PRINTER'S NO. 1772
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1434
Session of
2019
INTRODUCED BY KENYATTA, HILL-EVANS, DEASY, MILLARD, KINSEY AND
MALAGARI, MAY 8, 2019
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 8, 2019
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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," in
licenses and regulations and liquor, alcohol and malt and
brewed beverages, providing for liquor code suspension for
deficiency; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, is amended by adding a section to read:
Section 470.4. Liquor Code Suspension for Deficiency.-- (a)
(1) If the board finds, through an inspection by a board
employe, that a licensee does not meet a requirement under this
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act or the board's regulations that renders the licensee
ineligible for the license, including instances when the
licensee no longer meets the seating, square footage, food,
health license or room requirements for the license, the board
may immediately impose an administrative suspension of the
operating privileges of the licensee and shall give written
notice to the licensee as to the exact deficiency observed. Upon
the licensee's request, the board shall conduct a reinspection
of the premises within five to ten business days of the request
to determine if the licensee is eligible for the license. If
deficiencies remain upon reinspection, a third or subsequent
inspection shall not be conducted at the same premises within
ten business days of the most recent reinspection. The operating
privileges shall remain suspended until the licensee can
establish to the board's satisfaction that the licensee is again
eligible for the license.
(2) An employe of the bureau, a county department of public
health or a county department of licenses and inspections or a
similar employe of the Commonwealth or a municipality of the
Commonwealth may notify the board of a deficiency found in a
licensee's eligibility to hold a license under paragraph (1).
(3) If the board finds, within twelve months of the
restoration of a licensee's operating privileges under paragraph
(1), through an inspection by a board employe that the licensee
fails to meet a requirement under this act or the board's
regulations that renders the licensee ineligible for the
license, a reinspection shall not be conducted at the same
premises within twenty days for a second occurrence or thirty
days for a third or subsequent occurrence.
(b) Section 464 and 42 Pa.C.S. § 933(a)(1)(v) (relating to
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appeals from government agencies) shall not apply to an
administrative suspension under subsection (a)(1). If the board
refuses to reinstate a suspended licensee's operating
privileges, the suspended licensee may request a hearing before
the Commonwealth Court under 42 Pa.C.S. § 761(a)(4) (relating to
original jurisdiction) solely on the issue of whether the
suspended licensee is eligible for reinstatement of operating
privileges. The Commonwealth Court shall hold a hearing within
ten days of the filing of the request for a hearing under this
subsection.
(c) An administrative suspension under subsection (a)(1)
shall be in addition to any other penalty provided by law.
(d) Other violations of this act or questions as to the
continued fitness of a licensee pursuant to section 470(a.1) or
471 shall continue to be addressed under the appropriate section
and not through the administrative suspension process under
subsections (a)(1) and (b).
(e) In addition to the enforcement powers and duties under
section 211(a), the bureau shall establish an inspection
schedule which provides for the inspection of a premises holding
either a restaurant liquor license or an eating place license
for compliance and issue citations for violations of this act
discovered during the inspection.
(f) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Bureau." The Bureau of Liquor Control Enforcement of the
Pennsylvania State Police.
"License." A license issued under this act.
"Licensee." A person who holds a license under this act.
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Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 470.4 of the act.
(2) Section 1799.6-E of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, is repealed.
Section 3. This act shall take effect immediately.
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