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PRINTER'S NO. 906
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
728
Session of
2019
INTRODUCED BY KEARNEY, SANTARSIERO, FARNESE, KILLION, BREWSTER
AND MENSCH, JUNE 7, 2019
REFERRED TO LAW AND JUSTICE, JUNE 7, 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 relating to liquor, alcohol and malt
and brewed beverages, providing for deed restrictions.
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 472.6. Deed Restrictions.--(a) The General Assembly
finds and declares as follows:
(1) The 21st Amendment to the Constitution of the United
States was passed by Congress on February 20, 1933, and ratified
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on December 5, 1933. The Supreme Court, in Granholm v. Heald ,
544 U.S. 460, 484 (2005), stated "The aim of the Twenty-first
Amendment was to allow States to maintain an effective and
uniform system for controlling liquor by regulating its
transportation, importation, and use."
(2) It is the public policy of this Commonwealth to exercise
its police powers for the protection of the public welfare,
health, peace and morals of the people of the Commonwealth as
more fully set forth in section 104.
(3) The purpose of a referendum held under section 472 is to
determine the will of the electors with respect to the granting
of various licenses or permits or to the establishment,
operation and maintenance of a liquor store.
(4) Many alcohol-related deed restrictions were added to
deeds prior to the enactment of this act and regulations
promulgated under this act.
(5) The provisions of this section relating to deed
restrictions are intended to give effect to a referendum that
passes by a majority vote under section 472 despite one or more
properties having an alcohol-related deed restriction that
pertains to the referendum question. The majority vote indicates
the will of the electors and changed circumstances within the
municipality where the referendum was held.
(6) This section is not intended to remove an alcohol-
related deed restriction from the property of an owner who does
not wish to have the restriction removed from his or her deed.
(b) A person may not enforce an alcohol-related deed
restriction on a property located within a municipality if all
of the following apply:
(1) A referendum held under section 472 within the
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municipality received a majority of "yes" votes.
(2) The alcohol-related deed restriction's initial recording
in the chain of title was prior to the year 1933.
(3) A portion of an alcohol-related deed restriction
prohibits the activities authorized as a result of the
referendum.
(c) An owner whose real property has a recorded alcohol-
related deed restriction that pertains to the referendum
question under section 472 need not execute an agreement for
release of the alcohol-related deed restriction and may retain
the alcohol-related deed restriction on the owner's property.
The retention shall only apply to that owner's property and
shall not impart or retain the owner's ability to enforce the
alcohol-related deed restriction on any other property within
the municipality or part of the municipality where the
referendum was held.
(d) An alcohol-related deed restriction that is
unenforceable under subsection (b) may not become enforceable as
a result of an subsequent referendum.
(e) 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:
"Alcohol-related deed restriction" shall mean a provision or
clause within a deed restriction that specifically restricts,
regulates or prohibits manufacturing, purchasing, selling,
dispensing, possessing, consuming, importing, transporting or
furnishing of alcoholic liquors, alcohol or malt and brewed
beverages. A deed restriction that generally precludes
commercial activity without reference to alcoholic liquors,
alcohol or malt or brewed beverages shall not be an alcohol-
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related deed restriction.
Section 2. This act shall take effect in 60 days.
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