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                                                       PRINTER'S NO. 906

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 816 Session of 2001


        INTRODUCED BY GODSHALL, BUNT, CALTAGIRONE, CORRIGAN, DeLUCA,
           HARHAI, LAUGHLIN, LEDERER, MANDERINO, WILT, BISHOP AND
           HORSEY, FEBRUARY 26, 2001

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 26, 2001

                                     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     providing for the surrender of a license for benefit of the
    18     licensee.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The act of April 12, 1951 (P.L.90, No.21), known
    22  as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
    23  No.14), is amended by adding a section to read:
    24     Section 470.3.  Surrender of Restaurant License for Benefit
    25  of Licensee.--Whenever a restaurant license has been returned to


     1  the board for the benefit of the licensee due to the licensed
     2  establishment not having been in operation for a period of
     3  fifteen or more days, the license shall be held by the board for
     4  a period not to exceed two years. Upon the expiration of this
     5  period, the surrendered license shall be revoked by the board,
     6  unless an application for transfer of the license has been
     7  properly filed with the board prior to the expiration of that
     8  period. If the transfer application shall be withdrawn or if the
     9  transfer is not permitted by the board for any reason, the board
    10  may hold the license for an additional period of three months,
    11  whereupon the license shall be revoked unless another
    12  application for transfer has been properly filed prior to the
    13  expiration of this period.
    14     Section 2.  This act shall take effect in 60 days.











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