PRIOR PRINTER'S NO. 1102                      PRINTER'S NO. 1366

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

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 29, 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; PROVIDING ETHICAL       <--
    19     STANDARDS FOR THE COMMISSION AND ITS MEMBERS AND EMPLOYEES;
    20     establishing administrative officers and units for the
    21     administration and enforcement of the act; providing for the
    22     powers and duties of the Auditor General, State Treasurer,
    23     Attorney General and Pennsylvania State Police; regulating
    24     advertising; further providing for licenses, for penalties,
    25     for funding and for disposition of moneys; and transferring
    26     personnel, property and appropriations.

    27                         TABLE OF CONTENTS
    28  ARTICLE I.  PRELIMINARY PROVISIONS.

     1     Section 101.  Short Title.
     2     Section 102.  Definitions.
     3     Section 103.  Saving Clause.
     4     Section 104.  Interpretation of Act.
     5  ARTICLE II.  ALCOHOLIC BEVERAGES COMMISSION.
     6     Section 201.  Appointment of Members; Terms; Salaries.
     7     Section 202.  Qualifications of Members.
     8     Section 203.  Chairman of Commission.
     9     Section 204.  Executive Director.
    10     Section 205.  Bonds Required of Members and Executive
    11                     Director.
    12     Section 206.  Commission Subject to Administrative Code.
    13     SECTION 206.1.COMMISSION SUBJECT TO STATE ETHICS AND           <--
    14                     ADVERSE INTEREST ACTS.
    15     Section 207.  General Powers of Commission.
    16     Section 208.  Specific Subjects on Which Commission May Adopt
    17                     Regulations.
    18     Section 209.  Officers and Investigators of the Board to be
    19                     Peace Officers; Powers (Repealed).
    20     Section 210.  Restrictions on Members of the Commission and
    21                     Employes of Commonwealth.
    22     Section 211.  Enforcement.
    23     Section 212.  Office of Administrative Law Judge.
    24     Section 213.  Office of Chief Counsel.
    25     Section 214.  Bureau of Consumer Relations.
    26     Section 215.  Prohibitions.
    27     Section 216.  Management of Fees.                              <--
    28     SECTION 216.  WINE MARKETING.                                  <--
    29  ARTICLE III.  PENNSYLVANIA LIQUOR STORES.
    30     Section 301.  Commission to Establish State Liquor Stores.
    19870H1000B1366                  - 2 -

     1     Section 302.  Selection of Personnel.
     2     Section 303.  Management of Pennsylvania Liquor Stores.
     3     Section 304.  When Sales May Be Made at Pennsylvania Liquor
     4                     Stores.
     5     Section 305.  Sales by Pennsylvania Liquor Stores.
     6     Section 306.  Audits by Auditor General.
     7  ARTICLE IV.  LICENSES AND REGULATIONS; LIQUOR, ALCOHOL AND
     8                 MALT AND BREWED BEVERAGES.
     9         (A)  Liquor and Alcohol (Not Including Manufacturers).
    10     Section 401.  Authority to Issue Liquor Licenses to Hotels,
    11                     Restaurants and Clubs.
    12     Section 402.  License Districts; License Year; Hearings.
    13     Section 403.  Applications for Hotel, Restaurant and Club
    14                     Liquor Licenses.
    15     Section 404.  Issuance of Hotel, Restaurant and Club Liquor
    16                     Licenses.
    17     Section 405.  License Fees.
    18     Section 406.  Sales by Liquor Licensees; Restrictions.
    19     Section 406.1.Secondary Service Area.
    20     Section 407.  Sale of Malt or Brewed Beverages by Liquor
    21                     Licensees.
    22     Section 408.  Public Service Liquor Licenses.
    23     Section 408.1.Trade Show and Convention Licenses.
    24     Section 408.2.City-Owned Stadia.
    25     Section 408.3.Performing Arts Facilities.
    26     Section 408.4.Special Occasion Permits.
    27     Section 408.5.Licenses for City-owned Art Museums, Cities
    28                     First Class and Art Museums Maintained by
    29                     Certain Non-profit Corporations in Cities of
    30                     the Second Class.
    19870H1000B1366                  - 3 -

     1     Section 408.6.Performing Arts Facilities in Third Class
     2                     Cities.
     3     Section 408.7.Performing Arts Facilities in First and Second
     4                     Class Cities.
     5     Section 408.8.Trade Shows and Convention Licenses; Cities of
     6                     the Third Class.
     7     Section 408.9.Stadium and Restaurant Licenses in Third Class
     8                     Cities.
     9     Section 409.  Sacramental Wine Licenses; Fees; Privileges;
    10                     Restrictions.
    11     Section 410.  Liquor Importers' Licenses; Fees; Privileges;
    12                     Restrictions.
    13     Section 411.  Interlocking Business Prohibited.
    14         (B)  Malt and Brewed Beverages (Including Manufacturers).
    15     Section 431.  Malt and Brewed Beverages Manufacturers',
    16                     Distributors' and Importing Distributors'
    17                     Licenses.
    18     Section 432.  Malt and Brewed Beverages Retail Licenses.
    19     Section 433.  Public Service Licenses.
    20     Section 433.1.Stadium or Arena Permits.
    21     Section 434.  License Year.
    22     Section 435.  Filing of Applications for Distributors',
    23                     Importing Distributors' and Retail
    24                     Dispensers' Licenses; Filing Fee.
    25     Section 436.  Application for Distributors', Importing
    26                     Distributors' and Retail Dispensers'
    27                     Licenses.
    28     Section 437.  Prohibitions Against the Grant of Licenses.
    29     Section 438.  Number and Kinds of Licenses Allowed Same
    30                     Licensee.
    19870H1000B1366                  - 4 -

     1     Section 439.  Malt or Brewed Beverage License Fees.
     2     Section 440.  Sales by Manufacturers of Malt or Brewed
     3                     Beverages; Minimum Quantities.
     4     Section 441.  Distributors' and Importing Distributors'
     5                     Restrictions on Sales, Storage, Etc.
     6     Section 442.  Retail Dispensers' Restrictions on Purchases
     7                     and Sales.
     8     Section 443.  Interlocking Business Prohibited.
     9     Section 444.  Malt or Brewed Beverages Manufactured Outside
    10                     This Commonwealth.
    11     SECTION 445.  LIMITED BREWERIES.                               <--
    12         (C)  General Provisions Applying to Both Liquor and Malt
    13                 and Brewed Beverages.
    14     Section 461.  Limiting Number of Retail Licenses To Be Issued
    15                     In Each Municipality.
    16     Section 461.1.Incorporated Units of National Veterans'
    17                     Organizations.
    18     Section 462.  Licensed Places May Be Closed During Period of
    19                     Emergency.
    20     Section 463.  Places of Amusement Not To Be Licensed;
    21                     Penalty.
    22     Section 464.  Hearings Upon Refusal of Licenses, Renewals or
    23                     Transfers; Appeals.
    24     Section 465.  All Licensees to Furnish Bond.
    25     Section 466.  Disposition of Cash and Securities Upon
    26                     Forfeiture of Bond.
    27     Section 467.  Display of License.
    28     Section 468.  Licenses Not Assignable; Transfers.
    29     Section 469.  Applications for Transfers; Fees.
    30     Section 470.  Renewal of Licenses; Temporary Provisions for
    19870H1000B1366                  - 5 -

     1                     Licensees in Armed Service.
     2     Section 470.1.Renewal of Hotel Liquor Licenses; Special
     3                     Provisions (Repealed).
     4     Section 470.2.Exchange of Hotel Liquor License; Special
     5                     Provisions (Repealed).
     6     Section 471.  Revocation and Suspension of Licenses; Fines.
     7     Section 472.  Local Option.
     8     Section 472.1.Clubs.
     9     Section 472.2.Granting of Liquor Licenses in Certain
    10                     Municipalities.
    11     Section 472.3.Exchange of Certain Licenses.
    12     Section 473.  Public Record.
    13     Section 474.  Surrender of Club Licenses for Benefit of
    14                     Licensees.
    15     Section 475.  Establishments Proximate to Interstate Highways
    16                     Not To Be Licensed.
    17         (D)  Unlawful Acts; Penalties.
    18     Section 491.  Unlawful Acts Relative to Liquor, Alcohol and
    19                     Liquor Licensees.
    20     Section 492.  Unlawful Acts Relative to Malt or Brewed
    21                     Beverages and Licensees.
    22     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    23                     Brewed Beverages and Licensees.
    24     Section 494.  Penalties.
    25     Section 495.  Identification Cards; Licensees and State
    26                     Liquor Store Employes Saved From Prosecution.
    27     Section 496.  Reporting of Worthless Checks.
    28     Section 497.  Liability of Licensees.
    29     Section 498.  Unlawful Advertising.
    30  ARTICLE V.  DISTILLERIES, WINERIES, BONDED WAREHOUSES, BAILEES
    19870H1000B1366                  - 6 -

     1                 FOR HIRE AND TRANSPORTERS FOR HIRE.
     2     Section 501.  License Required.
     3     Section 502.  Exemptions.
     4     Section 502.1.Production of Denatured Ethyl Alcohol.
     5     Section 503.  Qualifications for License.
     6     Section 504.  Applications; Filing Fees.
     7     Section 505.  Licenses Issued.
     8     Section 505.1.Bonded Warehouse License Privilege
     9                     Restrictions.
    10     Section 505.2.Limited Wineries.
    11     Section 505.3.Distilleries.
    12     Section 506.  Bonds Required.
    13     Section 507.  Hearings on Licenses and Refusals.
    14     Section 508.  License Fees.
    15     Section 509.  License Must Be Posted; Business Hours.
    16     Section 510.  Containers To Be Labeled.
    17     Section 511.  License To Specify Each Place Authorized For
    18                     Use.
    19     Section 512.  Records To Be Kept.
    20     Section 513.  Premises and Records Subject To Inspection.
    21     Section 514.  Suspension and Revocation of Licenses.
    22     Section 515.  Appeals.
    23     Section 516.  Compromise Penalty In Lieu of Suspension.
    24     Section 517.  Expiration of Licenses; Renewals.
    25     Section 518.  Unlawful Acts.
    26     Section 519.  Penalties.
    27  ARTICLE VI.  PROPERTY ILLEGALLY POSSESSED OR USED; FORFEITURES;
    28                 NUISANCES.
    29         (A)  Forfeitures.
    30     Section 601.  Forfeiture of Property Illegally Possessed or
    19870H1000B1366                  - 7 -

     1                     Used.
     2     Section 602.  Forfeiture Proceedings.
     3     Section 603.  Disposition of Forfeited Property.
     4     Section 604.  Motor Vehicle Licenses To Be Revoked.
     5     Section 605.  Application of Subdivision.
     6         (B)  Nuisances.
     7     Section 611.  Nuisances; Actions To Enjoin.
     8  ARTICLE VII.  DEALING IN DISTILLERY BONDED WAREHOUSE
     9                  CERTIFICATES.
    10         (A)  Preliminary Provisions.
    11     Section 701.  Definitions and Interpretation.
    12         (B)  Permits.
    13     Section 702.  Unlawful to Act as a Distillery Certificate
    14                     Broker or to Buy or Sell Distillery Bonded
    15                     Warehouse Certificate Without a Permit.
    16     Section 703.  Authority to Issue Permits to Distillery
    17                     Certificate Brokers.
    18     Section 704.  Application for Permit; Filing Fee.
    19     Section 705.  Issuance of Permits.
    20     Section 706.  Office or Place of Business to be Maintained.
    21     Section 707.  Permit Fee; Permits Not Assignable or
    22                     Transferable; Display of Permit; Term of
    23                     Permit.
    24     Section 708.  Records to be Kept.
    25     Section 709.  Renewal of Permits.
    26     Section 710.  Permit Hearings; Appeals From Refusal of the
    27                     Commission to Issue or Renew Permits.
    28     Section 712.  Revocation and Suspension of Permit.
    29         (C)  Permittees' Registered Agents.
    30     Section 721.  Unlawful to Act as Agent or to Employ Agents
    19870H1000B1366                  - 8 -

     1                     Without Registration.
     2     Section 722.  Registered Agents.
     3     Section 723.  Registration Fee.
     4     Section 724.  Registration and Issuance of Identification
     5                     Card.
     6     Section 725.  Hearings Upon Refusal of the Commission;
     7                     Appeals.
     8     Section 726.  Revocation and Suspension of Agents'
     9                     Registrations.
    10     Section 727.  Identification Cards.
    11         (D)  Exemptions.
    12     Section 731.  Bank and Trust Companies and Other Persons.
    13     Section 732.  Distillers, Rectifiers and Importers.
    14     Section 733.  Certificates Owned Since July 24, 1939.
    15         (E)  Administration and Enforcement.
    16     Section 741.  Duties of the Commission.
    17         (F)  Fines and Penalties.
    18     Section 751.  Penalties.
    19  ARTICLE VIII.  DISPOSITION OF MONEYS COLLECTED UNDER PROVISIONS
    20                 OF ACT.
    21     Section 801.  Moneys Paid Into Liquor License Fund and
    22                     Returned to Municipalities.
    23     Section 802.  Moneys Paid Into The State Stores Fund for Use
    24                     of the Commonwealth.
    25     Section 803.  Alcohol Tax Moneys Paid Into General Fund.
    26  ARTICLE IX.  REPEALS.
    27     Section 901.  Acts and Parts of Acts Repealed.
    28     Section 902.  General Repeal Clause.
    29     The General Assembly of the Commonwealth of Pennsylvania
    30  hereby enacts as follows:
    19870H1000B1366                  - 9 -

     1     Section 1.  The title of the act of April 12, 1951 (P.L.90,
     2  No.21), known as the Liquor Code, is reenacted and amended to
     3  read:
     4                               AN ACT
     5  Relating to alcoholic liquors, alcohol and malt and brewed
     6     beverages; amending, revising, consolidating and changing the
     7     laws relating thereto; regulating and restricting the
     8     manufacture, purchase, sale, possession, consumption,
     9     importation, transportation, furnishing, holding in bond,
    10     holding in storage, traffic in and use of alcoholic liquors,
    11     alcohol and malt and brewed beverages and the persons engaged
    12     or employed therein; defining the powers and duties of the
    13     [Pennsylvania Liquor Control Board] Alcoholic Beverages
    14     Commission; providing for the establishment and operation of
    15     State liquor stores, for the payment of certain license fees
    16     to the respective municipalities and townships, for the
    17     abatement of certain nuisances and, in certain cases, for
    18     search and seizure without warrant; prescribing penalties and
    19     forfeitures; providing for local option, and repealing
    20     existing laws.
    21     Section 2.  The heading of Article I of the act is reenacted
    22  to read:
    23                             ARTICLE I.
    24                      PRELIMINARY PROVISIONS.
    25     Section 3.  Section 101 of the act is reenacted to read:
    26     Section 101.  Short Title.--This act shall be known and may
    27  be cited as the "Liquor Code."
    28     Section 4.  Section 102 of the act, amended July 10,1957
    29  (P.L.638, No.346), August 17, 1965 (P.L.346, No.182), December
    30  2, 1970 (P.L.825, No.271), October 11, 1972 (P.L.906, No.215),
    19870H1000B1366                 - 10 -

     1  December 12, 1980 (P.L.1195, No.221) and May 2, 1986 (P.L.141,
     2  No.44), is reenacted and amended to read:
     3     Section 102.  Definitions.--The following words or phrases,
     4  unless the context clearly indicates otherwise, shall have the
     5  meanings ascribed to them in this section:
     6     "Alcohol" shall mean ethyl alcohol of any degree of proof
     7  originally produced by the distillation of any fermented liquid,
     8  whether rectified or diluted with or without water, whatever may
     9  be the origin thereof, and shall include synthetic ethyl
    10  alcohol, but shall not mean or include ethyl alcohol, whether or
    11  not diluted, that has been denatured or otherwise rendered unfit
    12  for beverage purposes.
    13     "Association" shall mean a partnership, limited partnership
    14  or any form of unincorporated enterprise owned by two or more
    15  persons.
    16     ["Board" shall mean the Pennsylvania Liquor Control Board.]
    17     "Bonded warehouse" shall mean and include all places and
    18  warehouses legally established under the provisions of the acts
    19  of Congress and the administrative provisions of the internal
    20  revenue laws of the Government of the United States of America,
    21  for the storage, concentration, distribution and holding in
    22  bond, (a) of whiskey and any other potable distilled spirits,
    23  except ethyl alcohol, when used in Article VII entitled
    24  "Distillery Bonded Warehouse Certificates" and, (b) of alcohol
    25  or liquor when otherwise used.
    26     "Club" shall mean any reputable group of individuals
    27  associated together not for profit for legitimate purposes of
    28  mutual benefit, entertainment, fellowship or lawful convenience,
    29  having some primary interest and activity to which the sale of
    30  liquor or malt and brewed beverages shall be only secondary,
    19870H1000B1366                 - 11 -

     1  which, if incorporated, has been in continuous existence and
     2  operation for at least one year, and if first licensed after
     3  June sixteenth, one thousand nine hundred thirty-seven, shall
     4  have been incorporated in this Commonwealth, and, if
     5  unincorporated, for at least ten years, immediately preceding
     6  the date of its application for a license under this act, and
     7  which regularly occupies, as owner or lessee, a clubhouse or
     8  quarters for the use of its members. Continuous existence must
     9  be proven by satisfactory evidence. The [board] commission shall
    10  refuse to issue a license if it appears that the charter is not
    11  in possession of the original incorporators or their direct or
    12  legitimate successors. The club shall hold regular meetings,
    13  conduct its business through officers regularly elected, admit
    14  members by written application, investigation and ballot, and
    15  charge and collect dues from elected members, and maintain such
    16  records as the [board] commission shall from time to time
    17  prescribe, but any such club may waive or reduce in amount, or
    18  pay from its club funds, the dues of any person who was a member
    19  at the time he was inducted into the military service of the
    20  United States or was enrolled in the armed forces of the United
    21  States pursuant to any selective service act during the time of
    22  the member's actual service or enrollment. The term includes a
    23  privately-owned private golf course.
    24     "Commission" shall mean the Alcoholic Beverages Commission.
    25     "Container" shall mean and include any receptacle, vessel or
    26  form of package, tank, vat, cask, barrel, drum, keg, can, bottle
    27  or conduit used or capable of use for holding, storing,
    28  transferring or shipment of alcohol, liquor or malt or brewed
    29  beverages.
    30     "Corporation" shall mean a corporation or joint-stock
    19870H1000B1366                 - 12 -

     1  association organized under the laws of this Commonwealth, the
     2  United States, or any other state, territory, or foreign country
     3  or dependency.
     4     "Denatured alcohol" shall mean and include all alcohol or any
     5  compound thereof which by the admixture of such denaturing
     6  material or materials is rendered unfit for use as a beverage.
     7     "Denaturing plant" shall mean and include the premises of a
     8  distillery used exclusively for the denaturization of alcohol,
     9  either specially or completely, by the admixture of such
    10  denaturing materials as shall render the alcohol or any compound
    11  in which it is authorized to be used unfit for use as a
    12  beverage.
    13     "Distillery" shall mean and include any premises or plant
    14  wherein alcohol or liquor is manufactured, made and distilled
    15  from raw materials, blended or rectified, or any place wherein
    16  alcohol or liquor is produced by any method suitable for the
    17  production of alcohol. The term shall not include a "winery"
    18  where alcohol is derived from by-products of wine production by
    19  distillation for the sole purpose of adding to the fermented
    20  products to fortify the same.
    21     "Distillery Bonded Warehouse Certificate" shall mean a
    22  certificate, receipt, contract or other document given upon the
    23  storage of whiskey or any other potable distilled spirits,
    24  except ethyl alcohol, in a bonded warehouse, and evidencing the
    25  ownership of such whiskey or other potable distilled spirits.
    26     "Distillery certificate broker" shall mean and include every
    27  person who engages directly or through an agent in selling,
    28  purchasing, exchanging, offering for sale or delivery, or
    29  entering into agreements for the purchase, sale or exchange, or
    30  soliciting subscriptions to or orders for, or undertaking to
    19870H1000B1366                 - 13 -

     1  dispose of, or dealing in any manner in, distillery bonded
     2  warehouse certificates.
     3     "Distributor" shall mean any person licensed by the [board]
     4  commission to engage in the purchase only from Pennsylvania
     5  manufacturers and from importing distributors and the resale of
     6  malt or brewed beverages, except to importing distributors and
     7  distributors, in the original sealed containers as prepared for
     8  the market by the manufacturer at the place of manufacture, but
     9  not for consumption on the premises where sold, and in
    10  quantities of not  less than a case of twenty-four containers,
    11  each container holding seven fluid ounces or more, or a case of
    12  twelve containers, each container holding twenty-four fluid
    13  ounces or more, except original containers containing one
    14  hundred twenty-eight ounces or more which may be sold
    15  separately.
    16     "Eating place" shall mean a premise where food is regularly
    17  and customarily prepared and sold, having a total area of not
    18  less than three hundred square feet available to the public in
    19  one or more rooms, other than living quarters, and equipped with
    20  tables and chairs accommodating thirty persons at one time.
    21     "Enforcement bureau" shall mean the Bureau of Liquor Control
    22  Enforcement of the Pennsylvania State Police.
    23     "Golf course" shall mean a course having a minimum of nine
    24  holes and a total length of at least twenty-five hundred yards.
    25  The term includes a privately-owned private golf course.
    26     "Hotel" shall mean any reputable place operated by
    27  responsible persons of good reputation where the public may, for
    28  a consideration, obtain sleeping accommodations and meals and
    29  which, in a city, has at least ten, and in any other place at
    30  least six, permanent bedrooms for the use of guests, a public
    19870H1000B1366                 - 14 -

     1  dining room or rooms operated by the same management
     2  accommodating at least thirty persons at one time, and a
     3  kitchen, apart from the public dining room or rooms, in which
     4  food is regularly prepared for the public.
     5     "Importing distributor" shall mean any person licensed by the
     6  [board] commission to engage in the purchase from manufacturers
     7  and other persons located outside this Commonwealth and from
     8  persons licensed as manufacturers of malt or brewed beverages
     9  and importing distributors under this act, and the resale of
    10  malt or brewed beverages in the original sealed containers as
    11  prepared for the market by the manufacturer at the place of
    12  manufacture, but not for consumption on the premises where sold,
    13  and in quantities of not less than a case of twenty-four
    14  containers, each container holding seven fluid ounces or more,
    15  or a case of twelve containers, each container holding twenty-
    16  four fluid ounces or more, except original containers containing
    17  one hundred twenty-eight ounces or more which may be sold
    18  separately.
    19     "Limited Winery" shall mean a winery with a maximum output of
    20  one hundred thousand (100,000) gallons per year.
    21     "Liquor" shall mean and include any alcoholic, spirituous,
    22  vinous, fermented or other alcoholic beverage, or combination of
    23  liquors and mixed liquor a part of which is spirituous, vinous,
    24  fermented or otherwise alcoholic, including all drinks or
    25  drinkable liquids, preparations or mixtures, and reused,
    26  recovered or redistilled denatured alcohol usable or taxable for
    27  beverage purposes which contain more than one-half of one per
    28  cent of alcohol by volume, except pure ethyl alcohol and malt or
    29  brewed beverages.
    30     "Malt or Brewed Beverages" means any beer, lager beer, ale,
    19870H1000B1366                 - 15 -

     1  porter or similar fermented malt beverage containing one-half of
     2  one per centum or more of alcohol by volume, by whatever name
     3  such beverage may be called.
     4     "Manufacture", when the term is applied to malt or brewed
     5  beverages, shall mean and include all means, methods and
     6  processes used, employed and made use of, to produce, make and
     7  manufacture for commercial purposes, malt or brewed beverages
     8  from raw materials; when applied otherwise, it shall mean and
     9  include all means, methods and processes used, employed and made
    10  use of, to produce and make alcohol or liquor from raw
    11  materials, and shall mean and include rectification and blending
    12  of alcohol and liquor, the production, recovery or reuse of
    13  alcohol in the making, developing, using in the process of
    14  manufacture, denaturing, redistilling or recovering of any
    15  alcohol or liquor in distilleries, denaturing plants and
    16  wineries.
    17     "Manufacturer" shall mean any person, association or
    18  corporation engaged in the producing, manufacturing, distilling,
    19  rectifying or compounding of liquor, alcohol or malt or brewed
    20  beverages in this Commonwealth or elsewhere.
    21     "Manufacturer of malt or brewed beverages" shall mean any
    22  person holding a license issued by the [board] commission to
    23  engage in the manufacture, transportation and sale of malt or
    24  brewed beverages; also, any person engaged in the legal
    25  manufacture of malt or brewed beverages within the territorial
    26  limits of the United States, outside the Commonwealth of
    27  Pennsylvania.
    28     "Municipality" shall mean any city, borough, incorporated
    29  town, or township of this Commonwealth.
    30     "Original container" shall mean all bottles, casks, kegs or
    19870H1000B1366                 - 16 -

     1  other suitable containers that have been securely capped, sealed
     2  or corked by the manufacturer  of malt or brewed beverages at
     3  the place of manufacture, with the name and address of the
     4  manufacturer of the malt or brewed beverages contained or to be
     5  contained therein permanently affixed to the bottle, cask, keg
     6  or other container, or in the case of a bottle or can, to the
     7  cap or cork used in sealing the same or to a label securely
     8  affixed to a bottle or can.
     9     "Package" shall mean any container or containers or
    10  receptacle or receptacles used for holding liquor or alcohol as
    11  marketed by the manufacturer.
    12     "Performing arts facilities" shall mean those halls or
    13  theaters in which live musical, concert, dance, ballet and
    14  legitimate play book-length productions are performed.
    15  Performing arts facilities shall not mean those halls or
    16  theaters in which burlesque shows or reviews are performed.
    17     "Person" shall mean a natural person, association or
    18  corporation. Whenever used in a clause prescribing or imposing a
    19  fine or imprisonment or both,the term "person", as applied to
    20  "association", shall mean the partners or members thereof, and
    21  as applied to "corporation", shall mean the officers thereof,
    22  except, as to incorporated clubs, the term "person" shall mean
    23  such individual  or individuals who, under the by-laws of such
    24  club, shall have jurisdiction over the possession and sale of
    25  liquor therein.
    26     "Population" shall mean the number of inhabitants as
    27  determined by the last preceding decennial census of the United
    28  States, or by any other census subsequently taken by the census
    29  bureau of the United States and so certified by it: Provided,
    30  however, That such other census shall not be a basis for the
    19870H1000B1366                 - 17 -

     1  fixing of license fees as provided in article IV. sections 405
     2  and 439.
     3     "Potable distilled spirits" shall mean and include any
     4  distillate from grains, wine, fruits, vegetables or molasses,
     5  except ethyl alcohol, capable of being used for beverage
     6  purposes.
     7     "Regulation" shall mean any regulation prescribed by the
     8  [board] commission for carrying out the provisions of this act.
     9     "Restaurant" shall mean a reputable place operated by
    10  responsible persons of good reputation and habitually and
    11  principally used for the purpose of providing food for the
    12  public, the place to have an area within a building of not less
    13  than four hundred square feet, equipped with tables and chairs
    14  accommodating at least thirty persons at one time.
    15     "Retail dispenser" shall mean any person licensed to engage
    16  in the retail sale of malt or brewed beverages for consumption
    17  on the premises of such licensee, with the privilege of selling
    18  malt or brewed beverages in quantities not in excess of one
    19  hundred forty-four fluid ounces in a single sale to one person,
    20  to be carried from the premises by the purchaser thereof.
    21     "Sale" or "Sell" shall include any transfer of liquor,
    22  alcohol or malt or brewed beverages for a consideration.
    23     "Whiskey" shall mean and include any alcoholic distillate
    24  from a fermented mash of grain, capable of being used for
    25  beverage purposes.
    26     "Winery" shall mean and include any premises and plants where
    27  any alcohol or liquor is produced by the process by which wine
    28  is produced, or premises and plants wherein liquid such as wine
    29  is produced; and shall include the manufacture by distillation
    30  of alcohol from the by-products of wine fermentation when the
    19870H1000B1366                 - 18 -

     1  alcohol so derived is used solely to fortify the fermented
     2  products, under such regulations as are or may be promulgated by
     3  the proper agency of the United States Government, and such
     4  alcohol, for that purpose only, may be sold or exchanged between
     5  wineries holding permits in this Commonwealth, without
     6  restriction.
     7     Section 5.  Section 103 of the act is reenacted to read:
     8     Section 103.  Saving Clause.--The provisions of this act, so
     9  far as they are the same as those of existing laws, are intended
    10  as a continuation of such laws and not as new enactments. The
    11  repeal by this act of any act of Assembly or part thereof shall
    12  not revive any act or part thereof heretofore repealed or
    13  superseded. The provisions of this act shall not affect any act
    14  done, liability incurred or right accrued or vested, or affect
    15  any suit or prosecution pending or to be instituted to enforce
    16  any right or penalty or punish any offense under the authority
    17  of such repeal laws. All regulations and rules made and all
    18  licenses and permits issued pursuant to any act repealed by this
    19  act shall continue with the same force and effect as if such act
    20  had not been repealed.
    21     Section 6.  Section 104 of the act is reenacted and amended
    22  to read:
    23     Section 104.  Interpretation of Act.--(a)  This act shall be
    24  deemed an exercise of the police power of the Commonwealth for
    25  the protection of the public welfare, health, peace and morals
    26  of the people of the Commonwealth and to prohibit forever the
    27  open saloon, and all of the provisions of this act shall be
    28  liberally construed for the accomplishment of this purpose.
    29     (b)  The provisions of this act are severable and if any of
    30  its provisions shall be held unconstitutional the decision of
    19870H1000B1366                 - 19 -

     1  the court shall not affect or impair any of the remaining
     2  provisions of this act. It is hereby declared to be the
     3  legislative intent that this act would have been adopted had
     4  such unconstitutional provisions not been included herein.
     5     (c)  Except as otherwise expressly provided, the purpose of
     6  this act is to prohibit the manufacture of and transactions in
     7  liquor, alcohol and malt or brewed beverages which take place in
     8  this Commonwealth, except by and under the control of the
     9  [board] commission as herein specifically provided, and every
    10  section and provision of the act shall be construed accordingly.
    11  The provisions of this act dealing with the manufacture,
    12  importation, sale and disposition of liquor, alcohol and malt or
    13  brewed beverages within the Commonwealth through the
    14  instrumentality of the [board] commission and otherwise, provide
    15  the means by which such control shall be made effective. This
    16  act shall not be construed as forbidding, affecting or
    17  regulating any transaction which is not subject to the
    18  legislative authority of this Commonwealth.
    19     (d)  Any reference in this act to the provisions of law on
    20  any subject shall apply to statutes becoming effective after the
    21  effective date of this act as well as to those then in
    22  existence.
    23     (e)  Section headings shall not be taken to govern or limit
    24  the scope of the sections of this act. The singular shall
    25  include the plural and the masculine shall include the feminine
    26  and the neuter.
    27     Section 7.  The heading of Article II of the act is reenacted
    28  and amended to read:
    29                            ARTICLE II.
    30                [PENNSYLVANIA LIQUOR CONTROL BOARD]
    19870H1000B1366                 - 20 -

     1                  ALCOHOLIC BEVERAGES COMMISSION.
     2     Section 8.  Section 201 of the act, amended November 23, 1976
     3  (P.L.1123, No.235), is reenacted and amended to read:
     4     Section 201.  Appointment of Members; Terms; Salaries.--An
     5  independent administrative [board] commission to be known as the
     6  "[Pennsylvania Liquor Control Board] Alcoholic Beverages
     7  Commission" is hereby created. The [board] commission shall
     8  consist of three members to be appointed by the Governor by and
     9  with the advice and consent of [two-thirds] a majority of all
    10  the members of the Senate. Of the [original] members first
    11  appointed after the effective date of this amendatory act, one
    12  shall be appointed for a term of two years, one for a term of
    13  four years, and one for a term of six years [from the date of
    14  his appointment and until his successor shall have been
    15  appointed and qualified]. Thereafter, all appointments shall be
    16  for terms of six years [or until successors are appointed and
    17  qualified]. No member upon the expiration of his term shall
    18  continue to hold office until his successor shall be duly
    19  appointed or shall be qualified. Each of the members shall
    20  receive an annual salary of [twenty-four thousand dollars
    21  ($24,000)] fifty thousand dollars ($50,000), except the           <--
    22  chairman, who shall receive an annual salary of [twenty-five      <--
    23  thousand dollars ($25,000)] fifty-two thousand dollars ($52,000)  <--
    24  THIRTY-FIVE THOUSAND DOLLARS ($35,000).                           <--
    25     Section 9.  Sections 202, 203, 204, 205 and 206 of the act
    26  are reenacted and amended to read:
    27     Section 202.  Qualifications of Members.--(a)  Each member of
    28  the [board] commission at the time of his appointment and
    29  qualification shall be a citizen of the United States and a
    30  resident of the Commonwealth of Pennsylvania, shall have been a
    19870H1000B1366                 - 21 -

     1  qualified elector in the Commonwealth for a period of at least
     2  one year next preceding his appointment, and shall be not less
     3  than [thirty] TWENTY-ONE years of age.                            <--
     4     (b)  No member of the [board] commission during his period of
     5  service as such shall hold any other office under the laws of
     6  this Commonwealth or of the United States.
     7     (c)  Commission members shall devote full time to their
     8  official duties. No commission member shall hold any office or
     9  position the duties of which are incompatible with his
    10  commission duties or be engaged in any employment or vocation
    11  for which he receives any remuneration.
    12     Section 203.  Chairman of [Board] Commission.--[The board
    13  shall elect one of its members as  chairmen] (a)  The Governor
    14  shall designate one of the commission members as chairman who
    15  shall serve in that position at the pleasure of the Governor.
    16  The chairman shall, when present, preside at all meetings, and
    17  in his absence a member designated by the chairman shall
    18  preside.
    19     (b)  Two members of the [board] commission shall constitute a
    20  quorum, and any action or order  of the [board] commission shall
    21  require the approval of at least two members.
    22     Section 204.  [Secretary of Board.--The board may appoint a
    23  secretary to hold office at its pleasure. The secretary, if
    24  appointed, shall have such powers and shall perform such duties
    25  not contrary to law as the board shall prescribe, and shall
    26  receive such compensation as the board, with the approval of the
    27  Governor, shall determine. The secretary shall have power and
    28  authority to designate, from time to time, one of the clerks
    29  appointed by the board to perform the duties of the secretary
    30  during his absence and the clerk so appointed shall exercise,
    19870H1000B1366                 - 22 -

     1  for the time so designated, the powers of the secretary of the
     2  board.] Executive Director.--The commission shall appoint an
     3  executive director and professional management personnel,
     4  including bureau directors, as necessary. Salaries of the         <--
     5  executive director and THE SALARY OF THE EXECUTIVE DIRECTOR       <--
     6  SHALL BE THIRTY-FOUR THOUSAND DOLLARS ($34,000) ANNUALLY AND THE
     7  SALARIES OF THE OTHER professional personnel shall be set by the
     8  commission, with the approval of the Governor. The executive
     9  director shall be responsible for managing the daily operations
    10  of the commission and shall have such powers and perform such
    11  duties not contrary to law as are necessary to implement
    12  decisions and policies made and established by vote of a
    13  majority of the commission.
    14     Section 205.  Bonds Required of Members and [Secretary]
    15  Executive Director.--Before entering upon the duties of their
    16  respective offices or positions, each member of the [board]
    17  commission and the [secretary] executive director shall execute
    18  and file with the State Treasurer a bond in such penal sum as
    19  shall be fixed by the Executive Board of this Commonwealth upon
    20  recommendation of the Governor, but the amount of any such bond
    21  shall not be less than ten thousand dollars ($10,000). Bonds in
    22  such penal sums as shall be fixed by the Executive Board
    23  likewise shall be executed and filed with the State Treasurer by
    24  such employes of the [Pennsylvania Liquor Control Board]
    25  commission as the head of such [board] commission shall, with
    26  the approval of the Executive Board, prescribe. Such bonds shall
    27  be payable to the Commonwealth of Pennsylvania and shall be
    28  conditioned for the faithful performance of the members',
    29  [secretary's] executive director's or employes' duties imposed
    30  by law or by lawful authority and that the person bonded will
    19870H1000B1366                 - 23 -

     1  not knowingly violate the provisions of this act. All bonds
     2  required to be given under this section shall, before being
     3  accepted by the State Treasurer, be approved by the [Department
     4  of Justice] Attorney General, and unless the Commonwealth shall
     5  establish its own indemnity fund, all such bonds shall be given
     6  with security approved by the [Department of Justice] Attorney
     7  General. If the Commonwealth shall establish its own indemnity
     8  fund, the Executive Board may, nevertheless, require any bond
     9  given hereunder to be executed by a surety or sureties
    10  satisfactory to the [Department of Justice] Attorney General.
    11  The cost of such bonds required to be executed by a surety or
    12  sureties shall be borne by the [board] commission as part of its
    13  operating expense.
    14     Section 206.  [Board] Commission Subject to Administrative
    15  Code.--Except as otherwise expressly provided by law, the
    16  [board] commission shall be subject to all the provisions of The
    17  Administrative Code of one thousand nine hundred twenty-nine, as
    18  amended, which apply generally to independent administrative
    19  boards and commissions.
    20     SECTION 9.1.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:  <--
    21     SECTION 206.1.  COMMISSION SUBJECT TO STATE ETHICS AND
    22  ADVERSE INTEREST ACTS.--(A)  EXCEPT TO THE EXTENT THAT THE
    23  PENALTIES PROVIDED IN SECTION 210 OF THIS ACT FOR VIOLATIONS ARE
    24  MORE STRINGENT, THE COMMISSION, ITS MEMBERS AND ALL OF ITS
    25  EMPLOYES SHALL BE SUBJECT TO THE ACT OF OCTOBER 4, 1978
    26  (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL AND
    27  EMPLOYEE ETHICS LAW, AND THE ACT OF JULY 19, 1957 (P.L.1017,
    28  NO.451), KNOWN AS THE "STATE ADVERSE INTEREST ACT."
    29     (B)  MEMBERSHIP ON THE COMMISSION AND EMPLOYMENT OR CONTINUED
    30  EMPLOYMENT AS AN EMPLOYE OF THE COMMISSION IS CONDITIONED UPON
    19870H1000B1366                 - 24 -

     1  COMPLIANCE WITH ALL OF THE PROVISIONS OF THE ACTS SPECIFIED IN
     2  SUBSECTION (A), INCLUDING, BUT NOT LIMITED TO, THE FILING OF
     3  STATEMENTS OF FINANCIAL INTERESTS REQUIRED BY SECTION 5 OF THE
     4  "PUBLIC OFFICIAL AND EMPLOYEE ETHICS LAW." ACCEPTANCE OR
     5  RETENTION OF EMPLOYMENT SHALL BE DEEMED AS VOLUNTARY CONSENT TO
     6  SUBMIT TO THE FINANCIAL REPORTING REQUIREMENTS OF THE "PUBLIC
     7  OFFICIAL AND EMPLOYEE ETHICS LAW" AS A CONDITION OF EMPLOYMENT.
     8  FAILURE TO TIMELY COMPLY WITH THE REQUIREMENTS SHALL RESULT IN
     9  IMMEDIATE TERMINATION OF EMPLOYMENT.
    10     Section 10.  Section 207 of the act, amended May 25, 1956
    11  (1955 P.L.1743,No.583), January 13, 1966 (1965 P.L.1301,
    12  No.518), June 17, 1971 (P.L.180, No.22) and July 27, 1973
    13  (P.L.247, No.70), is reenacted and amended to read:
    14     Section 207.  General Powers of [Board] Commission.--Under
    15  this act, the [board] commission shall have the power and its
    16  duty shall be:
    17     (a)  To buy, import or have in its possession for sale, and
    18  sell liquor and alcohol in the manner set forth in this act:
    19  Provided, however, That all purchases shall be made subject to
    20  the approval of the State Treasurer, or his designated deputy.
    21  The commission shall buy liquor and alcohol at the lowest price
    22  and in the greatest variety reasonably obtainable.
    23     (b)  To control the manufacture, possession, sale,
    24  consumption, importation, use, storage, transportation and
    25  delivery of liquor, alcohol and malt or brewed beverages in
    26  accordance with the provisions of this act, and to fix the
    27  wholesale and retail prices at which liquors and alcohol shall
    28  be sold at Pennsylvania Liquor Stores[: Provided, That in fixing
    29  the sale prices, the board shall not give any preference or make
    30  any discrimination as to classes, brands or otherwise, except to
    19870H1000B1366                 - 25 -

     1  the extent and for the length of time necessary to sell such
     2  classes or brands in compliance with any Federal action freezing
     3  or otherwise controlling the price of said classes or brands, or
     4  except where special sales are deemed necessary to move
     5  unsaleable merchandise, or except where the addition of a
     6  service or handling charge to the fixed sales price of any
     7  merchandise in the same comparable price bracket, regardless of
     8  class, brand or otherwise, is, in the opinion of the board,
     9  required for the efficient operation of the State store system].
    10  Prices shall be proportional with prices paid by the commission
    11  to its suppliers and shall reflect any advantage obtained
    12  through volume purchases by the commission. THE COMMISSION MAY    <--
    13  ESTABLISH A PREFERENTIAL PRICE STRUCTURE FOR WINES PRODUCED
    14  WITHIN THIS COMMONWEALTH FOR THE PROMOTION OF SUCH WINES, AS
    15  LONG AS THE PRICE STRUCTURE IS UNIFORM WITHIN EACH CLASS OF WINE
    16  PURCHASED BY THE COMMISSION. The [board] commission shall
    17  require each Pennsylvania manufacturer and each nonresident
    18  manufacturer of liquors, other than wine, selling such liquors
    19  to the [board] commission, which are not manufactured in this
    20  Commonwealth, to make application for and be granted a permit by
    21  the [board] commission before such liquors not manufactured in
    22  this Commonwealth shall be purchased from such manufacturer.
    23  Each such manufacturer shall pay for such permit a fee which, in
    24  the case of a manufacturer of this Commonwealth, shall be equal
    25  to that required to be paid, if any, by a manufacturer or
    26  wholesaler of the state, territory or country of origin of the
    27  liquors, for selling liquors manufactured in Pennsylvania, and
    28  in the case of a nonresident manufacturer, shall be equal to
    29  that required to be paid, if any, in such state, territory or
    30  country by Pennsylvania manufacturers doing business in such
    19870H1000B1366                 - 26 -

     1  state, territory or country. In the event that any such
     2  manufacturer shall, in the opinion of the [board] commission,
     3  sell or attempt to sell liquors to the [board] commission
     4  through another person for the purpose of evading this provision
     5  relating to permits, the [board] commission shall require such
     6  person, before purchasing liquors from him or it, to take out a
     7  permit and pay the same fee as hereinbefore required to be paid
     8  by such manufacturer. All permit fees so collected shall be paid
     9  into The State Stores Fund. The [board] commission shall not
    10  purchase any alcohol or liquor fermented, distilled, rectified,
    11  compounded or bottled in any state, territory or country, the
    12  laws of which result in prohibiting the importation therein of
    13  alcohol or liquor, fermented, distilled, rectified, compounded
    14  or bottled in 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.
    19870H1000B1366                 - 27 -

     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
    19870H1000B1366                 - 28 -

     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
    19870H1000B1366                 - 29 -

     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 OR A MEMBER OF THE IMMEDIATE    <--
    22  FAMILY OF A MEMBER OR EMPLOYE OF THE COMMISSION shall not be
    23  directly or indirectly interested or engaged in any other
    24  business or undertaking dealing in liquor, alcohol, or malt or
    25  brewed beverages, whether as owner, part owner, partner, member
    26  of syndicate, shareholder, agent or employe, and whether for his
    27  own benefit or in a fiduciary capacity for some other person.
    28     (b)  No member or employe of the [board] commission OR A       <--
    29  MEMBER OF THE IMMEDIATE FAMILY OF A MEMBER OR EMPLOYE OF THE
    30  COMMISSION nor any employe of the Commonwealth shall solicit or
    19870H1000B1366                 - 30 -

     1  receive, directly or indirectly, any commission, remuneration or
     2  gift whatsoever, from any person having sold, selling or
     3  offering liquor or alcohol for sale to the [board] commission
     4  for use in Pennsylvania Liquor Stores.
     5     (C)  NO PERSON CONVICTED OF AN INFAMOUS CRIME MAY BE EMPLOYED  <--
     6  AS A MEMBER OR EMPLOYE BY THE COMMISSION.
     7     (D)  NO MEMBER OR EMPLOYE OF THE COMMISSION MAY USE HIS
     8  POSITION WITH THE COMMISSION, OR ANY CONFIDENTIAL INFORMATION
     9  RECEIVED THROUGH HIS POSITION WITH THE COMMISSION, TO OBTAIN
    10  FINANCIAL GAIN, OTHER THAN COMPENSATION PROVIDED BY LAW, FOR
    11  HIMSELF, A MEMBER OF HIS IMMEDIATE FAMILY OR A BUSINESS WITH
    12  WHICH HE IS ASSOCIATED.
    13     (E)  NO PERSON MAY OFFER OR GIVE TO A MEMBER OR EMPLOYE OF
    14  THE COMMISSION OR A MEMBER OF HIS IMMEDIATE FAMILY OR A BUSINESS
    15  WITH WHICH HE IS ASSOCIATED, AND NO MEMBER OR EMPLOYE OF THE
    16  COMMISSION MAY SOLICIT OR ACCEPT ANYTHING OF VALUE, INCLUDING A
    17  GIFT, LOAN, POLITICAL CONTRIBUTION, REWARD OR PROMISE OF FUTURE
    18  EMPLOYMENT, BASED ON AN UNDERSTANDING THAT THE VOTE, OFFICIAL
    19  ACTION OR JUDGMENT OF THE MEMBER OR EMPLOYE OF THE COMMISSION
    20  WOULD BE INFLUENCED THEREBY.
    21     (F)  NO MEMBER OR EMPLOYE OF THE COMMISSION OR A MEMBER OF
    22  HIS IMMEDIATE FAMILY OR ANY BUSINESS IN WHICH THE MEMBER OR
    23  EMPLOYE OR A MEMBER OF HIS IMMEDIATE FAMILY IS A DIRECTOR,
    24  OFFICER OR OWNER OR HOLDER OF STOCK EXCEEDING FIVE PERCENT (5%)
    25  OF THE EQUITY AT FAIR MARKET VALUE OF THE BUSINESS MAY ENTER
    26  INTO ANY CONTRACT VALUED AT FIVE HUNDRED DOLLARS ($500) OR MORE
    27  TO PROVIDE GOODS OR SERVICES TO THE COMMISSION UNLESS THE
    28  CONTRACT HAS BEEN AWARDED TO THE LOWEST RESPONSIBLE BIDDER
    29  THROUGH AN OPEN AND PUBLIC PROCESS, INCLUDING PRIOR PUBLIC
    30  NOTICE AND SUBSEQUENT PUBLIC DISCLOSURE OF ALL PROPOSALS
    19870H1000B1366                 - 31 -

     1  CONSIDERED AND CONTRACTS AWARDED.
     2     (G)  NO FORMER MEMBER OR EMPLOYE OF THE COMMISSION MAY
     3  REPRESENT A PERSON, WITH OR WITHOUT COMPENSATION, ON ANY MATTER
     4  BEFORE THE COMMISSION FOR ONE YEAR AFTER LEAVING THE COMMISSION.
     5     (H)  A PUBLIC OFFICER OR PUBLIC OFFICIAL OR A PARTY OFFICER
     6  OR MEMBER OF THE IMMEDIATE FAMILY OF SUCH INDIVIDUALS, OR A
     7  BUSINESS WITH WHICH SUCH INDIVIDUALS OR MEMBERS OF THEIR
     8  IMMEDIATE FAMILIES ARE ASSOCIATED, MUST NOT HAVE A FINANCIAL
     9  INTEREST IN ANY CONTRACT VALUED AT FIVE HUNDRED DOLLARS ($500)
    10  OR MORE TO PROVIDE GOODS OR SERVICES TO THE COMMISSION EITHER
    11  DURING THE TIME THE PERSON HOLDS SUCH OFFICE, OR FOR TWO YEARS
    12  AFTER THE PERSON TERMINATES SUCH OFFICE, UNLESS THE CONTRACT IS
    13  EXECUTED PURSUANT TO THE PROVISIONS OF SUBSECTION (F). FOR
    14  PURPOSES OF THIS SUBSECTION, THE TERM "FINANCIAL INTEREST" SHALL
    15  NOT INCLUDE EMPLOYMENT BY, ASSOCIATION WITH OR OWNERSHIP OF A
    16  BUSINESS ASSOCIATION UNLESS THE PUBLIC OFFICER, PUBLIC OFFICIAL,
    17  PARTY OFFICER OR MEMBER OF THE IMMEDIATE FAMILY OR THE
    18  INDIVIDUAL OWNS SHARES OF STOCK IN THE CORPORATION IN AN AMOUNT
    19  IN EXCESS OF FIVE PERCENT (5%) OF THE TOTAL ISSUE FOR THE STOCK
    20  OF THE CORPORATION, OR HAS AN OWNERSHIP INTEREST IN A
    21  NONCORPORATE BUSINESS ASSOCIATION IN AN AMOUNT IN EXCESS OF FIVE
    22  PERCENT (5%) OF THE TOTAL OWNERSHIP OF THE NONCORPORATE BUSINESS
    23  ASSOCIATION.
    24     (I)  NO MEMBER OR EMPLOYE OF THE COMMISSION OR AN ADVISOR OR
    25  CONSULTANT THERETO HAVING RECOMMENDED TO THE COMMISSION EITHER
    26  THE MAKING OF A CONTRACT OR A COURSE OF ACTION OF WHICH THE
    27  MAKING OF A CONTRACT IS AN EXPRESS OR IMPLIED PART, MAY, AT ANY
    28  TIME THEREAFTER, HAVE AN ADVERSE INTEREST IN THAT CONTRACT.
    29     (J)  NO MEMBER OR EMPLOYE OF THE COMMISSION OR ANY OFFICER OR
    30  EMPLOYE OF THE COMMONWEALTH OR ANY OF ITS POLITICAL SUBDIVISIONS
    19870H1000B1366                 - 32 -

     1  MAY INFLUENCE OR ATTEMPT TO INFLUENCE THE MAKING OF, OR
     2  SUPERVISE OR DEAL WITH, A CONTRACT WITH THE COMMISSION IN WHICH
     3  HE HAS AN ADVERSE INTEREST.
     4     (K)  NO MEMBER OR EMPLOYE OF THE COMMISSION MAY HAVE AN
     5  ADVERSE INTEREST IN A CONTRACT WITH THE COMMISSION.
     6     (L)  NO PERSON HAVING AN ADVERSE INTEREST IN A CONTRACT WITH
     7  THE COMMISSION MAY BECOME AN EMPLOYE OF THE COMMISSION UNTIL THE
     8  ADVERSE INTEREST HAS BEEN WHOLLY DIVESTED.
     9     (M)  NO MEMBER OR EMPLOYE OF THE COMMISSION OR ANY OFFICER OR
    10  EMPLOYE OF THE COMMONWEALTH OR A POLITICAL SUBDIVISION, EXCEPT
    11  IN THE PERFORMANCE OF HIS DUTIES AS SUCH EMPLOYE, MAY, FOR
    12  REMUNERATION, DIRECTLY OR INDIRECTLY, REPRESENT A PERSON UPON A
    13  MATTER PENDING BEFORE THE COMMISSION.
    14     (N)  (1)  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
    15  SECTION SHALL HAVE HIS EMPLOYMENT BY THE COMMISSION IMMEDIATELY
    16  TERMINATED BY THE APPROPRIATE PERSON HAVING THE POWER TO
    17  TERMINATE AND SHALL BE LIABLE TO THE COMMISSION TO REIMBURSE THE
    18  COMMISSION FOR ALL COMPENSATION RECEIVED BY HIM FROM THE
    19  COMMISSION WHILE EMPLOYED IN VIOLATION OF SUBSECTION (C).
    20     (2)  ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTIONS
    21  (B), (D) OR (E) SHALL BE GUILTY OF A FELONY AND, UPON CONVICTION
    22  THEREOF, SHALL BE SENTENCED TO PAY A FINE OF NOT MORE THAN TEN
    23  THOUSAND DOLLARS ($10,000) OR TO UNDERGO IMPRISONMENT FOR NOT
    24  MORE THAN FIVE (5) YEARS, OR BOTH.
    25     (3)  ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTIONS
    26  (A) OR (F) THROUGH (M) SHALL BE GUILTY OF A MISDEMEANOR AND,
    27  UPON CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE OF NOT
    28  MORE THAN ONE THOUSAND DOLLARS ($1,000) OR TO UNDERGO
    29  IMPRISONMENT FOR NOT MORE THAN ONE (1) YEAR, OR BOTH.
    30     (4)  ANY PERSON WHO OBTAINS FINANCIAL GAIN FROM VIOLATING ANY
    19870H1000B1366                 - 33 -

     1  PROVISIONS OF THIS SECTION, IN ADDITION TO ANY OTHER PENALTY
     2  PROVIDED BY LAW, SHALL PAY INTO THE ACCOUNTS OF THE COMMISSION A
     3  SUM OF MONEY EQUAL TO THREE (3) TIMES THE FINANCIAL GAIN
     4  RESULTING FROM THE VIOLATION.
     5     (5)  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION
     6  SHALL BE BARRED FOR A PERIOD OF FIVE (5) YEARS FROM ENGAGING IN
     7  ANY BUSINESS OR CONTRACT WITH THE COMMISSION, THE COMMONWEALTH
     8  OR A POLITICAL SUBDIVISION.
     9     (6)  ANY EMPLOYE OF THE COMMONWEALTH OR A POLITICAL
    10  SUBDIVISION OR ANY PUBLIC OFFICER OR PUBLIC OFFICIAL WHO
    11  VIOLATES ANY OF THE PROVISIONS OF THIS SECTION SHALL
    12  AUTOMATICALLY FORFEIT THE OFFICE OR EMPLOYMENT.
    13     (7)  THE PENALTIES AND SANCTIONS PROVIDED BY THIS SUBSECTION
    14  SHALL SUPERSEDE ANY SIMILAR PENALTIES AND SANCTIONS PROVIDED BY
    15  THE ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS THE "STATE
    16  ADVERSE INTEREST ACT," AND THE ACT OF OCTOBER 4, 1978 (P.L.883,
    17  NO.170), REFERRED TO AS THE PUBLIC OFFICIAL AND EMPLOYEE ETHICS
    18  LAW.
    19     (O)  AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
    20  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
    21     "BUSINESS" SHALL MEAN A CORPORATION, PARTNERSHIP, SOLE
    22  PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION,
    23  ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT-
    24  STOCK COMPANY, RECEIVERSHIP, TRUST OR LEGAL ENTITY ORGANIZED FOR
    25  PROFIT OR AS A NOT-FOR-PROFIT CORPORATION OR ORGANIZATION.
    26     "IMMEDIATE FAMILY" SHALL MEAN A PARENT, SPOUSE, CHILD,
    27  BROTHER, SISTER OR LIKE RELATIVE-IN-LAW.
    28     "INFAMOUS CRIME" SHALL MEAN A VIOLATION AND CONVICTION FOR AN
    29  OFFENSE WHICH WOULD DISQUALIFY AN INDIVIDUAL FROM HOLDING PUBLIC
    30  OFFICE PURSUANT TO SECTION 6 OF ARTICLE II OF THE CONSTITUTION
    19870H1000B1366                 - 34 -

     1  OF PENNSYLVANIA; A CONVICTION FOR A VIOLATION OF THIS SECTION OR
     2  OF 18 PA.C.S. § 4113 (RELATING TO MISAPPLICATION OF ENTRUSTED
     3  PROPERTY AND PROPERTY OF GOVERNMENT OR FINANCIAL INSTITUTIONS),
     4  CH. 47 (RELATING TO BRIBERY AND CORRUPT INFLUENCE), CH. 49
     5  (RELATING TO FALSIFICATION AND INTIMIDATION), CH. 51 (RELATING
     6  TO OBSTRUCTING GOVERNMENTAL OPERATIONS) OR CH. 53 (RELATING TO
     7  ABUSE OF OFFICE); OR A VIOLATION OF THE LAWS OF THIS
     8  COMMONWEALTH OR ANOTHER STATE OR THE FEDERAL GOVERNMENT FOR
     9  WHICH AN INDIVIDUAL HAS BEEN CONVICTED WITHIN THE PRECEDING TEN
    10  (10) YEARS AND WHICH IS CLASSIFIED AS A FELONY.
    11     "PARTY OFFICER" SHALL MEAN ANY OF THE FOLLOWING MEMBERS OR
    12  OFFICERS OF A POLITICAL PARTY: A MEMBER OF A NATIONAL COMMITTEE;
    13  A CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER OR COUNSEL OF A
    14  STATE COMMITTEE OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE
    15  COMMITTEE; A COUNTY CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY
    16  OR TREASURER OF A COUNTY COMMITTEE; OR A CITY CHAIRMAN, VICE
    17  CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A CITY COMMITTEE.
    18     "PUBLIC OFFICER" SHALL MEAN A PERSON ELECTED TO A PUBLIC
    19  OFFICE OF THE COMMONWEALTH OR A POLITICAL SUBDIVISION.
    20     "PUBLIC OFFICIAL" SHALL MEAN AN ELECTED OR APPOINTED OFFICIAL
    21  IN THE EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF THE
    22  COMMONWEALTH OR A POLITICAL SUBDIVISION. THE TERM DOES NOT
    23  INCLUDE MEMBERS OF ADVISORY BOARDS THAT HAVE NO AUTHORITY TO
    24  EXPEND PUBLIC FUNDS OTHER THAN REIMBURSEMENT FOR PERSONAL
    25  EXPENSE OR TO OTHERWISE EXERCISE THE POWER OF THE COMMONWEALTH
    26  OR A POLITICAL SUBDIVISION. THE TERM DOES NOT INCLUDE AN
    27  APPOINTED OFFICIAL WHO RECEIVES NO COMPENSATION OTHER THAN
    28  REIMBURSEMENT FOR ACTUAL EXPENSES.
    29     Section 14.  The act is amended by adding sections to read:
    30     Section 211.  Enforcement.--(a)  There is created within the
    19870H1000B1366                 - 35 -

     1  Pennsylvania State Police a Bureau of Liquor Control Enforcement
     2  which shall be responsible for enforcing this act and any
     3  regulations promulgated pursuant thereto. Officers and
     4  investigators assigned to the bureau shall have the power and
     5  their duty shall be:
     6     (1)  To investigate whenever there are reasonable grounds to
     7  believe liquor, alcohol or malt or brewed beverages is being
     8  sold on premises not licensed under the provisions of this act.
     9  If the investigation produces evidence of the unlawful sale of
    10  liquor or malt or brewed beverages or any other violation of the
    11  provisions of this act, the officer involved in the
    12  investigation shall institute criminal proceedings against the
    13  person or persons believed to have been criminally liable, as
    14  otherwise provided by law or rule of court.
    15     (2)  To arrest on view, except in private homes, without
    16  warrant, any person actually engaged in the unlawful sale,
    17  importation, manufacture or transportation or having unlawful
    18  possession of liquor, alcohol or malt or brewed beverages
    19  contrary to the provisions of this act or any other law of this
    20  Commonwealth.
    21     (3)  Upon reasonable and probable cause, to search for and to
    22  seize, without warrant or process, except in private homes, any
    23  liquor, alcohol or malt or brewed beverages unlawfully
    24  possessed, manufactured, sold, imported or transported and any
    25  stills, equipment, materials, utensils, vehicles, boats,
    26  vessels, animals, aircraft, or any of them, which are or have
    27  been used in the unlawful manufacture, sale, importation or
    28  transportation of the same, such liquor, alcohol, malt or brewed
    29  beverages, stills, equipment, materials, utensils, vehicles,
    30  boards, vessels, animals or aircraft so seized shall be disposed
    19870H1000B1366                 - 36 -

     1  of as hereinafter provided.
     2     (4)  To investigate and issue citations for any violations of
     3  this act or any laws of this Commonwealth relating to liquor,
     4  alcohol or malt or brewed beverages, or any regulations of the
     5  commission adopted pursuant to such laws or any violation of any
     6  laws of this Commonwealth or of the Federal Government, relating
     7  to the payment of taxes on liquor, alcohol or malt or brewed
     8  beverages by any licensee, his officers, servants, agents or
     9  employes.
    10     (b)  Any equipment or appurtenance actually used in the
    11  commission of the unlawful acts may be confiscated. The
    12  confiscation shall not, in any manner, divest or impair the
    13  rights or interest of any bona fide lienholder in the equipment
    14  or appurtenance.
    15     (C)  EXCEPT FOR UP TO THREE STATE POLICE OFFICERS WHO SHALL    <--
    16  BE EMPLOYED IN A SUPERVISORY CAPACITY AT THE STATE HEADQUARTERS
    17  OF THE ENFORCEMENT BUREAU, ALL OTHER PERSONNEL OF THE
    18  ENFORCEMENT BUREAU SHALL BE CIVILIANS.
    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     (B)  ALL HEARING EXAMINERS EMPLOYED BY THE PENNSYLVANIA        <--
    27  LIQUOR CONTROL BOARD ON THE EFFECTIVE DATE OF THIS SECTION SHALL
    28  CONTINUE TO SERVE AS ADMINISTRATIVE LAW JUDGES WITHIN THE
    29  COMMISSION. ADDITIONAL ADMINISTRATIVE LAW JUDGES MAY BE
    30  APPOINTED BY THE COMMISSION, WITH THE APPROVAL OF THE GOVERNOR,
    19870H1000B1366                 - 37 -

     1  AS THE COMMISSION DEEMS NECESSARY FOR THE HOLDING OF HEARINGS
     2  REQUIRED OR PERMITTED UNDER THIS ACT.
     3     (c)  Administrative law judges shall preside at all
     4  licensing, citation and other enforcement hearings required or
     5  permitted under this act.
     6     (d)  Administrative law judges appointed under this section    <--
     7  shall be learned in the law and shall be members in good
     8  standing of the bar of the Supreme Court of Pennsylvania.
     9     (e) (D)  Administrative law judges appointed under this        <--
    10  section shall be afforded employment security as provided by the
    11  act of August 5, 1941 (P.L.752, No.286), known as the "Civil
    12  Service Act."
    13     (f) (E)  Compensation for the administrative law judges shall  <--
    14  be established by the commission with the approval of the
    15  Governor.
    16     (g)  Administrative law judges shall devote full time to       <--
    17  their official duties and shall perform no duties inconsistent
    18  with their duties and responsibilities as administrative law
    19  judges.
    20     (F)  NOTHING IN THIS SECTION OR THIS ACT SHALL BE CONSTRUED    <--
    21  OR INTENDED TO CHANGE OR AFFECT THE TERMS AND CONDITIONS OF
    22  EMPLOYMENT OR THE EMPLOYMENT SECURITY OF HEARING EXAMINERS
    23  EMPLOYED BY THE PENNSYLVANIA LIQUOR CONTROL BOARD ON THE
    24  EFFECTIVE DATE OF THIS SECTION.
    25     Section 213.  Office of Chief Counsel.--The commission shall
    26  establish an Office of Chief Counsel which shall provide legal
    27  advice on matters coming before the commission and shall
    28  represent the enforcement bureau in all enforcement proceedings
    29  brought before the Office of Administrative Law Judge. The
    30  salary of the chief counsel and the number and salaries of any
    19870H1000B1366                 - 38 -

     1  deputy counsels employed by the Office of Chief Counsel shall be
     2  set by the commission with the approval of the Governor.
     3     Section 214.  Bureau of Consumer Relations.--The commission
     4  shall establish a Bureau of Consumer Relations which shall be
     5  responsible for handling all consumer complaints and
     6  suggestions. The bureau shall develop a system-wide program for
     7  investigating all complaints and suggestions and implementing
     8  improvements into the State Store system.
     9     Section 215.  Prohibitions.--(a)  The commission may not make
    10  a contract or otherwise do business with a corporation, vendor
    11  or service contractor that has not complied with the regulatory
    12  and statutory requirements of any other administrative agency.
    13     (b)  The commission may not make a contract or otherwise do
    14  business with a transportation carrier for hire of liquor, wine
    15  or malt or brewed beverages which (carrier) has not obtained the
    16  proper permits from the Pennsylvania Public Utility Commission
    17  under 66 Pa.C.S. Ch. 25 (relating to contract carrier by motor
    18  vehicle and broker).
    19     Section 216.  Management of Fees.--The commission shall        <--
    20  develop a fee-management system to identify actual commission
    21  costs related to each fee that it administers. This system shall
    22  be developed in cooperation with the Pennsylvania State Police
    23  and shall include all allocated enforcement costs of the
    24  enforcement bureau.
    25     SECTION 216.  WINE MARKETING.--(A)  THERE IS HEREBY            <--
    26  ESTABLISHED WITHIN THE COMMISSION THE BUREAU OF WINE WHICH SHALL
    27  BE RESPONSIBLE FOR THE PURCHASING AND THE WHOLESALE AND RETAIL
    28  MARKETING OF PREMIUM WINES SO AS TO MAKE THESE WINES AVAILABLE
    29  TO PENNSYLVANIA CONSUMERS AT COMPETITIVE PRICES AND IN A
    30  CONVENIENT ATMOSPHERE.
    19870H1000B1366                 - 39 -

     1     (B)  THE MANAGEMENT OF THE BUREAU SHALL BE VESTED IN A
     2  DIRECTOR, AN ASSISTANT DIRECTOR FOR PURCHASING AND AN ASSISTANT
     3  DIRECTOR FOR MARKETING.
     4     (C)  THE COMMISSION SHALL ESTABLISH THAT AT LEAST FIVE PER
     5  CENTUM OF ALL STATE STORES WITHIN A METROPOLITAN AREA ARE WINE
     6  SPECIALTY STORES, AT WHICH PREMIUM WINE SHALL BE SOLD. THESE
     7  STORES SHALL NOT SELL ANY DISTILLED PRODUCT. THE STORES SHALL BE
     8  IN ADDITION TO THE CURRENT NUMBER OF STATE STORES IN OPERATION
     9  IN SAID AREA.
    10     (D)  (1)  THE TERM "METROPOLITAN AREA" AS USED IN THIS
    11  SECTION SHALL MEAN ANY ONE COUNTY OR ANY COMBINATION OF TWO,
    12  THREE OR FOUR COUNTIES CONTIGUOUS AND ADJACENT WITH A TOTAL
    13  POPULATION OF FIFTY THOUSAND OR MORE.
    14     (2)  THE TERM "WINE" AS USED IN THIS SECTION SHALL MEAN
    15  LIQUOR WHICH IS FERMENTED FROM GRAPES AND OTHER FRUITS, HAVING
    16  ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM OR LESS. THE TERM
    17  "WINE" SHALL NOT INCLUDE MALT OR BREWED BEVERAGES, NOR SHALL
    18  WINE INCLUDE ANY PRODUCTS CONTAINING ALCOHOL DERIVED FROM MALT,
    19  GRAIN, CEREAL, MOLASSES OR CACTUS.
    20     Section 15.  The heading of Article III of the act is
    21  reenacted to read:
    22                            ARTICLE III.
    23                    PENNSYLVANIA LIQUOR STORES.
    24     Section 16.  Section 301 of the act, amended July 9, 1976
    25  (P.L.527, No.125), is reenacted and amended to read:
    26     Section 301.  [Board] Commission to Establish State Liquor
    27  Stores.--(a)  The [board] commission shall establish, operate
    28  and maintain at such places throughout the Commonwealth as it
    29  shall deem essential and advisable, stores to be known as
    30  "Pennsylvania Liquor Stores," for the sale of liquor and alcohol
    19870H1000B1366                 - 40 -

     1  in accordance with the provisions of and the regulations made
     2  under this act; except that no store not so already located
     3  shall be located within three hundred feet of any elementary or
     4  secondary school, nor within a dry municipality without there
     5  first having been a referendum approving such location. When the
     6  [board] commission shall have determined upon the location of a
     7  liquor store in any municipality, it shall give notice of such
     8  location by public advertisement in two newspapers of general
     9  circulation. In cities of the first class, the location shall
    10  also be posted for a period of at least fifteen days following
    11  its determination by the [board] commission as required in
    12  section 403(g) of this act. The notice shall be posted in a
    13  conspicuous place on the outside of the premises in which the
    14  proposed store is to operate or, in the event that a new
    15  structure is to be built in a similarly visible location. If,
    16  within five days after the appearance of such advertisement, or
    17  of the last day upon which the notice was posted, fifteen or
    18  more taxpayers residing within a quarter of a mile of such
    19  location, or the City Solicitor of the city of the first class,
    20  shall file a protest with the court of common pleas of the
    21  county averring that the location is objectionable because of
    22  its proximity to a church, a school, or to private residences,
    23  the court shall forthwith hold a hearing affording an
    24  opportunity to the protestants and to the [board] commission to
    25  present evidence. The court shall render its decision
    26  immediately upon the conclusion of the testimony and from the
    27  decision there shall be no appeal. If the court shall determine
    28  that the proposed location is undesirable for the reasons set
    29  forth in the protest, the [board] commission shall abandon it
    30  and find another location. The [board] commission may establish,
    19870H1000B1366                 - 41 -

     1  operate and maintain such establishments for storing and testing
     2  liquors as it shall deem expedient to carry out its powers and
     3  duties under this act.
     4     (b)  The [board] commission may lease the necessary premises
     5  for such stores or establishments, but all such leases shall be
     6  made through the Department of General Services as agent of the
     7  [board] commission. The [board] commission, through the
     8  Department of General Services, shall have authority to purchase
     9  such equipment and appointments as may be required in the
    10  operation of such stores or establishments.
    11     Section 17.  Sections 302 and 303 of the act are reenacted
    12  and amended to read:
    13     Section 302.  Selection of Personnel.--Officers and employes
    14  of the [board] commission, except as herein otherwise provided,
    15  shall be appointed and employed subject to the provisions of the
    16  Civil Service Act.
    17     Section 303.  Management of Pennsylvania Liquor Stores.--
    18  Every Pennsylvania Liquor Store shall be conducted by a person
    19  appointed in the manner provided in the Civil Service Act who
    20  shall be known as the "manager" and who shall, under the
    21  directions of the [board] commission, be responsible for
    22  carrying out the provisions of this act and the regulations
    23  adopted by the [board] commission under this act as far as they
    24  relate to the conduct of such stores.
    25     Section 18.  Section 304 of the act, amended March 5, 1973
    26  (P.L.1, No.1), is reenacted and amended to read:
    27     Section 304.  When Sales May Be Made at Pennsylvania Liquor
    28  Stores.--Every Pennsylvania Liquor Store shall be open for
    29  business week days, except legal holidays or any day on which a
    30  general, municipal, special or primary election is being held,
    19870H1000B1366                 - 42 -

     1  during such hours as the [board] commission, in its discretion,
     2  shall determine[, but shall not be open longer than fourteen
     3  hours in any one day nor later than eleven o'clock
     4  postmeridian]: Provided, That the Pennsylvania Liquor Stores in
     5  the case of a special election for members of the General
     6  Assembly or members of the Congress of the United States, when
     7  such special election is held on other than a primary, municipal
     8  or general election day, shall be open in those Legislative or
     9  Congressional Districts as though the day were not a special
    10  election day. The [board] commission may, with the approval of
    11  the Governor, temporarily close any store in any municipality.
    12     Section 19.  Section 305 of the act, amended October 21, 1965
    13  (P.L.642, No.316), October 11, 1972 (P.L.906, No.215), June 17,
    14  1974 (P.L.352, No.115), October 2, 1974 (P.L.668, No.222) and
    15  October 4, 1974 (P.L.672, No.224), is reenacted and amended to
    16  read:
    17     Section 305.  Sales by Pennsylvania Liquor Stores.--(a)
    18  Every Pennsylvania Liquor Store shall keep in stock for sale
    19  such classes, varieties and brands of liquor and alcohol as the
    20  [board] commission shall prescribe. If any person shall desire
    21  to purchase any class, variety or brand of liquor or alcohol
    22  which any such store does not have in stock, it shall be the
    23  duty of such store immediately to order the same upon the
    24  payment of a reasonable deposit by the purchaser in such
    25  proportion of the approximate cost of the order as shall be
    26  prescribed by the regulations of the [board] commission. The
    27  customer shall be notified immediately upon the arrival of the
    28  goods.
    29     In computing the retail price of such special orders for
    30  liquor or alcohol, the [board] commission shall not include the
    19870H1000B1366                 - 43 -

     1  cost of freight or shipping before applying the mark-up and
     2  taxes but shall add the freight or shipping charges to the price
     3  after the mark-up and taxes have been applied.
     4     Unless the customer pays for and accepts delivery of any such
     5  special order within five days after notice of arrival, the
     6  store may place it in stock for general sale and the customer's
     7  deposit shall be forfeited.
     8     (b)  Every Pennsylvania Liquor Store shall sell liquors at
     9  wholesale to hotels, restaurants, clubs, and railroad, pullman
    10  and steamship companies licensed under this act; and, under the
    11  regulations of the [board] commission, to pharmacists duly
    12  licensed and registered under the laws of the Commonwealth, and
    13  to manufacturing pharmacists, and to reputable hospitals
    14  approved by the [board] commission, or chemists. The [board]
    15  commission may sell to registered pharmacists only such liquors
    16  as conform to the Pharmacopoeia of the United States, the
    17  National Formulary, or the American Homeopathic Pharmacopoeia.
    18  The [board] commission may sell at special prices under the
    19  regulations of the [board] commission, to United States Armed
    20  Forces facilities which are located on United States Armed
    21  Forces installations and are conducted pursuant to the authority
    22  and regulations of the United States Armed Forces. All other
    23  sales by such stores shall be at retail. [No liquor shall be
    24  sold except for cash, except that the board] The commission may,  <--
    25  by regulation, authorize the acceptance of checks for liquor
    26  sold at wholesale only. The [board] commission shall have power   <--
    27  to designate certain stores for wholesale or retail sales
    28  exclusively.] A PERSON ENTITLED TO PURCHASE LIQUOR AT WHOLESALE   <--
    29  PRICES MAY PURCHASE THE LIQUOR AT ANY PENNSYLVANIA LIQUOR STORE
    30  UPON TENDERING CASH, CHECK OR CREDIT CARD FOR THE FULL AMOUNT OF
    19870H1000B1366                 - 44 -

     1  THE PURCHASE. FOR THIS PURPOSE, THE COMMISSION SHALL ISSUE A
     2  DISCOUNT CARD TO EACH LICENSEE IDENTIFYING SUCH LICENSEE AS A
     3  PERSON AUTHORIZED TO PURCHASE LIQUOR AT WHOLESALE PRICES. SUCH
     4  DISCOUNT CARD SHALL BE RETAINED BY THE LICENSEE. THE BOARD MAY
     5  PROVIDE FOR DELIVERY TO WHOLESALE LICENSEES AT THE EXPENSE OF
     6  THE LICENSEE RECEIVING THE DELIVERY.
     7     (c)  Whenever any checks issued in payment of liquor or
     8  alcohol purchased from State Liquor Stores by persons holding
     9  wholesale purchase permit cards issued by the [board] commission
    10  shall be returned to the [board] commission as dishonored, the
    11  [board] commission shall charge a fee of five dollars per
    12  hundred dollars or fractional part thereof, plus all protest
    13  fees, to the maker of such check submitted to the [board]
    14  commission. Failure to pay the face amount of the check in full
    15  and all charges thereon as herein required within ten days after
    16  demand has been made by the [board] commission upon the maker of
    17  the check shall be cause for revocation or suspension of any
    18  license issued by the [board] commission to the person who
    19  issued such check and the cancellation of the wholesale purchase
    20  permit card held by such person.
    21     (d)  No liquor or alcohol package shall be opened on the
    22  premises of a Pennsylvania Liquor Store. No manager or other
    23  employe of the [board] commission employed in a Pennsylvania
    24  Liquor Store shall allow any liquor or alcohol to be consumed on
    25  the store premises, nor shall any person consume any liquor or
    26  alcohol on such premises.
    27     (e)  The [board] commission may sell tax exempt alcohol to
    28  the Commonwealth of Pennsylvania and to persons to whom the
    29  [board] commission shall, by regulation to be promulgated by it,
    30  issue special permits for the purchase of such tax exempt
    19870H1000B1366                 - 45 -

     1  alcohol.
     2     Such permits may be issued to the United States or any
     3  governmental agency thereof, to any university or college of
     4  learning, any laboratory for use exclusively in scientific
     5  research, any hospital, sanitorium, eleemosynary institution or
     6  dispensary; to physicians, dentists, veterinarians and
     7  pharmacists duly licensed and registered under the laws of the
     8  Commonwealth of Pennsylvania; to manufacturing chemists and
     9  pharmacists or other persons for use in the manufacture or
    10  compounding of preparations unfit for beverage purposes.
    11     (f)  Every purchaser of liquor or alcohol from a Pennsylvania
    12  Liquor Store shall receive a numbered receipt which shall show
    13  the price paid therefor, and such other information as the
    14  [board] commission may prescribe. Copies of all receipts issued
    15  by a Pennsylvania Liquor Store shall be retained by and shall
    16  form part of the records of such store.
    17     (g)  The [board] commission is hereby authorized and
    18  empowered to adopt and enforce appropriate rules and regulations
    19  to insure the equitable wholesale and retail sale and
    20  distribution, through the Pennsylvania Liquor Stores, of
    21  available liquor and alcohol at any time when the demand
    22  therefor is greater than the supply.
    23     (h)  Every Pennsylvania Liquor Store shall sell gift
    24  certificates which may be redeemed for liquor.
    25     Section 20.  Section 306 of the act is reenacted and amended
    26  to read:
    27     Section 306.  Audits by Auditor General.--(a)  It shall be
    28  the duty of the Department of the Auditor General to make all
    29  audits which may be necessary in connection with the
    30  administration of the financial affairs of the [board]
    19870H1000B1366                 - 46 -

     1  commission and the Pennsylvania Liquor Stores operated and
     2  maintained by the [board] commission.
     3     (b)  At least one audit shall be made each year of the
     4  affairs of the [board] commission, and all collections made by
     5  the Pennsylvania Liquor Stores shall be audited quarterly. A      <--
     6  COPY OF THE ANNUAL AUDIT OF THE AFFAIRS OF THE COMMISSION SHALL
     7  BE SUBMITTED TO EACH MEMBER OF THE GENERAL ASSEMBLY.
     8     (c)  Special audits of the affairs of the [board] commission
     9  and the Pennsylvania Liquor Stores maintained and operated by
    10  the [board] commission may be made whenever they may, in the
    11  judgment of the Auditor General, appear necessary, and shall be
    12  made whenever the Governor shall call upon the Auditor General
    13  to make them.
    14     (d)  Copies of all audits made by the Department of the
    15  Auditor General shall be promptly submitted to the [board]
    16  commission and to the Governor.
    17     (e)  Unless the Department of the Auditor General shall
    18  neglect or refuse to make annual, quarterly or special Audits,
    19  as hereinabove required, it shall be unlawful for the [board]
    20  commission to expend any money appropriated to it by the General
    21  Assembly for any audit of its affairs, except for the payment of
    22  the compensation and expenses of such auditors as are regularly
    23  employed as part of the administrative staff of the [board]
    24  commission.
    25     Section 21.  The headings of Article IV and Subdivision (A)
    26  of Article IV of the act are reenacted to read:
    27                            ARTICLE IV.
    28           LICENSES AND REGULATIONS; LIQUOR, ALCOHOL AND
    29                     MALT AND BREWED BEVERAGES.
    30       (A)  Liquor and Alcohol (Not Including Manufacturers).
    19870H1000B1366                 - 47 -

     1     Section 22.  Section 401 of the act, amended June 1, 1972
     2  (P.L.355, No.95), is reenacted and amended to read:
     3     Section 401.  Authority to Issue Liquor Licenses to Hotels,
     4  Restaurants and Clubs.--(a)  Subject to the provisions of this
     5  act and regulations promulgated under this act, the [board]
     6  commission shall have authority to issue a retail liquor license
     7  for any premises kept or operated by a hotel, restaurant or club
     8  and specified in the license entitling the hotel, restaurant or
     9  club to purchase liquor from a Pennsylvania Liquor Store and to
    10  keep on the premises such liquor and, subject to the provisions
    11  of this act and the regulations made thereunder, to sell the
    12  same and also malt or brewed beverages to guests, patrons or
    13  members for consumption on the hotel, restaurant or club
    14  premises. Such licensees, other than clubs, shall be permitted
    15  to sell malt or brewed beverages for consumption off the
    16  premises where sold in quantities of not more than one hundred
    17  forty-four fluid ounces in a single sale to one person. Such
    18  licenses shall be known as hotel liquor licenses, restaurant
    19  liquor licenses and club liquor licenses, respectively. No
    20  person who holds, either by appointment or election, any public
    21  office which involves the duty to enforce any of the penal laws
    22  of the United States of America or the penal laws of the
    23  Commonwealth of Pennsylvania or any penal ordinance or
    24  resolution of any political subdivision of this Commonwealth
    25  shall be issued any hotel or restaurant liquor license, nor
    26  shall such a person have any interest, directly or indirectly,
    27  in any such license.
    28     (b)  The [board] commission may issue to any club which
    29  caters to groups of non-members, either privately or for
    30  functions, a catering license, and the [board] commission shall,
    19870H1000B1366                 - 48 -

     1  by its rules and regulations, define what constitutes catering
     2  under this subsection except that any club which is issued a
     3  catering license shall not be prohibited from catering on
     4  Sundays during the hours which the club may lawfully serve
     5  liquor, malt or brewed beverages.
     6     Section 23.  Section 402 of the act is reenacted and amended
     7  to read:
     8     Section 402.  License Districts; License Year; Hearings.--(A)  <--
     9  The [board] commission shall, by regulation, divide the State
    10  into convenient license districts and shall hold hearings on
    11  applications for licenses and renewals thereof, as it deems
    12  necessary, at a convenient place or places in each of said
    13  districts, at such times as it shall fix, by regulation, for the
    14  purpose of hearing testimony for and against applications for
    15  new licenses and renewals thereof. THE COMMISSION SHALL HOLD A    <--
    16  HEARING ON ANY APPLICATION FOR A NEW HOTEL, CLUB OR RESTAURANT
    17  LIQUOR LICENSE OR THE TRANSFER OF ANY SUCH LICENSE TO A NEW
    18  LOCATION, UPON THE REQUEST OF ANY PERSON WITH STANDING TO
    19  TESTIFY UNDER SUBSECTION (B) IF THE REQUEST IS FILED WITH THE
    20  COMMISSION WITHIN THE FIRST FIFTEEN DAYS OF POSTING OF THE
    21  NOTICE OF APPLICATION PURSUANT TO SECTION 403(G). The [board]
    22  commission may provide for the holding of such hearings by
    23  [examiners learned in the law, to be appointed by the Governor,
    24  who shall not be subject to the "Civil Service Act."]
    25  administrative law judges. Such examiners shall make report to
    26  the [board] commission in each case with their recommendations.
    27  The [board] commission shall, by regulation, fix the license
    28  year for each separate district so that the expiration dates
    29  shall be uniform in each of the several districts but staggered
    30  as to the State.
    19870H1000B1366                 - 49 -

     1     (B)  WHERE A HEARING IS HELD IN THE CASE OF AN APPLICATION     <--
     2  FOR A NEW HOTEL, CLUB OR RESTAURANT LIQUOR LICENSE OR AN
     3  APPLICATION FOR THE TRANSFER OF A HOTEL, CLUB OR RESTAURANT
     4  LIQUOR LICENSE TO A NEW LOCATION, THE COMMISSION SHALL PERMIT
     5  RESIDENTS RESIDING WITHIN A RADIUS OF FIVE HUNDRED FEET OF THE
     6  PREMISES TO TESTIFY AT THE HEARING. THE COMMISSION AND ANY
     7  HEARING OFFICER THEREOF SHALL GIVE APPROPRIATE EVIDENTIARY
     8  WEIGHT TO ANY TESTIMONY OF SUCH RESIDENTS GIVEN AT THE HEARING.
     9     Section 24.  Section 403 of the act, amended November 19,
    10  1959 (P.L.1546, No.553) and September 28, 1961 (P.L.1728,
    11  No.702), is reenacted and amended to read:
    12     Section 403.  Applications for Hotel, Restaurant and Club
    13  Liquor Licenses.--(a)  Every applicant for a hotel liquor
    14  license, restaurant liquor license or club liquor license or for
    15  the transfer of an existing license to another premises not then
    16  licensed shall file a written application with the [board]
    17  commission in such form and containing such information as the
    18  [board] commission shall from time to time prescribe, which
    19  shall be accompanied by a filing fee of twenty dollars ($20),
    20  the prescribed license fee, and the bond hereinafter specified.
    21  Every such application shall contain a description of that part
    22  of the hotel, restaurant or club for which the applicant desires
    23  a license and shall set forth such other material information,
    24  description or plan of that part of the hotel, restaurant or
    25  club where it is proposed to keep and sell liquor as may be
    26  required by the regulations of the [board] commission. The
    27  descriptions, information and plans referred to in this
    28  subsection shall show the hotel, restaurant, club, or the
    29  proposed location for the construction of a hotel, restaurant or
    30  club, at the time the application is made, and shall show any
    19870H1000B1366                 - 50 -

     1  alterations proposed to be made thereto, or the new building
     2  proposed to be constructed after the approval by the [board]
     3  commission of the application for a license or for the transfer
     4  of an existing license to another premises not then licensed. No
     5  physical alterations, improvements or changes shall be required
     6  to be made to any hotel, restaurant or club, nor shall any new
     7  building for any such purpose, be required to be constructed
     8  until approval of the application for license or for the
     9  transfer of an existing license to another premises not then
    10  licensed by the [board] commission. After approval of the
    11  application, the licensee shall make the physical alterations,
    12  improvements and changes to the licensed premises, or shall
    13  construct the new building in the manner specified by the
    14  [board] commission at the time of approval, and the licensee
    15  shall not transact any business under the license until the
    16  [board] commission has approved the completed physical
    17  alterations, improvements and changes to the licensed premises,
    18  or the completed construction of the new building as conforming
    19  to the specifications required by the [board] commission at the
    20  time of issuance or transfer of the license, and is satisfied
    21  that the establishment is a restaurant, hotel or club as defined
    22  by this act. The [board] commission may require that all such
    23  alterations or construction or conformity to definition be
    24  completed within six months from the time of issuance or
    25  transfer of the license. Failure to comply with these
    26  requirements shall be considered cause for revocation of the
    27  license. No such license shall be transferable between the time
    28  of issuance or transfer of the license and the approval of the
    29  completed alterations or construction by the [board] commission
    30  and full compliance by the licensee with the requirements of
    19870H1000B1366                 - 51 -

     1  this act, except in the case of death of the licensee prior to
     2  full compliance with all of the aforementioned requirements, in
     3  which event, the license may be transferred by the [board]
     4  commission as provided in section 468 of this act for the
     5  transfer of the license in the case of death of the licensee.
     6     (b)  If the applicant is a natural person, his application
     7  must show that he is a citizen of the United States and has been
     8  a resident of this Commonwealth for at least two years
     9  immediately preceding his application.
    10     (c)  If the applicant is a corporation, the application must
    11  show that the corporation was created under the laws of
    12  Pennsylvania or holds a certificate of authority to transact
    13  business in Pennsylvania, that all officers, directors and
    14  stockholders are citizens of the United States, and that the
    15  manager of the hotel, restaurant or club is a citizen of the
    16  United States.
    17     (d)  Each application shall be signed and verified by oath or
    18  affirmation by the owner, if a natural person, or, in the case
    19  of an association, by a member or partner thereof, or, in the
    20  case of a corporation, by an executive officer thereof or any
    21  person specifically authorized by the corporation to sign the
    22  application, to which shall be attached written evidence of his
    23  authority.
    24     (e)  If the applicant is an association, the application
    25  shall set forth the names and addresses of the persons
    26  constituting the association, and if a corporation, the names
    27  and addresses of the principal officers thereof. Every club
    28  applicant shall file with and as a part of its application a
    29  list of the names and addresses of its members, directors,
    30  officers, agents and employes, together with the dates of their
    19870H1000B1366                 - 52 -

     1  admission, election or employment, and such other information
     2  with respect to its affairs as the [board] commission shall
     3  require.
     4     (f)  The [board] commission shall refuse to issue licenses to
     5  clubs when it appears that the operation of the licensed
     6  business would inure to the benefit of individual members,
     7  officers, agents or employes of the club, rather than to the
     8  benefit of the entire membership of the club.
     9     (g)  Every applicant for a new license or for the transfer of
    10  an existing license [to another premises not then licensed]       <--
    11  shall post, for a period of a least fifteen days beginning with
    12  the day the application is filed with the [board] commission, in
    13  a conspicuous place on the outside of the premises or at the
    14  proposed new location for which the license is applied, a notice
    15  of such application, in such form, of such size, and containing
    16  such provisions as the [board] commission may require by its
    17  regulations. Proof of the posting of such notice shall be filed
    18  with the [board] commission.
    19     (h)  If any false statement is intentionally made in any part
    20  of the application, the affiant shall be deemed guilty of a
    21  misdemeanor and, upon conviction, shall be subject to the
    22  penalties provided by this article.
    23     (i)  Upon receipt of an application for a new license or
    24  transfer of an existing license to a new location, the
    25  commission shall immediately notify, in writing, the
    26  municipality in which the premises proposed to be licensed are
    27  located.
    28     Section 25.  Section 404 of the act, amended September 2,
    29  1971 (P.L.429, No.103), is reenacted and amended to read:
    30     Section 404.  Issuance of Hotel, Restaurant and Club Liquor
    19870H1000B1366                 - 53 -

     1  Licenses.--Upon receipt of the application, the proper fees and
     2  bond, and upon being satisfied of the truth of the statements in
     3  the application that the applicant is the only person in any
     4  manner pecuniarily interested in the business so asked to be
     5  licensed and that no other person will be in any manner
     6  pecuniarily interested therein during the continuance of the
     7  license, except as hereinafter permitted, and that the applicant
     8  is a person of good repute, that the premises applied for meet
     9  all the requirements of this act and the regulations of the
    10  [board] commission, that the applicant seeks a license for a
    11  hotel, restaurant or club, as defined in this act, and that the
    12  issuance of such license is not prohibited by any of the
    13  provisions of this act, the [board] commission shall, in the
    14  case of a hotel or restaurant, grant and issue to the applicant
    15  a liquor license, and in the case of a club may, in its
    16  discretion, issue or refuse a license: Provided, however, That
    17  in the case of any new license or the transfer of any license to
    18  a new location the [board] commission may, in its discretion,
    19  grant or refuse such new license or transfer if such place
    20  proposed to be licensed is within three hundred feet of any
    21  church, hospital, charitable institution, school, or public
    22  playground, or if such new license or transfer is applied for a
    23  place which is within two hundred feet of any other premises
    24  which is licensed by the [board] commission, or if such new
    25  license or transfer is applied for a place where the principal
    26  business is the sale of liquid fuels and oil: And provided
    27  further, That the [board] commission shall refuse any
    28  application for a new license or the transfer of any license to
    29  a new location if, in the [board's] commission's opinion, such
    30  new license or transfer would be detrimental to the welfare,
    19870H1000B1366                 - 54 -

     1  health, peace and morals of the inhabitants of the neighborhood
     2  within a radius of five hundred feet of the place proposed to be
     3  licensed: And provided further, That the [board] commission
     4  shall not issue new licenses in any license district more than
     5  twice each license year, effective from specific dates fixed by
     6  the [board] commission, and new licenses shall not be granted,
     7  except for hotels as defined in this act, unless the application
     8  therefor shall have been filed at least thirty days before the
     9  effective date of the license: And provided further, That
    10  nothing herein contained shall prohibit the [board] commission
    11  from issuing a new license for the balance of any unexpired term
    12  in any license district to any applicant in such district, who
    13  shall have become eligible to hold such license as the result of
    14  legislative enactment, when such enactment shall have taken
    15  place during the license term of that district for which
    16  application is made or within the thirty days immediately
    17  preceding such term, nor shall anything herein contained
    18  prohibit the commission from issuing at any time a new license
    19  for an airport restaurant, or municipal golf course, as defined
    20  in section 461 of this act, for the balance of the unexpired
    21  license term in any license district: And provided further, That
    22  the shall have the discretion to refuse a license to any person
    23  or to any corporation, partnership or association if such
    24  person, or any officer or director of such corporation, or any
    25  member or partner of such partnership or association shall have
    26  been convicted or found guilty of a felony within a period of
    27  five years immediately preceding the date of application for the
    28  said license. At any time prior to commission approval of an      <--
    29  application for a new license or transfer of any license to a
    30  new location, any natural person, not a licensee, residing
    19870H1000B1366                 - 55 -

     1  within one thousand feet of the place proposed to be licensed
     2  may petition the commission to deny the application on grounds
     3  that it would be detrimental to the welfare, health, peace and
     4  morals of the inhabitants of the neighborhood. The commission
     5  shall either deny the application for a license or transfer of a
     6  license or refer the petition to the Office of Administrative
     7  Law Judge for a hearing. If after a hearing, at which the
     8  applicant and any resident within one thousand feet of the place
     9  proposed to be licensed shall be permitted to testify, the
    10  administrative law judge determines that approval of the license
    11  or transfer of a license would be detrimental to the welfare,
    12  health, peace and morals of those residents, the commission
    13  shall deny the application.
    14     Section 26.  Section 405 of the act, amended July 18, 1961
    15  (P.L.790, No.348), is reenacted and amended to read:
    16     Section 405.  License Fees.--(a)  License fees for hotel and
    17  restaurant liquor licenses shall be graduated according to the
    18  population of the municipality as determined by the last
    19  preceding decennial census of the United States in which the
    20  hotel or restaurant is located, as follows:
    21     In municipalities having a population of less than fifteen
    22  hundred inhabitants, one hundred fifty dollars ($150.00).
    23     In municipalities, except townships, having a population of
    24  fifteen hundred and more but less than ten thousand inhabitants,
    25  and in townships having a population of fifteen hundred and more
    26  but less than twelve thousand inhabitants, two hundred dollars
    27  ($200.00).
    28     In municipalities, except townships, having a population of
    29  ten thousand and more but less than fifty thousand inhabitants,
    30  and in townships having a population of twelve thousand and more
    19870H1000B1366                 - 56 -

     1  but less than fifty thousand inhabitants, three hundred dollars
     2  ($300.00).
     3     In those having a population of fifty thousand and more but
     4  less than one hundred thousand inhabitants, four hundred dollars
     5  ($400.00).
     6     In those having a population of one hundred thousand and more
     7  but less than one hundred fifty thousand inhabitants, five
     8  hundred dollars ($500.00).
     9     In those having a population of one hundred fifty thousand
    10  and more inhabitants, six hundred dollars ($600.00).
    11     (b)  Every applicant for a club liquor license shall pay to
    12  the [board] commission a license fee of fifty dollars ($50.00),
    13  except clubs to which catering licenses are issued, in which
    14  cases the license fees shall be the same as for hotels and
    15  restaurants located in the same municipality.
    16     (c)  All license fees authorized under this section shall be
    17  collected by the [board] commission for the use of the
    18  municipalities in which such fees were collected.
    19     (d)  Whenever any checks issued in payment of filing and/or
    20  license fees shall be returned to the [board] commission as
    21  dishonored, the [board] commission shall charge a fee of five
    22  dollars ($5.00) per hundred dollars, or fractional part thereof,
    23  plus all protest fees, to the maker of such check submitted to
    24  the [board] commission. Failure to pay the face amount of the
    25  check in full and all charges thereon as herein required within
    26  ten days after demand has been made by the [board] commission
    27  upon the maker of the check, the license of such person, if
    28  issued, shall immediately terminate and be cancelled without any
    29  action on the part of the [board] commission.
    30     Section 27.  Section 406 of the act, amended September 2,
    19870H1000B1366                 - 57 -

     1  1971 (P.L.429, No.103), December 17, 1982 (P.L.1390, No.319),
     2  May 9, 1984 (P.L.246, No.54) and February 28, 1985 (P.L.1,
     3  No.1), is reenacted and amended to read:
     4     Section 406.  Sales by Liquor Licensees; Restrictions.--(a)
     5  (1)  Every hotel, restaurant or club liquor licensee may sell
     6  liquor and malt or brewed beverages by the glass, open bottle or
     7  other container, and in any mixture, for consumption only in
     8  that part of the hotel or restaurant habitually used for the
     9  serving of food to guests or patrons, or in a bowling alley that
    10  is immediately adjacent to and under the same roof as a
    11  restaurant when no minors are present, unless minors who are
    12  present are under proper supervision as defined in section 493,
    13  in the bowling alley, and in the case of hotels, to guests, and
    14  in the case of clubs, to members, in their private rooms in the
    15  hotel or club. No club licensee nor its officers, servants,
    16  agents or employes, other than one holding a catering license,
    17  shall sell any liquor or malt or brewed beverages to any person
    18  except a member of the club. In the case of a restaurant located
    19  in a hotel which is not operated by the owner of the hotel and
    20  which is licensed to sell liquor under this act, liquor and malt
    21  or brewed beverages may be sold for consumption in that part of
    22  the restaurant habitually used for the serving of meals to
    23  patrons and also to guests in private guest rooms in the hotel.
    24  For the purpose of this paragraph, any person who is an active
    25  member of another club which is chartered by the same state or
    26  national organization shall have the same rights and privileges
    27  as members of the particular club. For the purpose of this
    28  paragraph, any person who is an active member of any volunteer
    29  firefighting company, association or group of this Commonwealth,
    30  whether incorporated or unincorporated, shall upon the approval
    19870H1000B1366                 - 58 -

     1  of any club composed of volunteer firemen licensed under this
     2  act, have the same social rights and privileges as members of
     3  such licensed club. For the purposes of this paragraph, the term
     4  "active member" shall not include a social member.
     5     (2)  Hotel and restaurant liquor licensees, airport
     6  restaurant liquor licensees, municipal golf course restaurant
     7  liquor licensees and privately-owned public golf course
     8  restaurant licensees may sell liquor and malt or brewed
     9  beverages only after seven o'clock antemeridian of any day until
    10  two o'clock antemeridian of the following day, except Sunday,
    11  and except as hereinafter provided, may sell liquor and malt or
    12  brewed beverages on Sunday between the hours of twelve o'clock
    13  midnight and two o'clock antemeridian.
    14     (3)  Hotel and restaurant liquor licensees, airport
    15  restaurant liquor licensees, municipal golf course restaurant
    16  liquor licensees and privately-owned public golf course
    17  restaurant licensees whose sales of food and nonalcoholic
    18  beverages are equal to forty per centum or more of the combined
    19  gross sales of both food and alcoholic beverages may sell liquor
    20  and malt or brewed beverages on Sunday between the hours of
    21  eleven o'clock antemeridian and two o'clock antemeridian Monday
    22  upon purchase of a special annual permit from the [board]
    23  commission at a fee of two hundred dollars ($200.00) per year,
    24  which shall be in addition to any other license fees.
    25     (4)  Hotel and restaurant liquor licensees, airport
    26  restaurant liquor licensees, municipal golf course restaurant
    27  liquor licensees and privately-owned public golf course
    28  restaurant licensees which do not qualify for and purchase such
    29  annual special permit, their servants, agents or employes may
    30  sell liquor and malt or brewed beverages only after seven
    19870H1000B1366                 - 59 -

     1  o'clock antemeridian of any day and until two o'clock
     2  antemeridian of the following day, and shall not sell after two
     3  o'clock antemeridian on Sunday. No hotel, restaurant and public
     4  service liquor licensee which does not have the special annual
     5  permit for Sunday sales shall sell liquor and malt or brewed
     6  beverages after two o'clock antemeridian on any day on which a
     7  general, municipal, special or primary election is being held
     8  until one hour after the time fixed by law for closing the
     9  polls, except, that, in the case of a special election for
    10  members of the General Assembly or members of the Congress of
    11  the United States, when such special election is held on other
    12  than a primary, municipal or general election day, licensees in
    13  those Legislative or Congressional Districts may make such
    14  sales, as though the day were not a special election day. No
    15  club licensee or its servants, agents or employes may sell
    16  liquor or malt or brewed beverages between the hours of three
    17  o'clock antemeridian and seven o'clock antemeridian on any day.
    18  No public service liquor licensee or its servants, agents, or
    19  employes may sell liquor or malt or brewed beverages between the
    20  hours of two o'clock antemeridian and seven o'clock antemeridian
    21  on any day.
    22     (5)  Any hotel, restaurant, club or public service liquor
    23  licensee may, by giving notice to the [board] commission,
    24  advance by one hour the hours herein prescribed as those during
    25  which liquor and malt or brewed beverages may be sold during
    26  such part of the year when daylight saving time is being
    27  observed generally in the municipality in which the place of
    28  business of such licensee is located. Any licensee who elects to
    29  operate his place of business in accordance with daylight saving
    30  time shall post a conspicuous notice in his place of business
    19870H1000B1366                 - 60 -

     1  that he is operating in accordance with daylight saving time.
     2     (6)  Notwithstanding any provisions to the contrary, whenever
     3  the thirty-first day of December or Saint Patrick's Day falls on
     4  a Sunday, every hotel or restaurant liquor licensee, their
     5  servants, agents or employes may sell liquor and malt or brewed
     6  beverages on any such day after one o'clock postmeridian and
     7  until two o'clock antemeridian of the following day.
     8     (b)  Such Sunday sales by hotel and restaurant liquor
     9  licensees which qualify for and purchase such annual special
    10  permit, their servants, agents and employes, shall be made
    11  subject to the restrictions imposed by the act on sales by
    12  hotels and restaurants for sales on weekdays as well as those
    13  restrictions set forth in this section.
    14     Section 28.  Section 406.1 of the act, amended May 9, 1984
    15  (P.L.246, No.54), is reenacted and amended to read:
    16     Section 406.1.  Secondary Service Area.--Upon application of
    17  any restaurant, hotel, club, any stadium as described in section
    18  408.9 or municipal golf course liquor licensee, and payment of
    19  the appropriate fee, the [board] commission may approve a
    20  secondary service area by extending the licensed premises to
    21  include one additional permanent structure with dimensions of at
    22  least one hundred seventy-five square feet, enclosed on three
    23  sides and having adequate seating. Such secondary service area
    24  must be located on property having a minimum area of one (1)
    25  acre, and must be on land which is immediate, abutting, adjacent
    26  or contiguous to the licensed premises with no intervening
    27  public thoroughfare. In any stadium as described in section
    28  408.9, only malt or brewed beverages may be served. There shall
    29  be no requirement that the secondary service area be physically
    30  connected to the original licensed premises. Notwithstanding 40
    19870H1000B1366                 - 61 -

     1  Pa. Code § 7.21(c)(3), the licensee shall be permitted to store,
     2  serve, sell or dispense food, liquor and malt or brewed
     3  beverages at the [board] commission approved secondary service
     4  area.
     5     Section 29.  Section 407 of the act is reenacted to read:
     6     Section 407.  Sale of Malt or Brewed Beverages by Liquor
     7  Licensees.--Every liquor license issued to a hotel, restaurant,
     8  club, or a railroad, pullman or steamship company under this
     9  subdivision (A) for the sale of liquor shall authorize the
    10  licensee to sell malt or brewed beverages at the same places but
    11  subject to the same restrictions and penalties as apply to sales
    12  of liquor, except that licensees other than clubs may sell malt
    13  or brewed beverages for consumption off the premises where sold
    14  in quantities of not more than one hundred forty-four fluid
    15  ounces in a single sale to one person. No licensee under this
    16  subdivision (A) shall at the same time be the holder of any
    17  other class of license, except a retail dispenser's license
    18  authorizing the sale of malt or brewed beverages only.
    19     Section 30.  Section 408 of the act, amended September 19,
    20  1961 (P.L.1507, No.639) and November 26, 1978 (P.L.1389,
    21  No.326), is reenacted and amended to read:
    22     Section 408.  Public Service Liquor Licenses.--(a)  Subject
    23  to the provisions of this act and regulations promulgated under
    24  this act, the [board] commission, upon application, shall issue
    25  retail liquor licenses to railroad or pullman companies
    26  permitting liquor and malt or brewed beverages to be sold in
    27  dining, club or buffet cars to passengers for consumption while
    28  enroute on such railroad, and may issue retail liquor licenses
    29  to steamship companies permitting liquor or malt or brewed
    30  beverages to be sold in the dining compartments of steamships or
    19870H1000B1366                 - 62 -

     1  vessels wherever operated in the Commonwealth, except when
     2  standing or moored in stations, terminals or docks within a
     3  municipality wherein sales of liquor for consumption on the
     4  premises are prohibited, and may further issue retail liquor
     5  licenses to airline companies permitting liquor or malt or
     6  brewed beverages to be sold to passengers for consumption while
     7  enroute on such airline. Such licenses shall be known as public
     8  service liquor licenses. The [board] commission may issue a
     9  master license to railroad or pullman companies to cover the
    10  maximum number of cars which the company shall estimate that it
    11  will operate within the Commonwealth on any one day. Such
    12  licensees shall file monthly reports with the [board] commission
    13  showing the maximum number of cars operated in any one day
    14  during the preceding month, and if it appears that more cars
    15  have been operated than covered by its license it shall
    16  forthwith remit to the [board] commission the sum of twenty
    17  dollars for each extra car so operated.
    18     (b)  For the purpose of considering an application by a
    19  steamship or airline company for a public service liquor
    20  license, the [board] commission may cause an inspection of the
    21  steamship or vessel or aircraft for which a license is desired.
    22  The [board] commission may, in its discretion, grant or refuse
    23  the license applied for and there shall be no appeal from its
    24  decision, except that an action of mandamus may be brought
    25  against the [board] commission in the manner provided by law.
    26     (c)  Every applicant for a public service liquor license
    27  shall, before receiving such license, file with the [board]
    28  commission a surety bond as hereinafter prescribed, pay to the
    29  [board] commission for each of the maximum number of dining,
    30  club or buffet cars which the applicant estimates it will have
    19870H1000B1366                 - 63 -

     1  in operation on any one day an annual fee of twenty dollars
     2  ($20.00), and for each steamship or vessel or aircraft for which
     3  a license is desired an annual fee of one hundred dollars
     4  ($100.00).
     5     (d)  Unless previously revoked, every license issued by the
     6  [board] commission under this section shall expire and terminate
     7  on the thirty-first day of December, in the year for which the
     8  license is issued. Licenses issued under the provisions of this
     9  section shall be renewed annually, as herein provided, upon the
    10  filing of applications in such form as the [board] commission
    11  shall prescribe, but no license shall be renewed until the
    12  applicant shall file with the [board] commission a new surety
    13  bond and shall pay the requisite license fee specified in this
    14  section.
    15     (e)  Except as otherwise specifically provided, sales of
    16  liquor and malt or brewed beverages by the aforesaid public
    17  service company licensees shall be made in accordance with, and
    18  shall be subject to, the provisions of this act relating to the
    19  sale of liquors by restaurant licensees.
    20     Section 31.  Section 408.1 of the act, added December 15,
    21  1965 (P.L.1106, No.426) and amended November 17, 1967 (P.L.510,
    22  No.247), is reenacted and amended to read:
    23     Section 408.1.  Trade Show and Convention Licenses.--(a)  The
    24  [board] commission is authorized to issue a license in any city
    25  of the first or second class for the retail sale of liquor and
    26  malt or brewed beverages by the glass, open bottles or other
    27  container or in any mixture for consumption in any restaurant or
    28  other appropriate location on city-owned premises or on premises
    29  of an authority created under the act of July 29, 1953
    30  (P.L.1034), known as the "Public Auditorium Authorities Law"
    19870H1000B1366                 - 64 -

     1  customarily used or available for use for trade shows and
     2  conventions. Any concessionaire selected and certified by the
     3  city or its authorized agency or by the authority may apply for
     4  a license.
     5     (b)  The application for a trade show and convention license
     6  may be filed at any time and shall conform with all requirements
     7  for restaurant liquor license applications except as may be
     8  otherwise provided herein. The applicant shall submit such other
     9  information as the [board] commission may require. Application
    10  shall be in writing on forms prescribed by the [board]
    11  commission and shall be signed and submitted to the [board]
    12  commission by the applicant. The filing fee which shall
    13  accompany the trade show and convention license application
    14  shall be twenty dollars ($20).
    15     (c)  Upon receipt of the application in proper form and the
    16  application fee, and upon being satisfied that the applicant is
    17  of good repute and financially responsible and that the proposed
    18  place of business is proper, the [board] commission shall issue
    19  a license to the applicant.
    20     (d)  The license shall be issued for the same period as
    21  provided for restaurant licenses and shall be renewed as in
    22  section 402. The license shall terminate upon revocation by the
    23  [board] commission or upon termination of the contract between
    24  the concessionaire and the city or authority.
    25     (e)  The annual fee for a trade show and convention license
    26  shall be six hundred dollars ($600), and shall accompany the
    27  application for the license. Whenever a concessionaire's
    28  contract terminates the license shall be returned to the [board]
    29  commission for cancellation and a new license shall be issued to
    30  a new applicant.
    19870H1000B1366                 - 65 -

     1     (f)  The penal sum of the bond which shall be filed by an
     2  applicant for a trade show and convention license pursuant to
     3  section 465 of this article shall be two thousand dollars
     4  ($2,000) and in addition thereto he shall file an additional
     5  bond in a sum to assure payment of any suspension of license up
     6  to one hundred days.
     7     (g)  Sales by the holder of a trade show and convention
     8  license may be made except to those persons prohibited under
     9  clause (1) of section 493 of this act on city-owned or
    10  authority-owned, leased or operated premises customarily used or
    11  available for use for trade shows and conventions during the
    12  hours in which the convention or trade show is being held and up
    13  to one hour after the scheduled closing, and at functions which
    14  are incidental to or a part of the trade show or convention, but
    15  such sales may not be made beyond the hours expressed in the act
    16  for the sale of liquor by restaurant licensees: Provided,
    17  however, That during the hours expressed in this act for the
    18  sale of liquor by hotel licensees, sales of such liquor or malt
    19  or brewed beverages may be made by said licensee at banquets,
    20  not incidental to trade shows or conventions, at which more than
    21  two thousand persons are scheduled to attend, and at functions
    22  irrespective of attendance, which are directly related to the
    23  Philadelphia Commercial Museum or the Center for International
    24  Visitors: And provided further, That no such sale shall be made
    25  at any sporting, athletic or theatrical event.
    26     (h)  Whenever a contract is terminated prior to the
    27  expiration date provided in the contract between the city or
    28  authority and the concessionaire, the city or authority may
    29  select and certify to the [board] commission a different
    30  concessionaire which concessionaire shall apply to the [board]
    19870H1000B1366                 - 66 -

     1  commission for a new license. If the applicant meets the
     2  requirements of the [board] commission as herein provided a new
     3  license shall thereupon be issued.
     4     (i)  If any trade show and convention license is suspended,
     5  the offer in compromise shall be accepted at the same rate as
     6  provided for existing restaurant liquor licenses not in excess
     7  of one hundred days. If any trade show and convention license is
     8  revoked, the [board] commission shall issue a new license to any
     9  qualified applicant without regard to the prohibition in section
    10  471 against the grant of license at the same premises for a
    11  period of at least one year.
    12     Section 32.  Section 408.2 of the act, added November 25,
    13  1970 (P.L.770, No.255) and amended June 9, 1972 (P.L.379,
    14  No.108), is reenacted and amended to read:
    15     Section 408.2.  City-Owned Stadia.--(a)  The [board]
    16  commission is authorized to issue a license in any city of the
    17  first class for the retail sale of liquor and malt or brewed
    18  beverages by the glass, open bottles or other container or in
    19  any mixture for consumption in any restaurant on city-owned
    20  premises principally utilized for competition of professional
    21  and amateur athletes and other types of entertainment where
    22  there is an available seating capacity within the premises of
    23  twelve thousand or more.
    24     (b)  The application for a city-owned stadium license may be
    25  filed at any time by a concessionaire selected and certified by
    26  the city or its authorized agency and shall conform with all
    27  requirements for restaurant-liquor licenses and applications
    28  except as may otherwise be provided herein. Applicant shall
    29  submit such other information as the [board] commission may
    30  require. Applications shall be in writing on forms prescribed by
    19870H1000B1366                 - 67 -

     1  the [board] commission and shall be signed and submitted to the
     2  [board] commission by the applicant. The filing fee which shall
     3  accompany the license application shall be twenty dollars ($20).
     4     (c)  Upon receipt of the application in proper form and the
     5  application fee and upon being satisfied that the applicant is
     6  of good repute and financially responsible and that the proposed
     7  place of business is proper, the [board] commission shall issue
     8  a license to the applicant.
     9     (d)  The license shall be issued for the same period of time
    10  as provided for restaurant licenses and shall be renewed as
    11  provided in section 402. The license shall terminate upon
    12  revocation by the [board] commission or upon termination of the
    13  contract between the concessionaire and the city.
    14     (e)  The annual fee for a stadium license shall be six
    15  hundred dollars ($600), and shall accompany the application for
    16  the license. Whenever a concessionaire's contract terminates the
    17  license shall be returned to the [board] commission for
    18  cancellation and a new license shall be issued to a new
    19  applicant.
    20     (f)  The penal sum of the bond which shall be filed by an
    21  applicant for a stadium license pursuant to section 465 of the
    22  "Liquor Code" shall be two thousand dollars ($2,000) and in
    23  addition thereto he shall file an additional bond in a sum to
    24  assure payment of any fine imposed by the [board] commission up
    25  to one thousand dollars ($1,000).
    26     (g)  Sales by the holder of a stadium license may be made
    27  except to those persons prohibited under clause (1) of section
    28  493 of this act on city-owned premises customarily used or
    29  available for use for competition of professional and amateur
    30  athletes and other types of entertainment during the hours in
    19870H1000B1366                 - 68 -

     1  which the entertainment is being held and up to one hour after
     2  the scheduled closing, and at functions which are incidental to
     3  or part of the stadium activities, but such sales may not be
     4  made beyond the hours expressed in the code for the sale of
     5  liquor by restaurant licensees: Provided, however, That such
     6  sales may be made on Sunday between the hours of twelve o'clock
     7  noon and ten o'clock postmeridian: And provided further, That
     8  during the hours expressed in this act for the sale of liquor by
     9  hotel licensees, sales of such liquor or malt or brewed
    10  beverages may be made by said licensee at banquets, not
    11  incidental to stadium activities, at which more than two
    12  thousand persons are scheduled to attend, and at functions
    13  irrespective of attendance, which are directly related to stadia
    14  purposes.
    15     (h)  Whenever a contract is terminated prior to the
    16  expiration date provided in the contract between the city and
    17  the concessionaire, the city may select and certify to the
    18  [board] commission a different concessionaire which
    19  concessionaire shall apply to the [board] commission for a new
    20  license. If the applicant meets the requirements of the [board]
    21  commission as herein provided a new license shall thereupon be
    22  issued. If any stadium license is revoked, the [board]
    23  commission shall issue a new license to any qualified applicant
    24  without regard to the prohibition in section 471, against the
    25  grant of a license at the same premises for a period of at least
    26  one year.
    27     Section 33.  Section 408.3 of the act, amended December 16,
    28  1982 (P.L.1359, No.311), is reenacted and amended to read:
    29     Section 408.3.  Performing Arts Facilities.--(a)  The [board]
    30  commission is authorized to issue a license to one nonprofit
    19870H1000B1366                 - 69 -

     1  corporation operating a theater for the performing arts in each
     2  city of the first or second class which has seating
     3  accommodations for at least twenty-seven hundred persons except
     4  where prohibited by local option for the retail sale of liquor
     5  and malt or brewed beverages by the glass, open bottle or other
     6  container or in any mixture for consumption in any such theater
     7  for the performing arts.
     8     (a.1)  The [board] commission is authorized to issue licenses
     9  to operators of theaters for the performing arts, other than a
    10  theater qualifying under subsection (a), which are permanently
    11  located at a single site and which have seating accommodations,
    12  affixed to the theater structure, for at least twenty-eight
    13  hundred persons except where prohibited by local option for the
    14  retail sale of liquor and malt or brewed beverages by the glass,
    15  open bottle, or other container or in any mixture for
    16  consumption in any such theater for the performing arts.
    17     (b)  The application for a performing arts facility license
    18  may be filed at any time by a nonprofit corporation operating
    19  such a theater for the performing arts or by a concessionaire
    20  selected by such nonprofit corporation and shall conform with
    21  all requirements for restaurant liquor licenses and applications
    22  except as may otherwise be provided herein. Applicant shall
    23  submit such other information as the [board] commission may
    24  require. Applications shall be in writing on forms prescribed by
    25  the [board] commission and shall be signed and submitted to the
    26  [board] commission by the applicant. The filing fee shall
    27  accompany the license application.
    28     (b.1)  A performing arts facility referred to in subsection
    29  (a.1) must be in operation for a period of two (2) years before
    30  it may file an application for a license. The application for a
    19870H1000B1366                 - 70 -

     1  performing arts facility license may be filed at any time
     2  thereafter by the operator or a concessionaire selected by the
     3  operator of such theater for the performing arts and shall
     4  conform with all requirements for restaurant liquor licenses and
     5  applications except as may be otherwise provided herein.
     6  Applicants shall submit such other information as the [board]
     7  commission may require. Applications shall be in writing on
     8  forms prescribed by the [board] commission and shall be signed
     9  and submitted to the [board] commission by the applicant. The
    10  filing fee shall accompany the license application.
    11     (b.2)  The filing fee which is prescribed in clause (19) of
    12  section 614-A of the act of April 9, 1929 (P.L.177, No.175),
    13  known as "The Administrative Code of 1929," shall accompany the
    14  license application filed under subsection (b) or (b.1).
    15     (c)  Upon receipt of the application in proper form and the
    16  application fee and upon being satisfied that the applicant is
    17  of good repute and financially responsible and that the proposed
    18  place of business is proper, the [board] commission shall issue
    19  a license to the applicant.
    20     (d)  The license shall be issued for the same period of time
    21  as provided for restaurant licenses and shall be renewed as
    22  provided in section 402. The license shall terminate upon
    23  revocation by the [board] commission or upon termination of the
    24  contract between the concessionaire and the operator of such
    25  theater for the performing arts.
    26     (e)  The annual fee for a performing arts facility shall
    27  accompany the application for the license and shall be as
    28  prescribed in clause (19) of section 614-A of "The
    29  Administrative Code of 1929." Whenever and if a concessionaire's
    30  contract terminates the license shall be returned to the [board]
    19870H1000B1366                 - 71 -

     1  commission for cancellation and a new license shall be issued to
     2  a new applicant.
     3     (f)  The penal sum of the bond which shall be filed by an
     4  applicant for a performing arts facility pursuant to section 465
     5  of the "Liquor Code" shall be two thousand dollars ($2,000).
     6     (g)  Sales by the holder of a performing arts facility
     7  license may be made except to those persons prohibited under
     8  clause (1) of section 493 of this act on the premises of such a
     9  theater for the performing arts during the hours expressed in
    10  the code for the sale of liquor and malt and brewed beverages by
    11  restaurant licensees, and the license may be used for such sales
    12  on Sundays between the hours of 1:00 P.M. and 10:00 P.M.,
    13  irrespective of the volume of food sales.
    14     (g.1)  Sales by the holder of a performing arts facility
    15  license referred to in subsection (a.1) shall be further
    16  restricted to the period of time beginning one (1) hour before
    17  and ending one (1) hour after any presentation at the performing
    18  arts facility.
    19     (h)  Whenever a contract with a concessionaire is terminated
    20  prior to the expiration date provided in the contract between
    21  such operator and the concessionaire, operator may select and
    22  certify to the [board] commission a different concessionaire
    23  which concessionaire shall apply to the [board] commission for a
    24  new license. If the applicant meets the requirements of the
    25  [board] commission as herein provided a new license shall
    26  thereupon be issued. If any such performing arts facility
    27  license is revoked, the [board] commission shall issue a new
    28  license to any qualified applicant without regard to the
    29  prohibition in section 471, against the grant of a license at
    30  the same premises for a period of at least one (1) year.
    19870H1000B1366                 - 72 -

     1     (i)  Licenses issued under the provisions of this section
     2  shall not be subject to the quota restrictions of section 461 of
     3  this act.
     4     (j)  Performing arts facility licenses referred to in
     5  subsection (a) shall not be subject to the provisions of section
     6  404 except in so far as they relate to the reputation of the
     7  applicant nor to the provisions of sections 461 and 463 nor to
     8  the provisions of clause (10) of section 493 of the "Liquor
     9  Code."
    10     (j.1)  Performing arts facilities referred to in subsection
    11  (a.1) shall not be subject to the provisions of section 463 nor
    12  to the provision requiring a special permit for dancing,
    13  theatricals or floor shows of any sort, or moving pictures other
    14  than television in clause (10) of section 493 of the "Liquor
    15  Code."
    16     (k)  Sales under such licenses (including food sales) may be
    17  limited by the licensee to patrons of the events scheduled in
    18  the theater of the performing arts. Provided food is offered for
    19  sale when sales are made under the license, such food may be
    20  catered from off the premises.
    21     Section 34.  Section 408.4 of the act, amended July 11, 1980
    22  (P.L.558, No.117), July 9, 1984 (P.L.659, No.137) and July 3,
    23  1985 (P.L.134, No.36), is reenacted and amended to read:
    24     Section 408.4.  Special Occasion Permits.--(a)  Upon
    25  application of any hospital, church, synagogue, volunteer fire
    26  company, bona fide sportsmen's club in existence for at least
    27  ten years and upon payment of a fee of fifteen dollars ($15) per
    28  day, the [board] commission shall issue a special occasion
    29  permit good for a period of not more than five consecutive days.
    30  Special occasion permits may also be issued to a museum operated
    19870H1000B1366                 - 73 -

     1  by a nonprofit corporation in a city of the third class or a
     2  nonprofit corporation engaged in the performing arts in a city
     3  of the third class for a period of not more than six
     4  nonconsecutive or ten consecutive days at a fee of fifteen
     5  dollars ($15) per day.
     6     (b)  In any city, borough, incorporated town or township in
     7  which the sale of liquor and/or malt or brewed beverages has
     8  been approved by the electorate, such special occasion permit
     9  shall authorize the permittee to sell liquor and/or malt or
    10  brewed beverages as the case may be to any adult person on any
    11  day for which the permit is issued.
    12     (c)  Such special occasion permit shall only be valid for the
    13  number of days stated in the permit. Only one permit may be
    14  issued to any permittee during the year. Provided, that a museum
    15  operated by a nonprofit corporation in a city of the third class
    16  and a nonprofit corporation engaged in the performing arts in a
    17  city of the third class may be issued no more than six permits
    18  during the year, each permit being valid for only one day, or in
    19  the alternative, one permit valid for no more than a total of
    20  ten consecutive days per year, which may be issued only during
    21  the month of August. NOTWITHSTANDING THIS SUBSECTION, TWO         <--
    22  SPECIAL OCCASION PERMITS PER CALENDAR YEAR MAY BE ISSUED TO THE
    23  SAME HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE COMPANY OR BONA
    24  FIDE SPORTSMEN'S CLUB.
    25     (d)  Such permits shall only be issued for use at a special
    26  event including, but not limited to bazaars, picnics and
    27  clambakes. The special event must be one which is used by the
    28  permittee as a means of raising funds for itself.
    29     (d.1)  The hours during which the holder of a special
    30  occasion permit may sell liquor or malt or brewed beverages
    19870H1000B1366                 - 74 -

     1  shall be limited to the hours set forth in section 406 which are
     2  applicable to hotel and restaurant licensees. The hours during
     3  which a nonprofit corporation engaged in the performing arts in
     4  a city of the third class may sell liquor or malt or brewed
     5  beverages pursuant to a special occasion permit shall be limited
     6  to those hours set forth in section 408.3(g.1).
     7     (d.2)  At least forty-eight hours prior to the sale of any
     8  liquor or malt or brewed beverages, the holder of a special
     9  occasion permit shall notify the local police department, or in
    10  the absence of a local police department, the Pennsylvania State
    11  Police, of the times when and place where the sale of liquor or
    12  malt or brewed beverages shall occur.
    13     (e)  The provisions of this section shall not be applicable
    14  to any licensee now or hereafter possessing a caterer's license,
    15  nor to any professional fund raiser.
    16     (f)  Any person selling liquor or malt or brewed beverages in
    17  violation of this section shall, upon summary conviction, be
    18  sentenced to pay a fine of two hundred fifty dollars ($250) for
    19  the first offense and a fine of five hundred dollars ($500) for
    20  each subsequent offense. This fine shall be in addition to any
    21  other penalty imposed by law for the illegal sale of malt or
    22  brewed beverages.
    23     Section 35.  Section 408.5 of the act, amended July 9, 1976
    24  (P.L.527, No.125), is reenacted and amended to read:
    25     Section 408.5.  Licenses for City-owned Art Museums, Cities
    26  First Class and Art Museums Maintained by Certain Non-profit
    27  Corporations in Cities of the Second Class.--(a)  The [board]
    28  commission is authorized to issue a license in any city of the
    29  first class for the retail sale of liquor and malt or brewed
    30  beverages by the glass, open bottles or other container, and in
    19870H1000B1366                 - 75 -

     1  any mixture, for consumption in any city-owned art museum or in
     2  any art museum maintained by a non-profit corporation in cities
     3  of the second class. For the purpose of this section "non-profit
     4  corporation" shall mean a corporation organized under the non-
     5  profit corporation laws for the benefit of the public and not
     6  for the mutual benefit of its members, and which maintains an
     7  art museum having a floor area of not less than one hundred
     8  thousand square feet in one building.
     9     (b)  The application for a license may be filed at any time
    10  by the city, the non-profit corporation or lessee. The
    11  application may also be filed by a concessionaire selected and
    12  certified by the city or the non-profit corporation. The
    13  application shall conform with all requirements for restaurant
    14  liquor licenses and applications except as may otherwise be
    15  provided herein. Applicant shall submit such other information
    16  as the may require. The application shall be in writing on forms
    17  prescribed by the and shall be signed and submitted to the by
    18  the applicant. A filing fee of twenty dollars ($20) shall
    19  accompany the license application.
    20     (c)  Upon receipt of the application in proper form with 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 shall issue a license to the
    24  applicant.
    25     (d)  The license shall be issued for the same period of time
    26  as provided for restaurant licensees and shall be renewed as
    27  provided in section 402. The license shall terminate upon
    28  revocation by the or upon termination of the lease or upon
    29  termination of the contract between the concessionaire and the
    30  city or the non-profit corporation.
    19870H1000B1366                 - 76 -

     1     (g)  Sales by the holder of an art museum license may be made
     2  except to those persons prohibited by this act on premises used
     3  for art museum purposes, but such sales may not be made beyond
     4  the hours expressed in this act for the sale of liquor by
     5  restaurant licenses. However, sales of liquor or malt or brewed
     6  beverages may be made by an art museum licensee at banquets at
     7  which more than five hundred persons are scheduled to attend and
     8  at any other function which is directly related to art museum
     9  purposes.
    10     (h)  Whenever a lease or a concession contract is terminated
    11  prior to the expiration date provided in the lease or contract
    12  between the city or the non-profit corporation and the tenant or
    13  concessionaire, the city or the non-profit corporation may
    14  select and certify to the [board] commission a different
    15  licensee or concessionaire who may then apply to the [board]
    16  commission for a new license. If the applicant meets the
    17  requirements of the [board] commission as herein provided a new
    18  license shall thereupon be issued.
    19     (i)  If the [board] commission shall revoke any art museum
    20  license, the [board] commission shall issue a new license to any
    21  qualified applicant without regard to the prohibition in section
    22  471 against the grant of a license at the same premises for a
    23  period of at least one year.
    24     (i.1)  Any renewal of a license presently held by a city-
    25  owned art museum in a city of the first class shall be
    26  accomplished by the purchase of a license from an existing
    27  licensee.
    28     (i.2)  An art museum maintained by a non-profit corporation
    29  or corporations in a city of the second class which obtains
    30  approval of its application for a license from the [board]
    19870H1000B1366                 - 77 -

     1  commission shall purchase a license from an existing licensee.
     2     (j)  The provisions of this act shall supersede or exempt any
     3  provision of the Liquor Code which would prevent the issuance of
     4  a license for the retail sale of liquor and malt or brewed
     5  beverages upon any premises owned by the city of the first class
     6  or by a non-profit corporation in a city of the second class
     7  used for art museum purposes.
     8     Section 36.  Section 408.6 of the act, added July 11, 1980
     9  (P.L.558, No.117), is reenacted and amended to read:
    10     Section 408.6.  Performing Arts Facilities in Third Class
    11  Cities.--(a)  The [board] commission is authorized to issue a
    12  restaurant liquor license to a nonprofit corporation or to a
    13  concessionaire selected by such nonprofit corporation in any
    14  city of the third class for the retail sale of liquor and malt
    15  or brewed beverages by the glass, open bottles or other
    16  container or in any mixture for consumption on any city-owned
    17  premises utilized as a nonprofit performing arts facility or any
    18  other premises utilized as a nonprofit performing arts facility
    19  where there is an available seating capacity within the premises
    20  of one thousand or more: Provided, however, That no sale or
    21  consumption of such beverages shall take place on any portions
    22  of such premises other than service areas approved by the
    23  [board] commission.
    24     (b)  An application for the issuance may be filed at any time
    25  by a nonprofit corporation operating such a theater for the
    26  performing arts or by a concessionaire selected by such
    27  nonprofit corporation. Any such license granted under these
    28  provisions need not conform to the requirements of the act
    29  relating to restaurant liquor licenses, except as provided
    30  herein. Applicant shall submit such other information as the
    19870H1000B1366                 - 78 -

     1  [board] commission may require. Applications shall be in writing
     2  on forms prescribed by the [board] commission and shall be
     3  signed and submitted to the [board] commission by the applicant.
     4  The filing fee which shall accompany the license application
     5  shall be thirty dollars ($30).
     6     (c)  Upon receipt of the application in proper form and the
     7  application fee and upon being satisfied that the applicant is
     8  of good repute and financially responsible and that the proposed
     9  place of business is proper, the [board] commission shall issue
    10  the restaurant liquor license for the performing arts facility.
    11     (d)  The license shall be issued for the same period of time
    12  as provided for restaurant licenses and shall be renewed as
    13  provided in section 402. The license shall terminate upon
    14  revocation by the [board] commission or upon termination and
    15  nonrenewal of the contract between the concessionaire and such
    16  nonprofit corporation.
    17     (e)  The annual fee for a performing arts facility shall be
    18  as provided in section 405 and shall accompany the application
    19  for the license. Whenever and if a concessionaire's contract
    20  terminates and is not renewed the license shall be returned to
    21  the for cancellation but the [board] commission may issue a
    22  restaurant liquor license to a subsequent applicant.
    23     (f)  The penal sum of the bond which shall be filed by an
    24  applicant for a performing arts facility pursuant to section 465
    25  shall be two thousand dollars ($2,000).
    26     (g)  Sales by the holder of a performing arts facility
    27  license may be made except to those persons prohibited under
    28  clause (1) of section 493 on [board-approved] commission-
    29  approved service areas of the premises of such a facility for
    30  the performing arts during the hours in which the performance is
    19870H1000B1366                 - 79 -

     1  being held and up to one hour before the scheduled opening and
     2  one hour after the scheduled closing, but such sales may not be
     3  made beyond the hours expressed in the code for the sale of
     4  liquor and malt or brewed beverages by restaurant licensees:
     5  Provided, however, That such sales may be made on Sunday between
     6  the hours of one o'clock postmeridian and ten o'clock
     7  postmeridian, irrespective of the volume of food sales.
     8     (h)  Whenever a contract with a concessionaire is terminated
     9  prior to the expiration date provided in the contract between
    10  such nonprofit corporation and the concessionaire and is not
    11  renewed, such nonprofit corporation may apply to the [board]
    12  commission for the issuance of a restaurant liquor license or
    13  may select and certify to the [board] commission a different
    14  concessionaire which concessionaire shall apply to the for the
    15  issuance of a restaurant liquor license. If the applicant meets
    16  the requirements of the [board] commission as herein provided,
    17  the issuance shall thereupon occur. If any such performing arts
    18  facility license is revoked, the [board] commission shall issue
    19  a new license to any qualified applicant without regard to the
    20  prohibition in section 471, against the grant of a license at
    21  the same premises for a period of at least one year.
    22     (i)  Licenses issued under the provisions of this section
    23  shall not be subject to the quota restrictions of section 461.
    24     (j)  Performing arts licenses shall not be subject to the
    25  provisions of section 404 except insofar as they relate to the
    26  reputation of the applicant nor to the provisions of sections
    27  461 and 463, nor to the provisions of clause (10) of section
    28  493.
    29     (k)  Sales under such licenses (including food sales) may be
    30  limited by the licensee to patrons of the events scheduled in
    19870H1000B1366                 - 80 -

     1  the facility of the performing arts. Provided food is offered
     2  for sale when sales are made under the license, such food may be
     3  catered from off the premises.
     4     Section 37.  Section 408.7 of the act, added December 12,
     5  1980 (P.L.1195, No.221), is reenacted and amended to read:
     6     Section 408.7.  Performing Arts Facilities in First and
     7  Second Class Cities.--(a)  The [board] commission is authorized
     8  to transfer a restaurant liquor license purchased by any person
     9  or by a concessionaire selected by such person in any city of
    10  the first or second class for the retail sale of liquor and malt
    11  or brewed beverages by the glass, open bottles or other
    12  container or in any mixture for consumption on any city-owned
    13  premises utilized as a performing arts facility or any other
    14  premise utilized as a performing arts facility where there is an
    15  available seating capacity within the premises of one thousand
    16  or more: Provided, however, That no sale or consumption of such
    17  beverages shall take place on any portions of such premises
    18  other than service areas approved by the [board] commission.
    19     (b)  An application for transfer may be filed at any time by
    20  a person operating such a theater for the performing arts or by
    21  a concessionaire selected by such person. Any such license
    22  granted under these provisions need not conform to the
    23  requirements of the act relating to restaurant liquor licenses,
    24  except as provided herein. Applicant shall submit such other
    25  information as the [board] commission may require. Applications
    26  shall be in writing on forms prescribed by the [board]
    27  commission and shall be signed and submitted to the [board]
    28  commission by the applicant. The filing fee which shall
    29  accompany the license transfer application shall be thirty
    30  dollars ($30).
    19870H1000B1366                 - 81 -

     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
     5  transfer the restaurant liquor license for the performing arts
     6  facility.
     7     (d)  The license shall be transferred for the same period of
     8  time as provided for restaurant licenses and shall be renewed as
     9  provided in section 402. The license shall terminate upon
    10  revocation by the [board] commission or upon termination and
    11  nonrenewal of the contract between the concessionaire and such
    12  person.
    13     (e)  The annual fee for a performing arts facility shall be
    14  as provided in section 405 and shall accompany the application
    15  for the license. Whenever and if a concessionaire's contract
    16  terminates and is not renewed the license shall be returned to
    17  the for cancellation and the [board] commission may transfer a
    18  restaurant liquor license purchased by a subsequent applicant.
    19     (f)  The penal sum of the bond which shall be filed by an
    20  applicant for a performing arts facility pursuant to section 465
    21  shall be two thousand dollars ($2,000).
    22     (g)  Sales by the holder of a performing arts facility
    23  license may be made except to those persons prohibited under
    24  clause (1) of section 493 on [board-approved] commission-
    25  approved service areas of the premises of such a facility for
    26  the performing arts during the hours in which the performance is
    27  being held and up to one hour before the scheduled opening and
    28  one hour after the scheduled closing, but such sales may not be
    29  made beyond the hours expressed in the code for the sale of
    30  liquor and malt or brewed beverages by restaurant licensees:
    19870H1000B1366                 - 82 -

     1  Provided, however, That such sales may be made on Sunday between
     2  the hours of one o'clock postmeridian and ten o'clock
     3  postmeridian, irrespective of the volume of food sales.
     4     (h)  Whenever a contract with a concessionaire is terminated
     5  prior to the expiration date provided in the contract between
     6  such person and the concessionaire and is not renewed, such
     7  person may apply to the [board] commission for the transfer of a
     8  restaurant liquor license purchased by such person, or may
     9  select and certify to the [board] commission a different
    10  concessionaire which concessionaire shall apply to the [board]
    11  commission for the transfer of a restaurant liquor license
    12  purchased by such concessionaire. If the applicant meets the
    13  requirements of the [board] commission as herein provided, a
    14  transfer shall thereupon occur. If any such performing arts
    15  facility license is revoked, the [board] commission shall
    16  transfer a license for any qualified applicant who has purchased
    17  a restaurant liquor license without regard to the prohibition in
    18  section 471, against the grant of a license at the same premises
    19  for a period of at least one year.
    20     (i)  Performing arts licenses shall not be subject to the
    21  provisions of section 404 except insofar as they relate to the
    22  reputation of the applicant nor to the provisions of section
    23  463, nor to the provisions of clause (10) of section 493.
    24     (j)  Sales under such licenses (including food sales) may be
    25  limited by the licensee to portions of the events scheduled in
    26  the facility of the performing arts. Provided food is offered
    27  for sale when sales are made under the license, such food may be
    28  catered from off the premises.
    29     Section 38.  Section 408.8 of the act, added December 17,
    30  1982 (P.L.1390, No.319), is reenacted and amended to read:
    19870H1000B1366                 - 83 -

     1     Section 408.8.  Trade Shows and Convention Licenses; Cities
     2  of the Third Class.--(a)  The [board] commission is authorized
     3  to issue a restaurant liquor license to a nonprofit corporation
     4  or to a concessionaire selected by such nonprofit corporation in
     5  any city of the third class for the retail sale of liquor and
     6  malt or brewed beverages by the glass, open bottles or other
     7  container or in any mixture for consumption on any city-owned
     8  premises customarily used or available for use for trade shows
     9  and conventions with a capacity within the premises for one
    10  thousand people or more: Provided, however, That no sale or
    11  consumption of such beverages shall take place on any portions
    12  of such premises other than service areas approved by the
    13  [board] commission.
    14     (b)  An application for the issuance may be filed at any time
    15  by a nonprofit corporation operating such a facility for trade
    16  shows or conventions or by a concessionaire selected by such
    17  nonprofit corporation. Any such license granted under these
    18  provisions need not conform to the requirements of the act
    19  relating to restaurant liquor licenses, except as provided
    20  herein. Applicant shall submit such other information as the
    21  [board] commission may require. Applications shall be in writing
    22  on forms prescribed by the [board] commission and shall be
    23  signed and submitted to the [board] commission by the applicant.
    24  The filing fee which shall accompany the license application
    25  shall be thirty dollars ($30).
    26     (c)  Upon receipt of the application in proper form and the
    27  application fee, and upon being satisfied that the applicant is
    28  of good repute and financially responsible and that the proposed
    29  place of business is proper, the [board] commission shall issue
    30  the restaurant liquor license for the trade show or convention
    19870H1000B1366                 - 84 -

     1  facility.
     2     (d)  The license shall be issued for the same period of time
     3  as provided for restaurant licenses and shall be renewed as
     4  provided in section 402. The license shall terminate upon
     5  revocation by the [board] commission or upon termination and
     6  nonrenewal of the contract between the concessionaire and such
     7  nonprofit corporation.
     8     (e)  The annual fee for a trade show or convention facility
     9  shall be as provided in section 405 and shall accompany the
    10  application for the license. Whenever and if a concessionaire's
    11  contract terminates and is not renewed, the license shall be
    12  returned to the [board] commission for cancellation but the
    13  [board] commission may issue a restaurant liquor license to a
    14  subsequent application.
    15     (f)  The penal sum of the bond which shall be filed by an
    16  applicant for a trade show or convention facility pursuant to
    17  section 465 shall be two thousand dollars ($2,000).
    18     (g)  Sales by the holder of a trade show or convention
    19  facility license may be made except to those persons prohibited
    20  under clause (1) of section 493 on [board-approved] commission-
    21  approved service areas of the premises of such a facility for
    22  trade shows or conventions during the hours in which the trade
    23  show or convention is being held and up to one hour before the
    24  scheduled opening and one hour after the scheduled closing, but
    25  such sales may not be made beyond the hours expressed in the
    26  code for the sale of liquor and malt or brewed beverages by
    27  restaurant licensees: Provided, however, That such sales may be
    28  made on Sunday between the hours of one o'clock postmeridian and
    29  ten o'clock postmeridian, irrespective of the volume of food
    30  sales.
    19870H1000B1366                 - 85 -

     1     (h)  Whenever a contract with a concessionaire is terminated
     2  prior to the expiration date provided in the contract between
     3  such nonprofit corporation and the concessionaire and is not
     4  renewed, such nonprofit corporation may apply to the [board]
     5  commission for the issuance of a restaurant liquor license or
     6  may select and certify to the [board] commission a different
     7  concessionaire which concessionaire shall apply to the [board]
     8  commission for issuance of a restaurant liquor license. If the
     9  applicant meets the requirements of the [board] commission as
    10  herein provided, the issuance shall thereupon occur. If any such
    11  trade show or convention license is revoked, the [board]
    12  commission shall issue a new license to any qualified applicant
    13  without regard to the prohibition in section 471 against the
    14  grant of a license at the same premises for a period of at least
    15  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)  Trade show or convention licenses shall not be subject
    19  to the provisions of section 404 except insofar as they relate
    20  to the reputation of the applicant nor to the provisions of
    21  sections 461 and 463 nor to the provisions of clause (10) of
    22  section 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 for trade shows or conventions. Provided food is
    26  offered for sale when sales are made under the license, such
    27  food may be catered from off the premises.
    28     Section 39.  Section 408.9 of the act, added May 9, 1984
    29  (P.L.246, No.54), is reenacted and amended to read:
    30     Section 408.9.  Stadium and Restaurant Licenses in Third
    19870H1000B1366                 - 86 -

     1  Class Cities.--The [board] commission is authorized to issue one
     2  restaurant license in any city of the third class for the retail
     3  sale of liquor and malt or brewed beverages by the glass, open
     4  bottles or other containers, and in any mixture, for consumption
     5  in any restaurant which is located not more than one thousand
     6  feet from a stadium which has a seating capacity of five
     7  thousand persons, situate on the same lot or parcel of land not
     8  less than twenty-five acres in size with no intervening public
     9  thoroughfare between the restaurant and the stadium.
    10     Section 40.  Section 409 of the act, amended February 17,
    11  1956 (1955 P.L.1078, No.349) and September 28, 1961 (P.L.1728,
    12  No.702), is reenacted and amended to read:
    13     Section 409.  Sacramental Wine Licenses; Fees; Privileges;
    14  Restrictions.--(a)  Subject to the provisions of this act in
    15  general and more particularly to the following provisions of
    16  this section, the [board] commission shall issue sacramental
    17  wine licenses to qualified applicants.
    18     (b)  Every applicant for a sacramental wine license shall
    19  file a written application with the [board] commission in such
    20  form as the [board] commission shall from time to time
    21  prescribe, which shall be accompanied by a filing fee of twenty
    22  dollars ($20), a license fee of one hundred dollars, and a bond
    23  as hereinafter prescribed. Every such application shall contain
    24  a description of the premises for which the applicant desires a
    25  license and shall set forth such other material information as
    26  may be required by the [board] commission.
    27     (c)  If the applicant is a natural person, his application
    28  must show that he is a citizen of the United States and a
    29  resident of this Commonwealth. If the applicant is an
    30  association or partnership, each and every member of the
    19870H1000B1366                 - 87 -

     1  association or partnership must be a citizen of the United
     2  States and a resident of this Commonwealth. If the applicant is
     3  a corporation, the application must show that the corporation
     4  was created under the laws of Pennsylvania or holds a
     5  certificate of authority to transact business in Pennsylvania,
     6  and that all officers, directors and stockholders are citizens
     7  of the United States.
     8     (d)  Holders of such licenses may purchase from manufacturers
     9  or bring or import into this Commonwealth wine to be used for
    10  sacramental or religious purposes only, and bottle and sell the
    11  same to priests, clergymen and rabbis for use in the cathedral,
    12  church, synagogue or temple, or for sustaining members of the
    13  congregation or members of the faith who attend religious
    14  services, duly certified by such priests, clergymen or rabbis.
    15  The sale and use of wine for sacramental or religious purposes
    16  shall be subject to and in accordance with the regulations of
    17  the [board] commission.
    18     (e)  Any wine purchased under the authority of this section
    19  shall not be used for any other than sacramental or religious
    20  purposes. Sacramental wine may not be sold by any person except
    21  the holder of a sacramental wine license.
    22     (f)  Every sacramental wine licensee shall maintain on the
    23  licensed premises such records as the [board] commission may
    24  prescribe. No deliveries of sacramental wine shall be made
    25  unless and until an order therefor is on file at the principal
    26  place of business in Pennsylvania. All shipments into
    27  Pennsylvania of wine to be used for sacramental or religious
    28  purposes shall be consigned to the principal place of business
    29  maintained by the licensee.
    30     (g)  Any such license may be suspended or revoked by the
    19870H1000B1366                 - 88 -

     1  [board] commission upon proof satisfactory to it that the
     2  licensee has violated any law of this Commonwealth or any
     3  regulation of the [board] commission relating to liquor and
     4  alcohol. The procedure in such cases shall be the same as for
     5  the revocation and suspension of hotel, restaurant and club
     6  licenses.
     7     Section 41.  Section 410 of the act, amended September 28,
     8  1961 (P.L.1728, No.702), is reenacted and amended to read:
     9     Section 410.  Liquor Importers' Licenses; Fees; Privileges;
    10  Restrictions.--(a)  Subject to the provisions of this act in
    11  general and more particularly to the following provisions of
    12  this section, the [board] commission shall issue liquor
    13  importers' licenses to qualified applicants.
    14     (b)  Every applicant for an importer's license shall file a
    15  written application with the [board] commission in such form as
    16  the shall from time to time prescribe, which shall be
    17  accompanied by a filing fee of twenty dollars ($20), a license
    18  fee of one hundred dollars, and a bond as hereinafter required.
    19  Every such application shall contain a description of the
    20  principal place of business for which the applicant desires a
    21  license and shall set forth such other material information as
    22  may be required by the [board] commission.
    23     (c)  The holder of an importer's license may have included in
    24  such license one warehouse wherein only his liquor may be kept
    25  and stored, located in the same municipality in which his
    26  licensed premises is situate, and not elsewhere, unless such
    27  licensee secures from the [board] commission a license for each
    28  additional storage warehouse desired. The [board] commission is
    29  authorized and empowered to issue to a holder of an importer's
    30  license a license for an additional storage warehouse or
    19870H1000B1366                 - 89 -

     1  warehouses located in this Commonwealth, provided such licensed
     2  importer files with the [board] commission a separate
     3  application for each warehouse in such form and containing such
     4  information as the [board] commission may from time to time
     5  require, accompanied by a filing fee of twenty dollars ($20), a
     6  license fee of twenty-five dollars, and a bond of an approved
     7  surety company in the amount of ten thousand dollars. Such bond
     8  shall contain the same provisions and conditions as are required
     9  in the other license bonds under this article.
    10     (d)  If the applicant is a natural person, his application
    11  must show that he is a citizen of the United States and a
    12  resident of this Commonwealth. If the applicant is an
    13  association or partnership, each and every member of the
    14  association or partnership must be a citizen of the United
    15  States and a resident of this Commonwealth. If the applicant is
    16  a corporation, the application must show that the corporation
    17  was created under the laws of Pennsylvania or holds a
    18  certificate of authority to transact business in Pennsylvania,
    19  and that all officers, directors and stockholders are citizens
    20  of the United States.
    21     (e)  Importers' licenses shall permit the holders thereof to
    22  bring or import liquor from other states, foreign countries, or
    23  insular possessions of the United States, and purchase liquor
    24  from manufacturers located within this Commonwealth, to be sold
    25  outside of this Commonwealth or to Pennsylvania Liquor Stores
    26  within this Commonwealth, or when in original containers of ten
    27  gallons or greater capacity, to licensed manufacturers within
    28  this Commonwealth.
    29     All importations of liquor into Pennsylvania by the licensed
    30  importer shall be consigned to the [Pennsylvania Liquor Control
    19870H1000B1366                 - 90 -

     1  Board] commission or the principal place of business or
     2  authorized place of storage maintained by the licensee.
     3     (f)  Every importer shall maintain on the licensed premises
     4  such records as the [board] commission may prescribe. Any such
     5  license may be suspended or revoked by the [board] commission
     6  upon proof satisfactory to it that the licensee has violated any
     7  law of this Commonwealth or any regulation of the [board]
     8  commission relating to liquor and alcohol. The procedure in such
     9  cases shall be the same as for the revocation and suspension of
    10  hotel, restaurant and club licenses.
    11     Section 42.  Section 411 of the act, amended July 9, 1976
    12  (P.L.963, No.188), is reenacted to read:
    13     Section 411.  Interlocking Business Prohibited.--(a)  No
    14  manufacturer and no officer or director of any manufacturer
    15  shall at the same time be a holder of a hotel, restaurant or
    16  club liquor license, nor be the owner, proprietor or lessor of
    17  any place covered by any hotel, restaurant or club liquor
    18  license.
    19     (b)  No manufacturer, importer or sacramental wine licensee,
    20  and no officer or director of a manufacturer, importer or
    21  sacramental wine licensee shall own any stock or have any
    22  financial interest in any hotel or restaurant licensed under
    23  this act.
    24     (c)  Excepting as herein provided, no manufacturer, or
    25  officer, director, stockholder, agent or employe of a
    26  manufacturer shall in any wise be interested, either directly or
    27  indirectly, in the ownership or leasehold of any property or the
    28  equipment of any property or any mortgage lien against the same,
    29  for which a hotel, restaurant or club license is granted; nor
    30  shall a manufacturer, importer or sacramental wine licensee, or
    19870H1000B1366                 - 91 -

     1  officer, director, stockholder, agent or employe of a
     2  manufacturer, importer or sacramental wine licensee, either
     3  directly or indirectly, lend any moneys, credit, or give
     4  anything of value or the equivalent thereof to, or guarantee the
     5  payment of any bond, mortgage, note or other obligation of, any
     6  hotel, restaurant or club licensee, his servant, agent or
     7  employe, for equipping, fitting out, or maintaining and
     8  conducting, either in whole or in part, a hotel, restaurant or
     9  club licensed for the selling of liquor for use and consumption
    10  upon the premises.
    11     (d)  Excepting as herein provided, no hotel licensee,
    12  restaurant licensee or club licensee, and no officer, director,
    13  stockholder, agent or employe of any such licensee shall in any
    14  wise be interested, either directly or indirectly, in the
    15  ownership or leasehold of any property or the equipment of any
    16  property or any mortgage lien against the same, used by a
    17  manufacturer in manufacturing liquor or malt or brewed
    18  beverages; nor shall any hotel, restaurant or club licensee, or
    19  any officer, director, stockholder, agent or employe of any such
    20  licensee, either directly or indirectly, lend any moneys,
    21  credit, or give anything of value or the equivalent thereof, to
    22  any manufacturer for equipping, fitting out, or maintaining and
    23  conducting, either in whole or in part, an establishment used
    24  for the manufacture of liquor or malt or brewed beverages.
    25     (e)  Except as herein provided, no hotel, restaurant, retail
    26  dispenser or club licensee, and no officer, director or
    27  stockholder, agent or employe of any such licensee shall in any
    28  wise be interested, directly or indirectly, in the ownership or
    29  leasehold of any property or the equipment of any property or
    30  any mortgage lien against the same, used by a distributor,
    19870H1000B1366                 - 92 -

     1  importing distributor, or by an importer or sacramental wine
     2  licensee, in the conduct of his business; nor shall any hotel,
     3  restaurant, retail dispenser or club licensee, or any officer,
     4  director, stockholder, agent or employe of any such licensee,
     5  either directly or indirectly, lend any moneys, credit, or give
     6  anything of value or the equivalent thereof, to any distributor,
     7  importing distributor, importer or sacramental wine licensee,
     8  for equipping, fitting out, or maintaining and conducting,
     9  either in whole or in part, an establishment used in the conduct
    10  of his business.
    11     The purpose of this section is to require a separation of the
    12  financial and business interests between manufacturers and
    13  holders of hotel or restaurant liquor licenses and, as herein
    14  provided, of club licenses, issued under this article, and no
    15  person shall, by any device whatsoever, directly or indirectly,
    16  evade the provisions of the section. But in view of existing
    17  economic conditions, nothing contained in this section shall be
    18  construed to prohibit the ownership of property or conflicting
    19  interest by a manufacturer of any place occupied by a licensee
    20  under this article after the manufacturer has continuously owned
    21  and had a conflicting interest in such place for a period of at
    22  least five years prior to July eighteenth, one thousand nine
    23  hundred thirty-five: Provided, however, That this clause shall
    24  not prohibit any hotel, restaurant or club liquor licensee from
    25  owning land which is leased to, and the buildings thereon owned
    26  by, a holder of a retail dispenser's license; and nothing in
    27  this clause shall prevent the issuance of a retail dispenser's
    28  license to a lessee of such lands who owns the buildings
    29  thereon: And, provided further, That nothing contained in this
    30  section shall be construed to prohibit any hotel, restaurant,
    19870H1000B1366                 - 93 -

     1  retail dispenser or club licensee or any officer, director or
     2  stockholder, agent or employe of any such licensee from having a
     3  financial or other interest, directly or indirectly in the
     4  ownership or leasehold of any property or the equipment of any
     5  property or any mortgage lien against same, used, leased by an
     6  importer or sacramental wine licensee for the exclusive purpose
     7  of maintaining commercial offices and on the condition that said
     8  property is not used for the storage or sale of liquor or malt
     9  or brewed beverages in any quantity.
    10     Section 43.  The heading of Subdivision (B) of Article IV of
    11  the act is reenacted to read:
    12     (B)  Malt and Brewed Beverages (Including Manufacturers).
    13     Section 44.  Section 431 of the act, amended August 17, 1965
    14  (P.L.346, No.182), October 9, 1967 (P.L.395, No.179), May 5,
    15  1970 (P.L.342, No.110) and June 22, 1980 (P.L.253, No.73), is
    16  reenacted and amended to read:
    17     Section 431.  Malt and Brewed Beverages Manufacturers',
    18  Distributors' and Importing Distributors' Licenses.--(a)  The
    19  [board] commission shall issue to any person a resident of this
    20  Commonwealth of good repute who applies therefor, pays the
    21  license fee hereinafter prescribed, and files the bond
    22  hereinafter required, a manufacturer's license to produce and
    23  manufacture malt or brewed beverages, and to transport, sell and
    24  deliver malt or brewed beverages at or from one or more places
    25  of manufacture or storage, only in original containers, in
    26  quantities of not less than a case of twenty-four containers,
    27  each container holding seven fluid ounces or more, or a case of
    28  twelve containers, each container holding twenty-four fluid
    29  ounces or more, except original containers containing one
    30  hundred twenty-eight ounces or more which may be sold separately
    19870H1000B1366                 - 94 -

     1  anywhere within the Commonwealth. Licenses for places of storage
     2  shall be limited to those maintained by manufacturers on July
     3  eighteenth, one thousand nine hundred thirty-five, and the
     4  [board] commission shall issue no licenses for places of storage
     5  in addition to those maintained on July eighteenth, one thousand
     6  nine hundred thirty-five. The application for such license shall
     7  be in such form and contain such information as the [board]
     8  commission shall require. All such licenses shall be granted for
     9  the calendar year. Every manufacturer shall keep at his or its
    10  principal place of business, within the Commonwealth daily
    11  permanent records which shall show, (1) the quantities of raw
    12  materials received and used in the manufacture of malt or brewed
    13  beverages and the quantities of malt or brewed beverages
    14  manufactured and stored, (2) the sales of malt or brewed
    15  beverages, (3) the quantities of malt or brewed beverages stored
    16  for hire or transported for hire by or for the licensee, and (4)
    17  the names and addresses of the purchasers or other recipients
    18  thereof. Every place licensed as a manufacturer shall be subject
    19  to inspection by members of the [board] commission or by persons
    20  duly authorized and designated by the [board] commission, at any
    21  and all times of the day or night, as they may deem necessary,
    22  for the detection of violations of this act or of the rules and
    23  regulations of the [board] commission, or for the purpose of
    24  ascertaining the correctness of the records required to be kept
    25  by licensees. The books and records of such licensees shall at
    26  all times be open to inspection by members of the [board]
    27  commission or by persons duly authorized and designated by the
    28  [board] commission. Members of the [board] commission and its
    29  duly authorized agents shall have the right, without hindrance,
    30  to enter any place which is subject to inspection hereunder or
    19870H1000B1366                 - 95 -

     1  any place where such records are kept for the purpose of making
     2  such inspections and making transcripts thereof.
     3     (b)  The [board] commission shall issue to any reputable
     4  person who applies therefor, pays the license fee hereinafter
     5  prescribed, and files the bond hereinafter required, a
     6  distributor's or importing distributor's license for the place
     7  which such person desires to maintain for the sale of malt or
     8  brewed beverages, not for consumption on the premises where
     9  sold, and in quantities of not less than twenty-four containers,
    10  each container holding seven fluid ounces or more, or twelve
    11  containers, each container holding twenty-four fluid ounces or
    12  more, except original containers containing one hundred twenty-
    13  eight ounces or more which may be sold separately and such
    14  containers to be the original containers as prepared for the
    15  market by the manufacturer at the place of manufacture[: And      <--
    16  provided further, That the [board] commission. ADDITIONALLY, A    <--
    17  DISTRIBUTOR MAY SELL A QUANTITY OF 24 CONTAINERS, ALL OF THE
    18  SAME UNIT SIZE, BUT CONTAINING DIFFERENT BRANDS OF MALT OR
    19  BREWED BEVERAGES, MIXED IN UNIT COMBINATIONS OF SIX OF THE SAME
    20  BRAND. THE COMMISSION shall have the discretion to refuse a
    21  license to any person or to any corporation, partnership or
    22  association if such person, or any officer or director of such
    23  corporation, or any member or partner of such partnership or
    24  association shall have been convicted or found guilty of a
    25  felony within a period of five years immediately preceding the
    26  date of application for the said license[.]: AND PROVIDED         <--
    27  FURTHER, THAT IN THE CASE OF ANY NEW LICENSE OR THE TRANSFER OF
    28  ANY LICENSE TO A NEW LOCATION THE COMMISSION MAY, IN ITS
    29  DISCRETION, GRANT OR REFUSE SUCH NEW LICENSE OR TRANSFER IF SUCH
    30  PLACE PROPOSED TO BE LICENSED IS WITHIN THREE HUNDRED FEET OF
    19870H1000B1366                 - 96 -

     1  ANY CHURCH, HOSPITAL, CHARITABLE INSTITUTION, SCHOOL OR PUBLIC
     2  PLAYGROUND, OR IF SUCH NEW LICENSE OR TRANSFER IS APPLIED FOR A
     3  PLACE WHICH IS WITHIN TWO HUNDRED FEET OF ANY OTHER PREMISES
     4  WHICH IS LICENSED BY THE COMMISSION, OR IF SUCH NEW LICENSE OR
     5  TRANSFER IS APPLIED FOR A PLACE WHERE THE PRINCIPAL BUSINESS IS
     6  THE SALE OF LIQUID FUELS AND OIL: AND PROVIDED FURTHER, THAT THE
     7  COMMISSION SHALL REFUSE ANY APPLICATION FOR A NEW LICENSE OR THE
     8  TRANSFER OF ANY LICENSE TO A NEW LOCATION IF, IN THE
     9  COMMISSION'S OPINION, SUCH NEW LICENSE OR TRANSFER WOULD BE
    10  DETRIMENTAL TO THE WELFARE, HEALTH, PEACE AND MORALS OF THE
    11  INHABITANTS OF THE NEIGHBORHOOD WITHIN A RADIUS OF FIVE HUNDRED
    12  FEET OF THE PLACE PROPOSED TO BE LICENSED. THE COMMISSION SHALL
    13  REQUIRE NOTICE TO BE POSTED ON THE PROPERTY OR PREMISES UPON
    14  WHICH THE LICENSEE OR PROPOSED LICENSEE WILL ENGAGE IN SALES OF
    15  MALT OR BREWED BEVERAGES. THIS NOTICE SHALL BE SIMILAR TO THE
    16  NOTICE REQUIRED OF HOTEL, RESTAURANT AND CLUB LIQUOR LICENSEES.
    17     Except as hereinafter provided, such license shall authorize
    18  the holder thereof to sell or deliver malt or brewed beverages
    19  in quantities above specified anywhere within the Commonwealth
    20  of Pennsylvania, which, in the case of distributors, have been
    21  purchased only from persons licensed under this act as
    22  manufacturers or importing distributors, and in the case of
    23  importing distributors, have been purchased from manufacturers
    24  or persons outside this Commonwealth engaged in the legal sale
    25  of malt or brewed beverages or from manufacturers or importing
    26  distributors licensed under this article.
    27     Each out of State manufacturer of malt or brewed beverages
    28  whose products are sold and delivered in this Commonwealth shall
    29  give distributing rights for such products in designated
    30  geographical areas to specific importing distributors, and such
    19870H1000B1366                 - 97 -

     1  importing distributor shall not sell or deliver malt or brewed
     2  beverages manufactured by the out of State manufacturer to any
     3  person issued a license under the provisions of this act whose
     4  licensed premises are not located within the geographical area
     5  for which he has been given distributing rights by such
     6  manufacturer: Provided, That the importing distributor holding
     7  such distributing rights for such product shall not sell or
     8  deliver the same to another importing distributor without first
     9  having entered into a written agreement with the said secondary
    10  importing distributor setting forth the terms and conditions
    11  under which such products are to be resold within the territory
    12  granted to the primary importing distributor by the
    13  manufacturer.
    14     When a Pennsylvania manufacturer of malt or brewed beverages
    15  licensed under this article names or constitutes a distributor
    16  or importing distributor as the primary or original supplier of
    17  his product, he shall also designate the specific geographical
    18  area for which the said distributor or importing distributor is
    19  given distributing rights, and such distributor or importing
    20  distributor shall not sell or deliver the products of such
    21  manufacturer to any person issued a license under the provisions
    22  of this act whose licensed premises are not located within the
    23  geographical area for which distributing rights have been given
    24  to the distributor and importing distributor by the said
    25  manufacturer: Provided, That the importing distributor holding
    26  such distributing rights for such product shall not sell or
    27  deliver the same to another importing distributor without first
    28  having entered into a written agreement with the said secondary
    29  importing distributor setting forth the terms and conditions
    30  under which such products are to be resold within the territory
    19870H1000B1366                 - 98 -

     1  granted to the primary importing distributor by the
     2  manufacturer. Nothing herein contained shall be construed to
     3  prevent any manufacturer from authorizing the importing
     4  distributor holding the distributing rights for a designated
     5  geographical area from selling the products of such manufacturer
     6  to another importing distributor also holding distributing
     7  rights from the same manufacturer for another geographical area,
     8  providing such authority be contained in writing and a copy
     9  thereof be given to each of the importing distributors so
    10  affected.
    11     (c)  The aforesaid licenses shall be issued only to reputable
    12  individuals, partnerships and associations who are, or whose
    13  members are, citizens of the United States and have for two
    14  years prior to the date of their applications been residents of
    15  the Commonwealth of Pennsylvania or to reputable corporations
    16  organized or duly registered under the laws of the Commonwealth
    17  of Pennsylvania. Such licenses shall be issued to corporations
    18  duly organized or registered under the laws of the Commonwealth
    19  of Pennsylvania only when it appears that all of the officers
    20  and directors of the corporation are citizens of the United
    21  States and have been residents of the Commonwealth of
    22  Pennsylvania for a period of at least two years prior to the
    23  date of application, and that at least fifty-one per centum of
    24  the capital stock of such corporation is actually owned by
    25  individuals who are citizens of the United States and have been
    26  residents of the Commonwealth of Pennsylvania for a period of at
    27  least two years prior to the date of application: Provided, That
    28  the provisions of this subsection with respect to residence
    29  requirements shall not apply to individuals, partners, officers,
    30  directors and owners of capital stock, of corporations licensed
    19870H1000B1366                 - 99 -

     1  or applying for licenses as manufacturers of malt or brewed
     2  beverages, nor shall the provisions of this subsection with
     3  respect to stockholder requirements apply to corporations
     4  licensed or applying for licenses as manufacturers of malt or
     5  brewed beverages.
     6     (d)  (1)  All distributing rights as hereinabove required
     7  shall be in writing, shall be equitable in their provisions and
     8  shall be substantially similar as to terms and conditions with
     9  all other distributing rights agreements between the
    10  manufacturer giving such agreement and its other importing
    11  distributors and distributors shall not be modified, cancelled,
    12  terminated or rescinded by the manufacturer without good cause,
    13  and shall contain a provision in substance or effect as follows:
    14  "The manufacturer recognizes that the importing distributor and
    15  distributor are free to manage their business in the manner the
    16  importing distributor and distributor deem best and that this
    17  prerogative vests in the importing distributor and distributor
    18  the exclusive right to establish a selling price, to select the
    19  brands of malt or brewed beverages they wish to handle and to
    20  determine the efforts and resources which the importing
    21  distributor and distributor will exert to develop and promote
    22  the same of the manufacturer's products handled by the importing
    23  distributor and distributor. However, the manufacturer expects
    24  that the importing distributor and distributor will price
    25  competitively the products handled by them, devote reasonable
    26  effort and resources to the sale of such products and maintain a
    27  reasonable sales level." "Good cause" shall mean the failure by
    28  any party to an agreement, without reasonable excuse or
    29  justification, to comply substantially with an essential,
    30  reasonable and commercially acceptable requirement imposed by
    19870H1000B1366                 - 100 -

     1  the other party under the terms of an agreement.
     2     (2)  After January 1, 1980, no manufacturer shall enter into
     3  any agreement with more than one distributor or importing
     4  distributor for the purpose of establishing more than one
     5  agreement for designated brand or brands of malt or brewed
     6  beverages in any one territory. Each franchise territory which
     7  is granted by a manufacturer shall be geographically contiguous.
     8     (3)  Except for discontinuance of a brand or a valid
     9  termination for good cause, the purchaser of the assets of the
    10  manufacturer as defined in this act shall become obligated to
    11  all the territorial and brand designations of the agreement in
    12  effect on the date of purchase. Purchase of assets as defined
    13  for the purposes of this act shall include, but not be limited
    14  to, the sale of stock, sale of assets, merger, lease, transfer
    15  or consolidation.
    16     (4)  The court of common pleas of the county wherein the
    17  licensed premises of the importing distributor or distributor
    18  are located is hereby vested with jurisdiction and power to
    19  enjoin the modification, rescission, cancellation or termination
    20  of a franchise or agreement between a manufacturer and an
    21  importing distributor or distributor at the instance of such
    22  importing distributor or distributor who is or might be
    23  adversely affected by such modification, rescission,
    24  cancellation or termination, and in granting an injunction the
    25  court shall provide that no manufacturer shall supply the
    26  customers or territory of the importing distributor or
    27  distributor by servicing the territory or customers through
    28  other importing distributors or distributors or any other means
    29  while the injunction is in effect: Provided, however, That any
    30  injunction issued under this subsection shall require the
    19870H1000B1366                 - 101 -

     1  posting of sufficient bond against damages arising from an
     2  injunction improvidently granted and a showing that the danger
     3  of irrevocable loss or damage is immediate and that during the
     4  pendency of such injunction the importing distributor or
     5  distributor shall continue to service the accounts of the
     6  manufacturer in good faith.
     7     (5)  The provisions of this subsection shall not apply to
     8  Pennsylvania manufacturers whose principal place of business is
     9  located in Pennsylvania unless they name or constitute a
    10  distributor or importing distributor as a primary or original
    11  supplier of their products subsequent to the effective date of
    12  this act, or unless such Pennsylvania manufacturers have named
    13  or constituted a distributor or importing distributor as a
    14  primary or original supplier of their products prior to the
    15  effective date of this act, and which status is continuing when
    16  this act becomes effective.
    17     Section 45.  Section 432 of the act, amended January 19, 1952
    18  (1951 P.L.2170, No.619), June 19, 1961 (P.L.482, No.244),
    19  October 9, 1967 (P.L.392, No.177) and May 9, 1984 (P.L.246,
    20  No.54), is reenacted and amended to read:
    21     Section 432.  Malt and Brewed Beverages Retail Licenses.--(a)
    22  Subject to the restrictions hereinafter provided in this act,
    23  and upon being satisfied of the truth of the statements in the
    24  application, that the premises and the applicant meet all the
    25  requirements of this act and the regulations of the [board]
    26  commission, that the applicant seeks a license for a reputable
    27  hotel, eating place or club, as defined in this act, the [board]
    28  commission shall, in the case of a hotel or eating place, grant
    29  and issue, and in the case of a club may, in its discretion,
    30  issue or refuse the applicant a retail dispenser's license.
    19870H1000B1366                 - 102 -

     1     (b)  In the case of hotels and eating places, licenses shall
     2  be issued only to reputable persons who are citizens of the
     3  United States and have for two years been residents of the
     4  Commonwealth of Pennsylvania at the date of their application,
     5  or to reputable corporations organized or duly registered under
     6  the laws of the Commonwealth of Pennsylvania, all of whose
     7  officers and directors are citizens of the United States. In the
     8  case of incorporated clubs, licenses shall be issued only to
     9  those incorporated under the laws of Pennsylvania.
    10     (c)  No retail dispenser's licenses shall be granted or
    11  renewed upon their expiration in any municipality in which the
    12  electors shall vote, as hereinafter provided, against the
    13  licensing therein of places where malt or brewed beverages may
    14  be sold for consumption on the premises where sold.
    15     (d)  The [board] commission shall, in its discretion, grant
    16  or refuse any new license or the transfer of any license to a
    17  new location if such place proposed to be licensed is within
    18  three hundred feet of any church, hospital, charitable
    19  institution, school, or public playground, or if such new
    20  license or transfer is applied for a place which is within two
    21  hundred feet of any other premises which is licensed by the
    22  [board] commission, or if such new license or transfer is
    23  applied for a place where the principal business conducted is
    24  the sale of liquid fuels and oil. The [board] commission shall
    25  refuse any application for a new license or the transfer of any
    26  license to a new location if, in the [board's] commission's
    27  opinion, such new license or transfer would be detrimental to
    28  the welfare, health, peace and morals of the inhabitants of the
    29  neighborhood within a radius of five hundred feet of the place
    30  to be licensed. The [board] commission shall not issue new
    19870H1000B1366                 - 103 -

     1  licenses, except as herein otherwise provided, in any license
     2  district more than twice each license year effective from
     3  specific dates fixed by the [board] commission, and new licenses
     4  shall not be granted unless the application therefor shall have
     5  been filed at least thirty days before the effective date of the
     6  license. Nothing herein contained shall prohibit the [board]
     7  commission from issuing a new license for the balance of any
     8  unexpired term in any license district to any applicant in such
     9  district, who shall have become eligible to hold such license as
    10  the result of legislative enactment, when such enactment shall
    11  have taken place during the license term of that district for
    12  which application is made, or within the thirty days immediately
    13  preceding such term: And provided further, That the [board]
    14  commission shall have the discretion to refuse a license to any
    15  person or to any corporation, partnership or association if such
    16  person, or any officer or director of such corporation, or any
    17  member or partner of such partnership or association shall have
    18  been convicted or found guilty of a felony within a period of
    19  five years immediately preceding the date of application for the
    20  said license.
    21     (e)  Every applicant for a new or for the transfer of an
    22  existing license to another premises not then licensed shall
    23  post, for a period of at least fifteen days beginning with the
    24  day the application is filed with the [board] commission, in a
    25  conspicuous place on the outside of the premises or in a window
    26  plainly visible from the outside of the premises for which the
    27  license is applied or at the proposed new location, a notice of
    28  such application, in such form, of such size, and containing
    29  such provisions as the [board] commission may require by its
    30  regulations. Proof of the posting of such notice shall be filed
    19870H1000B1366                 - 104 -

     1  with the [board] commission.
     2     (f)  Hotel, eating places, or municipal golf course retail
     3  dispenser licensees whose sales of food and nonalcoholic
     4  beverages are equal to forty per centum (40%) or more of the
     5  combined gross sales of both food and malt or brewed beverages
     6  may sell malt or brewed beverages between the hours of eleven
     7  o'clock antemeridian on Sunday and two o'clock antemeridian on
     8  Monday upon purchase of a special annual permit from the [board]
     9  commission at a fee of two hundred dollars ($200.00) per year,
    10  which shall be in addition to any other license fees. Provided
    11  further, the holder of such special annual permit may sell malt
    12  or brewed beverages after seven o'clock antemeridian and until
    13  two o'clock antemeridian of the following day, on any day on
    14  which a general, municipal, special or primary election is being
    15  held.
    16     Section 46.  Section 433 of the act is reenacted and amended
    17  to read:
    18     Section 433.  Public Service Licenses.--The [board]
    19  commission may issue public service malt and brewed beverage
    20  licenses to a railroad, pullman or steamship company permitting
    21  malt or brewed beverages to be sold at retail in dining, club or
    22  buffet cars, or the dining compartments of steamships or
    23  vessels, for consumption on the trains, steamships or vessels
    24  wherever operated in the State, except when standing in stations
    25  or terminals within a municipality wherein retail sales are
    26  prohibited. Such licenses shall only be granted to reputable
    27  persons and for fit places. The [board] commission may issue a
    28  master license to railroad or pullman companies to cover the
    29  maximum number of cars which the company shall estimate that it
    30  will operate within the Commonwealth on any one day. Such
    19870H1000B1366                 - 105 -

     1  licensees shall file monthly reports with the [board] commission
     2  showing the maximum number of cars operated at any time on any
     3  day during the preceding month, and if it appears that more cars
     4  have been operated than covered by its license it shall
     5  forthwith remit to the [board] commission the sum of ten dollars
     6  for each extra car so operated. The [board] commission shall
     7  have the power to suspend or revoke any such licenses for cause
     8  after granting a hearing [thereon] before an administrative law
     9  judge to the licensee. Any person aggrieved by the decision of
    10  the [board] commission in refusing, suspending or revoking any
    11  such license may appeal to [the court of quarter sessions of
    12  Dauphin County] Commonwealth Court in the same manner as
    13  provided in this article for appeals from refusals of licenses.
    14     Section 47.  Section 433.1 of the act, added July 10, 1961
    15  (P.L.561, No.275), amended November 17, 1967 (P.L.510, No.247)
    16  and December 16, 1982 (P.L.1359, No.311), is reenacted and
    17  amended to read:
    18     Section 433.1.  Stadium or Arena Permits.--(a)  The [board]
    19  commission is hereby authorized to issue, in cities of the
    20  first, second and third class, in counties of the third class
    21  and in school districts in counties of the third class, special
    22  permits allowing the holders thereof to make retail sales of
    23  malt or brewed beverages in shatterproof containers at all
    24  events on premises principally utilized for competition of
    25  professional and amateur athletes and other types of
    26  entertainment having an available seating capacity of twelve
    27  thousand or more in cities of the first and second class and
    28  seven thousand or more and owned by the city in cities of the
    29  third class and four thousand two hundred or more and owned by
    30  counties of the third class and two thousand five hundred or
    19870H1000B1366                 - 106 -

     1  more in school districts in counties of the third class:
     2  Provided, however, That in cities of the second class this
     3  section shall be applicable only to premises owned, leased or
     4  operated by any authority created under the act of July 29, 1953
     5  (P.L.1034, No.270), known as the "Public Auditorium Authorities
     6  Law." Such sales may be made only to adults and only on days
     7  when the premises are so used and only during the period from
     8  one hour before the start of and ending one-half hour after the
     9  close of the event on the premises: Provided, however, That in
    10  school districts in counties of the third class sales may be
    11  made only during professional athletic competition.
    12     (b)  The owner or lessee or a concessionaire of any such
    13  premises may make application for a permit. The aforesaid
    14  permits shall be issued only to reputable individuals,
    15  partnerships and associations, who are or whose members are
    16  citizens of the United States and have for two years prior to
    17  the date of their applications been residents of the
    18  Commonwealth of Pennsylvania, or to reputable corporations
    19  organized or duly registered under the laws of the Commonwealth
    20  of Pennsylvania, all of whose officers and directors are
    21  citizens of the United States. Each applicant shall furnish
    22  proof satisfactory to the [board] commission that he is of good
    23  repute and financially responsible and that the premises upon
    24  which he proposes to do business is a proper place. The
    25  applicant shall submit such other information as the [board]
    26  commission may require. Applications shall be, in writing on
    27  forms prescribed by the [board] commission, and signed and sworn
    28  to by the applicant. Every application shall be accompanied by
    29  an application fee of twenty-five dollars ($25), a permit fee of
    30  one hundred dollars ($100) and a surety bond in the amount of
    19870H1000B1366                 - 107 -

     1  one thousand dollars ($1000) conditioned the same as the license
     2  bonds required by this act for retail dispenser licenses.
     3     (c)  Upon receipt of the application in proper form, the
     4  application fee, the permit fee and bond, and upon being
     5  satisfied that the applicant is of good repute and financially
     6  responsible and that the proposed place of business is proper,
     7  the [board] commission shall issue a special permit to the
     8  applicant. Only one permit issued under this section shall be in
     9  effect on any such premises at any time.
    10     (d)  No permit shall be transferable or assignable. The
    11  [board] commission may by regulation fix the permit year and
    12  provide for the renewal of such permits. Whenever a permit is
    13  revoked, another may be issued for the same premises to another
    14  applicant upon compliance with the provisions of this section.
    15     (e)  The [board] commission shall have the power to refuse
    16  the issuance of any permit for cause, and to revoke or suspend
    17  any permit for cause or for any violation of the liquor or malt
    18  and brewed beverage laws. Any applicant or holder of a permit
    19  aggrieved by any ruling of the [board] commission or by its
    20  refusal to issue a permit, or by its suspension or revocation
    21  thereof, shall have the right to a hearing and appeal therefrom
    22  in the same manner as provided in sections 464 and 471 of this
    23  act authorizing appeals from orders of the [board] commission or
    24  an administrative law judge.
    25     Section 48.  Section 434 of the act is reenacted and amended
    26  to read:
    27     Section 434.  License Year.--(a)  Licenses issued under this
    28  article to distributors, importing distributors and retail
    29  dispensers shall, unless revoked in the manner provided in this
    30  act, be valid for the license year which may be established by
    19870H1000B1366                 - 108 -

     1  the [board] commission for the particular license district in
     2  which the license issues.
     3     (b)  Malt or brewed beverage licenses issued under this
     4  article to manufacturers and public service companies shall,
     5  unless revoked in the manner herein provided, be valid for the
     6  calendar year for which they are issued. Licenses to such
     7  manufacturers and public service companies may be issued at any
     8  time during a calendar year.
     9     Section 49.  Section 435 of the act, amended September 28,
    10  1961 (P.L.1728, No.702), is reenacted and amended to read:
    11     Section 435.  Filing of Applications for Distributors',
    12  Importing Distributors' and Retail Dispensers' Licenses; Filing
    13  Fee.--Every person intending to apply for a distributor's,
    14  importing distributor's or retail dispenser's license, as
    15  aforesaid, in any municipality of this Commonwealth, shall file
    16  with the [board] commission his or its application. All such
    17  applications shall be filed at a time to be fixed by the [board]
    18  commission for the particular license district as set up by the
    19  [board] commission under the provisions of this act. The
    20  applicant shall, at the time of filing the application and bond,
    21  pay said [board] commission the filing fee of twenty dollars
    22  ($20), as hereinafter specified.
    23     Section 50.  Section 436 of the act, amended June 19, 1961
    24  (P.L.482, No.244) and June 29, 1965 (P.L.151, No.101), is
    25  reenacted and amended to read:
    26     Section 436.  Application for Distributors', Importing
    27  Distributors' and Retail Dispensers' Licenses.--Application for
    28  distributors', importing distributors' and retail dispensers'
    29  licenses, or for the transfer of an existing license to another
    30  premises not then licensed, shall contain or have attached
    19870H1000B1366                 - 109 -

     1  thereto the following information and statements:
     2     (a)  The name and residence of the applicant and how long he
     3  has resided there, and if an association, partnership or
     4  corporation, the residences of the members, officers and
     5  directors for the period of two years next preceding the date of
     6  such application.
     7     (b)  The particular place for which the license is desired
     8  and a detailed description thereof. The description, information
     9  and plans referred to in this subsection shall show the premises
    10  or the proposed location for the construction of the premises at
    11  the time the application is made, and shall show any alterations
    12  proposed to be made thereto, or the new building proposed to be
    13  constructed after the approval by the [board] commission of the
    14  application for a license, or for the transfer of an existing
    15  license to another premises not then licensed. No physical
    16  alterations, improvements or changes shall be required to be
    17  made to any hotel, eating place or club, nor shall any new
    18  building for any such purpose be required to be constructed
    19  until approval of the application for license or for the
    20  transfer of an existing license to another premises not then
    21  licensed by the [board] commission. After approval of the
    22  application, the licensee shall make the physical alterations,
    23  improvements and changes to the licensed premises, or shall
    24  construct the new building in the manner specified by the
    25  [board] commission at the time of approval. The licensee shall
    26  not transact any business under the license until the [board]
    27  commission has approved the completed physical alterations,
    28  improvements and changes of the licensed premises or the
    29  completed construction of the new building as conforming to the
    30  specifications required by the [board] commission at the time of
    19870H1000B1366                 - 110 -

     1  issuance or transfer of the license and is satisfied that the
     2  premises meet the requirements for a distributor's or importing
     3  distributor's license as set forth in this act or that the
     4  establishment is an eating place, hotel or club as defined by
     5  this act. The [board] commission may require that all such
     6  alterations or construction or conformity to definition be
     7  completed within six months from the time of issuance or
     8  transfer of the license. Failure to comply with these
     9  requirements shall be considered cause for revocation of the
    10  license. No such license shall be transferable between the time
    11  of issuance or transfer of the license and the approval of the
    12  completed alterations or construction by the [board] commission
    13  and full compliance by the licensee with the requirements of
    14  this act, except in the case of death of the licensee prior to
    15  full compliance with all of the aforementioned requirements, in
    16  which event the license may be transferred by the [board]
    17  commission as provided in section 468 of this act for the
    18  transfer of the license in the case of death of the licensee.
    19     (c)  Place of birth of applicant, and if a naturalized
    20  citizen, where and when naturalized, and if a corporation
    21  organized or registered under the laws of the Commonwealth, when
    22  and where incorporated, with the names and addresses of each
    23  officer and director, all of whom shall be citizens of the
    24  United States; if the application is for a distributor's or
    25  importing distributor's license and the applicant therefor is a
    26  corporation, the application shall also contain a statement of
    27  facts showing the qualifications of the corporation, as
    28  hereinbefore required, together with the names and addresses of
    29  all stockholders.
    30     (d)  Name of owner of premises and his residence.
    19870H1000B1366                 - 111 -

     1     (e)  That the applicant is not, or in case of a partnership
     2  or association, that the members or partners are not, and in the
     3  case of a corporation, that the officers and directors are not,
     4  in any manner pecuniarily interested, either directly or
     5  indirectly, in the profits of any other class of business
     6  regulated under this article, except as hereinafter permitted.
     7     (f)  That applicant is the only person in any manner
     8  pecuniarily interested in the business so asked to be licensed,
     9  and that no other person shall be in any manner pecuniarily
    10  interested therein during the continuance of the license, except
    11  as hereinafter permitted.
    12     (g)  Whether applicant, or in case of a partnership or
    13  association, any member or partner thereof, or in case of a
    14  corporation, any officer or director thereof, has during the
    15  three years immediately preceding the date of said application
    16  had a license for the sale of malt or brewed beverages or
    17  spirituous and vinous liquors revoked, or has during the same
    18  period been convicted of any criminal offense, and if so, a
    19  detailed history thereof.
    20     (h)  A full description of that portion of the premises for
    21  which license is asked, and if any other business is to be
    22  conducted concurrently with the sale and distribution of malt or
    23  brewed beverages, a full history of such business, relating the
    24  nature thereof, the length of time it has so previously been
    25  conducted by the applicant or his predecessor at such location,
    26  and such additional information as the [board] commission may
    27  require.
    28     (i)  Every club applicant shall file with and as a part of
    29  its application a list of the names and addresses of its
    30  members, directors, officers, agents and employes, together with
    19870H1000B1366                 - 112 -

     1  the dates of their admission, election or employment, and such
     2  other information with respect to its affairs as the [board]
     3  commission shall require.
     4     (j)  The application must be verified by affidavit of
     5  applicant, and if any false statement is intentionally made in
     6  any part of the application, the affiant shall be deemed guilty
     7  of a misdemeanor and, upon conviction, shall be subject to the
     8  penalties provided by this article.
     9     Section 51.  Section 437 of the act, amended December 22,
    10  1965 (P.L.1149, No.445), is reenacted and amended to read:
    11     Section 437.  Prohibitions Against the Grant of Licenses.--
    12  (a)  The [board] commission shall refuse to grant any licenses
    13  unless the application therefor contains the information
    14  required by this act, and the premises meet such reasonable
    15  sanitary requirements as the [board] commission, by regulation,
    16  shall prescribe.
    17     (b)  The [board] commission shall refuse to grant a license
    18  to any club when it appears that the operation of such license
    19  would inure to the benefit of individual members, officers,
    20  agents or employes of the club, rather than to the benefit of
    21  the entire membership of the club.
    22     (c)  Licenses shall be granted by the [board] commission only
    23  to reputable individuals, or to associations, partnerships and
    24  corporations whose members or officers and directors are
    25  reputable individuals.
    26     (d)  No person who holds, either by appointment or election,
    27  any public office which involves the duty to enforce any of the
    28  penal laws of the United States of America or any of the penal
    29  laws of this Commonwealth or any penal ordinance or resolution
    30  of any political subdivision of this Commonwealth shall be
    19870H1000B1366                 - 113 -

     1  issued any manufacturer's, importing distributor's,
     2  distributor's or retail dispenser's license, nor shall such a
     3  person have any interest, directly or indirectly, in any such
     4  license.
     5     (e)  No distributor's or importing distributor's license
     6  shall be issued for any premises in any part of which there is
     7  operated any retail license for the sale of liquor or malt or
     8  brewed beverages.
     9     (f)  No new distributor's or importing distributor's license
    10  shall hereafter be granted by the [board] commission in any
    11  county of the Commonwealth where the combined number of
    12  distributor and importing distributor licenses exceeds one
    13  license for each fifteen thousand inhabitants of the county in
    14  which the license is to be issued: Provided, That a combined
    15  total of five such licenses may be granted in any county of the
    16  Commonwealth.
    17     Nothing in this subsection shall be construed as denying the
    18  right of the [board] commission to renew or to transfer existing
    19  distributors' or importing distributors' licenses or to exchange
    20  a distributor's license for an importing distributor's license
    21  or to exchange an importing distributor's license for a
    22  distributor's license, upon adjustment of the applicable fee,
    23  notwithstanding that the number of such licensed places in the
    24  county shall exceed the limitation hereinbefore prescribed:
    25  Provided, That no distributor's license or importing
    26  distributor's license shall be transferred from one county to
    27  another county so long as the quota is filled in the county to
    28  which the license is proposed to be transferred.
    29     Section 52.  Section 438 of the act is reenacted to read:
    30     Section 438.  Number and Kinds of Licenses Allowed Same
    19870H1000B1366                 - 114 -

     1  Licensee.--(a)  Any retail dispenser may be granted licenses to
     2  maintain, operate or conduct any number of places for the sale
     3  of malt or brewed beverages, but a separate license must be
     4  secured for each place where malt or brewed beverages are sold.
     5     (b)  No person shall possess or be issued more than one
     6  distributor's or importing distributor's license.
     7     (c)  No person shall possess more than one class of license,
     8  except that a holder of a retail dispenser's license may also be
     9  a holder of a retail liquor license.
    10     Section 53.  Section 439 of the act, amended September 28,
    11  1961 (P.L.1728, No.702), is reenacted and amended to read:
    12     Section 439.  Malt or Brewed Beverage License Fees.--No
    13  public service license and no license to any manufacturer,
    14  distributor, importing distributor or retail dispenser shall be
    15  issued under the provisions of this subdivision (B) until the
    16  licensee shall have first paid an annual license fee, as
    17  follows:
    18     (a)  In the case of a manufacturer, the license fee shall be
    19  one thousand dollars ($1,000) for each place of manufacture and
    20  shall be paid to the [board] commission. The fee for all such
    21  licenses when applied for and issued on or after April 1, but
    22  prior to July 1, shall be three-fourths of the annual fee; July
    23  1, but prior to October 1, shall be one-half of the annual fee;
    24  October 1, but prior to January 1, shall be one quarter of the
    25  annual fee.
    26     (b)  In the case of a distributor, the license fee shall be
    27  four hundred dollars ($400) and shall be paid to the [board]
    28  commission.
    29     (c)  In the case of an importing distributor, the license fee
    30  shall be nine hundred dollars ($900) and shall be paid to the
    19870H1000B1366                 - 115 -

     1  [board] commission.
     2     (d)  In the case of a retail dispenser, except clubs, the
     3  license fee shall be graduated according to the population of
     4  the municipality in which the place of business is located and
     5  shall be paid to the [board] commission, as follows:
     6      (1)  Less than 10,000..................................$100
     7      (2)  10,000 and more, but less than 50,000.............$150
     8      (3)  50,000 and more, but less than 100,000............$200
     9      (4)  100,000 and more, but less than 150,000...........$250
    10      (5)  150,000 and more..................................$300
    11     (e)  In the case of a club, the fee shall be twenty-five
    12  dollars in all cases and shall be paid to the [board]
    13  commission.
    14     (f)  In the case of a public service license for cars, the
    15  fee shall be ten dollars per car for the maximum number of cars
    16  operated on any one day on which malt or brewed beverages are
    17  sold, to be paid to the [board] commission.
    18     (g)  In the case of a public service license for the sale of
    19  malt or brewed beverages on a boat or vessel, the fee shall be
    20  fifty dollars for each such vessel or boat and shall be paid to
    21  the [board] commission.
    22     (h)  The fee for filing applications for licenses and for
    23  renewals shall be twenty dollars ($20) which, together with fees
    24  for transfers, shall be paid to the [board] commission.
    25     (i)  The license fees fixed by this section shall be paid
    26  before the license or renewal is issued.
    27     Section 54.  Section 440 of the act, amended August 17, 1965
    28  (P.L.346, No.182), is reenacted and amended to read:
    29     Section 440.  Sales by Manufacturers of Malt or Brewed
    30  Beverages; Minimum Quantities.--No manufacturer shall sell any
    19870H1000B1366                 - 116 -

     1  malt or brewed beverages for consumption on the premises where
     2  sold, nor sell or deliver any such malt or brewed beverages in
     3  other than original containers approved as to capacity by the
     4  [board] commission, nor in quantities of less than a case of
     5  twenty-four containers, each container holding seven fluid
     6  ounces or more, or a case of twelve containers, each container
     7  holding twenty-four fluid ounces or more, except original
     8  containers containing one hundred twenty-eight ounces or more
     9  which may be sold separately; nor shall any manufacturer
    10  maintain or operate within the Commonwealth any place or places
    11  other than the place or places covered by his or its license
    12  where malt or brewed beverages are sold or where orders are
    13  taken.
    14     Section 55.  Section 441 of the act, amended October 23, 1959
    15  (P.L.1360, No.471), is reenacted and amended to read:
    16     Section 441.  Distributors' and Importing Distributors'
    17  Restrictions on Sales, Storage, Etc.--(a) No distributor or
    18  importing distributor shall purchase, receive or resell any malt
    19  or brewed beverages except in the original containers as
    20  prepared for the market by the manufacturer at the place of
    21  manufacture.
    22     (b)  No distributor or importing distributor shall sell any
    23  malt or brewed beverages in quantities of less than a case of
    24  twenty-four containers, each container holding seven fluid
    25  ounces or more, or a case of twelve containers, each container
    26  holding twenty-four fluid ounces or more, except original
    27  containers containing one hundred twenty-eight ounces or more
    28  which may be sold separately: Provided, That no malt or brewed
    29  beverages sold or delivered shall be consumed upon the premises
    30  of the distributor or importing distributor, or in any place
    19870H1000B1366                 - 117 -

     1  provided for such purpose by such distributor or importing
     2  distributor.
     3     (c)  No distributor or importing distributor shall maintain
     4  or operate any place where sales are made other than that for
     5  which the license is granted.
     6     (d)  No distributor or importing distributor shall maintain
     7  any place for the storage of malt or brewed beverages except in
     8  the same municipality in which the licensed premises is located
     9  and unless the same has been approved by the [board] commission.
    10  In the event there is no place of cold storage in the same
    11  municipality, the [board] commission may approve a place of cold
    12  storage in the nearest municipality.
    13     (e)  No distributor or importing distributor shall purchase,
    14  sell, resell, receive or deliver any malt or brewed beverages,
    15  except in strict compliance with the provisions of subsection
    16  (b) of section 431 of this act.
    17     Section 56.  Section 442 of the act, amended October 9, 1967
    18  (P.L.413, No.183), July 3, 1980 (P.L.348, No.88) and May 9, 1984
    19  (P.L.246, No.54), is reenacted to read:
    20     Section 442.  Retail Dispensers' Restrictions on Purchases
    21  and Sales.--(a)  No retail dispenser shall purchase or receive
    22  any malt or brewed beverages except in original containers as
    23  prepared for the market by the manufacturer at the place of
    24  manufacture. The retail dispenser may thereafter break the bulk
    25  upon the licensed premises and sell or dispense the same for
    26  consumption on or off the premises so licensed: Provided,
    27  however, That no retail dispenser may sell malt or brewed
    28  beverages for consumption off the premises in quantities in
    29  excess of one hundred forty-four fluid ounces: Provided,
    30  further, That no club licensee may sell any malt or brewed
    19870H1000B1366                 - 118 -

     1  beverages for consumption off the premises where sold or to
     2  persons not members of the club.
     3     (b)  No retail dispenser shall sell any malt or brewed
     4  beverages for consumption on the licensed premises except in a
     5  room or rooms or place on the licensed premises at all times
     6  accessible to the use and accommodation of the general public,
     7  but this section shall not be interpreted to prohibit a retail
     8  dispenser from selling malt or brewed beverages in a hotel or
     9  club house in any room of such hotel or club house occupied by a
    10  bona fide registered guest or member entitled to purchase the
    11  same or to prohibit a retail dispenser from selling malt or
    12  brewed beverages in a bowling alley when no minors are present,
    13  unless minors who are present are under proper supervision as
    14  defined in section 493, where the licensed premises and bowling
    15  alley are immediately adjacent and under the same roof.
    16     (c)  For the purpose of this section any person who is an
    17  active member of another club which is chartered by the same
    18  state or national organization shall have the same rights and
    19  privileges as members of the particular club.
    20     (d)  For the purposes of this section, any person who is an
    21  active member of any volunteer firefighting company, association
    22  or group of this Commonwealth, whether incorporated or
    23  unincorporated, shall upon the approval of any club composed of
    24  volunteer firemen licensed under this act, have the same social
    25  rights and privileges as members of such licensed club.
    26     Section 57.  Section 443 of the act is reenacted to read:
    27     Section 443.  Interlocking Business Prohibited.--(a)  No
    28  manufacturer of malt or brewed beverages and no officer or
    29  director of any such manufacturer shall at the same time be a
    30  distributor, importing distributor or retail dispenser, or an
    19870H1000B1366                 - 119 -

     1  officer, director or stockholder or creditor of any distributor,
     2  importing distributor or retail dispenser, nor, except as
     3  hereinafter provided, be the owner, proprietor or lessor of any
     4  place for which a license has been issued for any importing
     5  distributor, distributor or retail dispenser, or for which a
     6  hotel, restaurant or club liquor license has been issued.
     7     (b)  No distributor or importing distributor and no officer
     8  or director of any distributor or importing distributor shall at
     9  the same time be a manufacturer, a retail dispenser or a liquor
    10  licensee, or be an officer, director, stockholder or creditor of
    11  a manufacturer, a retail dispenser or a liquor licensee, or,
    12  directly or indirectly, own any stock of, or have any financial
    13  interest in, or be the owner, proprietor or lessor of, any place
    14  covered by any other malt or brewed beverage or liquor license.
    15     (c)  No licensee licensed under this subdivision (B) of
    16  Article IV and no officer or director of such licensee shall,
    17  directly or indirectly, own any stock of, or have any financial
    18  interest in, any other class of business licensed under this
    19  subdivision.
    20     (d)  Excepting as hereinafter provided, no malt or brewed
    21  beverage manufacturer, importing distributor or distributor
    22  shall in any wise be interested, either directly or indirectly,
    23  in the ownership or leasehold of any property or in any mortgage
    24  against the same, for which a liquor or retail dispenser's
    25  license is granted; nor shall any such manufacturer, importing
    26  distributor or distributor, either directly or indirectly, lend
    27  any moneys, credit or equivalent thereof to, or guarantee the
    28  payment of any bond, mortgage, note or other obligation of, any
    29  liquor licensee or retail dispenser, in equipping, fitting out,
    30  or maintaining and conducting, either in whole or in part, an
    19870H1000B1366                 - 120 -

     1  establishment or business operated under a liquor or retail
     2  dispenser's license, excepting only the usual and customary
     3  credits allowed for returning original containers in which malt
     4  or brewed beverages were packaged for market by the manufacturer
     5  at the place of manufacture.
     6     (e)  Excepting as hereinafter provided, no manufacturer of
     7  malt or brewed beverages shall in any wise be interested, either
     8  directly or indirectly, in the ownership or leasehold of any
     9  property or any mortgage lien against the same, for which a
    10  distributor's or importing distributor's license is granted; nor
    11  shall any such manufacturer, either directly or indirectly, lend
    12  any moneys, credit, or their equivalent to, or guarantee the
    13  payment of any bond, mortgage, note or other obligation of, any
    14  distributor or importing distributor, in equipping, fitting out,
    15  or maintaining and conducting, either in whole or in part, an
    16  establishment or business where malt or brewed beverages are
    17  licensed for sale by a distributor or importing distributor,
    18  excepting only the usual credits allowed for the return of
    19  original containers in which malt or brewed beverages were
    20  originally packaged for the market by the manufacturer at the
    21  place of manufacture.
    22     (f)  No distributor, importing distributor or retail
    23  dispenser shall in anywise receive, either directly or
    24  indirectly, any credit, loan, moneys or the equivalent thereof
    25  from any other licensee, or from any officer, director or firm
    26  member of any other licensee, or from or through a subsidiary or
    27  affiliate of another licensee, or from any firm, association or
    28  corporation, except banking institutions, in which another
    29  licensee or any officer, director or firm member of another
    30  licensee has a substantial interest or exercises a control of
    19870H1000B1366                 - 121 -

     1  its business policy, for equipping, fitting out, payment of
     2  license fee, maintaining and conducting, either in whole or in
     3  part, an establishment or business operated under a
     4  distributor's, importing distributor's or retail dispenser's
     5  license, excepting only the usual and customary credits allowed
     6  for the return of original containers in which malt or brewed
     7  beverages were packaged for the market by the manufacturer at
     8  the place of manufacture.
     9     (g)  The purpose of this section is to require a separation
    10  of the financial and business interests between the various
    11  classes of business regulated by subdivision (B) of this
    12  article, and no person or corporation shall, by any device
    13  whatsoever, directly or indirectly, evade the provisions of this
    14  section. But in view of existing economic conditions, nothing
    15  contained in this section shall be construed to prohibit the
    16  ownership of property or conflicting interest by a malt or
    17  brewed beverage manufacturer of any place occupied by a
    18  distributor, importing distributor or retail dispenser after the
    19  manufacturer has continuously owned and had a conflicting
    20  interest in such place for a period of at least five years prior
    21  to the eighteenth day of July, one thousand nine hundred thirty-
    22  five.
    23     The term "manufacturer" as used in this section shall include
    24  manufacturers of malt or brewed beverages as defined in this act
    25  and any person manufacturing any malt or brewed beverages
    26  outside of this Commonwealth.
    27     Section 58.  Section 444 of the act, amended December 12,
    28  1980 (P.L.1195, No.221) and repealed in part December 20, 1982
    29  (P.L.1409, No.326), is reenacted and amended to read:
    30     Section 444.  Malt or Brewed Beverages Manufactured Outside
    19870H1000B1366                 - 122 -

     1  This Commonwealth.--(a)  In addition to compliance with all
     2  other provisions of this act, the [board] commission shall
     3  require each person desiring to sell any malt or brewed
     4  beverages manufactured outside this Commonwealth to Pennsylvania
     5  licensees, and shall require each Pennsylvania licensee who
     6  desires to purchase and resell any such malt or brewed
     7  beverages, to pay to the [board] commission the same fees as are
     8  required to be paid by Pennsylvania licensees or by persons or
     9  licensees in any state, territory or country outside of
    10  Pennsylvania who desires to sell malt or brewed beverages
    11  manufactured in Pennsylvania to licensees in such other state,
    12  territory or country of origin of such malt or brewed beverages
    13  not manufactured in Pennsylvania, and to observe and comply with
    14  the same regulations, prohibitions and restrictions as are
    15  required of or enforced against Pennsylvania licensees or
    16  persons who desire to purchase and resell malt or brewed
    17  beverages manufactured in Pennsylvania in such other state,
    18  territory or country of origin.
    19     (b)  In all cases where the [board] commission shall have
    20  issued any reciprocal regulations or orders concerning malt or
    21  brewed beverages manufactured in any state, territory or country
    22  other than Pennsylvania, no Pennsylvania licensee shall purchase
    23  any such malt or brewed beverages if their importation has been
    24  prohibited, or if not entirely prohibited, unless such
    25  regulations or orders have been observed and complied with by
    26  the Pennsylvania licensee and by the person from or through whom
    27  the Pennsylvania licensee desires to purchase.
    28     (c)  Any malt or brewed beverages manufactured outside of
    29  Pennsylvania which are sold, transported or possessed in
    30  Pennsylvania contrary to any such regulations or orders of the
    19870H1000B1366                 - 123 -

     1  [board] commission, or without the payment of the fees herein
     2  required, shall be considered contraband and shall be
     3  confiscated by the [board] commission and disposed of in the
     4  same manner as any other illegal liquor or malt or brewed
     5  beverages.
     6     (d)  Upon learning of the commission by a manufacturer of
     7  malt or brewed beverages whose principal place of business is
     8  outside this Commonwealth, or by any servant, agent, employe or
     9  representative of such manufacturer, within or partly within and
    10  partly outside this Commonwealth, of any violation of this act
    11  or any laws of this Commonwealth relating to liquor, alcohol or
    12  malt or brewed beverages, or of any regulation of the [board]
    13  commission adopted pursuant thereto, or of any violation of any
    14  laws of this Commonwealth or of the United States of America
    15  relating to the tax payment of liquor or malt or brewed
    16  beverages, the [board] commission shall cite such manufacturer
    17  to appear before it or [its examiner] an administrative law
    18  judge not less than ten nor more than fifteen days from the date
    19  of mailing such manufacturer at his principal place of business,
    20  wherever located, by registered mail, a notice to show cause why
    21  the further importation into this Commonwealth of malt or brewed
    22  beverages manufactured by him should not be prohibited.
    23     (e)  Upon such hearing, whether or not an appearance was made
    24  by such outside manufacturer, if satisfied that any such
    25  violation has occurred, the [board] commission is specifically
    26  empowered and directed to issue an order imposing a fine upon
    27  such outside manufacturer of not less than five hundred dollars
    28  ($500) or more than ten thousand dollars ($10,000), or
    29  prohibiting the importation of malt or brewed beverages
    30  manufactured by such outside manufacturer into this Commonwealth
    19870H1000B1366                 - 124 -

     1  for a period not exceeding three years, or both. Such fine or
     2  prohibition shall not go into effect until twenty days have
     3  elapsed from the date of notice of issuance of the [board's]
     4  commission's order.
     5     (f)  If, after hearing, the [board] commission prohibits the
     6  importation of malt or brewed beverages manufactured by such
     7  outside manufacturer into this Commonwealth, notice of such
     8  [board] commission action shall be given immediately to such
     9  manufacturer and to all persons licensed to import malt or
    10  brewed beverages within this Commonwealth by mailing a copy of
    11  such order to such manufacturer at its principal place of
    12  business, wherever located, and to such licensees at their
    13  licensed premises. Thereafter, it shall be unlawful for any
    14  person licensed to import malt or brewed beverages within this
    15  Commonwealth to purchase any malt or brewed beverages
    16  manufactured by such outside manufacturer during the term of
    17  such prohibition.
    18     (g)  Any violation of such prohibitory order shall be a
    19  misdemeanor and shall be punished in the same manner as herein
    20  provided for any other violation of this act, and shall also
    21  constitute grounds for revocation or suspension of a license to
    22  import malt or brewed beverages.
    23     (h)  In all such cases, the [board] commission shall file of
    24  record at least a brief statement in the form of an opinion of
    25  the reasons for the ruling or order.
    26     SECTION 58.1.  THE ACT IS AMENDED BY ADDING A SECTION TO       <--
    27  READ:
    28     SECTION 445.  LIMITED BREWERIES.--(A)  HOLDERS OF A LIMITED
    29  BREWERY LICENSE MAY:
    30     (1)  SELL MALT OR BREWED BEVERAGES PRODUCED BY THE LIMITED
    19870H1000B1366                 - 125 -

     1  BREWERY ON THE LICENSED PREMISES UNDER SUCH CONDITIONS AND
     2  REGULATIONS AS THE COMMISSION MAY ENFORCE, TO THE COMMISSION, TO
     3  INDIVIDUALS FOR CONSUMPTION ON OR OFF THE PREMISES AND TO HOTEL,
     4  RESTAURANT, CLUB AND PUBLIC SERVICE LIQUOR LICENSEES.
     5     (2)  OPERATE A RESTAURANT OR BREWERY PUB ON THE LICENSED
     6  PREMISES UNDER SUCH CONDITIONS AND REGULATIONS AS THE COMMISSION
     7  MAY ENFORCE.
     8     (B)  THE TERM "LIMITED BREWERY" AS USED IN THIS SECTION SHALL
     9  INCLUDE MANUFACTURERS OF MALT OR BREWED BEVERAGES PRODUCED
    10  WITHIN THIS COMMONWEALTH NOT EXCEEDING TWENTY THOUSAND BARRELS
    11  PER YEAR.
    12     Section 59.  The heading of Subdivision (C) of Article IV of
    13  the act is reenacted to read:
    14      (C)  General Provisions Applying to Both Liquor and Malt
    15                       and Brewed Beverages.
    16     Section 60.  Section 461 of the act, amended June 19, 1961
    17  (P.L.484, No.245), September 2, 1971 (P.L.429, No.103), December
    18  17, 1982 (P.L.1390, No.319) and May 2, 1986 (P.L.141, No.44), is
    19  reenacted and amended to read:
    20     Section 461.  Limiting Number of Retail Licenses To Be Issued
    21  In Each Municipality.--(a)  No licenses shall hereafter be
    22  granted by the [board] commission for the retail sale of malt or
    23  brewed beverages or the retail sale of liquor and malt or brewed
    24  beverages in excess of one of such licenses of any class for
    25  each two thousand inhabitants in any municipality, exclusive of
    26  licenses granted to airport restaurants, municipal golf courses,
    27  hotels, privately-owned public golf courses, as defined in this
    28  section, and clubs; but at least one such license may be granted
    29  in each municipality and in each part of a municipality where
    30  such municipality is split so that each part thereof is
    19870H1000B1366                 - 126 -

     1  separated by another municipality, except in municipalities
     2  where the electors have voted against the granting of any retail
     3  licenses and except in that part of a split municipality where
     4  the electors have voted against the granting of any retail
     5  licenses. Nothing contained in this section shall be construed
     6  as denying the right to the [board] commission to renew or to
     7  transfer existing retail licenses of any class notwithstanding
     8  that the number of such licensed places in a municipality shall
     9  exceed the limitation hereinbefore prescribed; but where such
    10  number exceeds the limitation prescribed by this section, no new
    11  license, except for hotels, municipal golf courses, airport
    12  restaurants, privately-owned public golf courses and privately-
    13  owned private golf course licensees, as defined in this section,
    14  shall be granted so long as said limitation is exceeded.
    15     (b)  The [board] commission shall have the power to increase
    16  the number of licenses in any such municipality which in the
    17  opinion of the [board] commission is located within a resort
    18  area.
    19     (c)  The word "hotel" as used in this section shall mean any
    20  reputable place operated by a responsible person of good
    21  reputation where the public may, for a consideration, obtain
    22  sleeping accommodations, and which shall have the following
    23  number of bedrooms and requirements in each case--at least one-
    24  half of the required number of bedrooms shall be regularly
    25  available to transient guests seven days weekly, except in
    26  resort areas; at least one-third of such bedrooms shall be
    27  equipped with hot and cold water, a lavatory, commode, bathtub
    28  or shower and a clothes closet; and an additional one-third of
    29  the total of such required rooms shall be equipped with lavatory
    30  and commode:
    19870H1000B1366                 - 127 -

     1     (1)  In municipalities having a population of less than three
     2  thousand, at least twelve permanent bedrooms for the use of
     3  guests.
     4     (2)  In municipalities having a population of three thousand
     5  and more but less than ten thousand inhabitants, at least
     6  sixteen permanent bedrooms for the use of guests.
     7     (3)  In municipalities having a population of ten thousand
     8  and more but less than twenty-five thousand inhabitants, at
     9  least thirty permanent bedrooms for the use of guests.
    10     (4)  In municipalities having a population of twenty-five
    11  thousand and more but less than one hundred thousand
    12  inhabitants, at least forty permanent bedrooms for the use of
    13  guests.
    14     (5)  In municipalities having a population of one hundred
    15  thousand and more inhabitants, at least fifty permanent bedrooms
    16  for the use of guests.
    17     (6)  A public dining room or rooms operated by the same
    18  management accommodating at least thirty persons at one time and
    19  a kitchen, apart from the dining room or rooms, in which food is
    20  regularly prepared for the public.
    21     (7)  Each room to be considered a bedroom under the
    22  requirements of this section shall have an area of not less than
    23  eighty square feet and an outside window.
    24     (8)  The provisions of this subsection (c) shall not apply to
    25  hotel licenses granted prior to the first day of September, one
    26  thousand nine hundred forty-nine, or that have been granted on
    27  any application made and pending prior to said date, nor to any
    28  renewal or transfer thereof, or hotels under construction or for
    29  which a bona fide contract had been entered into for
    30  construction prior to said date. In such cases, the provisions
    19870H1000B1366                 - 128 -

     1  of section one of the act, approved the twenty-fourth day of
     2  June, one thousand nine hundred thirty-nine (Pamphlet Laws 806),
     3  shall continue to apply.
     4     (d)  "Airport restaurant," as used in this section, shall
     5  mean restaurant facilities at any airport for public
     6  accommodation, which are owned or operated directly or through
     7  lessees by the Commonwealth of Pennsylvania, by any municipal
     8  authority, county or city, either severally or jointly, with any
     9  other municipal authority, county or city, but shall not include
    10  any such restaurant facilities at any airport situated in a
    11  municipality where by vote of the electors the retail sale of
    12  liquor and malt or brewed beverages is not permitted.
    13     (e)  "Municipal golf course" as used in this section shall
    14  mean the restaurant facilities at any municipal golf course open
    15  for public accommodation, which are owned or operated directly
    16  or through lessees by a county, municipality or a municipal
    17  authority, severally or jointly with any other county,
    18  municipality or municipal authority, including any such
    19  restaurant facilities at any municipal golf course situate in a
    20  municipality where by vote of the electors the retail sale of
    21  liquor and malt and brewed beverages is not permitted.
    22     (e.1)  "Privately-owned public golf course" as used in this
    23  section shall mean the restaurant facilities at any privately-
    24  owned golf course open for public accommodation.
    25     (e.2)  "Privately-owned private golf course" as used in this
    26  section shall mean the clubhouse at any privately-owned golf
    27  course as defined in section 102 open for private membership
    28  accommodations only as a club as defined in section 102. The
    29  license to be issued in this instance shall be a club license.
    30     (f)  The provisions of subsection (a) which apply to
    19870H1000B1366                 - 129 -

     1  privately-owned public golf courses shall not apply to the owner
     2  of such course who has, within three years prior to the
     3  effective date of this amendatory act or at any time after the
     4  effective date of this amendatory act, sold or transferred a
     5  regularly issued license for such course.
     6     Section 61.  Section 461.1 of the act, added December 12,
     7  1980 (P.L.1195, No.221), is reenacted and amended to read:
     8     Section 461.1.  Incorporated Units of National Veterans'
     9  Organizations.--(a)  The [board] commission shall have the
    10  authority to issue new licenses to incorporated units of
    11  national veterans' organizations, as defined herein, in
    12  municipalities where the number of licenses exceeds the
    13  limitation prescribed by section 461.
    14     (b)  The term "national veterans' organization" shall mean
    15  any veterans' organization having a national charter.
    16     The term "incorporated unit of a national veterans'
    17  organization" shall mean any incorporated post, branch, camp,
    18  detachment, lodge or other subordinate unit of a national
    19  veterans' organization having one hundred or more paid up
    20  members and organized for a period of at least three years prior
    21  to filing the application for a license.
    22     (c)  When the charter of an incorporated unit of a national
    23  veterans' organization is suspended or revoked, the retail
    24  license of the organization shall also be suspended or revoked.
    25  The retail license of an incorporated unit of a national
    26  veterans' organization is not transferable to any other
    27  organization or person.
    28     Section 62.  Section 462 of the act is reenacted and amended
    29  to read:
    30     Section 462.  Licensed Places May Be Closed During Period of
    19870H1000B1366                 - 130 -

     1  Emergency.--The [board] commission may, with the approval of the
     2  Governor,
     3     (a)  Temporarily close all licensed places within any
     4  municipality during any period of emergency proclaimed to be
     5  such by the Governor.
     6     (b)  Advance by one hour the hours prescribed in this act as
     7  the hours during which liquor and malt or brewed beverages may
     8  be sold in any municipality during such part of the year when
     9  daylight saving time may be observed generally in such
    10  municipality.
    11     Section 63.  Section 463 of the act, amended November 17,
    12  1967 (P.L.510, No.247), March 23, 1972 (P.L.122, No.46) and May
    13  9, 1984 (P.L.246, No.54), is reenacted and amended to read:
    14     Section 463.  Places of Amusement Not To Be Licensed;
    15  Penalty.--(a)  No license for the sale of liquor or malt or
    16  brewed beverages in any quantity shall be granted to the
    17  proprietors, lessees, keepers or managers of any theater,
    18  circus, museum or other place of amusement, nor shall any house
    19  be licensed for the sale of liquor or malt or brewed beverages
    20  which has passage or communication to or with any theater,
    21  circus, museum or other place of amusement, and any license
    22  granted contrary to this act shall be null and void. Nothing
    23  contained in this section shall be construed as denying to the
    24  [board] commission the right to grant a restaurant liquor
    25  license regardless of quota restrictions to the owner or
    26  operator of a restaurant in a building on a plot of ground owned
    27  or possessed under lease by a corporation incorporated under the
    28  laws of this Commonwealth and used principally by such
    29  corporation for holding outdoor sport events wherein such events
    30  are held under a license issued as provided by law to such
    19870H1000B1366                 - 131 -

     1  corporation by a department, board or commission of the
     2  Commonwealth of Pennsylvania. The restaurant liquor license
     3  aforementioned shall be subject to all the conditions and
     4  restrictions herein applicable to restaurant liquor licenses,
     5  except the above prohibition against any passageway or
     6  communication between such licensed premises and the place of
     7  amusement.
     8     Nothing contained in this act shall be construed as denying
     9  to the [board] commission the right to grant a new restaurant
    10  liquor license, regardless of quota restrictions, at any time,
    11  to the owner or operator of a restaurant in a building or plot
    12  of ground having a seating capacity in excess of twenty-five
    13  thousand, used principally for holding automobile races.
    14     (a.1)  Nothing contained in subsection (a) of this section or
    15  in section 102 of this act shall be construed as denying to the
    16  [board] commission the right to grant a club or restaurant
    17  liquor or malt and brewed beverage license to a club
    18  incorporated in this Commonwealth which has been in existence
    19  less than one year prior to making application under this
    20  section or to a restaurant either of which has a clubhouse or
    21  restaurant located in a stadium or arena having an available
    22  seating capacity of twelve thousand or more and owned and
    23  operated by or pursuant to an agreement with any city of the
    24  first class or created and operated under and in compliance with
    25  the act of July 29, 1953 (P.L.1034), known as the "Public
    26  Auditorium Authorities Law," and used principally for events at
    27  which athletes compete or other types of performers entertain.
    28  The club or restaurant liquor or malt and brewed beverage
    29  license aforementioned shall be subject to all the conditions
    30  and restrictions applicable to such licenses and licenses for
    19870H1000B1366                 - 132 -

     1  places of amusement, except the above prohibition against any
     2  passageway or communication between such licensed premises and
     3  the place of amusement.
     4     (a.2)  Nothing contained in this act shall be construed to
     5  prevent the holder of a hotel, restaurant liquor or malt and
     6  brewed beverage license from selling liquor and malt or brewed
     7  beverages in a bowling alley, or other recreational areas
     8  including, but no limited to, game rooms and video arcade areas
     9  of hotels, when no minors are present, unless minors who are
    10  present are under proper supervision as defined in section 493,
    11  where the restaurant, bowling alley, or other recreational areas
    12  including, but not limited to, game rooms and video arcade areas
    13  of hotels are immediately adjacent and under the same roof. The
    14  restaurant liquor or malt and brewed beverage licensee
    15  aforementioned shall be subject to all the conditions and
    16  restrictions applicable to such restaurant licenses except the
    17  above prohibition against any passageway or communication
    18  between a licensed premise and a place of amusement.
    19     (b)  Any proprietor, lessee, keeper or manager of any
    20  theater, circus, museum or other place of amusement, or any
    21  other person who shall violate the provisions of this section,
    22  shall be guilty of a misdemeanor and, upon conviction thereof,
    23  shall be sentenced to pay a fine of one hundred dollars and to
    24  undergo an imprisonment of not less than thirty days.
    25     Section 64.  Section 464 of the act, amended June 3, 1971
    26  (P.L.118, No.6), is reenacted and amended to read:
    27     Section 464.  Hearings Upon Refusal of Licenses, Renewals or
    28  Transfers; Appeals.--(a)  The [board] commission may of its own
    29  motion, and shall upon the written request of any applicant for
    30  club, hotel or restaurant liquor license, or any applicant for
    19870H1000B1366                 - 133 -

     1  any malt or brewed beverage license other than a public service
     2  license, or for renewal or transfer thereof, whose application
     3  for such license, renewal or transfer has been refused, fix a
     4  time and place for hearing of such application for license or
     5  for renewal or transfer thereof, notice of which hearing shall
     6  be mailed to the applicant at the address given in his
     7  application. Such hearing shall be before [the board, a member
     8  thereof, or an examiner designated by the board] an
     9  administrative law judge. At such hearing, the [board]
    10  commission shall present its reasons for its refusal or
    11  withholding of license, renewal or transfer thereof. The
    12  applicant may appear in person or by counsel, may cross-examine
    13  the witnesses for the [board] commission and may present
    14  evidence which shall likewise be subject to cross-examination by
    15  the [board] commission. Such hearing shall be stenographically
    16  recorded. The [examiner] administrative law judge shall
    17  thereafter report to the [board] commission upon such hearing.
    18  The [board] commission shall thereupon grant or refuse the
    19  license, renewal or transfer thereof. In considering the renewal
    20  of a license, the [board] commission shall not refuse any such
    21  renewal on the basis of the propriety of the original issuance
    22  or any prior renewal of such license. If the [board] commission
    23  shall refuse such license, renewal or transfer following such
    24  hearing, notice in writing of such refusal shall be mailed to
    25  the applicant at the address given in his application. In all
    26  such cases, the [board] commission shall file of record at least
    27  a brief statement in the form of an opinion of the reasons for
    28  the ruling or order and furnish a copy thereof to the applicant.
    29  Any applicant who has appeared [before the board or any agent
    30  thereof] at any hearing, as above provided, who is aggrieved by
    19870H1000B1366                 - 134 -

     1  the refusal of the [board] commission to issue any such license
     2  or to renew or transfer any such license may appeal, or any
     3  church, hospital, charitable institution, school or public
     4  playground located within three hundred feet of the premises
     5  applied for, aggrieved by the action of the [board] commission
     6  in granting the issuance of any such license or the transfer of
     7  any such license, may take an appeal limited to the question of
     8  such grievance, within twenty days from date of refusal or
     9  grant, to the court of [quarter sessions] common pleas of the
    10  county in which the premises applied for is located [or the
    11  county court of Allegheny County]. Such appeal shall be upon
    12  petition of the aggrieved party, who shall serve a copy thereof
    13  upon the [board] commission, whereupon a hearing shall be held
    14  upon the petition by the court upon ten days' notice to the
    15  [board, which shall be represented in the proceeding by the
    16  Department of Justice] commission. The said appeal shall act as
    17  a supersedeas unless upon sufficient cause shown the court shall
    18  determine otherwise. The court shall hear the application de
    19  novo on questions of fact, administrative discretion and such
    20  other matters as are involved, at such time as it shall fix, of
    21  which notice shall be given to the [board] commission. The court
    22  shall either sustain or over-rule the action of the [board]
    23  commission and either order or deny the issuance of a new
    24  license or the renewal or transfer of the license to the
    25  applicant.
    26     (b)  The jurisdiction of the county court of Allegheny County
    27  conferred hereby shall be exclusive within the territorial
    28  limits of its jurisdiction.
    29     Section 65.  Sections 465, 466 and 467 AND 466 of the act are  <--
    30  reenacted and amended to read:
    19870H1000B1366                 - 135 -

     1     Section 465.  All Licensees to Furnish Bond.--(a)  No license
     2  shall be issued to any applicant under the provisions of this
     3  article until such applicant has filed with the [board]
     4  commission an approved bond and a warrant of attorney to confess
     5  judgment payable to the Commonwealth of Pennsylvania in the
     6  amount hereinafter prescribed.
     7     (b)  Bonds of all such applicants shall have as surety a
     8  surety company authorized to do business in this Commonwealth,
     9  or shall have deposited therewith, as collateral security, cash
    10  or negotiable obligations of the United States of America or the
    11  Commonwealth of Pennsylvania in the same amount as herein
    12  provided for the penal sum of bonds. In all cases where cash or
    13  securities in lieu of other surety have been deposited with the
    14  [board] commission, the depositor shall be permitted to continue
    15  the same deposit from year to year on each renewal of license,
    16  but in no event shall he be permitted to withdraw his deposit
    17  during the time he holds said license, or until six months after
    18  the expiration of the license held by him, or while revocation
    19  proceedings are pending against such license. All cash or
    20  securities received by the [board] commission in lieu of other
    21  surety shall be turned over by the [board] commission to the
    22  State Treasurer and held by him. The State Treasurer shall repay
    23  or return money or securities deposited with him to the
    24  respective depositors only on the order of the [board]
    25  commission.
    26     (c)  No such bond shall be accepted until approved by the
    27  [board] commission. All such bonds shall be conditioned for the
    28  faithful observance of all the laws of this Commonwealth
    29  relating to liquor, alcohol and malt or brewed beverages and the
    30  regulations of the [board] commission. All bonds shall be
    19870H1000B1366                 - 136 -

     1  retained by the [board] commission.
     2     (d)  The penal sum of the respective bonds filed under the
     3  provisions of this section shall be as follows:
     4     (1)  Manufacturers of malt or brewed beverages, ten thousand
     5  dollars ($10,000.00) for each place at which the licensee is
     6  authorized to manufacture.
     7     (2)  Liquor importers, ten thousand dollars ($10,000.00) for
     8  each license.
     9     (3)  Sacramental wine licensees, ten thousand dollars
    10  ($10,000.00).
    11     (4)  Importing distributors of malt or brewed beverages, two
    12  thousand dollars ($2,000.00).
    13     (5)  Hotel, restaurant, club and public service liquor
    14  licensees, two thousand dollars ($2,000.00), but in the case of
    15  a railroad or pullman company, such penal sum shall cover every
    16  dining, club or buffet car of such company operated under such
    17  license.
    18     (6)  Distributors of malt or brewed beverages, one thousand
    19  dollars ($1,000.00).
    20     (7)  Retail dispensers and public service malt or brewed
    21  beverage licensees, one thousand dollars ($1,000.00) for each
    22  place at which the licensee is authorized to sell malt or brewed
    23  beverages, except that in the case of railroad or pullman
    24  companies, said penal sum shall be one thousand dollars
    25  ($1,000.00), irrespective of the number of licensed cars
    26  operated by the company.
    27     (e)  Every such bond may be forfeited when a license is
    28  revoked and shall be turned over to the Attorney General for
    29  collection if and when the licensee's license shall have been
    30  revoked and his bond forfeited as provided in this act.
    19870H1000B1366                 - 137 -

     1     Section 466.  Disposition of Cash and Securities Upon
     2  Forfeiture of Bond.--After notice from the [board] commission
     3  that any of the aforesaid bonds have been forfeited, the State
     4  Treasurer shall immediately pay into The State Stores Fund all
     5  cash deposited as collateral with such bond, and when securities
     6  have been deposited with such bond, the State Treasurer shall
     7  sell, at private sale, at not less than the prevailing market
     8  price, any such securities so deposited as collateral with such
     9  forfeited bond. The State Treasurer shall thereafter deposit in
    10  The State Stores Fund the net amount realized from the sale of
    11  such securities, except that if the amount so realized, after
    12  deducting proper costs and expenses, is in excess of the penal
    13  amount of the bond, such excess shall be paid over by him to the
    14  obligor on such forfeited bond.
    15     SECTION 65.1.  SECTION 467 OF THE ACT IS REENACTED TO READ:    <--
    16     Section 467.  Display of License.--Every license issued under
    17  this article shall be constantly and conspicuously exposed under
    18  transparent substance on the licensed premises and no license
    19  shall authorize sales until this section has been complied with.
    20     Section 66.  Section 468 of the act, amended November 26,
    21  1978 (P.L.1389, No.326) and June 24, 1982 (P.L.624, No.176), is
    22  reenacted and amended to read:
    23     Section 468.  Licenses Not Assignable; Transfers.--(a)
    24  Licenses issued under this article may not be assigned. The
    25  [board] commission, upon payment of the transfer filing fee and
    26  the execution of a new bond, is hereby authorized to transfer
    27  any license issued by it under the provisions of this article
    28  from one person to another or from one place to another, or
    29  both, within the same municipality, and if the applicant is a
    30  unit of a nonprofit nationally chartered club, the [board]
    19870H1000B1366                 - 138 -

     1  commission is hereby authorized to transfer such license to a
     2  place in any other municipality within the same county if the
     3  sale of liquor or malt and brewed beverages are legal in such
     4  other municipality as the [board] commission may determine.
     5  Prior to the approval of an application for transfer by a unit
     6  of a nonprofit nationally chartered club the [board] commission
     7  shall make an affirmative finding, upon proof submitted by the
     8  applicant, and after investigation by the [board] commission,
     9  that at the time the application for transfer is made the club
    10  continues to hold a valid national charter and continues to
    11  function in fact as a club as defined in section 102. The
    12  [board] commission, in its discretion, may transfer an existing
    13  restaurant retail dispenser or club license from one
    14  municipality to another in the same county regardless of the
    15  quota limitations provided for in this act, if sales of liquor
    16  or malt and brewed beverages are legal in such other
    17  municipality and if the restaurant retail dispenser or club lost
    18  the use of the building in which it was located due to
    19  governmental exercise of the right of eminent domain and no
    20  other suitable building can be found in the first municipality.
    21  In the case of distributor and importing distributor licenses,
    22  the [board] commission may transfer any such license from its
    23  place in a municipality to a place in any other municipality
    24  within the same county, or from one place to another place
    25  within the same municipality, or exchange a distributor license
    26  for an importing distributor license or an importing distributor
    27  license for a distributor license, if the building for which the
    28  license is to be issued has, in the case of an importing
    29  distributor license, an area under one roof of two thousand five
    30  hundred square feet and, in the case of a distributor license,
    19870H1000B1366                 - 139 -

     1  an area under one roof of one thousand square feet: And
     2  provided, That, in the case of all transfers of distributor or
     3  importing distributor licenses, whether from a place within the
     4  same municipality to another place within the same municipality
     5  or from a place in a municipality to a place in any other
     6  municipality within the same county, and, in the case of an
     7  exchange of a distributor license for an importing distributor
     8  license or an importing distributor license for a distributor
     9  license, the premises to be affected by the transfer or exchange
    10  shall contain an office separate and apart from the remainder of
    11  the premises to be licensed for the purpose of keeping records,
    12  required by the [board] commission, adequate toilet facilities
    13  for employes of the licensee and an entrance on a public
    14  thoroughfare: Provided, however, That in the event that the
    15  majority of the voting electors of a municipality, at an
    16  election held under the provisions of any law so empowering them
    17  to do, shall vote against the issuance of distributor or
    18  importing distributor licenses in such municipality, the [board]
    19  commission is hereby authorized to transfer any such distributor
    20  or importing distributor license from its place in such
    21  municipality to a place in any other municipality within the
    22  same county, upon application prior to the expiration of any
    23  such license and upon payment of the transfer filing fee and the
    24  execution of a new bond; but no transfer shall be made to a
    25  person who would not have been eligible to receive the license
    26  originally nor for the transaction of business at a place for
    27  which the license could not lawfully have been issued
    28  originally, nor, except as herein provided, to a place as to
    29  which a license has been revoked. No license shall be
    30  transferred to any place or property upon which is located as a
    19870H1000B1366                 - 140 -

     1  business the sale of liquid fuels and oil. Except in cases of
     2  emergency such as death, serious illness, or circumstances
     3  beyond the control of the licensee, as the [board] commission
     4  may determine such circumstances to justify its action,
     5  transfers of licenses may be made only at times fixed by the
     6  [board] commission. In the case of the death of a licensee, the
     7  [board] commission may transfer the license to the surviving
     8  spouse or personal representative or to a person designated by
     9  him. From any refusal to grant a transfer or upon the grant of
    10  any transfer, the party aggrieved shall have the right of appeal
    11  to the proper court in the manner hereinbefore provided. The
    12  commission shall not authorize the transfer of any license under
    13  this subsection where the application for transfer has been
    14  denied by an administrative law judge pursuant to section 404.
    15     (b.1)  In the event that any person to whom a license shall
    16  have been issued under the provisions of this article shall
    17  become insolvent, make an assignment for the benefit of
    18  creditors, become bankrupt by either voluntary or involuntary
    19  action, the license of such person shall be immediately placed
    20  in safekeeping with the [board] commission for the balance of
    21  the term of the license and for an additional period of one year
    22  upon application to the [board] commission by the trustee,
    23  receiver, or assignee. The trustee, receiver, or assignee shall
    24  have, during said period of safekeeping, the same rights,
    25  benefits and obligations as to the license as the person to whom
    26  the license had been issued, including the right to transfer the
    27  license subject to the approval of the [board] commission. The
    28  license shall continue as a personal privilege granted by the
    29  [board] commission and nothing herein shall constitute the
    30  license as property.
    19870H1000B1366                 - 141 -

     1     (c)  (1)  The term "nonprofit nationally chartered club"
     2  shall mean any club which does not contemplate pecuniary gain or
     3  profit, incidental or otherwise, having a national charter.
     4     (2)  The term "unit of a nonprofit nationally chartered club"
     5  shall mean any post, branch, lodge or other subordinate unit of
     6  a nonprofit nationally chartered club.
     7     Section 67.  Section 469 of the act, amended September 28,
     8  1961 (P.L.1728, No.702), is reenacted and amended to read:
     9     Section 469.  Applications for Transfers; Fees.--(a)  Every
    10  applicant for a transfer of a license under the provisions of
    11  this article shall file a written application with the [board]
    12  commission, together with a filing fee of thirty dollars ($30)
    13  if the license to be transferred is a liquor license, and twenty
    14  dollars ($20) if the license is a malt or brewed beverage
    15  license. Such application shall be is such form and shall be
    16  filed at such times as the [board] commission shall in its
    17  regulations prescribe. Each such applicant shall also file an
    18  approved bond as required on original applications for such
    19  licenses.
    20     (b)  Whenever any license is transferred, no license or other
    21  fees shall be required from the persons to whom such transfer is
    22  made for the balance of the then current license year, except
    23  the filing fee as herein provided.
    24     Section 68.  Section 470 of the act, amended August 1, 1969
    25  (P.L.219, No.87), is reenacted and amended to read:
    26     Section 470.  Renewal of Licenses; Temporary Provisions for
    27  Licensees in Armed Service.--(a)  All applications for renewal
    28  of licenses under the provisions of this article shall be filed
    29  with a new bond, requisite license and filing fees at least
    30  sixty days before the expiration date of same: Provided,
    19870H1000B1366                 - 142 -

     1  however, That the [board] commission, in its discretion, may
     2  accept a renewal application filed less than sixty days before
     3  the expiration date of the license with the required bond and
     4  fees, upon reasonable cause shown and the payment of an
     5  additional filing fee of one hundred dollars ($100.00) for late
     6  filing: And provided further, That except where the failure to
     7  file a renewal application or before the expiration date has
     8  created a license quota vacancy after said expiration date which
     9  has been filled by the issuance of a new license, after such
    10  expiration date, but before the [board] commission has received
    11  a renewal application within the time prescribed herein the
    12  [board] commission, in its discretion, may, after hearing,
    13  accept a renewal application filed within ten months after the
    14  expiration date of the license with the required bond and fees
    15  upon the payment of an additional filing fee of two hundred
    16  fifty dollars ($250.00) for late filing. Where any such renewal
    17  application is filed less than sixty days before the expiration
    18  date, or subsequent to the expiration date, no license shall
    19  issue upon the filing of the renewal application until the
    20  matter is finally determined by the [board] commission and if an
    21  appeal is taken from the [board's] commission's action the
    22  courts shall not order the issuance of the renewal license until
    23  final determination of the matter by the courts. A renewal
    24  application will not be considered filed unless accompanied by a
    25  new bond and the requisite filing and license fees and any
    26  additional filing fee required by this section. Unless the
    27  [board] commission shall have given ten days' previous notice to
    28  the applicant of objections to the renewal of his license, based
    29  upon violation by the licensee or his servants, agents or
    30  employes of any of the laws of the Commonwealth or regulations
    19870H1000B1366                 - 143 -

     1  of the [board] commission relating to the manufacture,
     2  transportation, use, storage, importation, possession or sale of
     3  liquors, alcohol or malt or brewed beverages, or the conduct of
     4  a licensed establishment, or unless the applicant has by his own
     5  act become a person of ill repute, or unless the premises do not
     6  meet the requirements of this act or the regulations of the
     7  [board] commission, the license of a licensee shall be renewed.
     8     (b)  In cases where a licensee or his servants, agents or
     9  employes are arrested, charged with violating any of the laws of
    10  this Commonwealth relating to liquor, alcohol or malt or brewed
    11  beverages, and where the [board] commission has on file in such
    12  cases reports of [its] enforcement officers or investigators of
    13  the enforcement bureau or from other sources that a licensee or
    14  his servants, agents or employes have violated any of the
    15  aforementioned laws and a proceeding to revoke such licensee's
    16  license is or is about to be instituted, and such arrest occurs
    17  or report of violations is received or revocation proceeding
    18  instituted or about to be instituted during the time a renewal
    19  application of such license in pending before the [board]
    20  commission, the [board] commission may, in its discretion, renew
    21  the license, notwithstanding such alleged violations, but such
    22  renewal license may be revoked if and when the licensee or any
    23  of his servants, agents or employes are convicted of or plead
    24  guilty to violations under the previous license, as aforesaid,
    25  or if and when such previous license is for any reason revoked.
    26     In the event such renewal license is revoked by the [board]
    27  commission, neither the license fee paid for such license nor
    28  any part thereof shall be returned to the licensee, but the
    29  license bond filed with the application for such renewal of
    30  license shall not be forfeited.
    19870H1000B1366                 - 144 -

     1     [(c)  Notwithstanding anything to the contrary in this
     2  section, any individual who holds a restaurant or hotel liquor
     3  license or a retail dispenser (hotel or eating place) malt or
     4  brewed beverage license in effect at the time such individual
     5  enters the armed forces of the United States of America, may
     6  surrender to the board for safekeeping the said license and, if
     7  surrendered, shall furnish the board with documentary evidence
     8  as to his entering such armed forces. Upon surrender of the
     9  license, the board shall, without the filing of an application
    10  for renewal or surety bond, the payment of filing and license
    11  fees, renew the said license from year to year and hold the same
    12  in its possession for the benefit of such licensee. A license so
    13  renewed by the board shall to all intents and purposes be
    14  considered as in full force and effect, notwithstanding the
    15  licensee is not exercising the privileges thereunder, and shall
    16  be returned to the said licensee at any time within one year
    17  from the date of his honorable discharge from the armed forces
    18  of the United States upon the filing of an application therefor,
    19  surety bond, and payment of the filing and license fees as
    20  hereinafter provided. The said application for return of license
    21  shall be on a form prescribed by the board, accompanied by a
    22  filing fee in the sum of ten dollars ($10.00) and the prescribed
    23  license fee, except that when such application is filed after a
    24  portion of the then current license term has elapsed, the
    25  license fee shall be prorated on a monthly basis for the balance
    26  of the license year: Provided, however, That the said license
    27  shall not be returned if the electors of the municipality in
    28  which the licensed establishment is situate have voted against
    29  the granting of retail liquor licenses or against the granting
    30  of retail dispenser licenses, as the case may be, under the
    19870H1000B1366                 - 145 -

     1  local option provision of this act. In the event the premises
     2  originally covered by the license are not available for
     3  occupancy by the licensee at the time he files his application
     4  for return of license, as hereinbefore provided, he shall be
     5  permitted to file an application for transfer of the license to
     6  other premises in the same municipality. Such transfer of the
     7  license shall be subject to all of the provisions of this act
     8  pertaining to the transfer of such licenses.
     9     This subsection (c) was enacted due to conditions caused by
    10  the present war and shall remain in effect only until the
    11  termination of said war and one year thereafter.]
    12     Section 69.  Sections 470.1 and 470.2 of the act are
    13  repealed.
    14     Section 70.  Section 471 of the act, amended January 13, 1966
    15  (1965 P.L.1301, No.518) and repealed in part June 3, 1971
    16  (P.L.118, No.6), is reenacted and amended to read:
    17     Section 471.  Revocation and Suspension of Licenses; Fines.--
    18  [Upon learning of any violation of this act or any laws of this
    19  Commonwealth relating to liquor, alcohol or malt or brewed
    20  beverages, or of any regulations of the board adopted pursuant
    21  to such laws, of any violation of any laws of this Commonwealth
    22  or of the United States of America relating to the tax-payment
    23  of liquor or malt or brewed beverages by any licensee within the
    24  scope of this article, his officers, servants, agents or
    25  employes, or upon any other sufficient cause shown, the board
    26  may, within one year from the date of such violation or cause
    27  appearing, cite such licensee to appear before it or its
    28  examiner, not less than ten nor more than sixty days from the
    29  date of sending such licensee, by registered mail, a notice
    30  addressed to him at his licensed premises, to show cause why
    19870H1000B1366                 - 146 -

     1  such license should not be suspended or revoked or a fine
     2  imposed. Hearings on such citations shall be held in the same
     3  manner as provided herein for hearings on applications for
     4  license. Upon such hearing, if satisfied that any such violation
     5  has occurred or for other sufficient cause, the board shall
     6  immediately suspend or revoke the license, or impose a fine of
     7  not less than fifty dollars ($50) nor more than one thousand
     8  dollars ($1,000), notifying the licensee by registered letter
     9  addressed to his licensed premises. In the event the fine is not
    10  paid within twenty days of the order the board shall suspend or
    11  revoke the license, notifying the licensee by registered mail
    12  addressed to his licensed premises. Suspensions and revocations
    13  shall not go into effect until twenty days have elapsed from the
    14  date of notice of issuance of the board's order, during which
    15  time the licensee may take an appeal as provided for in this
    16  act. When a license is revoked, the licensee's bond may be
    17  forfeited by the board. Any licensee whose license is revoked
    18  shall be ineligible to have a license under this act until the
    19  expiration of three years from the date such license was
    20  revoked. In the event the board shall revoke a license, no
    21  license shall be granted for the premises or transferred to the
    22  premises in which the said license was conducted for a period of
    23  at least one year after the date of the revocation of the
    24  license conducted in the said premises, except in cases where
    25  the licensee or a member of his immediate family is not the
    26  owner of the premises, in which case the board may, in its
    27  discretion, issue or transfer a license within the said year. In
    28  all such cases, the board shall file of record at least a brief
    29  statement in the form of an opinion of the reasons for the
    30  ruling or order. In the event the person who was fined or whose
    19870H1000B1366                 - 147 -

     1  license was suspended or revoked by the board shall feel
     2  aggrieved by the action of the board, he shall have the right to
     3  appeal to the court of quarter sessions or the county court of
     4  Allegheny County in the same manner as herein provided for
     5  appeals from refusals to grant licenses. Upon appeal, the court
     6  so appealed to shall, in the exercise of its discretion,
     7  sustain, reject, alter or modify the findings, conclusions and
     8  penalties of the board, based on the findings of fact and
     9  conclusions of law as found by the court. The aforesaid appeal
    10  shall act as a supersedeas unless upon sufficient cause shown
    11  the court shall determine otherwise. No penalty provided by this
    12  section shall be imposed by the board or any court for any
    13  violations provided for in this act unless the enforcement
    14  officer or the board notifies the licensee of its nature and of
    15  the date of the alleged violation within ten days of the
    16  completion of the investigation which in no event shall exceed
    17  ninety days.
    18     If the violation in question is a third or subsequent
    19  violation of this act or the act of June 24, 1939 (P.L.872),
    20  known as "The Penal Code," occurring within a period of four
    21  years the board shall impose a suspension or revocation.
    22     The jurisdiction of the county court of Allegheny County
    23  conferred hereby shall be exclusive within the territorial
    24  limits of its jurisdiction.] (a)  Upon learning of any violation
    25  of this act or any laws of this Commonwealth relating to liquor,
    26  alcohol or malt or brewed beverages, or of any regulations of
    27  the commission adopted pursuant to such laws, or any violation
    28  of any laws of this Commonwealth or of the Federal Government
    29  relating to the payment of taxes on liquor, alcohol or malt or
    30  brewed beverages by any licensee within the scope of this
    19870H1000B1366                 - 148 -

     1  article, his officers, servants, agents or employes, or upon any
     2  other sufficient cause shown, the enforcement bureau may, within
     3  one year from the date of such violation or cause appearing,
     4  cite such licensee to appear before an administrative law judge,
     5  not less than ten nor more than sixty days from the date of
     6  sending such licensee, by registered mail, a notice addressed to
     7  him at his licensed premises, to show cause why such license
     8  should not be suspended or revoked or a fine imposed, or both.
     9  The bureau shall also send a copy of the hearing notice to the
    10  municipality in which the premises is located.
    11     (b)  Hearing on such citations shall be held in the same
    12  manner as provided herein for hearings on applications for
    13  license. Upon such hearing, if satisfied that any such violation
    14  has occurred or for other sufficient cause, the administrative
    15  law judge shall immediately suspend or revoke the license, or
    16  impose a fine of not less than fifty dollars ($50) nor more than
    17  one thousand dollars ($1,000), or both, notifying the licensee
    18  by registered letter addressed to his licensed premises. If the
    19  licensee has been cited and found to have violated section
    20  493(10) insofar as it relates to lewd, immoral or improper
    21  entertainment, or has been found to be a public nuisance
    22  pursuant to section 611, or if the owner or operator of the
    23  licensed premises or any authorized agent of the owner or
    24  operator has been convicted of any violation of the act of April
    25  14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
    26  Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 5902
    27  (relating to prostitution and related offenses) or 6301
    28  (relating to corruption of minors), at or relating to the
    29  licensed premises, the administrative law judge shall
    30  immediately suspend or revoke the license, or impose a fine of
    19870H1000B1366                 - 149 -

     1  not less than one thousand dollars ($1,000) nor more than five
     2  thousand dollars ($5,000), or both. The administrative law judge
     3  shall notify the licensee by registered mail, addressed to the
     4  licensed premises, of such suspension, revocation or fine. The
     5  increased civil penalty imposed by this subsection shall not be
     6  used to require any licensee to increase the amount of the bond
     7  required by this act. In the event the fine is not paid within
     8  twenty days of the adjudication, the administrative law judge
     9  shall suspend or revoke the license, notifying the licensee by
    10  registered mail addressed to the licensed premises. Suspensions
    11  and revocations shall not go into effect until thirty days have
    12  elapsed from the date of the adjudication during which time the
    13  licensee may take an appeal as provided for in this act. When a
    14  license is revoked, the licensee's bond may be forfeited. Any
    15  licensee whose license is revoked shall be ineligible to have a
    16  license under this act until the expiration of three years from
    17  the date such license was revoked. In the event a license is
    18  revoked, no license shall be granted for the premises or
    19  transferred to the premises in which the said license was
    20  conducted for a period of at least one year after the date of
    21  the revocation of the license conducted in the said premises,
    22  except in cases where the licensee or a member of his immediate
    23  family is not the owner of the premises, in which case the
    24  commission may, in its discretion, issue or transfer a license
    25  within the said year. In the event the bureau or the person who
    26  was fined or whose license was suspended or revoked shall feel
    27  aggrieved by the adjudication of the administrative law judge,
    28  there shall be a right to appeal to the court of common pleas in
    29  the same manner as herein provided for appeals from refusals to
    30  grant licenses. The aforesaid appeal shall act as a supersedeas
    19870H1000B1366                 - 150 -

     1  unless upon sufficient cause shown the court shall determine
     2  otherwise; however, if the licensee has been cited and found to
     3  have violated section 493(10) insofar as it relates to lewd,
     4  immoral or improper entertainment, or has been found to be a
     5  public nuisance pursuant to section 611, or if the owner or
     6  operator of the licensed premises or any authorized agent of the
     7  owner or operator has been convicted of any violation of "The
     8  Controlled Substance, Drug, Device and Cosmetic Act," or of 18
     9  Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
    10  its appeal shall not act as a supersedeas unless the court
    11  determines otherwise upon sufficient cause shown. In any hearing
    12  on an application for a supersedeas under this section, the
    13  court may consider, in addition to other relevant evidence,
    14  documentary evidence, including records of the bureau, showing
    15  the prior history of citations, fines, suspensions or
    16  revocations against the licensee; and the court may also
    17  consider, in addition to other relevant evidence, evidence of
    18  any recurrence of the unlawful activity occurring between the
    19  date of the citation which is the subject of the appeal and the
    20  date of the hearing by the court. No penalty provided by this
    21  section shall be imposed for any violations provided for in this
    22  act unless the bureau notifies the licensee of its nature within
    23  thirty days of the completion of the investigation.
    24     (c)  If the violation in question is a third or subsequent
    25  violation of this act or Title 18 of the Pennsylvania
    26  Consolidated Statutes (relating to crime and offenses),
    27  occurring within a period of four years, the administrative law
    28  judge shall impose a suspension or revocation.
    29     Section 71.  Section 472 of the act, amended May 2, 1986
    30  (P.L.141, No.44), is reenacted and amended to read:
    19870H1000B1366                 - 151 -

     1     Section 472.  Local Option.--In any municipality or any part
     2  of a municipality where such municipality is split so that each
     3  part thereof is separated by another municipality, an election
     4  may be held on the date of the primary election immediately
     5  preceding any municipal election, but not oftener than once in
     6  four years, to determine the will of the electors with respect
     7  to the granting of liquor licenses to hotels, restaurants and
     8  clubs, not oftener than once in four years, to determine the
     9  will of the electors with respect to the granting of liquor
    10  licenses to privately-owned private golf courses, not oftener
    11  than once in four years, to determine the will of the electors
    12  with respect to the granting of licenses to retail dispensers of
    13  malt and brewed beverages, not oftener than once in four years,
    14  to determine the will of the electors with respect to granting
    15  of licenses to wholesale distributors and importing
    16  distributors, or not more than once in four years, to determine
    17  the will of the electors with respect to the establishment,
    18  operation and maintenance by the [board] commission of
    19  Pennsylvania liquor stores, within the limits of such
    20  municipality or part of a split municipality, under the
    21  provisions of this act: Provided, however, Where an election
    22  shall have been held at the primary preceding a municipal
    23  election in any year, another election may be held under the
    24  provisions of this act at the primary occurring the fourth year
    25  after such prior election: And provided further, That an
    26  election on the question of establishing and operating a State
    27  liquor store shall be initiated only in those municipalities, or
    28  that part of a split municipality that shall have voted against
    29  the granting of liquor licenses; and that an election on the
    30  question of granting wholesale distributor and importing
    19870H1000B1366                 - 152 -

     1  distributor licenses shall be initiated only in those
     2  municipalities or parts of split municipalities that shall have
     3  at a previous election voted against the granting of dispenser's
     4  licenses. Whenever electors equal to at least twenty-five per
     5  centum of the highest vote cast for any office in the
     6  municipality or part of a split municipality at the last
     7  preceding general election shall file a petition with the county
     8  board of elections of the county for a referendum on the
     9  question of granting any of said classes of licenses or the
    10  establishment of Pennsylvania liquor stores, the said county
    11  board of elections shall cause a question to be placed on the
    12  ballots or on the voting machine board and submitted at the
    13  primary immediately preceding the municipal election. Separate
    14  petitions must be filed for each question to be voted on. Said
    15  proceedings shall be in the manner and subject to the provisions
    16  of the election laws which relate to the signing, filing and
    17  adjudication of nomination petitions, insofar as such provisions
    18  are applicable.
    19     When the question is in respect to the granting of liquor
    20  licenses, it shall be in the following form:
    21     Do you favor the granting of liquor licenses
    22     for the sale of liquor in........................  Yes
    23     of..............................................?  No
    24     When the question is in respect to the granting of liquor
    25  licenses, for privately-owned private golf courses, it shall be
    26  in the following form:
    27     Do you favor the granting of liquor licenses for
    28     privately-owned private golf courses for the sale
    29     of liquor in.................by..................  Yes
    30     of..............................................?  No
    19870H1000B1366                 - 153 -

     1     When the question is in respect to the granting of licenses
     2  to retail dispensers of malt and brewed beverages, it shall be
     3  in the following form:
     4     Do you favor the granting of malt and brewed
     5     beverage retail dispenser licenses for
     6     consumption on premises where sold in the........  Yes
     7     of..............................................?  No
     8     When the question is in respect to the granting of licenses
     9  to wholesale distributors of malt or brewed beverages and
    10  importing distributors, it shall be in the following form:
    11     Do you favor the granting of malt and brewed
    12     beverage wholesale distributor's and importing
    13     distributor's licenses not for consumption on
    14     premises where sold in the.......................  Yes
    15     of..............................................?  No
    16     When the question is in respect to the establishment,
    17  operation and maintenance of Pennsylvania liquor stores it shall
    18  be in the following form:
    19     Do you favor the establishment, operation
    20     and maintenance of Pennsylvania liquor
    21     stores in the....................................  Yes
    22     of..............................................?  No
    23     In case of a tie vote, the status quo shall obtain. If a
    24  majority of the voting electors on any such question vote "yes,"
    25  then liquor licenses shall be granted by the [board] commission
    26  to hotels, restaurants and clubs, or liquor licenses shall be
    27  granted by the [board] commission to privately-owned private
    28  golf courses, or malt and brewed beverage retail dispenser
    29  licenses or wholesale distributor's and importing distributor's
    30  license for the sale of malt or brewed beverages shall be
    19870H1000B1366                 - 154 -

     1  granted by the [board] commission, or the [board] commission may
     2  establish, operate and maintain Pennsylvania liquor stores, as
     3  the case may be, in such municipality or part of a split
     4  municipality, as provided by this act; but if a majority of the
     5  electors voting on any such question vote "no," then the [board]
     6  commission shall have no power to grant or to renew upon their
     7  expiration any licenses of the class so voted upon in such
     8  municipality or part of a split municipality; or if the negative
     9  vote is on the question in respect to the establishment,
    10  operation and maintenance of Pennsylvania liquor stores, the
    11  [board] commission shall not open and operate a Pennsylvania
    12  liquor store in such municipality or part of a split
    13  municipality, nor continue to operate a then existing
    14  Pennsylvania liquor store in the municipality or part of a split
    15  municipality for more than two years thereafter or after the
    16  expiration of the term of the lease on the premises occupied by
    17  such store, whichever period is less, unless and until at a
    18  later election a majority of the voting electors vote "yes" on
    19  such question.
    20     Section 72.  Section 472.1 of the act, added September 15,
    21  1961 (P.L.1337, No.590), is reenacted to read:
    22     Section 472.1.  Clubs.--Whenever any club in existence at
    23  least five years prior to the time of application for license
    24  owns a contiguous plot of land in more than two municipalities
    25  in one or more but less than all of which the granting of liquor
    26  licenses has not been prohibited and at least one acre of the
    27  plot of land owned by the club is situated in each municipality
    28  in which the granting of liquor licenses has not been
    29  prohibited, the club may be issued a club liquor license or a
    30  catering license by the board if the board finds that the
    19870H1000B1366                 - 155 -

     1  license will not be detrimental to any residential neighborhood.
     2  This section shall not be construed to prohibit the issuance of
     3  club liquor licenses or catering licenses which may otherwise be
     4  issued under the provisions of this act.
     5     Section 73.  Section 472.2 of the act, added November 18,
     6  1969 (P.L.296, No.124), is reenacted and amended to read:
     7     Section 472.2.  Granting of Liquor Licenses in Certain
     8  Municipalities.--(a)  In any municipality which has, prior to
     9  January 1, 1967, by referendum approved the granting of malt and
    10  brewed beverage retail dispensers' licenses and has also
    11  thereafter, in a separate and subsequent referendum approved the
    12  granting of liquor licenses prior to the effective date of this
    13  amendment, the [board] commission may issue to an applicant
    14  holding a malt and brewed beverage retail dispenser's license, a
    15  liquor license: Provided, That the applicant surrenders for
    16  cancellation the malt and brewed beverage retail dispenser's
    17  license. The [board] commissioner shall not issue such a liquor
    18  license in excess of one for each one thousand five hundred
    19  residents in said municipality and any application for said
    20  license shall be filed within two years from the effective date
    21  of this amendment.
    22     (b)  Nothing in this section shall otherwise affect any
    23  existing malt and brewed beverage retail dispenser's license.
    24     (c)  The [board] commission may not accept, act upon, or
    25  grant an application for a liquor license under this section,
    26  when such application, if granted, would cause an excess in the
    27  aforesaid quota of one liquor license for each one thousand five
    28  hundred residents in said municipality. Nor shall an applicant
    29  under this section be required to surrender his malt and brewed
    30  beverage retail dispenser's license until and unless the [board]
    19870H1000B1366                 - 156 -

     1  commission has granted his application for a liquor license.
     2     Section 74.  Section 472.3 of the act, added July 3, 1980
     3  (P.L.348, No.88), is reenacted and amended to read:
     4     Section 472.3.  Exchange of Certain Licenses.--(a)  In any
     5  municipality wherein restaurant liquor license issue, the
     6  [board] commission may issue to a club as defined in this act, a
     7  club liquor license in exchange for a club retail dispenser
     8  license.
     9     (b)  An applicant under this section shall surrender his club
    10  retail dispenser license for cancellation prior to the issuance
    11  of the new club liquor license.
    12     (c)  The applicant for such exchange of license shall file an
    13  application for a club liquor license and shall post a notice of
    14  such application in the manner provided in section 403. In
    15  determining whether the exchange shall be granted the [board]
    16  commission shall have the same discretion as provided in section
    17  404 in the case of any new license.
    18     (d)  The provisions of section 461 pertaining to quota shall
    19  not pertain to this section for exchange purposes.
    20     Section 75.  Section 473 of the act, added January 13, 1966
    21  (1965 P.L.1301, No.518), is reenacted and amended to read:
    22     Section 473.  Public Record.--(a)  Any person having a
    23  pecuniary interest in the conduct of business on licensed
    24  premises whether that interest is direct or indirect, legal or
    25  equitable, individual, corporate, or mutual shall file his name
    26  and address with the [board] commission on forms provided by the
    27  [board] commission. In the case of corporate ownership, the
    28  secretary of the corporation shall file with the [board]
    29  commission the names and addresses of all persons having such a
    30  corporate pecuniary interest.
    19870H1000B1366                 - 157 -

     1     (b)  The names and addresses required by this section shall
     2  be recorded by the [board] commission and made available to the
     3  public as a public record.
     4     Section 76.  Section 474 of the act, added July 20, 1968
     5  (P.L.429, No.201), is reenacted and amended to read:
     6     Section 474.  Surrender of Club Licenses for Benefit of
     7  Licensees.--Whenever a club license has been returned to the
     8  [board] commission for the benefit of the licensee due to the
     9  licensed establishment not having been in operation for any
    10  reason whatsoever for a period of time not exceeding fifteen
    11  days, the license shall be held by the [board] commission for
    12  the benefit of the licensee for a period of time not exceeding
    13  one year, or, upon proper application to the [board] commission,
    14  for an additional year, and the license shall be revoked at the
    15  termination of the period, and transfer of the license shall not
    16  be permitted after the termination of the period.
    17     Section 77.  Section 475 of the act, amended November 26,
    18  1978 (P.L.1389, No.326) and June 24, 1982 (P.L.624, No.176), is
    19  reenacted to read:
    20     Section 475.  Establishments Proximate to Interstate Highways
    21  Not To Be Licensed.--(a)  No license for the sale of liquor or
    22  malt or brewed beverages in any quantity shall be granted to the
    23  proprietor, lessee, keeper or manager of an establishment the
    24  building entrance to which is located within three hundred feet
    25  of the entrance or exit of an interstate limited access highway.
    26     (b)  This section shall not apply to existing licenses, nor
    27  be deemed to affect the right of an existing licensee to
    28  reinstatement or renewal of his license.
    29     Section 78.  Subheading (D) of Article IV of the act is
    30  reenacted to read:
    19870H1000B1366                 - 158 -

     1                   (D)  Unlawful Acts; Penalties.
     2     Section 79.  Section 491 of the act, amended July 18, 1961
     3  (P.L.789, No.347), May 5, 1970 (P.L.342, No.110), October 11,
     4  1972 (P.L.906, No.215), October 2, 1974 (P.L.665, No.220),
     5  October 10, 1974 (P.L.692, No.231), December 12, 1980 (P.L.1195,
     6  No.221) and February 9, 1984 (P.L.21, No.8), is reenacted and
     7  amended to read:
     8     Section 491.  Unlawful Acts Relative to Liquor, Alcohol and
     9  Liquor Licensees.--
    10     It shall be unlawful--
    11     (1)  Sales of Liquor. For any person, by himself or by an
    12  employe or agent, to expose or keep for sale, or directly or
    13  indirectly, or upon any pretense or upon any device, to sell or
    14  offer to sell any liquor within this Commonwealth, except in
    15  accordance with the provisions of this act and the regulations
    16  of the [board] commission. This clause shall not be construed to
    17  prohibit hospitals, physicians, dentists or veterinarians who
    18  are licensed and registered under the laws of this Commonwealth
    19  from administering liquor in the regular course of their
    20  professional work and taking into account the cost of the liquor
    21  so administered in making charges for their professional
    22  service, or a pharmacist duly licensed and registered under the
    23  laws of this Commonwealth from dispensing liquor on a
    24  prescription of a duly licensed physician, dentist or
    25  veterinarian, or selling medical preparations containing
    26  alcohol, or using liquor in compounding prescriptions or
    27  medicines and making a charge for the liquor used in such
    28  medicines, or a manufacturing pharmacist or chemist from using
    29  liquor in manufacturing preparations unfit for beverage purposes
    30  and making a charge for the liquor so used. All such liquors so
    19870H1000B1366                 - 159 -

     1  administered or sold by hospitals, physicians, dentists,
     2  veterinarians, pharmacists or chemists shall conform to the
     3  Pharmacopoeia of the United States, the National Formulary, or
     4  the American Homeopathic Pharmacopoeia. This clause shall not be
     5  construed to prohibit an executor or an administrator of a
     6  decedent's estate from selling privately or at public auction
     7  liquor which was an asset of the decedent. The [board]
     8  commission shall establish regulations to ensure that State
     9  taxes from the sales will be paid by the estate from the
    10  proceeds of the sale. The [board] commission may not prohibit a
    11  sale of liquor for the reason that it was not lawfully acquired
    12  prior to January 1, 1934 or has not been purchased from a
    13  Pennsylvania Liquor Store or in compliance with Pennsylvania
    14  law.
    15     (2)  Possession or Transportation of Liquor or Alcohol. For
    16  any person, except a manufacturer or the [board] commission or
    17  the holder of a sacramental wine license or of an importer's
    18  license, to possess or transport any liquor or alcohol within
    19  this Commonwealth which was not lawfully acquired prior to
    20  January first, one thousand nine hundred and thirty-four, or has
    21  not been purchased from a Pennsylvania Liquor Store or a
    22  licensed limited winery in Pennsylvania, except miniatures
    23  totalling less than one gallon purchased by a collector of the
    24  same in another state or foreign country, or in accordance with
    25  the [board's] commission's regulations. The burden shall be upon
    26  the person possessing or transporting such liquor or alcohol to
    27  prove that it was so acquired. But nothing herein contained
    28  shall prohibit the manufacture or possession of wine by any
    29  person in his home for consumption of himself, his family and
    30  guests and not for sale, not exceeding, during any one calendar
    19870H1000B1366                 - 160 -

     1  year, two hundred gallons, any other law to the contrary
     2  notwithstanding. Such wine shall not be manufactured, possessed,
     3  offered for sale or sold on any licensed premises.
     4     None of the provisions herein contained shall prohibit nor
     5  shall it be unlawful for any person to import into Pennsylvania,
     6  transport or have in his possession, an amount of liquor not
     7  exceeding one gallon in volume upon which a State tax has not
     8  been paid, if it can be shown to the satisfaction of the [board]
     9  commission that such person purchased the liquor in a foreign
    10  country or United States territory and was allowed to bring it
    11  into the United States. Neither shall the provisions contained
    12  herein prohibit nor make it unlawful for (i) any member of the
    13  armed forces on active duty, or (ii) any retired member of the
    14  armed forces, or (iii) any totally disabled veteran, or (iv) the
    15  spouse of any person included in the foregoing classes of
    16  persons to import into Pennsylvania, transport or have in his
    17  possession an amount of liquor not exceeding one gallon per
    18  month in volume upon which the State tax has not been paid, so
    19  long as such liquor has been lawfully purchased from a package
    20  store established and maintained under the authority of the
    21  United States and is in containers identified in accordance with
    22  regulations issued by the Department of Defense. Such liquor
    23  shall not be possessed, offered for sale or sold on any licensed
    24  premises.
    25     None of the provisions herein contained shall prohibit nor
    26  shall it be unlawful for any consul general, consul or other
    27  diplomatic officer of a foreign government to import into
    28  Pennsylvania, transport or have in his possession liquor upon
    29  which a State tax has not been paid, if it can be shown to the
    30  satisfaction of the [board] commission that such person acquired
    19870H1000B1366                 - 161 -

     1  the liquor in a foreign country and was allowed to bring it into
     2  the United States. Such liquor shall not be possessed, offered
     3  for sale or sold on any licensed premises.
     4     Any person violating the provisions of this clause for a
     5  first offense involving the possession or transportation in
     6  Pennsylvania of any liquor in a package (bottle or other
     7  receptacle) or wine not purchased from a Pennsylvania Liquor
     8  Store or from a licensed limited winery in Pennsylvania, with
     9  respect to which satisfactory proof is produced that the
    10  required Federal tax has been paid and which was purchased,
    11  procured or acquired legally outside of Pennsylvania shall upon
    12  conviction thereof in a summary proceeding be sentenced to pay a
    13  fine of twenty-five dollars ($25) for each such package, plus
    14  costs of prosecution, or undergo imprisonment for a term not
    15  exceeding ninety (90) days. Each full quart or major fraction
    16  thereof shall be considered a separate package (bottle or other
    17  receptacle) for the purposes of this clause. Such packages of
    18  liquor shall be forfeited to the Commonwealth in the manner
    19  prescribed in Article VI of this act but the vehicle, boat,
    20  vessel, animal or aircraft used in the illegal transportation of
    21  such packages shall not be subject to forfeiture: Provided,
    22  however, That if it is a second or subsequent offense or if it
    23  is established that the illegal possession or transportation was
    24  in connection with a commercial transaction, then the other
    25  provisions of this act providing for prosecution as a
    26  misdemeanor and for the forfeiture of the vehicle, boat, vessel,
    27  animal or aircraft shall apply.
    28     (3)  Purchase of Liquor or Alcohol. For any person within
    29  this Commonwealth, by himself or by an employe or agent, to
    30  attempt to purchase, or directly or indirectly, or upon any
    19870H1000B1366                 - 162 -

     1  pretense or device whatsoever, to purchase any liquor or alcohol
     2  from any person or source other than a Pennsylvania Liquor
     3  Store, except in accordance with the provisions of this act or
     4  the regulations of the [board] commission.
     5     (4)  Possession and Use of Decanters. For any person to use
     6  decanters of alcoholic beverages except that the use of
     7  decanters or other similar receptacles by licensees shall be
     8  permitted in the case of wines and then only in accordance with
     9  the regulations of the [board] commission, but nothing herein
    10  contained shall prohibit the manufacture and possession of wine
    11  as provided in clause (2) of this section.
    12     (5)  Failure to Break Empty Liquor Containers. For any
    13  restaurant, hotel or club licensee, his servants, agents or
    14  employes, to fail to break any package in which liquors were
    15  contained, except those decanter packages that the [board]
    16  commission determines to be decorative, within twenty-four hours
    17  after the original contents were removed therefrom.
    18     (6)  Sales by Restaurant and Hotel Liquor Licensees. For any
    19  restaurant or hotel licensee, his servants, agents or employes,
    20  to sell any liquor or malt or brewed beverages for consumption
    21  on the licensed premises except in a room or rooms or place on
    22  the licensed premises at all times accessible to the use and
    23  accommodation of the general public, but this section shall not
    24  be interpreted to prohibit a RESTAURANT LIQUOR LICENSEE FROM      <--
    25  PROVIDING PRIVATE AFFAIRS THE PRIMARY FUNCTION OF WHICH IS FOR
    26  CATERING ONLY TO WEDDINGS OR SPECIAL OCCASIONS ARRANGED TWENTY-
    27  FOUR HOURS IN ADVANCE, NOR TO PROHIBIT A hotel licensee, or a
    28  restaurant licensee when the restaurant is located in a hotel,
    29  from selling liquor or malt or brewed beverages in any room of
    30  such hotel occupied by a bona fide guest or to prohibit a
    19870H1000B1366                 - 163 -

     1  restaurant licensee from selling liquor or malt or brewed
     2  beverages in a bowling alley when no minors are present where
     3  the restaurant and bowling alley are immediately adjacent and
     4  under the same roof.
     5     (7)  Sales of Liquor by Manufacturers and Licensed Importers.
     6  For any manufacturer or licensed importer of liquor in this
     7  Commonwealth, his agents, servants or employes, to sell or offer
     8  to sell any liquor in this Commonwealth except to the [board]
     9  commission for use in Pennsylvania Liquor Stores, and in the
    10  case of a manufacturer, to the holder of a sacramental wine
    11  license or an importer's license, but a manufacturer or licensed
    12  importer may sell or offer to sell liquor to persons outside of
    13  this Commonwealth.
    14     (8)  Importation and Sales of Alcohol. For any person, to
    15  import alcohol into this Commonwealth, or to sell alcohol to any
    16  person, except in accordance with the regulations of the [board]
    17  commission.
    18     (9)  Possession of Alcohol. For any person, to have alcohol
    19  in his possession, except in accordance with the provisions of
    20  this act and the regulations of the [board] commission.
    21     (10)  Fortifying, Adulterating or Contaminating Liquor. For
    22  any licensee or any employe or agent of a licensee or of the
    23  [board] commission, to fortify, adulterate or contaminate any
    24  liquor, except as permitted by the regulations of the [board]
    25  commission, or to refill wholly or in part, with any liquid or
    26  substance whatsoever, any liquor bottle or other liquor
    27  container.
    28     (11)  Importation of Liquor. For any person, other than the
    29  [board] commission or the holder of a sacramental wine license
    30  or of an importer's license, to import any liquor whatsoever
    19870H1000B1366                 - 164 -

     1  into this Commonwealth, but this section shall not be construed
     2  to prohibit railroad and pullman companies from selling liquors
     3  purchased outside the Commonwealth in their dining, club and
     4  buffet cars which are covered by public service liquor licenses
     5  and which are operated in this Commonwealth.
     6     (12)  Delivery of Liquor by Certain Licensees. For a liquor
     7  licensee permitted to deliver liquor, to make any deliveries
     8  except in his own vehicles bearing his name, address and license
     9  number on each side in letters not smaller than four inches in
    10  height, or in the vehicle of another person duly authorized to
    11  transport liquor within this Commonwealth.
    12     (13)  Violation of Certain Rules and Regulations of [Board]
    13  Commission. For any person, to violate any rules and regulations
    14  adopted by the [board] commission to insure the equitable
    15  wholesale and retail sale and distribution of liquor and alcohol
    16  through the Pennsylvania Liquor Stores.
    17     (14)  Offering Commission or Gift to Members of [Board]
    18  Commission or State Employe. For any person selling or offering
    19  to sell liquor or alcohol to, or purchasing at wholesale liquor
    20  or alcohol from, the [board] commission, either directly or
    21  indirectly, to pay or offer to pay any commission, profit or
    22  remuneration, or to make or offer to make any gift to any member
    23  or employe of the [board] commission or other employe of the
    24  Commonwealth or to anyone on behalf of such member or employe.
    25     Section 80.  Section 492 of the act, amended July 3, 1957
    26  (P.L.475, No.268), June 22, 1980 (P.L.253, No.73) and June 24,
    27  1982 (P.L.624, No.176), is reenacted and amended to read:
    28     Section 492.  Unlawful Acts Relative to Malt or Brewed
    29  Beverages and Licensees.--
    30     It shall be unlawful--
    19870H1000B1366                 - 165 -

     1     (1)  Manufacturing Without License. For any person, to
     2  manufacture malt or brewed beverages, unless such person holds a
     3  valid manufacturer's license for such purpose issued by the
     4  board.
     5     (2)  Sales of Malt or Brewed Beverages for Consumption on the
     6  Premises. For any person, to sell to another for consumption
     7  upon the premises where sold or to permit another to consume
     8  upon the premises where sold, any malt or brewed beverages,
     9  unless such person holds a valid retail dispenser license or a
    10  valid liquor license issued by the [board] commission
    11  authorizing the sale of malt or brewed beverages for consumption
    12  upon such premises.
    13     (3)  Sales of Malt or Brewed Beverages Not for Consumption on
    14  the Premises. For any person, to sell to another any malt or
    15  brewed beverages not for consumption upon the premises where
    16  sold, unless such person holds a valid license permitting such
    17  sale.
    18     (4)  Sunday Sales of Malt or Brewed Beverages by
    19  Manufacturers, Importing Distributors or Distributors. For any
    20  manufacturer of malt or brewed beverages, importing distributor
    21  or distributor, or the servants, agents or employes of the same,
    22  to sell, trade or barter in malt or brewed beverages between the
    23  hours of twelve o'clock midnight of any Saturday and two o'clock
    24  in the forenoon of the following Monday.
    25     (5)  Sales of Malt or Brewed Beverages by Hotels, Eating
    26  Places or Public Service Licensees During Prohibited Hours.--For
    27  any hotel or eating place holding a retail dispenser's license,
    28  or the servants, agents or employes of such licensees, to sell,
    29  trade or barter in malt or brewed beverages between the hours of
    30  two o'clock antemeridian Sunday and seven o'clock in the
    19870H1000B1366                 - 166 -

     1  forenoon of the following Monday, or between the hours of two
     2  o'clock antemeridian and seven o'clock antemeridian of any week
     3  day: Provided, That notwithstanding any provision to the
     4  contrary, whenever the thirty-first day of December falls on a
     5  Sunday such sales of malt or brewed beverages may be made on
     6  such day after one o'clock postmeridian and until two o'clock
     7  antemeridian of the following day. For any public service
     8  licensee authorized to sell malt or brewed beverages or the
     9  servants, agents or employes of such licensees to sell, trade or
    10  barter in malt or brewed beverages between the hours of two
    11  o'clock antemeridian and seven o'clock antemeridian on any day.
    12     Any licensee holding a retail dispenser license or a malt or
    13  brewed beverage public service license may, by giving notice to
    14  the board, advance by one hour the hours herein prescribed as
    15  those during which malt or brewed beverages may be sold during
    16  such part of the year when daylight saving time is being
    17  observed generally in the municipality in which the place of
    18  business is located. Any licensee who elects to operate his
    19  place of business in accordance with daylight saving time shall
    20  post a conspicuous notice in his place of business that he is
    21  operating in accordance with daylight saving time.
    22     (6)  Sales of Malt or Brewed Beverages on Election Day by
    23  Hotels, Eating Places or Public Service Licensees. For any hotel
    24  or eating place holding a retail dispenser's license, or any
    25  malt or brewed beverage public service licensee, or his
    26  servants, agents or employes, to sell, furnish or give any malt
    27  or brewed beverages to any person after two o'clock
    28  antemeridian, or until one hour after the time fixed by law for
    29  the closing of polling places on days on which a general,
    30  municipal, special or primary election is being held except as
    19870H1000B1366                 - 167 -

     1  permitted by subsection (f) of section 432.
     2     (7)  Clubs Selling Between Three O'Clock Antemeridian and
     3  Seven O'Clock Antemeridian. For any club retail dispenser, or
     4  its servants, agents or employes, to sell malt or brewed
     5  beverages between the hours of three o'clock antemeridian and
     6  seven o'clock antemeridian on any day.
     7     (8)  Transportation of Malt or Brewed Beverages. For any
     8  person, to transport malt or brewed beverages except in the
     9  original containers, or to transport malt or brewed beverages
    10  for another who is engaged in selling either liquor or malt or
    11  brewed beverages, unless such person shall hold (a) a license to
    12  transport for hire, alcohol, liquor and malt or brewed
    13  beverages, as hereinafter provided in this act, or (b) shall
    14  hold a permit issued by the board and shall have paid to the
    15  board such permit fee, not exceeding one hundred dollars ($100),
    16  and shall have filed with the board a bond in the penal sum of
    17  not more than two thousand dollars ($2000), as may be fixed by
    18  the rules and regulations of the board, any other law to the
    19  contrary notwithstanding.
    20     (9)  Transportation of Malt or Brewed Beverages by Licensee.
    21  For a malt or brewed beverage licensee, to deliver or transport
    22  any malt or brewed beverages, excepting in vehicles bearing the
    23  name and address and license number of such licensee painted or
    24  affixed on each side of such vehicle in letters no smaller than
    25  four inches in height.
    26     (10)  Importing or Transporting Malt or Brewed Beverages
    27  Without Tax Stamps. For any person, to transport within or
    28  import any malt or brewed beverages into this Commonwealth,
    29  except in accordance with the rules and regulations of the
    30  board, or for any person to transport malt or brewed beverages
    19870H1000B1366                 - 168 -

     1  into or within this Commonwealth, unless there shall be affixed
     2  to the original containers in which such malt or brewed
     3  beverages are transported, stamps or crowns evidencing the
     4  payment of the malt liquor tax to the Commonwealth: Provided,
     5  however, That this clause shall not be construed to prohibit
     6  transportation of malt or brewed beverages through this
     7  Commonwealth and not for delivery therein, if such transporting
     8  is done in accordance with the rules and regulations of the
     9  [board] commission.
    10     (11)  Delivery of Malt or Brewed Beverages With Other
    11  Commodities. For any manufacturer, importing distributor or
    12  distributor, or his servants, agents or employes, except with
    13  [board] commission approval, to deliver or transport any malt or
    14  brewed beverages in any vehicle in which any other commodity is
    15  being transported.
    16     (12)  Distributors and Importing Distributors Engaging in
    17  Other Business. For any distributor or importing distributor, or
    18  his servants, agents or employes, without the approval of the
    19  [board] commission, and then only in accordance with [board]
    20  commission regulations, to engage in any other business
    21  whatsoever, except the business of distributing malt or brewed
    22  beverages.
    23     (13)  Possession or Storage of Liquor or Alcohol by Certain
    24  Licensees. For any distributor, importing distributor or retail
    25  dispenser, or his servants, agents or employes, to have in his
    26  possession, or to permit the storage of on the licensed premises
    27  or in any place contiguous or adjacent thereto accessible to the
    28  public or used in connection with the operation of the licensed
    29  premises, any alcohol or liquor.
    30     (14)  Malt or Brewed Beverage Licensees Dealing in Liquor or
    19870H1000B1366                 - 169 -

     1  Alcohol. For any malt or brewed beverage licensee, other than a
     2  manufacturer, or the servants, agents or employes thereof, to
     3  manufacture, import, sell, transport, store, trade or barter in
     4  any liquor or alcohol.
     5     (15)  Selling to Persons Doing Illegal Business. For any malt
     6  or brewed beverage licensee, or his servants, agents or
     7  employes, to knowingly sell any malt or brewed beverages to any
     8  person engaged in the business of illegally selling liquor or
     9  malt or brewed beverages.
    10     (16)  Distributors and Importing Distributors Failing to Keep
    11  Records. For any importing distributor or distributor engaged in
    12  the sale of products, other than malt or brewed beverages, to
    13  fail to keep such complete separate records covering in every
    14  respect his transactions in malt or brewed beverages as the
    15  [board] commission shall by regulation require.
    16     (17)  Fortifying, Adulterating or Contaminating Malt or
    17  Brewed Beverages. For any person, to fortify, adulterate,
    18  contaminate, or in any wise to change the character or purity
    19  of, the malt or brewed beverages from that as originally
    20  marketed by the manufacturer at the place of manufacture.
    21     (18)  Coercing Distributors and Importing Distributors. For
    22  any manufacturer or any officer, agent or representative of any
    23  manufacturer to coerce or persuade or attempt to coerce or
    24  persuade any person licensed to sell or distribute malt or
    25  brewed beverages at wholesale or retail to establish selling
    26  prices for its products or to enter into any contracts or
    27  agreements, whether written or oral, or take any action which
    28  will violate or tend to violate any provisions of this act or
    29  any of the rules or regulations promulgated by the [board]
    30  commission pursuant thereto.
    19870H1000B1366                 - 170 -

     1     (19)  Modifying or Terminating Distributing Rights Agreement.
     2  For any manufacturer or any officer, agent or representative of
     3  any manufacturer to modify, cancel, terminate, rescind or not
     4  renew, without good cause, any distributing rights agreement,
     5  and in no event shall any modification, cancellation,
     6  termination, rescission or nonrenewal of any distributing rights
     7  agreement become effective for at least ninety (90) days after
     8  written notice of such modification, cancellation, termination,
     9  rescission or intention not to renew has been served on the
    10  affected party and [board] commission by certified mail, return
    11  receipt requested, except by written consent of the parties to
    12  the agreement. The notice shall state all the reasons for the
    13  intended modification, termination, cancellation, rescission or
    14  nonrenewal. The distributor or importing distributor holding
    15  such agreement shall have ninety (90) days in which to rectify
    16  any claimed deficiency, or challenge the alleged cause.
    17     If the deficiency shall be rectified within ninety (90) days
    18  of notice, then the proposed modification, termination,
    19  cancellation, rescission or nonrenewal shall be null and void
    20  and without legal effect.
    21     If the notice states as one of the reasons for the intended
    22  modification, cancellation, termination, rescission or renewal
    23  that the importing distributor or distributor's equipment or
    24  warehouse requires major changes or additions, then if the
    25  distributor or importing distributor shall have taken some
    26  positive action to comply with the required changes or
    27  additions, the distributor or importing distributor shall have
    28  deemed to have complied with the deficiency as set forth in the
    29  notice. The notice provisions of this section shall not apply if
    30  the reason for termination, cancellation or nonrenewal is
    19870H1000B1366                 - 171 -

     1  insolvency, assignment for the benefit of creditors, bankruptcy,
     2  liquidation, fraudulent conduct in its dealings with the
     3  manufacturer, revocation or suspension for more than a thirty
     4  (30) day period of the importing distributor or distributor
     5  license.
     6     (20)  Interference with Transfer of License, Business or
     7  Franchise. (i) For any manufacturer to interfere with or prevent
     8  any distributor or importing distributor from selling or
     9  transferring his license, business or franchise, whether before
    10  or after notice of modification, cancellation, termination,
    11  rescission or nonrenewal has been given, provided the proposed
    12  purchaser of the business of the distributor or importing
    13  distributor meets the material qualifications and standards
    14  required of the manufacturers other distributors or importing
    15  distributors; (ii) if the proposed transfer of the distributor
    16  or importing distributor's business is to a surviving spouse or
    17  adult child, the manufacturer shall not, for any reason,
    18  interfere with, or prevent, the transfer of the distributor or
    19  importing distributor's license, business or franchise. Any
    20  subsequent transfer by surviving spouse or adult child shall
    21  thereafter be subject to the provisions of subclause (i) above.
    22     (21)  Inducing or Coercing Distributors or Importing
    23  Distributors to Accept Unordered Products or Commit Illegal
    24  Acts. For any manufacturer to compel or attempt to compel any
    25  distributor or importing distributor to accept delivery of any
    26  malt or brewed beverages or any other commodity which shall not
    27  have been ordered by the distributor or importing distributor,
    28  or to do any illegal act by any means whatsoever including, but
    29  not limited to, threatening to amend, cancel, terminate, rescind
    30  or refuse to renew any agreement existing between manufacturer
    19870H1000B1366                 - 172 -

     1  and the distributor or importing distributor, or to require a
     2  distributor or importing distributor to assent to any condition,
     3  stipulation or provision limiting the distributor or importing
     4  distributor in his right to sell the products of any other
     5  manufacturer.
     6     Section 81.  Section 493 of the act, amended June 14, 1957
     7  (P.L.322, No.170), June 15, 1961 (P.L.423, No.211), September
     8  25, 1967 (P.L.307, No.135), March 5, 1970 (P.L.137, No.55),
     9  August 1, 1975 (P.L.161, No.83), March 9, 1982 (P.L.174, No.55)
    10  and May 9, 1984 (P.L.246, No.54), is reenacted and amended to
    11  read:
    12     Section 493.  Unlawful Acts Relative to Liquor, Malt and
    13  Brewed Beverages and Licensees.--The term "licensee," when used
    14  in this section, shall mean those persons licensed under the
    15  provisions of Article IV, unless the context clearly indicates
    16  otherwise.
    17     It shall be unlawful--
    18     (1)  Furnishing Liquor or Malt or Brewed Beverages to Certain
    19  Persons. For any licensee or the [board] commission, or any
    20  employe, servant or agent of such licensee or of the [board]
    21  commission, or any other person, to sell, furnish or give any
    22  liquor or malt or brewed beverages, or to permit any liquor or
    23  malt or brewed beverages to be sold, furnished or given, to any
    24  person visibly intoxicated, or to any insane person, or to any
    25  minor, or to habitual drunkards, or persons of known intemperate
    26  habits.
    27     (2)  Purchase or Sale of Liquor or Malt or Brewed Beverages
    28  on Credit. For any licensee, his agent, servant or employe, to
    29  sell or offer to sell or purchase or receive any liquor or malt
    30  or brewed beverages except for cash, excepting credit extended
    19870H1000B1366                 - 173 -

     1  by a hotel or club to a bona fide guest or member, or by
     2  railroad or pullman companies in dining, club or buffet cars to
     3  passengers, for consumption while enroute, holding authorized
     4  credit cards issued by railroad or railroad credit bureaus or by
     5  hotel, restaurant and public service licensees to customers
     6  holding credit cards issued in accordance with regulations of
     7  the [board] commission or credit cards issued by banking
     8  institutions subject to State or Federal regulation: Provided
     9  further, That nothing herein contained shall be construed to
    10  prohibit the use of checks or drafts drawn on a bank, banking
    11  institution, trust company or similar depository, organized and
    12  existing under the laws of the United States of America or the
    13  laws of any state, territory or possession thereof, in payment
    14  for any liquor or malt or brewed beverages if the purchaser is
    15  the payor of the check or draft and the licensee is the payee.
    16  No right of action shall exist to collect any claim for credit
    17  extended contrary to the provisions of this clause. Nothing
    18  herein contained shall prohibit a licensee from crediting to a
    19  purchaser the actual price charged for original containers
    20  returned by the original purchaser as a credit on any sale, or
    21  from refunding to any purchaser the amount paid by such
    22  purchaser for such containers or as a deposit on containers when
    23  title is retained by the vendor, if such original containers
    24  have been returned to the licensee. Nothing herein contained
    25  shall prohibit a manufacturer from extending usual and customary
    26  credit for liquor or malt or brewed beverages sold to customers
    27  or purchasers who live or maintain places of business outside of
    28  the Commonwealth of Pennsylvania, when the liquor or malt or
    29  brewed beverages so sold are actually transported and delivered
    30  to points outside of the Commonwealth: Provided, however, That
    19870H1000B1366                 - 174 -

     1  as to all transactions affecting malt or brewed beverages to be
     2  resold or consumed within this Commonwealth, every licensee
     3  shall pay and shall require cash deposits on all returnable
     4  original containers and all such cash deposits shall be refunded
     5  upon return of the original containers.
     6     (3)  Exchange of Liquor or Malt or Brewed Beverages For
     7  Merchandise, etc. For any licensee or the [board] commission, or
     8  any employe, servant or agent of a licensee or of the [board]
     9  commission, to sell, offer to sell or furnish any liquor or malt
    10  or brewed beverages to any person on a pass book or store order,
    11  or to receive from any person any goods, wares, merchandise or
    12  other articles in exchange for liquor or malt or brewed
    13  beverages.
    14     (4)  Peddling Liquor or Malt or Brewed Beverages. For any
    15  person, to hawk or peddle any liquor or malt or brewed beverages
    16  in this Commonwealth.
    17     (5)  Failure to Have Brands as Advertised. For any licensee,
    18  his servants, agents or employes, to advertise or hold out for
    19  sale any liquor or malt or brewed beverages by trade name or
    20  other designation which would indicate the manufacturer or place
    21  of production of the said liquor or malt or brewed beverages,
    22  unless he shall actually have on hand and for sale a sufficient
    23  quantity of the particular liquor or malt or brewed beverages so
    24  advertised to meet requirements to be normally expected as a
    25  result of such advertisement or offer.
    26     (6)  Brand or Trade Name on Spigot. For any licensee, his
    27  agents, servants or employes, to furnish or serve any malt or
    28  brewed beverages from any faucet, spigot or other dispensing
    29  apparatus, unless the trade name or brand of the product served
    30  shall appear in full sight of the customer and in legible
    19870H1000B1366                 - 175 -

     1  lettering upon such faucet, spigot or dispensing apparatus.
     2     (7)  Alcoholic Strength on Label of Malt or Brewed Beverages.
     3  For any licensee, or his servants, agents or employes, to
     4  transport, sell, deliver or purchase any malt or brewed
     5  beverages upon which there shall appear a label or other
     6  informative data which in any manner refers to the alcoholic
     7  contents of the malt or brewed beverage, or which refers in any
     8  manner to the original alcoholic strength, extract or balling
     9  proof from which such malt or brewed beverage was produced. This
    10  clause shall not be construed to prohibit a manufacturer from
    11  designating upon the label or descriptive data the alcoholic
    12  content of malt or brewed beverages intended for shipment into
    13  another state or territory, when the laws of such state or
    14  territory require that the alcoholic content of the malt or
    15  brewed beverage must be stated upon the package.
    16     (8)  Advertisements on Labels Giving Alcoholic Content of
    17  Malt or Brewed Beverages. For any manufacturer or other
    18  licensee, or his servants, agents or employes, to issue, publish
    19  or post, or cause to be issued, published or posted, any
    20  advertisement of any malt or brewed beverage including a label
    21  which shall refer in any manner to the alcoholic strength of the
    22  malt or brewed beverage manufactured, sold or distributed by
    23  such licensees, or to use in any advertisement or label such
    24  words as "full strength," "extra strength," "high test," "high
    25  proof," "pre-war strength," or similar words or phrases, which
    26  would lead or induce a consumer to purchase a brand of malt or
    27  brewed beverage on the basis of its alcoholic content, or to use
    28  in or on any advertisement or label any numeral, unless
    29  adequately explained in type of the same size, prominence and
    30  color, or for any licensee to purchase, transport, sell or
    19870H1000B1366                 - 176 -

     1  distribute any malt or brewed beverage advertised or labeled
     2  contrary to the provisions of this clause.
     3     (9)  Retail Licensees Furnishing Free Lunch, etc. For any
     4  retail liquor licensee or any retail dispenser, his agents,
     5  servants or employes, to furnish, give or sell below a fair cost
     6  any lunch to any consumer, except such articles of food as the
     7  [board] commission may authorize and approve.
     8     (10)  Entertainment on Licensed Premises (Except Clubs);
     9  Permits; Fees. For any licensee, his servants, agents or
    10  employes, except club licensees, to permit in any licensed
    11  premises or in any place operated in connection therewith,
    12  dancing, theatricals or floor shows of any sort, or moving
    13  pictures other than television, or such as are exhibited through
    14  machines operated by patrons by the deposit of coins, which
    15  project pictures on a screen not exceeding in size twenty-four
    16  by thirty inches and which forms part of the machine, unless the
    17  licensee shall first have obtained from the [board] commission a
    18  special permit to provide such entertainment, or for any
    19  licensee, under any circumstances, to permit in any licensed
    20  premises any lewd, immoral or improper entertainment, regardless
    21  of whether a permit to provide entertainment has been obtained
    22  or not. The [board] commission shall have power to provide for
    23  the issue of such special permits, and to collect a fee for such
    24  permits equal to one-fifth of the annual license fee but not
    25  less than twenty-five dollars ($25). All such fees shall be paid
    26  into The State Stores Fund. No such permit shall be issued in
    27  any municipality which, by ordinance, prohibits amusements in
    28  licensed places. Any violation of this clause shall, in addition
    29  to the penalty herein provided, subject the licensee to
    30  suspension or revocation of his permit and his license.
    19870H1000B1366                 - 177 -

     1     (11)  Licensees Employed by Others. For any hotel, restaurant
     2  or club liquor licensee, or any malt or brewed beverage
     3  licensee, or any servant, agent or employe of such licensee, to
     4  be at the same time employed, directly or indirectly, by any
     5  other person engaged in the manufacture, sale, transportation or
     6  storage of liquor, malt or brewed beverages or alcohol:
     7  Provided, That any person (except a licensee or the manager,
     8  officer or director of a licensee) who is employed by a retail
     9  licensee to prepare or serve food and beverages may be employed
    10  in the same capacity by another retail licensee during other
    11  hours or on other days.
    12     (12)  Failure to Have Records on Premises. For any liquor
    13  licensee, or any importing distributor, distributor or retail
    14  dispenser, to fail to keep on the licensed premises for a period
    15  of at least two years complete and truthful records covering the
    16  operation of his licensed business, particularly showing the
    17  date of all purchases of liquor and malt or brewed beverages,
    18  the actual price paid therefor, and the name of the vendor,
    19  including State Store receipts, or for any licensee, his
    20  servants, agents or employes, to refuse the [board] commission
    21  or an authorized employe of the [board] commission or the
    22  enforcement bureau access thereto or the opportunity to make
    23  copies of the same when the request is made during business
    24  hours.
    25     (13)  Retail Licensees Employing Minors. For any hotel,
    26  restaurant or club liquor licensee, or any retail dispenser, to
    27  employ or to permit any minor under the age of eighteen to serve
    28  any alcoholic beverages or to employ or permit any minor under
    29  the age of sixteen to render any service whatever in or about
    30  the licensed premises, nor shall any entertainer under the age
    19870H1000B1366                 - 178 -

     1  of eighteen be employed or permitted to perform in any licensed
     2  premises in violation of the labor laws of this Commonwealth:
     3  Provided, That in accordance with [board] commission regulations
     4  minors between the ages of sixteen and eighteen may be employed
     5  to serve food, clear tables and perform other similar duties,
     6  not to include the dispensing or serving of alcoholic beverages.
     7     (14)  Permitting Undesirable Persons or Minors to Frequent
     8  Premises. For any hotel, restaurant or club liquor licensee, or
     9  any retail dispenser, his servants, agents or employes, to
    10  permit persons of ill repute, known criminals, prostitutes or
    11  minors to frequent his licensed premises or any premises
    12  operated in connection therewith, except minors accompanied by
    13  parents, guardians, or under proper supervision or except minors
    14  who frequent any restaurant or retail dispensing licensee whose
    15  sales of food and non-alcoholic beverages are equal to seventy
    16  per centum or more of the combined gross sales of both food and
    17  alcoholic beverages on the condition that alcoholic beverages
    18  may not be served at the table or booth at which the said minor
    19  is seated at the time (unless said minor is under proper
    20  supervision as hereinafter defined) and on the further condition
    21  that only table service of alcoholic beverages or take-out
    22  service of beer shall be permitted in the room wherein the minor
    23  is located: Provided, however, That it shall not be unlawful for
    24  any hotel, restaurant or club liquor licensee or any retail
    25  dispenser to permit minors under proper supervision upon the
    26  licensed premises or any premises operated in connection
    27  therewith for the purpose of a social gathering, even if such
    28  gathering is exclusively for minors: And provided further, That
    29  no liquor shall be sold, furnished or given to such minors nor
    30  shall the licensee knowingly permit any liquor or malt or brewed
    19870H1000B1366                 - 179 -

     1  beverages to be sold, furnished or given to or be consumed by
     2  any minor, and the area of such gathering shall be segregated
     3  from the remainder of the licensed premises. In the event the
     4  area of such gathering cannot be segregated from the remainder
     5  of the licensed premises, all alcoholic beverages must be either
     6  removed from the licensed premises or placed under lock and key
     7  during the time the gathering is taking place. Notice of such
     8  gathering shall be given the [Liquor Control Board] Commission
     9  as it may, by regulation, require. Any licensee violating the
    10  provisions of this clause shall be subject to the provisions of
    11  section 471.
    12     "Proper supervision," as used in this clause, means the
    13  presence, on that portion of the licensed premises where a minor
    14  or minors are present, of one person twenty-five years of age or
    15  older for every fifty minors or part thereof who is directly
    16  responsible for the care and conduct of such minor or minors
    17  while on the licensed premises and in such proximity that the
    18  minor or minors are constantly within his sight or hearing. The
    19  presence of the licensee or any employe or security officer of
    20  the licensee shall not constitute proper supervision.
    21     (15)  Cashing Pay Roll, Public Assistance, Unemployment
    22  Compensation or Any Other Relief Checks. For any licensee or his
    23  servants, agents or employes to cash pay roll checks or to cash,
    24  receive, handle or negotiate in any way Public Assistance,
    25  Unemployment Compensation or any other relief checks.
    26     (16)  Furnishing or Delivering Liquor or Malt or Brewed
    27  Beverages at Unlawful Hours. For any licensee, his servants,
    28  agents or employes, to give, furnish, trade, barter, serve or
    29  deliver any liquor or malt or brewed beverages to any person
    30  during hours or on days when the licensee is prohibited by this
    19870H1000B1366                 - 180 -

     1  act from selling liquor or malt or brewed beverages.
     2     (17)  Licensees, etc., Interested or Employed in
     3  Manufacturing or Sale of Equipment or Fixtures. For any
     4  licensee, or any officer, director, stockholder, servant, agent
     5  or employe of any licensee, to own any interest, directly or
     6  indirectly, in or be employed or engaged in any business which
     7  involves the manufacture or sale of any equipment, furnishings
     8  or fixtures to any hotel, restaurant or club licensees, or to
     9  any importing distributors, distributors or retail dispensers:
    10  Provided, however, That as to malt or brewed beverage licensees,
    11  the provisions of this subsection shall not apply to such a
    12  conflicting interest if it has existed for a period of not less
    13  than three years prior to the first day of January, one thousand
    14  nine hundred thirty-seven, and the [board] commission shall
    15  approve.
    16     (18)  Displaying Price of Liquor or Malt or Brewed Beverages.
    17  For any restaurant, hotel or club liquor licensee, or any
    18  importing distributor, distributor or retail dispenser, or the
    19  servants, agents or employes of such licensees, to display on
    20  the outside of any licensed premises or to display any place
    21  within the licensed premises where it can be seen from the
    22  outside, any advertisement whatsoever referring, directly or
    23  indirectly, to the price at which the licensee will sell liquor
    24  or malt or brewed beverages.
    25     (19)  Licensee's Outside Advertisements. For any retail
    26  liquor licensee or any retail dispenser, distributor or
    27  importing distributor, to display in any manner whatsoever on
    28  the outside of his licensed premises, or on any lot of ground on
    29  which the licensed premises are situate, or on any building of
    30  which the licensed premises are a part, a sign of any kind,
    19870H1000B1366                 - 181 -

     1  printed, painted or electric, advertising any brand of liquor or
     2  malt or brewed beverage, and it shall be likewise unlawful for
     3  any manufacturer, distributor or importing distributor, to
     4  permit the display of any sign which advertises either his
     5  products or himself on any lot of ground on which such licensed
     6  premises are situate, or on any building of which such licensed
     7  premises are a part.
     8     (20)  (i)  Retail Liquor and Retail Malt or Brewed Beverages
     9  Licensee's Inside Advertisements. For any retail liquor or
    10  retail malt or brewed beverages licensee, to display or permit
    11  the display in the show window or doorways of his licensed
    12  premises, any placard or sign advertising the brands of liquor
    13  or malt or brewed beverages produced by any one manufacturer, if
    14  the total display area of any such placard or sign advertising
    15  the products of any one manufacturer exceeds three hundred
    16  square inches. Nothing herein shall prohibit a licensee from
    17  displaying inside his licensed premises point of sale displays
    18  advertising brand names of products sold by him, other than a
    19  window or door display: Provided, That the total cost of all
    20  such point of sale advertising matter relating to any one brand
    21  of any one manufacturer shall not exceed the sum of seventy
    22  dollars ($70) at any one time, and no single piece of
    23  advertising shall exceed a cost of thirty-five dollars ($35).
    24  All such advertising material, including the window and door
    25  signs, may be furnished by a manufacturer, distributor or
    26  importing distributor. The restrictions on advertising set forth
    27  in subclause (ii) and in clauses (20.1) and (20.2) shall also
    28  apply to this subclause.
    29     (ii)  Cooperative Advertising. No distributor or importing
    30  distributor, directly or indirectly, independent or otherwise,
    19870H1000B1366                 - 182 -

     1  shall, except by prior written agreement, be required to
     2  participate with a manufacturer in the purchase of any
     3  advertising of a brand name product in any name, in any form,
     4  whether it be radio, television, newspaper, magazine or
     5  otherwise.
     6     (20.1)  Manufacturer Shall Not Require Advertising. For a
     7  manufacturer to require a distributor or importing distributor
     8  to purchase any type of advertising.
     9     (20.2)  Advertising Shall Be Ordered and Authorized in
    10  Advance. For any advertising to be done on behalf of a
    11  distributor or importing distributor which was not ordered and
    12  authorized in advance by the distributor or importing
    13  distributor.
    14     (21)  Refusing The Right of Inspection. For any licensee, or
    15  his servants, agents or employes, to refuse the [board]
    16  commission or the enforcement bureau or any of [its] their
    17  authorized employes the right to inspect completely the entire
    18  licensed premises at any time during which the premises are open
    19  for the transaction of business, or when patrons, guests or
    20  members are in that portion of the licensed premises wherein
    21  either liquor or malt or brewed beverages are sold.
    22     (22)  Allowance or Rebate to Induce Purchases. For any
    23  licensee, or his servants, agents or employes, to offer, pay,
    24  make or allow, or for any licensee, or his servants, agents or
    25  employes, to solicit or receive any allowance or rebate, refunds
    26  or concessions, whether in the form of money or otherwise, to
    27  induce directly the purchase of liquor or malt or brewed
    28  beverages.
    29     (23)  Money or Valuables Given to Employes to Influence
    30  Actions of Their Employers. For any licensee, or any agent,
    19870H1000B1366                 - 183 -

     1  employe or representative of any licensee, to give or permit to
     2  be given, directly or indirectly, money or anything of
     3  substantial value, in an effort to induce agents, employes or
     4  representatives of customers or prospective customers to
     5  influence their employer or principal to purchase or contract to
     6  purchase liquor or malt or brewed beverages from the donor of
     7  such gift, or to influence such employers or principals to
     8  refrain from dealing or contracting to deal with other
     9  licensees.
    10     (24)  Things of Value Offered as Inducement. For any licensee
    11  under the provisions of this article, or the [board] commission
    12  or any manufacturer, or any employe or agent of a manufacturer,
    13  licensee or of the [board] commission, to offer to give anything
    14  of value or to solicit or receive anything of value as a premium
    15  for the return of caps, stoppers, corks, stamps or labels taken
    16  from any bottle, case, barrel or package containing liquor or
    17  malt or brewed beverage, or to offer or give or solicit or
    18  receive anything of value as a premium or present to induce
    19  directly the purchase of liquor or malt or brewed beverage, or
    20  for any licensee, manufacturer or other person to offer or give
    21  to trade or consumer buyers any prize, premium, gift or other
    22  inducement to purchase liquor or malt or brewed beverages,
    23  except advertising novelties of nominal value which the [board]
    24  commission shall define[: Provided, however, That this]. THIS     <--
    25  SECTION SHALL NOT PREVENT ANY MANUFACTURER OR ANY AGENT OF A
    26  MANUFACTURER FROM OFFERING AND HONORING COUPONS WHICH OFFER
    27  MONETARY REBATES ON PURCHASES OF WINES AND SPIRITS THROUGH STATE
    28  LIQUOR STORES IN ACCORDANCE WITH CONDITIONS OR REGULATIONS
    29  ESTABLISHED BY THE COMMISSION. FURTHER, NO MANUFACTURER OR ANY
    30  AGENT OF A MANUFACTURER SHALL HONOR ANY COUPONS WITHOUT PROOF OF
    19870H1000B1366                 - 184 -

     1  PURCHASE IN THE FORM OF A SALES SLIP OR RECEIPT ATTACHED TO THE
     2  COUPONS. THIS section shall not apply to the return of any
     3  monies specifically deposited for the return of the original
     4  container to the owners thereof.
     5     (25)  Employment of Females in Licensed Places. For any
     6  licensee or his agent, to employ or permit the employment of any
     7  female at his licensed hotel, restaurant or eating place for the
     8  purpose of enticing customers, or to encourage them to drink
     9  liquor, or make assignations for improper purposes: Provided,
    10  That nothing in this section shall be construed to prevent the
    11  employment of any female waitress who regularly takes orders for
    12  food from serving food, liquor or malt or brewed beverages at
    13  tables; also, that nothing shall prevent any such licensees from
    14  employing any female stenographer, hotel secretary, clerk or
    15  other employe for their respective positions: Provided further,
    16  That nothing in this section shall be so construed as to prevent
    17  the wife of any such licensee or agent or any employed female
    18  from mixing or serving liquor or malt or brewed beverages behind
    19  the bar of any such licensed place.
    20     Any person violating the provisions of this clause shall be
    21  guilty of a misdemeanor and, upon conviction of the same, shall
    22  be sentenced to pay a fine of not less than one hundred dollars
    23  ($100), nor more than five hundred dollars ($500), for each and
    24  every female so employed, or undergo an imprisonment of not less
    25  than three (3) months, nor more than one (1) year, or either or
    26  both, at the discretion of the court having jurisdiction of the
    27  case. The [board] administrative law judge shall have the power
    28  to revoke or refuse licenses for violation of this clause.
    29     (26)  Worthless Checks. For any retail liquor licensee or any
    30  retail dispenser, distributor or importing distributor, to make,
    19870H1000B1366                 - 185 -

     1  draw, utter, issue or deliver, or cause to be made, drawn,
     2  uttered, issued or delivered, any check, draft or similar order,
     3  for the payment of money in payment for any purchase of malt or
     4  brewed beverages, when such retail liquor licensee, retail
     5  dispenser, distributor or importing distributor, has not
     6  sufficient funds in, or credit with, such bank, banking
     7  institution, trust company or other depository, for the payment
     8  of such check. Any person who is a licensee under the provisions
     9  of this article, who shall receive in payment for malt or brewed
    10  beverages sold by him any check, draft or similar order for the
    11  payment of money, which is subsequently dishonored by the bank,
    12  banking institution, trust company or other depository, upon
    13  which drawn, for any reason whatsoever, shall, within five days
    14  of receipt of notice of such dishonor, notify by certified mail
    15  the person who presented the said worthless check, draft or
    16  similar order.
    17     (27)  Distributors and Importing Distributors Employing
    18  Minors. For any distributor or importing distributor to employ
    19  minors under the age of eighteen but persons eighteen and over
    20  may be employed to sell and deliver malt and brewed beverages.
    21     Section 82.  Section 494 of the act, amended May 25, 1956
    22  (1955 P.L.1743, No.583), is reenacted and amended to read:
    23     Section 494.  Penalties.--(a)  Any person who shall violate
    24  any of the provisions of this article, except as otherwise
    25  specifically provided, shall be guilty of a misdemeanor and,
    26  upon conviction thereof, shall be sentenced to pay a fine of not
    27  less than one hundred dollars ($100), nor more than five hundred
    28  dollars ($500), and on failure to pay such fine, to imprisonment
    29  for not less than one month, nor more than three months, and for
    30  any subsequent offense, shall be sentenced to pay a fine not
    19870H1000B1366                 - 186 -

     1  less than three hundred dollars ($300), nor more than five
     2  hundred dollars ($500), and to undergo imprisonment for a period
     3  not less than three months, nor more than one year.
     4     (b)  The right [of the board] to suspend and revoke licenses
     5  granted under this article shall be in addition to the penalty
     6  set forth in this section.
     7     Section 83.  Section 495 of the act, amended June 22, 1980
     8  (P.L.262, No.76), is reenacted and amended to read:
     9     Section 495.  Identification Cards; Licensees and State
    10  Liquor Store Employes Saved From Prosecution.--[(a)  The board
    11  shall issue, to any person who shall have attained the age of
    12  twenty-one years, an identification card bearing said person's
    13  date of birth, physical description, photograph, signature, and
    14  such other information, as the board by regulation may
    15  determine, attesting to the age of the applicant, upon
    16  application therefor by said person, filed no earlier than
    17  fifteen days prior to attaining the age of twenty-one. Such
    18  cards shall be numbered and a record thereof maintained by the
    19  board for a period of five years. The board may, in its
    20  discretion, impose a charge for such cards in an amount to be
    21  determined by it, and it may, upon proof of loss of such
    22  identification card by and upon application of anyone to whom
    23  such card may have been issued, issue a duplicate thereof and
    24  impose a charge therefor in an amount as it may by regulation
    25  prescribe. The board shall have the power to make such
    26  regulations as it shall, from time to time, deem proper
    27  regarding the size, style and additional content of the
    28  identification card, the form and content of any application
    29  therefor, the type, style and quantity of proof required to
    30  verify the applicant's age, the procedure for receiving and
    19870H1000B1366                 - 187 -

     1  processing such application, the distribution of said card, the
     2  charge to be imposed for any card more than one that it shall
     3  issue to the same applicant, and all other matters the board
     4  shall deem necessary or advisable for the purpose of carrying
     5  into effect the provisions of this section.
     6     (a.1)] (a)  The photo driver's license or identification card
     7  issued by the Department of Transportation shall, for the
     8  purpose of this act, be accepted as an identification card.
     9     [(a.2)  For the purposes of this section, the term
    10  identification card means a card which complies with either
    11  subsection (a) or (a.1).]
    12     (b)  Such identification card shall be presented by the
    13  holder thereof upon request of any State Liquor Store or any
    14  licensee, or the servant, agent or employe thereof, for the
    15  purpose of aiding such store, licensee, or the servant, agent or
    16  employe to determine whether or not such person is twenty-one
    17  years of age and upwards, when such person desires alcoholic
    18  beverage at a State Liquor Store or licensed establishment.
    19     (c)  In addition to the presentation of such identification
    20  card, the agent of the State Liquor Store or the licensee, or
    21  his servant, agent or employe, shall require the person whose
    22  age may be in question to fill in and sign a card in the
    23  following form:
    24                               ............................ 19
    25     I,........................................., hereby represent
    26  to ..........................................., a State Store or
    27  licensee of the [Pennsylvania Liquor Control Board] Alcohol
    28  Beverages Commission, that I am of full age and discretion
    29  and over the age of 21 years, having been born on
    30  ....................... 19..... at ..........................
    19870H1000B1366                 - 188 -

     1  This statement is made to induce said store or licensee above
     2  named to sell or otherwise furnish alcoholic beverages to the
     3  undersigned.
     4  Serial Number of Identification Card:
     5     I understand that I am subject to a fine of
     6  $300.00 and sixty days imprisonment for any
     7  misrepresentation herein.
     8                                                ..................
     9                                                     (Name)
    10                                                ..................
    11                                                    (Address)
    12  Witness:
    13  Name............................
    14  Address.........................
    15     Such statement shall be printed upon a 3 inch by 5 inch or 4
    16  inch by 5 inch file card, which card shall be filed
    17  alphabetically by the State Liquor Store or licensee, at or
    18  before the close of business on the day of which said
    19  certificate is executed, in a file box containing a suitable
    20  alphabetical index, and which card shall be subject to
    21  examination by any officer, agent or employe of the [Liquor
    22  Control Board] commission at any and all times.
    23     (d)  It shall be unlawful for the owner of an identification
    24  card, as defined by this act, to transfer said card to any other
    25  person for the purpose of aiding such person to secure alcoholic
    26  beverage. Any person who shall transfer such identification card
    27  for the purpose of aiding such transferee to obtain alcoholic
    28  beverage shall be guilty of a misdemeanor and, upon conviction
    29  thereof, shall be sentenced to pay a fine of not more than three
    30  hundred dollars ($300), or undergo imprisonment for not more
    19870H1000B1366                 - 189 -

     1  than sixty (60) days. Any person not entitled thereto who shall
     2  have unlawfully procured or have issued or transferred to him,
     3  as aforesaid, identification card or any person who shall make
     4  any false statement on any card required by subsection (c)
     5  hereof to be signed by him shall be guilty of a misdemeanor and,
     6  upon conviction thereof, shall be sentenced to pay a fine of not
     7  more than three hundred dollars ($300), or undergo imprisonment
     8  for not more than sixty (60) days.
     9     (e)  The signed statement in the possession of a licensee or
    10  an employe of a State Liquor Store may be offered as a defense
    11  in all civil and criminal prosecutions for serving a minor, and
    12  no penalty shall be imposed if the [Liquor Control Board]
    13  commission or the courts are satisfied that the licensee or
    14  State Liquor Store employe acted in good faith.
    15     Section 84.  Section 496 of the act, added June 15, 1961
    16  (P.L.423, No.211), is reenacted and amended to read:
    17     Section 496.  Reporting of Worthless Checks.--Any person who
    18  is a licensee under the provisions of this article, who shall
    19  receive in payment for malt or brewed beverages sold by him any
    20  check, draft or similar order, for the payment of money, which
    21  is subsequently dishonored by the bank, banking institution,
    22  trust company or other depository, upon which drawn, for any
    23  reason whatsoever, shall, within twenty days of receipt of
    24  notice of such dishonor, notify the [board] commission thereof.
    25  Such notification to the [board] commission shall be in such
    26  manner and form as the board shall direct.
    27     Section 85.  Section 497 of the act, added December 22, 1965
    28  (P.L.1144, No.441), is reenacted to read:
    29     Section 497.  Liability of Licensees.--No licensee shall be
    30  liable to third persons on account of damages inflicted upon
    19870H1000B1366                 - 190 -

     1  them off of the licensed premises by customers of the licensee
     2  unless the customer who inflicts the damages was sold, furnished
     3  or given liquor or malt or brewed beverages by the said licensee
     4  or his agent, servant or employe when the said customer was
     5  visibly intoxicated.
     6     Section 86.  The act is amended by adding a section to read:
     7     Section 498.  Unlawful Advertising.--(a)  No manufacturer,
     8  wholesaler or shipper whether from outside or inside this
     9  Commonwealth and no licensee under this act shall cause or
    10  permit the advertising in any manner whatsoever of the price of
    11  any malt beverage, cordial, wine or distilled liquor offered for
    12  sale in this Commonwealth: Provided, however, That the
    13  provisions of this section shall not apply to price signs or
    14  tags attached to or placed on merchandise for sale within the
    15  licensed premises in accordance with rules and regulations of
    16  the commission.
    17     (b)  No newspaper, periodical, radio or television
    18  broadcaster or broadcasting company or any other person, firm or
    19  corporation with a principal place of business in this
    20  Commonwealth which is engaged in the business of advertising or
    21  selling advertising time or space shall accept, publish or
    22  broadcast any advertisement in this Commonwealth of the price or
    23  make reference to the price of any alcoholic beverages.
    24     (c)  Any person who shall violate any of the provisions of
    25  this section shall be guilty of a misdemeanor and upon
    26  conviction shall be punished for the first offense by a fine in
    27  the sum of fifty dollars ($50) and for each additional offense
    28  thereafter by a fine not exceeding the sum of one hundred
    29  dollars ($100). Publication or broadcast by any person in
    30  violation of the provisions of this section shall also be
    19870H1000B1366                 - 191 -

     1  subject to injunctive proceedings in a court of competent
     2  jurisdiction on a complaint brought by a retail licensee or an
     3  association of retail licensees.
     4     (d)  The provisions of this section shall not apply to any
     5  trade journal which is duly recognized and authorized to be
     6  exempt from the provisions of this section by the commission.
     7     Section 87.  The heading of Article V of the act is reenacted
     8  to read:
     9                             ARTICLE V.
    10             DISTILLERIES, WINERIES, BONDED WAREHOUSES,
    11            BAILEES FOR HIRE AND TRANSPORTERS FOR HIRE.
    12     Section 88.  Section 501 of the act is reenacted to read:
    13     Section 501.  License Required.--Except as otherwise provided
    14  in this article, and except as otherwise provided in article
    15  four as to malt and brewed beverages, it shall be unlawful for
    16  any person without a license obtained under provisions of this
    17  article to hold in storage as bailee for hire, or transport for
    18  hire, any malt or brewed beverage, or to manufacture, produce,
    19  distill, develop or use in the process of manufacture, denature,
    20  redistill, recover, rectify, blend, reuse, hold in bond, hold in
    21  storage as bailee for hire, or transport for hire, within this
    22  Commonwealth, any alcohol or liquor, except that a person may
    23  manufacture wine out of grapes grown in Pennsylvania by
    24  fermentation only and with no alcohol or alcoholic product added
    25  thereto by way of fortification and sell the same to a licensed
    26  winery.
    27     Section 89.  Section 502 of the act is reenacted and amended
    28  to read:
    29     Section 502.  Exemptions.--No license hereunder shall be
    30  required from any registered pharmacist; or a physician licensed
    19870H1000B1366                 - 192 -

     1  by the State Board of [Medical Education and Licensure]
     2  Medicine; or any person who makes and sells vinegar,
     3  nonalcoholic cider and fruit juices; or any person who
     4  manufactures, stores, sells or transports methanol, propanol,
     5  butanol and amanol; or any person who conducts a wholesale drug
     6  business; or any person who manufactures alcoholic preparations
     7  not fit for use as a beverage, other than denatured alcohol or
     8  for beverage purposes; any person engaged in the manufacture;
     9  possession or sale of patent, patented or proprietary medicines,
    10  toilet, medicinal or antiseptic preparations unfit for beverage
    11  purposes, or solutions or flavoring extracts or syrups unfit for
    12  beverage purposes; or any person who manufactures or sells
    13  paints, varnishes, enamels, lacquers, stains or paint, or
    14  varnish removing or reducing compounds, or wood fillers; or any
    15  person who manufactures any substance where the alcohol or any
    16  liquor is changed into other chemical substances and does not
    17  appear in the finished product as alcohol or liquor; or any
    18  common carrier by railroad which is subject to regulation by the
    19  Pennsylvania Public Utility Commission of the Commonwealth of
    20  Pennsylvania, or scheduled common carriers by air of mail and
    21  passengers; or any person who sells, stores or transports
    22  alcohol or liquor completely denatured, as specified by the
    23  [board] commission.
    24     Section 90.  Section 502.1 of the act, added December 14,
    25  1979 (P.L.565, No.129), is reenacted and amended to read:
    26     Section 502.1.  Production of Denatured Ethyl Alcohol.--(a)
    27  Notwithstanding any other provisions of this act, a person may
    28  upon payment of an annual registration fee of twenty-five
    29  dollars ($25) and without the necessity of having to post a
    30  bond, manufacture or distill, hold in storage and use denatured
    19870H1000B1366                 - 193 -

     1  ethyl alcohol for the purpose of providing fuel for personal or
     2  business vehicles or machinery.
     3     (b)  No denatured ethyl alcohol produced under the provisions
     4  of this section may be sold or utilized by any person other than
     5  the producer.
     6     (c)  Each licensee shall file annually with the [board]
     7  commission accurate records of the monthly production and
     8  utilization of denatured ethyl alcohol fuel. The [board]
     9  commission shall prescribe the form to be used for this report.
    10     (d)  Any violation of this section shall be subject to the
    11  penalties set forth in section 519.
    12     Section 91.  Section 503 of the act is reenacted to read:
    13     Section 503.  Qualifications for License.--No license shall
    14  be issued under the provisions of this article to any person
    15  unless (a) in case of individuals, he or she is a citizen of the
    16  United States of America, (b) in case of companies or
    17  unincorporated associations of individuals, each and every one
    18  is a citizen of the United States of America, (c) in case of
    19  corporations, each and every stockholder thereof is a citizen of
    20  the United States of America.
    21     Section 92.  Section 504 of the act, amended September 28,
    22  1961 (P.L.1728, No.702), is reenacted and amended to read:
    23     Section 504.  Applications; Filing Fees.--(a)  Every
    24  applicant for a license under this article shall file with the
    25  [board] commission a written application in such form as the
    26  [board] commission shall from time to time require. Every such
    27  application shall be accompanied by a filing fee of twenty
    28  dollars ($20), the prescribed license fee and the bond
    29  hereinafter specified, and shall set forth:
    30     [1.] (1)  The legal names of the applicant and of the owner
    19870H1000B1366                 - 194 -

     1  of the place where business under the license will be carried
     2  on, with their residence addresses by street and number, if a
     3  partnership, of each separate partner, and if a corporation, of
     4  each individual officer thereof.
     5     [2.] (2)  The exact location of said place of business and of
     6  every place to be occupied or used in connection with such
     7  business, the productive capacity of each plant where any
     8  alcohol or liquor is to be manufactured, produced, distilled,
     9  rectified, blended, developed or used in the process of
    10  manufacture, denatured, redistilled, recovered, reused, the
    11  capacity of every warehouse or other place where such alcohol or
    12  liquor or malt or brewed beverage is to be held in bond or
    13  stored for hire, or the equipment to be used where a
    14  transportation business is to be carried on under the license.
    15     [3.] (3)  That each and every one of the applicants is a
    16  citizen of the United States of America.
    17     [4.] (4)  Such other relevant information as the [board]
    18  commission shall from time to time require by rule or
    19  regulation.
    20     (b)  Each application must be verified by affidavit of the
    21  applicant made before any officer legally qualified to
    22  administer oaths, and if any false statement is wilfully made in
    23  any part of said application, the applicant or applicants shall
    24  be deemed guilty of a misdemeanor and, upon conviction, shall be
    25  subject to the penalties provided by this article.
    26     Section 93.  Section 505 of the act, amended July 31, 1968
    27  (P.L.902, No.272), is reenacted and amended to read:
    28     Section 505.  Licenses Issued.--Upon receipt of the
    29  application in the form herein provided, the proper fees and an
    30  approved bond as herein designated, the [board] commission may
    19870H1000B1366                 - 195 -

     1  grant to such applicant a license to engage in, (a) the
     2  operation of a limited winery or a winery; or, (b) the
     3  manufacturing, producing, distilling, developing, or using in
     4  the process of manufacturing, denaturing, redistilling,
     5  recovering, rectifying, blending and reusing of alcohol and
     6  liquor; or, (c) the holding in bond of alcohol and liquor; or,
     7  (d) the holding in storage, as bailee for hire, of alcohol,
     8  liquor and malt or brewed beverages; or, (e) the transporting
     9  for hire of alcohol, liquor and malt or brewed beverages.
    10     Section 94.  Section 505.1 of the act, amended February 17,
    11  1956 (1955 P.L.1077, No.348), is reenacted and amended to read:
    12     Section 505.1.  Bonded Warehouse License Privilege
    13  Restrictions.--(a)  Holders of bonded warehouse licenses may:
    14     [(a)] (1)  Receive and store in bond liquor owned by
    15  Pennsylvania licensed manufacturers and importers.
    16     [(b)] (2)  Receive and store in bond alcohol owned by
    17  Pennsylvania licensed manufacturers.
    18     [(c)] (3)  Receive and store in bond liquor owned by
    19  licensees outside this Commonwealth. Such liquor shall be
    20  released from the bonded warehouse for delivery within this
    21  Commonwealth only to persons holding a liquor importer's license
    22  issued by the [Pennsylvania Liquor Control Board] commission
    23  authorizing the importation of liquor or to other storage
    24  facilities or persons outside this Commonwealth.
    25     [(d)] (4)  Receive and store in bond alcohol owned by
    26  licensees outside this Commonwealth. Such alcohol shall be
    27  released from the bonded warehouse for delivery within this
    28  Commonwealth only to persons holding an alcohol permit issued by
    29  the [Pennsylvania Liquor Control Board] commission authorizing
    30  the importation of alcohol or to other storage facilities or
    19870H1000B1366                 - 196 -

     1  persons outside this Commonwealth.
     2     (b)  All liquor and alcohol received and stored pursuant to
     3  this section shall be in original containers of ten gallons or
     4  greater capacity. Liquor and alcohol placed in storage in
     5  accordance with the foregoing provisions may remain in storage
     6  notwithstanding any change in ownership.
     7     Section 95.  Section 505.2 of the act, amended November 5,
     8  1981 (P.L.329, No.119) and December 17, 1982 (P.L.1390, No.319),
     9  is reenacted and amended to read:
    10     Section 505.2.  Limited Wineries.--Holders of a limited
    11  winery license may:
    12     (1)  Produce wines AND WINE COOLERS only from fruits grown in  <--
    13  Pennsylvania in an amount not to exceed one hundred thousand
    14  (100,000) gallons per year.
    15     (2)  Sell wine AND WINE COOLERS produced by the limited        <--
    16  winery or purchased in bulk in bond from another Pennsylvania
    17  limited winery on the licensed premises, under such conditions
    18  and regulations as the [board] commission may enforce, to the
    19  [Liquor Control Board] commission, to individuals and to hotel,
    20  restaurant, club and public service liquor licensees, and to
    21  Pennsylvania winery licensees: Provided, That a limited winery
    22  shall not, in any calendar year, purchase wine produced by other
    23  limited wineries in an amount in excess of fifty per centum of
    24  the wine produced by the purchasing limited winery in the
    25  preceding calendar year.
    26     (3)  [Sell] SEPARATELY OR IN CONJUNCTION WITH OTHER LIMITED    <--
    27  WINERIES, SELL wine AND WINE COOLERS produced by the limited      <--
    28  winery [on no more than three [board-approved] AT commission-     <--
    29  approved locations other than the licensed premises, with no
    30  bottling or production requirement at those additional [board-
    19870H1000B1366                 - 197 -

     1  approved] commission-approved locations and under such
     2  conditions and regulations as the [board] commission may
     3  enforce, to the [Liquor Control Board] commission, to
     4  individuals and to hotel, restaurant, club and public service
     5  liquor licensees.
     6     Section 96.  Section 505.3 of the act, added July 30, 1975
     7  (P.L.136, No.68), is reenacted and amended to read:
     8     Section 505.3.  Distilleries.--Distilleries of historical
     9  significance established more than one hundred years prior to
    10  January 1, 1975 which hold a license issued under section 505
    11  may sell liquor produced by the distillery on the licensed
    12  premises under such conditions and regulations as the [board]
    13  commission may enforce.
    14     Section 97.  Sections 506 and 507 of the act are reenacted
    15  and amended to read:
    16     Section 506.  Bonds Required.--(a)  No license shall be
    17  issued to any such applicant until he has filed with the [board]
    18  commission an approved bond, duly executed, payable to the
    19  Commonwealth of Pennsylvania, together with a warrant of
    20  attorney to confess judgment in the penal sum herein set forth.
    21  All such bonds shall be conditioned for the faithful observance
    22  of all the laws of this Commonwealth and regulations of the
    23  [board] commission relating to alcohol, liquor and malt or
    24  brewed beverages and the conditions of the license, and shall
    25  have as surety a duly authorized surety company, or shall have
    26  deposited therewith, as collateral security, cash or negotiable
    27  obligations of the United States of America or the Commonwealth
    28  of Pennsylvania in the same amount as herein provided for the
    29  penal sum of bonds.
    30     (b)  In all cases where cash or securities in lieu of other
    19870H1000B1366                 - 198 -

     1  surety have been deposited with the [board] commission, the
     2  depositor shall be permitted to continue the same deposit from
     3  year to year on each renewal of license, but in no event shall
     4  he be permitted to withdraw his deposit during the time he holds
     5  said license, or until six months after the expiration of the
     6  license held by him, or while revocation proceedings are pending
     7  against such licensee.
     8     (c)  All cash or securities received by the [board]
     9  commission in lieu of other surety shall be turned over by the
    10  [board] commission to the State Treasurer and held by him. The
    11  State Treasurer shall repay or return money or securities
    12  deposited with him to the respective depositors only on the
    13  order of the [board] commission.
    14     (d)  After notice from the [board] commission that such a
    15  bond has been forfeited, the State Treasurer shall immediately
    16  pay into the State Stores Fund all cash deposited as collateral
    17  with such bond, and when securities have been deposited with
    18  such a bond, the State Treasurer shall sell at private sale, at
    19  not less than the prevailing market price, any such securities
    20  so deposited as collateral with any such forfeited bond. The
    21  State Treasurer shall thereafter deposit in The State Stores
    22  Fund the net amount realized from the sale of such securities,
    23  except that if the amount so realized, after deducting proper
    24  costs and expenses, is in excess of the penal amount of the
    25  bond, such excess shall be paid over by him to the obligor on
    26  such forfeited bond.
    27     (e)  The penal sum of bonds required to be filed by
    28  applicants for license shall be as follows:
    29     In the case of a distillery (manufacturer), the bond shall be
    30  in the amount of ten thousand dollars ($10,000); in the case of
    19870H1000B1366                 - 199 -

     1  a bonded warehouse, a bailee for hire and a transporter for
     2  hire, each shall be in the amount of three thousand dollars
     3  ($3000); and in the case of a winery, shall be in the amount of
     4  five thousand dollars ($5000). Such bonds shall be filed with
     5  and retained by the [board] commission.
     6     (f)  Every such bond shall be turned over to the [Department
     7  of Justice] Attorney General to be collected if and when the
     8  licensee's license shall have been revoked and his bond
     9  forfeited as provided in this act.
    10     Section 507.  Hearings [Upon Refusal of Licenses] on Licenses
    11  and Refusals.--(a)  The [board] commission may of its own
    12  motion, and shall upon the written request of the enforcement
    13  bureau or of any applicant for license or for renewal thereof
    14  whose application for such license or renewal has been refused,
    15  fix a time and place for hearing of such application or renewal,
    16  notice of which hearing shall be sent to the bureau and to the
    17  applicant, by registered mail, at the address given in his
    18  application. Such hearing shall be before the [board]
    19  commission, a member thereof, or an [examiner designated by the
    20  board] administrative law judge.
    21     (b)  At such hearing, the [board] commission shall present
    22  its reasons for its refusal or withholding of such license or
    23  renewal thereof or the bureau shall present its objections to
    24  the granting or renewal of the license, as the case may be. The
    25  applicant may appear in person or by counsel, may cross-examine
    26  the witnesses for the [board] commission or the bureau, and may
    27  present evidence which shall likewise be subject to cross-
    28  examination by the [board] commission or the bureau. Such
    29  hearing shall be stenographically recorded. The [examiner]
    30  administrative law judge shall thereafter report to the [board]
    19870H1000B1366                 - 200 -

     1  commission. The [board] commission shall thereafter grant or
     2  refuse the license or renewal thereof. [If the board shall
     3  refuse such license or renewal following such hearing, notice in
     4  writing of such refusal shall be mailed to the applicant at the
     5  address given in his application. In all cases, the board shall
     6  file of record at least a brief statement in the form of an
     7  opinion of the reasons for the ruling or order.]
     8     (c)  Hearings and adjudications pursuant to this section
     9  shall be in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating
    10  to practice and procedure of Commonwealth agencies).
    11     Section 98.  Section 508 of the act, amended July 31, 1968
    12  (P.L.902, No.272), is reenacted and amended to read:
    13     Section 508.  License Fees.--(a)  The annual fee for every
    14  license issued to a limited winery or a winery shall be two
    15  hundred and fifty dollars ($250). The annual fee for every
    16  license issued to a distillery (manufacturer) shall be twenty-
    17  five hundred dollars ($2500) per annum if the annual production
    18  is five hundred thousand (500,000) proof gallons or less, and an
    19  additional fee of one hundred dollars ($100) for each one
    20  hundred thousand (100,000) proof gallons or fraction thereof in
    21  excess of five hundred thousand (500,000) proof gallons, but for
    22  the purpose of determining the amount of the fee payable by a
    23  distillery, the annual production of alcohol that is denatured
    24  by the manufacturer thereof during the license year in
    25  Pennsylvania and not elsewhere shall be excluded, but alcohol or
    26  liquor used by the manufacturer thereof during the license year
    27  in rectification or blending shall not be excluded, except that
    28  no fee for a distillery shall be less than twenty-five hundred
    29  dollars ($2500) per annum. The annual fee for all other licenses
    30  shall be one hundred dollars ($100). The fee for any license
    19870H1000B1366                 - 201 -

     1  when applied for and issued on or after April first, but prior
     2  to July first, shall be three-fourths of the annual fee; July
     3  first, but prior to October first, shall be one-half of the
     4  annual fee; October first, but prior to January first, one-
     5  fourth of the annual fee.
     6     (b)  For the purpose of this section, the term "proof gallon"
     7  shall mean a gallon liquid which contains one-half its volume of
     8  alcohol of a specific gravity of seven thousand nine hundred
     9  thirty-nine ten thousandths (.7939) at sixty degrees Fahrenheit.
    10     Section 99.  Section 509 of the act is reenacted and amended
    11  to read:
    12     Section 509.  License Must Be Posted; Business Hours.--
    13  Licenses shall be issued by the [board] commission under its
    14  official seal. Every license so issued must at all times be
    15  posted in a conspicuous place where the business is carried on
    16  under it, and said place of business must be kept open during
    17  general business hours of every day in the year except Sundays
    18  and legal holidays.
    19     Section 100.  Sections 510 and 511 of the act are reenacted
    20  to read:
    21     Section 510.  Containers To Be Labeled.--All persons, except
    22  as exempted by section five hundred two hereof, manufacturing,
    23  producing, distilling, developing or using in the process of
    24  manufacture, denaturing, redistilling, recovering, rectifying,
    25  blending, reusing, holding in bond, holding in storage as bailee
    26  for hire, or transporting for hire of alcohol or liquor under
    27  the provisions of this article, shall securely and permanently
    28  attach to every container ready for shipment thereof as the same
    29  is manufactured, produced, distilled, developed, denatured,
    30  redistilled, recovered, rectified, blended, reused, a label
    19870H1000B1366                 - 202 -

     1  stating the name of the manufacturer, kind and quantity of
     2  alcohol or liquor contained therein, and the date of its
     3  manufacture, together with the number of the license authorizing
     4  the manufacture thereof, and all persons possessing such alcohol
     5  or liquor in wholesale quantities shall securely keep and
     6  maintain such label thereon.
     7     Section 511.  License To Specify Each Place Authorized For
     8  Use.--Every license issued under the provision of this article
     9  shall specify by definite location every place to be occupied or
    10  used in connection with the business to be conducted thereunder.
    11  It shall be unlawful for the holder of any license to occupy or
    12  use any place in connection with any business authorized under a
    13  license other than the place or places designated therein.
    14     Section 101.  Sections 512, 513 and 514 of the act are
    15  reenacted and amended to read:
    16     Section 512.  Records To Be Kept.--Every person holding a
    17  license issued under the provisions of this article shall keep
    18  on the licensed premises daily permanent records which shall
    19  show, (a) the quantities of any alcohol or liquor manufactured,
    20  produced, distilled, developed, denatured, redistilled,
    21  recovered, reused, stored in bond, stored as bailee for hire,
    22  received or used in the process of manufacture by him, and of
    23  all other material used in manufacturing or developing any
    24  alcohol or liquor; (b) the sales or other disposition of any
    25  alcohol, liquor or malt or brewed beverages if covered by said
    26  license; (c) the quantities thereof, if any, stored in bond,
    27  stored for hire, or transported for hire by or for the licensee;
    28  and (d) the names and addresses of the purchasers or other
    29  recipients thereof: Provided, however, That persons holding
    30  licenses issued under the provisions of this article for the
    19870H1000B1366                 - 203 -

     1  transportation for hire of any alcohol, liquor or malt or brewed
     2  beverages shall not be required to keep the above records, but
     3  shall keep daily permanent records showing the names and
     4  addresses of the persons from whom any alcohol, liquor or malt
     5  or brewed beverage was received and to whom delivered, and such
     6  other permanent records as the [board] commission shall
     7  prescribe.
     8     Section 513.  Premises and Records Subject To Inspection.--
     9  Every place operated under license secured under the provisions
    10  of this article where any alcohol, liquor or malt or brewed
    11  beverage covered by the license is manufactured, produced,
    12  distilled, developed or used in the process of manufacture,
    13  denatured, redistilled, rectified, blended, recovered, reused,
    14  held in bond, stored for hire or in connection with a licensee's
    15  business, shall be subject to inspection by members of the
    16  [board] commission or by persons duly authorized and designated
    17  by the [board] commission at any and all times of the day or
    18  night, as they may deem necessary, (a) for the detection of
    19  violations of this act or of the rules and regulations of the
    20  [board] commission promulgated under the authority of this act,
    21  or (b) for the purpose of ascertaining the correctness of the
    22  records required by this act to be kept by licensees and the
    23  books and records of licensees, and the books and records of
    24  their customers, in so far as they relate to purchases from said
    25  licensees, shall at all times be open to inspection by the
    26  members of the [board] commission or by persons duly authorized
    27  and designated by the [board] commission for the purpose of
    28  making inspections as authorized by this section. Members of the
    29  [board] commission and the persons duly authorized and
    30  designated by the [board] commission shall have the right,
    19870H1000B1366                 - 204 -

     1  without fee or hindrance, to enter any place which is subject to
     2  inspection hereunder, or any place where records subject to
     3  inspection hereunder are kept, for the purpose of making such
     4  inspections.
     5     Section 514.  Suspension and Revocation of Licenses.--(a)
     6  Upon learning of any violation of this act or of any rule or
     7  regulation promulgated by the [board] commission under the
     8  authority of this act, or any violation of any laws of the
     9  Commonwealth or of the United States of America relating to the
    10  tax payment of alcohol, liquor or malt or brewed beverages by
    11  the holder of a license issued under the provisions of this
    12  article, or upon other sufficient cause, the [board] enforcement
    13  bureau may, within one year from the date of such violation or
    14  cause appearing, cite such licensee to appear before [it or its
    15  examiner] an administrative law judge not less than ten (10) nor
    16  more than [fifteen (15)] sixty (60) days from the date of
    17  sending such licensee, by registered mail, a notice addressed to
    18  his licensed premises, to show cause why the license should not
    19  be suspended or revoked. Hearings on such citations shall be
    20  held in the same manner as provided herein for hearings on
    21  applications for license. And upon such hearing, if satisfied
    22  that any such violation has occurred or for other sufficient
    23  cause, the [board] administrative law judge shall immediately
    24  suspend or revoke such license, notifying the licensee thereof
    25  by registered letter addressed to his licensed premises, or to
    26  the address given in his application where no licensed premises
    27  is maintained in Pennsylvania.
    28     (b)  When a license is revoked, the licensee's bond may be
    29  forfeited [by the board]. Any licensee whose license is revoked
    30  shall be ineligible to have a license under this act or under
    19870H1000B1366                 - 205 -

     1  any other act relating to alcohol, liquor or malt or brewed
     2  beverages until the expiration of three (3) years from the date
     3  such license was revoked. In the event [the board shall revoke a
     4  license] of a revocation, no license shall be granted for the
     5  premises or transferred to the premises in which said license
     6  was conducted for a period of at least one (1) year after the
     7  date of the revocation of the license conducted in the said
     8  premises, except in cases where the licensee or a member of his
     9  immediate family is not the owner of the premises, in which case
    10  the [board] commission may, in its discretion, issue or transfer
    11  a license within said year. [In all such cases, the board shall
    12  file of record at least a brief statement in the form of an
    13  opinion of the reasons for the ruling or order.] Such hearing
    14  before and adjudication by an administrative law judge shall be
    15  in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to
    16  practice and procedure of Commonwealth agencies).
    17     Section 102.  Section 515 of the act, repealed in part June
    18  3, 1971 (P.L.118, No.6) and April 28, 1978 (P.L.202, No.53), is
    19  reenacted and amended to read:
    20     Section 515.  Appeals.--[Any] The commission, the enforcement
    21  bureau or any applicant or any licensee aggrieved by any
    22  decision [of the board] refusing, suspending or revoking a
    23  license under the provisions of this article may appeal to the
    24  court of the county in which the licensed premises or the
    25  premises to be licensed are located. In the event an applicant
    26  or a licensee shall have no place of business established within
    27  the Commonwealth, his appeal shall be to the [court of Dauphin
    28  County] Commonwealth Court. Such appeal shall be [upon petition
    29  of the applicant or licensee, as the case may be, who shall
    30  serve a copy thereof upon the board. The said appeal shall act
    19870H1000B1366                 - 206 -

     1  as a supersedeas, unless upon sufficient cause shown the court
     2  shall determine otherwise. The court shall hear the application
     3  de novo at such time as it shall fix, of which notice shall be
     4  given to the board. The court shall, in the case of a refusal by
     5  the board, either sustain such refusal or order the issuance of
     6  the license to the applicant] in accordance with 2 Pa.C.S. Ch. 7
     7  Subch. A (relating to judicial review of Commonwealth agency
     8  action).
     9     Section 103.  Sections 516 and 517 of the act are reenacted
    10  and amended to read:
    11     Section 516.  Compromise Penalty In Lieu of Suspension.--In
    12  those cases where the [board] administrative law judge shall
    13  suspend a license, the [board] administrative law judge may
    14  accept from the licensee an offer in compromise as a penalty in
    15  lieu of such suspension and shall thereupon rescind its order of
    16  suspension. In the case of a distillery licensee, the offer in
    17  compromise shall be at the rate of one hundred dollars ($100)
    18  for each day of suspension; in the case of a bonded warehouse,
    19  bailee for hire and transporter for hire licensees, twenty-five
    20  dollars ($25) for each day; and in the case of a winery
    21  licensee, fifty dollars ($50) for each day. No offer in
    22  compromise may be accepted [by the board] in those cases where
    23  the suspension is for a period in excess of one hundred (100)
    24  days.
    25     Section 517.  Expiration of Licenses; Renewals.--All licenses
    26  issued under this article shall expire at the close of the
    27  calendar year, but new licenses for the succeeding year shall be
    28  issued upon written application therefor, duly verified by
    29  affidavit, stating that the facts in the original application
    30  are unchanged, and upon payment of the fee as hereinafter
    19870H1000B1366                 - 207 -

     1  provided and the furnishing of a new bond, without the filing of
     2  further statements or the furnishing of any further information
     3  unless specifically requested by the [board] commission:
     4  Provided, however, That any such license issued to a corporation
     5  shall expire thirty (30) days after any change in the officers
     6  of such corporation, unless the name and address of each such
     7  new officer of such corporation shall, within that period, be
     8  reported to the [board] commission by certificate, duly
     9  verified. Applications for renewals must be made not less than
    10  thirty (30) nor more than sixty (60) days before the first day
    11  of January of the ensuing year. All applications for renewal
    12  received otherwise shall be treated as original applications.
    13     Section 104.  Section 518 of the act is reenacted to read:
    14     Section 518.  Unlawful Acts.--(a)  It shall be unlawful for
    15  any person to transport any illegal alcohol, liquor or malt or
    16  brewed beverages.
    17     (b)  Whenever any person withdraws or removes any alcohol or
    18  liquor which has not been denatured from any distillery,
    19  denaturing plant, winery or bonded warehouse for the purpose of
    20  denaturing the same, it shall be unlawful for any such person to
    21  use, sell or conceal, or attempt to use, sell or conceal, or be
    22  concerned in the sale, use or concealment of, any such alcohol
    23  or liquor, unless before such sale or use the said alcohol or
    24  liquor shall be denatured by adding thereto denaturing material
    25  or materials or admixtures thereof which render it unfit for
    26  beverage purposes.
    27     (c)  It shall be unlawful for any person to recover and reuse
    28  or attempt to recover and reuse, by redistillation or by any
    29  other process or means whatsoever, any alcohol or liquor from
    30  denatured alcohol or from any other liquor from denatured
    19870H1000B1366                 - 208 -

     1  alcohol or from any other liquid, or to knowingly use, sell,
     2  conceal, or otherwise dispose of, alcohol or liquor so recovered
     3  or redistilled.
     4     Section 105.  Section 519 of the act is reenacted and amended
     5  to read:
     6     Section 519.  Penalties.--Any person or persons who knowingly
     7  violate any of the provisions of this article, or any person who
     8  shall violate any of the conditions of any license issued under
     9  the provisions of this article, or who shall falsify any record
    10  or report required by this article to be kept, or who shall
    11  violate any rule or regulation of the [board] commission, or who
    12  shall interfere with, hinder or obstruct any inspection
    13  authorized by this article, or prevent any member of the [board]
    14  commission or the enforcement bureau or any person duly
    15  authorized and designated by the [board] commission or the
    16  bureau from entering any place which such member of the [board]
    17  commission or the bureau or such person is authorized by this
    18  article to enter for the purpose of making an inspection, or who
    19  shall violate any other provision of this article, shall be
    20  guilty of a misdemeanor and, upon conviction thereof, shall be
    21  sentenced to pay a fine of not less than one hundred dollars
    22  ($100), nor more than five thousand dollars ($5000), or undergo
    23  imprisonment of not more than three (3) years, or both, at the
    24  discretion of the court.
    25     Section 106.  The headings of Article VI and Subdivision (A)
    26  of Article VI of the act are reenacted to read:
    27                            ARTICLE VI.
    28         PROPERTY ILLEGALLY POSSESSED OR USED; FORFEITURES;
    29                             NUISANCES.
    30                         (A)  Forfeitures.
    19870H1000B1366                 - 209 -

     1     Section 107.  Sections 601, 602 and 603 of the act, amended
     2  April 20, 1956 (1955 P.L.1508, No.499), are reenacted and
     3  amended to read:
     4     Section 601.  Forfeiture of Property Illegally Possessed or
     5  Used.--No property rights shall exist in any liquor, alcohol or
     6  malt or brewed beverage illegally manufactured or possessed, or
     7  in any still, equipment, material, utensil, vehicle, boat,
     8  vessel, animals or aircraft used in the illegal manufacture or
     9  illegal transportation of liquor, alcohol or malt or brewed
    10  beverages, and the same shall be deemed contraband and
    11  proceedings for its forfeiture to the Commonwealth may[, at the
    12  discretion of the board,] be instituted in the manner
    13  hereinafter provided. No such property when in the custody of
    14  the law shall be seized or taken therefrom on any writ of
    15  replevin or like process.
    16     Section 602.  Forfeiture Proceedings.--(a)  The proceedings
    17  for the forfeiture or condemnation of all property shall be in
    18  rem, in which the Commonwealth shall be the plaintiff and the
    19  property the defendant. A petition shall be filed in the court
    20  of [quarter sessions] common pleas, verified by oath or
    21  affirmation of any officer or citizen, containing the following:
    22  (1) a description of the property so seized; (2) a statement of
    23  the time and place where seized; (3) the owner, if known; (4)
    24  the person or persons in possession, if known; (5) an allegation
    25  that the same had been possessed or used or was intended for use
    26  in violation of this act; (6) and, a prayer for an order of
    27  forfeiture that the same be adjudged forfeited to the
    28  Commonwealth, unless cause be shown to the contrary.
    29     (b)  A copy of said petition shall be served personally on
    30  said owner if he can be found within the jurisdiction of the
    19870H1000B1366                 - 210 -

     1  court, or upon the person or persons in possession at the time
     2  of the seizure thereof. Said copy shall have endorsed thereon a
     3  notice as follows:
     4     "To the Claimant of Within Described Property: You are
     5  required to file an answer to this petition, setting forth your
     6  title in and right to possession of said property, within
     7  fifteen (15) days from the service hereof; and you are also
     8  notified that if you fail to file said answer, a decree of
     9  forfeiture and condemnation will be entered against said
    10  property."
    11     Said notice shall be signed by petitioner or his attorney, or
    12  the district attorney or the Attorney General.
    13     (c)  If the owner of said property is unknown or outside the
    14  jurisdiction of the court and there was no person in possession
    15  of said property when seized, or such person so in possession
    16  cannot be found within the jurisdiction of the court, notice of
    17  said petition shall be given by an advertisement in only one
    18  newspaper of general circulation published in the county where
    19  such property shall have been seized, once a week for two (2)
    20  successive weeks. No other advertisement of any sort shall be
    21  necessary, any other law to the contrary notwithstanding. Said
    22  notice shall contain a statement of the seizure of said
    23  property, with a description thereof, the place and date of
    24  seizure, and shall direct any claimants thereof to file a claim
    25  therefor on or before a date given in said notice, which date
    26  shall not be less than ten (10) days from the date of the last
    27  publication.
    28     (d)  Upon the filing of any claim for said property, setting
    29  forth a right of possession thereof, the case shall be deemed at
    30  issue and a time be fixed for the hearing thereof.
    19870H1000B1366                 - 211 -

     1     (e)  At the time of said hearing, if the Commonwealth shall
     2  produce evidence that the property in question was unlawfully
     3  possessed or used, the burden shall be upon the claimant to show
     4  (1) that he is the owner of said property, (2) that he lawfully
     5  acquired the same, and (3) that it was not unlawfully used or
     6  possessed.
     7     In the event such claimant shall prove by competent evidence
     8  to the satisfaction of the court that said liquor, alcohol or
     9  malt or brewed beverage, or still, equipment, material, utensil,
    10  vehicle, boat, vessel, container, animal or aircraft was
    11  lawfully acquired, possessed and used, then the court may order
    12  the same returned or delivered to the claimant; but if it
    13  appears that said liquor, alcohol or malt or brewed beverage or
    14  still, equipment, material or utensil was unlawfully possessed
    15  or used, the court shall order the same destroyed, delivered to
    16  a hospital, or turned over to the [board] commission or
    17  enforcement bureau, as hereinafter provided, or if it appears
    18  that said vehicle, boat, vessel, container, animal or aircraft
    19  was unlawfully possessed or used, the court may, in its
    20  discretion, adjudge same forfeited and condemned as hereinafter
    21  provided.
    22     Section 603.  Disposition of Forfeited Property.--If, upon
    23  petition as hereinbefore provided and hearing before the court
    24  of [quarter sessions] common pleas, it appears that any liquor,
    25  alcohol, or malt or brewed beverage or still, equipment,
    26  material or utensil was so illegally possessed, or used, such
    27  liquor, alcohol or malt or brewed beverage or still, equipment,
    28  material or utensil shall be adjudged forfeited and condemned,
    29  or if it appears that any vehicle, boat, vessel, container,
    30  animal or aircraft was so used in the illegal manufacture or
    19870H1000B1366                 - 212 -

     1  transportation of liquor, alcohol or malt or brewed beverage,
     2  such property may, in the discretion of the court, be adjudged
     3  forfeited and condemned and in such case shall be disposed of as
     4  follows:
     5     (a)  Upon conviction of any person of a violation of any of
     6  the provisions of this act, the court shall order the sheriff to
     7  destroy all condemned liquor, alcohol or malt or brewed beverage
     8  and property seized or obtained from such defendants, except
     9  that the court may order the liquor, alcohol or malt or brewed
    10  beverages, or any part thereof, to be delivered to a hospital
    11  for its use, and make return to the court of compliance with
    12  said order, and any vehicle, container, boat, vessel, animals or
    13  aircraft seized under the provisions of this act shall be
    14  disposed of as hereinafter provided.
    15     (b)  In any case in which the defendant is acquitted of a
    16  violation of this act and denies the ownership or possession
    17  thereof, or no claimant appears for same, or appearing, is
    18  unable to sustain claim thereof, the court shall order all
    19  condemned liquor, alcohol and malt or brewed beverages and
    20  property (except vehicles, boats, vessels, containers, animals
    21  and aircraft) publicly destroyed by the sheriff, except that the
    22  court may order the liquor, alcohol or malt or brewed beverages,
    23  or any part thereof, to be delivered to a hospital for its use.
    24  Return of compliance with said order shall be made by the
    25  sheriff to the court.
    26     (c)  In the case of any vehicle, boat, vessel, container,
    27  animal or aircraft seized under the provisions of this act and
    28  condemned, the court shall order the same to be delivered to the
    29  [board] enforcement bureau for its use or for sale or
    30  disposition by the [board] bureau, in its discretion. Notice of
    19870H1000B1366                 - 213 -

     1  such sale shall be given in such manner as the [board] bureau
     2  may prescribe. The proceeds of such sale shall be paid into The
     3  State Stores Fund.
     4     Section 108.  Section 604 of the act is reenacted and amended
     5  to read:
     6     Section 604.  Motor Vehicle Licenses To Be Revoked.--In
     7  addition to the foregoing provisions, the court may, in its
     8  order of condemnation, and in every conviction under this act
     9  where it shall appear that liquor, alcohol or malt or brewed
    10  beverages were unlawfully transported in a motor vehicle,
    11  declare that the license issued by the Department of [Revenue]
    12  Transportation for any motor vehicle so forfeited and condemned,
    13  or issued to any defendant convicted of transporting liquor,
    14  alcohol or malt or brewed beverages in any motor vehicle, shall
    15  be forfeited and revoked, and it shall be the duty of the clerk
    16  of the court in which such conviction is had and order of
    17  condemnation made to certify such conviction to the Secretary of
    18  [Revenue] Transportation, who shall suspend or revoke the
    19  license issued for such motor vehicles: Provided, That a license
    20  may be issued for such motor vehicle to the [board] commission
    21  or the enforcement bureau to any purchaser of the vehicle after
    22  the sale thereof, as above provided.
    23     Section 109.  Section 605 of the act is reenacted to read:
    24     Section 605.  Application of Subdivision.--The provisions of
    25  this subdivision shall apply to the disposition of any liquor,
    26  alcohol or malt or brewed beverage or property in the custody of
    27  the law or of any officer at the time of the passage of this
    28  act.
    29     Section 110.  The heading of Subdivision (B) of Article VI of
    30  the act is reenacted to read:
    19870H1000B1366                 - 214 -

     1                          (B)  Nuisances.
     2     Section 111.  Section 611 of the act is reenacted and amended
     3  to read:
     4     Section 611.  Nuisances; Actions To Enjoin.--(a)  Any room,
     5  house, building, boat, vehicle, structure or place, except a
     6  private home, where liquor, alcohol or malt or brewed beverages
     7  are manufactured, possessed, sold, transported, offered for
     8  sale, bartered or furnished, or stored in bond, or stored for
     9  hire, in violation of this act, and all such liquids, beverages
    10  and property kept or used in maintaining the same, are hereby
    11  declared to be common nuisances, and any person who maintains
    12  such a common nuisance shall be guilty of a misdemeanor and,
    13  upon conviction thereof, shall be subject to the same penalties
    14  provided in section four hundred ninety four of this act.
    15     (b)  An action to enjoin any nuisance defined in this act may
    16  be brought in the name of the Commonwealth of Pennsylvania by
    17  the Attorney General [or], by the district attorney of the
    18  proper county or by a person who resides or has a place of
    19  business within five hundred feet of the location of the alleged
    20  nuisance. Such action shall be brought and tried as an action in
    21  equity and may be brought in any court having jurisdiction to
    22  hear and determine equity cases within the county in which the
    23  offense occurs. If it is made to appear, by affidavit or
    24  otherwise, to the satisfaction of the court that such nuisance
    25  exists, a temporary writ of injunction shall forthwith issue,
    26  restraining the defendant from conducting or permitting the
    27  continuance of such nuisance until the conclusion of the
    28  proceedings. If a temporary injunction is prayed for, the court
    29  may issue an order restraining the defendant and all other
    30  persons from removing or in any way interfering with the
    19870H1000B1366                 - 215 -

     1  liquids, beverages or other things used in connection with the
     2  violation of this act constituting such nuisance. No bond shall
     3  be required in instituting such proceedings brought in the name
     4  of the Commonwealth by the Attorney General or the district
     5  attorney. Where such proceedings are brought by a person, the
     6  court, upon application of the defendant and prior to any
     7  injunction being issued, may direct the plaintiff to post bond
     8  in such amount as the court may find to be reasonable and
     9  sufficient. It shall not be necessary for the court to find the
    10  property involved was being unlawfully used, as aforesaid, at
    11  the time of the hearing, but on finding that the material
    12  allegations of the petition are true, the court shall order that
    13  no liquor, alcohol or malt or brewed beverage shall be
    14  manufactured, sold, offered for sale, transported, bartered or
    15  furnished, or stored in bond, or stored for hire in such room,
    16  house, building, structure, boat, vehicle, or place, or any part
    17  thereof.
    18     (c)  Upon the decree of the court ordering such nuisance to
    19  be abated, the court may, upon proper cause shown, order that
    20  the room, house, building, structure, boat, vehicle or place
    21  shall not be occupied or used for one year thereafter, but the
    22  court may, in its discretion, permit it to be occupied or used
    23  if the owner, lessee, tenant or occupant thereof shall give bond
    24  with sufficient surety to be approved by the court making the
    25  order in the penal and liquidated sum of not less than five
    26  hundred dollars ($500.00), payable to the Commonwealth of
    27  Pennsylvania, for use of the county in which said proceedings
    28  are instituted, and conditioned that neither liquor, alcohol,
    29  nor malt or brewed beverages will thereafter be manufactured,
    30  sold, transported, offered for sale, bartered or furnished, or
    19870H1000B1366                 - 216 -

     1  stored in bond, or stored for hire therein or thereon in
     2  violation of this act, and that he will pay all fines, costs and
     3  damages that may be assessed for any violation of this act upon
     4  said property.
     5     Section 112.  The headings of Article VII and Subdivision (A)
     6  of Article VII of the act are reenacted to read:
     7                            ARTICLE VII.
     8               DEALING IN DISTILLERY BONDED WAREHOUSE
     9                           CERTIFICATES.
    10                    (A)  Preliminary Provisions.
    11     Section 113.  Section 701 of the act is reenacted and amended
    12  to read:
    13     Section 701.  Definitions and Interpretation.--(a)  When used
    14  in this article, the following words or phrases, unless the
    15  context clearly indicates otherwise, shall have the meanings
    16  ascribed to them in this section.
    17     "Agent" shall mean and include every person employed by a
    18  distillery certificate broker to sell, offer for sale or
    19  delivery, to purchase, exchange, or to enter into agreements for
    20  the purchase, sale or exchange, or to solicit subscriptions to,
    21  or orders for, or to undertake to dispose of, or to deal in any
    22  manner in, distillery bonded warehouse certificates.
    23     "Fraud," "fraudulent" and "fraudulent practice" shall include
    24  any misrepresentation in any manner of a relevant fact not made
    25  honestly and in good faith; any promise or representation or
    26  prediction as to the future not made honestly and in good faith,
    27  or an intentional failure to disclose a material fact; the
    28  gaining, directly or indirectly, through the purchase, sale or
    29  exchange of distillery bonded warehouse certificates, of any
    30  promotion fee or profit, selling or managing commission or
    19870H1000B1366                 - 217 -

     1  profit, so gross and exorbitant as to be unconscionable and
     2  fraudulent; and any scheme, device, artifice or investment plan
     3  to obtain such an unconscionable profit: Provided, however, that
     4  nothing herein shall limit or diminish the full meaning of the
     5  terms "fraud" and "fraudulent" as applied or accepted in courts
     6  of law or equity.
     7     (b)  Nothing contained in this article shall be construed as
     8  permitting the holder or owner of a distillery bonded warehouse
     9  certificate, as defined in this act, to secure possession of the
    10  whiskey or other potable distilled spirits named or designated
    11  in such certificate, except in accordance with the provisions of
    12  this act and the laws of this Commonwealth hereafter enacted
    13  relating to alcohol or alcoholic beverages and the regulations
    14  of the [board] commission adopted and promulgated thereunder.
    15     Section 114.  The heading of Subdivision (B) of Article VII
    16  of the act is reenacted to read:
    17                           (B)  Permits.
    18     Section 115.  Section 702 of the act is reenacted to read:
    19     Section 702.  Unlawful to Act as a Distillery Certificate
    20  Broker or to Buy or Sell Distillery Bonded Warehouse Certificate
    21  Without a Permit.--It shall be unlawful for any person, except
    22  as hereinafter exempted, directly or through an agent, to sell,
    23  purchase, exchange, offer for sale, deliver, enter into
    24  agreements for the purchase, sale, exchange, solicit
    25  subscriptions to, orders for, undertake to dispose of, deal in
    26  any manner in, distillery bonded warehouse certificates, without
    27  first having obtained a permit to act as a distillery
    28  certificate broker as provided in this article.
    29     Section 116.  Section 703 of the act is reenacted and amended
    30  to read:
    19870H1000B1366                 - 218 -

     1     Section 703.  Authority to Issue Permits to Distillery
     2  Certificate Brokers.--Subject to the provisions of this article
     3  and regulations promulgated under this act, the [board]
     4  commission shall have authority to issue to any reputable
     5  financially responsible person whose plan of business in dealing
     6  in distillery bonded warehouse certificates is not deemed by the
     7  [board] commission to constitute "fraudulent practice," as
     8  defined herein, a permit to act as distillery certificate
     9  broker.
    10     Section 117.  Section 704 of the act, amended September 28,
    11  1961 (P.L.1728, No.702), is reenacted and amended to read:
    12     Section 704.  Application for Permit; Filing Fee.--Every
    13  applicant for a distillery certificate broker permit shall file
    14  a written application with the [board] commission outlining his
    15  plan of business in dealing in distillery bonded warehouse
    16  certificates, in such form and containing such other information
    17  as the [board] commission shall from time to time prescribe,
    18  which shall be accompanied by a filing fee of twenty dollars
    19  ($20) and the prescribed permit fee. If the applicant is a
    20  natural person, his application must show that he is a citizen
    21  of the United States, and if a corporation, the application must
    22  show that the corporation was created under the laws of
    23  Pennsylvania or holds a certificate of authority to transact
    24  business in Pennsylvania. The application shall be signed and
    25  verified by oath or affirmation of the applicant, if a natural
    26  person, or in the case of an association, by a member or partner
    27  thereof, or in the case of a corporation, by an executive
    28  officer thereof or any person specifically authorized by the
    29  corporation to sign the application, to which shall be attached
    30  written evidence of his authority. If the applicant is an
    19870H1000B1366                 - 219 -

     1  association, the application shall set forth the names and
     2  addresses of the persons constituting the association, and if a
     3  corporation, the names and addresses of all the officers
     4  thereof. All applications must be verified by affidavit of
     5  applicant and if any false statement is intentionally made in
     6  any part of the application, the signer shall be guilty of a
     7  misdemeanor and upon indictment and conviction, shall be subject
     8  to penalties provided by this article.
     9     Section 118.  Section 705 of the act is reenacted and amended
    10  to read:
    11     Section 705.  Issuance of Permits.--Upon receipt of the
    12  application and proper fees and upon being satisfied of the
    13  truth of the statements in the application, and being also
    14  satisfied that the applicant's plan of business in dealing in
    15  distillery bonded warehouse certificates does not constitute
    16  "fraudulent practice," as defined in this article, and that the
    17  applicant is a person of good repute and financially
    18  responsible, the [board] commission may issue to such applicant
    19  a permit authorizing the permittee to sell, purchase, exchange,
    20  pledge and deal in distillery bonded warehouse certificates.
    21     Section 119.  Section 706 of the act is reenacted to read:
    22     Section 706.  Office or Place of Business to be Maintained.--
    23  Every applicant for a distillery certificate broker permit under
    24  this article and every person to whom such a permit is issued
    25  shall maintain an office or place of business within the
    26  Commonwealth.
    27     Section 120.  Sections 707, 708 and 709 of the act are
    28  reenacted and amended to read:
    29     Section 707.  Permit Fee; Permits Not Assignable or
    30  Transferable; Display of Permit; Term of Permit.--Every
    19870H1000B1366                 - 220 -

     1  applicant for distillery certificate broker permit shall, before
     2  receiving such permit, pay to the [board] commission an annual
     3  permit fee of one hundred dollars ($100). Permits issued under
     4  this act may not be assigned or transferred and shall be
     5  conspicuously displayed at the place of business of the
     6  permittee. All permits shall be valid only during the year for
     7  which issued and shall automatically expire on the thirty-first
     8  day of December of each calendar year unless suspended, revoked
     9  or cancelled prior thereto.
    10     Section 708.  Records to be Kept.--Every person holding a
    11  permit issued under this act shall keep daily permanent records
    12  containing a complete record of all transactions in distillery
    13  bonded warehouse certificates within this Commonwealth, in such
    14  form and manner as the [board] commission may from time to time
    15  prescribe. Such records shall be available for examination by
    16  the [board's] commission's officers at the broker's principal
    17  place of business or office in Pennsylvania.
    18     Section 709.  Renewal of Permits.--Upon the filing of an
    19  application and the payment of the prescribed filing fee and
    20  permit fee in the same amount as herein required on original
    21  applications for permits, the [board] commission may renew the
    22  permit for the calendar year beginning January first, provided
    23  such application for renewal is filed and fee paid on or before
    24  December fifteenth of the preceding year, unless the [board]
    25  commission shall have given previous notice of objections to the
    26  renewal of the permit, based upon violation of this article or
    27  the [board's] commission's regulations promulgated thereunder,
    28  or unless the applicant has by his own act become a person of
    29  ill repute or ceases to be financially responsible.
    30     Section 121.  Section 710 of the act, amended June 3, 1971
    19870H1000B1366                 - 221 -

     1  (P.L.118, No.6) and April 28, 1978 (P.L.202, No.53), is
     2  reenacted and amended to read:
     3     Section 710.  Permit Hearings; Appeals From Refusal of the
     4  [Board] Commission to Issue or Renew Permits.--The [board]
     5  commission may of its own motion, and shall upon written request
     6  of any applicant for distillery certificate broker permit or for
     7  renewal thereof whose application for such permit or renewal has
     8  been refused, fix a time and place for hearings of such
     9  application for permit or for renewal thereof, notice of which
    10  hearing shall be sent by registered mail to the applicant at the
    11  address given in his application. Such hearing shall be before
    12  the [board] commission or a member thereof. At such hearing, the
    13  [board] commission shall present its reasons for its refusal or
    14  withholding a permit or renewal thereof. The applicant may
    15  appear in person or by counsel, cross-examine the witnesses of
    16  the [board] commission, and may present evidence which shall be
    17  subject to cross-examination by the [board] commission. Such
    18  hearings shall be stenographically recorded. The [board]
    19  commission shall thereupon grant or refuse the permit or renewal
    20  thereof. If the [board] commission shall refuse such permit or
    21  renewal following such hearing, notice in writing of such
    22  refusal shall be sent by registered mail to the applicant at the
    23  address given in his application. In all such cases, the [board]
    24  commission shall file of record at least a brief statement in
    25  the form of an opinion of the reasons for the ruling or order
    26  and furnish a copy thereof to the applicant.
    27     Section 122.  Section 712 of the act, amended April 28, 1978
    28  (P.L.202, No.53), is reenacted and amended to read:
    29     Section 712.  Revocation and Suspension of Permit.--Upon
    30  learning of any violation of this act or regulations of the
    19870H1000B1366                 - 222 -

     1  [board] commission promulgated thereunder, or any violation of
     2  any laws of this Commonwealth or of the United States of America
     3  by the permittee, his officers, servants, agents or employes, or
     4  upon any other sufficient cause shown, the [board] commission
     5  may cite such permittee to appear before it or a member thereof
     6  not less than ten or more than fifteen days from the date of
     7  sending such permittee, by registered mail, a notice addressed
     8  to him at the address set forth in the application for permit,
     9  to show cause why such permit should not be suspended or
    10  revoked. When such notice is duly addressed and deposited in the
    11  post office, it shall be deemed due and sufficient notice.
    12  Hearings on such citations shall be held in the same manner as
    13  provided herein for hearing on application for permit. Upon such
    14  hearing, if satisfied that any such violation has occurred, or
    15  for other sufficient cause, the [board] commission shall
    16  immediately suspend or revoke the permit, notifying the
    17  permittee thereof by registered letter addressed to the address
    18  set forth in the application for permit. Any permittee whose
    19  permit is revoked shall be ineligible to have a permit under
    20  this act until the expiration of three years from the date such
    21  permit was revoked. In all such cases, the [board] commission
    22  shall file of record at least a brief statement in the form of
    23  an opinion of the reasons for the ruling or order.
    24     Section 123.  The heading of Subdivision (C) of Article VII
    25  of the act is reenacted to read:
    26                (C)  Permittees' Registered Agents.
    27     Section 124.  Section 721 of the act is reenacted to read:
    28     Section 721.  Unlawful to Act as Agent or to Employ Agents
    29  Without Registration.--It shall be unlawful for a distillery
    30  certificate broker to employ any person to act as agent, or for
    19870H1000B1366                 - 223 -

     1  any person to act as agent for any distillery certificate
     2  broker, in purchasing, exchanging, offering for sale,
     3  delivering, entering into agreements for the purchase, sale,
     4  exchange, soliciting subscriptions to, orders for, undertaking
     5  to dispose of, dealing in any manner in, distillery bonded
     6  warehouse certificates, without such person first having been
     7  registered as an agent as provided in this article.
     8     Section 125.  Section 722 of the act is reenacted and amended
     9  to read:
    10     Section 722.  Registered Agents.--Every person holding a
    11  distillery certificate broker permit under this article who
    12  desires to employ an agent or agents in the operation of his
    13  business under the permit shall make application to the [board]
    14  commission for registration of such agent or agents. Every such
    15  permittee's application shall set forth the name of the
    16  permittee and the address of his main office or principal place
    17  of business in Pennsylvania, and the full address where complete
    18  records are maintained covering the permittee's operations in
    19  Pennsylvania. With each such permittee's application there shall
    20  be filed an agent's application for each agent to be registered.
    21  Permittees' applications for agents and agents' applications
    22  shall contain such information as the [board] commission shall
    23  from time to time require, and shall be signed and verified by
    24  oath or affirmation of the agent. Each application shall be
    25  accompanied by two unmounted photographs of the agent.
    26     Section 126.  Section 723 of the act is reenacted to read:
    27     Section 723.  Registration Fee.--Every application for the
    28  registration of agents filed by a permittee shall be accompanied
    29  by a registration fee in the amount of ten dollars ($10) for
    30  each agent to be registered, which shall cover the agent's
    19870H1000B1366                 - 224 -

     1  registration from date of approval until December thirty-first
     2  of the year in which approved. Registrations may be renewed for
     3  a period of one calendar year upon the filing of a new
     4  application and payment of the same registration fee as herein
     5  provided for original registration, together with agent's new
     6  application and photographs of each agent. Applications for
     7  renewal of registration shall be filed not later than December
     8  fifteenth of each year.
     9     Section 127.  Section 724 of the act is reenacted and amended
    10  to read:
    11     Section 724.  Registration and Issuance of Identification
    12  Card.--Upon receipt of the application, the proper fees, and
    13  upon being satisfied of the truth of the statements in the
    14  application and that the applicant is a person of good
    15  reputation and the applicant seeks a registration as defined in
    16  this act, the [board] commission may register such agent and
    17  issue to him an identification card.
    18     Section 128.  Sections 725 and 726 of the act, amended April
    19  28, 1978 (P.L.202, No.53), are reenacted and amended to read:
    20     Section 725.  Hearings Upon Refusal of the [Board]
    21  Commission; Appeals.--In the event that the [board] commission
    22  shall refuse to issue or to renew an agent's registration, a
    23  hearing shall be had.
    24     Section 726.  Revocation and Suspension of Agents'
    25  Registrations.--Upon learning of any violation of this act or
    26  regulation of the [board] commission promulgated thereunder, or
    27  any violation of any laws of this Commonwealth or of the United
    28  States of America by a registered agent, the [board] commission
    29  may revoke or suspend the agent's registration in the same
    30  manner as provided herein for the revocation and suspension of
    19870H1000B1366                 - 225 -

     1  distillery certificate broker permits.
     2     Section 129.  Section 727 of the act is reenacted and amended
     3  to read:
     4     Section 727.  Identification Cards.--(a)  Upon approval by
     5  the [board] commission of the application for registration of an
     6  agent, there shall be issued to such registered agent an
     7  identification card containing the name and address of the
     8  distillery certificate broker, the name, address and physical
     9  description of the agent. There shall also be affixed to the
    10  identification card a photograph of the agent, and no
    11  identification card shall be valid until signed by both the
    12  distillery certificate broker and the agent and counter-signed
    13  by a representative of the [board] commission.
    14     (b)  Before any agent's registration can be changed from one
    15  distillery certificate broker to another, the identification
    16  card of such agent shall either be returned to the [board]
    17  commission by the broker under whom he is registered, or such
    18  broker shall file with the [board] commission a notice in
    19  writing that he has knowledge of and consents to the employment
    20  of such agent by the other broker.
    21     (c)  When the employment of any agent is terminated, the
    22  broker shall immediately notify the [board] commission and the
    23  identification card issued to the agent shall be surrendered to
    24  the [board] commission.
    25     Section 130.  The heading of Subdivision (D) of Article VII
    26  of the act is reenacted to read:
    27                          (D)  Exemptions.
    28     Section 131.  Sections 731, 732 and 733 of the act are
    29  reenacted to read:
    30     Section 731.  Bank and Trust Companies and Other Persons.--
    19870H1000B1366                 - 226 -

     1  Bank and trust companies and other persons duly authorized
     2  within this Commonwealth to engage in the business of lending
     3  money to licensed distillers, rectifiers, importers and
     4  distillery certificate brokers may, without a permit required
     5  under the provisions of this act, accept distillery bonded
     6  warehouse certificates as security or collateral for any loan
     7  made in the regular conduct of their business, and such banks
     8  and trust companies and other persons may liquidate such
     9  security or collateral by sale only to licensed distillers,
    10  rectifiers, importers or distillery certificate brokers.
    11     Section 732.  Distillers, Rectifiers and Importers.--Duly
    12  licensed distillers, rectifiers and importers may, without a
    13  permit required under the provisions of this article, deal in
    14  distillery bonded warehouse certificates, but only with other
    15  duly licensed distillers, rectifiers, importers and with
    16  distillery certificate brokers.
    17     Section 733.  Certificates Owned Since July 24, 1939.--
    18  Persons other than licensed distillers, rectifiers, importers
    19  and distillery certificate brokers, holding distillery bonded
    20  warehouse certificates on and since the twenty-fourth day of
    21  July, one thousand nine hundred thirty-nine, may dispose of same
    22  without a permit required under the provisions of this act, but
    23  only to or through a distillery certificate broker holding a
    24  permit from the board.
    25     Section 132.  The heading of Subdivision (E) of Article VII
    26  of the act is reenacted to read:
    27                (E)  Administration and Enforcement.
    28     Section 133.  Section 741 of the act is reenacted and amended
    29  to read:
    30     Section 741.  Duties of the [Board] Commission.--It shall be
    19870H1000B1366                 - 227 -

     1  the duty of the [board] commission to see that the provisions of
     2  this article are at all times properly administered and obeyed,
     3  and to take such measures and make such investigations as will
     4  detect the violations of any provisions thereof. In the event it
     5  shall discover any violation, it shall, in addition to revoking
     6  any permit or registration of an agent, take such measures as
     7  may be necessary to cause the apprehension and prosecution of
     8  all persons deemed guilty thereof.
     9     Section 134.  The heading of Subdivision (F) of Article VII
    10  of the act is reenacted to read:
    11                     (F)  Fines and Penalties.
    12     Section 135.  Section 751 of the act is reenacted to read:
    13     Section 751.  Penalties.--Any person who shall violate any of
    14  the provisions of this article, or who shall engage in any fraud
    15  or fraudulent practice, as defined herein, shall be guilty of a
    16  misdemeanor and, upon conviction thereof, shall be sentenced to
    17  pay the costs of prosecution and a fine of not less than one
    18  thousand dollars ($1000), nor more than five thousand dollars
    19  ($5000), or undergo imprisonment of not less than one year, nor
    20  more than five years, or both, at the discretion of the court.
    21     Section 136.  The heading of Article VIII of the act is
    22  reenacted to read:
    23                           ARTICLE VIII.
    24               DISPOSITION OF MONEYS COLLECTED UNDER
    25                         PROVISIONS OF ACT.
    26     Section 137.  Section 801 of the act is reenacted and amended
    27  to read:
    28     Section 801.  Moneys Paid Into Liquor License Fund and
    29  Returned to Municipalities.--(a)  The following fees collected
    30  by the [board] commission under the provisions of this act shall
    19870H1000B1366                 - 228 -

     1  be paid into the State Treasury through the Department of
     2  Revenue into a special fund to be known as the "Liquor License
     3  Fund":
     4     (1)  License fees for hotel, restaurant and club liquor
     5  licenses.
     6     (2)  License fees for retail dispensers' (malt and brewed
     7  beverages) licenses.
     8     (b)  The moneys in the Liquor License Fund shall, on the
     9  first days of February and August of each year, be paid by the
    10  [board] commission to the respective municipalities in which the
    11  respective licensed places are situated, in such amounts as
    12  represent the aggregate license fees collected from licenses in
    13  such municipalities during the preceding period. THESE MONEYS     <--
    14  SHALL BE USED EXCLUSIVELY FOR THE ENFORCEMENT OF THE LIQUOR LAWS
    15  OF THIS COMMONWEALTH.
    16     (c)  The [board] commission shall have the power to
    17  appropriate moneys in the Liquor License Fund for the payment of
    18  claims for refunds allowed and approved by the [board]
    19  commission for moneys paid into the Liquor License Fund because
    20  of the over-payment or overcharge on license fees. In the event
    21  that the moneys in the Liquor License Fund have been distributed
    22  to the respective municipalities, the [board] commission shall
    23  have the authority to deduct from the next semi-annual payment
    24  to the respective municipalities the amount of any over-payment
    25  previously refunded by the [board] commission to any person on
    26  account of an overcharge or over-payment on a license fee.
    27     Section 138.  Section 802 of the act, amended September 28,
    28  1961 (P.L.1728, No.702), is reenacted and amended to read:
    29     Section 802.  Moneys Paid Into The State Stores Fund for Use
    30  of the Commonwealth.--(a)  All moneys, except fees to be paid
    19870H1000B1366                 - 229 -

     1  into the Liquor License Fund as provided by the [preceding]
     2  section 801, collected, received or recovered under the
     3  provisions of this act for license fees, permit fees, filing
     4  fees and registration fees, from forfeitures, sales of forfeited
     5  property, compromise penalties and sales of liquor and alcohol
     6  at the Pennsylvania Liquor Stores, shall be paid into the State
     7  Treasury through the Department of Revenue into a special fund
     8  to be known as "The State Stores Fund."
     9     (b)  One-half of all application filing and transfer fees
    10  shall be credited to a special account designated as the
    11  Enforcement Officers' Retirement Account. The moneys credited to
    12  this account shall be paid, annually, by the [board] commission
    13  to the State Employes' Retirement Board to be paid into the
    14  State Employes' Retirement Fund and credited to the Enforcement
    15  Officers' Benefit Account.
    16     (c)  One per centum of annual profits from the sale of liquor
    17  and alcohol shall be annually transferred to the Department of
    18  Health for use by the Office of Drug and Alcohol Programs, or
    19  its successor in function, for the following purposes:
    20     (1)  Treatment and rehabilitation of persons addicted to the
    21  excessive use of alcoholic beverages.
    22     (2)  Promotion of education, prevention and early
    23  intervention programs designed to eliminate abuse and addiction
    24  to alcohol or other mood-altering substances or secure
    25  appropriate treatment for the already addicted.
    26     (3)  Study of the problem of addiction.
    27     (d)  All other moneys in such fund shall be available for the
    28  purposes for which they are appropriated by law.
    29     (e)  Annually, at the time the budget for the enforcement
    30  bureau is approved, an amount equal to the amount appropriated
    19870H1000B1366                 - 230 -

     1  from the General Fund for the enforcement bureau shall be
     2  transferred from the State Store Fund to the General Fund.
     3     Section 139.  Section 803 of the act is reenacted and amended
     4  to read:
     5     Section 803.  Alcohol Tax Moneys Paid Into General Fund.--All
     6  taxes collected or received by the [board] commission on sales
     7  of taxable alcohol under the provisions of this act shall be
     8  paid into the State Treasury through the Department of Revenue
     9  into the General Fund.
    10     Section 140.  The heading of Article IX of the act is
    11  reenacted to read:
    12                            ARTICLE IX.
    13                              REPEALS.
    14     Section 141.  Section 901 of the act is reenacted to read:
    15     Section 901.  Acts and Parts of Acts Repealed.--The following
    16  acts and parts of acts and all amendments thereof are hereby
    17  repealed to the extent hereinafter specified:
    18     Section five of the act, passed in one thousand seven hundred
    19  five (1 Sm. L. 25), entitled "An act to restrain people from
    20  labour on the first day of the week," absolutely.
    21     The act, passed in one thousand seven hundred five (1 Sm. L.
    22  43), entitled "An act for selling beer and ale by wine-measure,"
    23  absolutely.
    24     The act, passed the thirty-first day of May, one thousand
    25  seven hundred eighteen (1 Sm. L. 104), entitled "An act
    26  empowering the Justices to settle the prices of liquors in
    27  public houses, and provender for horses in public stables,"
    28  absolutely.
    29     The act, passed the twenty-sixth day of August, one thousand
    30  seven hundred twenty-one (1 Sm. L. 126), entitled "A
    19870H1000B1366                 - 231 -

     1  Supplementary act to a law of this province, entitled 'An act
     2  that no public house or inn, within this province, be kept
     3  without license,'" absolutely.
     4     Section twenty of the act, approved the thirtieth day of
     5  March, one thousand eight hundred eleven (Pamphlet Laws 145),
     6  entitled "An act to amend and consolidate the several acts
     7  relating to the settlement of the public accounts and the
     8  payment of the public monies, and for other purposes,"
     9  absolutely.
    10     The act, approved the fourteenth day of March, one thousand
    11  eight hundred fourteen (Pamphlet Laws 100), entitled "An act
    12  providing for the inspection of spirituous liquors," absolutely.
    13     Sections one, two, three and four of the act, approved the
    14  second day of April, one thousand eight hundred twenty-two
    15  (Pamphlet Laws 286), entitled "An act to prevent the disturbance
    16  of meetings held for the purpose of religious worship,"
    17  absolutely.
    18     The act, approved the eighth day of March, one thousand eight
    19  hundred fifteen (Pamphlet Laws 91), entitled "An act altering
    20  the mode of issuing tavern licenses," absolutely.
    21     The act, approved the thirteenth day of March, one thousand
    22  eight hundred fifteen (Pamphlet Laws 171), entitled "A
    23  supplement to the act, entitled 'An act providing for the
    24  inspection of spirituous liquors,' passed the fourteenth day of
    25  March, one thousand eight hundred and fourteen, and for the
    26  prevention of fraud in the purchase or sale of flour or
    27  whiskey," absolutely.
    28     The act, approved the twenty-seventh day of March, one
    29  thousand eight hundred twenty-one (Pamphlet Laws 133), entitled
    30  "An act to regulate inspections," absolutely.
    19870H1000B1366                 - 232 -

     1     The act, approved the second day of April, one thousand eight
     2  hundred twenty-one (Pamphlet Laws 244), entitled "An act laying
     3  a duty on the retailers of foreign merchandise," in so far as it
     4  relates to wine or distilled liquors.
     5     Section two of the act, approved the second day of April, one
     6  thousand eight hundred twenty-two (Pamphlet Laws 226), entitled
     7  "A further supplement to the act, entitled 'An act relative to
     8  habitual Drunkards,'" absolutely.
     9     The act, approved the sixteenth day of January, one thousand
    10  eight hundred twenty-three (Pamphlet Laws 10), entitled "A
    11  supplement to the act entitled, 'An act providing for the
    12  inspection of spirituous liquors,'" absolutely.
    13     Section one of the act, approved the twelfth day of April,
    14  one thousand eight hundred twenty-five (Pamphlet Laws 247),
    15  entitled "An act more effectually to secure the collection of
    16  the revenue from tavern licenses, and for other purposes,"
    17  absolutely.
    18     The act, approved the seventh day of April, one thousand
    19  eight hundred thirty (Pamphlet Laws 352), entitled "An act to
    20  regulate inns and taverns," absolutely.
    21     The act, approved the fifteenth day of February, one thousand
    22  eight hundred thirty-two (Pamphlet Laws 73), entitled "A
    23  supplement to an act entitled 'An act to regulate inns and
    24  taverns,' passed April seventh, eighteen hundred and thirty,"
    25  absolutely.
    26     Sections one, two, three, four, five, ten, eleven, twelve,
    27  thirteen, fourteen, fifteen, sixteen, seventeen, eighteen,
    28  nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-
    29  four, twenty-five, twenty-six and twenty-seven of the act,
    30  approved the eleventh day of March, one thousand eight hundred
    19870H1000B1366                 - 233 -

     1  thirty-four (Pamphlet Laws 117), entitled "An act relating to
     2  Inns, Taverns, and retailers of vinous and spirituous liquors,"
     3  absolutely.
     4     Sections one hundred twenty-three, one hundred twenty-four,
     5  one hundred twenty-five, one hundred twenty-six, one hundred
     6  twenty-seven, one hundred twenty-eight, one hundred twenty-nine,
     7  one hundred thirty, one hundred thirty-one, one hundred thirty-
     8  two, one hundred thirty-three, one hundred thirty-four, one
     9  hundred thirty-five, one hundred thirty-six, one hundred thirty-
    10  seven, one hundred thirty-eight, one hundred thirty-nine and one
    11  hundred forty of the act, approved the fifteenth day of April,
    12  one thousand eight hundred thirty-five (Pamphlet Laws 384),
    13  entitled "An act relating to Inspections," absolutely.
    14     Section sixty-six of the act, approved the thirteenth day of
    15  June, one thousand eight hundred thirty-six (Pamphlet Laws 589),
    16  entitled "An act relating to lunatics and habitual drunkards,"
    17  absolutely.
    18     Section twenty-two of the act, approved the twenty-seventh
    19  day of May, one thousand eight hundred forty (Pamphlet Laws
    20  548), entitled "An act to erect the town of South Easton, in the
    21  county of Northampton, into a borough, and for other purposes,"
    22  absolutely.
    23     The act, approved the twenty-ninth day of March, one thousand
    24  eight hundred forty-one (Pamphlet Laws 121), entitled "An act
    25  supplementary to the various Acts relating to Tavern Licenses,"
    26  absolutely.
    27     Section forty-four of the act, approved the twenty-fifth day
    28  of March, one thousand eight hundred forty-two (Pamphlet Laws
    29  192), entitled "An act to appoint Commissioners to Re-survey and
    30  mark that portion of the county line, which divides the township
    19870H1000B1366                 - 234 -

     1  of Bristol, in the county of Philadelphia, from the township of
     2  Cheltenham, in the county of Montgomery, and for other
     3  purposes," absolutely.
     4     Section four of the act, approved the twenty-first day of
     5  April, one thousand eight hundred forty-six (Pamphlet Laws 431),
     6  entitled "An act to authorize the voters of Mifflin county to
     7  decide the question of tavern license therein, and to prohibit
     8  the sale of intoxicating drinks within specified limits in
     9  certain counties," absolutely.
    10     Sections twenty, twenty-one, twenty-two, twenty-three,
    11  thirty-one, thirty-two and thirty-three of the act, approved the
    12  tenth day of April, one thousand eight hundred forty-nine
    13  (Pamphlet Laws 570), entitled "An act to create a sinking fund,
    14  and to provide for the gradual and certain extinguishment of the
    15  debt of the commonwealth," absolutely.
    16     The act, approved the sixteenth day of April, one thousand
    17  eight hundred forty-nine (Pamphlet Laws 657), entitled "An act
    18  to change the mode of granting tavern licenses in the city and
    19  county of Philadelphia," absolutely.
    20     Sections five, six and eight of the act, approved the
    21  thirtieth day of April, one thousand eight hundred fifty
    22  (Pamphlet Laws 634), entitled "An act regulating the hunting of
    23  deer in the county of Warren; and relative to hawkers and
    24  peddlers in the counties of Carbon, Butler and Union;
    25  authorizing the Philadelphia, Germantown and Norristown railroad
    26  company to become stockholders in the Chester Valley railroad
    27  company; relative to the sale of spirituous and vinous liquors
    28  in Washington county; and to the licensing of inn-keepers in
    29  this commonwealth; to the estate of John Claar, deceased;
    30  legitimating John Diffenbach, of Lancaster county; and
    19870H1000B1366                 - 235 -

     1  authorizing the sale of the real estate of Darius Grimes, of
     2  Fayette county, deceased," absolutely.
     3     Section eight of the act, approved the fourteenth day of
     4  April, one thousand eight hundred fifty-one (Pamphlet Laws 569),
     5  entitled "A further supplement to the act entitled 'An Act
     6  authorizing the Governor to incorporate the Bear Mountain
     7  Railroad Company,' and for other purposes, passed July
     8  thirteenth, one thousand eight hundred and forty-two, and
     9  relative to roads, streets, and alleys in the borough of
    10  Pottsville, in Schuylkill county, to hawkers and peddlers in
    11  Armstrong and Carbon counties, to the Bethany and Dingman's
    12  choice turnpike road, to the district of West Philadelphia, to
    13  the bottling of cider and malt liquors, licensing billiard rooms
    14  and bowling saloons, to the district of Moyamensing, and to
    15  authorize Charles B. Mench to sell certain real estate,"
    16  absolutely.
    17     Sections one, two, three, six, seven and eight of the act,
    18  approved the eighth day of May, one thousand eight hundred
    19  fifty-four (Pamphlet Laws 663), entitled "An act to protect
    20  certain domestic and private Rights, and prevent abuses in the
    21  Sale and Use of Intoxicating Drinks," absolutely.
    22     The act, approved the twenty-sixth day of January, one
    23  thousand eight hundred fifty-five (Pamphlet Laws 53), entitled
    24  "An act to prevent the Sale of Intoxicating Liquors on the First
    25  Day of the Week, commonly called Sunday," absolutely.
    26     Sections one, two, three, four, five, six, seven, eight,
    27  nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
    28  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two,
    29  twenty-three, twenty-four, twenty-five, thirty, thirty-two,
    30  thirty-three and thirty-four of the act, approved the thirty-
    19870H1000B1366                 - 236 -

     1  first day of March, one thousand eight hundred fifty-six
     2  (Pamphlet Laws 200), entitled "An act to Regulate the Sale of
     3  Intoxicating Liquors," absolutely.
     4     Sections one, two, three, four, five, six, seven, eight,
     5  nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
     6  seventeen, eighteen, nineteen, twenty, twenty-one, twenty-three
     7  and twenty-four of the act, approved the twentieth day of April,
     8  one thousand eight hundred fifty-eight (Pamphlet Laws 365),
     9  entitled "A supplement to an act to Regulate the Sale of
    10  Intoxicating Liquors, approved the thirty-first of March, Anno
    11  Domini one thousand eight hundred and fifty-six," absolutely.
    12     The act, approved the twenty-first day of April, one thousand
    13  eight hundred fifty-eight (Pamphlet Laws 393), entitled "A
    14  further supplement to an act relative to the Inspection of
    15  Liquors," absolutely.
    16     Section two of the act, approved the seventeenth day of
    17  March, one thousand eight hundred fifty-nine (Pamphlet Laws
    18  167), entitled "An act relating to Trustees of Farmers' High
    19  Schools of Pennsylvania," absolutely.
    20     The act, approved the fourteenth day of April, one thousand
    21  eight hundred fifty-nine (Pamphlet Laws 653), entitled "An act
    22  relating to the granting of Licenses to Hotel, Inn, or Tavern
    23  Keepers," absolutely.
    24     The act, approved the twenty-ninth day of March, one thousand
    25  eight hundred sixty (Pamphlet Laws 346), entitled "An act to
    26  prevent Recovery for the Sale of Adulterated Liquors,"
    27  absolutely.
    28     The act, approved the fifteenth day of April, one thousand
    29  eight hundred sixty-three (Pamphlet Laws 480), entitled "An act
    30  relating to the inspection of domestic distilled spirits,"
    19870H1000B1366                 - 237 -

     1  absolutely.
     2     The act, approved the twenty-second day of March, one
     3  thousand eight hundred sixty-seven (Pamphlet Laws 40), entitled
     4  "A further supplement to an act to regulate the granting of
     5  licenses to hotels and eating houses, approved March thirty-
     6  first, one thousand eight hundred and fifty-six," absolutely.
     7     The act, approved the twenty-ninth day of April, one thousand
     8  eight hundred sixty-seven (Pamphlet Laws 95), entitled "A
     9  supplement to an act, entitled 'An act to prevent the sale of
    10  intoxicating liquors on the first day of the week, commonly
    11  called Sunday,' approved February twenty-six, one thousand eight
    12  hundred and fifty-five," absolutely.
    13     Sections two and four of the act, approved the eighth day of
    14  April, one thousand eight hundred seventy-three (Pamphlet Laws
    15  566), entitled "An act to provide for the appointment of
    16  mercantile appraisers in the city of Philadelphia, defining the
    17  duties of the same, and constituting a board of appeal,"
    18  absolutely.
    19     Sections two, three, four, five, six, seven, eight, nine, ten
    20  eleven and twelve of the act, approved the twelfth day of April,
    21  one thousand eight hundred seventy-five (Pamphlet Laws 40),
    22  entitled "An act to repeal and act to permit the voters of this
    23  commonwealth to vote every three years on the question of
    24  granting licenses to sell intoxicating liquors, and to restrain
    25  and regulate the sale of the same," absolutely.
    26     Section one of the act, approved the twelfth day of April,
    27  one thousand eight hundred seventy-five (Pamphlet Laws 48),
    28  entitled "An act to prevent the sale of intoxicating liquors,
    29  and for the preservation of order at soldiers' encampments or
    30  re-unions," absolutely.
    19870H1000B1366                 - 238 -

     1     The act, approved the second day of June, one thousand eight
     2  hundred eighty-one (Pamphlet Laws 43), entitled "An act to
     3  prevent the use of poisonous or deleterious drugs or chemicals,
     4  or impure or injurious materials, or those prejudicial to the
     5  public health, in the brewing or manufacture of ale, beer or
     6  other malt liquors, or in the fermentation, distillation or
     7  manufacture of any vinous or spirituous liquors, and to provide
     8  for the punishment of any persons using the same," absolutely.
     9     The act, approved the ninth day of July, one thousand eight
    10  hundred eighty-one (Pamphlet Laws 162), entitled "An act to
    11  prohibit the granting of a license for the sale of liquors to
    12  proprietors, lessees, keepers or managers of theaters or other
    13  places of amusement," absolutely.
    14     Section four of the act, approved the twenty-eighth day of
    15  May, one thousand eight hundred eighty-five (Pamphlet Laws 27),
    16  entitled "An act supplementary to an act, entitled 'An act to
    17  protect children from neglect and cruelty, and relating to their
    18  employment, protection and adoption,' approved the eleventh day
    19  of June, one thousand eight hundred and seventy-nine, providing
    20  for the further protection of minors, and regulating the
    21  boarding and maintaining of infant children for hire," in so far
    22  as it relates to premises for which a hotel, restaurant or club
    23  liquor license or a retail dispenser's license is held.
    24     The act, approved the twenty-fourth day of May, one thousand
    25  eight hundred eighty-seven (Pamphlet Laws 194), entitled "An act
    26  providing for the licensing of wholesale dealers in intoxicating
    27  liquors," absolutely.
    28     The act, approved the second day of June, one thousand eight
    29  hundred ninety-one (Pamphlet Laws 173), entitled "An act to
    30  permit the growers of grapes in this Commonwealth to manufacture
    19870H1000B1366                 - 239 -

     1  wine from grapes of their own raising that are not first-class
     2  or marketable, and sell such wine to licensed dealers without
     3  taking out or paying a license for such manufacture or sale,"
     4  absolutely.
     5     The act, approved the ninth day of June, one thousand eight
     6  hundred ninety-one (Pamphlet Laws 257), entitled "An act to
     7  restrain and regulate the sale of vinous and spirituous, malt or
     8  brewed liquors or any admixture thereof by wholesale,"
     9  absolutely.
    10     The act, approved the twentieth day of June, one thousand
    11  eight hundred ninety-three (Pamphlet Laws 474), entitled "An act
    12  authorizing distillers of spirituous or vinous liquors to sell
    13  such liquors of their own manufacture in original packages of
    14  not less than forty gallons, without being required to take out
    15  a license as is now required by existing laws," absolutely.
    16     Section one of the act, approved the twenty-fifth day of May,
    17  one thousand eight hundred ninety-seven (Pamphlet Laws 93),
    18  entitled "An act relating to the prosecutions of licensed
    19  dealers and their employes on the charge of furnishing
    20  intoxicating liquors to minors, and prescribing the penalty
    21  therefor," absolutely.
    22     The act, approved the twenty-first day of June, one thousand
    23  eight hundred ninety-seven (Pamphlet Laws 176), entitled "An act
    24  providing that the manufacturers who shall pay a certain sum,
    25  annually, into the Treasury of the Commonwealth, shall sell only
    26  malt or brewed liquors of their own manufacture to dealers only
    27  who have been licensed by the court," absolutely.
    28     The act, approved the thirtieth day of July, one thousand
    29  eight hundred ninety-seven (Pamphlet Laws 464), entitled "An act
    30  to provide revenue and regulate the sale of malt, brewed, vinous
    19870H1000B1366                 - 240 -

     1  and spirituous liquors or any admixture thereof, by requiring
     2  and authorizing licenses to be taken out by brewers, distillers,
     3  wholesalers, bottlers, rectifiers, compounders, storekeepers and
     4  agents, having a store, office or place of business within this
     5  Commonwealth, prescribing the amount of license fees to be paid
     6  in such cases, and by imposing an additional license fee on
     7  retail dealers in intoxicating liquors," absolutely.
     8     Section one of the act, approved the eleventh day of May, one
     9  thousand nine hundred one (Pamphlet Laws 162), entitled "A
    10  supplement to an act, entitled 'An act to restrain and regulate
    11  the sale of vinous and spirituous, malt or brewed liquors, or
    12  any admixture thereof,' approved the thirteenth day of May, Anno
    13  Domini one thousand eight hundred and eighty-seven," absolutely.
    14     The act, approved the nineteenth day of June, one thousand
    15  nine hundred one (Pamphlet Laws 572), entitled "An act
    16  authorizing the several courts of quarter sessions of this
    17  Commonwealth to grant licenses to sell intoxicating liquors at
    18  retail, wholesale or by brewers for a longer or shorter period
    19  than one year in certain cases but only for the purpose of
    20  changing the date from which annual licenses shall thereafter
    21  run and take effect," absolutely.
    22     The act, approved the twenty-second day of April, one
    23  thousand nine hundred three (Pamphlet Laws 257), entitled "An
    24  act to amend the second section of an act, entitled 'An act to
    25  protect certain domestic and private rights and prevent abuses
    26  in the sale and use of intoxicating drinks,' approved the eighth
    27  day of May, Anno Domini one thousand eight hundred and fifty-
    28  four, in relation to the penalties and fines therein prescribed,
    29  and giving the court discretionary power in relation thereto,"
    30  absolutely.
    19870H1000B1366                 - 241 -

     1     Section one of the act, approved the twenty-second day of
     2  April, one thousand nine hundred three (Pamphlet Laws 259),
     3  entitled "An act providing for the payment of liquor license
     4  money to school districts, in townships in which the roads shall
     5  be made and repaired by taxpayers pursuant to the act of twelfth
     6  of June, Anno Domini one thousand eight hundred and ninety-
     7  three, and its supplements," absolutely.
     8     The act, approved the twenty-third day of April, one thousand
     9  nine hundred three (Pamphlet Laws 265), entitled "A supplement
    10  to an act, entitled 'An act to restrain and regulate the sale of
    11  vinous and spirituous, malt or brewed liquors, or any admixture
    12  thereof,' approved the thirteenth day of May, Anno Domini one
    13  thousand eight hundred and eighty-seven," absolutely.
    14     The act, approved the twenty-seventh day of April one
    15  thousand nine hundred three (Pamphlet Laws 317), entitled "An
    16  act amending section three of an act, entitled 'An act to
    17  provide revenue and regulate the sale of malt, brewed, vinous
    18  and spirituous liquors, or any admixture thereof, by requiring
    19  and authorizing licenses to be taken out by brewers, distillers,
    20  wholesalers, bottlers, rectifiers, compounders, store-keepers
    21  and agents, having a store, office or place of business within
    22  this Commonwealth, prescribing the amount of license fees to be
    23  paid in such cases, and by imposing an additional license fee on
    24  retail dealers in intoxicating liquors,' approved the thirtieth
    25  day of July, Anno Domini one thousand eight hundred and ninety-
    26  seven, by providing that, in counties having a population of
    27  more than five hundred thousand (500,000) and less than one
    28  million (1,000,000), the cost of publishing the list of
    29  applicants for liquor licenses shall be paid out of the general
    30  funds of the county, and not deducted from the fees paid by such
    19870H1000B1366                 - 242 -

     1  applicants for expenses connected therewith," absolutely.
     2     The act, approved the twenty-ninth day of March, one thousand
     3  nine hundred seven (Pamphlet Laws 38), entitled "An act to amend
     4  section two of an act, entitled 'An act to provide revenue, and
     5  regulate the sale of malt, brewed, vinous, and spirituous
     6  liquors, or any admixture thereof, by requiring and authorizing
     7  licenses to be taken out by brewers, distillers, wholesalers,
     8  bottlers, rectifiers, compounders, storekeepers, and agents,
     9  having a store, office, or place of business within this
    10  Commonwealth; prescribing the amount of license fees to be paid
    11  in such cases, and by imposing an additional license fee on
    12  retail dealers in intoxicating liquors,' approved the thirtieth
    13  day of July, Anno Domini one thousand eight hundred and ninety-
    14  seven, by changing the time when the treasurers of the
    15  respective counties shall pay all license funds to the State
    16  Treasurer and to the treasurers of the respective
    17  municipalities," absolutely.
    18     The act, approved the twenty-seventh day of April, one
    19  thousand nine hundred seven (Pamphlet Laws 122), entitled "An
    20  act authorizing licensed wholesale liquor sellers and dealers to
    21  purchase vinous, spirituous, malt, or brewed liquors, in kegs,
    22  barrels, or otherwise in bulk, and to transfer the same into
    23  bottles or smaller packages; and to sell the same in such
    24  bottles or smaller packages, in certain quantities, and fixing
    25  the annual license-fee of such dealers in cities of the first
    26  class, second class, third class, and in boroughs and
    27  townships," absolutely.
    28     The act, approved the twenty-ninth day of May, one thousand
    29  nine hundred seven (Pamphlet Laws 307), entitled "An act
    30  regulating the payment of retail liquor license-fees in this
    19870H1000B1366                 - 243 -

     1  Commonwealth," absolutely.
     2     The act, approved the twenty-second day of April, one
     3  thousand nine hundred nine (Pamphlet Laws 136), entitled "An act
     4  regulating the payment of brewers' wholesale and bottlers'
     5  license fees in this Commonwealth," absolutely.
     6     The act, approved the second day of April, one thousand nine
     7  hundred thirteen (Pamphlet Laws 32), entitled "An act permitting
     8  any wholesale or retail licensed liquor dealer or bottler to
     9  keep such licensed place of business open during the pendency of
    10  any application for transfer of license," absolutely.
    11     The act, approved the fourteenth day of May, one thousand
    12  nine hundred thirteen (Pamphlet Laws 203), entitled "An act to
    13  provide and fix fees and compensation to be received by
    14  constables in this Commonwealth for visiting places where
    15  liquors are sold or kept," absolutely.
    16     The act, approved the twelfth day of June, one thousand nine
    17  hundred thirteen (Pamphlet Laws 490), entitled "An act
    18  prohibiting the offering or giving of premium by any person,
    19  partnership, or corporation, licensed to sell vinous,
    20  spirituous, malt, or brewed liquors at wholesale or retail, for
    21  the return of caps, stoppers, corks, stamps, or labels taken
    22  from any bottle, case, keg, barrel, or package containing such
    23  vinous, spirituous, malt, or brewed liquors, and providing a
    24  penalty for the violation thereof," absolutely.
    25     Section one of the act, approved the twenty-second day of
    26  July, one thousand nine hundred thirteen (Pamphlet Laws 914),
    27  entitled "An act authorizing any person, firm or corporation,
    28  owning or operating distilleries producing only denatured
    29  alcohol for industrial purposes, and not for use as a beverage
    30  or for medicinal purposes, to operate such distillery without a
    19870H1000B1366                 - 244 -

     1  license; regulating the taxation of such corporations; requiring
     2  certain reports to be made to the Auditor General, and providing
     3  penalties," in so far as it exempts any person, firm or
     4  corporation owning or operating a distillery from the necessity
     5  of obtaining a license under the provisions of this act to
     6  operate such distillery.
     7     The act, approved the seventeenth day of July, one thousand
     8  nine hundred seventeen (Pamphlet Laws 1020), entitled "An act
     9  amending an act, entitled 'An act prohibiting the offering or
    10  giving of premium, by any person, partnership, or corporation
    11  licensed to sell vinous, spirituous, malt, or brewed liquors, at
    12  wholesale or retail, for the return of caps, stoppers, corks,
    13  stamps, or labels taken from any bottle, case, keg, barrel, or
    14  package containing such vinous, spirituous, malt, or brewed
    15  liquors, and providing a penalty for the violation thereof,'
    16  approved the twelfth day of June, Anno Domini one thousand nine
    17  hundred thirteen; prohibiting the offer or gift or premiums or
    18  presents as an inducement for the purchase of liquors, or for
    19  any other purpose," absolutely.
    20     The act, approved the eighteenth day of July, one thousand
    21  nine hundred seventeen (Pamphlet Laws 1071), entitled "An act
    22  amending section one of an act, approved the fourteenth day of
    23  May, one thousand nine hundred thirteen, entitled 'An act to
    24  provide and fix fees and compensation to be received by
    25  constables in this Commonwealth for visiting places where
    26  liquors are sold or kept,'" absolutely.
    27     The act, approved the twenty-sixth day of February, one
    28  thousand nine hundred nineteen (Pamphlet Laws 9), entitled "An
    29  act to amend section one of an act, approved the thirtieth day
    30  of July, one thousand eight hundred and ninety-seven (Pamphlet
    19870H1000B1366                 - 245 -

     1  Laws, four hundred sixty-four), entitled 'An act to provide
     2  revenue and regulate the sale of malt, brewed, vinous and
     3  spiritous liquors or any admixture thereof, by requiring and
     4  authorizing licenses to be taken out by brewers, distillers,
     5  wholesalers, bottlers, rectifiers, compounders, storekeepers and
     6  agents, having a store, office or place of business within this
     7  Commonwealth, prescribing the amount of license fees to be paid
     8  in such cases, and by imposing an additional license fee on
     9  retail dealers in intoxicating liquors,'" absolutely.
    10     The act, approved the eighth day of May, one thousand nine
    11  hundred nineteen (Pamphlet Laws 167), entitled "An act providing
    12  for the refunding of liquor license fees and additional taxes to
    13  wholesale and retail dealers, brewers, distillers, rectifiers,
    14  compounders, bottlers, agents, and other persons, prevented from
    15  engaging in business by order or regulation of the President or
    16  Secretary of War; providing for the return of the proportions
    17  thereof paid to municipalities and the Commonwealth; and making
    18  an appropriation," absolutely.
    19     The act, approved the twenty-sixth day of June, one thousand
    20  nine hundred nineteen (Pamphlet Laws 673), entitled "An act
    21  permitting wholesale or retail dealers, brewers, distillers,
    22  rectifiers, compounders, bottlers, agents, or other persons
    23  licensed to deal in or sell any vinous, spirituous, malt or
    24  brewed liquors, to surrender licenses heretofore granted and
    25  issued; authorizing county treasurers to refund a proportionate
    26  amount of the annual license fee and additional license tax
    27  where such licenses have been surrendered or where the licensees
    28  have been prevented from selling thereunder by any State or
    29  Federal laws or regulation; and requiring the State Treasurer
    30  and the municipalities to contribute to the amount so refunded;
    19870H1000B1366                 - 246 -

     1  and making an appropriation," absolutely.
     2     The act, approved the twenty-first day of July, one thousand
     3  nine hundred nineteen (Pamphlet Laws 1069), entitled "An act to
     4  provide for the manufacture or distillation and sale of ethyl
     5  alcohol for medicinal, scientific, mechanical, commercial, and
     6  other lawful purposes, and the issuance of licenses therefor;
     7  and providing a penalty for violation of the provisions hereof,"
     8  absolutely.
     9     Section forty-two of the act, approved the seventeenth day of
    10  May, one thousand nine hundred twenty-one (Pamphlet Laws 869),
    11  entitled "An act providing for the organization, government,
    12  discipline, maintenance, and regulation of the armed land forces
    13  of this Commonwealth," in so far as it relates to liquor or malt
    14  or brewed beverages.
    15     The act, approved the nineteenth day of February, one
    16  thousand nine hundred twenty-six (Pamphlet Laws 16), entitled "A
    17  supplement to the act, approved the twenty-seventh day of March,
    18  one thousand nine hundred and twenty-three (Pamphlet Laws,
    19  thirty-four), entitled 'An act concerning alcoholic liquors;
    20  prohibiting the manufacture, advertising, furnishing, traffic
    21  in, and possession of intoxicating liquors for beverage
    22  purposes, and articles and substances designed or intended for
    23  use in the manufacture thereof; defining intoxicating liquor;
    24  providing for penalties, forfeitures, and the abatement of
    25  nuisances; and repealing existing alcoholic liquor laws and
    26  alcoholic liquor license laws'; providing for the registering of
    27  federal permits; also regulating, under permit, through a
    28  Pennsylvania Alcohol Permit Board created in the Department of
    29  Welfare, the manufacture, production, distillation, development,
    30  use in manufacture, denaturization, redistillation, recovery,
    19870H1000B1366                 - 247 -

     1  reuse, holding in bond, holding in storage by bailees for hire,
     2  sale at wholesale, and transportation for hire, of any alcohol
     3  or alcoholic liquid, by certain persons; also providing for fees
     4  and the disposition thereof; also authorizing the inspection of
     5  the records of permittees and purchasers of said alcohol or
     6  alcoholic liquid; also declaring certain places nuisances and
     7  providing for their abatement; also providing penalties; and
     8  also repealing all acts or parts of acts inconsistent with this
     9  act," absolutely.
    10     The act, approved the third day of May, one thousand nine
    11  hundred thirty-three (Pamphlet Laws 252), entitled "An act to
    12  regulate and restrain the traffic in malt, brewed, and vinous
    13  and fruit juice beverages, as herein defined; providing for the
    14  licensing of the sale and distribution of such beverages;
    15  imposing license fees, and providing for collection and
    16  distribution thereof; restricting ownership and interest in
    17  licensed places; permitting municipalities and townships, by
    18  vote of the electors, to prevent the licensing therein of places
    19  where such beverages may be sold for consumption on the
    20  premises, and regulating elections for this purpose; imposing
    21  duties upon county treasurers, the Department of Revenue,
    22  quarter sessions courts, district attorneys, proper authorities
    23  of political subdivisions of the State, and election officers;
    24  providing penalties; and repealing existing acts," absolutely.
    25     The act, approved the twenty-ninth day of November, one
    26  thousand nine-hundred thirty-three (Pamphlet Laws 13, (1933-
    27  34)), entitled "An act creating an independent administrative
    28  board to be known as the Pennsylvania Liquor Control Board,"
    29  absolutely.
    30     The act, approved the twenty-ninth day of November, one
    19870H1000B1366                 - 248 -

     1  thousand nine hundred thirty-three (Pamphlet Laws 15, (1933-
     2  34)), entitled "An act to regulate and restrain the sale,
     3  importation, and use of certain alcoholic beverages; conferring
     4  powers and imposing duties upon the Pennsylvania Liquor Control
     5  Board, the Department of Public Instruction, other officers of
     6  the State government, courts, and district attorneys;
     7  authorizing the establishment and operation of State stores for
     8  the sale of such beverages not for consumption on the premises,
     9  and the granting of licenses, subject to local option, to sell
    10  such beverages for consumption on the premises; forbidding
    11  importation or bringing of such beverages into the State except
    12  as herein provided; prohibiting certain sales or practices in,
    13  connections with, and transactions in such beverages by
    14  licensees and others; making disposition of the receipts from
    15  State stores and of license fees; and imposing penalties,"
    16  absolutely.
    17     The act, approved the eighth day of December, one thousand
    18  nine hundred thirty-three (Pamphlet Laws 57, (1933-34)),
    19  entitled "An act to amend the title and certain sections of the
    20  act, approved the nineteenth day of February, one thousand nine
    21  hundred twenty-six (Pamphlet Laws, sixteen), entitled 'A
    22  supplement to the act, approved the twenty-seventh day of March,
    23  one thousand nine hundred and twenty-three (Pamphlet Laws,
    24  thirty-four), entitled "An act concerning alcoholic liquors;
    25  prohibiting the manufacturer, advertising, furnishing, traffic
    26  in, and possession of intoxicating liquors for beverage
    27  purposes, and articles and substances designed or intended for
    28  use in the manufacture thereof; defining intoxicating liquor;
    29  providing for penalties, forfeitures, and the abatement of
    30  nuisances; and repealing existing alcoholic liquor laws and
    19870H1000B1366                 - 249 -

     1  alcoholic liquor license laws'; providing for the registering of
     2  Federal permits; also regulating, under permit, through a
     3  Pennsylvania Alcohol Permit Board created in the Department of
     4  Welfare, the manufacture, production, distillation, development,
     5  use in manufacture, denaturization, redistillation, recovery,
     6  reuse, holding in bond, holding in storage by bailees for hire,
     7  sale at wholesale, and transportation for hire, of any alcohol
     8  or alcoholic liquid, by certain persons; also providing for fees
     9  and the disposition thereof; also authorizing the inspection of
    10  the records of permittees and purchasers of said alcohol or
    11  alcoholic liquid; also declaring certain places nuisances and
    12  providing for their abatement; also providing penalties; and
    13  also repealing all acts or parts of acts inconsistent with this
    14  act, by providing that the act shall be administered by the
    15  Pennsylvania Liquor Control Board; making the act consistent
    16  with the repeal of the Eighteenth Amendment; changing
    17  definitions and exemptions; bringing rectifiers and blenders
    18  within the act; allowing appeals to the courts; providing for
    19  the abatement of nuisances; and increasing fees," absolutely.
    20     The act, approved the twentieth day of December, one thousand
    21  nine hundred thirty-three (Pamphlet Laws 75, (1933-34)),
    22  entitled "An act to amend the title and certain sections of the
    23  act, approved the third day of May, one thousand nine hundred
    24  thirty-three (Act number ninety-one), entitled 'An act to
    25  regulate and restrain the traffic in malt, brewed, and vinous
    26  and fruit juice beverages, as herein defined; providing for the
    27  licensing of the sale and distribution of such beverages;
    28  imposing license fees, and providing for collection and
    29  distribution thereof; restricting ownership and interest in
    30  licensed places; permitting municipalities and townships, by
    19870H1000B1366                 - 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 county treasurers, the Department of Revenue,
     5  quarter sessions courts, district attorneys, proper authorities
     6  of political subdivisions of the State, and election officers;
     7  providing penalties; and repealing existing acts,' by limiting
     8  the provisions of the act to malt liquors, as defined therein,
     9  and clarifying certain provisions of the act," absolutely.
    10     The act, approved the eighteenth day of July, one thousand
    11  nine hundred thirty-five (Pamphlet Laws 1217), entitled "An act
    12  to reenact and amend the title and the act, approved the third
    13  day of May, one thousand nine hundred and thirty-three (Pamphlet
    14  Laws, two hundred fifty-two), entitled 'An act to regulate and
    15  restrain the traffic in malt, brewed, and vinous and fruit juice
    16  beverages, as herein defined; providing for the licensing of the
    17  sale and distribution of such beverages; imposing license fees,
    18  and providing for collection and distribution thereof;
    19  restricting ownership and interest in licensed places;
    20  permitting municipalities and townships, by vote of the
    21  electors, to prevent the licensing therein of places where such
    22  beverages may be sold for consumption on the premises, and
    23  regulating elections for this purpose; imposing duties upon
    24  county treasurers, the Department of Revenue, quarter sessions
    25  courts, district attorneys, proper authorities of political
    26  subdivisions of the State, and election officers; providing
    27  penalties; and repealing existing acts,' as amended, by
    28  providing for the issue by the county treasurer of retail
    29  dispensers' licenses, and by the Pennsylvania Liquor Control
    30  Board of distributors', importing distributors', and
    19870H1000B1366                 - 251 -

     1  manufacturers' licenses; regulating the business of
     2  manufacturers of malt and brewed beverages; and providing for
     3  the issue of public service licenses and special permits
     4  relating to entertainment and transportation for hire by said
     5  board; changing, fixing, and providing for the fixing of permit
     6  and license fees, and providing for the disposition thereof;
     7  providing for the abatement of nuisances; providing for the
     8  revocation and suspension of licenses by the court of quarter
     9  sessions and the board; further regulating the manufacture,
    10  sale, transportation and traffic in malt and brewed beverages;
    11  prescribing penalties; and repealing inconsistent acts,"
    12  absolutely.
    13     The act, approved the eighteenth day of July, one thousand
    14  nine hundred thirty-five (Pamphlet Laws 1246), entitled "An act
    15  to reenact and amend the title and the act approved the twenty-
    16  ninth day of November, one thousand nine hundred and thirty-
    17  three (Pamphlet Laws, fifteen--one thousand nine hundred thirty-
    18  three-one thousand nine hundred thirty-four), entitled 'An act
    19  to regulate and restrain the sale, importation, and use of
    20  certain alcoholic beverages; conferring powers and imposing
    21  duties upon the Pennsylvania Liquor Control Board, the
    22  Department of Public Instruction, other officers of the State
    23  government, courts and district attorneys; authorizing the
    24  establishment and operation of State stores for the sale of such
    25  beverages not for consumption on the premises, and the granting
    26  of licenses, subject to local option, to sell such beverages for
    27  consumption on the premises; forbidding importation or bringing
    28  of such beverages into the State except as herein provided;
    29  prohibiting certain sales or practices in, connections with, and
    30  transactions in such beverages by licenses and others; making
    19870H1000B1366                 - 252 -

     1  disposition of the receipts from State stores and of license
     2  fees; and imposing penalties,' by extending the provisions of
     3  said act to the manufacture and possession of alcohol, alcoholic
     4  beverages and malt or brewed beverages; permitting licensees to
     5  sell malt or brewed beverages for consumption off premises;
     6  providing for the revocation and suspension of licenses by the
     7  board and the court of quarter sessions, and conferring
     8  additional powers and imposing additional duties on the board,
     9  including power to fix the form and capacity of packages and
    10  containers, and the duty to require certain manufacturers and
    11  other persons to secure permit and pay permit fees; conferring
    12  power on agents of the board to arrest on view without warrant
    13  and to confiscate property unlawfully used, and providing for
    14  the destruction and disposition thereof; providing for the
    15  disposition of license and filing fees; providing that fines and
    16  penalties collected shall be for the use of counties; legalizing
    17  the home manufacture and possession of wine; extending the civil
    18  service provisions of this act; further regulating the
    19  manufacture, sale and traffic in alcohol, alcoholic beverages
    20  and malt and brewed beverages; prescribing penalties and
    21  repealing existing laws," absolutely.
    22     The act, approved the eighteenth day of July, one thousand
    23  nine hundred thirty-five (Pamphlet Laws 1283), entitled "An act
    24  to amend clauses (i) and (l) of section two, and section three
    25  of the act, approved the nineteenth day of February, one
    26  thousand nine hundred and twenty-six (Pamphlet Laws, sixteen),
    27  entitled, and amended 'An act regulating, under permit, through
    28  the Pennsylvania Liquor Control Board, the manufacture,
    29  production, distillation, development, use in manufacture,
    30  denaturization, redistillation, rectification, blending,
    19870H1000B1366                 - 253 -

     1  recovery, reuse, holding in bond, holding in storage by bailees
     2  for hire, and transportation for hire, of any alcohol, alcoholic
     3  liquid or alcoholic beverage, by certain persons; requiring the
     4  registration of Federal permits; also providing for fees and the
     5  disposition thereof, and for appeals to the courts; also
     6  authorizing the inspection of the records of permittees and
     7  purchasers of said alcohol, alcoholic liquid, and alcoholic
     8  beverages; also declaring certain places nuisances and providing
     9  for their abatement; also providing penalties; and also
    10  repealing all acts or parts of acts inconsistent with this act,'
    11  as amended; further defining distilleries and wineries; and
    12  providing for the licensure and rights of manufacturers of
    13  wine," absolutely.
    14     The act, approved the sixteenth day of June, one thousand
    15  nine hundred thirty-seven (Pamphlet Laws 1762), entitled "An act
    16  to re-enact and further amend the title and the act, approved
    17  the twenty-ninth day of November, one thousand nine hundred and
    18  thirty-three (Pamphlet Laws, fifteen--one thousand nine hundred
    19  thirty-three--thirty-four), entitled, as amended 'An act to
    20  regulate and restrain the sale, manufacture, possession,
    21  transportation, importation, traffic in, and use of alcohol, and
    22  alcoholic and malt or brewed beverages; conferring powers and
    23  imposing duties upon the Pennsylvania Liquor Control Board and
    24  its agents, the Department of Public Instruction, other officers
    25  of the State government, courts, and district attorneys;
    26  authorizing the establishment and operation of State stores for
    27  the sale of such beverages not for consumption on the premises,
    28  and the granting of licenses, subject to local option, to sell
    29  such beverages for consumption on and off the premises;
    30  forbidding importation or bringing of such beverages into the
    19870H1000B1366                 - 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; making disposition of the
     4  receipts from State stores and of fees; and imposing penalties,'
     5  further regulating the manufacture, sale, importation, use, and
     6  traffic in liquors, alcohol, and malt and brewed beverages;
     7  conferring additional powers and imposing additional duties on
     8  the Pennsylvania Liquor Control Board; further regulating those
     9  licensed under this act; imposing additional filing fees; and
    10  increasing fees for certain permits; and providing for the
    11  disposition thereof; further regulating the establishment of
    12  State liquor stores, and the employment and use of personnel by
    13  the board; regulating and providing the procedure for the
    14  granting, transfer, revocation, and suspension of licenses, and
    15  for compromises in certain cases, and the disposition of moneys
    16  arising therefrom; providing for the forfeiture of certain
    17  property; regulating the jurisdiction of courts, and local
    18  option procedure; prohibiting certain interlocking business; and
    19  providing penalties," absolutely.
    20     The act, approved the sixteenth day of June, one thousand
    21  nine hundred thirty-seven (Pamphlet Laws 1811), entitled "An act
    22  to re-enact and amend the act, approved the nineteenth day of
    23  February, one thousand nine hundred twenty-six (Pamphlet Laws,
    24  sixteen), entitled, as amended 'An act regulating, under permit,
    25  through the Pennsylvania Liquor Control Board, the manufacture,
    26  production, distillation, development, use in manufacture,
    27  denaturization, redistillation, rectification, blending,
    28  recovery, reuse, holding in bond, holding in storage by bailees
    29  for hire, and transportation for hire, of any alcohol, alcoholic
    30  liquid or alcoholic beverage, by certain persons; requiring the
    19870H1000B1366                 - 255 -

     1  registration of Federal permits; also providing for fees and the
     2  disposition thereof, and for appeals to the courts; also
     3  authorizing the inspection of the records of permittees and
     4  purchasers of said alcohol, alcoholic liquid, and alcoholic
     5  beverages; also declaring certain places nuisances and providing
     6  for their abatement; also providing penalties; and also
     7  repealing all acts or parts of acts inconsistent with this act,'
     8  further regulating the manufacture, sale, use, and traffic in
     9  alcohol and alcoholic liquids; conferring additional powers and
    10  imposing additional duties upon the Pennsylvania Liquor Control
    11  Board; further regulating those licensed under this act;
    12  imposing filing fees; changing the method of calculating certain
    13  license fees; providing for the use of the word "license"
    14  instead of "permit"; regulating and providing the procedure for
    15  the granting, suspension, and revocation of licenses, and for
    16  compromises in certain cases; providing for the disposition of
    17  fees, compromise penalties, and forfeitures; regulating the
    18  jurisdiction of courts; and providing penalties," absolutely.
    19     The act, approved the sixteenth day of June, one thousand
    20  nine hundred thirty-seven (Pamphlet Laws 1827), entitled "An act
    21  to re-enact and further amend the title and the act, approved
    22  the third day of May, one thousand nine hundred and thirty-three
    23  (Pamphlet Laws, two hundred fifty-two), entitled, as amended 'An
    24  act to regulate and restrain the traffic in malt and brewed
    25  beverages, as herein defined; providing for the licensing of the
    26  manufacture, transportation, sale and distribution of such
    27  beverages; imposing license and permit fees, and providing for
    28  collection and distribution thereof; restricting ownership and
    29  interest in licensed places; permitting municipalities and
    30  townships, by vote of the electors, to prevent the licensing
    19870H1000B1366                 - 256 -

     1  therein of places where such beverages may be sold for
     2  consumption on the premises, and regulating elections for this
     3  purpose; imposing duties upon county treasurers, the
     4  Pennsylvania Liquor Control Board, quarter sessions courts,
     5  district attorneys, the Department of Justice, proper
     6  authorities of political subdivisions of the State, and election
     7  officers; providing penalties; and repealing existing acts,'
     8  defining and further defining and regulating licensees,
     9  application for licenses, and sales by licensees, and fixing
    10  fees for amusement permits; regulating the granting, suspension,
    11  revocation, and transfer of licenses, and the procedure
    12  therefor, and conferring jurisdiction on certain courts;
    13  providing for the granting of licenses by the Pennsylvania
    14  Liquor Control Board instead of the county treasurer, and
    15  prescribing the powers and duties of said board; providing for
    16  compromises where licenses are suspended, and for the
    17  disposition of application license permit fees, forfeitures, and
    18  penalties; and providing penalties," absolutely.
    19     The act, approved the twenty-fifth day of June, one thousand
    20  nine hundred thirty-seven (Pamphlet Laws 2073), entitled "An act
    21  to amend section five of the act, approved the twenty-ninth day
    22  of November, one thousand nine hundred thirty-three (One
    23  thousand nine hundred thirty-three-one thousand nine hundred
    24  thirty-four--Pamphlet Laws, thirteen), entitled 'An act creating
    25  an independent administrative board to be known as the
    26  Pennsylvania Liquor Control Board,' by making further provision
    27  with respect to the fidelity bonds of the members, secretary,
    28  and employes of the board," absolutely.
    29     The act, approved the twenty-sixth day of June, one thousand
    30  nine hundred thirty-nine (Pamphlet Laws 764), entitled "An act
    19870H1000B1366                 - 257 -

     1  to regulate and restrain the sale, purchase, exchange, pledge,
     2  and dealing in distillery bonded warehouse certificate for
     3  whiskey or any other potable distilled spirits, except ethyl
     4  alcohol; conferring powers and imposing duties upon the
     5  Pennsylvania Liquor Control Board; authorizing the granting of
     6  permits and registration of agents to deal in such certificates,
     7  and the suspension and revocation of such permits and
     8  registration of agents; providing for hearings and appeals to
     9  the court of common pleas; forbidding transaction in such
    10  certificates in this State except as herein provided;
    11  prescribing and imposing penalties; and providing for the
    12  disposition of filing, registration and permit fees,"
    13  absolutely.
    14     The act, approved the twenty-fourth day of June, one thousand
    15  nine hundred thirty-nine (Pamphlet Laws 802), entitled "An act
    16  to further amend clause (a) of section four hundred and seven of
    17  the act, approved the twenty-ninth day of November, one thousand
    18  nine hundred and thirty-three (Pamphlet Laws, fifteen, 1933-34),
    19  entitled, as amended 'An act to regulate and restrain the sale,
    20  manufacture, possession, transportation, importation, traffic
    21  in, and use of alcohol, and alcoholic and malt or brewed
    22  beverages; conferring powers and imposing duties upon the
    23  Pennsylvania Liquor Control Board and its agents, the Department
    24  of Public Instruction, other officers of the State government,
    25  courts, and district attorneys; authorizing the establishment
    26  and operation of State stores for the sale of such beverages not
    27  for consumption on the premises, and the granting of licenses,
    28  subject to local option, to sell such beverages for consumption
    29  on and off the premises; forbidding importation or bringing of
    30  such beverages into the State except as herein provided;
    19870H1000B1366                 - 258 -

     1  prohibiting certain sales or practices in, connection with, and
     2  transactions in such beverages by licensees and others;
     3  providing for the forfeiture of certain property; making
     4  disposition of the receipts from State stores and of fees; and
     5  imposing penalties,' changing the fees for hotel and restaurant
     6  liquor licenses in certain cases," absolutely.
     7     The act, approved the twenty-fourth day of June, one thousand
     8  nine hundred thirty-nine (Pamphlet Laws 804), entitled "An act
     9  to amend clause (e) of section six hundred and nine of the act,
    10  approved the twenty-ninth day of November, one thousand nine
    11  hundred and thirty-three (Pamphlet Laws, fifteen, 1933-34),
    12  entitled, as amended 'An act to regulate and restrain the sale
    13  manufacture, possession, transportation, importation, traffic
    14  in, and use of alcohol, and alcoholic and malt or brewed
    15  beverages; conferring powers and imposing duties upon the
    16  Pennsylvania Liquor Control Board and its agents, the Department
    17  of Public Instruction, other officers of the State government,
    18  courts, and district attorneys; authorizing the establishment
    19  and operation of State stores for the sale of such beverages not