Regular Session 2021-2022 House Bill 2467 P.N. 2912

PRINTER'S NO. 2912

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2467

Session of

2022

INTRODUCED BY O'NEAL, SMITH, ROTHMAN, BERNSTINE, GAYDOS,

MIHALEK, MOUL, MAJOR, KEEFER, RIGBY AND ROWE, MARCH 31, 2022

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 31, 2022

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

preliminary provisions, further providing for definitions;

and, in licenses and regulations relating to liquor, alcohol

and malt and brewed beverages, further providing for

applications for hotel, restaurant and club liquor licenses,

for issuance, transfer or extension of hotel, restaurant and

club liquor licenses, for license fees, for sale of malt or

brewed beverages by liquor licensees and for malt and brewed

beverages manufacturers', distributors' and importing

distributors' licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code, is amended by adding a

definition to read:

Section 102. Definitions.--The following words or phrases,

unless the context clearly indicates otherwise, shall have the

meanings ascribed to them in this section:

* * *

"Convenience store" shall mean a business that sells gasoline

products in conjunction with a convenience store that sells a

range of everyday items such as coffee, groceries, snack foods,

confectionery, soft drinks, tobacco products, over-the-counter

drugs, toiletries, newspapers, magazines and other consumer

products to customers.

* * *

Section 2. Section 403(a) of the act is amended to read:

Section 403. Applications for Hotel, Restaurant [and], Club

Liquor and Convenience Store Licenses.--(a) Every applicant for

a hotel liquor license, restaurant liquor license [or], club

liquor or convenience store license or for the transfer of an

existing license to another premises not then licensed or to

another person shall file a written application with the board

in such form and containing such information as the board shall

from time to time prescribe, which shall be accompanied by a

filing fee and an annual license fee as prescribed in section

614-A of the act of April 9, 1929 (P.L.177, No.175), known as

"The Administrative Code of 1929." Every such application shall

contain a description of that part of the hotel, restaurant

[or], club or convenience store for which the applicant desires

a license and shall set forth such other material information,

description or plan of that part of the hotel, restaurant [or],

club or convenience store where it is proposed to keep and sell

liquor as may be required by the regulations of the board. The

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descriptions, information and plans referred to in this

subsection shall show the hotel, restaurant, club, convenience

store or the proposed location for the construction of a hotel,

restaurant [or], club or convenience store, at the time the

application is made, and shall show any alterations proposed to

be made thereto, or the new building proposed to be constructed

after the approval by the board of the application for a license

or for the transfer of an existing license to another premises

not then licensed or to another person. No physical alterations,

improvements or changes shall be required to be made to any

hotel, restaurant [or], club or convenience store, nor shall any

new building for any such purpose, be required to be constructed

until approval of the application for license or for the

transfer of an existing license to another premises not then

licensed or to another person by the board. After approval of

the application, the licensee shall make the physical

alterations, improvements and changes to the licensed premises,

or shall construct the new building in the manner specified by

the board at the time of approval, and the licensee shall not

transact any business under the license until the board has

approved the completed physical alterations, improvements and

changes to the licensed premises, or the completed construction

of the new building as conforming to the specifications required

by the board at the time of issuance or transfer of the license,

and is satisfied that the establishment is a restaurant, hotel

[or], club or convenience store as defined by this act. The

board may require that all such alterations or construction or

conformity to definition be completed within six months from the

time of issuance or transfer of the license. Failure to comply

with these requirements shall be considered cause for revocation

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of the license. No such license shall be transferable between

the time of issuance or transfer of the license and the approval

of the completed alterations or construction by the board and

full compliance by the licensee with the requirements of this

act, except in the case of death of the licensee prior to full

compliance with all of the aforementioned requirements or unless

full compliance is impossible for reasons beyond the licensee's

control, in which event, the license may be transferred by the

board as provided in this act.

* * *

Section 3. Section 404(a) of the act, amended June 5, 2020

(P.L.213, No.29), is amended to read:

Section 404. Issuance, Transfer or Extension of Hotel,

Restaurant [and], Club Liquor and Convenience Store 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

or convenience store, 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 or convenience store, grant and issue to the

applicant a liquor license, and in the case of a club may, in

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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 facilities[:]

or convenience stores: And provided further, That the board's

authority to refuse to grant a license because of its proximity

to any other licensed premises shall not be applicable to

license applications submitted for a convenience store liquor

license: 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

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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

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

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

for a period of six months following said opening.

* * *

Section 4. Sections 405, 407 and 431 of the act are amended

by adding subsections to read:

Section 405. License Fees.--* * *

(b.1) License fees for a convenience store liquor license

shall be graduated according to the population of the

municipality as determined by the last preceding decennial

census of the United States in which the convenience store is

located, as prescribed in section 614-A of the act of April 9,

1929 (P.L.177, No.175), known as "The Administrative Code of

1929."

(b.2) Every applicant for a convenience store liquor license

shall pay to the board a one-time license fee of two thousand

five hundred dollars ($2,500) with an annual renewal fee of

seven hundred fifty dollars ($750).

* * *

Section 407. Sale of Malt or Brewed Beverages by Liquor

Licensees.--* * *

(a.1) (1) Every liquor license issued to a convenience

store under this subdivision (A) for the sale of beer shall

authorize the licensee to sell beer, malt or brewed beverages at

the same places but subject to the same restrictions and

penalties as apply to sales of liquor. Convenience store

licensees are authorized to sell malt or brewed beverages for

consumption off the premises and sold in quantities of not more

than one hundred ninety-two fluid ounces in a single sale to one

person. The sales must be made in closed containers.

(2) If a convenience store liquor license holder has an

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interior connection to another business that it operates, the

convenience store liquor license holder may use one or more of

the registers in the other business to sell beer, malt or brewed

beverages for off-premises consumption under the following

conditions:

(i) the building is eleven thousand square feet or less;

(ii) the registers are located in the same building as the

licensed premises;

(iii) the registers comply with the signage, staffing,

training, carding, scanning and prohibition on the sharing of

data provisions of section 415(a)(8) and (9); and

(iv) the board has been provided notice of compliance with

this paragraph by the convenience store liquor license holder,

including square footage of the building and the location of the

specific registers to be used prior to their use.

(3) The registers used under paragraph (2) shall be deemed

to be licensed areas but no formal application beyond notice to

the board shall be required.

* * *

Section 431. Malt and Brewed Beverages Manufacturers',

Distributors' and Importing Distributors' Licenses.--* * *

(b.2) The board shall issue to any reputable person who

applies therefor, and pays the license fee hereinafter

prescribed, a convenience store license for the place which such

person desires to maintain for the sale of beer, malt or brewed

beverages, not for consumption on the premises where sold, and

in quantities of not more than one hundred ninety-two fluid

ounces in a single sale to one person. 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

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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: And provided further, That, in the case of any new

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

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

or transfer if such place proposed to be licensed is within

three hundred feet of any church, hospital, charitable

institution, school or public playground. And provided further,

That the board shall refuse any application for a new license or

the transfer of any license to a new location if, in the board's

opinion, such new license or transfer 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. 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 require notice to be posted on the property or

premises upon which the licensee or proposed licensee will

engage in sales of malt or brewed beverages. This notice shall

be similar to the notice required of hotel, restaurant and club

liquor licensees.

Except as hereinafter provided, such convenience store

license shall authorize the holder thereof to sell or deliver

beer, malt or brewed beverages in quantities not more than one

hundred ninety-two fluid ounces in a single sale to one person

anywhere within this Commonwealth, which have been purchased

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from manufacturers or persons outside this Commonwealth engaged

in the legal sale of malt or brewed beverages or from

manufacturers or importing distributors licensed under this

article.

* * *

Section 5. This act shall take effect in 60 days.

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