AN ACT

 

1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws," in
17Pennsylvania Liquor Control Board, further providing for 
18general powers of board and for enforcement<-; and, in licenses 
19and regulations relating to liquor, alcohol and malt and 
20brewed beverages, further providing for license fees, for 
21revocation and suspension of licenses and fines and for 
22penalties.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

<-25Section 1. Section 211(a) of the act of April 12, 1951
26(P.L.90, No.21), known as the Liquor Code, reenacted and amended
27June 29, 1987 (P.L.32, No.14), is amended by adding a paragraph

1to read:

<-2Section 1. Section 207 of the act of April 12, 1951 (P.L.90,
3No.21), known as the Liquor Code, reenacted and amended June 29,
41987 (P.L.32, No.14), is amended by adding a subsection to read:

5Section 207. General Powers of Board.--Under this act, the
6board shall have the power and its duty shall be:

7* * *

8(l) To notify, in writing, within 30 days of receiving
9notification of violations pursuant to section 211(a)(4.1), the
10enforcement bureau and the chairman and minority chairman of the
11Law and Justice Committee of the Senate and the chairman and
12minority chairman of the Liquor Control Committee of the House
13of Representatives of the ways in which the board will ensure
14that Pennsylvania Liquor Stores are brought into compliance with
15this act or any laws of this Commonwealth relating to liquor or
16alcohol or any regulations of the board adopted pursuant to such
17laws.

18Section 2. Section 211(c) of the act, amended October 5,
191994 (P.L.537, No.80), is amended and subsection (a) is amended
20by adding a paragraph to read:

21Section 211. Enforcement.--(a) There is created within the
22Pennsylvania State Police a Bureau of Liquor Control Enforcement
23which shall be responsible for enforcing this act and any
24regulations promulgated pursuant thereto. Officers and
25investigators assigned to the bureau shall have the power and
26their duty shall be:

27* * *

28(4.1) To investigate <-and issue citations to Pennsylvania
29Liquor Stores for any violations of this act or any laws of this
30Commonwealth relating to liquor or alcohol, or any regulations

1of the board adopted pursuant to such laws. <-The enforcement
2bureau shall submit in writing a list of violations for any
3Pennsylvania Liquor Store it has investigated to the board and
4the chairman and minority chairman of the Law and Justice
5Committee of the Senate and the chairman and minority chairman
6of the Liquor Control Committee of the House of Representatives.

7* * *

<-8(c) The Pennsylvania State Police Commissioner shall assign
9State Police Officers to such [supervisory and other] capacities
10in the enforcement bureau as he deems necessary. All other
11personnel of the enforcement bureau shall be civilians.
12Notwithstanding any other provision of law, a State Police 
13officer assigned to the enforcement bureau may not be counted 
14against the compliment of officers as prescribed in section 205 
15of the act of April 9, 1929 (P.L.177, No.175), known as The 
16Administrative Code of 1929.

17* * *

18Section 3. Section 405(c) of the act, amended April 29, 1994
19(P.L.212, No.30), is amended to read:

20Section 405. License Fees.--* * *

21(c) [All] (1) Notwithstanding the provisions of 801(b) and 
22subject to paragraph (2), all license fees authorized under this
23section shall be collected by the board for the use of the
24municipalities in which such fees were collected[.] so long as 
25such municipalities have a local police force.

26(2) Any license fees authorized under this section that are
27collected by the board from licensees located in a municipality
28that does not have its own police force shall be transferred to
29the enforcement bureau.

30* * *

1Section 4. Section 471(b) of the act, amended July 6, 2005
2(P.L.135, No.39), is amended to read:

3Section 471. Revocation and Suspension of Licenses; Fines.--
4* * *

5(b) Hearing on such citations shall be held in the same
6manner as provided herein for hearings on applications for
7license. Upon such hearing, if satisfied that any such violation
8has occurred or for other sufficient cause, the administrative
9law judge shall immediately suspend or revoke the license, or
10impose a fine of not less than [fifty dollars ($50)] two hundred 
11fifty dollars ($250) nor more than [one thousand dollars
12($1,000)] five thousand dollars ($5,000), or both, notifying the
13licensee by registered letter addressed to his licensed
14premises. If the licensee has been cited and found to have
15violated section 493(1) insofar as it relates to sales to minors
16or sales to a visibly intoxicated person, section 493(10)
17insofar as it relates to lewd, immoral or improper entertainment
18or section 493(14), (16) or (21), or has been found to be a
19public nuisance pursuant to section 611, or if the owner or
20operator of the licensed premises or any authorized agent of the
21owner or operator has been convicted of any violation of the act
22of April 14, 1972 (P.L.233, No.64), known as "The Controlled
23Substance, Drug, Device and Cosmetic Act," or of 18 Pa.C.S. § 
245902 (relating to prostitution and related offenses) or 6301
25(relating to corruption of minors), at or relating to the
26licensed premises, the administrative law judge shall
27immediately suspend or revoke the license, or impose a fine of
28not less than [one thousand dollars ($1,000)] five thousand 
29dollars ($5,000) nor more than [five thousand dollars ($5,000)]
30ten thousand dollars ($10,000), or both. However, if a licensee

1has been cited and found to have violated section 493(1) as it
2relates to sales to minors or sales to a visibly intoxicated
3person but at the time of the sale the licensee was in
4compliance with the requirements set forth in section 471.1 and
5the licensee had not sold to minors or visibly intoxicated
6persons in the previous four years, then the administrative law
7judge shall immediately suspend or revoke the license, or impose
8a fine of not less than [fifty dollars ($50)] one thousand 
9dollars ($1,000) nor more than [one thousand dollars ($1,000)]
10five thousand dollars ($5,000), or both. The administrative law
11judge shall notify the licensee by registered mail, addressed to
12the licensed premises, of such suspension, revocation or fine.
13In the event the fine is not paid within twenty days of the
14adjudication, the administrative law judge shall suspend or
15revoke the license, notifying the licensee by registered mail
16addressed to the licensed premises. Suspensions and revocations
17shall not go into effect until thirty days have elapsed from the
18date of the adjudication during which time the licensee may take
19an appeal as provided for in this act, except that revocations
20mandated in section 481(c) shall go into effect immediately. Any
21licensee whose license is revoked shall be ineligible to have a
22license under this act until the expiration of three years from
23the date such license was revoked. In the event a license is
24revoked, no license shall be granted for the premises or
25transferred to the premises in which the said license was
26conducted for a period of at least one year after the date of
27the revocation of the license conducted in the said premises,
28except in cases where the licensee or a member of his immediate
29family is not the owner of the premises, in which case the board
30may, in its discretion, issue or transfer a license within the

1said year. In the event the bureau or the person who was fined
2or whose license was suspended or revoked shall feel aggrieved
3by the adjudication of the administrative law judge, there shall
4be a right to appeal to the board. The appeal shall be based
5solely on the record before the administrative law judge. The
6board shall only reverse the decision of the administrative law
7judge if the administrative law judge committed an error of law,
8abused its discretion or if its decision is not based on
9substantial evidence. In the event the bureau or the person who
10was fined or whose license was suspended or revoked shall feel
11aggrieved by the decision of the board, there shall be a right
12to appeal to the court of common pleas in the same manner as
13herein provided for appeals from refusals to grant licenses.
14Each of the appeals shall act as a supersedeas unless, upon
15sufficient cause shown, the reviewing authority shall determine
16otherwise; however, if the licensee has been cited and found to
17have violated section 493(1) insofar as it relates to sales to
18minors or sales to a visibly intoxicated person, section 493(10)
19insofar as it relates to lewd, immoral or improper entertainment
20or section 493(14), (16) or (21), or has been found to be a
21public nuisance pursuant to section 611, or if the owner or
22operator of the licensed premises or any authorized agent of the
23owner or operator has been convicted of any violation of "The
24Controlled Substance, Drug, Device and Cosmetic Act," or of 18 
25Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
26or if the license has been revoked under section 481(c), its
27appeal shall not act as a supersedeas unless the reviewing
28authority determines otherwise upon sufficient cause shown. In
29any hearing on an application for a supersedeas under this
30section, the reviewing authority may consider, in addition to

1other relevant evidence, documentary evidence, including records
2of the bureau, showing the prior history of citations, fines,
3suspensions or revocations against the licensee; and the
4reviewing authority may also consider, in addition to other
5relevant evidence, evidence of any recurrence of the unlawful
6activity occurring between the date of the citation which is the
7subject of the appeal and the date of the hearing. If the
8reviewing authority is the board, no hearing shall be held on
9the application for a supersedeas; however, a decision shall be
10made based on the application, answer and documentary evidence
11under this subsection. If the application for a supersedeas is
12for a license that has been revoked under section 481(c), the
13reviewing authority shall grant the supersedeas only if it finds
14that the licensee will likely prevail on the merits. No penalty
15provided by this section shall be imposed for any violations
16provided for in this act unless the bureau notifies the licensee
17of its nature within thirty days of the completion of the
18investigation.

19* * *

20Section 5. Section 494(a) of the act, amended April 29, 1994
21(P.L.212, No.30), is amended to read:

22Section 494. Penalties.--(a) Any person who shall violate
23any of the provisions of this article, except as otherwise
24specifically provided, shall be guilty of a misdemeanor and,
25upon conviction thereof, shall be sentenced to pay a fine of not
26less than one hundred dollars ($100), nor more than five hundred
27dollars ($500), and on failure to pay such fine, to imprisonment
28for not less than one month, nor more than three months, and for
29any subsequent offense, shall be sentenced to pay a fine not
30less than three hundred dollars ($300), nor more than five

1hundred dollars ($500), and to undergo imprisonment for a period
2not less than three months, nor more than one year, or both. If
3the person, at or relating to the licensed premises, violates
4section 493(1), (10), (14), (16) or (21), or if the owner or
5operator of the licensed premises or any authorized agent of the
6owner or operator violates the act of April 14, 1972 (P.L.233,
7No.64), known as "The Controlled Substance, Drug, Device and
8Cosmetic Act," or 18 Pa.C.S. § 5902 (relating to prostitution
9and related offenses) or 6301 (relating to corruption of
10minors), he shall be sentenced to pay a fine not exceeding [five
11thousand dollars ($5,000)] ten thousand dollars ($10,000) or to
12undergo imprisonment for a period not less than three months,
13nor more than one year, or both.

14* * *

15Section <-2 6. This act shall take effect in 60 days.