44), is
     4  reenacted and amended to read:
     5     Section 461.  Limiting Number of Retail Licenses To Be Issued
     6  In Each Municipality.--(a)  No licenses shall hereafter be
     7  granted by the [board] commission for the retail sale of malt or
     8  brewed beverages or the retail sale of liquor and malt or brewed
     9  beverages in excess of one of such licenses of any class for
    10  each two thousand inhabitants in any municipality, exclusive of
    11  licenses granted to airport restaurants, municipal golf courses,
    12  hotels, privately-owned public golf courses, as defined in this
    13  section, and clubs; but at least one such license may be granted
    14  in each municipality and in each part of a municipality where
    15  such municipality is split so that each part thereof is
    16  separated by another municipality, except in municipalities
    17  where the electors have voted against the granting of any retail
    18  licenses and except in that part of a split municipality where
    19  the electors have voted against the granting of any retail
    20  licenses. Nothing contained in this section shall be construed
    21  as denying the right to the [board] commission to renew or to
    22  transfer existing retail licenses of any class notwithstanding
    23  that the number of such licensed places in a municipality shall
    24  exceed the limitation hereinbefore prescribed; but where such
    25  number exceeds the limitation prescribed by this section, no new
    26  license, except for hotels, municipal golf courses, airport
    27  restaurants, privately-owned public golf courses and privately-
    28  owned private golf course licensees, as defined in this section,
    29  shall be granted so long as said limitation is exceeded.
    30     (b)  The [board] commission shall have the power to increase
    19870H1000B1102                 - 117 -

     1  the number of licenses in any such municipality which in the
     2  opinion of the [board] commission is located within a resort
     3  area.
     4     (c)  The word "hotel" as used in this section shall mean any
     5  reputable place operated by a responsible person of good
     6  reputation where the public may, for a consideration, obtain
     7  sleeping accommodations, and which shall have the following
     8  number of bedrooms and requirements in each case--at least one-
     9  half of the required number of bedrooms shall be regularly
    10  available to transient guests seven days weekly, except in
    11  resort areas; at least one-third of such bedrooms shall be
    12  equipped with hot and cold water, a lavatory, commode, bathtub
    13  or shower and a clothes closet; and an additional one-third of
    14  the total of such required rooms shall be equipped with lavatory
    15  and commode:
    16     (1)  In municipalities having a population of less than three
    17  thousand, at least twelve permanent bedrooms for the use of
    18  guests.
    19     (2)  In municipalities having a population of three thousand
    20  and more but less than ten thousand inhabitants, at least
    21  sixteen permanent bedrooms for the use of guests.
    22     (3)  In municipalities having a population of ten thousand
    23  and more but less than twenty-five thousand inhabitants, at
    24  least thirty permanent bedrooms for the use of guests.
    25     (4)  In municipalities having a population of twenty-five
    26  thousand and more but less than one hundred thousand
    27  inhabitants, at least forty permanent bedrooms for the use of
    28  guests.
    29     (5)  In municipalities having a population of one hundred
    30  thousand and more inhabitants, at least fifty permanent bedrooms
    19870H1000B1102                 - 118 -

     1  for the use of guests.
     2     (6)  A public dining room or rooms operated by the same
     3  management accommodating at least thirty persons at one time and
     4  a kitchen, apart from the dining room or rooms, in which food is
     5  regularly prepared for the public.
     6     (7)  Each room to be considered a bedroom under the
     7  requirements of this section shall have an area of not less than
     8  eighty square feet and an outside window.
     9     (8)  The provisions of this subsection (c) shall not apply to
    10  hotel licenses granted prior to the first day of September, one
    11  thousand nine hundred forty-nine, or that have been granted on
    12  any application made and pending prior to said date, nor to any
    13  renewal or transfer thereof, or hotels under construction or for
    14  which a bona fide contract had been entered into for
    15  construction prior to said date. In such cases, the provisions
    16  of section one of the act, approved the twenty-fourth day of
    17  June, one thousand nine hundred thirty-nine (Pamphlet Laws 806),
    18  shall continue to apply.
    19     (d)  "Airport restaurant," as used in this section, shall
    20  mean restaurant facilities at any airport for public
    21  accommodation, which are owned or operated directly or through
    22  lessees by the Commonwealth of Pennsylvania, by any municipal
    23  authority, county or city, either severally or jointly, with any
    24  other municipal authority, county or city, but shall not include
    25  any such restaurant facilities at any airport situated in a
    26  municipality where by vote of the electors the retail sale of
    27  liquor and malt or brewed beverages is not permitted.
    28     (e)  "Municipal golf course" as used in this section shall
    29  mean the restaurant facilities at any municipal golf course open
    30  for public accommodation, which are owned or operated directly
    19870H1000B1102                 - 119 -

     1  or through lessees by a county, municipality or a municipal
     2  authority, severally or jointly with any other county,
     3  municipality or municipal authority, including any such
     4  restaurant facilities at any municipal golf course situate in a
     5  municipality where by vote of the electors the retail sale of
     6  liquor and malt and brewed beverages is not permitted.
     7     (e.1)  "Privately-owned public golf course" as used in this
     8  section shall mean the restaurant facilities at any privately-
     9  owned golf course open for public accommodation.
    10     (e.2)  "Privately-owned private golf course" as used in this
    11  section shall mean the clubhouse at any privately-owned golf
    12  course as defined in section 102 open for private membership
    13  accommodations only as a club as defined in section 102. The
    14  license to be issued in this instance shall be a club license.
    15     (f)  The provisions of subsection (a) which apply to
    16  privately-owned public golf courses shall not apply to the owner
    17  of such course who has, within three years prior to the
    18  effective date of this amendatory act or at any time after the
    19  effective date of this amendatory act, sold or transferred a
    20  regularly issued license for such course.
    21     Section 61.  Section 461.1 of the act, added December 12,
    22  1980 (P.L.1195, No.221), is reenacted and amended to read:
    23     Section 461.1.  Incorporated Units of National Veterans'
    24  Organizations.--(a)  The [board] commission shall have the
    25  authority to issue new licenses to incorporated units of
    26  national veterans' organizations, as defined herein, in
    27  municipalities where the number of licenses exceeds the
    28  limitation prescribed by section 461.
    29     (b)  The term "national veterans' organization" shall mean
    30  any veterans' organization having a national charter.
    19870H1000B1102                 - 120 -

     1     The term "incorporated unit of a national veterans'
     2  organization" shall mean any incorporated post, branch, camp,
     3  detachment, lodge or other subordinate unit of a national
     4  veterans' organization having one hundred or more paid up
     5  members and organized for a period of at least three years prior
     6  to filing the application for a license.
     7     (c)  When the charter of an incorporated unit of a national
     8  veterans' organization is suspended or revoked, the retail
     9  license of the organization shall also be suspended or revoked.
    10  The retail license of an incorporated unit of a national
    11  veterans' organization is not transferable to any other
    12  organization or person.
    13     Section 62.  Section 462 of the act is reenacted and amended
    14  to read:
    15     Section 462.  Licensed Places May Be Closed During Period of
    16  Emergency.--The [board] commission may, with the approval of the
    17  Governor,
    18     (a)  Temporarily close all licensed places within any
    19  municipality during any period of emergency proclaimed to be
    20  such by the Governor.
    21     (b)  Advance by one hour the hours prescribed in this act as
    22  the hours during which liquor and malt or brewed beverages may
    23  be sold in any municipality during such part of the year when
    24  daylight saving time may be observed generally in such
    25  municipality.
    26     Section 63.  Section 463 of the act, amended November 17,
    27  1967 (P.L.510, No.247), March 23, 1972 (P.L.122, No.46) and May
    28  9, 1984 (P.L.246, No.54), is reenacted and amended to read:
    29     Section 463.  Places of Amusement Not To Be Licensed;
    30  Penalty.--(a)  No license for the sale of liquor or malt or
    19870H1000B1102                 - 121 -

     1  brewed beverages in any quantity shall be granted to the
     2  proprietors, lessees, keepers or managers of any theater,
     3  circus, museum or other place of amusement, nor shall any house
     4  be licensed for the sale of liquor or malt or brewed beverages
     5  which has passage or communication to or with any theater,
     6  circus, museum or other place of amusement, and any license
     7  granted contrary to this act shall be null and void. Nothing
     8  contained in this section shall be construed as denying to the
     9  [board] commission the right to grant a restaurant liquor
    10  license regardless of quota restrictions to the owner or
    11  operator of a restaurant in a building on a plot of ground owned
    12  or possessed under lease by a corporation incorporated under the
    13  laws of this Commonwealth and used principally by such
    14  corporation for holding outdoor sport events wherein such events
    15  are held under a license issued as provided by law to such
    16  corporation by a department, board or commission of the
    17  Commonwealth of Pennsylvania. The restaurant liquor license
    18  aforementioned shall be subject to all the conditions and
    19  restrictions herein applicable to restaurant liquor licenses,
    20  except the above prohibition against any passageway or
    21  communication between such licensed premises and the place of
    22  amusement.
    23     Nothing contained in this act shall be construed as denying
    24  to the [board] commission the right to grant a new restaurant
    25  liquor license, regardless of quota restrictions, at any time,
    26  to the owner or operator of a restaurant in a building or plot
    27  of ground having a seating capacity in excess of twenty-five
    28  thousand, used principally for holding automobile races.
    29     (a.1)  Nothing contained in subsection (a) of this section or
    30  in section 102 of this act shall be construed as denying to the
    19870H1000B1102                 - 122 -

     1  [board] commission the right to grant a club or restaurant
     2  liquor or malt and brewed beverage license to a club
     3  incorporated in this Commonwealth which has been in existence
     4  less than one year prior to making application under this
     5  section or to a restaurant either of which has a clubhouse or
     6  restaurant located in a stadium or arena having an available
     7  seating capacity of twelve thousand or more and owned and
     8  operated by or pursuant to an agreement with any city of the
     9  first class or created and operated under and in compliance with
    10  the act of July 29, 1953 (P.L.1034), known as the "Public
    11  Auditorium Authorities Law," and used principally for events at
    12  which athletes compete or other types of performers entertain.
    13  The club or restaurant liquor or malt and brewed beverage
    14  license aforementioned shall be subject to all the conditions
    15  and restrictions applicable to such licenses and licenses for
    16  places of amusement, except the above prohibition against any
    17  passageway or communication between such licensed premises and
    18  the place of amusement.
    19     (a.2)  Nothing contained in this act shall be construed to
    20  prevent the holder of a hotel, restaurant liquor or malt and
    21  brewed beverage license from selling liquor and malt or brewed
    22  beverages in a bowling alley, or other recreational areas
    23  including, but no limited to, game rooms and video arcade areas
    24  of hotels, when no minors are present, unless minors who are
    25  present are under proper supervision as defined in section 493,
    26  where the restaurant, bowling alley, or other recreational areas
    27  including, but not limited to, game rooms and video arcade areas
    28  of hotels are immediately adjacent and under the same roof. The
    29  restaurant liquor or malt and brewed beverage licensee
    30  aforementioned shall be subject to all the conditions and
    19870H1000B1102                 - 123 -

     1  restrictions applicable to such restaurant licenses except the
     2  above prohibition against any passageway or communication
     3  between a licensed premise and a place of amusement.
     4     (b)  Any proprietor, lessee, keeper or manager of any
     5  theater, circus, museum or other place of amusement, or any
     6  other person who shall violate the provisions of this section,
     7  shall be guilty of a misdemeanor and, upon conviction thereof,
     8  shall be sentenced to pay a fine of one hundred dollars and to
     9  undergo an imprisonment of not less than thirty days.
    10     Section 64.  Section 464 of the act, amended June 3, 1971
    11  (P.L.118, No.6), is reenacted and amended to read:
    12     Section 464.  Hearings Upon Refusal of Licenses, Renewals or
    13  Transfers; Appeals.--The [board] commission may of its own
    14  motion, and shall upon the written request of any applicant for
    15  club, hotel or restaurant liquor license, or any applicant for
    16  any malt or brewed beverage license other than a public service
    17  license, or for renewal or transfer thereof, whose application
    18  for such license, renewal or transfer has been refused, fix a
    19  time and place for hearing of such application for license or
    20  for renewal or transfer thereof, notice of which hearing shall
    21  be mailed to the applicant at the address given in his
    22  application. Such hearing shall be before [the board, a member
    23  thereof, or an examiner designated by the board] an
    24  administrative law judge. At such hearing, the [board]
    25  commission shall present its reasons for its refusal or
    26  withholding of license, renewal or transfer thereof. The
    27  applicant may appear in person or by counsel, may cross-examine
    28  the witnesses for the [board] commission and may present
    29  evidence which shall likewise be subject to cross-examination by
    30  the [board] commission. Such hearing shall be stenographically
    19870H1000B1102                 - 124 -

     1  recorded. The [examiner] administrative law judge shall
     2  thereafter report to the [board] commission upon such hearing.
     3  The [board] commission shall thereupon grant or refuse the
     4  license, renewal or transfer thereof. In considering the renewal
     5  of a license, the [board] commission shall not refuse any such
     6  renewal on the basis of the propriety of the original issuance
     7  or any prior renewal of such license. If the [board] commission
     8  shall refuse such license, renewal or transfer following such
     9  hearing, notice in writing of such refusal shall be mailed to
    10  the applicant at the address given in his application. In all
    11  such cases, the [board] commission shall file of record at least
    12  a brief statement in the form of an opinion of the reasons for
    13  the ruling or order and furnish a copy thereof to the applicant.
    14  Any applicant who has appeared [before the board or any agent
    15  thereof] at any hearing, as above provided, who is aggrieved by
    16  the refusal of the [board] commission to issue any such license
    17  or to renew or transfer any such license may appeal, or any
    18  church, hospital, charitable institution, school or public
    19  playground located within three hundred feet of the premises
    20  applied for, aggrieved by the action of the [board] commission
    21  in granting the issuance of any such license or the transfer of
    22  any such license, may take an appeal limited to the question of
    23  such grievance, within twenty days from date of refusal or
    24  grant, to the court of [quarter sessions] common pleas of the
    25  county in which the premises applied for is located [or the
    26  county court of Allegheny County]. Such appeal shall be upon
    27  petition of the aggrieved party, who shall serve a copy thereof
    28  upon the [board] commission, whereupon a hearing shall be held
    29  upon the petition by the court upon ten days' notice to the
    30  [board, which shall be represented in the proceeding by the
    19870H1000B1102                 - 125 -

     1  Department of Justice] commission. The said appeal shall act as
     2  a supersedeas unless upon sufficient cause shown the court shall
     3  determine otherwise. The court shall hear the application de
     4  novo on questions of fact, administrative discretion and such
     5  other matters as are involved, at such time as it shall fix, of
     6  which notice shall be given to the [board] commission. The court
     7  shall either sustain or over-rule the action of the [board]
     8  commission and either order or deny the issuance of a new
     9  license or the renewal or transfer of the license to the
    10  applicant.
    11     (b)  The jurisdiction of the county court of Allegheny County
    12  conferred hereby shall be exclusive within the territorial
    13  limits of its jurisdiction.
    14     Section 65.  Sections 465, 466 and 467 of the act are
    15  reenacted and amended to read:
    16     Section 465.  All Licensees to Furnish Bond.--(a)  No license
    17  shall be issued to any applicant under the provisions of this
    18  article until such applicant has filed with the [board]
    19  commission an approved bond and a warrant of attorney to confess
    20  judgment payable to the Commonwealth of Pennsylvania in the
    21  amount hereinafter prescribed.
    22     (b)  Bonds of all such applicants shall have as surety a
    23  surety company authorized to do business in this Commonwealth,
    24  or shall have deposited therewith, as collateral security, cash
    25  or negotiable obligations of the United States of America or the
    26  Commonwealth of Pennsylvania in the same amount as herein
    27  provided for the penal sum of bonds. In all cases where cash or
    28  securities in lieu of other surety have been deposited with the
    29  [board] commission, the depositor shall be permitted to continue
    30  the same deposit from year to year on each renewal of license,
    19870H1000B1102                 - 126 -

     1  but in no event shall he be permitted to withdraw his deposit
     2  during the time he holds said license, or until six months after
     3  the expiration of the license held by him, or while revocation
     4  proceedings are pending against such license. All cash or
     5  securities received by the [board] commission in lieu of other
     6  surety shall be turned over by the [board] commission to the
     7  State Treasurer and held by him. The State Treasurer shall repay
     8  or return money or securities deposited with him to the
     9  respective depositors only on the order of the [board]
    10  commission.
    11     (c)  No such bond shall be accepted until approved by the
    12  [board] commission. All such bonds shall be conditioned for the
    13  faithful observance of all the laws of this Commonwealth
    14  relating to liquor, alcohol and malt or brewed beverages and the
    15  regulations of the [board] commission. All bonds shall be
    16  retained by the [board] commission.
    17     (d)  The penal sum of the respective bonds filed under the
    18  provisions of this section shall be as follows:
    19     (1)  Manufacturers of malt or brewed beverages, ten thousand
    20  dollars ($10,000.00) for each place at which the licensee is
    21  authorized to manufacture.
    22     (2)  Liquor importers, ten thousand dollars ($10,000.00) for
    23  each license.
    24     (3)  Sacramental wine licensees, ten thousand dollars
    25  ($10,000.00).
    26     (4)  Importing distributors of malt or brewed beverages, two
    27  thousand dollars ($2,000.00).
    28     (5)  Hotel, restaurant, club and public service liquor
    29  licensees, two thousand dollars ($2,000.00), but in the case of
    30  a railroad or pullman company, such penal sum shall cover every
    19870H1000B1102                 - 127 -

     1  dining, club or buffet car of such company operated under such
     2  license.
     3     (6)  Distributors of malt or brewed beverages, one thousand
     4  dollars ($1,000.00).
     5     (7)  Retail dispensers and public service malt or brewed
     6  beverage licensees, one thousand dollars ($1,000.00) for each
     7  place at which the licensee is authorized to sell malt or brewed
     8  beverages, except that in the case of railroad or pullman
     9  companies, said penal sum shall be one thousand dollars
    10  ($1,000.00), irrespective of the number of licensed cars
    11  operated by the company.
    12     (e)  Every such bond may be forfeited when a license is
    13  revoked and shall be turned over to the Attorney General for
    14  collection if and when the licensee's license shall have been
    15  revoked and his bond forfeited as provided in this act.
    16     Section 466.  Disposition of Cash and Securities Upon
    17  Forfeiture of Bond.--After notice from the [board] commission
    18  that any of the aforesaid bonds have been forfeited, the State
    19  Treasurer shall immediately pay into The State Stores Fund all
    20  cash deposited as collateral with such bond, and when securities
    21  have been deposited with such bond, the State Treasurer shall
    22  sell, at private sale, at not less than the prevailing market
    23  price, any such securities so deposited as collateral with such
    24  forfeited bond. The State Treasurer shall thereafter deposit in
    25  The State Stores Fund the net amount realized from the sale of
    26  such securities, except that if the amount so realized, after
    27  deducting proper costs and expenses, is in excess of the penal
    28  amount of the bond, such excess shall be paid over by him to the
    29  obligor on such forfeited bond.
    30     Section 467.  Display of License.--Every license issued under
    19870H1000B1102                 - 128 -

     1  this article shall be constantly and conspicuously exposed under
     2  transparent substance on the licensed premises and no license
     3  shall authorize sales until this section has been complied with.
     4     Section 66.  Section 468 of the act, amended November 26,
     5  1978 (P.L.1389, No.326) and June 24, 1982 (P.L.624, No.176), is
     6  reenacted and amended to read:
     7     Section 468.  Licenses Not Assignable; Transfers.--(a)
     8  Licenses issued under this article may not be assigned. The
     9  [board] commission, upon payment of the transfer filing fee and
    10  the execution of a new bond, is hereby authorized to transfer
    11  any license issued by it under the provisions of this article
    12  from one person to another or from one place to another, or
    13  both, within the same municipality, and if the applicant is a
    14  unit of a nonprofit nationally chartered club, the [board]
    15  commission is hereby authorized to transfer such license to a
    16  place in any other municipality within the same county if the
    17  sale of liquor or malt and brewed beverages are legal in such
    18  other municipality as the [board] commission may determine.
    19  Prior to the approval of an application for transfer by a unit
    20  of a nonprofit nationally chartered club the [board] commission
    21  shall make an affirmative finding, upon proof submitted by the
    22  applicant, and after investigation by the [board] commission,
    23  that at the time the application for transfer is made the club
    24  continues to hold a valid national charter and continues to
    25  function in fact as a club as defined in section 102. The
    26  [board] commission, in its discretion, may transfer an existing
    27  restaurant retail dispenser or club license from one
    28  municipality to another in the same county regardless of the
    29  quota limitations provided for in this act, if sales of liquor
    30  or malt and brewed beverages are legal in such other
    19870H1000B1102                 - 129 -

     1  municipality and if the restaurant retail dispenser or club lost
     2  the use of the building in which it was located due to
     3  governmental exercise of the right of eminent domain and no
     4  other suitable building can be found in the first municipality.
     5  In the case of distributor and importing distributor licenses,
     6  the [board] commission may transfer any such license from its
     7  place in a municipality to a place in any other municipality
     8  within the same county, or from one place to another place
     9  within the same municipality, or exchange a distributor license
    10  for an importing distributor license or an importing distributor
    11  license for a distributor license, if the building for which the
    12  license is to be issued has, in the case of an importing
    13  distributor license, an area under one roof of two thousand five
    14  hundred square feet and, in the case of a distributor license,
    15  an area under one roof of one thousand square feet: And
    16  provided, That, in the case of all transfers of distributor or
    17  importing distributor licenses, whether from a place within the
    18  same municipality to another place within the same municipality
    19  or from a place in a municipality to a place in any other
    20  municipality within the same county, and, in the case of an
    21  exchange of a distributor license for an importing distributor
    22  license or an importing distributor license for a distributor
    23  license, the premises to be affected by the transfer or exchange
    24  shall contain an office separate and apart from the remainder of
    25  the premises to be licensed for the purpose of keeping records,
    26  required by the [board] commission, adequate toilet facilities
    27  for employes of the licensee and an entrance on a public
    28  thoroughfare: Provided, however, That in the event that the
    29  majority of the voting electors of a municipality, at an
    30  election held under the provisions of any law so empowering them
    19870H1000B1102                 - 130 -

     1  to do, shall vote against the issuance of distributor or
     2  importing distributor licenses in such municipality, the [board]
     3  commission is hereby authorized to transfer any such distributor
     4  or importing distributor license from its place in such
     5  municipality to a place in any other municipality within the
     6  same county, upon application prior to the expiration of any
     7  such license and upon payment of the transfer filing fee and the
     8  execution of a new bond; but no transfer shall be made to a
     9  person who would not have been eligible to receive the license
    10  originally nor for the transaction of business at a place for
    11  which the license could not lawfully have been issued
    12  originally, nor, except as herein provided, to a place as to
    13  which a license has been revoked. No license shall be
    14  transferred to any place or property upon which is located as a
    15  business the sale of liquid fuels and oil. Except in cases of
    16  emergency such as death, serious illness, or circumstances
    17  beyond the control of the licensee, as the [board] commission
    18  may determine such circumstances to justify its action,
    19  transfers of licenses may be made only at times fixed by the
    20  [board] commission. In the case of the death of a licensee, the
    21  [board] commission may transfer the license to the surviving
    22  spouse or personal representative or to a person designated by
    23  him. From any refusal to grant a transfer or upon the grant of
    24  any transfer, the party aggrieved shall have the right of appeal
    25  to the proper court in the manner hereinbefore provided. The
    26  commission shall not authorize the transfer of any license under
    27  this subsection where the application for transfer has been
    28  denied by an administrative law judge pursuant to section 404.
    29     (b.1)  In the event that any person to whom a license shall
    30  have been issued under the provisions of this article shall
    19870H1000B1102                 - 131 -

     1  become insolvent, make an assignment for the benefit of
     2  creditors, become bankrupt by either voluntary or involuntary
     3  action, the license of such person shall be immediately placed
     4  in safekeeping with the [board] commission for the balance of
     5  the term of the license and for an additional period of one year
     6  upon application to the [board] commission by the trustee,
     7  receiver, or assignee. The trustee, receiver, or assignee shall
     8  have, during said period of safekeeping, the same rights,
     9  benefits and obligations as to the license as the person to whom
    10  the license had been issued, including the right to transfer the
    11  license subject to the approval of the [board] commission. The
    12  license shall continue as a personal privilege granted by the
    13  [board] commission and nothing herein shall constitute the
    14  license as property.
    15     (c)  (1)  The term "nonprofit nationally chartered club"
    16  shall mean any club which does not contemplate pecuniary gain or
    17  profit, incidental or otherwise, having a national charter.
    18     (2)  The term "unit of a nonprofit nationally chartered club"
    19  shall mean any post, branch, lodge or other subordinate unit of
    20  a nonprofit nationally chartered club.
    21     Section 67.  Section 469 of the act, amended September 28,
    22  1961 (P.L.1728, No.702), is reenacted and amended to read:
    23     Section 469.  Applications for Transfers; Fees.--(a)  Every
    24  applicant for a transfer of a license under the provisions of
    25  this article shall file a written application with the [board]
    26  commission, together with a filing fee of thirty dollars ($30)
    27  if the license to be transferred is a liquor license, and twenty
    28  dollars ($20) if the license is a malt or brewed beverage
    29  license. Such application shall be is such form and shall be
    30  filed at such times as the [board] commission shall in its
    19870H1000B1102                 - 132 -

     1  regulations prescribe. Each such applicant shall also file an
     2  approved bond as required on original applications for such
     3  licenses.
     4     (b)  Whenever any license is transferred, no license or other
     5  fees shall be required from the persons to whom such transfer is
     6  made for the balance of the then current license year, except
     7  the filing fee as herein provided.
     8     Section 68.  Section 470 of the act, amended August 1, 1969
     9  (P.L.219, No.87), is reenacted and amended to read:
    10     Section 470.  Renewal of Licenses; Temporary Provisions for
    11  Licensees in Armed Service.--(a)  All applications for renewal
    12  of licenses under the provisions of this article shall be filed
    13  with a new bond, requisite license and filing fees at least
    14  sixty days before the expiration date of same: Provided,
    15  however, That the [board] commission, in its discretion, may
    16  accept a renewal application filed less than sixty days before
    17  the expiration date of the license with the required bond and
    18  fees, upon reasonable cause shown and the payment of an
    19  additional filing fee of one hundred dollars ($100.00) for late
    20  filing: And provided further, That except where the failure to
    21  file a renewal application or before the expiration date has
    22  created a license quota vacancy after said expiration date which
    23  has been filled by the issuance of a new license, after such
    24  expiration date, but before the [board] commission has received
    25  a renewal application within the time prescribed herein the
    26  [board] commission, in its discretion, may, after hearing,
    27  accept a renewal application filed within ten months after the
    28  expiration date of the license with the required bond and fees
    29  upon the payment of an additional filing fee of two hundred
    30  fifty dollars ($250.00) for late filing. Where any such renewal
    19870H1000B1102                 - 133 -

     1  application is filed less than sixty days before the expiration
     2  date, or subsequent to the expiration date, no license shall
     3  issue upon the filing of the renewal application until the
     4  matter is finally determined by the [board] commission and if an
     5  appeal is taken from the [board's] commission's action the
     6  courts shall not order the issuance of the renewal license until
     7  final determination of the matter by the courts. A renewal
     8  application will not be considered filed unless accompanied by a
     9  new bond and the requisite filing and license fees and any
    10  additional filing fee required by this section. Unless the
    11  [board] commission shall have given ten days' previous notice to
    12  the applicant of objections to the renewal of his license, based
    13  upon violation by the licensee or his servants, agents or
    14  employes of any of the laws of the Commonwealth or regulations
    15  of the [board] commission relating to the manufacture,
    16  transportation, use, storage, importation, possession or sale of
    17  liquors, alcohol or malt or brewed beverages, or the conduct of
    18  a licensed establishment, or unless the applicant has by his own
    19  act become a person of ill repute, or unless the premises do not
    20  meet the requirements of this act or the regulations of the
    21  [board] commission, the license of a licensee shall be renewed.
    22     (b)  In cases where a licensee or his servants, agents or
    23  employes are arrested, charged with violating any of the laws of
    24  this Commonwealth relating to liquor, alcohol or malt or brewed
    25  beverages, and where the [board] commission has on file in such
    26  cases reports of [its] enforcement officers or investigators of
    27  the enforcement bureau or from other sources that a licensee or
    28  his servants, agents or employes have violated any of the
    29  aforementioned laws and a proceeding to revoke such licensee's
    30  license is or is about to be instituted, and such arrest occurs
    19870H1000B1102                 - 134 -

     1  or report of violations is received or revocation proceeding
     2  instituted or about to be instituted during the time a renewal
     3  application of such license in pending before the [board]
     4  commission, the [board] commission may, in its discretion, renew
     5  the license, notwithstanding such alleged violations, but such
     6  renewal license may be revoked if and when the licensee or any
     7  of his servants, agents or employes are convicted of or plead
     8  guilty to violations under the previous license, as aforesaid,
     9  or if and when such previous license is for any reason revoked.
    10     In the event such renewal license is revoked by the [board]
    11  commission, neither the license fee paid for such license nor
    12  any part thereof shall be returned to the licensee, but the
    13  license bond filed with the application for such renewal of
    14  license shall not be forfeited.
    15     [(c)  Notwithstanding anything to the contrary in this
    16  section, any individual who holds a restaurant or hotel liquor
    17  license or a retail dispenser (hotel or eating place) malt or
    18  brewed beverage license in effect at the time such individual
    19  enters the armed forces of the United States of America, may
    20  surrender to the board for safekeeping the said license and, if
    21  surrendered, shall furnish the board with documentary evidence
    22  as to his entering such armed forces. Upon surrender of the
    23  license, the board shall, without the filing of an application
    24  for renewal or surety bond, the payment of filing and license
    25  fees, renew the said license from year to year and hold the same
    26  in its possession for the benefit of such licensee. A license so
    27  renewed by the board shall to all intents and purposes be
    28  considered as in full force and effect, notwithstanding the
    29  licensee is not exercising the privileges thereunder, and shall
    30  be returned to the said licensee at any time within one year
    19870H1000B1102                 - 135 -

     1  from the date of his honorable discharge from the armed forces
     2  of the United States upon the filing of an application therefor,
     3  surety bond, and payment of the filing and license fees as
     4  hereinafter provided. The said application for return of license
     5  shall be on a form prescribed by the board, accompanied by a
     6  filing fee in the sum of ten dollars ($10.00) and the prescribed
     7  license fee, except that when such application is filed after a
     8  portion of the then current license term has elapsed, the
     9  license fee shall be prorated on a monthly basis for the balance
    10  of the license year: Provided, however, That the said license
    11  shall not be returned if the electors of the municipality in
    12  which the licensed establishment is situate have voted against
    13  the granting of retail liquor licenses or against the granting
    14  of retail dispenser licenses, as the case may be, under the
    15  local option provision of this act. In the event the premises
    16  originally covered by the license are not available for
    17  occupancy by the licensee at the time he files his application
    18  for return of license, as hereinbefore provided, he shall be
    19  permitted to file an application for transfer of the license to
    20  other premises in the same municipality. Such transfer of the
    21  license shall be subject to all of the provisions of this act
    22  pertaining to the transfer of such licenses.
    23     This subsection (c) was enacted due to conditions caused by
    24  the present war and shall remain in effect only until the
    25  termination of said war and one year thereafter.]
    26     Section 69.  Sections 470.1 and 470.2 of the act are
    27  repealed.
    28     Section 70.  Section 471 of the act, amended January 13, 1966
    29  (1965 P.L.1301, No.518) and repealed in part June 3, 1971
    30  (P.L.118, No.6), is reenacted and amended to read:
    19870H1000B1102                 - 136 -

     1     Section 471.  Revocation and Suspension of Licenses; Fines.--
     2  [Upon learning of any violation of this act or any laws of this
     3  Commonwealth relating to liquor, alcohol or malt or brewed
     4  beverages, or of any regulations of the board adopted pursuant
     5  to such laws, of any violation of any laws of this Commonwealth
     6  or of the United States of America relating to the tax-payment
     7  of liquor or malt or brewed beverages by any licensee within the
     8  scope of this article, his officers, servants, agents or
     9  employes, or upon any other sufficient cause shown, the board
    10  may, within one year from the date of such violation or cause
    11  appearing, cite such licensee to appear before it or its
    12  examiner, not less than ten nor more than sixty days from the
    13  date of sending such licensee, by registered mail, a notice
    14  addressed to him at his licensed premises, to show cause why
    15  such license should not be suspended or revoked or a fine
    16  imposed. Hearings on such citations shall be held in the same
    17  manner as provided herein for hearings on applications for
    18  license. Upon such hearing, if satisfied that any such violation
    19  has occurred or for other sufficient cause, the board shall
    20  immediately suspend or revoke the license, or impose a fine of
    21  not less than fifty dollars ($50) nor more than one thousand
    22  dollars ($1,000), notifying the licensee by registered letter
    23  addressed to his licensed premises. In the event the fine is not
    24  paid within twenty days of the order the board shall suspend or
    25  revoke the license, notifying the licensee by registered mail
    26  addressed to his licensed premises. Suspensions and revocations
    27  shall not go into effect until twenty days have elapsed from the
    28  date of notice of issuance of the board's order, during which
    29  time the licensee may take an appeal as provided for in this
    30  act. When a license is revoked, the licensee's bond may be
    19870H1000B1102                 - 137 -

     1  forfeited by the board. Any licensee whose license is revoked
     2  shall be ineligible to have a license under this act until the
     3  expiration of three years from the date such license was
     4  revoked. In the event the board shall revoke a license, no
     5  license shall be granted for the premises or transferred to the
     6  premises in which the said license was conducted for a period of
     7  at least one year after the date of the revocation of the
     8  license conducted in the said premises, except in cases where
     9  the licensee or a member of his immediate family is not the
    10  owner of the premises, in which case the board may, in its
    11  discretion, issue or transfer a license within the said year. In
    12  all such cases, the board shall file of record at least a brief
    13  statement in the form of an opinion of the reasons for the
    14  ruling or order. In the event the person who was fined or whose
    15  license was suspended or revoked by the board shall feel
    16  aggrieved by the action of the board, he shall have the right to
    17  appeal to the court of quarter sessions or the county court of
    18  Allegheny County in the same manner as herein provided for
    19  appeals from refusals to grant licenses. Upon appeal, the court
    20  so appealed to shall, in the exercise of its discretion,
    21  sustain, reject, alter or modify the findings, conclusions and
    22  penalties of the board, based on the findings of fact and
    23  conclusions of law as found by the court. The aforesaid appeal
    24  shall act as a supersedeas unless upon sufficient cause shown
    25  the court shall determine otherwise. No penalty provided by this
    26  section shall be imposed by the board or any court for any
    27  violations provided for in this act unless the enforcement
    28  officer or the board notifies the licensee of its nature and of
    29  the date of the alleged violation within ten days of the
    30  completion of the investigation which in no event shall exceed
    19870H1000B1102                 - 138 -

     1  ninety days.
     2     If the violation in question is a third or subsequent
     3  violation of this act or the act of June 24, 1939 (P.L.872),
     4  known as "The Penal Code," occurring within a period of four
     5  years the board shall impose a suspension or revocation.
     6     The jurisdiction of the county court of Allegheny County
     7  conferred hereby shall be exclusive within the territorial
     8  limits of its jurisdiction.] (a)  Upon learning of any violation
     9  of this act or any laws of this Commonwealth relating to liquor,
    10  alcohol or malt or brewed beverages, or of any regulations of
    11  the commission adopted pursuant to such laws, or any violation
    12  of any laws of this Commonwealth or of the Federal Government
    13  relating to the payment of taxes on liquor, alcohol or malt or
    14  brewed beverages by any licensee within the scope of this
    15  article, his officers, servants, agents or employes, or upon any
    16  other sufficient cause shown, the enforcement bureau may, within
    17  one year from the date of such violation or cause appearing,
    18  cite such licensee to appear before an administrative law judge,
    19  not less than ten nor more than sixty days from the date of
    20  sending such licensee, by registered mail, a notice addressed to
    21  him at his licensed premises, to show cause why such license
    22  should not be suspended or revoked or a fine imposed, or both.
    23  The bureau shall also send a copy of the hearing notice to the
    24  municipality in which the premises is located.
    25     (b)  Hearing on such citations shall be held in the same
    26  manner as provided herein for hearings on applications for
    27  license. Upon such hearing, if satisfied that any such violation
    28  has occurred or for other sufficient cause, the administrative
    29  law judge shall immediately suspend or revoke the license, or
    30  impose a fine of not less than fifty dollars ($50) nor more than
    19870H1000B1102                 - 139 -

     1  one thousand dollars ($1,000), or both, notifying the licensee
     2  by registered letter addressed to his licensed premises. If the
     3  licensee has been cited and found to have violated section
     4  493(10) insofar as it relates to lewd, immoral or improper
     5  entertainment, or has been found to be a public nuisance
     6  pursuant to section 611, or if the owner or operator of the
     7  licensed premises or any authorized agent of the owner or
     8  operator has been convicted of any violation of the act of April
     9  14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
    10  Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 5902
    11  (relating to prostitution and related offenses) or 6301
    12  (relating to corruption of minors), at or relating to the
    13  licensed premises, the administrative law judge shall
    14  immediately suspend or revoke the license, or impose a fine of
    15  not less than one thousand dollars ($1,000) nor more than five
    16  thousand dollars ($5,000), or both. The administrative law judge
    17  shall notify the licensee by registered mail, addressed to the
    18  licensed premises, of such suspension, revocation or fine. The
    19  increased civil penalty imposed by this subsection shall not be
    20  used to require any licensee to increase the amount of the bond
    21  required by this act. In the event the fine is not paid within
    22  twenty days of the adjudication, the administrative law judge
    23  shall suspend or revoke the license, notifying the licensee by
    24  registered mail addressed to the licensed premises. Suspensions
    25  and revocations shall not go into effect until thirty days have
    26  elapsed from the date of the adjudication during which time the
    27  licensee may take an appeal as provided for in this act. When a
    28  license is revoked, the licensee's bond may be forfeited. Any
    29  licensee whose license is revoked shall be ineligible to have a
    30  license under this act until the expiration of three years from
    19870H1000B1102                 - 140 -

     1  the date such license was revoked. In the event a license is
     2  revoked, no license shall be granted for the premises or
     3  transferred to the premises in which the said license was
     4  conducted for a period of at least one year after the date of
     5  the revocation of the license conducted in the said premises,
     6  except in cases where the licensee or a member of his immediate
     7  family is not the owner of the premises, in which case the
     8  commission may, in its discretion, issue or transfer a license
     9  within the said year. In the event the bureau or the person who
    10  was fined or whose license was suspended or revoked shall feel
    11  aggrieved by the adjudication of the administrative law judge,
    12  there shall be a right to appeal to the court of common pleas in
    13  the same manner as herein provided for appeals from refusals to
    14  grant licenses. The aforesaid appeal shall act as a supersedeas
    15  unless upon sufficient cause shown the court shall determine
    16  otherwise; however, if the licensee has been cited and found to
    17  have violated section 493(10) insofar as it relates to lewd,
    18  immoral or improper entertainment, or has been found to be a
    19  public nuisance pursuant to section 611, or if the owner or
    20  operator of the licensed premises or any authorized agent of the
    21  owner or operator has been convicted of any violation of "The
    22  Controlled Substance, Drug, Device and Cosmetic Act," or of 18
    23  Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
    24  its appeal shall not act as a supersedeas unless the court
    25  determines otherwise upon sufficient cause shown. In any hearing
    26  on an application for a supersedeas under this section, the
    27  court may consider, in addition to other relevant evidence,
    28  documentary evidence, including records of the bureau, showing
    29  the prior history of citations, fines, suspensions or
    30  revocations against the licensee; and the court may also
    19870H1000B1102                 - 141 -

     1  consider, in addition to other relevant evidence, evidence of
     2  any recurrence of the unlawful activity occurring between the
     3  date of the citation which is the subject of the appeal and the
     4  date of the hearing by the court. No penalty provided by this
     5  section shall be imposed for any violations provided for in this
     6  act unless the bureau notifies the licensee of its nature within
     7  thirty days of the completion of the investigation.
     8     (c)  If the violation in question is a third or subsequent
     9  violation of this act or Title 18 of the Pennsylvania
    10  Consolidated Statutes (relating to crime and offenses),
    11  occurring within a period of four years, the administrative law
    12  judge shall impose a suspension or revocation.
    13     Section 71.  Section 472 of the act, amended May 2, 1986
    14  (P.L.141, No.44), is reenacted and amended to read:
    15     Section 472.  Local Option.--In any municipality or any part
    16  of a municipality where such municipality is split so that each
    17  part thereof is separated by another municipality, an election
    18  may be held on the date of the primary election immediately
    19  preceding any municipal election, but not oftener than once in
    20  four years, to determine the will of the electors with respect
    21  to the granting of liquor licenses to hotels, restaurants and
    22  clubs, not oftener than once in four years, to determine the
    23  will of the electors with respect to the granting of liquor
    24  licenses to privately-owned private golf courses, not oftener
    25  than once in four years, to determine the will of the electors
    26  with respect to the granting of licenses to retail dispensers of
    27  malt and brewed beverages, not oftener than once in four years,
    28  to determine the will of the electors with respect to granting
    29  of licenses to wholesale distributors and importing
    30  distributors, or not more than once in four years, to determine
    19870H1000B1102                 - 142 -

     1  the will of the electors with respect to the establishment,
     2  operation and maintenance by the [board] commission of
     3  Pennsylvania liquor stores, within the limits of such
     4  municipality or part of a split municipality, under the
     5  provisions of this act: Provided, however, Where an election
     6  shall have been held at the primary preceding a municipal
     7  election in any year, another election may be held under the
     8  provisions of this act at the primary occurring the fourth year
     9  after such prior election: And provided further, That an
    10  election on the question of establishing and operating a State
    11  liquor store shall be initiated only in those municipalities, or
    12  that part of a split municipality that shall have voted against
    13  the granting of liquor licenses; and that an election on the
    14  question of granting wholesale distributor and importing
    15  distributor licenses shall be initiated only in those
    16  municipalities or parts of split municipalities that shall have
    17  at a previous election voted against the granting of dispenser's
    18  licenses. Whenever electors equal to at least twenty-five per
    19  centum of the highest vote cast for any office in the
    20  municipality or part of a split municipality at the last
    21  preceding general election shall file a petition with the county
    22  board of elections of the county for a referendum on the
    23  question of granting any of said classes of licenses or the
    24  establishment of Pennsylvania liquor stores, the said county
    25  board of elections shall cause a question to be placed on the
    26  ballots or on the voting machine board and submitted at the
    27  primary immediately preceding the municipal election. Separate
    28  petitions must be filed for each question to be voted on. Said
    29  proceedings shall be in the manner and subject to the provisions
    30  of the election laws which relate to the signing, filing and
    19870H1000B1102                 - 143 -

     1  adjudication of nomination petitions, insofar as such provisions
     2  are applicable.
     3     When the question is in respect to the granting of liquor
     4  licenses, it shall be in the following form:
     5     Do you favor the granting of liquor licenses
     6     for the sale of liquor in........................  Yes
     7     of..............................................?  No
     8     When the question is in respect to the granting of liquor
     9  licenses, for privately-owned private golf courses, it shall be
    10  in the following form:
    11     Do you favor the granting of liquor licenses for
    12     privately-owned private golf courses for the sale
    13     of liquor in.................by..................  Yes
    14     of..............................................?  No
    15     When the question is in respect to the granting of licenses
    16  to retail dispensers of malt and brewed beverages, it shall be
    17  in the following form:
    18     Do you favor the granting of malt and brewed
    19     beverage retail dispenser licenses for
    20     consumption on premises where sold in the........  Yes
    21     of..............................................?  No
    22     When the question is in respect to the granting of licenses
    23  to wholesale distributors of malt or brewed beverages and
    24  importing distributors, it shall be in the following form:
    25     Do you favor the granting of malt and brewed
    26     beverage wholesale distributor's and importing
    27     distributor's licenses not for consumption on
    28     premises where sold in the.......................  Yes
    29     of..............................................?  No
    30     When the question is in respect to the establishment,
    19870H1000B1102                 - 144 -

     1  operation and maintenance of Pennsylvania liquor stores it shall
     2  be in the following form:
     3     Do you favor the establishment, operation
     4     and maintenance of Pennsylvania liquor
     5     stores in the....................................  Yes
     6     of..............................................?  No
     7     In case of a tie vote, the status quo shall obtain. If a
     8  majority of the voting electors on any such question vote "yes,"
     9  then liquor licenses shall be granted by the [board] commission
    10  to hotels, restaurants and clubs, or liquor licenses shall be
    11  granted by the [board] commission to privately-owned private
    12  golf courses, or malt and brewed beverage retail dispenser
    13  licenses or wholesale distributor's and importing distributor's
    14  license for the sale of malt or brewed beverages shall be
    15  granted by the [board] commission, or the [board] commission may
    16  establish, operate and maintain Pennsylvania liquor stores, as
    17  the case may be, in such municipality or part of a split
    18  municipality, as provided by this act; but if a majority of the
    19  electors voting on any such question vote "no," then the [board]
    20  commission shall have no power to grant or to renew upon their
    21  expiration any licenses of the class so voted upon in such
    22  municipality or part of a split municipality; or if the negative
    23  vote is on the question in respect to the establishment,
    24  operation and maintenance of Pennsylvania liquor stores, the
    25  [board] commission shall not open and operate a Pennsylvania
    26  liquor store in such municipality or part of a split
    27  municipality, nor continue to operate a then existing
    28  Pennsylvania liquor store in the municipality or part of a split
    29  municipality for more than two years thereafter or after the
    30  expiration of the term of the lease on the premises occupied by
    19870H1000B1102                 - 145 -

     1  such store, whichever period is less, unless and until at a
     2  later election a majority of the voting electors vote "yes" on
     3  such question.
     4     Section 72.  Section 472.1 of the act, added September 15,
     5  1961 (P.L.1337, No.590), is reenacted to read:
     6     Section 472.1.  Clubs.--Whenever any club in existence at
     7  least five years prior to the time of application for license
     8  owns a contiguous plot of land in more than two municipalities
     9  in one or more but less than all of which the granting of liquor
    10  licenses has not been prohibited and at least one acre of the
    11  plot of land owned by the club is situated in each municipality
    12  in which the granting of liquor licenses has not been
    13  prohibited, the club may be issued a club liquor license or a
    14  catering license by the board if the board finds that the
    15  license will not be detrimental to any residential neighborhood.
    16  This section shall not be construed to prohibit the issuance of
    17  club liquor licenses or catering licenses which may otherwise be
    18  issued under the provisions of this act.
    19     Section 73.  Section 472.2 of the act, added November 18,
    20  1969 (P.L.296, No.124), is reenacted and amended to read:
    21     Section 472.2.  Granting of Liquor Licenses in Certain
    22  Municipalities.--(a)  In any municipality which has, prior to
    23  January 1, 1967, by referendum approved the granting of malt and
    24  brewed beverage retail dispensers' licenses and has also
    25  thereafter, in a separate and subsequent referendum approved the
    26  granting of liquor licenses prior to the effective date of this
    27  amendment, the [board] commission may issue to an applicant
    28  holding a malt and brewed beverage retail dispenser's license, a
    29  liquor license: Provided, That the applicant surrenders for
    30  cancellation the malt and brewed beverage retail dispenser's
    19870H1000B1102                 - 146 -

     1  license. The [board] commissioner shall not issue such a liquor
     2  license in excess of one for each one thousand five hundred
     3  residents in said municipality and any application for said
     4  license shall be filed within two years from the effective date
     5  of this amendment.
     6     (b)  Nothing in this section shall otherwise affect any
     7  existing malt and brewed beverage retail dispenser's license.
     8     (c)  The [board] commission may not accept, act upon, or
     9  grant an application for a liquor license under this section,
    10  when such application, if granted, would cause an excess in the
    11  aforesaid quota of one liquor license for each one thousand five
    12  hundred residents in said municipality. Nor shall an applicant
    13  under this section be required to surrender his malt and brewed
    14  beverage retail dispenser's license until and unless the [board]
    15  commission has granted his application for a liquor license.
    16     Section 74.  Section 472.3 of the act, added July 3, 1980
    17  (P.L.348, No.88), is reenacted and amended to read:
    18     Section 472.3.  Exchange of Certain Licenses.--(a)  In any
    19  municipality wherein restaurant liquor license issue, the
    20  [board] commission may issue to a club as defined in this act, a
    21  club liquor license in exchange for a club retail dispenser
    22  license.
    23     (b)  An applicant under this section shall surrender his club
    24  retail dispenser license for cancellation prior to the issuance
    25  of the new club liquor license.
    26     (c)  The applicant for such exchange of license shall file an
    27  application for a club liquor license and shall post a notice of
    28  such application in the manner provided in section 403. In
    29  determining whether the exchange shall be granted the [board]
    30  commission shall have the same discretion as provided in section
    19870H1000B1102                 - 147 -

     1  404 in the case of any new license.
     2     (d)  The provisions of section 461 pertaining to quota shall
     3  not pertain to this section for exchange purposes.
     4     Section 75.  Section 473 of the act, added January 13, 1966
     5  (1965 P.L.1301, No.518), is reenacted and amended to read:
     6     Section 473.  Public Record.--(a)  Any person having a
     7  pecuniary interest in the conduct of business on licensed
     8  premises whether that interest is direct or indirect, legal or
     9  equitable, individual, corporate, or mutual shall file his name
    10  and address with the [board] commission on forms provided by the
    11  [board] commission. In the case of corporate ownership, the
    12  secretary of the corporation shall file with the [board]
    13  commission the names and addresses of all persons having such a
    14  corporate pecuniary interest.
    15     (b)  The names and addresses required by this section shall
    16  be recorded by the [board] commission and made available to the
    17  public as a public record.
    18     Section 76.  Section 474 of the act, added July 20, 1968
    19  (P.L.429, No.201), is reenacted and 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] commission for the benefit of the licensee due to the
    23  licensed establishment not having been in operation for any
    24  reason whatsoever for a period of time not exceeding fifteen
    25  days, the license shall be held by the [board] commission for
    26  the benefit of the licensee for a period of time not exceeding
    27  one year, or, upon proper application to the [board] commission,
    28  for an additional year, and the license shall be revoked at the
    29  termination of the period, and transfer of the license shall not
    30  be permitted after the termination of the period.
    19870H1000B1102                 - 148 -

     1     Section 77.  Section 475 of the act, amended November 26,
     2  1978 (P.L.1389, No.326) and June 24, 1982 (P.L.624, No.176), is
     3  reenacted to read:
     4     Section 475.  Establishments Proximate to Interstate Highways
     5  Not To Be Licensed.--(a)  No license for the sale of liquor or
     6  malt or brewed beverages in any quantity shall be granted to the
     7  proprietor, lessee, keeper or manager of an establishment the
     8  building entrance to which is located within three hundred feet
     9  of the entrance or exit of an interstate limited access highway.
    10     (b)  This section shall not apply to existing licenses, nor
    11  be deemed to affect the right of an existing licensee to
    12  reinstatement or renewal of his license.
    13     Section 78.  Subheading (D) of Article IV of the act is
    14  reenacted to read:
    15                   (D)  Unlawful Acts; Penalties.
    16     Section 79.  Section 491 of the act, amended July 18, 1961
    17  (P.L.789, No.347), May 5, 1970 (P.L.342, No.110), October 11,
    18  1972 (P.L.906, No.215), October 2, 1974 (P.L.665, No.220),
    19  October 10, 1974 (P.L.692, No.231), December 12, 1980 (P.L.1195,
    20  No.221) and February 9, 1984 (P.L.21, No.8), is reenacted and
    21  amended to read:
    22     Section 491.  Unlawful Acts Relative to Liquor, Alcohol and
    23  Liquor Licensees.--
    24     It shall be unlawful--
    25     (1)  Sales of Liquor. For any person, by himself or by an
    26  employe or agent, to expose or keep for sale, or directly or
    27  indirectly, or upon any pretense or upon any device, to sell or
    28  offer to sell any liquor within this Commonwealth, except in
    29  accordance with the provisions of this act and the regulations
    30  of the [board] commission. This clause shall not be construed to
    19870H1000B1102                 - 149 -

     1  prohibit hospitals, physicians, dentists or veterinarians who
     2  are licensed and registered under the laws of this Commonwealth
     3  from administering liquor in the regular course of their
     4  professional work and taking into account the cost of the liquor
     5  so administered in making charges for their professional
     6  service, or a pharmacist duly licensed and registered under the
     7  laws of this Commonwealth from dispensing liquor on a
     8  prescription of a duly licensed physician, dentist or
     9  veterinarian, or selling medical preparations containing
    10  alcohol, or using liquor in compounding prescriptions or
    11  medicines and making a charge for the liquor used in such
    12  medicines, or a manufacturing pharmacist or chemist from using
    13  liquor in manufacturing preparations unfit for beverage purposes
    14  and making a charge for the liquor so used. All such liquors so
    15  administered or sold by hospitals, physicians, dentists,
    16  veterinarians, pharmacists or chemists shall conform to the
    17  Pharmacopoeia of the United States, the National Formulary, or
    18  the American Homeopathic Pharmacopoeia. This clause shall not be
    19  construed to prohibit an executor or an administrator of a
    20  decedent's estate from selling privately or at public auction
    21  liquor which was an asset of the decedent. The [board]
    22  commission shall establish regulations to ensure that State
    23  taxes from the sales will be paid by the estate from the
    24  proceeds of the sale. The [board] commission may not prohibit a
    25  sale of liquor for the reason that it was not lawfully acquired
    26  prior to January 1, 1934 or has not been purchased from a
    27  Pennsylvania Liquor Store or in compliance with Pennsylvania
    28  law.
    29     (2)  Possession or Transportation of Liquor or Alcohol. For
    30  any person, except a manufacturer or the [board] commission or
    19870H1000B1102                 - 150 -

     1  the holder of a sacramental wine license or of an importer's
     2  license, to possess or transport any liquor or alcohol within
     3  this Commonwealth which was not lawfully acquired prior to
     4  January first, one thousand nine hundred and thirty-four, or has
     5  not been purchased from a Pennsylvania Liquor Store or a
     6  licensed limited winery in Pennsylvania, except miniatures
     7  totalling less than one gallon purchased by a collector of the
     8  same in another state or foreign country, or in accordance with
     9  the [board's] commission's regulations. The burden shall be upon
    10  the person possessing or transporting such liquor or alcohol to
    11  prove that it was so acquired. But nothing herein contained
    12  shall prohibit the manufacture or possession of wine by any
    13  person in his home for consumption of himself, his family and
    14  guests and not for sale, not exceeding, during any one calendar
    15  year, two hundred gallons, any other law to the contrary
    16  notwithstanding. Such wine shall not be manufactured, possessed,
    17  offered for sale or sold on any licensed premises.
    18     None of the provisions herein contained shall prohibit nor
    19  shall it be unlawful for any person to import into Pennsylvania,
    20  transport or have in his possession, an amount of liquor not
    21  exceeding one gallon in volume upon which a State tax has not
    22  been paid, if it can be shown to the satisfaction of the [board]
    23  commission that such person purchased the liquor in a foreign
    24  country or United States territory and was allowed to bring it
    25  into the United States. Neither shall the provisions contained
    26  herein prohibit nor make it unlawful for (i) any member of the
    27  armed forces on active duty, or (ii) any retired member of the
    28  armed forces, or (iii) any totally disabled veteran, or (iv) the
    29  spouse of any person included in the foregoing classes of
    30  persons to import into Pennsylvania, transport or have in his
    19870H1000B1102                 - 151 -

     1  possession an amount of liquor not exceeding one gallon per
     2  month in volume upon which the State tax has not been paid, so
     3  long as such liquor has been lawfully purchased from a package
     4  store established and maintained under the authority of the
     5  United States and is in containers identified in accordance with
     6  regulations issued by the Department of Defense. Such liquor
     7  shall not be possessed, offered for sale or sold on any licensed
     8  premises.
     9     None of the provisions herein contained shall prohibit nor
    10  shall it be unlawful for any consul general, consul or other
    11  diplomatic officer of a foreign government to import into
    12  Pennsylvania, transport or have in his possession liquor upon
    13  which a State tax has not been paid, if it can be shown to the
    14  satisfaction of the [board] commission that such person acquired
    15  the liquor in a foreign country and was allowed to bring it into
    16  the United States. Such liquor shall not be possessed, offered
    17  for sale or sold on any licensed premises.
    18     Any person violating the provisions of this clause for a
    19  first offense involving the possession or transportation in
    20  Pennsylvania of any liquor in a package (bottle or other
    21  receptacle) or wine not purchased from a Pennsylvania Liquor
    22  Store or from a licensed limited winery in Pennsylvania, with
    23  respect to which satisfactory proof is produced that the
    24  required Federal tax has been paid and which was purchased,
    25  procured or acquired legally outside of Pennsylvania shall upon
    26  conviction thereof in a summary proceeding be sentenced to pay a
    27  fine of twenty-five dollars ($25) for each such package, plus
    28  costs of prosecution, or undergo imprisonment for a term not
    29  exceeding ninety (90) days. Each full quart or major fraction
    30  thereof shall be considered a separate package (bottle or other
    19870H1000B1102                 - 152 -

     1  receptacle) for the purposes of this clause. Such packages of
     2  liquor shall be forfeited to the Commonwealth in the manner
     3  prescribed in Article VI of this act but the vehicle, boat,
     4  vessel, animal or aircraft used in the illegal transportation of
     5  such packages shall not be subject to forfeiture: Provided,
     6  however, That if it is a second or subsequent offense or if it
     7  is established that the illegal possession or transportation was
     8  in connection with a commercial transaction, then the other
     9  provisions of this act providing for prosecution as a
    10  misdemeanor and for the forfeiture of the vehicle, boat, vessel,
    11  animal or aircraft shall apply.
    12     (3)  Purchase of Liquor or Alcohol. For any person within
    13  this Commonwealth, by himself or by an employe or agent, to
    14  attempt to purchase, or directly or indirectly, or upon any
    15  pretense or device whatsoever, to purchase any liquor or alcohol
    16  from any person or source other than a Pennsylvania Liquor
    17  Store, except in accordance with the provisions of this act or
    18  the regulations of the [board] commission.
    19     (4)  Possession and Use of Decanters. For any person to use
    20  decanters of alcoholic beverages except that the use of
    21  decanters or other similar receptacles by licensees shall be
    22  permitted in the case of wines and then only in accordance with
    23  the regulations of the [board] commission, but nothing herein
    24  contained shall prohibit the manufacture and possession of wine
    25  as provided in clause (2) of this section.
    26     (5)  Failure to Break Empty Liquor Containers. For any
    27  restaurant, hotel or club licensee, his servants, agents or
    28  employes, to fail to break any package in which liquors were
    29  contained, except those decanter packages that the [board]
    30  commission determines to be decorative, within twenty-four hours
    19870H1000B1102                 - 153 -

     1  after the original contents were removed therefrom.
     2     (6)  Sales by Restaurant and Hotel Liquor Licensees. For any
     3  restaurant or hotel licensee, his servants, agents or employes,
     4  to sell any liquor or malt or brewed beverages for consumption
     5  on the licensed premises except in a room or rooms or place on
     6  the licensed premises at all times accessible to the use and
     7  accommodation of the general public, but this section shall not
     8  be interpreted to prohibit a hotel licensee, or a restaurant
     9  licensee when the restaurant is located in a hotel, from selling
    10  liquor or malt or brewed beverages in any room of such hotel
    11  occupied by a bona fide guest or to prohibit a restaurant
    12  licensee from selling liquor or malt or brewed beverages in a
    13  bowling alley when no minors are present where the restaurant
    14  and bowling alley are immediately adjacent and under the same
    15  roof.
    16     (7)  Sales of Liquor by Manufacturers and Licensed Importers.
    17  For any manufacturer or licensed importer of liquor in this
    18  Commonwealth, his agents, servants or employes, to sell or offer
    19  to sell any liquor in this Commonwealth except to the [board]
    20  commission for use in Pennsylvania Liquor Stores, and in the
    21  case of a manufacturer, to the holder of a sacramental wine
    22  license or an importer's license, but a manufacturer or licensed
    23  importer may sell or offer to sell liquor to persons outside of
    24  this Commonwealth.
    25     (8)  Importation and Sales of Alcohol. For any person, to
    26  import alcohol into this Commonwealth, or to sell alcohol to any
    27  person, except in accordance with the regulations of the [board]
    28  commission.
    29     (9)  Possession of Alcohol. For any person, to have alcohol
    30  in his possession, except in accordance with the provisions of
    19870H1000B1102                 - 154 -

     1  this act and the regulations of the [board] commission.
     2     (10)  Fortifying, Adulterating or Contaminating Liquor. For
     3  any licensee or any employe or agent of a licensee or of the
     4  [board] commission, to fortify, adulterate or contaminate any
     5  liquor, except as permitted by the regulations of the [board]
     6  commission, or to refill wholly or in part, with any liquid or
     7  substance whatsoever, any liquor bottle or other liquor
     8  container.
     9     (11)  Importation of Liquor. For any person, other than the
    10  [board] commission or the holder of a sacramental wine license
    11  or of an importer's license, to import any liquor whatsoever
    12  into this Commonwealth, but this section shall not be construed
    13  to prohibit railroad and pullman companies from selling liquors
    14  purchased outside the Commonwealth in their dining, club and
    15  buffet cars which are covered by public service liquor licenses
    16  and which are operated in this Commonwealth.
    17     (12)  Delivery of Liquor by Certain Licensees. For a liquor
    18  licensee permitted to deliver liquor, to make any deliveries
    19  except in his own vehicles bearing his name, address and license
    20  number on each side in letters not smaller than four inches in
    21  height, or in the vehicle of another person duly authorized to
    22  transport liquor within this Commonwealth.
    23     (13)  Violation of Certain Rules and Regulations of [Board]
    24  Commission. For any person, to violate any rules and regulations
    25  adopted by the [board] commission to insure the equitable
    26  wholesale and retail sale and distribution of liquor and alcohol
    27  through the Pennsylvania Liquor Stores.
    28     (14)  Offering Commission or Gift to Members of [Board]
    29  Commission or State Employe. For any person selling or offering
    30  to sell liquor or alcohol to, or purchasing at wholesale liquor
    19870H1000B1102                 - 155 -

     1  or alcohol from, the [board] commission, either directly or
     2  indirectly, to pay or offer to pay any commission, profit or
     3  remuneration, or to make or offer to make any gift to any member
     4  or employe of the [board] commission or other employe of the
     5  Commonwealth or to anyone on behalf of such member or employe.
     6     Section 80.  Section 492 of the act, amended July 3, 1957
     7  (P.L.475, No.268), June 22, 1980 (P.L.253, No.73) and June 24,
     8  1982 (P.L.624, No.176), is reenacted and amended to read:
     9     Section 492.  Unlawful Acts Relative to Malt or Brewed
    10  Beverages and Licensees.--
    11     It shall be unlawful--
    12     (1)  Manufacturing Without License. For any person, to
    13  manufacture malt or brewed beverages, unless such person holds a
    14  valid manufacturer's license for such purpose issued by the
    15  board.
    16     (2)  Sales of Malt or Brewed Beverages for Consumption on the
    17  Premises. For any person, to sell to another for consumption
    18  upon the premises where sold or to permit another to consume
    19  upon the premises where sold, any malt or brewed beverages,
    20  unless such person holds a valid retail dispenser license or a
    21  valid liquor license issued by the [board] commission
    22  authorizing the sale of malt or brewed beverages for consumption
    23  upon such premises.
    24     (3)  Sales of Malt or Brewed Beverages Not for Consumption on
    25  the Premises. For any person, to sell to another any malt or
    26  brewed beverages not for consumption upon the premises where
    27  sold, unless such person holds a valid license permitting such
    28  sale.
    29     (4)  Sunday Sales of Malt or Brewed Beverages by
    30  Manufacturers, Importing Distributors or Distributors. For any
    19870H1000B1102                 - 156 -

     1  manufacturer of malt or brewed beverages, importing distributor
     2  or distributor, or the servants, agents or employes of the same,
     3  to sell, trade or barter in malt or brewed beverages between the
     4  hours of twelve o'clock midnight of any Saturday and two o'clock
     5  in the forenoon of the following Monday.
     6     (5)  Sales of Malt or Brewed Beverages by Hotels, Eating
     7  Places or Public Service Licensees During Prohibited Hours.--For
     8  any hotel or eating place holding a retail dispenser's license,
     9  or the servants, agents or employes of such licensees, to sell,
    10  trade or barter in malt or brewed beverages between the hours of
    11  two o'clock antemeridian Sunday and seven o'clock in the
    12  forenoon of the following Monday, or between the hours of two
    13  o'clock antemeridian and seven o'clock antemeridian of any week
    14  day: Provided, That notwithstanding any provision to the
    15  contrary, whenever the thirty-first day of December falls on a
    16  Sunday such sales of malt or brewed beverages may be made on
    17  such day after one o'clock postmeridian and until two o'clock
    18  antemeridian of the following day. For any public service
    19  licensee authorized to sell malt or brewed beverages or the
    20  servants, agents or employes of such licensees to sell, trade or
    21  barter in malt or brewed beverages between the hours of two
    22  o'clock antemeridian and seven o'clock antemeridian on any day.
    23     Any licensee holding a retail dispenser license or a malt or
    24  brewed beverage public service license may, by giving notice to
    25  the board, advance by one hour the hours herein prescribed as
    26  those during which malt or brewed beverages may be sold during
    27  such part of the year when daylight saving time is being
    28  observed generally in the municipality in which the place of
    29  business is located. Any licensee who elects to operate his
    30  place of business in accordance with daylight saving time shall
    19870H1000B1102                 - 157 -

     1  post a conspicuous notice in his place of business that he is
     2  operating in accordance with daylight saving time.
     3     (6)  Sales of Malt or Brewed Beverages on Election Day by
     4  Hotels, Eating Places or Public Service Licensees. For any hotel
     5  or eating place holding a retail dispenser's license, or any
     6  malt or brewed beverage public service licensee, or his
     7  servants, agents or employes, to sell, furnish or give any malt
     8  or brewed beverages to any person after two o'clock
     9  antemeridian, or until one hour after the time fixed by law for
    10  the closing of polling places on days on which a general,
    11  municipal, special or primary election is being held except as
    12  permitted by subsection (f) of section 432.
    13     (7)  Clubs Selling Between Three O'Clock Antemeridian and
    14  Seven O'Clock Antemeridian. For any club retail dispenser, or
    15  its servants, agents or employes, to sell malt or brewed
    16  beverages between the hours of three o'clock antemeridian and
    17  seven o'clock antemeridian on any day.
    18     (8)  Transportation of Malt or Brewed Beverages. For any
    19  person, to transport malt or brewed beverages except in the
    20  original containers, or to transport malt or brewed beverages
    21  for another who is engaged in selling either liquor or malt or
    22  brewed beverages, unless such person shall hold (a) a license to
    23  transport for hire, alcohol, liquor and malt or brewed
    24  beverages, as hereinafter provided in this act, or (b) shall
    25  hold a permit issued by the board and shall have paid to the
    26  board such permit fee, not exceeding one hundred dollars ($100),
    27  and shall have filed with the board a bond in the penal sum of
    28  not more than two thousand dollars ($2000), as may be fixed by
    29  the rules and regulations of the board, any other law to the
    30  contrary notwithstanding.
    19870H1000B1102                 - 158 -

     1     (9)  Transportation of Malt or Brewed Beverages by Licensee.
     2  For a malt or brewed beverage licensee, to deliver or transport
     3  any malt or brewed beverages, excepting in vehicles bearing the
     4  name and address and license number of such licensee painted or
     5  affixed on each side of such vehicle in letters no smaller than
     6  four inches in height.
     7     (10)  Importing or Transporting Malt or Brewed Beverages
     8  Without Tax Stamps. For any person, to transport within or
     9  import any malt or brewed beverages into this Commonwealth,
    10  except in accordance with the rules and regulations of the
    11  board, or for any person to transport malt or brewed beverages
    12  into or within this Commonwealth, unless there shall be affixed
    13  to the original containers in which such malt or brewed
    14  beverages are transported, stamps or crowns evidencing the
    15  payment of the malt liquor tax to the Commonwealth: Provided,
    16  however, That this clause shall not be construed to prohibit
    17  transportation of malt or brewed beverages through this
    18  Commonwealth and not for delivery therein, if such transporting
    19  is done in accordance with the rules and regulations of the
    20  [board] commission.
    21     (11)  Delivery of Malt or Brewed Beverages With Other
    22  Commodities. For any manufacturer, importing distributor or
    23  distributor, or his servants, agents or employes, except with
    24  [board] commission approval, to deliver or transport any malt or
    25  brewed beverages in any vehicle in which any other commodity is
    26  being transported.
    27     (12)  Distributors and Importing Distributors Engaging in
    28  Other Business. For any distributor or importing distributor, or
    29  his servants, agents or employes, without the approval of the
    30  [board] commission, and then only in accordance with [board]
    19870H1000B1102                 - 159 -

     1  commission regulations, to engage in any other business
     2  whatsoever, except the business of distributing malt or brewed
     3  beverages.
     4     (13)  Possession or Storage of Liquor or Alcohol by Certain
     5  Licensees. For any distributor, importing distributor or retail
     6  dispenser, or his servants, agents or employes, to have in his
     7  possession, or to permit the storage of on the licensed premises
     8  or in any place contiguous or adjacent thereto accessible to the
     9  public or used in connection with the operation of the licensed
    10  premises, any alcohol or liquor.
    11     (14)  Malt or Brewed Beverage Licensees Dealing in Liquor or
    12  Alcohol. For any malt or brewed beverage licensee, other than a
    13  manufacturer, or the servants, agents or employes thereof, to
    14  manufacture, import, sell, transport, store, trade or barter in
    15  any liquor or alcohol.
    16     (15)  Selling to Persons Doing Illegal Business. For any malt
    17  or brewed beverage licensee, or his servants, agents or
    18  employes, to knowingly sell any malt or brewed beverages to any
    19  person engaged in the business of illegally selling liquor or
    20  malt or brewed beverages.
    21     (16)  Distributors and Importing Distributors Failing to Keep
    22  Records. For any importing distributor or distributor engaged in
    23  the sale of products, other than malt or brewed beverages, to
    24  fail to keep such complete separate records covering in every
    25  respect his transactions in malt or brewed beverages as the
    26  [board] commission shall by regulation require.
    27     (17)  Fortifying, Adulterating or Contaminating Malt or
    28  Brewed Beverages. For any person, to fortify, adulterate,
    29  contaminate, or in any wise to change the character or purity
    30  of, the malt or brewed beverages from that as originally
    19870H1000B1102                 - 160 -

     1  marketed by the manufacturer at the place of manufacture.
     2     (18)  Coercing Distributors and Importing Distributors. For
     3  any manufacturer or any officer, agent or representative of any
     4  manufacturer to coerce or persuade or attempt to coerce or
     5  persuade any person licensed to sell or distribute malt or
     6  brewed beverages at wholesale or retail to establish selling
     7  prices for its products or to enter into any contracts or
     8  agreements, whether written or oral, or take any action which
     9  will violate or tend to violate any provisions of this act or
    10  any of the rules or regulations promulgated by the [board]
    11  commission pursuant thereto.
    12     (19)  Modifying or Terminating Distributing Rights Agreement.
    13  For any manufacturer or any officer, agent or representative of
    14  any manufacturer to modify, cancel, terminate, rescind or not
    15  renew, without good cause, any distributing rights agreement,
    16  and in no event shall any modification, cancellation,
    17  termination, rescission or nonrenewal of any distributing rights
    18  agreement become effective for at least ninety (90) days after
    19  written notice of such modification, cancellation, termination,
    20  rescission or intention not to renew has been served on the
    21  affected party and [board] commission by certified mail, return
    22  receipt requested, except by written consent of the parties to
    23  the agreement. The notice shall state all the reasons for the
    24  intended modification, termination, cancellation, rescission or
    25  nonrenewal. The distributor or importing distributor holding
    26  such agreement shall have ninety (90) days in which to rectify
    27  any claimed deficiency, or challenge the alleged cause.
    28     If the deficiency shall be rectified within ninety (90) days
    29  of notice, then the proposed modification, termination,
    30  cancellation, rescission or nonrenewal shall be null and void
    19870H1000B1102                 - 161 -

     1  and without legal effect.
     2     If the notice states as one of the reasons for the intended
     3  modification, cancellation, termination, rescission or renewal
     4  that the importing distributor or distributor's equipment or
     5  warehouse requires major changes or additions, then if the
     6  distributor or importing distributor shall have taken some
     7  positive action to comply with the required changes or
     8  additions, the distributor or importing distributor shall have
     9  deemed to have complied with the deficiency as set forth in the
    10  notice. The notice provisions of this section shall not apply if
    11  the reason for termination, cancellation or nonrenewal is
    12  insolvency, assignment for the benefit of creditors, bankruptcy,
    13  liquidation, fraudulent conduct in its dealings with the
    14  manufacturer, revocation or suspension for more than a thirty
    15  (30) day period of the importing distributor or distributor
    16  license.
    17     (20)  Interference with Transfer of License, Business or
    18  Franchise. (i) For any manufacturer to interfere with or prevent
    19  any distributor or importing distributor from selling or
    20  transferring his license, business or franchise, whether before
    21  or after notice of modification, cancellation, termination,
    22  rescission or nonrenewal has been given, provided the proposed
    23  purchaser of the business of the distributor or importing
    24  distributor meets the material qualifications and standards
    25  required of the manufacturers other distributors or importing
    26  distributors; (ii) if the proposed transfer of the distributor
    27  or importing distributor's business is to a surviving spouse or
    28  adult child, the manufacturer shall not, for any reason,
    29  interfere with, or prevent, the transfer of the distributor or
    30  importing distributor's license, business or franchise. Any
    19870H1000B1102                 - 162 -

     1  subsequent transfer by surviving spouse or adult child shall
     2  thereafter be subject to the provisions of subclause (i) above.
     3     (21)  Inducing or Coercing Distributors or Importing
     4  Distributors to Accept Unordered Products or Commit Illegal
     5  Acts. For any manufacturer to compel or attempt to compel any
     6  distributor or importing distributor to accept delivery of any
     7  malt or brewed beverages or any other commodity which shall not
     8  have been ordered by the distributor or importing distributor,
     9  or to do any illegal act by any means whatsoever including, but
    10  not limited to, threatening to amend, cancel, terminate, rescind
    11  or refuse to renew any agreement existing between manufacturer
    12  and the distributor or importing distributor, or to require a
    13  distributor or importing distributor to assent to any condition,
    14  stipulation or provision limiting the distributor or importing
    15  distributor in his right to sell the products of any other
    16  manufacturer.
    17     Section 81.  Section 493 of the act, amended June 14, 1957
    18  (P.L.322, No.170), June 15, 1961 (P.L.423, No.211), September
    19  25, 1967 (P.L.307, No.135), March 5, 1970 (P.L.137, No.55),
    20  August 1, 1975 (P.L.161, No.83), March 9, 1982 (P.L.174, No.55)
    21  and May 9, 1984 (P.L.246, No.54), is reenacted and amended to
    22  read:
    23     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    24  Brewed Beverages and Licensees.--The term "licensee," when used
    25  in this section, shall mean those persons licensed under the
    26  provisions of Article IV, unless the context clearly indicates
    27  otherwise.
    28     It shall be unlawful--
    29     (1)  Furnishing Liquor or Malt or Brewed Beverages to Certain
    30  Persons. For any licensee or the [board] commission, or any
    19870H1000B1102                 - 163 -

     1  employe, servant or agent of such licensee or of the [board]
     2  commission, or any other person, to sell, furnish or give any
     3  liquor or malt or brewed beverages, or to permit any liquor or
     4  malt or brewed beverages to be sold, furnished or given, to any
     5  person visibly intoxicated, or to any insane person, or to any
     6  minor, or to habitual drunkards, or persons of known intemperate
     7  habits.
     8     (2)  Purchase or Sale of Liquor or Malt or Brewed Beverages
     9  on Credit. For any licensee, his agent, servant or employe, to
    10  sell or offer to sell or purchase or receive any liquor or malt
    11  or brewed beverages except for cash, excepting credit extended
    12  by a hotel or club to a bona fide guest or member, or by
    13  railroad or pullman companies in dining, club or buffet cars to
    14  passengers, for consumption while enroute, holding authorized
    15  credit cards issued by railroad or railroad credit bureaus or by
    16  hotel, restaurant and public service licensees to customers
    17  holding credit cards issued in accordance with regulations of
    18  the [board] commission or credit cards issued by banking
    19  institutions subject to State or Federal regulation: Provided
    20  further, That nothing herein contained shall be construed to
    21  prohibit the use of checks or drafts drawn on a bank, banking
    22  institution, trust company or similar depository, organized and
    23  existing under the laws of the United States of America or the
    24  laws of any state, territory or possession thereof, in payment
    25  for any liquor or malt or brewed beverages if the purchaser is
    26  the payor of the check or draft and the licensee is the payee.
    27  No right of action shall exist to collect any claim for credit
    28  extended contrary to the provisions of this clause. Nothing
    29  herein contained shall prohibit a licensee from crediting to a
    30  purchaser the actual price charged for original containers
    19870H1000B1102                 - 164 -

     1  returned by the original purchaser as a credit on any sale, or
     2  from refunding to any purchaser the amount paid by such
     3  purchaser for such containers or as a deposit on containers when
     4  title is retained by the vendor, if such original containers
     5  have been returned to the licensee. Nothing herein contained
     6  shall prohibit a manufacturer from extending usual and customary
     7  credit for liquor or malt or brewed beverages sold to customers
     8  or purchasers who live or maintain places of business outside of
     9  the Commonwealth of Pennsylvania, when the liquor or malt or
    10  brewed beverages so sold are actually transported and delivered
    11  to points outside of the Commonwealth: Provided, however, That
    12  as to all transactions affecting malt or brewed beverages to be
    13  resold or consumed within this Commonwealth, every licensee
    14  shall pay and shall require cash deposits on all returnable
    15  original containers and all such cash deposits shall be refunded
    16  upon return of the original containers.
    17     (3)  Exchange of Liquor or Malt or Brewed Beverages For
    18  Merchandise, etc. For any licensee or the [board] commission, or
    19  any employe, servant or agent of a licensee or of the [board]
    20  commission, to sell, offer to sell or furnish any liquor or malt
    21  or brewed beverages to any person on a pass book or store order,
    22  or to receive from any person any goods, wares, merchandise or
    23  other articles in exchange for liquor or malt or brewed
    24  beverages.
    25     (4)  Peddling Liquor or Malt or Brewed Beverages. For any
    26  person, to hawk or peddle any liquor or malt or brewed beverages
    27  in this Commonwealth.
    28     (5)  Failure to Have Brands as Advertised. For any licensee,
    29  his servants, agents or employes, to advertise or hold out for
    30  sale any liquor or malt or brewed beverages by trade name or
    19870H1000B1102                 - 165 -

     1  other designation which would indicate the manufacturer or place
     2  of production of the said liquor or malt or brewed beverages,
     3  unless he shall actually have on hand and for sale a sufficient
     4  quantity of the particular liquor or malt or brewed beverages so
     5  advertised to meet requirements to be normally expected as a
     6  result of such advertisement or offer.
     7     (6)  Brand or Trade Name on Spigot. For any licensee, his
     8  agents, servants or employes, to furnish or serve any malt or
     9  brewed beverages from any faucet, spigot or other dispensing
    10  apparatus, unless the trade name or brand of the product served
    11  shall appear in full sight of the customer and in legible
    12  lettering upon such faucet, spigot or dispensing apparatus.
    13     (7)  Alcoholic Strength on Label of Malt or Brewed Beverages.
    14  For any licensee, or his servants, agents or employes, to
    15  transport, sell, deliver or purchase any malt or brewed
    16  beverages upon which there shall appear a label or other
    17  informative data which in any manner refers to the alcoholic
    18  contents of the malt or brewed beverage, or which refers in any
    19  manner to the original alcoholic strength, extract or balling
    20  proof from which such malt or brewed beverage was produced. This
    21  clause shall not be construed to prohibit a manufacturer from
    22  designating upon the label or descriptive data the alcoholic
    23  content of malt or brewed beverages intended for shipment into
    24  another state or territory, when the laws of such state or
    25  territory require that the alcoholic content of the malt or
    26  brewed beverage must be stated upon the package.
    27     (8)  Advertisements on Labels Giving Alcoholic Content of
    28  Malt or Brewed Beverages. For any manufacturer or other
    29  licensee, or his servants, agents or employes, to issue, publish
    30  or post, or cause to be issued, published or posted, any
    19870H1000B1102                 - 166 -

     1  advertisement of any malt or brewed beverage including a label
     2  which shall refer in any manner to the alcoholic strength of the
     3  malt or brewed beverage manufactured, sold or distributed by
     4  such licensees, or to use in any advertisement or label such
     5  words as "full strength," "extra strength," "high test," "high
     6  proof," "pre-war strength," or similar words or phrases, which
     7  would lead or induce a consumer to purchase a brand of malt or
     8  brewed beverage on the basis of its alcoholic content, or to use
     9  in or on any advertisement or label any numeral, unless
    10  adequately explained in type of the same size, prominence and
    11  color, or for any licensee to purchase, transport, sell or
    12  distribute any malt or brewed beverage advertised or labeled
    13  contrary to the provisions of this clause.
    14     (9)  Retail Licensees Furnishing Free Lunch, etc. For any
    15  retail liquor licensee or any retail dispenser, his agents,
    16  servants or employes, to furnish, give or sell below a fair cost
    17  any lunch to any consumer, except such articles of food as the
    18  [board] commission may authorize and approve.
    19     (10)  Entertainment on Licensed Premises (Except Clubs);
    20  Permits; Fees. For any licensee, his servants, agents or
    21  employes, except club licensees, to permit in any licensed
    22  premises or in any place operated in connection therewith,
    23  dancing, theatricals or floor shows of any sort, or moving
    24  pictures other than television, or such as are exhibited through
    25  machines operated by patrons by the deposit of coins, which
    26  project pictures on a screen not exceeding in size twenty-four
    27  by thirty inches and which forms part of the machine, unless the
    28  licensee shall first have obtained from the [board] commission a
    29  special permit to provide such entertainment, or for any
    30  licensee, under any circumstances, to permit in any licensed
    19870H1000B1102                 - 167 -

     1  premises any lewd, immoral or improper entertainment, regardless
     2  of whether a permit to provide entertainment has been obtained
     3  or not. The [board] commission shall have power to provide for
     4  the issue of such special permits, and to collect a fee for such
     5  permits equal to one-fifth of the annual license fee but not
     6  less than twenty-five dollars ($25). All such fees shall be paid
     7  into The State Stores Fund. No such permit shall be issued in
     8  any municipality which, by ordinance, prohibits amusements in
     9  licensed places. Any violation of this clause shall, in addition
    10  to the penalty herein provided, subject the licensee to
    11  suspension or revocation of his permit and his license.
    12     (11)  Licensees Employed by Others. For any hotel, restaurant
    13  or club liquor licensee, or any malt or brewed beverage
    14  licensee, or any servant, agent or employe of such licensee, to
    15  be at the same time employed, directly or indirectly, by any
    16  other person engaged in the manufacture, sale, transportation or
    17  storage of liquor, malt or brewed beverages or alcohol:
    18  Provided, That any person (except a licensee or the manager,
    19  officer or director of a licensee) who is employed by a retail
    20  licensee to prepare or serve food and beverages may be employed
    21  in the same capacity by another retail licensee during other
    22  hours or on other days.
    23     (12)  Failure to Have Records on Premises. For any liquor
    24  licensee, or any importing distributor, distributor or retail
    25  dispenser, to fail to keep on the licensed premises for a period
    26  of at least two years complete and truthful records covering the
    27  operation of his licensed business, particularly showing the
    28  date of all purchases of liquor and malt or brewed beverages,
    29  the actual price paid therefor, and the name of the vendor,
    30  including State Store receipts, or for any licensee, his
    19870H1000B1102                 - 168 -

     1  servants, agents or employes, to refuse the [board] commission
     2  or an authorized employe of the [board] commission or the
     3  enforcement bureau access thereto or the opportunity to make
     4  copies of the same when the request is made during business
     5  hours.
     6     (13)  Retail Licensees Employing Minors. For any hotel,
     7  restaurant or club liquor licensee, or any retail dispenser, to
     8  employ or to permit any minor under the age of eighteen to serve
     9  any alcoholic beverages or to employ or permit any minor under
    10  the age of sixteen to render any service whatever in or about
    11  the licensed premises, nor shall any entertainer under the age
    12  of eighteen be employed or permitted to perform in any licensed
    13  premises in violation of the labor laws of this Commonwealth:
    14  Provided, That in accordance with [board] commission regulations
    15  minors between the ages of sixteen and eighteen may be employed
    16  to serve food, clear tables and perform other similar duties,
    17  not to include the dispensing or serving of alcoholic beverages.
    18     (14)  Permitting Undesirable Persons or Minors to Frequent
    19  Premises. For any hotel, restaurant or club liquor licensee, or
    20  any retail dispenser, his servants, agents or employes, to
    21  permit persons of ill repute, known criminals, prostitutes or
    22  minors to frequent his licensed premises or any premises
    23  operated in connection therewith, except minors accompanied by
    24  parents, guardians, or under proper supervision or except minors
    25  who frequent any restaurant or retail dispensing licensee whose
    26  sales of food and non-alcoholic beverages are equal to seventy
    27  per centum or more of the combined gross sales of both food and
    28  alcoholic beverages on the condition that alcoholic beverages
    29  may not be served at the table or booth at which the said minor
    30  is seated at the time (unless said minor is under proper
    19870H1000B1102                 - 169 -

     1  supervision as hereinafter defined) and on the further condition
     2  that only table service of alcoholic beverages or take-out
     3  service of beer shall be permitted in the room wherein the minor
     4  is located: Provided, however, That it shall not be unlawful for
     5  any hotel, restaurant or club liquor licensee or any retail
     6  dispenser to permit minors under proper supervision upon the
     7  licensed premises or any premises operated in connection
     8  therewith for the purpose of a social gathering, even if such
     9  gathering is exclusively for minors: And provided further, That
    10  no liquor shall be sold, furnished or given to such minors nor
    11  shall the licensee knowingly permit any liquor or malt or brewed
    12  beverages to be sold, furnished or given to or be consumed by
    13  any minor, and the area of such gathering shall be segregated
    14  from the remainder of the licensed premises. In the event the
    15  area of such gathering cannot be segregated from the remainder
    16  of the licensed premises, all alcoholic beverages must be either
    17  removed from the licensed premises or placed under lock and key
    18  during the time the gathering is taking place. Notice of such
    19  gathering shall be given the [Liquor Control Board] Commission
    20  as it may, by regulation, require. Any licensee violating the
    21  provisions of this clause shall be subject to the provisions of
    22  section 471.
    23     "Proper supervision," as used in this clause, means the
    24  presence, on that portion of the licensed premises where a minor
    25  or minors are present, of one person twenty-five years of age or
    26  older for every fifty minors or part thereof who is directly
    27  responsible for the care and conduct of such minor or minors
    28  while on the licensed premises and in such proximity that the
    29  minor or minors are constantly within his sight or hearing. The
    30  presence of the licensee or any employe or security officer of
    19870H1000B1102                 - 170 -

     1  the licensee shall not constitute proper supervision.
     2     (15)  Cashing Pay Roll, Public Assistance, Unemployment
     3  Compensation or Any Other Relief Checks. For any licensee or his
     4  servants, agents or employes to cash pay roll checks or to cash,
     5  receive, handle or negotiate in any way Public Assistance,
     6  Unemployment Compensation or any other relief checks.
     7     (16)  Furnishing or Delivering Liquor or Malt or Brewed
     8  Beverages at Unlawful Hours. For any licensee, his servants,
     9  agents or employes, to give, furnish, trade, barter, serve or
    10  deliver any liquor or malt or brewed beverages to any person
    11  during hours or on days when the licensee is prohibited by this
    12  act from selling liquor or malt or brewed beverages.
    13     (17)  Licensees, etc., Interested or Employed in
    14  Manufacturing or Sale of Equipment or Fixtures. For any
    15  licensee, or any officer, director, stockholder, servant, agent
    16  or employe of any licensee, to own any interest, directly or
    17  indirectly, in or be employed or engaged in any business which
    18  involves the manufacture or sale of any equipment, furnishings
    19  or fixtures to any hotel, restaurant or club licensees, or to
    20  any importing distributors, distributors or retail dispensers:
    21  Provided, however, That as to malt or brewed beverage licensees,
    22  the provisions of this subsection shall not apply to such a
    23  conflicting interest if it has existed for a period of not less
    24  than three years prior to the first day of January, one thousand
    25  nine hundred thirty-seven, and the [board] commission shall
    26  approve.
    27     (18)  Displaying Price of Liquor or Malt or Brewed Beverages.
    28  For any restaurant, hotel or club liquor licensee, or any
    29  importing distributor, distributor or retail dispenser, or the
    30  servants, agents or employes of such licensees, to display on
    19870H1000B1102                 - 171 -

     1  the outside of any licensed premises or to display any place
     2  within the licensed premises where it can be seen from the
     3  outside, any advertisement whatsoever referring, directly or
     4  indirectly, to the price at which the licensee will sell liquor
     5  or malt or brewed beverages.
     6     (19)  Licensee's Outside Advertisements. For any retail
     7  liquor licensee or any retail dispenser, distributor or
     8  importing distributor, to display in any manner whatsoever on
     9  the outside of his licensed premises, or on any lot of ground on
    10  which the licensed premises are situate, or on any building of
    11  which the licensed premises are a part, a sign of any kind,
    12  printed, painted or electric, advertising any brand of liquor or
    13  malt or brewed beverage, and it shall be likewise unlawful for
    14  any manufacturer, distributor or importing distributor, to
    15  permit the display of any sign which advertises either his
    16  products or himself on any lot of ground on which such licensed
    17  premises are situate, or on any building of which such licensed
    18  premises are a part.
    19     (20)  (i)  Retail Liquor and Retail Malt or Brewed Beverages
    20  Licensee's Inside Advertisements. For any retail liquor or
    21  retail malt or brewed beverages licensee, to display or permit
    22  the display in the show window or doorways of his licensed
    23  premises, any placard or sign advertising the brands of liquor
    24  or malt or brewed beverages produced by any one manufacturer, if
    25  the total display area of any such placard or sign advertising
    26  the products of any one manufacturer exceeds three hundred
    27  square inches. Nothing herein shall prohibit a licensee from
    28  displaying inside his licensed premises point of sale displays
    29  advertising brand names of products sold by him, other than a
    30  window or door display: Provided, That the total cost of all
    19870H1000B1102                 - 172 -

     1  such point of sale advertising matter relating to any one brand
     2  of any one manufacturer shall not exceed the sum of seventy
     3  dollars ($70) at any one time, and no single piece of
     4  advertising shall exceed a cost of thirty-five dollars ($35).
     5  All such advertising material, including the window and door
     6  signs, may be furnished by a manufacturer, distributor or
     7  importing distributor. The restrictions on advertising set forth
     8  in subclause (ii) and in clauses (20.1) and (20.2) shall also
     9  apply to this subclause.
    10     (ii)  Cooperative Advertising. No distributor or importing
    11  distributor, directly or indirectly, independent or otherwise,
    12  shall, except by prior written agreement, be required to
    13  participate with a manufacturer in the purchase of any
    14  advertising of a brand name product in any name, in any form,
    15  whether it be radio, television, newspaper, magazine or
    16  otherwise.
    17     (20.1)  Manufacturer Shall Not Require Advertising. For a
    18  manufacturer to require a distributor or importing distributor
    19  to purchase any type of advertising.
    20     (20.2)  Advertising Shall Be Ordered and Authorized in
    21  Advance. For any advertising to be done on behalf of a
    22  distributor or importing distributor which was not ordered and
    23  authorized in advance by the distributor or importing
    24  distributor.
    25     (21)  Refusing The Right of Inspection. For any licensee, or
    26  his servants, agents or employes, to refuse the [board]
    27  commission or the enforcement bureau or any of [its] their
    28  authorized employes the right to inspect completely the entire
    29  licensed premises at any time during which the premises are open
    30  for the transaction of business, or when patrons, guests or
    19870H1000B1102                 - 173 -

     1  members are in that portion of the licensed premises wherein
     2  either liquor or malt or brewed beverages are sold.
     3     (22)  Allowance or Rebate to Induce Purchases. For any
     4  licensee, or his servants, agents or employes, to offer, pay,
     5  make or allow, or for any licensee, or his servants, agents or
     6  employes, to solicit or receive any allowance or rebate, refunds
     7  or concessions, whether in the form of money or otherwise, to
     8  induce directly the purchase of liquor or malt or brewed
     9  beverages.
    10     (23)  Money or Valuables Given to Employes to Influence
    11  Actions of Their Employers. For any licensee, or any agent,
    12  employe or representative of any licensee, to give or permit to
    13  be given, directly or indirectly, money or anything of
    14  substantial value, in an effort to induce agents, employes or
    15  representatives of customers or prospective customers to
    16  influence their employer or principal to purchase or contract to
    17  purchase liquor or malt or brewed beverages from the donor of
    18  such gift, or to influence such employers or principals to
    19  refrain from dealing or contracting to deal with other
    20  licensees.
    21     (24)  Things of Value Offered as Inducement. For any licensee
    22  under the provisions of this article, or the [board] commission
    23  or any manufacturer, or any employe or agent of a manufacturer,
    24  licensee or of the [board] commission, to offer to give anything
    25  of value or to solicit or receive anything of value as a premium
    26  for the return of caps, stoppers, corks, stamps or labels taken
    27  from any bottle, case, barrel or package containing liquor or
    28  malt or brewed beverage, or to offer or give or solicit or
    29  receive anything of value as a premium or present to induce
    30  directly the purchase of liquor or malt or brewed beverage, or
    19870H1000B1102                 - 174 -

     1  for any licensee, manufacturer or other person to offer or give
     2  to trade or consumer buyers any prize, premium, gift or other
     3  inducement to purchase liquor or malt or brewed beverages,
     4  except advertising novelties of nominal value which the [board]
     5  commission shall define: Provided, however, That this section
     6  shall not apply to the return of any monies specifically
     7  deposited for the return of the original container to the owners
     8  thereof.
     9     (25)  Employment of Females in Licensed Places. For any
    10  licensee or his agent, to employ or permit the employment of any
    11  female at his licensed hotel, restaurant or eating place for the
    12  purpose of enticing customers, or to encourage them to drink
    13  liquor, or make assignations for improper purposes: Provided,
    14  That nothing in this section shall be construed to prevent the
    15  employment of any female waitress who regularly takes orders for
    16  food from serving food, liquor or malt or brewed beverages at
    17  tables; also, that nothing shall prevent any such licensees from
    18  employing any female stenographer, hotel secretary, clerk or
    19  other employe for their respective positions: Provided further,
    20  That nothing in this section shall be so construed as to prevent
    21  the wife of any such licensee or agent or any employed female
    22  from mixing or serving liquor or malt or brewed beverages behind
    23  the bar of any such licensed place.
    24     Any person violating the provisions of this clause shall be
    25  guilty of a misdemeanor and, upon conviction of the same, shall
    26  be sentenced to pay a fine of not less than one hundred dollars
    27  ($100), nor more than five hundred dollars ($500), for each and
    28  every female so employed, or undergo an imprisonment of not less
    29  than three (3) months, nor more than one (1) year, or either or
    30  both, at the discretion of the court having jurisdiction of the
    19870H1000B1102                 - 175 -

     1  case. The [board] administrative law judge shall have the power
     2  to revoke or refuse licenses for violation of this clause.
     3     (26)  Worthless Checks. For any retail liquor licensee or any
     4  retail dispenser, distributor or importing distributor, to make,
     5  draw, utter, issue or deliver, or cause to be made, drawn,
     6  uttered, issued or delivered, any check, draft or similar order,
     7  for the payment of money in payment for any purchase of malt or
     8  brewed beverages, when such retail liquor licensee, retail
     9  dispenser, distributor or importing distributor, has not
    10  sufficient funds in, or credit with, such bank, banking
    11  institution, trust company or other depository, for the payment
    12  of such check. Any person who is a licensee under the provisions
    13  of this article, who shall receive in payment for malt or brewed
    14  beverages sold by him any check, draft or similar order for the
    15  payment of money, which is subsequently dishonored by the bank,
    16  banking institution, trust company or other depository, upon
    17  which drawn, for any reason whatsoever, shall, within five days
    18  of receipt of notice of such dishonor, notify by certified mail
    19  the person who presented the said worthless check, draft or
    20  similar order.
    21     (27)  Distributors and Importing Distributors Employing
    22  Minors. For any distributor or importing distributor to employ
    23  minors under the age of eighteen but persons eighteen and over
    24  may be employed to sell and deliver malt and brewed beverages.
    25     Section 82.  Section 494 of the act, amended May 25, 1956
    26  (1955 P.L.1743, No.583), is reenacted and amended to read:
    27     Section 494.  Penalties.--(a)  Any person who shall violate
    28  any of the provisions of this article, except as otherwise
    29  specifically provided, shall be guilty of a misdemeanor and,
    30  upon conviction thereof, shall be sentenced to pay a fine of not
    19870H1000B1102                 - 176 -

     1  less than one hundred dollars ($100), nor more than five hundred
     2  dollars ($500), and on failure to pay such fine, to imprisonment
     3  for not less than one month, nor more than three months, and for
     4  any subsequent offense, shall be sentenced to pay a fine not
     5  less than three hundred dollars ($300), nor more than five
     6  hundred dollars ($500), and to undergo imprisonment for a period
     7  not less than three months, nor more than one year.
     8     (b)  The right [of the board] to suspend and revoke licenses
     9  granted under this article shall be in addition to the penalty
    10  set forth in this section.
    11     Section 83.  Section 495 of the act, amended June 22, 1980
    12  (P.L.262, No.76), is reenacted and amended to read:
    13     Section 495.  Identification Cards; Licensees and State
    14  Liquor Store Employes Saved From Prosecution.--[(a)  The board
    15  shall issue, to any person who shall have attained the age of
    16  twenty-one years, an identification card bearing said person's
    17  date of birth, physical description, photograph, signature, and
    18  such other information, as the board by regulation may
    19  determine, attesting to the age of the applicant, upon
    20  application therefor by said person, filed no earlier than
    21  fifteen days prior to attaining the age of twenty-one. Such
    22  cards shall be numbered and a record thereof maintained by the
    23  board for a period of five years. The board may, in its
    24  discretion, impose a charge for such cards in an amount to be
    25  determined by it, and it may, upon proof of loss of such
    26  identification card by and upon application of anyone to whom
    27  such card may have been issued, issue a duplicate thereof and
    28  impose a charge therefor in an amount as it may by regulation
    29  prescribe. The board shall have the power to make such
    30  regulations as it shall, from time to time, deem proper
    19870H1000B1102                 - 177 -

     1  regarding the size, style and additional content of the
     2  identification card, the form and content of any application
     3  therefor, the type, style and quantity of proof required to
     4  verify the applicant's age, the procedure for receiving and
     5  processing such application, the distribution of said card, the
     6  charge to be imposed for any card more than one that it shall
     7  issue to the same applicant, and all other matters the board
     8  shall deem necessary or advisable for the purpose of carrying
     9  into effect the provisions of this section.
    10     (a.1)] (a)  The photo driver's license or identification card
    11  issued by the Department of Transportation shall, for the
    12  purpose of this act, be accepted as an identification card.
    13     [(a.2)  For the purposes of this section, the term
    14  identification card means a card which complies with either
    15  subsection (a) or (a.1).]
    16     (b)  Such identification card shall be presented by the
    17  holder thereof upon request of any State Liquor Store or any
    18  licensee, or the servant, agent or employe thereof, for the
    19  purpose of aiding such store, licensee, or the servant, agent or
    20  employe to determine whether or not such person is twenty-one
    21  years of age and upwards, when such person desires alcoholic
    22  beverage at a State Liquor Store or licensed establishment.
    23     (c)  In addition to the presentation of such identification
    24  card, the agent of the State Liquor Store or the licensee, or
    25  his servant, agent or employe, shall require the person whose
    26  age may be in question to fill in and sign a card in the
    27  following form:
    28                               ............................ 19
    29     I,........................................., hereby represent
    30  to ..........................................., a State Store or
    19870H1000B1102                 - 178 -

     1  licensee of the [Pennsylvania Liquor Control Board] Alcohol
     2  Beverages Commission, that I am of full age and discretion
     3  and over the age of 21 years, having been born on
     4  ....................... 19..... at ..........................
     5  This statement is made to induce said store or licensee above
     6  named to sell or otherwise furnish alcoholic beverages to the
     7  undersigned.
     8  Serial Number of Identification Card:
     9     I understand that I am subject to a fine of
    10  $300.00 and sixty days imprisonment for any
    11  misrepresentation herein.
    12                                                ..................
    13                                                     (Name)
    14                                                ..................
    15                                                    (Address)
    16  Witness:
    17  Name............................
    18  Address.........................
    19     Such statement shall be printed upon a 3 inch by 5 inch or 4
    20  inch by 5 inch file card, which card shall be filed
    21  alphabetically by the State Liquor Store or licensee, at or
    22  before the close of business on the day of which said
    23  certificate is executed, in a file box containing a suitable
    24  alphabetical index, and which card shall be subject to
    25  examination by any officer, agent or employe of the [Liquor
    26  Control Board] commission at any and all times.
    27     (d)  It shall be unlawful for the owner of an identification
    28  card, as defined by this act, to transfer said card to any other
    29  person for the purpose of aiding such person to secure alcoholic
    30  beverage. Any person who shall transfer such identification card
    19870H1000B1102                 - 179 -

     1  for the purpose of aiding such transferee to obtain alcoholic
     2  beverage shall be guilty of a misdemeanor and, upon conviction
     3  thereof, shall be sentenced to pay a fine of not more than three
     4  hundred dollars ($300), or undergo imprisonment for not more
     5  than sixty (60) days. Any person not entitled thereto who shall
     6  have unlawfully procured or have issued or transferred to him,
     7  as aforesaid, identification card or any person who shall make
     8  any false statement on any card required by subsection (c)
     9  hereof to be signed by him shall be guilty of a misdemeanor and,
    10  upon conviction thereof, shall be sentenced to pay a fine of not
    11  more than three hundred dollars ($300), or undergo imprisonment
    12  for not more than sixty (60) days.
    13     (e)  The signed statement in the possession of a licensee or
    14  an employe of a State Liquor Store may be offered as a defense
    15  in all civil and criminal prosecutions for serving a minor, and
    16  no penalty shall be imposed if the [Liquor Control Board]
    17  commission or the courts are satisfied that the licensee or
    18  State Liquor Store employe acted in good faith.
    19     Section 84.  Section 496 of the act, added June 15, 1961
    20  (P.L.423, No.211), is reenacted and amended to read:
    21     Section 496.  Reporting of Worthless Checks.--Any person who
    22  is a licensee under the provisions of this article, who shall
    23  receive in payment for malt or brewed beverages sold by him any
    24  check, draft or similar order, for the payment of money, which
    25  is subsequently dishonored by the bank, banking institution,
    26  trust company or other depository, upon which drawn, for any
    27  reason whatsoever, shall, within twenty days of receipt of
    28  notice of such dishonor, notify the [board] commission thereof.
    29  Such notification to the [board] commission shall be in such
    30  manner and form as the board shall direct.
    19870H1000B1102                 - 180 -

     1     Section 85.  Section 497 of the act, added December 22, 1965
     2  (P.L.1144, No.441), is reenacted to read:
     3     Section 497.  Liability of Licensees.--No licensee shall be
     4  liable to third persons on account of damages inflicted upon
     5  them off of the licensed premises by customers of the licensee
     6  unless the customer who inflicts the damages was sold, furnished
     7  or given liquor or malt or brewed beverages by the said licensee
     8  or his agent, servant or employe when the said customer was
     9  visibly intoxicated.
    10     Section 86.  The act is amended by adding a section to read:
    11     Section 498.  Unlawful Advertising.--(a)  No manufacturer,
    12  wholesaler or shipper whether from outside or inside this
    13  Commonwealth and no licensee under this act shall cause or
    14  permit the advertising in any manner whatsoever of the price of
    15  any malt beverage, cordial, wine or distilled liquor offered for
    16  sale in this Commonwealth: Provided, however, That the
    17  provisions of this section shall not apply to price signs or
    18  tags attached to or placed on merchandise for sale within the
    19  licensed premises in accordance with rules and regulations of
    20  the commission.
    21     (b)  No newspaper, periodical, radio or television
    22  broadcaster or broadcasting company or any other person, firm or
    23  corporation with a principal place of business in this
    24  Commonwealth which is engaged in the business of advertising or
    25  selling advertising time or space shall accept, publish or
    26  broadcast any advertisement in this Commonwealth of the price or
    27  make reference to the price of any alcoholic beverages.
    28     (c)  Any person who shall violate any of the provisions of
    29  this section shall be guilty of a misdemeanor and upon
    30  conviction shall be punished for the first offense by a fine in
    19870H1000B1102                 - 181 -

     1  the sum of fifty dollars ($50) and for each additional offense
     2  thereafter by a fine not exceeding the sum of one hundred
     3  dollars ($100). Publication or broadcast by any person in
     4  violation of the provisions of this section shall also be
     5  subject to injunctive proceedings in a court of competent
     6  jurisdiction on a complaint brought by a retail licensee or an
     7  association of retail licensees.
     8     (d)  The provisions of this section shall not apply to any
     9  trade journal which is duly recognized and authorized to be
    10  exempt from the provisions of this section by the commission.
    11     Section 87.  The heading of Article V of the act is reenacted
    12  to read:
    13                             ARTICLE V.
    14             DISTILLERIES, WINERIES, BONDED WAREHOUSES,
    15            BAILEES FOR HIRE AND TRANSPORTERS FOR HIRE.
    16     Section 88.  Section 501 of the act is reenacted to read:
    17     Section 501.  License Required.--Except as otherwise provided
    18  in this article, and except as otherwise provided in article
    19  four as to malt and brewed beverages, it shall be unlawful for
    20  any person without a license obtained under provisions of this
    21  article to hold in storage as bailee for hire, or transport for
    22  hire, any malt or brewed beverage, or to manufacture, produce,
    23  distill, develop or use in the process of manufacture, denature,
    24  redistill, recover, rectify, blend, reuse, hold in bond, hold in
    25  storage as bailee for hire, or transport for hire, within this
    26  Commonwealth, any alcohol or liquor, except that a person may
    27  manufacture wine out of grapes grown in Pennsylvania by
    28  fermentation only and with no alcohol or alcoholic product added
    29  thereto by way of fortification and sell the same to a licensed
    30  winery.
    19870H1000B1102                 - 182 -

     1     Section 89.  Section 502 of the act is reenacted and amended
     2  to read:
     3     Section 502.  Exemptions.--No license hereunder shall be
     4  required from any registered pharmacist; or a physician licensed
     5  by the State Board of [Medical Education and Licensure]
     6  Medicine; or any person who makes and sells vinegar,
     7  nonalcoholic cider and fruit juices; or any person who
     8  manufactures, stores, sells or transports methanol, propanol,
     9  butanol and amanol; or any person who conducts a wholesale drug
    10  business; or any person who manufactures alcoholic preparations
    11  not fit for use as a beverage, other than denatured alcohol or
    12  for beverage purposes; any person engaged in the manufacture;
    13  possession or sale of patent, patented or proprietary medicines,
    14  toilet, medicinal or antiseptic preparations unfit for beverage
    15  purposes, or solutions or flavoring extracts or syrups unfit for
    16  beverage purposes; or any person who manufactures or sells
    17  paints, varnishes, enamels, lacquers, stains or paint, or
    18  varnish removing or reducing compounds, or wood fillers; or any
    19  person who manufactures any substance where the alcohol or any
    20  liquor is changed into other chemical substances and does not
    21  appear in the finished product as alcohol or liquor; or any
    22  common carrier by railroad which is subject to regulation by the
    23  Pennsylvania Public Utility Commission of the Commonwealth of
    24  Pennsylvania, or scheduled common carriers by air of mail and
    25  passengers; or any person who sells, stores or transports
    26  alcohol or liquor completely denatured, as specified by the
    27  [board] commission.
    28     Section 90.  Section 502.1 of the act, added December 14,
    29  1979 (P.L.565, No.129), is reenacted and amended to read:
    30     Section 502.1.  Production of Denatured Ethyl Alcohol.--(a)
    19870H1000B1102                 - 183 -

     1  Notwithstanding any other provisions of this act, a person may
     2  upon payment of an annual registration fee of twenty-five
     3  dollars ($25) and without the necessity of having to post a
     4  bond, manufacture or distill, hold in storage and use denatured
     5  ethyl alcohol for the purpose of providing fuel for personal or
     6  business vehicles or machinery.
     7     (b)  No denatured ethyl alcohol produced under the provisions
     8  of this section may be sold or utilized by any person other than
     9  the producer.
    10     (c)  Each licensee shall file annually with the [board]
    11  commission accurate records of the monthly production and
    12  utilization of denatured ethyl alcohol fuel. The [board]
    13  commission shall prescribe the form to be used for this report.
    14     (d)  Any violation of this section shall be subject to the
    15  penalties set forth in section 519.
    16     Section 91.  Section 503 of the act is reenacted to read:
    17     Section 503.  Qualifications for License.--No license shall
    18  be issued under the provisions of this article to any person
    19  unless (a) in case of individuals, he or she is a citizen of the
    20  United States of America, (b) in case of companies or
    21  unincorporated associations of individuals, each and every one
    22  is a citizen of the United States of America, (c) in case of
    23  corporations, each and every stockholder thereof is a citizen of
    24  the United States of America.
    25     Section 92.  Section 504 of the act, amended September 28,
    26  1961 (P.L.1728, No.702), is reenacted and amended to read:
    27     Section 504.  Applications; Filing Fees.--(a)  Every
    28  applicant for a license under this article shall file with the
    29  [board] commission a written application in such form as the
    30  [board] commission shall from time to time require. Every such
    19870H1000B1102                 - 184 -

     1  application shall be accompanied by a filing fee of twenty
     2  dollars ($20), the prescribed license fee and the bond
     3  hereinafter specified, and shall set forth:
     4     [1.] (1)  The legal names of the applicant and of the owner
     5  of the place where business under the license will be carried
     6  on, with their residence addresses by street and number, if a
     7  partnership, of each separate partner, and if a corporation, of
     8  each individual officer thereof.
     9     [2.] (2)  The exact location of said place of business and of
    10  every place to be occupied or used in connection with such
    11  business, the productive capacity of each plant where any
    12  alcohol or liquor is to be manufactured, produced, distilled,
    13  rectified, blended, developed or used in the process of
    14  manufacture, denatured, redistilled, recovered, reused, the
    15  capacity of every warehouse or other place where such alcohol or
    16  liquor or malt or brewed beverage is to be held in bond or
    17  stored for hire, or the equipment to be used where a
    18  transportation business is to be carried on under the license.
    19     [3.] (3)  That each and every one of the applicants is a
    20  citizen of the United States of America.
    21     [4.] (4)  Such other relevant information as the [board]
    22  commission shall from time to time require by rule or
    23  regulation.
    24     (b)  Each application must be verified by affidavit of the
    25  applicant made before any officer legally qualified to
    26  administer oaths, and if any false statement is wilfully made in
    27  any part of said application, the applicant or applicants shall
    28  be deemed guilty of a misdemeanor and, upon conviction, shall be
    29  subject to the penalties provided by this article.
    30     Section 93.  Section 505 of the act, amended July 31, 1968
    19870H1000B1102                 - 185 -

     1  (P.L.902, No.272), is reenacted and amended to read:
     2     Section 505.  Licenses Issued.--Upon receipt of the
     3  application in the form herein provided, the proper fees and an
     4  approved bond as herein designated, the [board] commission may
     5  grant to such applicant a license to engage in, (a) the
     6  operation of a limited winery or a winery; or, (b) the
     7  manufacturing, producing, distilling, developing, or using in
     8  the process of manufacturing, denaturing, redistilling,
     9  recovering, rectifying, blending and reusing of alcohol and
    10  liquor; or, (c) the holding in bond of alcohol and liquor; or,
    11  (d) the holding in storage, as bailee for hire, of alcohol,
    12  liquor and malt or brewed beverages; or, (e) the transporting
    13  for hire of alcohol, liquor and malt or brewed beverages.
    14     Section 94.  Section 505.1 of the act, amended February 17,
    15  1956 (1955 P.L.1077, No.348), is reenacted and amended to read:
    16     Section 505.1.  Bonded Warehouse License Privilege
    17  Restrictions.--(a)  Holders of bonded warehouse licenses may:
    18     [(a)] (1)  Receive and store in bond liquor owned by
    19  Pennsylvania licensed manufacturers and importers.
    20     [(b)] (2)  Receive and store in bond alcohol owned by
    21  Pennsylvania licensed manufacturers.
    22     [(c)] (3)  Receive and store in bond liquor owned by
    23  licensees outside this Commonwealth. Such liquor shall be
    24  released from the bonded warehouse for delivery within this
    25  Commonwealth only to persons holding a liquor importer's license
    26  issued by the [Pennsylvania Liquor Control Board] commission
    27  authorizing the importation of liquor or to other storage
    28  facilities or persons outside this Commonwealth.
    29     [(d)] (4)  Receive and store in bond alcohol owned by
    30  licensees outside this Commonwealth. Such alcohol shall be
    19870H1000B1102                 - 186 -

     1  released from the bonded warehouse for delivery within this
     2  Commonwealth only to persons holding an alcohol permit issued by
     3  the [Pennsylvania Liquor Control Board] commission authorizing
     4  the importation of alcohol or to other storage facilities or
     5  persons outside this Commonwealth.
     6     (b)  All liquor and alcohol received and stored pursuant to
     7  this section shall be in original containers of ten gallons or
     8  greater capacity. Liquor and alcohol placed in storage in
     9  accordance with the foregoing provisions may remain in storage
    10  notwithstanding any change in ownership.
    11     Section 95.  Section 505.2 of the act, amended November 5,
    12  1981 (P.L.329, No.119) and December 17, 1982 (P.L.1390, No.319),
    13  is reenacted and amended to read:
    14     Section 505.2.  Limited Wineries.--Holders of a limited
    15  winery license may:
    16     (1)  Produce wines only from fruits grown in Pennsylvania in
    17  an amount not to exceed one hundred thousand (100,000) gallons
    18  per year.
    19     (2)  Sell wine produced by the limited winery or purchased in
    20  bulk in bond from another Pennsylvania limited winery on the
    21  licensed premises, under such conditions and regulations as the
    22  [board] commission may enforce, to the [Liquor Control Board]
    23  commission, to individuals and to hotel, restaurant, club and
    24  public service liquor licensees, and to Pennsylvania winery
    25  licensees: Provided, That a limited winery shall not, in any
    26  calendar year, purchase wine produced by other limited wineries
    27  in an amount in excess of fifty per centum of the wine produced
    28  by the purchasing limited winery in the preceding calendar year.
    29     (3)  Sell wine produced by the limited winery on no more than
    30  three [board-approved] commission-approved locations other than
    19870H1000B1102                 - 187 -

     1  the licensed premises, with no bottling or production
     2  requirement at those additional [board-approved] commission-
     3  approved locations and under such conditions and regulations as
     4  the [board] commission may enforce, to the [Liquor Control
     5  Board] commission, to individuals and to hotel, restaurant, club
     6  and public service liquor licensees.
     7     Section 96.  Section 505.3 of the act, added July 30, 1975
     8  (P.L.136, No.68), is reenacted and amended to read:
     9     Section 505.3.  Distilleries.--Distilleries of historical
    10  significance established more than one hundred years prior to
    11  January 1, 1975 which hold a license issued under section 505
    12  may sell liquor produced by the distillery on the licensed
    13  premises under such conditions and regulations as the [board]
    14  commission may enforce.
    15     Section 97.  Sections 506 and 507 of the act are reenacted
    16  and amended to read:
    17     Section 506.  Bonds Required.--(a)  No license shall be
    18  issued to any such applicant until he has filed with the [board]
    19  commission an approved bond, duly executed, payable to the
    20  Commonwealth of Pennsylvania, together with a warrant of
    21  attorney to confess judgment in the penal sum herein set forth.
    22  All such bonds shall be conditioned for the faithful observance
    23  of all the laws of this Commonwealth and regulations of the
    24  [board] commission relating to alcohol, liquor and malt or
    25  brewed beverages and the conditions of the license, and shall
    26  have as surety a duly authorized surety company, or shall have
    27  deposited therewith, as collateral security, cash or negotiable
    28  obligations of the United States of America or the Commonwealth
    29  of Pennsylvania in the same amount as herein provided for the
    30  penal sum of bonds.
    19870H1000B1102                 - 188 -

     1     (b)  In all cases where cash or securities in lieu of other
     2  surety have been deposited with the [board] commission, the
     3  depositor shall be permitted to continue the same deposit from
     4  year to year on each renewal of license, but in no event shall
     5  he be permitted to withdraw his deposit during the time he holds
     6  said license, or until six months after the expiration of the
     7  license held by him, or while revocation proceedings are pending
     8  against such licensee.
     9     (c)  All cash or securities received by the [board]
    10  commission in lieu of other surety shall be turned over by the
    11  [board] commission to the State Treasurer and held by him. The
    12  State Treasurer shall repay or return money or securities
    13  deposited with him to the respective depositors only on the
    14  order of the [board] commission.
    15     (d)  After notice from the [board] commission that such a
    16  bond has been forfeited, the State Treasurer shall immediately
    17  pay into the State Stores Fund all cash deposited as collateral
    18  with such bond, and when securities have been deposited with
    19  such a bond, the State Treasurer shall sell at private sale, at
    20  not less than the prevailing market price, any such securities
    21  so deposited as collateral with any such forfeited bond. The
    22  State Treasurer shall thereafter deposit in The State Stores
    23  Fund the net amount realized from the sale of such securities,
    24  except that if the amount so realized, after deducting proper
    25  costs and expenses, is in excess of the penal amount of the
    26  bond, such excess shall be paid over by him to the obligor on
    27  such forfeited bond.
    28     (e)  The penal sum of bonds required to be filed by
    29  applicants for license shall be as follows:
    30     In the case of a distillery (manufacturer), the bond shall be
    19870H1000B1102                 - 189 -

     1  in the amount of ten thousand dollars ($10,000); in the case of
     2  a bonded warehouse, a bailee for hire and a transporter for
     3  hire, each shall be in the amount of three thousand dollars
     4  ($3000); and in the case of a winery, shall be in the amount of
     5  five thousand dollars ($5000). Such bonds shall be filed with
     6  and retained by the [board] commission.
     7     (f)  Every such bond shall be turned over to the [Department
     8  of Justice] Attorney General to be collected if and when the
     9  licensee's license shall have been revoked and his bond
    10  forfeited as provided in this act.
    11     Section 507.  Hearings [Upon Refusal of Licenses] on Licenses
    12  and Refusals.--(a)  The [board] commission may of its own
    13  motion, and shall upon the written request of the enforcement
    14  bureau or of any applicant for license or for renewal thereof
    15  whose application for such license or renewal has been refused,
    16  fix a time and place for hearing of such application or renewal,
    17  notice of which hearing shall be sent to the bureau and to the
    18  applicant, by registered mail, at the address given in his
    19  application. Such hearing shall be before the [board]
    20  commission, a member thereof, or an [examiner designated by the
    21  board] administrative law judge.
    22     (b)  At such hearing, the [board] commission shall present
    23  its reasons for its refusal or withholding of such license or
    24  renewal thereof or the bureau shall present its objections to
    25  the granting or renewal of the license, as the case may be. The
    26  applicant may appear in person or by counsel, may cross-examine
    27  the witnesses for the [board] commission or the bureau, and may
    28  present evidence which shall likewise be subject to cross-
    29  examination by the [board] commission or the bureau. Such
    30  hearing shall be stenographically recorded. The [examiner]
    19870H1000B1102                 - 190 -

     1  administrative law judge shall thereafter report to the [board]
     2  commission. The [board] commission shall thereafter grant or
     3  refuse the license or renewal thereof. [If the board shall
     4  refuse such license or renewal following such hearing, notice in
     5  writing of such refusal shall be mailed to the applicant at the
     6  address given in his application. In all cases, the board shall
     7  file of record at least a brief statement in the form of an
     8  opinion of the reasons for the ruling or order.]
     9     (c)  Hearings and adjudications pursuant to this section
    10  shall be in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating
    11  to practice and procedure of Commonwealth agencies).
    12     Section 98.  Section 508 of the act, amended July 31, 1968
    13  (P.L.902, No.272), is reenacted and amended to read:
    14     Section 508.  License Fees.--(a)  The annual fee for every
    15  license issued to a limited winery or a winery shall be two
    16  hundred and fifty dollars ($250). The annual fee for every
    17  license issued to a distillery (manufacturer) shall be twenty-
    18  five hundred dollars ($2500) per annum if the annual production
    19  is five hundred thousand (500,000) proof gallons or less, and an
    20  additional fee of one hundred dollars ($100) for each one
    21  hundred thousand (100,000) proof gallons or fraction thereof in
    22  excess of five hundred thousand (500,000) proof gallons, but for
    23  the purpose of determining the amount of the fee payable by a
    24  distillery, the annual production of alcohol that is denatured
    25  by the manufacturer thereof during the license year in
    26  Pennsylvania and not elsewhere shall be excluded, but alcohol or
    27  liquor used by the manufacturer thereof during the license year
    28  in rectification or blending shall not be excluded, except that
    29  no fee for a distillery shall be less than twenty-five hundred
    30  dollars ($2500) per annum. The annual fee for all other licenses
    19870H1000B1102                 - 191 -

     1  shall be one hundred dollars ($100). The fee for any license
     2  when applied for and issued on or after April first, but prior
     3  to July first, shall be three-fourths of the annual fee; July
     4  first, but prior to October first, shall be one-half of the
     5  annual fee; October first, but prior to January first, one-
     6  fourth of the annual fee.
     7     (b)  For the purpose of this section, the term "proof gallon"
     8  shall mean a gallon liquid which contains one-half its volume of
     9  alcohol of a specific gravity of seven thousand nine hundred
    10  thirty-nine ten thousandths (.7939) at sixty degrees Fahrenheit.
    11     Section 99.  Section 509 of the act is reenacted and amended
    12  to read:
    13     Section 509.  License Must Be Posted; Business Hours.--
    14  Licenses shall be issued by the [board] commission under its
    15  official seal. Every license so issued must at all times be
    16  posted in a conspicuous place where the business is carried on
    17  under it, and said place of business must be kept open during
    18  general business hours of every day in the year except Sundays
    19  and legal holidays.
    20     Section 100.  Sections 510 and 511 of the act are reenacted
    21  to read:
    22     Section 510.  Containers To Be Labeled.--All persons, except
    23  as exempted by section five hundred two hereof, manufacturing,
    24  producing, distilling, developing or using in the process of
    25  manufacture, denaturing, redistilling, recovering, rectifying,
    26  blending, reusing, holding in bond, holding in storage as bailee
    27  for hire, or transporting for hire of alcohol or liquor under
    28  the provisions of this article, shall securely and permanently
    29  attach to every container ready for shipment thereof as the same
    30  is manufactured, produced, distilled, developed, denatured,
    19870H1000B1102                 - 192 -

     1  redistilled, recovered, rectified, blended, reused, a label
     2  stating the name of the manufacturer, kind and quantity of
     3  alcohol or liquor contained therein, and the date of its
     4  manufacture, together with the number of the license authorizing
     5  the manufacture thereof, and all persons possessing such alcohol
     6  or liquor in wholesale quantities shall securely keep and
     7  maintain such label thereon.
     8     Section 511.  License To Specify Each Place Authorized For
     9  Use.--Every license issued under the provision of this article
    10  shall specify by definite location every place to be occupied or
    11  used in connection with the business to be conducted thereunder.
    12  It shall be unlawful for the holder of any license to occupy or
    13  use any place in connection with any business authorized under a
    14  license other than the place or places designated therein.
    15     Section 101.  Sections 512, 513 and 514 of the act are
    16  reenacted and amended to read:
    17     Section 512.  Records To Be Kept.--Every person holding a
    18  license issued under the provisions of this article shall keep
    19  on the licensed premises daily permanent records which shall
    20  show, (a) the quantities of any alcohol or liquor manufactured,
    21  produced, distilled, developed, denatured, redistilled,
    22  recovered, reused, stored in bond, stored as bailee for hire,
    23  received or used in the process of manufacture by him, and of
    24  all other material used in manufacturing or developing any
    25  alcohol or liquor; (b) the sales or other disposition of any
    26  alcohol, liquor or malt or brewed beverages if covered by said
    27  license; (c) the quantities thereof, if any, stored in bond,
    28  stored for hire, or transported for hire by or for the licensee;
    29  and (d) the names and addresses of the purchasers or other
    30  recipients thereof: Provided, however, That persons holding
    19870H1000B1102                 - 193 -

     1  licenses issued under the provisions of this article for the
     2  transportation for hire of any alcohol, liquor or malt or brewed
     3  beverages shall not be required to keep the above records, but
     4  shall keep daily permanent records showing the names and
     5  addresses of the persons from whom any alcohol, liquor or malt
     6  or brewed beverage was received and to whom delivered, and such
     7  other permanent records as the [board] commission shall
     8  prescribe.
     9     Section 513.  Premises and Records Subject To Inspection.--
    10  Every place operated under license secured under the provisions
    11  of this article where any alcohol, liquor or malt or brewed
    12  beverage covered by the license is manufactured, produced,
    13  distilled, developed or used in the process of manufacture,
    14  denatured, redistilled, rectified, blended, recovered, reused,
    15  held in bond, stored for hire or in connection with a licensee's
    16  business, shall be subject to inspection by members of the
    17  [board] commission or by persons duly authorized and designated
    18  by the [board] commission at any and all times of the day or
    19  night, as they may deem necessary, (a) for the detection of
    20  violations of this act or of the rules and regulations of the
    21  [board] commission promulgated under the authority of this act,
    22  or (b) for the purpose of ascertaining the correctness of the
    23  records required by this act to be kept by licensees and the
    24  books and records of licensees, and the books and records of
    25  their customers, in so far as they relate to purchases from said
    26  licensees, shall at all times be open to inspection by the
    27  members of the [board] commission or by persons duly authorized
    28  and designated by the [board] commission for the purpose of
    29  making inspections as authorized by this section. Members of the
    30  [board] commission and the persons duly authorized and
    19870H1000B1102                 - 194 -

     1  designated by the [board] commission shall have the right,
     2  without fee or hindrance, to enter any place which is subject to
     3  inspection hereunder, or any place where records subject to
     4  inspection hereunder are kept, for the purpose of making such
     5  inspections.
     6     Section 514.  Suspension and Revocation of Licenses.--(a)
     7  Upon learning of any violation of this act or of any rule or
     8  regulation promulgated by the [board] commission under the
     9  authority of this act, or any violation of any laws of the
    10  Commonwealth or of the United States of America relating to the
    11  tax payment of alcohol, liquor or malt or brewed beverages by
    12  the holder of a license issued under the provisions of this
    13  article, or upon other sufficient cause, the [board] enforcement
    14  bureau may, within one year from the date of such violation or
    15  cause appearing, cite such licensee to appear before [it or its
    16  examiner] an administrative law judge not less than ten (10) nor
    17  more than [fifteen (15)] sixty (60) days from the date of
    18  sending such licensee, by registered mail, a notice addressed to
    19  his licensed premises, to show cause why the license should not
    20  be suspended or revoked. Hearings on such citations shall be
    21  held in the same manner as provided herein for hearings on
    22  applications for license. And upon such hearing, if satisfied
    23  that any such violation has occurred or for other sufficient
    24  cause, the [board] administrative law judge shall immediately
    25  suspend or revoke such license, notifying the licensee thereof
    26  by registered letter addressed to his licensed premises, or to
    27  the address given in his application where no licensed premises
    28  is maintained in Pennsylvania.
    29     (b)  When a license is revoked, the licensee's bond may be
    30  forfeited [by the board]. Any licensee whose license is revoked
    19870H1000B1102                 - 195 -

     1  shall be ineligible to have a license under this act or under
     2  any other act relating to alcohol, liquor or malt or brewed
     3  beverages until the expiration of three (3) years from the date
     4  such license was revoked. In the event [the board shall revoke a
     5  license] of a revocation, no license shall be granted for the
     6  premises or transferred to the premises in which said license
     7  was conducted for a period of at least one (1) year after the
     8  date of the revocation of the license conducted in the said
     9  premises, except in cases where the licensee or a member of his
    10  immediate family is not the owner of the premises, in which case
    11  the [board] commission may, in its discretion, issue or transfer
    12  a license within said year. [In all such cases, the board shall
    13  file of record at least a brief statement in the form of an
    14  opinion of the reasons for the ruling or order.] Such hearing
    15  before and adjudication by an administrative law judge shall be
    16  in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to
    17  practice and procedure of Commonwealth agencies).
    18     Section 102.  Section 515 of the act, repealed in part June
    19  3, 1971 (P.L.118, No.6) and April 28, 1978 (P.L.202, No.53), is
    20  reenacted and amended to read:
    21     Section 515.  Appeals.--[Any] The commission, the enforcement
    22  bureau or any applicant or any licensee aggrieved by any
    23  decision [of the board] refusing, suspending or revoking a
    24  license under the provisions of this article may appeal to the
    25  court of the county in which the licensed premises or the
    26  premises to be licensed are located. In the event an applicant
    27  or a licensee shall have no place of business established within
    28  the Commonwealth, his appeal shall be to the [court of Dauphin
    29  County] Commonwealth Court. Such appeal shall be [upon petition
    30  of the applicant or licensee, as the case may be, who shall
    19870H1000B1102                 - 196 -

     1  serve a copy thereof upon the board. The said appeal shall act
     2  as a supersedeas, unless upon sufficient cause shown the court
     3  shall determine otherwise. The court shall hear the application
     4  de novo at such time as it shall fix, of which notice shall be
     5  given to the board. The court shall, in the case of a refusal by
     6  the board, either sustain such refusal or order the issuance of
     7  the license to the applicant] in accordance with 2 Pa.C.S. Ch. 7
     8  Subch. A (relating to judicial review of Commonwealth agency
     9  action).
    10     Section 103.  Sections 516 and 517 of the act are reenacted
    11  and amended to read:
    12     Section 516.  Compromise Penalty In Lieu of Suspension.--In
    13  those cases where the [board] administrative law judge shall
    14  suspend a license, the [board] administrative law judge may
    15  accept from the licensee an offer in compromise as a penalty in
    16  lieu of such suspension and shall thereupon rescind its order of
    17  suspension. In the case of a distillery licensee, the offer in
    18  compromise shall be at the rate of one hundred dollars ($100)
    19  for each day of suspension; in the case of a bonded warehouse,
    20  bailee for hire and transporter for hire licensees, twenty-five
    21  dollars ($25) for each day; and in the case of a winery
    22  licensee, fifty dollars ($50) for each day. No offer in
    23  compromise may be accepted [by the board] in those cases where
    24  the suspension is for a period in excess of one hundred (100)
    25  days.
    26     Section 517.  Expiration of Licenses; Renewals.--All licenses
    27  issued under this article shall expire at the close of the
    28  calendar year, but new licenses for the succeeding year shall be
    29  issued upon written application therefor, duly verified by
    30  affidavit, stating that the facts in the original application
    19870H1000B1102                 - 197 -

     1  are unchanged, and upon payment of the fee as hereinafter
     2  provided and the furnishing of a new bond, without the filing of
     3  further statements or the furnishing of any further information
     4  unless specifically requested by the [board] commission:
     5  Provided, however, That any such license issued to a corporation
     6  shall expire thirty (30) days after any change in the officers
     7  of such corporation, unless the name and address of each such
     8  new officer of such corporation shall, within that period, be
     9  reported to the [board] commission by certificate, duly
    10  verified. Applications for renewals must be made not less than
    11  thirty (30) nor more than sixty (60) days before the first day
    12  of January of the ensuing year. All applications for renewal
    13  received otherwise shall be treated as original applications.
    14     Section 104.  Section 518 of the act is reenacted to read:
    15     Section 518.  Unlawful Acts.--(a)  It shall be unlawful for
    16  any person to transport any illegal alcohol, liquor or malt or
    17  brewed beverages.
    18     (b)  Whenever any person withdraws or removes any alcohol or
    19  liquor which has not been denatured from any distillery,
    20  denaturing plant, winery or bonded warehouse for the purpose of
    21  denaturing the same, it shall be unlawful for any such person to
    22  use, sell or conceal, or attempt to use, sell or conceal, or be
    23  concerned in the sale, use or concealment of, any such alcohol
    24  or liquor, unless before such sale or use the said alcohol or
    25  liquor shall be denatured by adding thereto denaturing material
    26  or materials or admixtures thereof which render it unfit for
    27  beverage purposes.
    28     (c)  It shall be unlawful for any person to recover and reuse
    29  or attempt to recover and reuse, by redistillation or by any
    30  other process or means whatsoever, any alcohol or liquor from
    19870H1000B1102                 - 198 -

     1  denatured alcohol or from any other liquor from denatured
     2  alcohol or from any other liquid, or to knowingly use, sell,
     3  conceal, or otherwise dispose of, alcohol or liquor so recovered
     4  or redistilled.
     5     Section 105.  Section 519 of the act is reenacted and amended
     6  to read:
     7     Section 519.  Penalties.--Any person or persons who knowingly
     8  violate any of the provisions of this article, or any person who
     9  shall violate any of the conditions of any license issued under
    10  the provisions of this article, or who shall falsify any record
    11  or report required by this article to be kept, or who shall
    12  violate any rule or regulation of the [board] commission, or who
    13  shall interfere with, hinder or obstruct any inspection
    14  authorized by this article, or prevent any member of the [board]
    15  commission or the enforcement bureau or any person duly
    16  authorized and designated by the [board] commission or the
    17  bureau from entering any place which such member of the [board]
    18  commission or the bureau or such person is authorized by this
    19  article to enter for the purpose of making an inspection, or who
    20  shall violate any other provision of this article, shall be
    21  guilty of a misdemeanor and, upon conviction thereof, shall be
    22  sentenced to pay a fine of not less than one hundred dollars
    23  ($100), nor more than five thousand dollars ($5000), or undergo
    24  imprisonment of not more than three (3) years, or both, at the
    25  discretion of the court.
    26     Section 106.  The headings of Article VI and Subdivision (A)
    27  of Article VI of the act are reenacted to read:
    28                            ARTICLE VI.
    29         PROPERTY ILLEGALLY POSSESSED OR USED; FORFEITURES;
    30                             NUISANCES.
    19870H1000B1102                 - 199 -

     1                         (A)  Forfeitures.
     2     Section 107.  Sections 601, 602 and 603 of the act, amended
     3  April 20, 1956 (1955 P.L.1508, No.499), are reenacted and
     4  amended to read:
     5     Section 601.  Forfeiture of Property Illegally Possessed or
     6  Used.--No property rights shall exist in any liquor, alcohol or
     7  malt or brewed beverage illegally manufactured or possessed, or
     8  in any still, equipment, material, utensil, vehicle, boat,
     9  vessel, animals or aircraft used in the illegal manufacture or
    10  illegal transportation of liquor, alcohol or malt or brewed
    11  beverages, and the same shall be deemed contraband and
    12  proceedings for its forfeiture to the Commonwealth may[, at the
    13  discretion of the board,] be instituted in the manner
    14  hereinafter provided. No such property when in the custody of
    15  the law shall be seized or taken therefrom on any writ of
    16  replevin or like process.
    17     Section 602.  Forfeiture Proceedings.--(a)  The proceedings
    18  for the forfeiture or condemnation of all property shall be in
    19  rem, in which the Commonwealth shall be the plaintiff and the
    20  property the defendant. A petition shall be filed in the court
    21  of [quarter sessions] common pleas, verified by oath or
    22  affirmation of any officer or citizen, containing the following:
    23  (1) a description of the property so seized; (2) a statement of
    24  the time and place where seized; (3) the owner, if known; (4)
    25  the person or persons in possession, if known; (5) an allegation
    26  that the same had been possessed or used or was intended for use
    27  in violation of this act; (6) and, a prayer for an order of
    28  forfeiture that the same be adjudged forfeited to the
    29  Commonwealth, unless cause be shown to the contrary.
    30     (b)  A copy of said petition shall be served personally on
    19870H1000B1102                 - 200 -

     1  said owner if he can be found within the jurisdiction of the
     2  court, or upon the person or persons in possession at the time
     3  of the seizure thereof. Said copy shall have endorsed thereon a
     4  notice as follows:
     5     "To the Claimant of Within Described Property: You are
     6  required to file an answer to this petition, setting forth your
     7  title in and right to possession of said property, within
     8  fifteen (15) days from the service hereof; and you are also
     9  notified that if you fail to file said answer, a decree of
    10  forfeiture and condemnation will be entered against said
    11  property."
    12     Said notice shall be signed by petitioner or his attorney, or
    13  the district attorney or the Attorney General.
    14     (c)  If the owner of said property is unknown or outside the
    15  jurisdiction of the court and there was no person in possession
    16  of said property when seized, or such person so in possession
    17  cannot be found within the jurisdiction of the court, notice of
    18  said petition shall be given by an advertisement in only one
    19  newspaper of general circulation published in the county where
    20  such property shall have been seized, once a week for two (2)
    21  successive weeks. No other advertisement of any sort shall be
    22  necessary, any other law to the contrary notwithstanding. Said
    23  notice shall contain a statement of the seizure of said
    24  property, with a description thereof, the place and date of
    25  seizure, and shall direct any claimants thereof to file a claim
    26  therefor on or before a date given in said notice, which date
    27  shall not be less than ten (10) days from the date of the last
    28  publication.
    29     (d)  Upon the filing of any claim for said property, setting
    30  forth a right of possession thereof, the case shall be deemed at
    19870H1000B1102                 - 201 -

     1  issue and a time be fixed for the hearing thereof.
     2     (e)  At the time of said hearing, if the Commonwealth shall
     3  produce evidence that the property in question was unlawfully
     4  possessed or used, the burden shall be upon the claimant to show
     5  (1) that he is the owner of said property, (2) that he lawfully
     6  acquired the same, and (3) that it was not unlawfully used or
     7  possessed.
     8     In the event such claimant shall prove by competent evidence
     9  to the satisfaction of the court that said liquor, alcohol or
    10  malt or brewed beverage, or still, equipment, material, utensil,
    11  vehicle, boat, vessel, container, animal or aircraft was
    12  lawfully acquired, possessed and used, then the court may order
    13  the same returned or delivered to the claimant; but if it
    14  appears that said liquor, alcohol or malt or brewed beverage or
    15  still, equipment, material or utensil was unlawfully possessed
    16  or used, the court shall order the same destroyed, delivered to
    17  a hospital, or turned over to the [board] commission or
    18  enforcement bureau, as hereinafter provided, or if it appears
    19  that said vehicle, boat, vessel, container, animal or aircraft
    20  was unlawfully possessed or used, the court may, in its
    21  discretion, adjudge same forfeited and condemned as hereinafter
    22  provided.
    23     Section 603.  Disposition of Forfeited Property.--If, upon
    24  petition as hereinbefore provided and hearing before the court
    25  of [quarter sessions] common pleas, it appears that any liquor,
    26  alcohol, or malt or brewed beverage or still, equipment,
    27  material or utensil was so illegally possessed, or used, such
    28  liquor, alcohol or malt or brewed beverage or still, equipment,
    29  material or utensil shall be adjudged forfeited and condemned,
    30  or if it appears that any vehicle, boat, vessel, container,
    19870H1000B1102                 - 202 -

     1  animal or aircraft was so used in the illegal manufacture or
     2  transportation of liquor, alcohol or malt or brewed beverage,
     3  such property may, in the discretion of the court, be adjudged
     4  forfeited and condemned and in such case shall be disposed of as
     5  follows:
     6     (a)  Upon conviction of any person of a violation of any of
     7  the provisions of this act, the court shall order the sheriff to
     8  destroy all condemned liquor, alcohol or malt or brewed beverage
     9  and property seized or obtained from such defendants, except
    10  that the court may order the liquor, alcohol or malt or brewed
    11  beverages, or any part thereof, to be delivered to a hospital
    12  for its use, and make return to the court of compliance with
    13  said order, and any vehicle, container, boat, vessel, animals or
    14  aircraft seized under the provisions of this act shall be
    15  disposed of as hereinafter provided.
    16     (b)  In any case in which the defendant is acquitted of a
    17  violation of this act and denies the ownership or possession
    18  thereof, or no claimant appears for same, or appearing, is
    19  unable to sustain claim thereof, the court shall order all
    20  condemned liquor, alcohol and malt or brewed beverages and
    21  property (except vehicles, boats, vessels, containers, animals
    22  and aircraft) publicly destroyed by the sheriff, except that the
    23  court may order the liquor, alcohol or malt or brewed beverages,
    24  or any part thereof, to be delivered to a hospital for its use.
    25  Return of compliance with said order shall be made by the
    26  sheriff to the court.
    27     (c)  In the case of any vehicle, boat, vessel, container,
    28  animal or aircraft seized under the provisions of this act and
    29  condemned, the court shall order the same to be delivered to the
    30  [board] enforcement bureau for its use or for sale or
    19870H1000B1102                 - 203 -

     1  disposition by the [board] bureau, in its discretion. Notice of
     2  such sale shall be given in such manner as the [board] bureau
     3  may prescribe. The proceeds of such sale shall be paid into The
     4  State Stores Fund.
     5     Section 108.  Section 604 of the act is reenacted and amended
     6  to read:
     7     Section 604.  Motor Vehicle Licenses To Be Revoked.--In
     8  addition to the foregoing provisions, the court may, in its
     9  order of condemnation, and in every conviction under this act
    10  where it shall appear that liquor, alcohol or malt or brewed
    11  beverages were unlawfully transported in a motor vehicle,
    12  declare that the license issued by the Department of [Revenue]
    13  Transportation for any motor vehicle so forfeited and condemned,
    14  or issued to any defendant convicted of transporting liquor,
    15  alcohol or malt or brewed beverages in any motor vehicle, shall
    16  be forfeited and revoked, and it shall be the duty of the clerk
    17  of the court in which such conviction is had and order of
    18  condemnation made to certify such conviction to the Secretary of
    19  [Revenue] Transportation, who shall suspend or revoke the
    20  license issued for such motor vehicles: Provided, That a license
    21  may be issued for such motor vehicle to the [board] commission
    22  or the enforcement bureau to any purchaser of the vehicle after
    23  the sale thereof, as above provided.
    24     Section 109.  Section 605 of the act is reenacted to read:
    25     Section 605.  Application of Subdivision.--The provisions of
    26  this subdivision shall apply to the disposition of any liquor,
    27  alcohol or malt or brewed beverage or property in the custody of
    28  the law or of any officer at the time of the passage of this
    29  act.
    30     Section 110.  The heading of Subdivision (B) of Article VI of
    19870H1000B1102                 - 204 -

     1  the act is reenacted to read:
     2                          (B)  Nuisances.
     3     Section 111.  Section 611 of the act is reenacted and amended
     4  to read:
     5     Section 611.  Nuisances; Actions To Enjoin.--(a)  Any room,
     6  house, building, boat, vehicle, structure or place, except a
     7  private home, where liquor, alcohol or malt or brewed beverages
     8  are manufactured, possessed, sold, transported, offered for
     9  sale, bartered or furnished, or stored in bond, or stored for
    10  hire, in violation of this act, and all such liquids, beverages
    11  and property kept or used in maintaining the same, are hereby
    12  declared to be common nuisances, and any person who maintains
    13  such a common nuisance shall be guilty of a misdemeanor and,
    14  upon conviction thereof, shall be subject to the same penalties
    15  provided in section four hundred ninety four of this act.
    16     (b)  An action to enjoin any nuisance defined in this act may
    17  be brought in the name of the Commonwealth of Pennsylvania by
    18  the Attorney General [or], by the district attorney of the
    19  proper county or by a person who resides or has a place of
    20  business within five hundred feet of the location of the alleged
    21  nuisance. Such action shall be brought and tried as an action in
    22  equity and may be brought in any court having jurisdiction to
    23  hear and determine equity cases within the county in which the
    24  offense occurs. If it is made to appear, by affidavit or
    25  otherwise, to the satisfaction of the court that such nuisance
    26  exists, a temporary writ of injunction shall forthwith issue,
    27  restraining the defendant from conducting or permitting the
    28  continuance of such nuisance until the conclusion of the
    29  proceedings. If a temporary injunction is prayed for, the court
    30  may issue an order restraining the defendant and all other
    19870H1000B1102                 - 205 -

     1  persons from removing or in any way interfering with the
     2  liquids, beverages or other things used in connection with the
     3  violation of this act constituting such nuisance. No bond shall
     4  be required in instituting such proceedings brought in the name
     5  of the Commonwealth by the Attorney General or the district
     6  attorney. Where such proceedings are brought by a person, the
     7  court, upon application of the defendant and prior to any
     8  injunction being issued, may direct the plaintiff to post bond
     9  in such amount as the court may find to be reasonable and
    10  sufficient. It shall not be necessary for the court to find the
    11  property involved was being unlawfully used, as aforesaid, at
    12  the time of the hearing, but on finding that the material
    13  allegations of the petition are true, the court shall order that
    14  no liquor, alcohol or malt or brewed beverage shall be
    15  manufactured, sold, offered for sale, transported, bartered or
    16  furnished, or stored in bond, or stored for hire in such room,
    17  house, building, structure, boat, vehicle, or place, or any part
    18  thereof.
    19     (c)  Upon the decree of the court ordering such nuisance to
    20  be abated, the court may, upon proper cause shown, order that
    21  the room, house, building, structure, boat, vehicle or place
    22  shall not be occupied or used for one year thereafter, but the
    23  court may, in its discretion, permit it to be occupied or used
    24  if the owner, lessee, tenant or occupant thereof shall give bond
    25  with sufficient surety to be approved by the court making the
    26  order in the penal and liquidated sum of not less than five
    27  hundred dollars ($500.00), payable to the Commonwealth of
    28  Pennsylvania, for use of the county in which said proceedings
    29  are instituted, and conditioned that neither liquor, alcohol,
    30  nor malt or brewed beverages will thereafter be manufactured,
    19870H1000B1102                 - 206 -

     1  sold, transported, offered for sale, bartered or furnished, or
     2  stored in bond, or stored for hire therein or thereon in
     3  violation of this act, and that he will pay all fines, costs and
     4  damages that may be assessed for any violation of this act upon
     5  said property.
     6     Section 112.  The headings of Article VII and Subdivision (A)
     7  of Article VII of the act are reenacted to read:
     8                            ARTICLE VII.
     9               DEALING IN DISTILLERY BONDED WAREHOUSE
    10                           CERTIFICATES.
    11                    (A)  Preliminary Provisions.
    12     Section 113.  Section 701 of the act is reenacted and amended
    13  to read:
    14     Section 701.  Definitions and Interpretation.--(a)  When used
    15  in this article, the following words or phrases, unless the
    16  context clearly indicates otherwise, shall have the meanings
    17  ascribed to them in this section.
    18     "Agent" shall mean and include every person employed by a
    19  distillery certificate broker to sell, offer for sale or
    20  delivery, to purchase, exchange, or to enter into agreements for
    21  the purchase, sale or exchange, or to solicit subscriptions to,
    22  or orders for, or to undertake to dispose of, or to deal in any
    23  manner in, distillery bonded warehouse certificates.
    24     "Fraud," "fraudulent" and "fraudulent practice" shall include
    25  any misrepresentation in any manner of a relevant fact not made
    26  honestly and in good faith; any promise or representation or
    27  prediction as to the future not made honestly and in good faith,
    28  or an intentional failure to disclose a material fact; the
    29  gaining, directly or indirectly, through the purchase, sale or
    30  exchange of distillery bonded warehouse certificates, of any
    19870H1000B1102                 - 207 -

     1  promotion fee or profit, selling or managing commission or
     2  profit, so gross and exorbitant as to be unconscionable and
     3  fraudulent; and any scheme, device, artifice or investment plan
     4  to obtain such an unconscionable profit: Provided, however, that
     5  nothing herein shall limit or diminish the full meaning of the
     6  terms "fraud" and "fraudulent" as applied or accepted in courts
     7  of law or equity.
     8     (b)  Nothing contained in this article shall be construed as
     9  permitting the holder or owner of a distillery bonded warehouse
    10  certificate, as defined in this act, to secure possession of the
    11  whiskey or other potable distilled spirits named or designated
    12  in such certificate, except in accordance with the provisions of
    13  this act and the laws of this Commonwealth hereafter enacted
    14  relating to alcohol or alcoholic beverages and the regulations
    15  of the [board] commission adopted and promulgated thereunder.
    16     Section 114.  The heading of Subdivision (B) of Article VII
    17  of the act is reenacted to read:
    18                           (B)  Permits.
    19     Section 115.  Section 702 of the act is reenacted to read:
    20     Section 702.  Unlawful to Act as a Distillery Certificate
    21  Broker or to Buy or Sell Distillery Bonded Warehouse Certificate
    22  Without a Permit.--It shall be unlawful for any person, except
    23  as hereinafter exempted, directly or through an agent, to sell,
    24  purchase, exchange, offer for sale, deliver, enter into
    25  agreements for the purchase, sale, exchange, solicit
    26  subscriptions to, orders for, undertake to dispose of, deal in
    27  any manner in, distillery bonded warehouse certificates, without
    28  first having obtained a permit to act as a distillery
    29  certificate broker as provided in this article.
    30     Section 116.  Section 703 of the act is reenacted and amended
    19870H1000B1102                 - 208 -

     1  to read:
     2     Section 703.  Authority to Issue Permits to Distillery
     3  Certificate Brokers.--Subject to the provisions of this article
     4  and regulations promulgated under this act, the [board]
     5  commission shall have authority to issue to any reputable
     6  financially responsible person whose plan of business in dealing
     7  in distillery bonded warehouse certificates is not deemed by the
     8  [board] commission to constitute "fraudulent practice," as
     9  defined herein, a permit to act as distillery certificate
    10  broker.
    11     Section 117.  Section 704 of the act, amended September 28,
    12  1961 (P.L.1728, No.702), is reenacted and amended to read:
    13     Section 704.  Application for Permit; Filing Fee.--Every
    14  applicant for a distillery certificate broker permit shall file
    15  a written application with the [board] commission outlining his
    16  plan of business in dealing in distillery bonded warehouse
    17  certificates, in such form and containing such other information
    18  as the [board] commission shall from time to time prescribe,
    19  which shall be accompanied by a filing fee of twenty dollars
    20  ($20) and the prescribed permit fee. If the applicant is a
    21  natural person, his application must show that he is a citizen
    22  of the United States, and if a corporation, the application must
    23  show that the corporation was created under the laws of
    24  Pennsylvania or holds a certificate of authority to transact
    25  business in Pennsylvania. The application shall be signed and
    26  verified by oath or affirmation of the applicant, if a natural
    27  person, or in the case of an association, by a member or partner
    28  thereof, or in the case of a corporation, by an executive
    29  officer thereof or any person specifically authorized by the
    30  corporation to sign the application, to which shall be attached
    19870H1000B1102                 - 209 -

     1  written evidence of his authority. If the applicant is an
     2  association, the application shall set forth the names and
     3  addresses of the persons constituting the association, and if a
     4  corporation, the names and addresses of all the officers
     5  thereof. All applications must be verified by affidavit of
     6  applicant and if any false statement is intentionally made in
     7  any part of the application, the signer shall be guilty of a
     8  misdemeanor and upon indictment and conviction, shall be subject
     9  to penalties provided by this article.
    10     Section 118.  Section 705 of the act is reenacted and amended
    11  to read:
    12     Section 705.  Issuance of Permits.--Upon receipt of the
    13  application and proper fees and upon being satisfied of the
    14  truth of the statements in the application, and being also
    15  satisfied that the applicant's plan of business in dealing in
    16  distillery bonded warehouse certificates does not constitute
    17  "fraudulent practice," as defined in this article, and that the
    18  applicant is a person of good repute and financially
    19  responsible, the [board] commission may issue to such applicant
    20  a permit authorizing the permittee to sell, purchase, exchange,
    21  pledge and deal in distillery bonded warehouse certificates.
    22     Section 119.  Section 706 of the act is reenacted to read:
    23     Section 706.  Office or Place of Business to be Maintained.--
    24  Every applicant for a distillery certificate broker permit under
    25  this article and every person to whom such a permit is issued
    26  shall maintain an office or place of business within the
    27  Commonwealth.
    28     Section 120.  Sections 707, 708 and 709 of the act are
    29  reenacted and amended to read:
    30     Section 707.  Permit Fee; Permits Not Assignable or
    19870H1000B1102                 - 210 -

     1  Transferable; Display of Permit; Term of Permit.--Every
     2  applicant for distillery certificate broker permit shall, before
     3  receiving such permit, pay to the [board] commission an annual
     4  permit fee of one hundred dollars ($100). Permits issued under
     5  this act may not be assigned or transferred and shall be
     6  conspicuously displayed at the place of business of the
     7  permittee. All permits shall be valid only during the year for
     8  which issued and shall automatically expire on the thirty-first
     9  day of December of each calendar year unless suspended, revoked
    10  or cancelled prior thereto.
    11     Section 708.  Records to be Kept.--Every person holding a
    12  permit issued under this act shall keep daily permanent records
    13  containing a complete record of all transactions in distillery
    14  bonded warehouse certificates within this Commonwealth, in such
    15  form and manner as the [board] commission may from time to time
    16  prescribe. Such records shall be available for examination by
    17  the [board's] commission's officers at the broker's principal
    18  place of business or office in Pennsylvania.
    19     Section 709.  Renewal of Permits.--Upon the filing of an
    20  application and the payment of the prescribed filing fee and
    21  permit fee in the same amount as herein required on original
    22  applications for permits, the [board] commission may renew the
    23  permit for the calendar year beginning January first, provided
    24  such application for renewal is filed and fee paid on or before
    25  December fifteenth of the preceding year, unless the [board]
    26  commission shall have given previous notice of objections to the
    27  renewal of the permit, based upon violation of this article or
    28  the [board's] commission's regulations promulgated thereunder,
    29  or unless the applicant has by his own act become a person of
    30  ill repute or ceases to be financially responsible.
    19870H1000B1102                 - 211 -

     1     Section 121.  Section 710 of the act, amended June 3, 1971
     2  (P.L.118, No.6) and April 28, 1978 (P.L.202, No.53), is
     3  reenacted and amended to read:
     4     Section 710.  Permit Hearings; Appeals From Refusal of the
     5  [Board] Commission to Issue or Renew Permits.--The [board]
     6  commission may of its own motion, and shall upon written request
     7  of any applicant for distillery certificate broker permit or for
     8  renewal thereof whose application for such permit or renewal has
     9  been refused, fix a time and place for hearings of such
    10  application for permit or for renewal thereof, notice of which
    11  hearing shall be sent by registered mail to the applicant at the
    12  address given in his application. Such hearing shall be before
    13  the [board] commission or a member thereof. At such hearing, the
    14  [board] commission shall present its reasons for its refusal or
    15  withholding a permit or renewal thereof. The applicant may
    16  appear in person or by counsel, cross-examine the witnesses of
    17  the [board] commission, and may present evidence which shall be
    18  subject to cross-examination by the [board] commission. Such
    19  hearings shall be stenographically recorded. The [board]
    20  commission shall thereupon grant or refuse the permit or renewal
    21  thereof. If the [board] commission shall refuse such permit or
    22  renewal following such hearing, notice in writing of such
    23  refusal shall be sent by registered mail to the applicant at the
    24  address given in his application. In all such cases, the [board]
    25  commission shall file of record at least a brief statement in
    26  the form of an opinion of the reasons for the ruling or order
    27  and furnish a copy thereof to the applicant.
    28     Section 122.  Section 712 of the act, amended April 28, 1978
    29  (P.L.202, No.53), is reenacted and amended to read:
    30     Section 712.  Revocation and Suspension of Permit.--Upon
    19870H1000B1102                 - 212 -

     1  learning of any violation of this act or regulations of the
     2  [board] commission promulgated thereunder, or any violation of
     3  any laws of this Commonwealth or of the United States of America
     4  by the permittee, his officers, servants, agents or employes, or
     5  upon any other sufficient cause shown, the [board] commission
     6  may cite such permittee to appear before it or a member thereof
     7  not less than ten or more than fifteen days from the date of
     8  sending such permittee, by registered mail, a notice addressed
     9  to him at the address set forth in the application for permit,
    10  to show cause why such permit should not be suspended or
    11  revoked. When such notice is duly addressed and deposited in the
    12  post office, it shall be deemed due and sufficient notice.
    13  Hearings on such citations shall be held in the same manner as
    14  provided herein for hearing on application for permit. Upon such
    15  hearing, if satisfied that any such violation has occurred, or
    16  for other sufficient cause, the [board] commission shall
    17  immediately suspend or revoke the permit, notifying the
    18  permittee thereof by registered letter addressed to the address
    19  set forth in the application for permit. Any permittee whose
    20  permit is revoked shall be ineligible to have a permit under
    21  this act until the expiration of three years from the date such
    22  permit was revoked. In all such cases, the [board] commission
    23  shall file of record at least a brief statement in the form of
    24  an opinion of the reasons for the ruling or order.
    25     Section 123.  The heading of Subdivision (C) of Article VII
    26  of the act is reenacted to read:
    27                (C)  Permittees' Registered Agents.
    28     Section 124.  Section 721 of the act is reenacted to read:
    29     Section 721.  Unlawful to Act as Agent or to Employ Agents
    30  Without Registration.--It shall be unlawful for a distillery
    19870H1000B1102                 - 213 -

     1  certificate broker to employ any person to act as agent, or for
     2  any person to act as agent for any distillery certificate
     3  broker, in purchasing, exchanging, offering for sale,
     4  delivering, entering into agreements for the purchase, sale,
     5  exchange, soliciting subscriptions to, orders for, undertaking
     6  to dispose of, dealing in any manner in, distillery bonded
     7  warehouse certificates, without such person first having been
     8  registered as an agent as provided in this article.
     9     Section 125.  Section 722 of the act is reenacted and amended
    10  to read:
    11     Section 722.  Registered Agents.--Every person holding a
    12  distillery certificate broker permit under this article who
    13  desires to employ an agent or agents in the operation of his
    14  business under the permit shall make application to the [board]
    15  commission for registration of such agent or agents. Every such
    16  permittee's application shall set forth the name of the
    17  permittee and the address of his main office or principal place
    18  of business in Pennsylvania, and the full address where complete
    19  records are maintained covering the permittee's operations in
    20  Pennsylvania. With each such permittee's application there shall
    21  be filed an agent's application for each agent to be registered.
    22  Permittees' applications for agents and agents' applications
    23  shall contain such information as the [board] commission shall
    24  from time to time require, and shall be signed and verified by
    25  oath or affirmation of the agent. Each application shall be
    26  accompanied by two unmounted photographs of the agent.
    27     Section 126.  Section 723 of the act is reenacted to read:
    28     Section 723.  Registration Fee.--Every application for the
    29  registration of agents filed by a permittee shall be accompanied
    30  by a registration fee in the amount of ten dollars ($10) for
    19870H1000B1102                 - 214 -

     1  each agent to be registered, which shall cover the agent's
     2  registration from date of approval until December thirty-first
     3  of the year in which approved. Registrations may be renewed for
     4  a period of one calendar year upon the filing of a new
     5  application and payment of the same registration fee as herein
     6  provided for original registration, together with agent's new
     7  application and photographs of each agent. Applications for
     8  renewal of registration shall be filed not later than December
     9  fifteenth of each year.
    10     Section 127.  Section 724 of the act is reenacted and amended
    11  to read:
    12     Section 724.  Registration and Issuance of Identification
    13  Card.--Upon receipt of the application, the proper fees, and
    14  upon being satisfied of the truth of the statements in the
    15  application and that the applicant is a person of good
    16  reputation and the applicant seeks a registration as defined in
    17  this act, the [board] commission may register such agent and
    18  issue to him an identification card.
    19     Section 128.  Sections 725 and 726 of the act, amended April
    20  28, 1978 (P.L.202, No.53), are reenacted and amended to read:
    21     Section 725.  Hearings Upon Refusal of the [Board]
    22  Commission; Appeals.--In the event that the [board] commission
    23  shall refuse to issue or to renew an agent's registration, a
    24  hearing shall be had.
    25     Section 726.  Revocation and Suspension of Agents'
    26  Registrations.--Upon learning of any violation of this act or
    27  regulation of the [board] commission promulgated thereunder, or
    28  any violation of any laws of this Commonwealth or of the United
    29  States of America by a registered agent, the [board] commission
    30  may revoke or suspend the agent's registration in the same
    19870H1000B1102                 - 215 -

     1  manner as provided herein for the revocation and suspension of
     2  distillery certificate broker permits.
     3     Section 129.  Section 727 of the act is reenacted and amended
     4  to read:
     5     Section 727.  Identification Cards.--(a)  Upon approval by
     6  the [board] commission of the application for registration of an
     7  agent, there shall be issued to such registered agent an
     8  identification card containing the name and address of the
     9  distillery certificate broker, the name, address and physical
    10  description of the agent. There shall also be affixed to the
    11  identification card a photograph of the agent, and no
    12  identification card shall be valid until signed by both the
    13  distillery certificate broker and the agent and counter-signed
    14  by a representative of the [board] commission.
    15     (b)  Before any agent's registration can be changed from one
    16  distillery certificate broker to another, the identification
    17  card of such agent shall either be returned to the [board]
    18  commission by the broker under whom he is registered, or such
    19  broker shall file with the [board] commission a notice in
    20  writing that he has knowledge of and consents to the employment
    21  of such agent by the other broker.
    22     (c)  When the employment of any agent is terminated, the
    23  broker shall immediately notify the [board] commission and the
    24  identification card issued to the agent shall be surrendered to
    25  the [board] commission.
    26     Section 130.  The heading of Subdivision (D) of Article VII
    27  of the act is reenacted to read:
    28                          (D)  Exemptions.
    29     Section 131.  Sections 731, 732 and 733 of the act are
    30  reenacted to read:
    19870H1000B1102                 - 216 -

     1     Section 731.  Bank and Trust Companies and Other Persons.--
     2  Bank and trust companies and other persons duly authorized
     3  within this Commonwealth to engage in the business of lending
     4  money to licensed distillers, rectifiers, importers and
     5  distillery certificate brokers may, without a permit required
     6  under the provisions of this act, accept distillery bonded
     7  warehouse certificates as security or collateral for any loan
     8  made in the regular conduct of their business, and such banks
     9  and trust companies and other persons may liquidate such
    10  security or collateral by sale only to licensed distillers,
    11  rectifiers, importers or distillery certificate brokers.
    12     Section 732.  Distillers, Rectifiers and Importers.--Duly
    13  licensed distillers, rectifiers and importers may, without a
    14  permit required under the provisions of this article, deal in
    15  distillery bonded warehouse certificates, but only with other
    16  duly licensed distillers, rectifiers, importers and with
    17  distillery certificate brokers.
    18     Section 733.  Certificates Owned Since July 24, 1939.--
    19  Persons other than licensed distillers, rectifiers, importers
    20  and distillery certificate brokers, holding distillery bonded
    21  warehouse certificates on and since the twenty-fourth day of
    22  July, one thousand nine hundred thirty-nine, may dispose of same
    23  without a permit required under the provisions of this act, but
    24  only to or through a distillery certificate broker holding a
    25  permit from the board.
    26     Section 132.  The heading of Subdivision (E) of Article VII
    27  of the act is reenacted to read:
    28                (E)  Administration and Enforcement.
    29     Section 133.  Section 741 of the act is reenacted and amended
    30  to read:
    19870H1000B1102                 - 217 -

     1     Section 741.  Duties of the [Board] Commission.--It shall be
     2  the duty of the [board] commission to see that the provisions of
     3  this article are at all times properly administered and obeyed,
     4  and to take such measures and make such investigations as will
     5  detect the violations of any provisions thereof. In the event it
     6  shall discover any violation, it shall, in addition to revoking
     7  any permit or registration of an agent, take such measures as
     8  may be necessary to cause the apprehension and prosecution of
     9  all persons deemed guilty thereof.
    10     Section 134.  The heading of Subdivision (F) of Article VII
    11  of the act is reenacted to read:
    12                     (F)  Fines and Penalties.
    13     Section 135.  Section 751 of the act is reenacted to read:
    14     Section 751.  Penalties.--Any person who shall violate any of
    15  the provisions of this article, or who shall engage in any fraud
    16  or fraudulent practice, as defined herein, shall be guilty of a
    17  misdemeanor and, upon conviction thereof, shall be sentenced to
    18  pay the costs of prosecution and a fine of not less than one
    19  thousand dollars ($1000), nor more than five thousand dollars
    20  ($5000), or undergo imprisonment of not less than one year, nor
    21  more than five years, or both, at the discretion of the court.
    22     Section 136.  The heading of Article VIII of the act is
    23  reenacted to read:
    24                           ARTICLE VIII.
    25               DISPOSITION OF MONEYS COLLECTED UNDER
    26                         PROVISIONS OF ACT.
    27     Section 137.  Section 801 of the act is reenacted and amended
    28  to read:
    29     Section 801.  Moneys Paid Into Liquor License Fund and
    30  Returned to Municipalities.--(a)  The following fees collected
    19870H1000B1102                 - 218 -

     1  by the [board] commission under the provisions of this act shall
     2  be paid into the State Treasury through the Department of
     3  Revenue into a special fund to be known as the "Liquor License
     4  Fund":
     5     (1)  License fees for hotel, restaurant and club liquor
     6  licenses.
     7     (2)  License fees for retail dispensers' (malt and brewed
     8  beverages) licenses.
     9     (b)  The moneys in the Liquor License Fund shall, on the
    10  first days of February and August of each year, be paid by the
    11  [board] commission to the respective municipalities in which the
    12  respective licensed places are situated, in such amounts as
    13  represent the aggregate license fees collected from licenses in
    14  such municipalities during the preceding period.
    15     (c)  The [board] commission shall have the power to
    16  appropriate moneys in the Liquor License Fund for the payment of
    17  claims for refunds allowed and approved by the [board]
    18  commission for moneys paid into the Liquor License Fund because
    19  of the over-payment or overcharge on license fees. In the event
    20  that the moneys in the Liquor License Fund have been distributed
    21  to the respective municipalities, the [board] commission shall
    22  have the authority to deduct from the next semi-annual payment
    23  to the respective municipalities the amount of any over-payment
    24  previously refunded by the [board] commission to any person on
    25  account of an overcharge or over-payment on a license fee.
    26     Section 138.  Section 802 of the act, amended September 28,
    27  1961 (P.L.1728, No.702), is reenacted and amended to read:
    28     Section 802.  Moneys Paid Into The State Stores Fund for Use
    29  of the Commonwealth.--(a)  All moneys, except fees to be paid
    30  into the Liquor License Fund as provided by the [preceding]
    19870H1000B1102                 - 219 -

     1  section 801, collected, received or recovered under the
     2  provisions of this act for license fees, permit fees, filing
     3  fees and registration fees, from forfeitures, sales of forfeited
     4  property, compromise penalties and sales of liquor and alcohol
     5  at the Pennsylvania Liquor Stores, shall be paid into the State
     6  Treasury through the Department of Revenue into a special fund
     7  to be known as "The State Stores Fund."
     8     (b)  One-half of all application filing and transfer fees
     9  shall be credited to a special account designated as the
    10  Enforcement Officers' Retirement Account. The moneys credited to
    11  this account shall be paid, annually, by the [board] commission
    12  to the State Employes' Retirement Board to be paid into the
    13  State Employes' Retirement Fund and credited to the Enforcement
    14  Officers' Benefit Account.
    15     (c)  One per centum of annual profits from the sale of liquor
    16  and alcohol shall be annually transferred to the Department of
    17  Health for use by the Office of Drug and Alcohol Programs, or
    18  its successor in function, for the following purposes:
    19     (1)  Treatment and rehabilitation of persons addicted to the
    20  excessive use of alcoholic beverages.
    21     (2)  Promotion of education, prevention and early
    22  intervention programs designed to eliminate abuse and addiction
    23  to alcohol or other mood-altering substances or secure
    24  appropriate treatment for the already addicted.
    25     (3)  Study of the problem of addiction.
    26     (d)  All other moneys in such fund shall be available for the
    27  purposes for which they are appropriated by law.
    28     (e)  Annually, at the time the budget for the enforcement
    29  bureau is approved, an amount equal to the amount appropriated
    30  from the General Fund for the enforcement bureau shall be
    19870H1000B1102                 - 220 -

     1  transferred from the State Store Fund to the General Fund.
     2     Section 139.  Section 803 of the act is reenacted and amended
     3  to read:
     4     Section 803.  Alcohol Tax Moneys Paid Into General Fund.--All
     5  taxes collected or received by the [board] commission on sales
     6  of taxable alcohol under the provisions of this act shall be
     7  paid into the State Treasury through the Department of Revenue
     8  into the General Fund.
     9     Section 140.  The heading of Article IX of the act is
    10  reenacted to read:
    11                            ARTICLE IX.
    12                              REPEALS.
    13     Section 141.  Section 901 of the act is reenacted to read:
    14     Section 901.  Acts and Parts of Acts Repealed.--The following
    15  acts and parts of acts and all amendments thereof are hereby
    16  repealed to the extent hereinafter specified:
    17     Section five of the act, passed in one thousand seven hundred
    18  five (1 Sm. L. 25), entitled "An act to restrain people from
    19  labour on the first day of the week," absolutely.
    20     The act, passed in one thousand seven hundred five (1 Sm. L.
    21  43), entitled "An act for selling beer and ale by wine-measure,"
    22  absolutely.
    23     The act, passed the thirty-first day of May, one thousand
    24  seven hundred eighteen (1 Sm. L. 104), entitled "An act
    25  empowering the Justices to settle the prices of liquors in
    26  public houses, and provender for horses in public stables,"
    27  absolutely.
    28     The act, passed the twenty-sixth day of August, one thousand
    29  seven hundred twenty-one (1 Sm. L. 126), entitled "A
    30  Supplementary act to a law of this province, entitled 'An act
    19870H1000B1102                 - 221 -

     1  that no public house or inn, within this province, be kept
     2  without license,'" absolutely.
     3     Section twenty of the act, approved the thirtieth day of
     4  March, one thousand eight hundred eleven (Pamphlet Laws 145),
     5  entitled "An act to amend and consolidate the several acts
     6  relating to the settlement of the public accounts and the
     7  payment of the public monies, and for other purposes,"
     8  absolutely.
     9     The act, approved the fourteenth day of March, one thousand
    10  eight hundred fourteen (Pamphlet Laws 100), entitled "An act
    11  providing for the inspection of spirituous liquors," absolutely.
    12     Sections one, two, three and four of the act, approved the
    13  second day of April, one thousand eight hundred twenty-two
    14  (Pamphlet Laws 286), entitled "An act to prevent the disturbance
    15  of meetings held for the purpose of religious worship,"
    16  absolutely.
    17     The act, approved the eighth day of March, one thousand eight
    18  hundred fifteen (Pamphlet Laws 91), entitled "An act altering
    19  the mode of issuing tavern licenses," absolutely.
    20     The act, approved the thirteenth day of March, one thousand
    21  eight hundred fifteen (Pamphlet Laws 171), entitled "A
    22  supplement to the act, entitled 'An act providing for the
    23  inspection of spirituous liquors,' passed the fourteenth day of
    24  March, one thousand eight hundred and fourteen, and for the
    25  prevention of fraud in the purchase or sale of flour or
    26  whiskey," absolutely.
    27     The act, approved the twenty-seventh day of March, one
    28  thousand eight hundred twenty-one (Pamphlet Laws 133), entitled
    29  "An act to regulate inspections," absolutely.
    30     The act, approved the second day of April, one thousand eight
    19870H1000B1102                 - 222 -

     1  hundred twenty-one (Pamphlet Laws 244), entitled "An act laying
     2  a duty on the retailers of foreign merchandise," in so far as it
     3  relates to wine or distilled liquors.
     4     Section two of the act, approved the second day of April, one
     5  thousand eight hundred twenty-two (Pamphlet Laws 226), entitled
     6  "A further supplement to the act, entitled 'An act relative to
     7  habitual Drunkards,'" absolutely.
     8     The act, approved the sixteenth day of January, one thousand
     9  eight hundred twenty-three (Pamphlet Laws 10), entitled "A
    10  supplement to the act entitled, 'An act providing for the
    11  inspection of spirituous liquors,'" absolutely.
    12     Section one of the act, approved the twelfth day of April,
    13  one thousand eight hundred twenty-five (Pamphlet Laws 247),
    14  entitled "An act more effectually to secure the collection of
    15  the revenue from tavern licenses, and for other purposes,"
    16  absolutely.
    17     The act, approved the seventh day of April, one thousand
    18  eight hundred thirty (Pamphlet Laws 352), entitled "An act to
    19  regulate inns and taverns," absolutely.
    20     The act, approved the fifteenth day of February, one thousand
    21  eight hundred thirty-two (Pamphlet Laws 73), entitled "A
    22  supplement to an act entitled 'An act to regulate inns and
    23  taverns,' passed April seventh, eighteen hundred and thirty,"
    24  absolutely.
    25     Sections one, two, three, four, five, ten, eleven, twelve,
    26  thirteen, fourteen, fifteen, sixteen, seventeen, eighteen,
    27  nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-
    28  four, twenty-five, twenty-six and twenty-seven of the act,
    29  approved the eleventh day of March, one thousand eight hundred
    30  thirty-four (Pamphlet Laws 117), entitled "An act relating to
    19870H1000B1102                 - 223 -

     1  Inns, Taverns, and retailers of vinous and spirituous liquors,"
     2  absolutely.
     3     Sections one hundred twenty-three, one hundred twenty-four,
     4  one hundred twenty-five, one hundred twenty-six, one hundred
     5  twenty-seven, one hundred twenty-eight, one hundred twenty-nine,
     6  one hundred thirty, one hundred thirty-one, one hundred thirty-
     7  two, one hundred thirty-three, one hundred thirty-four, one
     8  hundred thirty-five, one hundred thirty-six, one hundred thirty-
     9  seven, one hundred thirty-eight, one hundred thirty-nine and one
    10  hundred forty of the act, approved the fifteenth day of April,
    11  one thousand eight hundred thirty-five (Pamphlet Laws 384),
    12  entitled "An act relating to Inspections," absolutely.
    13     Section sixty-six of the act, approved the thirteenth day of
    14  June, one thousand eight hundred thirty-six (Pamphlet Laws 589),
    15  entitled "An act relating to lunatics and habitual drunkards,"
    16  absolutely.
    17     Section twenty-two of the act, approved the twenty-seventh
    18  day of May, one thousand eight hundred forty (Pamphlet Laws
    19  548), entitled "An act to erect the town of South Easton, in the
    20  county of Northampton, into a borough, and for other purposes,"
    21  absolutely.
    22     The act, approved the twenty-ninth day of March, one thousand
    23  eight hundred forty-one (Pamphlet Laws 121), entitled "An act
    24  supplementary to the various Acts relating to Tavern Licenses,"
    25  absolutely.
    26     Section forty-four of the act, approved the twenty-fifth day
    27  of March, one thousand eight hundred forty-two (Pamphlet Laws
    28  192), entitled "An act to appoint Commissioners to Re-survey and
    29  mark that portion of the county line, which divides the township
    30  of Bristol, in the county of Philadelphia, from the township of
    19870H1000B1102                 - 224 -

     1  Cheltenham, in the county of Montgomery, and for other
     2  purposes," absolutely.
     3     Section four of the act, approved the twenty-first day of
     4  April, one thousand eight hundred forty-six (Pamphlet Laws 431),
     5  entitled "An act to authorize the voters of Mifflin county to
     6  decide the question of tavern license therein, and to prohibit
     7  the sale of intoxicating drinks within specified limits in
     8  certain counties," absolutely.
     9     Sections twenty, twenty-one, twenty-two, twenty-three,
    10  thirty-one, thirty-two and thirty-three of the act, approved the
    11  tenth day of April, one thousand eight hundred forty-nine
    12  (Pamphlet Laws 570), entitled "An act to create a sinking fund,
    13  and to provide for the gradual and certain extinguishment of the
    14  debt of the commonwealth," absolutely.
    15     The act, approved the sixteenth day of April, one thousand
    16  eight hundred forty-nine (Pamphlet Laws 657), entitled "An act
    17  to change the mode of granting tavern licenses in the city and
    18  county of Philadelphia," absolutely.
    19     Sections five, six and eight of the act, approved the
    20  thirtieth day of April, one thousand eight hundred fifty
    21  (Pamphlet Laws 634), entitled "An act regulating the hunting of
    22  deer in the county of Warren; and relative to hawkers and
    23  peddlers in the counties of Carbon, Butler and Union;
    24  authorizing the Philadelphia, Germantown and Norristown railroad
    25  company to become stockholders in the Chester Valley railroad
    26  company; relative to the sale of spirituous and vinous liquors
    27  in Washington county; and to the licensing of inn-keepers in
    28  this commonwealth; to the estate of John Claar, deceased;
    29  legitimating John Diffenbach, of Lancaster county; and
    30  authorizing the sale of the real estate of Darius Grimes, of
    19870H1000B1102                 - 225 -

     1  Fayette county, deceased," absolutely.
     2     Section eight of the act, approved the fourteenth day of
     3  April, one thousand eight hundred fifty-one (Pamphlet Laws 569),
     4  entitled "A further supplement to the act entitled 'An Act
     5  authorizing the Governor to incorporate the Bear Mountain
     6  Railroad Company,' and for other purposes, passed July
     7  thirteenth, one thousand eight hundred and forty-two, and
     8  relative to roads, streets, and alleys in the borough of
     9  Pottsville, in Schuylkill county, to hawkers and peddlers in
    10  Armstrong and Carbon counties, to the Bethany and Dingman's
    11  choice turnpike road, to the district of West Philadelphia, to
    12  the bottling of cider and malt liquors, licensing billiard rooms
    13  and bowling saloons, to the district of Moyamensing, and to
    14  authorize Charles B. Mench to sell certain real estate,"
    15  absolutely.
    16     Sections one, two, three, six, seven and eight of the act,
    17  approved the eighth day of May, one thousand eight hundred
    18  fifty-four (Pamphlet Laws 663), entitled "An act to protect
    19  certain domestic and private Rights, and prevent abuses in the
    20  Sale and Use of Intoxicating Drinks," absolutely.
    21     The act, approved the twenty-sixth day of January, one
    22  thousand eight hundred fifty-five (Pamphlet Laws 53), entitled
    23  "An act to prevent the Sale of Intoxicating Liquors on the First
    24  Day of the Week, commonly called Sunday," absolutely.
    25     Sections one, two, three, four, five, six, seven, eight,
    26  nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
    27  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
    28  twenty-three, twenty-four, twenty-five, thirty, thirty-two,
    29  thirty-three and thirty-four of the act, approved the thirty-
    30  first day of March, one thousand eight hundred fifty-six
    19870H1000B1102                 - 226 -

     1  (Pamphlet Laws 200), entitled "An act to Regulate the Sale of
     2  Intoxicating Liquors," absolutely.
     3     Sections one, two, three, four, five, six, seven, eight,
     4  nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
     5  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-three
     6  and twenty-four of the act, approved the twentieth day of April,
     7  one thousand eight hundred fifty-eight (Pamphlet Laws 365),
     8  entitled "A supplement to an act to Regulate the Sale of
     9  Intoxicating Liquors, approved the thirty-first of March, Anno
    10  Domini one thousand eight hundred and fifty-six," absolutely.
    11     The act, approved the twenty-first day of April, one thousand
    12  eight hundred fifty-eight (Pamphlet Laws 393), entitled "A
    13  further supplement to an act relative to the Inspection of
    14  Liquors," absolutely.
    15     Section two of the act, approved the seventeenth day of
    16  March, one thousand eight hundred fifty-nine (Pamphlet Laws
    17  167), entitled "An act relating to Trustees of Farmers' High
    18  Schools of Pennsylvania," absolutely.
    19     The act, approved the fourteenth day of April, one thousand
    20  eight hundred fifty-nine (Pamphlet Laws 653), entitled "An act
    21  relating to the granting of Licenses to Hotel, Inn, or Tavern
    22  Keepers," absolutely.
    23     The act, approved the twenty-ninth day of March, one thousand
    24  eight hundred sixty (Pamphlet Laws 346), entitled "An act to
    25  prevent Recovery for the Sale of Adulterated Liquors,"
    26  absolutely.
    27     The act, approved the fifteenth day of April, one thousand
    28  eight hundred sixty-three (Pamphlet Laws 480), entitled "An act
    29  relating to the inspection of domestic distilled spirits,"
    30  absolutely.
    19870H1000B1102                 - 227 -

     1     The act, approved the twenty-second day of March, one
     2  thousand eight hundred sixty-seven (Pamphlet Laws 40), entitled
     3  "A further supplement to an act to regulate the granting of
     4  licenses to hotels and eating houses, approved March thirty-
     5  first, one thousand eight hundred and fifty-six," absolutely.
     6     The act, approved the twenty-ninth day of April, one thousand
     7  eight hundred sixty-seven (Pamphlet Laws 95), entitled "A
     8  supplement to an act, entitled 'An act to prevent the sale of
     9  intoxicating liquors on the first day of the week, commonly
    10  called Sunday,' approved February twenty-six, one thousand eight
    11  hundred and fifty-five," absolutely.
    12     Sections two and four of the act, approved the eighth day of
    13  April, one thousand eight hundred seventy-three (Pamphlet Laws
    14  566), entitled "An act to provide for the appointment of
    15  mercantile appraisers in the city of Philadelphia, defining the
    16  duties of the same, and constituting a board of appeal,"
    17  absolutely.
    18     Sections two, three, four, five, six, seven, eight, nine, ten
    19  eleven and twelve of the act, approved the twelfth day of April,
    20  one thousand eight hundred seventy-five (Pamphlet Laws 40),
    21  entitled "An act to repeal and act to permit the voters of this
    22  commonwealth to vote every three years on the question of
    23  granting licenses to sell intoxicating liquors, and to restrain
    24  and regulate the sale of the same," absolutely.
    25     Section one of the act, approved the twelfth day of April,
    26  one thousand eight hundred seventy-five (Pamphlet Laws 48),
    27  entitled "An act to prevent the sale of intoxicating liquors,
    28  and for the preservation of order at soldiers' encampments or
    29  re-unions," absolutely.
    30     The act, approved the second day of June, one thousand eight
    19870H1000B1102                 - 228 -

     1  hundred eighty-one (Pamphlet Laws 43), entitled "An act to
     2  prevent the use of poisonous or deleterious drugs or chemicals,
     3  or impure or injurious materials, or those prejudicial to the
     4  public health, in the brewing or manufacture of ale, beer or
     5  other malt liquors, or in the fermentation, distillation or
     6  manufacture of any vinous or spirituous liquors, and to provide
     7  for the punishment of any persons using the same," absolutely.
     8     The act, approved the ninth day of July, one thousand eight
     9  hundred eighty-one (Pamphlet Laws 162), entitled "An act to
    10  prohibit the granting of a license for the sale of liquors to
    11  proprietors, lessees, keepers or managers of theaters or other
    12  places of amusement," absolutely.
    13     Section four of the act, approved the twenty-eighth day of
    14  May, one thousand eight hundred eighty-five (Pamphlet Laws 27),
    15  entitled "An act supplementary to an act, entitled 'An act to
    16  protect children from neglect and cruelty, and relating to their
    17  employment, protection and adoption,' approved the eleventh day
    18  of June, one thousand eight hundred and seventy-nine, providing
    19  for the further protection of minors, and regulating the
    20  boarding and maintaining of infant children for hire," in so far
    21  as it relates to premises for which a hotel, restaurant or club
    22  liquor license or a retail dispenser's license is held.
    23     The act, approved the twenty-fourth day of May, one thousand
    24  eight hundred eighty-seven (Pamphlet Laws 194), entitled "An act
    25  providing for the licensing of wholesale dealers in intoxicating
    26  liquors," absolutely.
    27     The act, approved the second day of June, one thousand eight
    28  hundred ninety-one (Pamphlet Laws 173), entitled "An act to
    29  permit the growers of grapes in this Commonwealth to manufacture
    30  wine from grapes of their own raising that are not first-class
    19870H1000B1102                 - 229 -

     1  or marketable, and sell such wine to licensed dealers without
     2  taking out or paying a license for such manufacture or sale,"
     3  absolutely.
     4     The act, approved the ninth day of June, one thousand eight
     5  hundred ninety-one (Pamphlet Laws 257), entitled "An act to
     6  restrain and regulate the sale of vinous and spirituous, malt or
     7  brewed liquors or any admixture thereof by wholesale,"
     8  absolutely.
     9     The act, approved the twentieth day of June, one thousand
    10  eight hundred ninety-three (Pamphlet Laws 474), entitled "An act
    11  authorizing distillers of spirituous or vinous liquors to sell
    12  such liquors of their own manufacture in original packages of
    13  not less than forty gallons, without being required to take out
    14  a license as is now required by existing laws," absolutely.
    15     Section one of the act, approved the twenty-fifth day of May,
    16  one thousand eight hundred ninety-seven (Pamphlet Laws 93),
    17  entitled "An act relating to the prosecutions of licensed
    18  dealers and their employes on the charge of furnishing
    19  intoxicating liquors to minors, and prescribing the penalty
    20  therefor," absolutely.
    21     The act, approved the twenty-first day of June, one thousand
    22  eight hundred ninety-seven (Pamphlet Laws 176), entitled "An act
    23  providing that the manufacturers who shall pay a certain sum,
    24  annually, into the Treasury of the Commonwealth, shall sell only
    25  malt or brewed liquors of their own manufacture to dealers only
    26  who have been licensed by the court," absolutely.
    27     The act, approved the thirtieth day of July, one thousand
    28  eight hundred ninety-seven (Pamphlet Laws 464), entitled "An act
    29  to provide revenue and regulate the sale of malt, brewed, vinous
    30  and spirituous liquors or any admixture thereof, by requiring
    19870H1000B1102                 - 230 -

     1  and authorizing licenses to be taken out by brewers, distillers,
     2  wholesalers, bottlers, rectifiers, compounders, storekeepers and
     3  agents, having a store, office or place of business within this
     4  Commonwealth, prescribing the amount of license fees to be paid
     5  in such cases, and by imposing an additional license fee on
     6  retail dealers in intoxicating liquors," absolutely.
     7     Section one of the act, approved the eleventh day of May, one
     8  thousand nine hundred one (Pamphlet Laws 162), entitled "A
     9  supplement to an act, entitled 'An act to restrain and regulate
    10  the sale of vinous and spirituous, malt or brewed liquors, or
    11  any admixture thereof,' approved the thirteenth day of May, Anno
    12  Domini one thousand eight hundred and eighty-seven," absolutely.
    13     The act, approved the nineteenth day of June, one thousand
    14  nine hundred one (Pamphlet Laws 572), entitled "An act
    15  authorizing the several courts of quarter sessions of this
    16  Commonwealth to grant licenses to sell intoxicating liquors at
    17  retail, wholesale or by brewers for a longer or shorter period
    18  than one year in certain cases but only for the purpose of
    19  changing the date from which annual licenses shall thereafter
    20  run and take effect," absolutely.
    21     The act, approved the twenty-second day of April, one
    22  thousand nine hundred three (Pamphlet Laws 257), entitled "An
    23  act to amend the second section of an act, entitled 'An act to
    24  protect certain domestic and private rights and prevent abuses
    25  in the sale and use of intoxicating drinks,' approved the eighth
    26  day of May, Anno Domini one thousand eight hundred and fifty-
    27  four, in relation to the penalties and fines therein prescribed,
    28  and giving the court discretionary power in relation thereto,"
    29  absolutely.
    30     Section one of the act, approved the twenty-second day of
    19870H1000B1102                 - 231 -

     1  April, one thousand nine hundred three (Pamphlet Laws 259),
     2  entitled "An act providing for the payment of liquor license
     3  money to school districts, in townships in which the roads shall
     4  be made and repaired by taxpayers pursuant to the act of twelfth
     5  of June, Anno Domini one thousand eight hundred and ninety-
     6  three, and its supplements," absolutely.
     7     The act, approved the twenty-third day of April, one thousand
     8  nine hundred three (Pamphlet Laws 265), entitled "A supplement
     9  to an act, entitled 'An act to restrain and regulate the sale of
    10  vinous and spirituous, malt or brewed liquors, or any admixture
    11  thereof,' approved the thirteenth day of May, Anno Domini one
    12  thousand eight hundred and eighty-seven," absolutely.
    13     The act, approved the twenty-seventh day of April one
    14  thousand nine hundred three (Pamphlet Laws 317), entitled "An
    15  act amending section three of an act, entitled 'An act to
    16  provide revenue and regulate the sale of malt, brewed, vinous
    17  and spirituous liquors, or any admixture thereof, by requiring
    18  and authorizing licenses to be taken out by brewers, distillers,
    19  wholesalers, bottlers, rectifiers, compounders, store-keepers
    20  and agents, having a store, office or place of business within
    21  this Commonwealth, prescribing the amount of license fees to be
    22  paid in such cases, and by imposing an additional license fee on
    23  retail dealers in intoxicating liquors,' approved the thirtieth
    24  day of July, Anno Domini one thousand eight hundred and ninety-
    25  seven, by providing that, in counties having a population of
    26  more than five hundred thousand (500,000) and less than one
    27  million (1,000,000), the cost of publishing the list of
    28  applicants for liquor licenses shall be paid out of the general
    29  funds of the county, and not deducted from the fees paid by such
    30  applicants for expenses connected therewith," absolutely.
    19870H1000B1102                 - 232 -

     1     The act, approved the twenty-ninth day of March, one thousand
     2  nine hundred seven (Pamphlet Laws 38), entitled "An act to amend
     3  section two of an act, entitled 'An act to provide revenue, and
     4  regulate the sale of malt, brewed, vinous, and spirituous
     5  liquors, or any admixture thereof, by requiring and authorizing
     6  licenses to be taken out by brewers, distillers, wholesalers,
     7  bottlers, rectifiers, compounders, storekeepers, and agents,
     8  having a store, office, or place of business within this
     9  Commonwealth; prescribing the amount of license fees to be paid
    10  in such cases, and by imposing an additional license fee on
    11  retail dealers in intoxicating liquors,' approved the thirtieth
    12  day of July, Anno Domini one thousand eight hundred and ninety-
    13  seven, by changing the time when the treasurers of the
    14  respective counties shall pay all license funds to the State
    15  Treasurer and to the treasurers of the respective
    16  municipalities," absolutely.
    17     The act, approved the twenty-seventh day of April, one
    18  thousand nine hundred seven (Pamphlet Laws 122), entitled "An
    19  act authorizing licensed wholesale liquor sellers and dealers to
    20  purchase vinous, spirituous, malt, or brewed liquors, in kegs,
    21  barrels, or otherwise in bulk, and to transfer the same into
    22  bottles or smaller packages; and to sell the same in such
    23  bottles or smaller packages, in certain quantities, and fixing
    24  the annual license-fee of such dealers in cities of the first
    25  class, second class, third class, and in boroughs and
    26  townships," absolutely.
    27     The act, approved the twenty-ninth day of May, one thousand
    28  nine hundred seven (Pamphlet Laws 307), entitled "An act
    29  regulating the payment of retail liquor license-fees in this
    30  Commonwealth," absolutely.
    19870H1000B1102                 - 233 -

     1     The act, approved the twenty-second day of April, one
     2  thousand nine hundred nine (Pamphlet Laws 136), entitled "An act
     3  regulating the payment of brewers' wholesale and bottlers'
     4  license fees in this Commonwealth," absolutely.
     5     The act, approved the second day of April, one thousand nine
     6  hundred thirteen (Pamphlet Laws 32), entitled "An act permitting
     7  any wholesale or retail licensed liquor dealer or bottler to
     8  keep such licensed place of business open during the pendency of
     9  any application for transfer of license," absolutely.
    10     The act, approved the fourteenth day of May, one thousand
    11  nine hundred thirteen (Pamphlet Laws 203), entitled "An act to
    12  provide and fix fees and compensation to be received by
    13  constables in this Commonwealth for visiting places where
    14  liquors are sold or kept," absolutely.
    15     The act, approved the twelfth day of June, one thousand nine
    16  hundred thirteen (Pamphlet Laws 490), entitled "An act
    17  prohibiting the offering or giving of premium by any person,
    18  partnership, or corporation, licensed to sell vinous,
    19  spirituous, malt, or brewed liquors at wholesale or retail, for
    20  the return of caps, stoppers, corks, stamps, or labels taken
    21  from any bottle, case, keg, barrel, or package containing such
    22  vinous, spirituous, malt, or brewed liquors, and providing a
    23  penalty for the violation thereof," absolutely.
    24     Section one of the act, approved the twenty-second day of
    25  July, one thousand nine hundred thirteen (Pamphlet Laws 914),
    26  entitled "An act authorizing any person, firm or corporation,
    27  owning or operating distilleries producing only denatured
    28  alcohol for industrial purposes, and not for use as a beverage
    29  or for medicinal purposes, to operate such distillery without a
    30  license; regulating the taxation of such corporations; requiring
    19870H1000B1102                 - 234 -

     1  certain reports to be made to the Auditor General, and providing
     2  penalties," in so far as it exempts any person, firm or
     3  corporation owning or operating a distillery from the necessity
     4  of obtaining a license under the provisions of this act to
     5  operate such distillery.
     6     The act, approved the seventeenth day of July, one thousand
     7  nine hundred seventeen (Pamphlet Laws 1020), entitled "An act
     8  amending an act, entitled 'An act prohibiting the offering or
     9  giving of premium, by any person, partnership, or corporation
    10  licensed to sell vinous, spirituous, malt, or brewed liquors, at
    11  wholesale or retail, for the return of caps, stoppers, corks,
    12  stamps, or labels taken from any bottle, case, keg, barrel, or
    13  package containing such vinous, spirituous, malt, or brewed
    14  liquors, and providing a penalty for the violation thereof,'
    15  approved the twelfth day of June, Anno Domini one thousand nine
    16  hundred thirteen; prohibiting the offer or gift or premiums or
    17  presents as an inducement for the purchase of liquors, or for
    18  any other purpose," absolutely.
    19     The act, approved the eighteenth day of July, one thousand
    20  nine hundred seventeen (Pamphlet Laws 1071), entitled "An act
    21  amending section one of an act, approved the fourteenth day of
    22  May, one thousand nine hundred thirteen, entitled 'An act to
    23  provide and fix fees and compensation to be received by
    24  constables in this Commonwealth for visiting places where
    25  liquors are sold or kept,'" absolutely.
    26     The act, approved the twenty-sixth day of February, one
    27  thousand nine hundred nineteen (Pamphlet Laws 9), entitled "An
    28  act to amend section one of an act, approved the thirtieth day
    29  of July, one thousand eight hundred and ninety-seven (Pamphlet
    30  Laws, four hundred sixty-four), entitled 'An act to provide
    19870H1000B1102                 - 235 -

     1  revenue and regulate the sale of malt, brewed, vinous and
     2  spiritous liquors or any admixture thereof, by requiring and
     3  authorizing licenses to be taken out by brewers, distillers,
     4  wholesalers, bottlers, rectifiers, compounders, storekeepers and
     5  agents, having a store, office or place of business within this
     6  Commonwealth, prescribing the amount of license fees to be paid
     7  in such cases, and by imposing an additional license fee on
     8  retail dealers in intoxicating liquors,'" absolutely.
     9     The act, approved the eighth day of May, one thousand nine
    10  hundred nineteen (Pamphlet Laws 167), entitled "An act providing
    11  for the refunding of liquor license fees and additional taxes to
    12  wholesale and retail dealers, brewers, distillers, rectifiers,
    13  compounders, bottlers, agents, and other persons, prevented from
    14  engaging in business by order or regulation of the President or
    15  Secretary of War; providing for the return of the proportions
    16  thereof paid to municipalities and the Commonwealth; and making
    17  an appropriation," absolutely.
    18     The act, approved the twenty-sixth day of June, one thousand
    19  nine hundred nineteen (Pamphlet Laws 673), entitled "An act
    20  permitting wholesale or retail dealers, brewers, distillers,
    21  rectifiers, compounders, bottlers, agents, or other persons
    22  licensed to deal in or sell any vinous, spirituous, malt or
    23  brewed liquors, to surrender licenses heretofore granted and
    24  issued; authorizing county treasurers to refund a proportionate
    25  amount of the annual license fee and additional license tax
    26  where such licenses have been surrendered or where the licensees
    27  have been prevented from selling thereunder by any State or
    28  Federal laws or regulation; and requiring the State Treasurer
    29  and the municipalities to contribute to the amount so refunded;
    30  and making an appropriation," absolutely.
    19870H1000B1102                 - 236 -

     1     The act, approved the twenty-first day of July, one thousand
     2  nine hundred nineteen (Pamphlet Laws 1069), entitled "An act to
     3  provide for the manufacture or distillation and sale of ethyl
     4  alcohol for medicinal, scientific, mechanical, commercial, and
     5  other lawful purposes, and the issuance of licenses therefor;
     6  and providing a penalty for violation of the provisions hereof,"
     7  absolutely.
     8     Section forty-two of the act, approved the seventeenth day of
     9  May, one thousand nine hundred twenty-one (Pamphlet Laws 869),
    10  entitled "An act providing for the organization, government,
    11  discipline, maintenance, and regulation of the armed land forces
    12  of this Commonwealth," in so far as it relates to liquor or malt
    13  or brewed beverages.
    14     The act, approved the nineteenth day of February, one
    15  thousand nine hundred twenty-six (Pamphlet Laws 16), entitled "A
    16  supplement to the act, approved the twenty-seventh day of March,
    17  one thousand nine hundred and twenty-three (Pamphlet Laws,
    18  thirty-four), entitled 'An act concerning alcoholic liquors;
    19  prohibiting the manufacture, advertising, furnishing, traffic
    20  in, and possession of intoxicating liquors for beverage
    21  purposes, and articles and substances designed or intended for
    22  use in the manufacture thereof; defining intoxicating liquor;
    23  providing for penalties, forfeitures, and the abatement of
    24  nuisances; and repealing existing alcoholic liquor laws and
    25  alcoholic liquor license laws'; providing for the registering of
    26  federal permits; also regulating, under permit, through a
    27  Pennsylvania Alcohol Permit Board created in the Department of
    28  Welfare, the manufacture, production, distillation, development,
    29  use in manufacture, denaturization, redistillation, recovery,
    30  reuse, holding in bond, holding in storage by bailees for hire,
    19870H1000B1102                 - 237 -

     1  sale at wholesale, and transportation for hire, of any alcohol
     2  or alcoholic liquid, by certain persons; also providing for fees
     3  and the disposition thereof; also authorizing the inspection of
     4  the records of permittees and purchasers of said alcohol or
     5  alcoholic liquid; also declaring certain places nuisances and
     6  providing for their abatement; also providing penalties; and
     7  also repealing all acts or parts of acts inconsistent with this
     8  act," absolutely.
     9     The act, approved the third day of May, one thousand nine
    10  hundred thirty-three (Pamphlet Laws 252), entitled "An act to
    11  regulate and restrain the traffic in malt, brewed, and vinous
    12  and fruit juice beverages, as herein defined; providing for the
    13  licensing of the sale and distribution of such beverages;
    14  imposing license fees, and providing for collection and
    15  distribution thereof; restricting ownership and interest in
    16  licensed places; permitting municipalities and townships, by
    17  vote of the electors, to prevent the licensing therein of places
    18  where such beverages may be sold for consumption on the
    19  premises, and regulating elections for this purpose; imposing
    20  duties upon county treasurers, the Department of Revenue,
    21  quarter sessions courts, district attorneys, proper authorities
    22  of political subdivisions of the State, and election officers;
    23  providing penalties; and repealing existing acts," absolutely.
    24     The act, approved the twenty-ninth day of November, one
    25  thousand nine-hundred thirty-three (Pamphlet Laws 13, (1933-
    26  34)), entitled "An act creating an independent administrative
    27  board to be known as the Pennsylvania Liquor Control Board,"
    28  absolutely.
    29     The act, approved the twenty-ninth day of November, one
    30  thousand nine hundred thirty-three (Pamphlet Laws 15, (1933-
    19870H1000B1102                 - 238 -

     1  34)), entitled "An act to regulate and restrain the sale,
     2  importation, and use of certain alcoholic beverages; conferring
     3  powers and imposing duties upon the Pennsylvania Liquor Control
     4  Board, the Department of Public Instruction, other officers of
     5  the State government, courts, and district attorneys;
     6  authorizing the establishment and operation of State stores for
     7  the sale of such beverages not for consumption on the premises,
     8  and the granting of licenses, subject to local option, to sell
     9  such beverages for consumption on the premises; forbidding
    10  importation or bringing of such beverages into the State except
    11  as herein provided; prohibiting certain sales or practices in,
    12  connections with, and transactions in such beverages by
    13  licensees and others; making disposition of the receipts from
    14  State stores and of license fees; and imposing penalties,"
    15  absolutely.
    16     The act, approved the eighth day of December, one thousand
    17  nine hundred thirty-three (Pamphlet Laws 57, (1933-34)),
    18  entitled "An act to amend the title and certain sections of the
    19  act, approved the nineteenth day of February, one thousand nine
    20  hundred twenty-six (Pamphlet Laws, sixteen), entitled 'A
    21  supplement to the act, approved the twenty-seventh day of March,
    22  one thousand nine hundred and twenty-three (Pamphlet Laws,
    23  thirty-four), entitled "An act concerning alcoholic liquors;
    24  prohibiting the manufacturer, advertising, furnishing, traffic
    25  in, and possession of intoxicating liquors for beverage
    26  purposes, and articles and substances designed or intended for
    27  use in the manufacture thereof; defining intoxicating liquor;
    28  providing for penalties, forfeitures, and the abatement of
    29  nuisances; and repealing existing alcoholic liquor laws and
    30  alcoholic liquor license laws'; providing for the registering of
    19870H1000B1102                 - 239 -

     1  Federal permits; also regulating, under permit, through a
     2  Pennsylvania Alcohol Permit Board created in the Department of
     3  Welfare, the manufacture, production, distillation, development,
     4  use in manufacture, denaturization, redistillation, recovery,
     5  reuse, holding in bond, holding in storage by bailees for hire,
     6  sale at wholesale, and transportation for hire, of any alcohol
     7  or alcoholic liquid, by certain persons; also providing for fees
     8  and the disposition thereof; also authorizing the inspection of
     9  the records of permittees and purchasers of said alcohol or
    10  alcoholic liquid; also declaring certain places nuisances and
    11  providing for their abatement; also providing penalties; and
    12  also repealing all acts or parts of acts inconsistent with this
    13  act, by providing that the act shall be administered by the
    14  Pennsylvania Liquor Control Board; making the act consistent
    15  with the repeal of the Eighteenth Amendment; changing
    16  definitions and exemptions; bringing rectifiers and blenders
    17  within the act; allowing appeals to the courts; providing for
    18  the abatement of nuisances; and increasing fees," absolutely.
    19     The act, approved the twentieth day of December, one thousand
    20  nine hundred thirty-three (Pamphlet Laws 75, (1933-34)),
    21  entitled "An act to amend the title and certain sections of the
    22  act, approved the third day of May, one thousand nine hundred
    23  thirty-three (Act number ninety-one), entitled 'An act to
    24  regulate and restrain the traffic in malt, brewed, and vinous
    25  and fruit juice beverages, as herein defined; providing for the
    26  licensing of the sale and distribution of such beverages;
    27  imposing license fees, and providing for collection and
    28  distribution thereof; restricting ownership and interest in
    29  licensed places; permitting municipalities and townships, by
    30  vote of the electors, to prevent the licensing therein of places
    19870H1000B1102                 - 240 -

     1  where such beverages may be sold for consumption on the
     2  premises, and regulating elections for this purpose; imposing
     3  duties upon county treasurers, the Department of Revenue,
     4  quarter sessions courts, district attorneys, proper authorities
     5  of political subdivisions of the State, and election officers;
     6  providing penalties; and repealing existing acts,' by limiting
     7  the provisions of the act to malt liquors, as defined therein,
     8  and clarifying certain provisions of the act," absolutely.
     9     The act, approved the eighteenth day of July, one thousand
    10  nine hundred thirty-five (Pamphlet Laws 1217), entitled "An act
    11  to reenact and amend the title and the act, approved the third
    12  day of May, one thousand nine hundred and thirty-three (Pamphlet
    13  Laws, two hundred fifty-two), entitled 'An act to regulate and
    14  restrain the traffic in malt, brewed, and vinous and fruit juice
    15  beverages, as herein defined; providing for the licensing of the
    16  sale and distribution of such beverages; imposing license fees,
    17  and providing for collection and distribution thereof;
    18  restricting ownership and interest in licensed places;
    19  permitting municipalities and townships, by vote of the
    20  electors, to prevent the licensing therein of places where such
    21  beverages may be sold for consumption on the premises, and
    22  regulating elections for this purpose; imposing duties upon
    23  county treasurers, the Department of Revenue, quarter sessions
    24  courts, district attorneys, proper authorities of political
    25  subdivisions of the State, and election officers; providing
    26  penalties; and repealing existing acts,' as amended, by
    27  providing for the issue by the county treasurer of retail
    28  dispensers' licenses, and by the Pennsylvania Liquor Control
    29  Board of distributors', importing distributors', and
    30  manufacturers' licenses; regulating the business of
    19870H1000B1102                 - 241 -

     1  manufacturers of malt and brewed beverages; and providing for
     2  the issue of public service licenses and special permits
     3  relating to entertainment and transportation for hire by said
     4  board; changing, fixing, and providing for the fixing of permit
     5  and license fees, and providing for the disposition thereof;
     6  providing for the abatement of nuisances; providing for the
     7  revocation and suspension of licenses by the court of quarter
     8  sessions and the board; further regulating the manufacture,
     9  sale, transportation and traffic in malt and brewed beverages;
    10  prescribing penalties; and repealing inconsistent acts,"
    11  absolutely.
    12     The act, approved the eighteenth day of July, one thousand
    13  nine hundred thirty-five (Pamphlet Laws 1246), entitled "An act
    14  to reenact and amend the title and the act approved the twenty-
    15  ninth day of November, one thousand nine hundred and thirty-
    16  three (Pamphlet Laws, fifteen--one thousand nine hundred thirty-
    17  three-one thousand nine hundred thirty-four), entitled 'An act
    18  to regulate and restrain the sale, importation, and use of
    19  certain alcoholic beverages; conferring powers and imposing
    20  duties upon the Pennsylvania Liquor Control Board, the
    21  Department of Public Instruction, other officers of the State
    22  government, courts and district attorneys; authorizing the
    23  establishment and operation of State stores for the sale of such
    24  beverages not for consumption on the premises, and the granting
    25  of licenses, subject to local option, to sell such beverages for
    26  consumption on the premises; forbidding importation or bringing
    27  of such beverages into the State except as herein provided;
    28  prohibiting certain sales or practices in, connections with, and
    29  transactions in such beverages by licenses and others; making
    30  disposition of the receipts from State stores and of license
    19870H1000B1102                 - 242 -

     1  fees; and imposing penalties,' by extending the provisions of
     2  said act to the manufacture and possession of alcohol, alcoholic
     3  beverages and malt or brewed beverages; permitting licensees to
     4  sell malt or brewed beverages for consumption off premises;
     5  providing for the revocation and suspension of licenses by the
     6  board and the court of quarter sessions, and conferring
     7  additional powers and imposing additional duties on the board,
     8  including power to fix the form and capacity of packages and
     9  containers, and the duty to require certain manufacturers and
    10  other persons to secure permit and pay permit fees; conferring
    11  power on agents of the board to arrest on view without warrant
    12  and to confiscate property unlawfully used, and providing for
    13  the destruction and disposition thereof; providing for the
    14  disposition of license and filing fees; providing that fines and
    15  penalties collected shall be for the use of counties; legalizing
    16  the home manufacture and possession of wine; extending the civil
    17  service provisions of this act; further regulating the
    18  manufacture, sale and traffic in alcohol, alcoholic beverages
    19  and malt and brewed beverages; prescribing penalties and
    20  repealing existing laws," absolutely.
    21     The act, approved the eighteenth day of July, one thousand
    22  nine hundred thirty-five (Pamphlet Laws 1283), entitled "An act
    23  to amend clauses (i) and (l) of section two, and section three
    24  of the act, approved the nineteenth day of February, one
    25  thousand nine hundred and twenty-six (Pamphlet Laws, sixteen),
    26  entitled, and amended 'An act regulating, under permit, through
    27  the Pennsylvania Liquor Control Board, the manufacture,
    28  production, distillation, development, use in manufacture,
    29  denaturization, redistillation, rectification, blending,
    30  recovery, reuse, holding in bond, holding in storage by bailees
    19870H1000B1102                 - 243 -

     1  for hire, and transportation for hire, of any alcohol, alcoholic
     2  liquid or alcoholic beverage, by certain persons; requiring the
     3  registration of Federal permits; also providing for fees and the
     4  disposition thereof, and for appeals to the courts; also
     5  authorizing the inspection of the records of permittees and
     6  purchasers of said alcohol, alcoholic liquid, and alcoholic
     7  beverages; also declaring certain places nuisances and providing
     8  for their abatement; also providing penalties; and also
     9  repealing all acts or parts of acts inconsistent with this act,'
    10  as amended; further defining distilleries and wineries; and
    11  providing for the licensure and rights of manufacturers of
    12  wine," absolutely.
    13     The act, approved the sixteenth day of June, one thousand
    14  nine hundred thirty-seven (Pamphlet Laws 1762), entitled "An act
    15  to re-enact and further amend the title and the act, approved
    16  the twenty-ninth day of November, one thousand nine hundred and
    17  thirty-three (Pamphlet Laws, fifteen--one thousand nine hundred
    18  thirty-three--thirty-four), entitled, as amended 'An act to
    19  regulate and restrain the sale, manufacture, possession,
    20  transportation, importation, traffic in, and use of alcohol, and
    21  alcoholic and malt or brewed beverages; conferring powers and
    22  imposing duties upon the Pennsylvania Liquor Control Board and
    23  its agents, the Department of Public Instruction, other officers
    24  of the State government, courts, and district attorneys;
    25  authorizing the establishment and operation of State stores for
    26  the sale of such beverages not for consumption on the premises,
    27  and the granting of licenses, subject to local option, to sell
    28  such beverages for consumption on and off the premises;
    29  forbidding importation or bringing of such beverages into the
    30  State except as herein provided; prohibiting certain sales or
    19870H1000B1102                 - 244 -

     1  practices in, connection with, and transactions in such
     2  beverages by licensees and others; making disposition of the
     3  receipts from State stores and of fees; and imposing penalties,'
     4  further regulating the manufacture, sale, importation, use, and
     5  traffic in liquors, alcohol, and malt and brewed beverages;
     6  conferring additional powers and imposing additional duties on
     7  the Pennsylvania Liquor Control Board; further regulating those
     8  licensed under this act; imposing additional filing fees; and
     9  increasing fees for certain permits; and providing for the
    10  disposition thereof; further regulating the establishment of
    11  State liquor stores, and the employment and use of personnel by
    12  the board; regulating and providing the procedure for the
    13  granting, transfer, revocation, and suspension of licenses, and
    14  for compromises in certain cases, and the disposition of moneys
    15  arising therefrom; providing for the forfeiture of certain
    16  property; regulating the jurisdiction of courts, and local
    17  option procedure; prohibiting certain interlocking business; and
    18  providing penalties," absolutely.
    19     The act, approved the sixteenth day of June, one thousand
    20  nine hundred thirty-seven (Pamphlet Laws 1811), entitled "An act
    21  to re-enact and amend the act, approved the nineteenth day of
    22  February, one thousand nine hundred twenty-six (Pamphlet Laws,
    23  sixteen), entitled, as amended 'An act regulating, under permit,
    24  through the Pennsylvania Liquor Control Board, the manufacture,
    25  production, distillation, development, use in manufacture,
    26  denaturization, redistillation, rectification, blending,
    27  recovery, reuse, holding in bond, holding in storage by bailees
    28  for hire, and transportation for hire, of any alcohol, alcoholic
    29  liquid or alcoholic beverage, by certain persons; requiring the
    30  registration of Federal permits; also providing for fees and the
    19870H1000B1102                 - 245 -

     1  disposition thereof, and for appeals to the courts; also
     2  authorizing the inspection of the records of permittees and
     3  purchasers of said alcohol, alcoholic liquid, and alcoholic
     4  beverages; also declaring certain places nuisances and providing
     5  for their abatement; also providing penalties; and also
     6  repealing all acts or parts of acts inconsistent with this act,'
     7  further regulating the manufacture, sale, use, and traffic in
     8  alcohol and alcoholic liquids; conferring additional powers and
     9  imposing additional duties upon the Pennsylvania Liquor Control
    10  Board; further regulating those licensed under this act;
    11  imposing filing fees; changing the method of calculating certain
    12  license fees; providing for the use of the word "license"
    13  instead of "permit"; regulating and providing the procedure for
    14  the granting, suspension, and revocation of licenses, and for
    15  compromises in certain cases; providing for the disposition of
    16  fees, compromise penalties, and forfeitures; regulating the
    17  jurisdiction of courts; and providing penalties," absolutely.
    18     The act, approved the sixteenth day of June, one thousand
    19  nine hundred thirty-seven (Pamphlet Laws 1827), entitled "An act
    20  to re-enact and further amend the title and the act, approved
    21  the third day of May, one thousand nine hundred and thirty-three
    22  (Pamphlet Laws, two hundred fifty-two), entitled, as amended 'An
    23  act to regulate and restrain the traffic in malt and brewed
    24  beverages, as herein defined; providing for the licensing of the
    25  manufacture, transportation, sale and distribution of such
    26  beverages; imposing license and permit fees, and providing for
    27  collection and distribution thereof; restricting ownership and
    28  interest in licensed places; permitting municipalities and
    29  townships, by vote of the electors, to prevent the licensing
    30  therein of places where such beverages may be sold for
    19870H1000B1102                 - 246 -

     1  consumption on the premises, and regulating elections for this
     2  purpose; imposing duties upon county treasurers, the
     3  Pennsylvania Liquor Control Board, quarter sessions courts,
     4  district attorneys, the Department of Justice, proper
     5  authorities of political subdivisions of the State, and election
     6  officers; providing penalties; and repealing existing acts,'
     7  defining and further defining and regulating licensees,
     8  application for licenses, and sales by licensees, and fixing
     9  fees for amusement permits; regulating the granting, suspension,
    10  revocation, and transfer of licenses, and the procedure
    11  therefor, and conferring jurisdiction on certain courts;
    12  providing for the granting of licenses by the Pennsylvania
    13  Liquor Control Board instead of the county treasurer, and
    14  prescribing the powers and duties of said board; providing for
    15  compromises where licenses are suspended, and for the
    16  disposition of application license permit fees, forfeitures, and
    17  penalties; and providing penalties," absolutely.
    18     The act, approved the twenty-fifth day of June, one thousand
    19  nine hundred thirty-seven (Pamphlet Laws 2073), entitled "An act
    20  to amend section five of the act, approved the twenty-ninth day
    21  of November, one thousand nine hundred thirty-three (One
    22  thousand nine hundred thirty-three-one thousand nine hundred
    23  thirty-four--Pamphlet Laws, thirteen), entitled 'An act creating
    24  an independent administrative board to be known as the
    25  Pennsylvania Liquor Control Board,' by making further provision
    26  with respect to the fidelity bonds of the members, secretary,
    27  and employes of the board," absolutely.
    28     The act, approved the twenty-sixth day of June, one thousand
    29  nine hundred thirty-nine (Pamphlet Laws 764), entitled "An act
    30  to regulate and restrain the sale, purchase, exchange, pledge,
    19870H1000B1102                 - 247 -

     1  and dealing in distillery bonded warehouse certificate for
     2  whiskey or any other potable distilled spirits, except ethyl
     3  alcohol; conferring powers and imposing duties upon the
     4  Pennsylvania Liquor Control Board; authorizing the granting of
     5  permits and registration of agents to deal in such certificates,
     6  and the suspension and revocation of such permits and
     7  registration of agents; providing for hearings and appeals to
     8  the court of common pleas; forbidding transaction in such
     9  certificates in this State except as herein provided;
    10  prescribing and imposing penalties; and providing for the
    11  disposition of filing, registration and permit fees,"
    12  absolutely.
    13     The act, approved the twenty-fourth day of June, one thousand
    14  nine hundred thirty-nine (Pamphlet Laws 802), entitled "An act
    15  to further amend clause (a) of section four hundred and seven of
    16  the act, approved the twenty-ninth day of November, one thousand
    17  nine hundred and thirty-three (Pamphlet Laws, fifteen, 1933-34),
    18  entitled, as amended 'An act to regulate and restrain the sale,
    19  manufacture, possession, transportation, importation, traffic
    20  in, and use of alcohol, and alcoholic and malt or brewed
    21  beverages; conferring powers and imposing duties upon the
    22  Pennsylvania Liquor Control Board and its agents, the Department
    23  of Public Instruction, other officers of the State government,
    24  courts, and district attorneys; authorizing the establishment
    25  and operation of State stores for the sale of such beverages not
    26  for consumption on the premises, and the granting of licenses,
    27  subject to local option, to sell such beverages for consumption
    28  on and off the premises; forbidding importation or bringing of
    29  such beverages into the State except as herein provided;
    30  prohibiting certain sales or practices in, connection with, and
    19870H1000B1102                 - 248 -

     1  transactions in such beverages by licensees and others;
     2  providing for the forfeiture of certain property; making
     3  disposition of the receipts from State stores and of fees; and
     4  imposing penalties,' changing the fees for hotel and restaurant
     5  liquor licenses in certain cases," absolutely.
     6     The act, approved the twenty-fourth day of June, one thousand
     7  nine hundred thirty-nine (Pamphlet Laws 804), entitled "An act
     8  to amend clause (e) of section six hundred and nine of the act,
     9  approved the twenty-ninth day of November, one thousand nine
    10  hundred and thirty-three (Pamphlet Laws, fifteen, 1933-34),
    11  entitled, as amended 'An act to regulate and restrain the sale
    12  manufacture, possession, transportation, importation, traffic
    13  in, and use of alcohol, and alcoholic and malt or brewed
    14  beverages; conferring powers and imposing duties upon the
    15  Pennsylvania Liquor Control Board and its agents, the Department
    16  of Public Instruction, other officers of the State government,
    17  courts, and district attorneys; authorizing the establishment
    18  and operation of State stores for the sale of such beverages not
    19  for consumption on the premises, and the granting of licenses,
    20  subject to local option, to sell such beverages for consumption
    21  on and off the premises; forbidding importation or bringing of
    22  such beverages into the State except as herein provided;
    23  prohibiting certain sales or practices, in connection with, and
    24  transactions in such beverages by licensees and others;
    25  providing for the forfeiture of certain property; making
    26  disposition of the receipts from State stores and of fees; and
    27  imposing penalties,' as reenacted and amended permitting hotel,
    28  restaurant and club licensees to own land but not the buildings
    29  thereon where such land is leased and the buildings owned by a
    30  holder of a retail dispenser's license under the beverage
    19870H1000B1102                 - 249 -

     1  license law," absolutely.
     2     The act, approved the twenty-fourth day of June, one thousand
     3  nine hundred thirty-nine (Pamphlet Laws 806), entitled "An act
     4  limiting the number of licenses for the retail sale of liquor,
     5  malt or brewed beverages, or malt and brewed beverages, to be
     6  issued by the Pennsylvania Liquor Control Board; defining
     7  hotels, and prescribing the accommodations required of hotels in
     8  certain municipalities," except insofar as the provisions of
     9  section one, as amended, shall apply to hotel licenses granted
    10  prior to the first day of September, one thousand nine hundred
    11  forty-nine, or granted on any application made and pending prior
    12  to said date, or to any renewal or transfer of such licenses, or
    13  to hotels under construction or for which a bona fide contract
    14  had been entered into for construction prior to said date.
    15     The act, approved the eighteenth day of July, one thousand
    16  nine hundred forty-one (Pamphlet Laws 408), entitled "An act
    17  relative to the employment of females in hotels, taverns,
    18  saloons and eating houses for the mixing or sale of alcoholic
    19  drinks, and the penalty for violation thereof," absolutely.
    20     The act, approved the twenty-fourth day of July, one thousand
    21  nine hundred forty-one (Pamphlet Laws 480), entitled "An act to
    22  further amend section two of the act, approved the third day of
    23  May, one thousand nine hundred thirty-three (Pamphlet Laws, two
    24  hundred fifty-two), entitled, as amended, 'An act to regulate
    25  and restrain the traffic in malt and brewed beverages, as herein
    26  defined; providing for the licensing of the manufacture,
    27  transportation, sale and distribution of such beverages;
    28  imposing license and permit fees, and providing for collection
    29  and distribution thereof; restricting ownership and interest in
    30  licensed places; permitting municipalities and townships, by
    19870H1000B1102                 - 250 -

     1  vote of the electors, to prevent the licensing therein of places
     2  where such beverages may be sold for consumption on the
     3  premises, and regulating elections for this purpose; imposing
     4  duties upon the Pennsylvania Liquor Control Board, quarter
     5  sessions courts, district attorneys, the Department of Justice,
     6  proper authorities of political subdivisions of the State, and
     7  election officers; providing penalties; and repealing existing
     8  acts,' by permitting clubs to waive or reduce or pay dues
     9  payable by members in military service," absolutely.
    10     The act, approved the twenty-fourth day of July, one thousand
    11  nine hundred forty-one (Pamphlet Laws 483), entitled "An act to
    12  further amend section two of the act, approved the twenty-ninth
    13  day of November, one thousand nine hundred thirty-three
    14  (Pamphlet Laws, fifteen, 1933-34), entitled 'An act to regulate
    15  and restrain the sale, manufacture, possession, transportation,
    16  importation, traffic in, and use of alcohol, and alcoholic and
    17  malt or brewed beverages; conferring powers and imposing duties
    18  upon the Pennsylvania Liquor Control Board and its agents, the
    19  Department of Public Instruction, other officers of the State
    20  government, courts, and district attorneys; authorizing the
    21  establishment and operation of State stores for the sale of such
    22  beverages not for consumption on the premises, and the granting
    23  of licenses, subject to local option, to sell such beverages for
    24  consumption on and off the premises; forbidding importation or
    25  bringing of such beverages into the State except as herein
    26  provided; prohibiting certain sales or practices in, connection
    27  with, and transactions in such beverages by licensees and
    28  others; providing for the forfeiture of certain property; making
    29  disposition of the receipts from State stores and of fees; and
    30  imposing penalties,' by permitting clubs to waive or reduce or
    19870H1000B1102                 - 251 -

     1  pay dues payable by members in military service," absolutely.
     2     The act, approved the sixteenth day of April, one thousand
     3  nine hundred forty-three (Pamphlet Laws 60), entitled "An act to
     4  further amend section four hundred ten of the act, approved the
     5  twenty-ninth day of November, one thousand nine hundred and
     6  thirty-three (Pamphlet Laws, fifteen, one thousand nine hundred
     7  thirty-three and thirty-four), entitled, as amended 'An act to
     8  regulate and restrain the sale, manufacture, possession,
     9  transportation, importation, traffic in, and use of alcohol, and
    10  alcoholic and malt or brewed beverages; conferring powers and
    11  imposing duties upon the Pennsylvania Liquor Control Board and
    12  its agents, the Department of Public Instruction, other officers
    13  of the State government, courts, and district attorneys;
    14  authorizing the establishment and operation of State stores for
    15  the sale of such beverages not for consumption on the premises,
    16  and the granting of licenses, subject to local option, to sell
    17  such beverages for consumption on and off the premises;
    18  forbidding importation or bringing of such beverages into the
    19  State except as herein provided; prohibiting certain sales or
    20  practices in, connection with, and transactions in such
    21  beverages by licensees and others; providing for the forfeiture
    22  of certain property; making disposition of the receipts from
    23  State stores and of fees; and imposing penalties,' by postponing
    24  the time for the taking effect of orders of the Pennsylvania
    25  Liquor Control Board, suspending or revoking licenses for a
    26  period of twenty days, during which time the licensee may take
    27  an appeal," absolutely.
    28     The act, approved the twenty-first day of May, one thousand
    29  nine hundred forty-three (Pamphlet Laws 332), entitled "An act
    30  to further amend subsection fourteen of section six hundred two
    19870H1000B1102                 - 252 -

     1  of the act, approved the twenty-ninth day of November, one
     2  thousand nine hundred and thirty-three (Pamphlet Laws, fifteen--
     3  1933-34) entitled, as amended 'An act to regulate and restrain
     4  the sale, manufacture, possession, transportation, importation,
     5  traffic in, and use of alcohol, and alcoholic and malt or brewed
     6  beverages; conferring powers and imposing duties upon the
     7  Pennsylvania Liquor Control Board and its agents, the Department
     8  of Public Instruction, other officers of the State government,
     9  courts, and district attorneys; authorizing the establishment
    10  and operation of State stores for the sale of such beverages not
    11  for consumption on the premises, and the granting of licenses,
    12  subject to local option, to sell such beverages for consumption
    13  on and off the premises; forbidding importation or bringing of
    14  such beverages into the State except as herein provided;
    15  prohibiting certain sales of practices in, connection with, and
    16  transactions in such beverages by licensees and others;
    17  providing for the forfeiture of certain property; making
    18  disposition of the receipts from State stores and of fees; and
    19  imposing penalties'; exempting certain coin operated motion
    20  picture machines from provisions of the act requiring special
    21  permits," absolutely.
    22     The act, approved the twenty-first day of May, one thousand
    23  nine hundred forty-three (Pamphlet Laws 374), entitled "An act
    24  to further amend section sixteen of the act, approved the third
    25  day of May, one thousand nine hundred thirty-three (Pamphlet
    26  Laws, two hundred fifty-two), entitled, as amended 'An act to
    27  regulate and  restrain the traffic in malt and brewed beverages,
    28  as herein defined; providing for the licensing of the
    29  manufacture, transportation, sale and distribution of such
    30  beverages; imposing license and permit fees, and providing for
    19870H1000B1102                 - 253 -

     1  collection and distribution thereof; restricting ownership and
     2  interest in licensed places; permitting municipalities and
     3  townships, by vote of the electors, to prevent the licensing
     4  therein of places where such beverages may be sold for
     5  consumption on the premises, and regulating elections for this
     6  purpose; imposing duties upon the Pennsylvania Liquor Control
     7  Board, quarter sessions courts, district attorneys, the
     8  Department of Justice, proper authorities of political
     9  subdivisions of the State, and election officers; providing
    10  penalties; and repealing existing acts,' by providing for the
    11  surrendering by persons in military service of licenses granted
    12  to them, the renewal thereof by the board during the licensee's
    13  continuance in such service, and the renewal thereof
    14  thereafter," absolutely.
    15     The act, approved the twenty-first day of May, one thousand
    16  nine hundred forty-three (Pamphlet Laws 401), entitled "An act
    17  to amend section four hundred nine of the act, approved the
    18  twenty-ninth day of November, one thousand nine hundred thirty-
    19  three (Pamphlet Laws, fifteen, 1933-34), entitled, as amended
    20  'An act to regulate and restrain the sale, manufacture,
    21  possession, transportation, importation, traffic in, and use of
    22  alcohol, and alcoholic and malt or brewed beverages; conferring
    23  powers and imposing duties upon the Pennsylvania Liquor Control
    24  Board and its agents, the Department of Public Instruction,
    25  other officers of the State government, courts, and district
    26  attorneys; authorizing the establishment and operation of State
    27  stores for the sale of such beverages not for consumption on the
    28  premises, and the granting of licenses, subject to local option,
    29  to sell such beverages for consumption on and off the premises;
    30  forbidding importation or bringing of such beverages into the
    19870H1000B1102                 - 254 -

     1  State except as herein provided; prohibiting certain sales or
     2  practices in, connection with, and transactions in such
     3  beverages by licensees and others; providing for the forfeiture
     4  of certain property; making disposition of the receipts from
     5  State stores and of fees; and imposing penalties,' by providing
     6  for the surrendering by persons in military service of licenses
     7  granted to them, the renewal thereof by the board during
     8  licensee's continuance in such service, and the renewal thereof
     9  thereafter," absolutely.
    10     The act, approved the twenty-first day of May, one thousand
    11  nine hundred forty-three (Pamphlet Laws 403), entitled "An act
    12  to further amend sections two, three hundred five, section six
    13  hundred two and section six hundred three of the act, approved
    14  the twenty-ninth day of November, one thousand nine hundred
    15  thirty-three (Pamphlet Laws, fifteen--1933-34), entitled, as
    16  amended 'An act to regulate and restrain the sale, manufacture,
    17  possession, transportation, importation, traffic in, and use of
    18  alcohol, and alcoholic and malt or brewed beverages; conferring
    19  powers and imposing duties upon the Pennsylvania Liquor Control
    20  Board and its agents, the Department of Public Instruction,
    21  other officers of the State government, courts, and district
    22  attorneys; authorizing the establishment and operation of State
    23  stores for the sale of such beverages not for consumption on the
    24  premises, and the granting of licenses, subject to local option,
    25  to sell such beverages for consumption on and off the premises;
    26  forbidding importation or bringing of such beverages into the
    27  State except as herein provided; prohibiting certain sales or
    28  practices in, connection with, and transactions in such
    29  beverages by licensees and others; providing for the forfeiture
    30  of certain property; making disposition of the receipts from
    19870H1000B1102                 - 255 -

     1  State stores and of fees; and imposing penalties,' by defining
     2  "Official Seal"; authorizing the designation of wholesale or
     3  retail stores; authorizing the Pennsylvania Liquor Control Board
     4  to adopt and enforce rules and regulations, to insure the
     5  equitable wholesale and retail sale and distribution of liquor
     6  and alcohol through the Pennsylvania liquor stores during times
     7  of shortage, and making it unlawful to violate any such rules
     8  and regulations," absolutely.
     9     The act, approved the twenty-seventh day of May, one thousand
    10  nine hundred forty-three (Pamphlet Laws 688), entitled "An act
    11  to further amend sections four hundred four and four hundred ten
    12  of the act, approved the twenty-ninth day of November, one
    13  thousand nine hundred thirty-three (Pamphlet Laws fifteen--
    14  1933-34), entitled, as amended 'An act to regulate and restrain
    15  the sale, manufacture, possession, transportation, importation,
    16  traffic in, and use of alcohol, and alcoholic and malt or brewed
    17  beverages; conferring powers and imposing duties upon the
    18  Pennsylvania Liquor Control Board and its agents, the Department
    19  of Public Instruction, other officers of the State government,
    20  courts, and district attorneys; authorizing the establishment
    21  and operation of State stores for the sale of such beverages not
    22  for consumption on the premises, and the granting of licenses,
    23  subject to local option, to sell such beverages for consumption
    24  on and off the premises; forbidding importation or bringing of
    25  such beverages into the State except as herein provided;
    26  prohibiting certain sales or practices in, connection with, and
    27  transactions in such beverages by licensees and others;
    28  providing for the forfeiture of certain property; making
    29  disposition of the receipts from State stores and of fees; and
    30  imposing penalties,' conferring jurisdiction on the county court
    19870H1000B1102                 - 256 -

     1  of Allegheny County, in cases of appeals from the Pennsylvania
     2  Liquor Control Board," absolutely.
     3     The act, approved the twenty-seventh day of May, one thousand
     4  nine hundred forty-three (Pamphlet Laws 694), entitled "An act
     5  to further amend sections seven and thirteen of the act,
     6  approved the third day of May, one thousand nine hundred thirty-
     7  three (Pamphlet Laws, two hundred fifty-two), entitled, as
     8  amended 'An act to regulate and restrain the traffic in malt and
     9  brewed beverages, as herein defined; providing for the licensing
    10  of the manufacture, transportation, sale and distribution of
    11  such beverages; imposing license and permit fees, and providing
    12  for collection and distribution thereof; restricting ownership
    13  and interest in licensed places; permitting municipalities and
    14  townships, by vote of the electors, to prevent the licensing
    15  therein of places where such beverages may be sold for
    16  consumption on the premises, and regulating elections for this
    17  purpose; imposing duties upon the Pennsylvania Liquor Control
    18  Board, quarter sessions courts, district attorneys, the
    19  Department of Justice, proper authorities of political
    20  subdivisions of the State, and election officers; providing
    21  penalties; and repealing existing acts,' conferring jurisdiction
    22  on the county court of Allegheny County in cases of appeals from
    23  the Pennsylvania Liquor Control Board," absolutely.
    24     The act, approved the twenty-third day of May, one thousand
    25  nine hundred forty-seven (Pamphlet Laws 287), entitled "An act
    26  providing that the statement of registration issued to electors
    27  and his signed declaration of age shall be sufficient proof of
    28  age for the purchase of alcoholic beverages; prohibiting
    29  transfers thereof and false statements; imposing penalties, and
    30  saving from prosecution licensees serving holders of such
    19870H1000B1102                 - 257 -

     1  statements making such declarations," absolutely.
     2     The act, approved the fourteenth day of April, one thousand
     3  nine hundred forty-nine (Pamphlet Laws 481), entitled "An act to
     4  further amend section five of the act, approved the nineteenth
     5  day of February, one thousand nine hundred twenty-six (Pamphlet
     6  Laws 16), entitled, as amended 'An act regulating, under permit,
     7  through the Pennsylvania Liquor Control Board, the manufacture,
     8  production, distillation, development, use in manufacture,
     9  denaturization, redistillation, rectification, blending,
    10  recovery, reuse, holding in bond, holding in storage by bailees
    11  for hire, and transportation for hire, of any alcohol, alcoholic
    12  liquid or alcoholic beverage, by certain persons; requiring the
    13  registration of Federal permits; also providing for fees and the
    14  disposition thereof, and for appeals to the courts; also
    15  authorizing the inspection of the records of permittees and
    16  purchasers of said alcohol, alcoholic liquid, and alcoholic
    17  beverages; also declaring certain places nuisances and providing
    18  for their abatement; also providing penalties; and also
    19  repealing all acts or parts of acts inconsistent with this act,'
    20  by exempting scheduled common carriers by air of mail and
    21  passengers from license requirement," absolutely.
    22     The act, approved the twenty-eighth day of April, one
    23  thousand nine hundred forty-nine (Pamphlet Laws 764), entitled
    24  "An act to further amend section four hundred twelve and
    25  subsections (9) and (10) of section six hundred two of the act,
    26  approved the twenty-ninth day of November, on thousand nine
    27  hundred thirty-three (Pamphlet Laws 15, 1933-34), entitled, as
    28  amended 'An act to regulate and restrain the sale, manufacture,
    29  possession, transportation, importation, traffic in, and use of
    30  alcohol, and alcoholic and malt or brewed beverages; conferring
    19870H1000B1102                 - 258 -

     1  powers and imposing duties upon the Pennsylvania Liquor Control
     2  Board and its agents, the Department of Public Instruction,
     3  other officers of the State government, courts, and district
     4  attorneys; authorizing the establishment and operation of State
     5  stores for the sale of such beverages not for consumption on the
     6  premises, and the granting of licenses, subject to local option,
     7  to sell such beverages for consumption on and off the premises;
     8  forbidding importation or bringing of such beverages into the
     9  State except as herein provided; prohibiting certain sales or
    10  practices in, connection with, and transactions in such
    11  beverages by licensees and others; providing for the forfeiture
    12  of certain property; making disposition of the receipts from
    13  State stores and of fees; and imposing penalties,' by further
    14  regulating advertisements allowed on and about licensed premises
    15  and increasing the quantity of malt or brewed beverages which
    16  may be sold in a single sale by certain licensees for
    17  consumption off premises," absolutely.
    18     The act, approved the twenty-eighth day of April, one
    19  thousand nine hundred forty-nine (Pamphlet Laws 769), entitled
    20  "An act to further amend the act, approved the third day of May,
    21  one thousand nine hundred thirty-three (Pamphlet Laws 252),
    22  entitled, as amended, 'An act to regulate and restrain the
    23  traffic in malt and brewed beverages, as herein defined;
    24  providing for the licensing of the manufacture, transportation,
    25  sale and distribution of such beverages; imposing license and
    26  permit fees, and providing for collection and distribution
    27  thereof; restricting ownership and interest in licensed places;
    28  permitting municipalities and townships, by vote of the
    29  electors, to prevent the licensing therein of places where such
    30  beverages may be sold for consumption on the premises, and
    19870H1000B1102                 - 259 -

     1  regulating elections for this purpose; imposing duties upon the
     2  Pennsylvania Liquor Control Board, quarter sessions courts,
     3  district attorneys, the Department of Justice, proper
     4  authorities of political subdivisions of the State, and election
     5  officers; providing penalties; and repealing existing acts,' by
     6  providing the quantity of malt or brewed beverages to be sold by
     7  any manufacturer, distributor, importing distributor, or retail
     8  dispenser; further regulating advertisements allowed on and
     9  about licensed premises," absolutely.
    10     The act, approved the second day of May, one thousand nine
    11  hundred forty-nine (Pamphlet Laws 896), entitled "An act to
    12  further amend subsection fourteen of section six hundred two of
    13  the act, approved the twenty-ninth day of November, one thousand
    14  nine hundred and thirty-three (Pamphlet Laws 15, 1933-34),
    15  entitled, as amended 'An act to regulate and restrain the sale,
    16  manufacture, possession, transportation, importation, traffic
    17  in, and use of alcohol, and alcoholic and malt or brewed
    18  beverages; conferring powers and imposing duties upon the
    19  Pennsylvania Liquor Control Board and its agents, the Department
    20  of Public Instruction, other officers of the State Government,
    21  courts, and district attorneys; authorizing the establishment
    22  and operation of State stores for the sale of such beverages not
    23  for consumption on the premises, and the granting of licenses,
    24  subject to local option, to sell such beverages for consumption
    25  on and off the premises; forbidding importation or bringing of
    26  such beverages into the State except as herein provided;
    27  prohibiting certain sales or practices in, connection with, and
    28  transactions in such beverages by licensees and others;
    29  providing for the  forfeiture of certain property; making
    30  disposition of the receipts from State stores and of fees; and
    19870H1000B1102                 - 260 -

     1  imposing penalties,' by exempting television exhibitions from
     2  provisions of the act requiring special permits," absolutely.
     3     The act, approved the ninth day of May, one thousand nine
     4  hundred forty-nine (Pamphlet Laws 964), entitled "An act to
     5  amend section one of the act, approved the twenty-fourth day of
     6  June, one thousand nine hundred thirty-nine (Pamphlet Laws 806),
     7  entitled 'An act limiting the number of licenses for the retail
     8  sale of liquor, malt or brewed beverages, or malt and brewed
     9  beverages, to be issued by the Pennsylvania Liquor Control
    10  Board; defining hotels, and prescribing the accommodations
    11  required of hotels in certain municipalities,' changing the
    12  requirements necessary for a hotel to qualify under said act,"
    13  except in so far as it shall apply to hotel licenses granted
    14  prior to September first, one thousand nine hundred forty-nine,
    15  or granted on any application made and pending prior to said
    16  date, or to any renewal or transfer of such licenses, or to
    17  hotels under construction or for which a bona fide contract had
    18  been entered into for construction prior to said date.
    19     The act, approved the twentieth day of May, one thousand nine
    20  hundred forty-nine (Pamphlet Laws 1482), entitled "An act to
    21  further amend section four hundred fifteen of the act, approved
    22  the twenty-ninth day of November, one thousand nine hundred and
    23  thirty-three (Pamphlet Laws, fifteen--one thousand nine hundred
    24  thirty-three and thirty-four), entitled, as amended 'An act to
    25  regulate and restrain the sale, manufacture, possession,
    26  transportation, importation, traffic in, and use of alcohol, and
    27  alcoholic and malt or brewed beverages; conferring powers and
    28  imposing duties upon the Pennsylvania Liquor Control Board and
    29  its agents, the Department of Public Instruction, other officers
    30  of the State government, courts, and district attorneys;
    19870H1000B1102                 - 261 -

     1  authorizing the establishment and operation of State stores for
     2  the sale of such beverages not for consumption on the premises,
     3  and the granting of licenses, subject to local option, to sell
     4  such beverages for consumption on and off the premises;
     5  forbidding importation or bringing of such beverages into the
     6  State except as herein provided; prohibiting certain sales or
     7  practices in, connection with, and transactions in such
     8  beverages by licensees and others; providing for the forfeiture
     9  of certain property; making disposition of the receipts from
    10  State stores and of fees; and imposing penalties,' by permitting
    11  holders of importers' licenses to sell liquor when in original
    12  containers of ten gallons or greater capacity to licensed
    13  manufacturers within this Commonwealth," abso