Regular Session 2019-2020 House Bill 1979 P.N. 2776

PRINTER'S NO. 2776

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1979

Session of

2019

INTRODUCED BY READSHAW, KULIK, McNEILL, HILL-EVANS, YOUNGBLOOD,

CALTAGIRONE AND DeLUCA, OCTOBER 23, 2019

REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 23, 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 issuance, transfer or

extension of hotel, restaurant and club liquor licenses, for

limiting number of retail licenses to be issued in each

county and for rights of municipalities preserved.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 404(a), 461(b.3) and 493.1(a) of the act

of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, are

amended to read:

Section 404. Issuance, Transfer or Extension of Hotel,

Restaurant and Club Liquor Licenses.--(a) Upon receipt of the

application and the proper fees, and upon being satisfied of the

truth of the statements in the application that the applicant

and management company or companies, if any, are the only

persons in any manner pecuniarily interested in the business so

asked to be licensed and that no other person will be in any

manner pecuniarily interested therein during the continuance of

the license, except as hereinafter permitted, and that the

applicant is a person of good repute, that the premises applied

for meet all the requirements of this act and the regulations of

the board, that the applicant seeks a license for a hotel,

restaurant or club, as defined in this act, and that the

issuance of such license is not prohibited by any of the

provisions of this act, the board shall, in the case of a hotel

or restaurant, grant and issue to the applicant a liquor

license, and in the case of a club may, in its discretion, issue

or refuse a license: Provided, however, That in the case of any

new license or the transfer of any license to a new location or

the extension of an existing license to cover an additional area

the board may, in its discretion, grant or refuse such new

license, transfer or extension if such place proposed to be

licensed is within three hundred feet of any church, hospital,

charitable institution, school, or public playground, or if such

new license, transfer or extension is applied for a place which

is within two hundred feet of any other premises which is

licensed by the board: And provided further, That the board's

authority to refuse to grant a license because of its proximity

to a church, hospital, charitable institution, public playground

or other licensed premises shall not be applicable to license

applications submitted for public venues or performing arts

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facilities: And provided further, That the board shall refuse

any application for a new license, the transfer of any license

to a new location or the extension of an existing license to

cover an additional area if, in the board's opinion, such new

license, transfer or extension would be detrimental to the

welfare, health, peace and morals of the inhabitants of the

neighborhood within a radius of five hundred feet of the place

proposed to be licensed: And provided further, That the board

shall have the discretion to refuse a license to any person or

to any corporation, partnership or association if such person,

or any officer or director of such corporation, or any member or

partner of such partnership or association shall have been

convicted or found guilty of a felony within a period of five

years immediately preceding the date of application for the said

license. The board shall not license the area where liquid fuels

or oil is sold. No sales of liquid fuels or oil may be made from

a licensee's licensed premises. A licensed premises may not have

an interior connection with a location that sells liquid fuels

or oil unless it first receives permission from the board for

the interior connection. The approval shall be required

regardless of whether the licensee or another party is the

entity selling the liquid fuels or oil. All issuances, transfers

or extensions under this section shall be subject to any maximum

saturation ratio established under section 493.1(a). The board

may enter into an agreement with the applicant concerning

additional restrictions on the license in question. If the board

and the applicant enter into such an agreement, such agreement

shall be binding on the applicant. Failure by the applicant to

adhere to the agreement will be sufficient cause to form the

basis for a citation under section 471 and for the nonrenewal of

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the license under section 470. If the board enters into an

agreement with an applicant concerning additional restrictions,

those restrictions shall be binding on subsequent holders of the

license until the license is transferred to a new location or

until the board enters into a subsequent agreement removing

those restrictions. If the application in question involves a

location previously licensed by the board, then any restrictions

imposed by the board on the previous license at that location

shall be binding on the applicant unless the board enters into a

new agreement rescinding those restrictions. The board may, in

its discretion, refuse an application for an economic

development license under section 461(b.1) or an application for

an intermunicipal transfer of a license if the board receives a

protest from the governing body of the receiving municipality.

The receiving municipality of an intermunicipal transfer or an

economic development license under section 461(b.1) may file a

protest against the transfer of a license into its municipality,

and the receiving municipality shall have standing in a hearing

to present testimony in support of or against the issuance or

transfer of a license. Upon any opening in any quota, an

application for a new license shall only be filed with the board

for a period of six months following said opening.

* * *

Section 461. Limiting Number of Retail Licenses To Be Issued

In Each County.--* * *

(b.3) An intermunicipal transfer of a license or issuance of

a license for economic development under subsection (b.1)(2)(i)

must first be approved by the governing body of the receiving

municipality when the total number of existing restaurant liquor

licenses and eating place retail dispenser licenses in the

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receiving municipality equal or exceed one license per three

thousand inhabitants. An intramunicipal transfer of a license or

issuance of a license for economic development under subsection

(b.1)(2)(i) must first be approved by the governing body of the

municipality if the municipality has created a maximum

saturation ratio under section 493.1(a) and the saturation level

is met or exceeded. Upon request for approval of an

intermunicipal transfer of a license or issuance of an economic

development license by an applicant, at least one public hearing

shall be held by the municipal governing body for the purpose of

receiving comments and recommendations of interested individuals

residing within the municipality concerning the applicant's

intent to transfer a license into the municipality or acquire an

economic development license from the Pennsylvania Liquor

Control Board. The governing body shall, within forty-five days

of a request for approval, render a decision by ordinance or

resolution to approve or disapprove the applicant's request for

an intermunicipal transfer of a license or issuance of an

economic development license. The municipality may approve the

request. A decision by the governing body of the municipality to

deny the request may not be appealed. A copy of the approval

must be submitted with the license application. The approval

requirement shall not apply to licenses transferred into a tax

increment district created pursuant to the act of July 11, 1990

(P.L.465, No.113), known as the "Tax Increment Financing Act,"

located in a township of the second class that is located within

a county of the second class if the district was created prior

to December 31, 2002, and the governing body of the township has

adopted an agreement at a public meeting that consents to the

transfer of licenses into the tax increment district. Failure by

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the governing body of the municipality to render a decision

within forty-five days of the applicant's request for approval

shall be deemed an approval of the application in terms as

presented unless the governing body has notified the applicant

in writing of their election for an extension of time not to

exceed sixty days. Failure by the governing body of the

municipality to render a decision within the extended time

period shall be deemed an approval of the application in terms

as presented.

* * *

Section 493.1. Rights of Municipalities Preserved.--(a)

Nothing in this act shall be construed to preempt the right of

any municipality to regulate zoning and enforce any other local

ordinances and codes dealing with health and welfare issues. A

municipality may, in any zoning district where licensed

facilities are permitted, establish a maximum saturation ratio

for licensed establishments taking into account one or more of

the following:

(1) type of licensed use;

(2) type of zoning district;

(3) the current saturation rate; and

(4) the size of the zoning district.

* * *

Section 2. This act shall take effect in 60 days.

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