PRINTER'S NO. 261
No. 264 Session of 1999
INTRODUCED BY McNAUGHTON, SEMMEL, WILT, PESCI, SEYFERT,
BELFANTI, VAN HORNE, LAUGHLIN, TRELLO, JAMES, BELARDI,
BARRAR, MELIO, THOMAS, McCALL, WOJNAROSKI, SURRA, McGILL,
PETRARCA, L. I. COHEN AND DALEY, FEBRUARY 2, 1999
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 2, 1999
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 exclusions to the quota system.
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 June 18, 1998
23 (P.L.664, No.86), is amended to read:
24 Section 461. Limiting Number of Retail Licenses To Be Issued
1 In Each Municipality.--(a) No licenses shall hereafter be
2 granted by the board for the retail sale of malt or brewed
3 beverages or the retail sale of liquor and malt or brewed
4 beverages in excess of one of such licenses of any class for
5 each three thousand inhabitants in any municipality, exclusive
6 of licenses granted to airport restaurants, municipal golf
7 courses, hotels, privately-owned public golf courses, volunteer
8 fire companies located in second class townships or boroughs of
9 any third class county having a population of no more than two
10 hundred fifty thousand residents and units of nonprofit
11 nationally chartered clubs, as defined in this section, whose
12 applications are filed on or before December 31, 1998, and
13 except those units falling under section 461.1, and clubs; but
14 at least one such license may be granted in each municipality
15 and in each part of a municipality where such municipality is
16 split so that each part thereof is separated by another
17 municipality, except in municipalities where the electors have
18 voted against the granting of any retail licenses and except in
19 that part of a split municipality where the electors have voted
20 against the granting of any retail licenses. Nothing contained
21 in this section shall be construed as denying the right to the
22 board to renew or to transfer existing retail licenses of any
23 class notwithstanding that the number of such licensed places in
24 a municipality shall exceed the limitation hereinbefore
25 prescribed; but where such number exceeds the limitation
26 prescribed by this section, no new license, except for hotels,
27 municipal golf courses, airport restaurants, privately-owned
28 public golf courses, privately-owned private golf course
29 licensees and units of nonprofit nationally chartered clubs, as
30 defined in this section, whose applications are filed on or
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1 before December 31, 1998, and except those units falling under
2 section 461.1, shall be granted so long as said limitation is
3 exceeded.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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