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A01546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1048
Session of
2019
INTRODUCED BY KNOWLES, RYAN, SNYDER, QUINN, READSHAW, BERNSTINE,
KAUFFMAN, CIRESI, CAUSER, BARRAR, DUNBAR, MILLARD,
RAVENSTAHL, PICKETT, HILL-EVANS, MACKENZIE, CONKLIN,
F. KELLER, MURT, DeLUCA, JONES, DEASY, FARRY, SAINATO AND
KORTZ, APRIL 5, 2019
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 5, 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 for liquor, alcohol and malt and
brewed beverages, further providing for sale of malt or
brewed beverages by liquor licensees.
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
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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 for liquor, alcohol and malt and
brewed beverages, further providing for renewal of licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 407 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding a
subsection to read:
Section 407. Sale of Malt or Brewed Beverages by Liquor
Licensees.--* * *
(c) Notwithstanding any other provision of law, an
application for renewal or validation of a license under the
provisions of this article to a national veterans' organization
or a volunteer fire company shall not be subject to the
application surcharge.
Section 2. This act shall take effect in 60 days.
Section 1. Section 470(a) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, is amended to read:
Section 470. Renewal of Licenses; Temporary Provisions for
Licensees in Armed Service.--(a) All applications for
validation or renewal of licenses under the provisions of this
article shall be filed with tax clearance from the Department of
Revenue and the Department of Labor and Industry and requisite
license and filing fees[, and shall include an application
surcharge of seven hundred dollars ($700.00),] at least sixty
days before the expiration date of same: Provided, however, That
the board, in its discretion, may accept nunc pro tunc a renewal
application filed less than sixty days before the expiration
date of the license with the required fees, upon reasonable
cause shown and the payment of an additional filing fee of one
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hundred dollars ($100.00) for late filing: And provided further,
That except where the failure to file a renewal application on
or before the expiration date has created a license quota
vacancy after said expiration date which has been filled by the
issuance of a new license, after such expiration date, but
before the board has received a renewal application nunc pro
tunc within the time prescribed herein the board, in its
discretion, may, after hearing, accept a renewal application
filed within two years after the expiration date of the license
with the required fees upon the payment of an additional filing
fee of two hundred fifty dollars ($250.00) for late filing.
Where any such renewal application is filed less than sixty days
before the expiration date, or subsequent to the expiration
date, no license shall issue upon the filing of the renewal
application until the matter is finally determined by the board
and if an appeal is taken from the board's action the courts
shall not order the issuance of the renewal license until final
determination of the matter by the courts. 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 this section. A renewal application will not be considered
filed unless accompanied by the requisite filing and license
fees and any additional filing fee required by this section.
Unless the board shall have given ten days' previous notice to
the applicant of objections to the renewal of his license, based
upon violation by the licensee or his servants, agents or
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employes of any of the laws of the Commonwealth or regulations
of the board relating to the manufacture, transportation, use,
storage, importation, possession or sale of liquors, alcohol or
malt or brewed beverages, or the conduct of a licensed
establishment, or unless the applicant has by his own act become
a person of ill repute, or unless the premises do not meet the
requirements of this act or the regulations of the board, the
license of a licensee shall be renewed. Notwithstanding any
other provision of this act, a noise violation shall not be the
sole basis for objection by the board to the renewal of a
license unless the licensee has received six prior adjudicated
noise citations within a twenty-four-month period.
* * *
Section 2. This act shall take effect in 60 days.
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