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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY MENSCH, RAFFERTY, BOSCOLA, EARLL, WARD, YUDICHAK, BREWSTER AND WOZNIAK, FEBRUARY 28, 2011 |
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| REFERRED TO LAW AND JUSTICE, FEBRUARY 28, 2011 |
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| AN ACT |
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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: |
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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 |
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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. |
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