PRINTER'S NO. 81
No. 72 Session of 1997
INTRODUCED BY BOYES, BELARDI, CIVERA, TIGUE, ROONEY, FARGO, PRESTON, HENNESSEY, CURRY, READSHAW AND JOSEPHS, JANUARY 28, 1997
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 28, 1997
AN ACT 1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as 2 reenacted, "An act relating to alcoholic liquors, alcohol and 3 malt and brewed beverages; amending, revising, consolidating 4 and changing the laws relating thereto; regulating and 5 restricting the manufacture, purchase, sale, possession, 6 consumption, importation, transportation, furnishing, holding 7 in bond, holding in storage, traffic in and use of alcoholic 8 liquors, alcohol and malt and brewed beverages and the 9 persons engaged or employed therein; defining the powers and 10 duties of the Pennsylvania Liquor Control Board; providing 11 for the establishment and operation of State liquor stores, 12 for the payment of certain license fees to the respective 13 municipalities and townships, for the abatement of certain 14 nuisances and, in certain cases, for search and seizure 15 without warrant; prescribing penalties and forfeitures; 16 providing for local option, and repealing existing laws," 17 further providing for license transfers. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Section 461(a) of the act of April 12, 1951 21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended 22 June 29, 1987 (P.L.32, No.14) and amended October 5, 1994 23 (P.L.522, No.77), is amended to read: 24 Section 461. Limiting Number of Retail Licenses To Be Issued 25 In Each Municipality.--(a) No licenses shall hereafter be
1 granted by the board for the retail sale of malt or brewed 2 beverages or the retail sale of liquor and malt or brewed 3 beverages in excess of one of such licenses of any class for 4 each three thousand inhabitants in any municipality, exclusive 5 of licenses granted to airport restaurants, municipal golf 6 courses, hotels, privately-owned public golf courses and units 7 of nonprofit nationally chartered clubs, as defined in this 8 section, whose applications are filed on or before December 31, 9 1994, and except those units falling under section 461.1, and 10 clubs; but at least one such license may be granted in each 11 municipality and in each part of a municipality where such 12 municipality is split so that each part thereof is separated by 13 another municipality, except in municipalities where the 14 electors have voted against the granting of any retail licenses 15 and except in that part of a split municipality where the 16 electors have voted against the granting of any retail licenses. 17 Nothing contained in this section shall be construed as denying 18 the right to the board to renew or to transfer existing retail 19 licenses of any class notwithstanding that the number of such 20 licensed places in a municipality shall exceed the limitation 21 hereinbefore prescribed; but where such number exceeds the 22 limitation prescribed by this section, no new license, except 23 for hotels, municipal golf courses, airport restaurants, 24 privately-owned public golf courses, privately-owned private 25 golf course licensees and units of nonprofit nationally 26 chartered clubs, as defined in this section, whose applications 27 are filed on or before December 31, 1994, and except those units 28 falling under section 461.1, shall be granted so long as said 29 limitation is exceeded; and in the case of transfers, no license 30 shall be transferred from one municipality to another 19970H0072B0081 - 2 -
1 municipality in which the number of licenses of the class 2 proposed to be transferred exceeds the license quota for such 3 municipality by more than twenty per centum. 4 * * * 5 Section 2. This act shall take effect in 60 days. L9L47WMB/19970H0072B0081 - 3 -