PRINTER'S NO. 4329
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2848
Session of
2020
INTRODUCED BY MASSER, SCHMITT, TOEPEL, CAUSER, KAUFFMAN, JAMES,
ECKER, KNOWLES, HILL-EVANS, POLINCHOCK, SAINATO, COX,
PICKETT, ROWE, CIRESI, SCHLEGEL CULVER, INNAMORATO, DRISCOLL
AND MILLARD, SEPTEMBER 1, 2020
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 1, 2020
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 and
for malt and brewed beverages retail licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 404(a) and 432(d) of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code, amended June
5, 2020 (P.L. 213, No.29), are amended to read:
Section 404. Issuance, Transfer or Extension of Hotel,
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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, during the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the proclamation of disaster emergency, the
board's authority to refuse to grant a license because of its
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proximity to a church, hospital, charitable institution, school,
public playground or other licensed premises shall not be
applicable if the place proposed to be licensed is within one
hundred fifty feet of the church, hospital, charitable
institution, school, public playground or other licensed
premises: 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
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 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
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471 and for the nonrenewal of 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 432. Malt and Brewed Beverages Retail Licenses.--* *
*
(d) The board shall, in its discretion, grant or refuse any
new license, the transfer of any license to a new location or
the extension of an existing license to cover an additional area
if such place proposed to be licensed is within three hundred
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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. During the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the proclamation of disaster emergency, the board
may not refuse to grant a license because of its proximity to a
church, hospital, charitable institution, school, public
playground or other licensed premises if the place proposed to
be licensed is within fifty feet of the church, hospital,
charitable institution, school, public playground or other
licensed premises. 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 to be licensed. 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 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.
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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 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 may, in its discretion, refuse an application
for an economic development license under section 461(b.1) or an
application for an intermunicipal transfer or 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 approval for
issuance of a license for economic development or an
intermunicipal transfer of a license into its municipality, and
such 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 2. This act shall take effect immediately.
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