PRINTER'S NO.  708

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

724

Session of

2011

  

  

INTRODUCED BY MENSCH, RAFFERTY, BOSCOLA, EARLL, WARD, YUDICHAK, BREWSTER AND WOZNIAK, FEBRUARY 28, 2011

  

  

REFERRED TO LAW AND JUSTICE, FEBRUARY 28, 2011  

  

  

  

AN ACT

  

1

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

2

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

3

malt and brewed beverages; amending, revising, consolidating

4

and changing the laws relating thereto; regulating and

5

restricting the manufacture, purchase, sale, possession,

6

consumption, importation, transportation, furnishing, holding

7

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

8

liquors, alcohol and malt and brewed beverages and the

9

persons engaged or employed therein; defining the powers and

10

duties of the Pennsylvania Liquor Control Board; providing

11

for the establishment and operation of State liquor stores,

12

for the payment of certain license fees to the respective

13

municipalities and townships, for the abatement of certain

14

nuisances and, in certain cases, for search and seizure

15

without warrant; prescribing penalties and forfeitures;

16

providing for local option, and repealing existing laws,"

17

defining "ski resort"; and further providing for limiting the

18

number of retail licenses to be issued in each county.

19

The General Assembly of the Commonwealth of Pennsylvania

20

hereby enacts as follows:

21

Section 1.  Section 102 of the act of April 12, 1951 (P.L.90,

22

No.21), known as the Liquor Code, reenacted and amended June 29,

23

1987 (P.L.32, No.14), is amended by adding a definition to read:

24

Section 102.  Definitions.--The following words or phrases,

25

unless the context clearly indicates otherwise, shall have the

26

meanings ascribed to them in this section:

 


1

* * *

2

"Ski resort" shall mean a resort where downhill skiing

3

occurs, having a minimum of six ski trails and an elevation of

4

at least four hundred feet.

5

* * *

6

Section 2.  Section 461(a) of the act, amended February 21,

7

2002 (P.L.103, No.10), is amended to read:

8

Section 461.  Limiting Number of Retail Licenses To Be Issued

9

In Each County.--(a)  No additional restaurant, eating place

10

retail dispenser or club licenses shall be issued within a

11

county if the total number of restaurant and eating place retail

12

dispenser licenses is greater than one license for each three

13

thousand inhabitants in the county, except the board may issue

14

licenses to public venues, performing arts facilities,

15

continuing care retirement communities, airport restaurants,

16

municipal golf courses, hotels, privately-owned private golf

17

courses, privately-owned public golf courses, racetracks,

18

automobile racetracks, nonprimary pari-mutuel wagering

19

locations, privately-owned ski resorts and to any other entity

20

which this act specifically exempts from the limitations

21

provided in this section, and the board may issue a license to a

22

club situated in a borough having a population less than eight

23

thousand inhabitants which is located in a county of the second

24

class A whose application is filed on or before February 28,

25

2001. In addition, the board may issue an eating place retail

26

dispenser license for on-premises sales only to the owner or

27

operator of a facility having a minimum of a one-half mile

28

asphalt track and having a permanent seating capacity of at

29

least six thousand people used principally for holding

30

automobile races, regardless of the number of restaurant and

- 2 -

 


1

eating place retail dispenser licenses already issued in that

2

county. When determining the number of restaurant and eating

3

place retail dispenser licenses issued in a county for the

4

purposes of this section, licenses exempted from this limitation

5

and club licenses shall not be considered. Inhabitants of dry

6

municipalities shall be considered when determining the

7

population in a county. Licenses shall not be issued or

8

transferred into municipalities where such licenses are

9

prohibited pursuant to local referendum in accordance with

10

section 472. Licenses approved for intermunicipal transfer may

11

not be transferred from the receiving municipality for a period

12

of five years after the date that the licensed premises are

13

operational in the receiving municipality.

14

* * *

15

Section 3.  This act shall take effect in 60 days.

- 3 -