PRINTER'S NO. 27
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
38
Session of
2023
INTRODUCED BY MUSTELLO, MARCH 7, 2023
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 7, 2023
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 applications for
hotel, restaurant and club liquor licenses and for
application for distributors', importing distributors' and
retail dispensers' licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 403(a) and 436(b) of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended
to read:
Section 403. Applications for Hotel, Restaurant and Club
Liquor Licenses.--(a) Every applicant for a hotel liquor
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license, restaurant liquor license or club liquor 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 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 where it is proposed to keep and sell liquor as may be
required by the regulations of the board. The descriptions,
information and plans referred to in this subsection shall show
the hotel, restaurant, club, or the proposed location for the
construction of a hotel, restaurant or club, 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, 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
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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 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. The
time between the approval of the initial application and
issuance of operating authority to the licensee shall be
considered as time in safekeeping. Failure to comply with these
requirements shall be considered cause for revocation 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.] unless the transfer application
is accompanied by a surcharge. The surcharge shall be fifteen
thousand dollars ($15,000) if the license is located in a county
of the first through third class. The surcharge shall be five
thousand dollars ($5,000) if the license is located in a county
of the fourth through eighth class.
* * *
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Section 436. Application for Distributors', Importing
Distributors' and Retail Dispensers' Licenses.--Application for
distributors', importing distributors' and retail dispensers'
licenses, or for the transfer of an existing license to another
premises not then licensed or to another person, shall contain
or have attached thereto the following information and
statements:
* * *
(b) The particular place for which the license is desired
and a detailed description thereof. The description, information
and plans referred to in this subsection shall show the premises
or the proposed location for the construction of the premises 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, eating place or club, 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. The licensee shall not
transact any business under the license until the board has
approved the completed physical alterations, improvements and
changes of the licensed premises or the completed construction
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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 premises meet the requirements for a
distributor's or importing distributor's license as set forth in
this act or that the establishment is an eating place, hotel or
club 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. The time between the approval of the
initial application and issuance of operating authority to the
licensee shall be considered as time in safekeeping. Failure to
comply with these requirements shall be considered cause for
revocation 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.] unless the
transfer application is accompanied by a surcharge. The
surcharge shall be fifteen thousand dollars ($15,000) if the
license is located in a county of the first through third class.
The surcharge shall be five thousand dollars ($5,000) if the
license is located in a county of the fourth through eighth
class.
* * *
Section 2. This act shall take effect in 60 days.
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