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A01578
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1497
Session of
2021
INTRODUCED BY JONES, MOUL, ZIMMERMAN, NEILSON, ROTHMAN, DOWLING,
PUSKARIC, HERSHEY AND ROWE, MAY 26, 2021
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MAY 26, 2021
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 renewal of licenses
and temporary provisions for licensees in armed service and
for rights of municipalities preserved.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 493.1(e)(1) and (2) of the act of April
12, 1951 (P.L.90, No.21), known as the Liquor Code, are amended
to read:
Section 1. Section 470(a)(1) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, amended June 5, 2020
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(P.L.213, No.29), is amended to read:
Section 470. Renewal of Licenses; Temporary Provisions for
Licensees in Armed Service.--(a) (1) All applications for
validation or renewal of licenses under the provisions of this
article shall be filed at least sixty days before the expiration
date of same, along with tax clearance from the Department of
Revenue and the Department of Labor and Industry, the requisite
license and filing fees, and, except as provided under paragraph
(2), shall include an application surcharge of seven hundred
dollars ($700.00): 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 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
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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 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] three prior adjudicated noise
citations within a twenty-four-month period.
* * *
Section 2. Section 493.1(e)(1) and (2) of the act are
amended and the subsection is amended by adding a paragraph to
read:
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Section 493.1 Rights of Municipalities Preserved.--* * *
(e) (1) Notwithstanding any other provision of law to the
contrary except as provided under paragraph (3), the holder of a
[limited winery] license under this act that is located in a
class 2A through 8 county may use or permit to be used inside or
outside of the licensed premises a loudspeaker or similar device
whereby the sound of music or other entertainment, or the
advertisement thereof, does not exceed 75 decibels beyond the
licensee's property line.
(2) The provisions of [subsection (a)] paragraph (1) shall
only apply:
(i) From ten o'clock antemeridian until [eight] ten nine
o'clock postmeridian on every day except Fridays and Saturdays;
and
(ii) From ten o'clock antemeridian until [ten] twelve
o'clock [postmeridian] antemeridian on Fridays or Saturdays.
* * *
(4) The Bureau of Liquor Control Enforcement of the
Pennsylvania State Police shall enforce the provisions of this
subsection.
Section 2. This act shall take effect in 60 days.
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