THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSHALL, CHRISTIANA, BOYD, CALTAGIRONE, DENLINGER, DiGIROLAMO, FARRY, GIBBONS, HUTCHINSON, KILLION, KOTIK, LAWRENCE, MATZIE, McGEEHAN, MICCARELLI, MUSTIO, M. O'BRIEN, PETRI, QUIGLEY, READSHAW, REED, SACCONE, SANTONI, TAYLOR AND VULAKOVICH, MAY 31, 2012

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 31, 2012  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for local option.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 472(a) and (d) of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, reenacted and

amended June 29, 1987 (P.L.32, No.14), amended February 21, 2002

(P.L.103, No.10) and June 28, 2011 (P.L.55, No.11), are amended

to read:

Section 472.  Local Option.--(a)  In any municipality or any

part of a municipality where such municipality is split so that

each part thereof is separated by another municipality, an

election may be held, subject to subsection (c), on the date of

the primary election immediately preceding any municipal

election, but not oftener than once in four years, to determine

the will of the electors with respect to the granting of liquor

licenses to hotels, restaurants, resort facilities and clubs,

not oftener than once in four years, to determine the will of

the electors with respect to the granting of liquor licenses to

public venues, to performing arts facilities, to continuing care

retirement communities, to hotels located on property owned by

an accredited college or university, to privately-owned private

golf courses or to privately-owned public golf courses, not

oftener than once in four years, to determine the will of the

electors with respect to the granting of licenses to retail

dispensers of malt and brewed beverages, not oftener than once

in four years, to determine the will of the electors with

respect to granting of licenses to wholesale distributors and

importing distributors, not more than once in two years, to

determine the will of the electors with respect to the granting

of club liquor licenses or club retail dispenser licenses to

incorporated units of national veterans' organizations, not

oftener than once in two years to determine the will of the

electors with respect to the granting of special occasion

permits to qualified organizations, or not more than once in

four years, to determine the will of the electors with respect

to the establishment, operation and maintenance by the board of

Pennsylvania liquor stores, within the limits of such

municipality or part of a split municipality, under the

provisions of this act: Provided, however, Where an election

shall have been held at the primary preceding a municipal

election in any year, another election may be held under the

provisions of this act at the primary occurring the fourth year

after such prior election: And provided further, That an

election on the question of establishing and operating a State

liquor store shall be initiated only in those municipalities, or

that part of a split municipality that shall have voted against

the granting of liquor licenses; and that an election on the

question of granting wholesale distributor and importing

distributor licenses shall be initiated only in those

municipalities or parts of split municipalities that shall have

at a previous election voted against the granting of dispenser's

licenses. Whenever electors equal to at least twenty-five per

centum of the highest vote cast for any office in the

municipality or part of a split municipality at the last

preceding general election shall file a petition with the county

board of elections of the county for a referendum on the

question of granting any of said classes of licenses or the

establishment of Pennsylvania liquor stores, the said county

board of elections shall cause a question to be placed on the

ballots or on the voting machine board and submitted at the

primary immediately preceding the municipal election. Separate

petitions must be filed for each question to be voted on.

Provided, however, That in the case where two or more

municipalities have merged and the resulting municipality

prohibits the issuance of any such classes of licenses or the

establishment of Pennsylvania liquor stores, the county board of

elections shall cause questions of granting any such classes of

licenses or the establishment of Pennsylvania liquor stores to

be placed on the ballots or on the voting machine board and

submitted at the primary immediately preceding the municipal

election without a petition being filed by the electors. The

municipality shall provide notice to the electors prior to the

primary detailing the questions which will appear on the ballot. 

Said proceedings shall be in the manner and subject to the

provisions of the election laws which relate to the signing,

filing and adjudication of nomination petitions, insofar as such

provisions are applicable.

When the question is in respect to the granting of liquor

licenses, it shall be in the following form:

When the question is in respect to the granting of liquor

licenses to resort facilities in those municipalities that do

not already allow the retail sale of liquor, it shall be in the

following form:

When the question is in respect to the granting of restaurant

liquor licenses for use at public venues in those municipalities

that do not already allow the retail sale of liquor, it shall be

in the following form:

When the question is in respect to the granting of restaurant

liquor licenses for use at performing arts facilities in those

municipalities that do not already allow the retail sale of

alcohol, it shall be in the following form:

When the question is in respect to the granting of liquor

licenses for hotels located on property owned by an accredited

college or university in those municipalities that do not

already allow the granting of liquor licenses, it shall be in

the following form:

When the question is in respect to the granting of liquor

licenses, for privately-owned private golf courses, it shall be

in the following form:

When the question is in respect to the granting of liquor

licenses, for privately-owned public golf courses, it shall be

in the following form:

When the question is in respect to the granting of liquor

licenses to continuing care retirement communities in those

municipalities that have not already approved the granting of

liquor licenses, it shall be in the following form:

When the question is in respect to the granting of licenses

to retail dispensers of malt and brewed beverages, it shall be

in the following form:

When the question is in respect to the granting of licenses

to wholesale distributors of malt or brewed beverages and

importing distributors, it shall be in the following form:

When the question is in respect to the granting of club

liquor licenses to incorporated units of national veterans'

organizations, it shall be in the following form:

When the question is in respect to the granting of club

retail dispenser licenses to incorporated units of national

veterans' organizations, it shall be in the following form:

When the question is in respect to the granting of special

occasion permits allowing the sale of liquor by qualified

organizations in municipalities that do not already allow the

retail sale of liquor, it shall be in the following form:

When the question is in respect to the granting of special

occasion permits allowing the sale of malt or brewed beverages

only by qualified organizations in municipalities that do not

already allow the retail sale of malt or brewed beverages, it

shall be in the following form:

When the question is in respect to the establishment,

operation and maintenance of Pennsylvania liquor stores it shall

be in the following form:

In case of a tie vote, the status quo shall obtain. If a

majority of the voting electors on any such question vote "yes,"

then liquor licenses shall be granted by the board to hotels,

restaurants, resort facilities and clubs, or liquor licenses

shall be granted by the board to public venues, to performing

arts facilities, to continuing care retirement communities, to

hotels located on property owned by an accredited college or

university, to privately-owned private golf courses or to

privately-owned public golf courses, or malt and brewed beverage

retail dispenser licenses or wholesale distributor's and

importing distributor's license for the sale of malt or brewed

beverages shall be granted by the board, or club liquor licenses

or club retail dispenser licenses shall be granted by the board

to incorporated units of national veterans' organizations, or

special occasion permits may be issued to qualified

organizations, or the board may establish, operate and maintain

Pennsylvania liquor stores, as the case may be, in such

municipality or part of a split municipality, as provided by

this act; but if a majority of the electors voting on any such

question vote "no," then the board shall have no power to grant

or to renew upon their expiration any licenses of the class so

voted upon in such municipality or part of a split municipality;

or if the negative vote is on the question in respect to the

establishment, operation and maintenance of Pennsylvania liquor

stores, the board shall not open and operate a Pennsylvania

liquor store in such municipality or part of a split

municipality, nor continue to operate a then existing

Pennsylvania liquor store in the municipality or part of a split

municipality for more than two years thereafter or after the

expiration of the term of the lease on the premises occupied by

such store, whichever period is less, unless and until at a

later election a majority of the voting electors vote "yes" on

such question.

* * *

(d)  Nothing in this section shall prohibit the board from

approving:

(1)  The transfer of a retail license from a municipality

which has voted to prohibit the issuance of such a license to a

location in another municipality in the same county that allows

the issuance of that type of license.

(2)  The renewal or transfer of a restaurant liquor license

in a municipality which has voted to prohibit the issuance of

such a license if:

(i)  the license is located in a township of the second class

within a county of the third class;

(ii)  the license was originally issued prior to 1950; and

(iii)  the premises have been licensed for at least fifty

years.

(3)  The renewal or transfer of a restaurant liquor license,

an eating place retail dispenser license, a hotel license or a

distributor license in a location in which two or more

municipalities have merged and the resulting municipality

prohibits the issuance of such licenses.

* * *

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