1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for limiting number of retail licenses to
18be issued in each county<-, for unlawful acts relative to 
19liquor, malt and brewed beverages and licensees and for 
20limited wineries.

21The General Assembly of the Commonwealth of Pennsylvania
22hereby enacts as follows:

<-23Section 1. Section 461(a) of the act of April 12, 1951
24(P.L.90, No.21), known as the Liquor Code, reenacted and amended
25June 29, 1987 (P.L.32, No.14) and amended October 24, 2012
26(P.L.1203, No.149), is amended to read:

<-1Section 1. Section 461(a), (b.1)(4), (7) and (8) and (b.2)
2of the act of April 12, 1951 (P.L.90, No.21), known as the
3Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
4No.14), amended February 21, 2002 (P.L.103, No.10), November 29,
52006 (P.L.1421, No.155) and October 24, 2012 (P.L.1203, No.149),
6are amended to read:

7Section 461. Limiting Number of Retail Licenses To Be Issued
8In Each County.--(a) No additional restaurant, eating place
9retail dispenser or club licenses shall be issued within a
10county if the total number of restaurant and eating place retail
11dispenser licenses is greater than one license for each three
12thousand inhabitants in the county, except the board may issue
13licenses to public venues, performing arts facilities,
14continuing care retirement communities, airport restaurants,
15municipal golf courses, hotels, privately-owned private golf
16courses, privately-owned public golf courses, racetracks,
17automobile racetracks, nonprimary pari-mutuel wagering
18locations, privately-owned ski resorts and to any other entity
19which this act specifically exempts from the limitations
20provided in this section, and the board may issue a license to a
21club situated in a borough having a population less than eight
22thousand inhabitants which is located in a county of the second
23class A whose application is filed on or before February 28,
242001. Furthermore, the board may issue a club license to a 
25volunteer fire company regardless of the number of restaurant 
26and eating place retail dispenser licenses already issued in 
27that county; provided that these new club licenses may not be 
28transferred from person to person, place to place or both. In
29addition, the board may issue an eating place retail dispenser
30license for on-premises sales only to the owner or operator of a

1facility having a minimum of a one-half mile asphalt track and
2having a permanent seating capacity of at least six thousand
3people used principally for holding automobile races, regardless
4of the number of restaurant and eating place retail dispenser
5licenses already issued in that county. When determining the
6number of restaurant and eating place retail dispenser licenses
7issued in a county for the purposes of this section, licenses
8exempted from this limitation and club licenses shall not be
9considered. Inhabitants of dry municipalities shall be
10considered when determining the population in a county. Licenses
11shall not be issued or transferred into municipalities where
12such licenses are prohibited pursuant to local referendum in
13accordance with section 472. Licenses approved for
14intermunicipal transfer may not be transferred from the
15receiving municipality for a period of five years after the date
16that the licensed premises are operational in the receiving
17municipality.

18* * *

19(b.1) The board may issue restaurant and eating place retail<-
20dispenser licenses and renew licenses issued under this
21subsection without regard to the quota restrictions set forth in
22subsection (a) for the purpose of economic development in a
23municipality under the following conditions:

24* * *

25(4) An applicant under this subsection shall be required to
26sell food and nonalcoholic beverages equal to [seventy per
27centum (70%)] fifty per centum (50%) or more of its combined
28gross sales of food and alcoholic beverages.

29* * *

30(7) An appeal of the board's decision refusing to grant or

1renew a license under this subsection shall not act as a
2supersedeas of the decision of the board if the decision is
3based, in whole or in part, on the licensee's failure to
4demonstrate that its food and nonalcoholic beverages were at
5least [seventy per centum (70%)] fifty per centum (50%) of its
6combined gross sales of food and alcoholic beverages.

7(8) A license issued under this subsection may not be
8validated or renewed unless the licensee can establish that its
9sale of food and nonalcoholic beverages during the license year
10immediately preceding application for validation or renewal is
11equal to [seventy per centum (70%)] fifty per centum (50%) or
12more of its food and alcoholic beverage sales.

13(b.2) Qualified applicants under subsection (b.1) shall
14receive a provisional license for one hundred twenty days,
15exclusive of periods of safekeeping. After ninety days from the
16date of issuance, the licensee may file an application for a
17permanent license. A license shall be issued if the licensee
18establishes that for ninety consecutive days from the date of
19initial issue its sales of food and nonalcoholic beverages is
20equal to at least [seventy per centum (70%)] fifty per centum 
21(50%) of its combined gross sales of food and alcoholic
22beverages. Licensees shall not be subject to citation by the
23Enforcement Bureau for a violation of the requirement that food
24and nonalcoholic beverages equal at least [seventy per centum
25(70%)] fifty per centum (50%) of the combined gross sales of
26food and alcoholic beverages during the provisional licensing
27period.

28* * *

29Section 2. Section 493(34) of the act, amended July 5, 2012 
30(P.L.1007, No.116), is amended to read:

1Section 493. Unlawful Acts Relative to Liquor, Malt and
2Brewed Beverages and Licensees.--The term "licensee," when used
3in this section, shall mean those persons licensed under the
4provisions of Article IV, unless the context clearly indicates
5otherwise.

6It shall be unlawful--

7* * *

8(34) Noise. Notwithstanding any law or regulation to the 
9contrary, a licensee, other than a limited winery licensed 
10pursuant to section 505.2, may not use or permit to be used 
11inside or outside of the licensed premises a loudspeaker or 
12similar device whereby the sound of music or other 
13entertainment, or the advertisement thereof, can be heard beyond 
14the licensee's property line; however, any licensee that is 
15located in an area which is subject to an exemption from the 
16board's regulation regarding amplified music being heard off the 
17licensed premises shall be exempt from compliance with this 
18paragraph until the expiration of the board's order granting the 
19exemption. The board's regulation regarding amplified music 
20being heard off the licensed premises is otherwise superseded by 
21this paragraph.

22Section 3. Section 505.2(a) of the act is amended by adding
23a paragraph to read:

24Section 505.2. Limited Wineries.--(a) In the interest of
25promoting tourism and recreational development in Pennsylvania,
26holders of a limited winery license may:

27* * *

28(7) Use, or permit to be used, inside or outside the
29licensed premises, a loudspeaker or similar device whereby the
30sound of music or other entertainment, or the advertisement

1thereof, can be heard; however, if the licensee is located in an
2area that is subject to a municipal ordinance regarding
3amplified music, the municipality may subject the licensee to
4that ordinance.

5* * *

6Section <-2 4. This act shall take effect in 60 days.