PRINTER'S NO. 2597
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1886
Session of
2019
INTRODUCED BY RAVENSTAHL, McNEILL, LONGIETTI, KULIK, DELLOSO,
MILLARD, CALTAGIRONE, DeLUCA, PYLE AND DEASY,
SEPTEMBER 25, 2019
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 25, 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, further providing for surrender of club
licenses for benefit of licensees and for surrender of
restaurant, eating place retail dispenser, hotel, importing
distributor and distributor license for benefit of licensee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 474 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is repealed:
[Section 474. Surrender of Club Licenses for Benefit of
Licensees.--Whenever a club license has been returned to the
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board for the benefit of the licensee due to the licensed
establishment not having been in operation for any reason
whatsoever for a period of time not exceeding fifteen days, the
license shall be held by the board for the benefit of the
licensee for a period of time not exceeding one year, or, upon
proper application to the board, for an additional year, and the
license shall be revoked at the termination of the period, and
transfer of the license shall not be permitted after the
termination of the period.]
Section 2. Section 474.1 heading, (a) and (g) of the act are
amended to read:
Section 474.1. Surrender of Restaurant, Eating Place Retail
Dispenser, Hotel, Club, Catering Club, Importing Distributor and
Distributor License for Benefit of Licensee.--(a) A restaurant,
eating place retail dispenser, hotel, club, catering club,
importing distributor and distributor licensee whose licensed
establishment is not in operation for fifteen consecutive days
shall return its license for safekeeping with the board no later
than at the expiration of the fifteen-day period. The license
may only be reissued from safekeeping in the manner set forth by
the board through regulation.
* * *
(g) (1) A licensee whose license is subject to this section
may, upon written request, apply to the board to allow the
license to remain in safekeeping for an additional one year. The
written request must be accompanied by a ten thousand dollar
($10,000) fee for licenses placed in safekeeping from counties
of the first class, second class, second class A, third class
and fourth class and a fee of five thousand dollars ($5,000) for
licenses placed in safekeeping from counties of the fifth
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through eighth classes[.], except that the fees for clubs and
catering clubs shall be five thousand dollars ($5,000) for
licenses placed in safekeeping from counties of the first class,
second class, second class A, third class and fourth class and
two thousand five hundred dollars ($2,500) for licenses placed
in safekeeping from counties of the fifth through eighth
classes. For each subsequent year in safekeeping, the fees set
forth in this paragraph shall be doubled over the amount charged
for the previous year's fee. No fee shall be required if the
licensee can prove that he or she is unable to use the license
through no fault of his or her own, including a fire, flood or
other event, which includes the inability to obtain an occupancy
permit for the licensed premises from a municipality, that
renders the licensed premises unusable. Factors such as another
business operating at the licensed premises, the licensed
business being no longer viable or other similar circumstances
shall not justify a fee waiver. The board shall approve the
request unless the license or licensee no longer meets the
requirements of this act or the board's regulations. The fee
collected shall be paid into the State Treasury through the
Department of Revenue into the State Store Fund.
(2) (Reserved).
Section 3. This act shall take effect in 60 days.
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