PRIOR PRINTER'S NOS. 1843, 2613 PRINTER'S NO. 3090
No. 1519 Session of 2001
INTRODUCED BY REINARD, LEH, MARSICO, McILHINNEY, WILT AND
ADOLPH, MAY 3, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 12, 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 adding a definition; and DEFINITIONS; FURTHER PROVIDING FOR <--
18 SPECIAL OCCASION PERMITS; PROVIDING FOR SHIPMENT OF WINE INTO
19 THE COMMONWEALTH; FURTHER PROVIDING FOR GENERAL POWERS OF THE
20 BOARD, FOR SALES BY PENNSYLVANIA LIQUOR STORES, FOR
21 APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB LIQUOR LICENSES,
22 FOR PUBLIC VENUE LICENSE, FOR PERFORMING ARTS FACILITY
23 LICENSE; providing for malt and brewed beverages alternating
24 brewers' licenses; AND FURTHER PROVIDING FOR APPLICATION FOR <--
25 DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS'
26 LICENSES, FOR LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED
27 IN EACH COUNTY, FOR PLACES OF AMUSEMENT NOT TO BE LICENSED
28 AND PENALTY, FOR LICENSES NOT ASSIGNABLE AND TRANSFERS, FOR
29 REVOCATION AND SUSPENSION OF LICENSES AND FINES, FOR LOCAL
30 OPTION, FOR CLUBS, FOR PRIVATELY OWNED PUBLIC GOLF COURSES,
31 FOR ESTABLISHMENTS PROXIMATE TO INTERSTATE HIGHWAYS NOT TO BE
32 LICENSED, FOR APPLICANTS TO PROVIDE STATE TAX IDENTIFICATION
1 NUMBERS AND STATEMENT OF STATE TAX STATUS AND WAIVER OF
2 CONFIDENTIALITY OF INFORMATION IN THE POSSESSION OF THE
3 DEPARTMENT OF REVENUE AND OTHER DEPARTMENTS AND REVIEW OF
4 STATE TAX STATUS, FOR UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT
5 AND BREWED BEVERAGES AND LICENSEES, FOR IDENTIFICATION CARDS
6 AND LICENSEES AND STATE LIQUOR STORE EMPLOYEES SAVED FROM
7 PROSECUTION, FOR REPORTING OF WORTHLESS CHECKS, FOR UNLAWFUL
8 ADVERTISING AND FOR PREMISES TO BE VACATED BY PATRONS.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 102 of the act of April 12, 1951 (P.L.90, <--
12 No.21), known as the Liquor Code, reenacted and amended June 29,
13 1987 (P.L.32, No.14), is amended by adding a definition to read:
14 SECTION 1. THE DEFINITIONS OF "EATING PLACE," "PUBLIC VENUE" <--
15 AND "RESTAURANT" IN SECTION 102 OF THE ACT OF APRIL 12, 1951
16 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED
17 JUNE 29, 1987 (P.L.32, NO.14) AND AMENDED DECEMBER 20, 2000
18 (P.L.992, NO.141), ARE AMENDED AND THE SECTION IS AMENDED BY
19 ADDING DEFINITIONS TO READ:
20 Section 102. Definitions.--The following words or phrases,
21 unless the context clearly indicates otherwise, shall have the
22 meanings ascribed to them in this section:
23 * * *
24 "Alternating brewer" shall mean any person, association,
25 corporation or other business entity licensed by the board to
26 produce malt or brewed beverages at premises that are licensed
27 by another entity under a Pennsylvania manufacturer's license.
28 * * *
29 "AUTOMOBILE RACETRACK" SHALL MEAN A TRACK USED PRINCIPALLY <--
30 FOR HOLDING AUTOMOBILE RACES WHICH HAS A SEATING CAPACITY IN
31 EXCESS OF TWENTY-FIVE THOUSAND.
32 * * *
33 "COMBINATION PACKAGE" SHALL MEAN A PACKAGE CONSISTING OF
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1 LIQUOR OR ALCOHOL AND A NON-LIQUOR OR NON-ALCOHOL ITEM AS
2 PACKAGED BY THE MANUFACTURER OR ITS REPRESENTATIVE.
3 * * *
4 "DIRECT SHIPPER" SHALL MEAN A PERSON OUTSIDE THIS
5 COMMONWEALTH WHO OBTAINS A LICENSE FROM THE BOARD TO ACCEPT
6 ORDERS PLACED FOR WINE FROM WITHIN THIS COMMONWEALTH BY THE
7 INTERNET AND WHO SHIPS OR FACILITATES IN ANY WAY SHIPMENT OF
8 WINE BY A DELIVERY AGENT OR COMMON CARRIER TO A PENNSYLVANIA
9 LIQUOR STORE.
10 * * *
11 "EATING PLACE" SHALL MEAN A PREMISE WHERE FOOD IS REGULARLY
12 AND CUSTOMARILY PREPARED AND SOLD, HAVING A TOTAL AREA OF NOT
13 LESS THAN THREE HUNDRED SQUARE FEET AVAILABLE TO THE PUBLIC IN
14 ONE OR MORE ROOMS, OTHER THAN LIVING QUARTERS, AND EQUIPPED WITH
15 TABLES AND CHAIRS, INCLUDING BAR SEATS, ACCOMMODATING THIRTY
16 PERSONS AT ONE TIME.
17 * * *
18 "MANAGEMENT COMPANY" SHALL MEAN ANY ENTITY EMPLOYED OR
19 OTHERWISE CONTRACTED BY A LICENSEE TO OPERATE, MANAGE OR
20 SUPERVISE ALL OR PART OF THE OPERATION OF THE LICENSED PREMISES.
21 * * *
22 "PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION
23 CENTER, MUSEUM, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE PUBLIC
24 VENUE IS A CRUISE TERMINAL OWNED OR LEASED BY A PORT AUTHORITY
25 CREATED UNDER THE ACT OF JUNE 12, 1931 (P.L.575, NO.200),
26 ENTITLED "AN ACT PROVIDING FOR JOINT ACTION BY PENNSYLVANIA AND
27 NEW JERSEY IN THE DEVELOPMENT OF THE PORTS ON THE LOWER DELAWARE
28 RIVER, AND THE IMPROVEMENT OF THE FACILITIES FOR TRANSPORTATION
29 ACROSS THE RIVER; AUTHORIZING THE GOVERNOR, FOR THESE PURPOSES,
30 TO ENTER INTO AN AGREEMENT WITH NEW JERSEY; CREATING THE
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1 DELAWARE RIVER JOINT COMMISSION AND SPECIFYING THE POWERS AND
2 DUTIES THEREOF, INCLUDING THE POWER TO FINANCE PROJECTS BY THE
3 ISSUANCE OF REVENUE BONDS; TRANSFERRING TO THE NEW COMMISSION
4 ALL THE POWERS OF THE DELAWARE RIVER BRIDGE JOINT COMMISSION;
5 AND MAKING AN APPROPRIATION," IT SHALL HAVE NO PERMANENT SEATING
6 REQUIREMENT. IF THE PUBLIC VENUE IS AN OPEN-AIR AMPHITHEATER
7 OWNED BY A PORT AUTHORITY CREATED UNDER THE ACT OF DECEMBER 6,
8 1972 (P.L.1392, NO.298), KNOWN AS THE "THIRD CLASS CITY PORT
9 AUTHORITY ACT," IT SHALL HAVE NO PERMANENT SEATING REQUIREMENT.
10 IF THE PUBLIC VENUE IS OWNED BY A POLITICAL SUBDIVISION, A
11 MUNICIPAL AUTHORITY, THE COMMONWEALTH, AN AUTHORITY CREATED
12 UNDER THE ACT OF JULY 29, 1953 (P.L.1034, NO.270), KNOWN AS THE
13 "PUBLIC AUDITORIUM AUTHORITIES LAW," AN AUTHORITY CREATED UNDER
14 ARTICLE XXV-A OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230),
15 KNOWN AS THE "SECOND CLASS COUNTY CODE," AN ART MUSEUM
16 ESTABLISHED UNDER THE AUTHORITY OF THE ACT OF APRIL 6, 1791 (3
17 SM.L.20, NO.1536), ENTITLED "AN ACT TO CONFER ON CERTAIN
18 ASSOCIATIONS OF THE CITIZENS OF THIS COMMONWEALTH THE POWERS AND
19 IMMUNITIES OF CORPORATIONS, OR BODIES POLITIC IN LAW," OR AN
20 AUTHORITY CREATED UNDER ARTICLE XXIII (N) OR (O) OF THE ACT OF
21 AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE COUNTY CODE," IT
22 SHALL HAVE PERMANENT SEATING FOR AT LEAST ONE THOUSAND (1,000)
23 PEOPLE; OTHERWISE, IT SHALL HAVE PERMANENT SEATING FOR AT LEAST
24 [FIVE THOUSAND (5,000)] THREE THOUSAND (3,000) PEOPLE. THE TERM
25 SHALL ALSO MEAN ANY REGIONAL HISTORY CENTER, MULTIPURPOSE
26 CULTURAL AND SCIENCE FACILITY OR MUSEUM, REGARDLESS OF OWNER AND
27 SEATING CAPACITY, THAT HAS A FLOOR AREA OF AT LEAST SIXTY
28 THOUSAND (60,000) SQUARE FEET IN ONE BUILDING.
29 * * *
30 "RESTAURANT" SHALL MEAN A REPUTABLE PLACE OPERATED BY
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1 RESPONSIBLE PERSONS OF GOOD REPUTATION AND HABITUALLY AND
2 PRINCIPALLY USED FOR THE PURPOSE OF PROVIDING FOOD FOR THE
3 PUBLIC, THE PLACE TO HAVE AN AREA WITHIN A BUILDING OF NOT LESS
4 THAN FOUR HUNDRED SQUARE FEET, EQUIPPED WITH TABLES AND CHAIRS,
5 INCLUDING BAR SEATS, ACCOMMODATING AT LEAST THIRTY PERSONS AT
6 ONE TIME.
7 * * *
8 Section 2. The act is amended by adding a section to read: <--
9 SECTION 2. SECTION 207 OF THE ACT IS AMENDED BY ADDING A <--
10 SUBSECTION TO READ:
11 SECTION 207. GENERAL POWERS OF BOARD.--UNDER THIS ACT, THE
12 BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE:
13 * * *
14 (K) TO ISSUE GRANTS TO VARIOUS ENTITIES FOR ALCOHOL
15 EDUCATION AND PREVENTION EFFORTS.
16 SECTION 3. SECTION 305(A) OF THE ACT IS AMENDED TO READ:
17 SECTION 305. SALES BY PENNSYLVANIA LIQUOR STORES.--(A)
18 EVERY PENNSYLVANIA LIQUOR STORE SHALL KEEP IN STOCK FOR SALE
19 SUCH CLASSES, VARIETIES AND BRANDS OF LIQUOR AND ALCOHOL AS THE
20 BOARD SHALL PRESCRIBE. EVERY PENNSYLVANIA LIQUOR STORE SHALL BE
21 AUTHORIZED TO SELL COMBINATION PACKAGES. IF ANY PERSON SHALL
22 DESIRE TO PURCHASE ANY CLASS, VARIETY OR BRAND OF LIQUOR OR
23 ALCOHOL WHICH ANY SUCH STORE DOES NOT HAVE IN STOCK, IT SHALL BE
24 THE DUTY OF SUCH STORE IMMEDIATELY TO ORDER THE SAME UPON THE
25 PAYMENT OF A REASONABLE DEPOSIT BY THE PURCHASER IN SUCH
26 PROPORTION OF THE APPROXIMATE COST OF THE ORDER AS SHALL BE
27 PRESCRIBED BY THE REGULATIONS OF THE BOARD. NO PURCHASER MAY BE
28 REQUIRED TO PURCHASE MORE THAN TWO BOTTLES OR CONTAINERS OF THE
29 PRODUCT, PROVIDED THAT SUCH PRODUCT IS AVAILABLE THROUGH THE
30 STATE STORE SYSTEM. THE CUSTOMER SHALL BE NOTIFIED IMMEDIATELY
20010H1519B3090 - 5 -
1 UPON THE ARRIVAL OF THE GOODS.
2 IN COMPUTING THE RETAIL PRICE OF SUCH SPECIAL ORDERS FOR
3 LIQUOR OR ALCOHOL, THE BOARD SHALL NOT INCLUDE THE COST OF
4 FREIGHT OR SHIPPING BEFORE APPLYING THE MARK-UP AND TAXES BUT
5 SHALL ADD THE FREIGHT OR SHIPPING CHARGES TO THE PRICE AFTER THE
6 MARK-UP AND TAXES HAVE BEEN APPLIED.
7 UNLESS THE CUSTOMER PAYS FOR AND ACCEPTS DELIVERY OF ANY SUCH
8 SPECIAL ORDER WITHIN TEN DAYS AFTER NOTICE OF ARRIVAL, THE STORE
9 MAY PLACE IT IN STOCK FOR GENERAL SALE AND THE CUSTOMER'S
10 DEPOSIT SHALL BE FORFEITED.
11 * * *
12 SECTION 4. SECTION 403(A) OF THE ACT, AMENDED DECEMBER 21,
13 1998 (P.L.1202, NO.155), IS AMENDED TO READ:
14 SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
15 LIQUOR LICENSES.--(A) EVERY APPLICANT FOR A HOTEL LIQUOR
16 LICENSE, RESTAURANT LIQUOR LICENSE OR CLUB LIQUOR LICENSE OR FOR
17 THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
18 LICENSED OR TO ANOTHER PERSON SHALL FILE A WRITTEN APPLICATION
19 WITH THE BOARD IN SUCH FORM AND CONTAINING SUCH INFORMATION AS
20 THE BOARD SHALL FROM TIME TO TIME PRESCRIBE, WHICH SHALL BE
21 ACCOMPANIED BY A FILING FEE AND AN ANNUAL LICENSE FEE AS
22 PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929
23 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
24 EVERY SUCH APPLICATION SHALL CONTAIN A DESCRIPTION OF THAT PART
25 OF THE HOTEL, RESTAURANT OR CLUB FOR WHICH THE APPLICANT DESIRES
26 A LICENSE AND SHALL SET FORTH SUCH OTHER MATERIAL INFORMATION,
27 DESCRIPTION OR PLAN OF THAT PART OF THE HOTEL, RESTAURANT OR
28 CLUB WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE
29 REQUIRED BY THE REGULATIONS OF THE BOARD. THE DESCRIPTIONS,
30 INFORMATION AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW
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1 THE HOTEL, RESTAURANT, CLUB, OR THE PROPOSED LOCATION FOR THE
2 CONSTRUCTION OF A HOTEL, RESTAURANT OR CLUB, AT THE TIME THE
3 APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO
4 BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED
5 AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE
6 OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES
7 NOT THEN LICENSED OR TO ANOTHER PERSON. NO PHYSICAL ALTERATIONS,
8 IMPROVEMENTS OR CHANGES SHALL BE REQUIRED TO BE MADE TO ANY
9 HOTEL, RESTAURANT OR CLUB, NOR SHALL ANY NEW BUILDING FOR ANY
10 SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL APPROVAL OF
11 THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF AN EXISTING
12 LICENSE TO ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER
13 PERSON BY THE BOARD. AFTER APPROVAL OF THE APPLICATION, THE
14 LICENSEE SHALL MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND
15 CHANGES TO THE LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW
16 BUILDING IN THE MANNER SPECIFIED BY THE BOARD AT THE TIME OF
17 APPROVAL, AND THE LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER
18 THE LICENSE UNTIL THE BOARD HAS APPROVED THE COMPLETED PHYSICAL
19 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
20 OR THE COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING
21 TO THE SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF
22 ISSUANCE OR TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE
23 ESTABLISHMENT IS A RESTAURANT, HOTEL OR CLUB AS DEFINED BY THIS
24 ACT. THE BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR
25 CONSTRUCTION OR CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX
26 MONTHS FROM THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE.
27 FAILURE TO COMPLY WITH THESE REQUIREMENTS SHALL BE CONSIDERED
28 CAUSE FOR REVOCATION OF THE LICENSE. NO SUCH LICENSE SHALL BE
29 TRANSFERABLE BETWEEN THE TIME OF ISSUANCE OR TRANSFER OF THE
30 LICENSE AND THE APPROVAL OF THE COMPLETED ALTERATIONS OR
20010H1519B3090 - 7 -
1 CONSTRUCTION BY THE BOARD AND FULL COMPLIANCE BY THE LICENSEE
2 WITH THE REQUIREMENTS OF THIS ACT, EXCEPT IN THE CASE OF DEATH
3 OF THE LICENSEE PRIOR TO FULL COMPLIANCE WITH ALL OF THE
4 AFOREMENTIONED REQUIREMENTS, UNLESS FULL COMPLIANCE IS
5 IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S CONTROL, IN WHICH
6 EVENT, THE LICENSE MAY BE TRANSFERRED BY THE BOARD AS PROVIDED
7 IN THIS ACT.
8 * * *
9 SECTION 5. SECTION 408.4(A) OF THE ACT, AMENDED NOVEMBER 10,
10 1999 (P.L.514, NO.47), IS AMENDED TO READ:
11 SECTION 408.4. SPECIAL OCCASION PERMITS.--(A) UPON
12 APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE
13 COMPANY, VOLUNTEER AMBULANCE COMPANY, VOLUNTEER RESCUE SQUAD,
14 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE
15 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
16 501(C)(3)) WHOSE PURPOSE IS TO PROTECT THE ARCHITECTURAL
17 HERITAGE OF BOROUGHS, AND WHICH HAS BEEN RECOGNIZED AS SUCH BY A
18 MUNICIPAL RESOLUTION, UNIT OF A NATIONALLY CHARTERED CLUB WHICH
19 HAS BEEN ISSUED A CLUB LIQUOR LICENSE, NONPROFIT AGRICULTURAL
20 ASSOCIATION IN EXISTENCE FOR AT LEAST TEN YEARS, BONA FIDE
21 SPORTSMEN'S CLUB IN EXISTENCE FOR AT LEAST TEN YEARS, NATIONALLY
22 CHARTERED VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR
23 SUBDIVISION OF SUCH ORGANIZATION, FRATERNAL BENEFIT SOCIETY THAT
24 IS LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY
25 AFFILIATED LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT
26 SOCIETY, OR ONE AUXILIARY OF ANY OF THE FOREGOING, AND UPON
27 PAYMENT OF THE PRESCRIBED FEE FOR SPECIAL OCCASION PERMITS UNDER
28 SECTION 614-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
29 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," THE BOARD SHALL
30 ISSUE A SPECIAL OCCASION PERMIT GOOD FOR A PERIOD OF NOT MORE
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1 THAN SIX CONSECUTIVE OR NONCONSECUTIVE DAYS DURING A CALENDAR
2 YEAR. SPECIAL OCCASION PERMITS MAY ALSO BE ISSUED TO A MUSEUM
3 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS
4 OR TOWNSHIP OF THE FIRST CLASS OR A NONPROFIT CORPORATION
5 ENGAGED IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS OR
6 IN AN INCORPORATED TOWN OR TO AN ARTS COUNCIL OR TO A NONPROFIT
7 CORPORATION THAT OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY
8 OF THE THIRD CLASS IN A COUNTY OF THE FOURTH CLASS FOR A PERIOD
9 OF NOT MORE THAN SIX NONCONSECUTIVE OR TEN CONSECUTIVE DAYS AT
10 THE PRESCRIBED FEE FOR SPECIAL OCCASION PERMITS UNDER SECTION
11 614-A OF "THE ADMINISTRATIVE CODE OF 1929."
12 * * *
13 SECTION 6. SECTIONS 412(B), (D), (E) AND (F) AND 413(D), (E)
14 AND (G) OF THE ACT, ADDED DECEMBER 20, 2000 (P.L.992, NO.141),
15 ARE AMENDED TO READ:
16 SECTION 412. PUBLIC VENUE LICENSE.--* * *
17 (B) AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE UNDER
18 THIS SECTION MAY BE MADE BY THE OWNER OF THE PUBLIC VENUE, [A
19 NONPROFIT CORPORATION OPERATING] THE OPERATOR OF THE PUBLIC
20 VENUE OR BY A CONCESSIONAIRE DESIGNATED BY THE GOVERNING BODY OF
21 EITHER THE OWNER OF THE PUBLIC VENUE OR THE [NONPROFIT
22 CORPORATION] OPERATOR. THE APPLICATION AND ISSUANCE OF THE
23 LICENSE IS SUBJECT TO SECTIONS 403 AND 404 UNLESS OTHERWISE
24 STATED. THE LICENSING PERIOD SHALL BE AS SET FORTH BY THE BOARD
25 UNDER SECTION 402. THE APPLICATION, RENEWAL AND FILING FEES
26 SHALL BE AS PRESCRIBED IN SECTION 614-A(25) OF THE ACT OF APRIL
27 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF
28 1929." [FOR THE PURPOSES OF THIS SECTION, A NONPROFIT
29 CORPORATION IS AN ENTITY INCORPORATED UNDER THE NONPROFIT
30 CORPORATION LAWS FOR THE PURPOSE OF BENEFITING THE PUBLIC AND
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1 NOT FOR THE PURPOSE OF BENEFITING ITS MEMBERS.]
2 * * *
3 (D) LICENSES UNDER THIS SECTION SHALL EXPIRE UPON: (1)
4 REVOCATION BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471; (2)
5 NONRENEWAL BY THE BOARD UNDER SECTION 470; (3) NONRENEWAL OF THE
6 LICENSE BY THE LICENSE HOLDER; (4) TERMINATION OF THE CONTRACT
7 BETWEEN THE OWNER OF THE PUBLIC VENUE AND ITS CONCESSIONAIRE; OR
8 (5) TERMINATION OF THE CONTRACT BETWEEN [A NONPROFIT
9 CORPORATION] AN OPERATOR AND ITS CONCESSIONAIRE.
10 * * *
11 (E) THE BOARD MAY ISSUE A LICENSE UNDER THIS SECTION AT ANY
12 TIME TO A NEW APPLICANT EVEN IF THE PREVIOUS LICENSE HAD: (1)
13 BEEN REVOKED BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471;
14 (2) NOT BEEN RENEWED BY THE BOARD UNDER SECTION 470; (3) NOT
15 BEEN RENEWED BY THE LICENSE HOLDER; (4) EXPIRED BECAUSE OF THE
16 TERMINATION OF THE CONTRACT BETWEEN THE OWNER OF THE PUBLIC
17 VENUE AND ITS CONCESSIONAIRE; OR (5) EXPIRED BECAUSE OF THE
18 TERMINATION OF THE CONTRACT BETWEEN [THE NONPROFIT CORPORATION]
19 AN OPERATOR AND ITS CONCESSIONAIRE.
20 (F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED
21 RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL
22 RESTRICTIONS AND PRIVILEGES APPLY:
23 (1) SALES MAY ONLY BE MADE ONE HOUR BEFORE, DURING AND ONE
24 HOUR AFTER ANY ATHLETIC PERFORMANCE, PERFORMING ARTS EVENT,
25 TRADE SHOW, CONVENTION, BANQUET OR ANY OTHER PERFORMANCE AT THE
26 FACILITY; HOWEVER, SALES MAY NOT BE MADE FROM TWO O'CLOCK
27 ANTEMERIDIAN TO SEVEN O'CLOCK ANTEMERIDIAN. IN ADDITION, SALES
28 MAY NOT OCCUR PRIOR TO ELEVEN O'CLOCK ANTEMERIDIAN ON SUNDAYS OR
29 SEVEN O'CLOCK ANTEMERIDIAN ON MONDAYS. NOTWITHSTANDING THIS
30 SECTION, FACILITIES THAT HAD BEEN LICENSED UNDER FORMER SECTIONS
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1 408.9 AND 408.14 MAY SELL LIQUOR AND/OR MALT OR BREWED BEVERAGES
2 ANYTIME EXCEPT FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN O'CLOCK
3 ANTEMERIDIAN OR PRIOR TO ELEVEN O'CLOCK ANTEMERIDIAN ON SUNDAYS
4 OR SEVEN O'CLOCK ANTEMERIDIAN ON MONDAYS, REGARDLESS OF WHETHER
5 THERE IS A PERFORMANCE AT THE FACILITY.
6 (2) SALES OF ALCOHOLIC BEVERAGES BEFORE, DURING AND AFTER
7 ALL PROFESSIONAL AND AMATEUR ATHLETIC EVENTS ON THE PREMISES
8 SHALL BE LIMITED TO SALES OF MALT OR BREWED BEVERAGES IN
9 SHATTERPROOF CONTAINERS. SALES OF ALCOHOLIC BEVERAGES BEFORE,
10 DURING AND AFTER PERFORMING ARTS EVENTS OR OTHER ENTERTAINMENT
11 EVENTS MAY CONSIST OF LIQUOR OR MALT OR BREWED BEVERAGES IN
12 SHATTERPROOF CONTAINERS. SALES DURING TRADE SHOWS, CONVENTIONS,
13 BANQUETS OR AT OTHER EVENTS, OR SALES MADE IN THE CLUB SEATS OR
14 AT A RESTAURANT FACILITY, MAY CONSIST OF LIQUOR OR MALT OR
15 BREWED BEVERAGES IN ANY TYPE OF CONTAINER; HOWEVER, ANY LIQUOR
16 OR MALT OR BREWED BEVERAGES SOLD IN THE CLUB SEATS OR RESTAURANT
17 FACILITY MUST REMAIN IN THE CLUB SEATING LEVEL OR RESTAURANT
18 FACILITY. FOR PURPOSES OF THIS SECTION, A CLUB SEAT IS ANY
19 SEATING LOCATED ON THE DESIGNATED CLUB SEATING LEVEL AND
20 PARTITIONED FROM GENERAL SEATING BY A WALL, DIVIDER, PARTIAL
21 WALL OR RAILING. THE CLUB SEATING LEVEL MUST NOT BE ACCESSIBLE
22 BY THE GENERAL PUBLIC. THE BOARD'S RECORDS SHALL CLEARLY
23 DELINEATE WHERE THE SALE OF LIQUOR OR MALT OR BREWED BEVERAGES
24 IN ANY TYPE OF CONTAINER MAY OCCUR.
25 (3) SALES OF MALT OR BREWED BEVERAGES FOR OFF-PREMISES
26 CONSUMPTION ARE PROHIBITED.
27 (4) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT
28 TO: (I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (II)
29 THE QUOTA RESTRICTIONS OF SECTION 461; [(III) THE PROVISIONS OF
30 SECTION 463;] (IV) THE PROVISIONS OF SECTION 493(10) EXCEPT AS
20010H1519B3090 - 11 -
1 THEY RELATE TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT; AND (V)
2 THE PROHIBITION AGAINST MINORS FREQUENTING AS DESCRIBED IN
3 SECTION 493(14). IN ADDITION, LICENSES ISSUED UNDER THIS SECTION
4 SHALL NOT BE SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN
5 SECTION 102.
6 SECTION 413. PERFORMING ARTS FACILITY LICENSE.--* * *
7 (D) LICENSES UNDER THIS SECTION SHALL EXPIRE UPON: (1)
8 REVOCATION BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471; (2)
9 NONRENEWAL BY THE BOARD UNDER SECTION 470; (3) NONRENEWAL OF THE
10 LICENSE BY THE LICENSE HOLDER; OR (4) TERMINATION OF THE
11 CONTRACT BETWEEN THE [OWNER] OPERATOR OF THE [PUBLIC VENUE]
12 PERFORMING ARTS FACILITIES AND ITS CONCESSIONAIRE[; OR (5)
13 TERMINATION OF THE CONTRACT BETWEEN A CORPORATION AND ITS
14 CONCESSIONAIRE].
15 (E) THE BOARD MAY ISSUE A LICENSE UNDER THIS SECTION AT ANY
16 TIME TO A NEW APPLICANT EVEN IF THE PREVIOUS LICENSE HAD: (1)
17 BEEN REVOKED BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471;
18 (2) NOT BEEN RENEWED BY THE BOARD UNDER SECTION 470; (3) NOT
19 BEEN RENEWED BY THE LICENSE HOLDER; OR (4) EXPIRED BECAUSE OF
20 THE TERMINATION OF THE CONTRACT BETWEEN THE [OWNER] OPERATOR OF
21 THE [PUBLIC VENUE] PERFORMING ARTS FACILITIES AND ITS
22 CONCESSIONAIRE[; OR (5) EXPIRED BECAUSE OF THE TERMINATION OF
23 THE CONTRACT BETWEEN THE CORPORATION AND ITS CONCESSIONAIRE].
24 * * *
25 (G) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT
26 TO: (1) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (2)
27 THE QUOTA RESTRICTIONS OF SECTION 461; [(3) THE PROVISIONS OF
28 SECTION 463;] (4) THE PROVISIONS OF SECTION 493(10) EXCEPT AS
29 THEY RELATE TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT; AND (5)
30 THE PROHIBITIONS AGAINST MINORS FREQUENTING AS DESCRIBED IN
20010H1519B3090 - 12 -
1 SECTION 493(14). IN ADDITION, LICENSES ISSUED UNDER THIS SECTION
2 SHALL NOT BE SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN
3 SECTION 102.
4 * * *
5 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
6 Section 431.1. Malt and Brewed Beverages Alternating
7 Brewers' Licenses.--(a) The board shall be authorized to issue
8 an alternating brewer's license to qualified entities. In order
9 to qualify for the alternating brewer's license, the applicant
10 must demonstrate that it holds a Federal brewer's notice
11 registration issued for a premises within this Commonwealth and
12 meet all the qualifications imposed on the holder of a malt and
13 brewed beverage manufacturer's license.
14 (b) The holder of an alternating brewer's license shall have
15 all the rights and be subject to the same conditions and
16 qualifications as those imposed on holders of a malt or brewed
17 beverage manufacturer's license except as set forth in this
18 section.
19 (c) The holder of an alternating brewer's license is not
20 required to maintain separate manufacturing premises; rather,
21 the alternating brewer's license shall be valid at premises that
22 are licensed by another entity under a Pennsylvania
23 manufacturer's license. The holder of an alternating brewer's
24 license shall not be entitled to the limited tax credit
25 available under section 2010 of the act of March 4, 1971 (P.L.6,
26 No.2), known as the "Tax Reform Code of 1971."
27 (d) Malt and brewed beverages manufactured under the
28 authority of an alternating brewer's license must be distributed
29 in this Commonwealth only through specific importing
30 distributors who shall first have been given distributor rights
20010H1519B3090 - 13 -
1 for such products in designated geographical areas through the
2 distribution system required for out-of-State manufacturers
3 under section 431(b) as well as all other pertinent sections of
4 this act. The alternating brewer must comply with section 444.
5 (e) The application, renewal and filing fees for a malt and
6 brewed beverages alternating brewer's license shall be as
7 prescribed in section 614-A(10) of the act of April 9, 1929
8 (P.L.177, No.175), known as "The Administrative Code of 1929."
9 SECTION 8. SECTION 436(B) OF THE ACT, AMENDED APRIL 29, 1994 <--
10 (P.L.212, NO.30), IS AMENDED TO READ:
11 SECTION 436. APPLICATION FOR DISTRIBUTORS', IMPORTING
12 DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES.--APPLICATION FOR
13 DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS'
14 LICENSES, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER
15 PREMISES NOT THEN LICENSED, SHALL CONTAIN OR HAVE ATTACHED
16 THERETO THE FOLLOWING INFORMATION AND STATEMENTS:
17 * * *
18 (B) THE PARTICULAR PLACE FOR WHICH THE LICENSE IS DESIRED
19 AND A DETAILED DESCRIPTION THEREOF. THE DESCRIPTION, INFORMATION
20 AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW THE PREMISES
21 OR THE PROPOSED LOCATION FOR THE CONSTRUCTION OF THE PREMISES AT
22 THE TIME THE APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS
23 PROPOSED TO BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE
24 CONSTRUCTED AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION
25 FOR A LICENSE, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO
26 ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER PERSON. NO
27 PHYSICAL ALTERATIONS, IMPROVEMENTS OR CHANGES SHALL BE REQUIRED
28 TO BE MADE TO ANY HOTEL, EATING PLACE OR CLUB, NOR SHALL ANY NEW
29 BUILDING FOR ANY SUCH PURPOSE BE REQUIRED TO BE CONSTRUCTED
30 UNTIL APPROVAL OF THE APPLICATION FOR LICENSE OR FOR THE
20010H1519B3090 - 14 -
1 TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
2 LICENSED OR TO ANOTHER PERSON BY THE BOARD. AFTER APPROVAL OF
3 THE APPLICATION, THE LICENSEE SHALL MAKE THE PHYSICAL
4 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES,
5 OR SHALL CONSTRUCT THE NEW BUILDING IN THE MANNER SPECIFIED BY
6 THE BOARD AT THE TIME OF APPROVAL. THE LICENSEE SHALL NOT
7 TRANSACT ANY BUSINESS UNDER THE LICENSE UNTIL THE BOARD HAS
8 APPROVED THE COMPLETED PHYSICAL ALTERATIONS, IMPROVEMENTS AND
9 CHANGES OF THE LICENSED PREMISES OR THE COMPLETED CONSTRUCTION
10 OF THE NEW BUILDING AS CONFORMING TO THE SPECIFICATIONS REQUIRED
11 BY THE BOARD AT THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE
12 AND IS SATISFIED THAT THE PREMISES MEET THE REQUIREMENTS FOR A
13 DISTRIBUTOR'S OR IMPORTING DISTRIBUTOR'S LICENSE AS SET FORTH IN
14 THIS ACT OR THAT THE ESTABLISHMENT IS AN EATING PLACE, HOTEL OR
15 CLUB AS DEFINED BY THIS ACT. THE BOARD MAY REQUIRE THAT ALL SUCH
16 ALTERATIONS OR CONSTRUCTION OR CONFORMITY TO DEFINITION BE
17 COMPLETED WITHIN SIX MONTHS FROM THE TIME OF ISSUANCE OR
18 TRANSFER OF THE LICENSE. FAILURE TO COMPLY WITH THESE
19 REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION OF THE
20 LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN THE TIME
21 OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL OF THE
22 COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND FULL
23 COMPLIANCE BY THE LICENSEE WITH THE REQUIREMENTS OF THIS ACT,
24 EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL
25 COMPLIANCE WITH ALL OF THE AFOREMENTIONED REQUIREMENTS, UNLESS
26 FULL COMPLIANCE IS IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S
27 CONTROL, IN WHICH EVENT THE LICENSE MAY BE TRANSFERRED BY THE
28 BOARD AS PROVIDED IN THIS ACT.
29 SECTION 9. SECTION 461(A), (B.1), (B.2), (B.3) AND (E.1),
30 AMENDED OR ADDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE
20010H1519B3090 - 15 -
1 AMENDED TO READ:
2 SECTION 461. LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED
3 IN EACH COUNTY.--(A) NO ADDITIONAL RESTAURANT, EATING PLACE
4 RETAIL DISPENSER OR CLUB LICENSES SHALL BE ISSUED WITHIN A
5 COUNTY IF THE TOTAL NUMBER OF RESTAURANT AND EATING PLACE RETAIL
6 DISPENSER LICENSES IS GREATER THAN ONE LICENSE FOR EACH THREE
7 THOUSAND INHABITANTS IN THE COUNTY, EXCEPT THE BOARD MAY ISSUE
8 LICENSES TO PUBLIC VENUES, PERFORMING ARTS FACILITIES, AIRPORT
9 RESTAURANTS, MUNICIPAL GOLF COURSES, HOTELS, PRIVATELY-OWNED
10 PRIVATE GOLF COURSES, PRIVATELY-OWNED PUBLIC GOLF COURSES,
11 RACETRACKS, AUTOMOBILE RACETRACKS, NONPRIMARY PARI-MUTUEL
12 WAGERING LOCATIONS AND TO ANY OTHER ENTITY WHICH THIS ACT
13 SPECIFICALLY EXEMPTS FROM THE LIMITATIONS PROVIDED IN THIS
14 SECTION, AND THE BOARD MAY ISSUE A LICENSE TO A CLUB SITUATED IN
15 A BOROUGH HAVING A POPULATION LESS THAN EIGHT THOUSAND
16 INHABITANTS WHICH IS LOCATED IN A COUNTY OF THE SECOND CLASS A
17 WHOSE APPLICATION IS FILED ON OR BEFORE FEBRUARY 28, 2001. IN
18 ADDITION, THE BOARD MAY ISSUE AN EATING PLACE RETAIL DISPENSER
19 LICENSE FOR ON-PREMISES SALES ONLY TO THE OWNER OR OPERATOR OF A
20 FACILITY HAVING A MINIMUM OF A ONE-HALF MILE ASPHALT TRACK AND
21 HAVING A PERMANENT SEATING CAPACITY OF AT LEAST SIX THOUSAND
22 PEOPLE USED PRINCIPALLY FOR HOLDING AUTOMOBILE RACES, REGARDLESS
23 OF THE NUMBER OF RESTAURANT AND EATING PLACE RETAIL DISPENSER
24 LICENSES ALREADY ISSUED IN THAT COUNTY. WHEN DETERMINING THE
25 NUMBER OF RESTAURANT AND EATING PLACE RETAIL DISPENSER LICENSES
26 ISSUED IN A COUNTY FOR THE PURPOSES OF THIS SECTION, LICENSES
27 EXEMPTED FROM THIS LIMITATION AND CLUB LICENSES SHALL NOT BE
28 CONSIDERED. INHABITANTS OF DRY MUNICIPALITIES SHALL BE
29 CONSIDERED WHEN DETERMINING THE POPULATION IN A COUNTY. LICENSES
30 SHALL NOT BE ISSUED OR TRANSFERRED INTO MUNICIPALITIES WHERE
20010H1519B3090 - 16 -
1 SUCH LICENSES ARE PROHIBITED PURSUANT TO LOCAL REFERENDUM IN
2 ACCORDANCE WITH SECTION 472. LICENSES APPROVED FOR
3 INTERMUNICIPAL TRANSFER MAY NOT BE TRANSFERRED FROM THE
4 RECEIVING MUNICIPALITY FOR A PERIOD OF FIVE YEARS AFTER THE DATE
5 THAT THE LICENSED PREMISES ARE OPERATIONAL IN THE RECEIVING
6 MUNICIPALITY.
7 (B.1) THE BOARD MAY ISSUE RESTAURANT AND EATING PLACE RETAIL
8 DISPENSER LICENSES AND RENEW LICENSES ISSUED UNDER THIS
9 SUBSECTION WITHOUT REGARD TO THE QUOTA RESTRICTIONS SET FORTH IN
10 SUBSECTION (A) FOR THE PURPOSE OF ECONOMIC DEVELOPMENT IN A
11 MUNICIPALITY UNDER THE FOLLOWING CONDITIONS:
12 (1) A LICENSE MAY ONLY BE ISSUED UNDER THIS SUBSECTION IF
13 THE APPLICANT HAS EXHAUSTED REASONABLE MEANS FOR OBTAINING A
14 SUITABLE LICENSE WITHIN THE COUNTY.
15 (2) THE PROPOSED LICENSED PREMISES MUST BE LOCATED WITHIN
16 EITHER OF THE FOLLOWING:
17 (I) A KEYSTONE OPPORTUNITY ZONE ESTABLISHED UNDER THE
18 AUTHORITY OF THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN
19 AS THE ["PENNSYLVANIA KEYSTONE OPPORTUNITY ZONE ACT,"] "KEYSTONE
20 OPPORTUNITY ZONE AND KEYSTONE OPPORTUNITY EXPANSION ZONE ACT,"
21 OR AN AREA DESIGNATED AS AN ENTERPRISE ZONE BY THE DEPARTMENT OF
22 COMMUNITY AND ECONOMIC DEVELOPMENT.
23 (II) A MUNICIPALITY IN WHICH THE ISSUANCE OF A RESTAURANT OR
24 EATING PLACE RETAIL DISPENSER LICENSE HAS BEEN APPROVED BY THE
25 GOVERNING BODY OF THE MUNICIPALITY FOR THE PURPOSE OF LOCAL
26 ECONOMIC DEVELOPMENT. UPON REQUEST FOR APPROVAL OF AN ECONOMIC
27 DEVELOPMENT LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING
28 SHALL BE HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF
29 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS
30 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S
20010H1519B3090 - 17 -
1 INTENT TO ACQUIRE AN ECONOMIC DEVELOPMENT LICENSE FROM THE
2 PENNSYLVANIA LIQUOR CONTROL BOARD. THE GOVERNING BODY SHALL,
3 WITHIN FORTY-FIVE DAYS OF A REQUEST FOR APPROVAL, RENDER A
4 DECISION BY ORDINANCE OR RESOLUTION TO APPROVE OR DISAPPROVE THE
5 APPLICANT'S REQUEST FOR AN ECONOMIC DEVELOPMENT LICENSE. [THE
6 MUNICIPALITY MUST APPROVE THE REQUEST UNLESS IT FINDS THAT DOING
7 SO] IF THE MUNICIPALITY FINDS THAT THE ISSUANCE OF THE LICENSE
8 WOULD PROMOTE ECONOMIC DEVELOPMENT IT MAY APPROVE THE REQUEST;
9 HOWEVER, IT MUST REFUSE THE REQUEST IF IT FINDS THAT APPROVAL OF
10 THE REQUEST WOULD ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE
11 AND MORALS OF THE MUNICIPALITY OR ITS RESIDENTS. A DECISION BY
12 THE GOVERNING BODY OF THE MUNICIPALITY TO DENY THE REQUEST MAY
13 BE APPEALED TO THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH
14 THE MUNICIPALITY IS LOCATED. A COPY OF THE APPROVAL MUST BE
15 SUBMITTED WITH THE LICENSE APPLICATION.
16 (3) THE BOARD MAY ISSUE NO MORE THAN TWO LICENSES TOTAL IN
17 EACH COUNTY OF THE FIRST THROUGH FOURTH CLASS AND NO MORE THAN
18 ONE LICENSE TOTAL IN EACH COUNTY OF THE FIFTH THROUGH EIGHTH
19 CLASS PER CALENDAR YEAR.
20 (4) AN APPLICANT UNDER THIS SUBSECTION SHALL BE REQUIRED TO
21 SELL FOOD AND NONALCOHOLIC BEVERAGES EQUAL TO SEVENTY PER CENTUM
22 (70%) OR MORE OF ITS COMBINED GROSS SALES OF FOOD AND ALCOHOLIC
23 BEVERAGES.
24 (5) IN ADDITION TO RENEWAL AND LICENSE FEES PROVIDED UNDER
25 EXISTING LAW FOR THE TYPE OF LICENSE ISSUED, AN APPLICANT SHALL
26 BE REQUIRED TO PAY AN INITIAL APPLICATION SURCHARGE AS FOLLOWS:
27 (I) FIFTY THOUSAND DOLLARS ($50,000) IF THE LICENSED
28 PREMISES IS LOCATED IN A COUNTY OF THE FIRST THROUGH FOURTH
29 CLASS.
30 (II) TWENTY-FIVE THOUSAND DOLLARS ($25,000) IF THE LICENSED
20010H1519B3090 - 18 -
1 PREMISES IS LOCATED IN A COUNTY OF THE FIFTH THROUGH EIGHTH
2 CLASS.
3 (III) THE INITIAL APPLICATION SURCHARGE MINUS A SEVEN
4 HUNDRED DOLLAR ($700) PROCESSING FEE SHALL BE REFUNDED TO THE
5 APPLICANT IF THE BOARD REFUSES TO ISSUE A PROVISIONAL LICENSE
6 UNDER SUBSECTION (B.2). OTHERWISE, THE INITIAL APPLICATION
7 SURCHARGE MINUS A SEVEN HUNDRED DOLLAR ($700) PROCESSING FEE
8 SHALL BE CREDITED TO THE STATE STORES FUND. THE PROCESSING FEE
9 SHALL BE TREATED AS AN APPLICATION FILING FEE AS PRESCRIBED IN
10 SECTION 614(A)(1)(I) OF THE ACT OF APRIL 9, 1929 (P.L.177,
11 NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
12 (6) A LICENSE ISSUED UNDER THIS SUBSECTION AND A PROVISIONAL
13 LICENSE ISSUED UNDER SUBSECTION (B.2) SHALL BE NONTRANSFERABLE
14 WITH REGARD TO OWNERSHIP OR LOCATION.
15 (7) AN APPEAL OF THE BOARD'S DECISION REFUSING TO GRANT OR
16 RENEW A LICENSE UNDER THIS SUBSECTION SHALL NOT ACT AS A
17 SUPERSEDEAS OF THE DECISION OF THE BOARD IF THE DECISION IS
18 BASED, IN WHOLE OR IN PART, ON THE LICENSEE'S FAILURE TO
19 DEMONSTRATE THAT ITS FOOD AND NONALCOHOLIC BEVERAGES WERE AT
20 LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS SALES OF
21 FOOD AND ALCOHOLIC BEVERAGES.
22 (8) A LICENSE ISSUED UNDER THIS SUBSECTION MAY NOT BE
23 VALIDATED OR RENEWED UNLESS THE LICENSEE CAN ESTABLISH THAT ITS
24 SALE OF FOOD AND NONALCOHOLIC BEVERAGES DURING THE LICENSE YEAR
25 IMMEDIATELY PRECEDING APPLICATION FOR VALIDATION OR RENEWAL IS
26 EQUAL TO SEVENTY PER CENTUM (70%) OR MORE OF ITS FOOD AND
27 ALCOHOLIC BEVERAGE SALES.
28 (B.2) QUALIFIED APPLICANTS UNDER SUBSECTION [(B)] (B.1)
29 SHALL RECEIVE A PROVISIONAL LICENSE FOR ONE HUNDRED TWENTY DAYS,
30 EXCLUSIVE OF PERIODS OF SAFEKEEPING. AFTER NINETY DAYS FROM THE
20010H1519B3090 - 19 -
1 DATE OF ISSUANCE, THE LICENSEE MAY FILE AN APPLICATION FOR A
2 PERMANENT LICENSE. A LICENSE SHALL BE ISSUED IF THE LICENSEE
3 ESTABLISHES THAT FOR NINETY CONSECUTIVE DAYS FROM THE DATE OF
4 INITIAL ISSUE ITS SALES OF FOOD AND NONALCOHOLIC BEVERAGES IS
5 EQUAL TO AT LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS
6 SALES OF FOOD AND ALCOHOLIC BEVERAGES. LICENSEES SHALL NOT BE
7 SUBJECT TO CITATION BY THE ENFORCEMENT BUREAU FOR A VIOLATION OF
8 THE REQUIREMENT THAT FOOD AND NONALCOHOLIC BEVERAGES EQUAL AT
9 LEAST SEVENTY PER CENTUM (70%) OF THE COMBINED GROSS SALES OF
10 FOOD AND ALCOHOLIC BEVERAGES DURING THE PROVISIONAL LICENSING
11 PERIOD.
12 (B.3) AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF
13 A LICENSE FOR ECONOMIC DEVELOPMENT UNDER SUBSECTION (B.1)(2)(I)
14 MUST FIRST BE APPROVED BY THE GOVERNING BODY OF THE RECEIVING
15 MUNICIPALITY WHEN THE TOTAL NUMBER OF EXISTING RESTAURANT LIQUOR
16 LICENSES AND EATING PLACE RETAIL DISPENSER LICENSES IN THE
17 RECEIVING MUNICIPALITY EXCEED ONE LICENSE PER THREE THOUSAND
18 INHABITANTS. UPON REQUEST FOR APPROVAL OF AN INTERMUNICIPAL
19 TRANSFER OF A LICENSE OR ISSUANCE OF AN ECONOMIC DEVELOPMENT
20 LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING SHALL BE
21 HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF
22 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS
23 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S
24 INTENT TO TRANSFER A LICENSE INTO THE MUNICIPALITY OR ACQUIRE AN
25 ECONOMIC DEVELOPMENT LICENSE FROM THE PENNSYLVANIA LIQUOR
26 CONTROL BOARD. THE GOVERNING BODY SHALL, WITHIN FORTY-FIVE DAYS
27 OF A REQUEST FOR APPROVAL, RENDER A DECISION BY ORDINANCE OR
28 RESOLUTION TO APPROVE OR DISAPPROVE THE APPLICANT'S REQUEST FOR
29 AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF AN
30 ECONOMIC DEVELOPMENT LICENSE. THE MUNICIPALITY MUST APPROVE THE
20010H1519B3090 - 20 -
1 REQUEST UNLESS IT FINDS THAT DOING SO WOULD ADVERSELY AFFECT THE
2 WELFARE, HEALTH, PEACE AND MORALS OF THE MUNICIPALITY OR ITS
3 RESIDENTS. A DECISION BY THE GOVERNING BODY OF THE MUNICIPALITY
4 TO DENY THE REQUEST MAY BE APPEALED TO THE COURT OF COMMON PLEAS
5 IN THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED. A COPY OF
6 THE APPROVAL MUST BE SUBMITTED WITH THE LICENSE APPLICATION.
7 * * *
8 (E.1) "PRIVATELY-OWNED PUBLIC GOLF COURSE" AS USED IN THIS
9 SECTION SHALL MEAN THE RESTAURANT FACILITIES AT ANY PRIVATELY-
10 OWNED GOLF COURSE OPEN FOR PUBLIC ACCOMMODATION. THE LICENSE MAY
11 BE ISSUED TO THE OPERATOR OF THE PRIVATELY-OWNED PUBLIC GOLF
12 COURSE. THE LICENSE HOLDER MAY DESIGNATE A CONCESSIONAIRE TO
13 PROVIDE FOOD, ALCOHOLIC BEVERAGE AND NON-ALCOHOLIC BEVERAGE
14 SERVICE AT THE RESTAURANT FACILITY.
15 * * *
16 SECTION 10. SECTION 463 OF THE ACT, AMENDED MAY 31, 1990
17 (P.L.224, NO.48) AND DECEMBER 20, 2000 (P.L.992, NO.141), IS
18 AMENDED TO READ:
19 [SECTION 463. PLACES OF AMUSEMENT NOT TO BE LICENSED;
20 PENALTY.--(A) NO LICENSE FOR THE SALE OF LIQUOR OR MALT OR
21 BREWED BEVERAGES IN ANY QUANTITY SHALL BE GRANTED TO THE
22 PROPRIETORS, LESSEES, KEEPERS OR MANAGERS OF ANY THEATER,
23 CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, NOR SHALL ANY HOUSE
24 BE LICENSED FOR THE SALE OF LIQUOR OR MALT OR BREWED BEVERAGES
25 WHICH HAS PASSAGE OR COMMUNICATION TO OR WITH ANY THEATER,
26 CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, AND ANY LICENSE
27 GRANTED CONTRARY TO THIS ACT SHALL BE NULL AND VOID. NOTHING
28 CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS DENYING TO THE
29 BOARD THE RIGHT TO GRANT A RESTAURANT LIQUOR LICENSE REGARDLESS
30 OF QUOTA RESTRICTIONS TO THE OWNER OR OPERATOR OF:
20010H1519B3090 - 21 -
1 (1) A RACETRACK AS DEFINED IN SECTION 102 OF THIS ACT;
2 (2) A NONPRIMARY PARI-MUTUEL WAGERING LOCATION AS DEFINED IN
3 SECTION 102 OF THIS ACT; OR
4 (3) A RESTAURANT IN A BUILDING ON A PLOT OF GROUND OWNED OR
5 POSSESSED UNDER LEASE BY A CORPORATION INCORPORATED UNDER THE
6 LAWS OF THIS COMMONWEALTH AND USED PRINCIPALLY BY SUCH
7 CORPORATION FOR HOLDING OUTDOOR SPORT EVENTS WHEREIN SUCH EVENTS
8 ARE HELD UNDER A LICENSE ISSUED AS PROVIDED BY LAW TO SUCH
9 CORPORATION BY A DEPARTMENT, BOARD OR COMMISSION OF THE
10 COMMONWEALTH OF PENNSYLVANIA.
11 THE RESTAURANT LIQUOR LICENSE AFOREMENTIONED SHALL BE SUBJECT TO
12 ALL THE CONDITIONS AND RESTRICTIONS HEREIN APPLICABLE TO
13 RESTAURANT LIQUOR LICENSES, EXCEPT THE ABOVE PROHIBITION AGAINST
14 ANY PASSAGEWAY OR COMMUNICATION BETWEEN SUCH LICENSED PREMISES
15 AND THE PLACE OF AMUSEMENT, AND EXCEPT THAT NOTHING CONTAINED IN
16 THIS ACT SHALL BE CONSTRUED TO PROHIBIT THE LICENSED NONPRIMARY
17 PARI-MUTUEL WAGERING LOCATION OR THE RACETRACK FROM PROVIDING
18 WAGERING WITHIN THE ENTIRE LICENSED PREMISES OF THE NONPRIMARY
19 PARI-MUTUEL WAGERING LOCATION OR THE RACETRACK, AND A RESTAURANT
20 LIQUOR LICENSE ISSUED FOR A NONPRIMARY PARI-MUTUEL WAGERING
21 LOCATION OR A RESTAURANT LIQUOR LICENSE ISSUED FOR A RACETRACK
22 ISSUED SUBSEQUENT TO THE ENACTMENT OF THIS AMENDMENT SHALL NOT
23 BE TRANSFERABLE.
24 NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED AS DENYING
25 TO THE BOARD THE RIGHT TO GRANT A NEW RESTAURANT LIQUOR LICENSE,
26 REGARDLESS OF QUOTA RESTRICTIONS, AT ANY TIME, TO THE OWNER OR
27 OPERATOR OF A RESTAURANT IN A BUILDING OR PLOT OF GROUND HAVING
28 A SEATING CAPACITY IN EXCESS OF TWENTY-FIVE THOUSAND, USED
29 PRINCIPALLY FOR HOLDING AUTOMOBILE RACES.
30 (A.1) NOTHING CONTAINED IN SUBSECTION (A) OF THIS SECTION OR
20010H1519B3090 - 22 -
1 IN SECTION 102 OF THIS ACT SHALL BE CONSTRUED AS DENYING TO THE
2 BOARD THE RIGHT TO GRANT A CLUB OR RESTAURANT LIQUOR OR MALT AND
3 BREWED BEVERAGE LICENSE TO A CLUB INCORPORATED IN THIS
4 COMMONWEALTH WHICH HAS BEEN IN EXISTENCE LESS THAN ONE YEAR
5 PRIOR TO MAKING APPLICATION UNDER THIS SECTION OR TO A
6 RESTAURANT EITHER OF WHICH HAS A CLUBHOUSE OR RESTAURANT LOCATED
7 IN A STADIUM OR ARENA HAVING AN AVAILABLE SEATING CAPACITY OF
8 TWELVE THOUSAND OR MORE AND OWNED AND OPERATED BY OR PURSUANT TO
9 AN AGREEMENT WITH ANY CITY OF THE FIRST CLASS OR CREATED AND
10 OPERATED UNDER AND IN COMPLIANCE WITH THE ACT OF JULY 29, 1953
11 (P.L.1034), KNOWN AS THE "PUBLIC AUDITORIUM AUTHORITIES LAW,"
12 AND USED PRINCIPALLY FOR EVENTS AT WHICH ATHLETES COMPETE OR
13 OTHER TYPES OF PERFORMERS ENTERTAIN. THE CLUB OR RESTAURANT
14 LIQUOR OR MALT AND BREWED BEVERAGE LICENSE AFOREMENTIONED SHALL
15 BE SUBJECT TO ALL THE CONDITIONS AND RESTRICTIONS APPLICABLE TO
16 SUCH LICENSES AND LICENSES FOR PLACES OF AMUSEMENT, EXCEPT THE
17 ABOVE PROHIBITION AGAINST ANY PASSAGEWAY OR COMMUNICATION
18 BETWEEN SUCH LICENSED PREMISES AND THE PLACE OF AMUSEMENT.
19 (A.2) NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO
20 PREVENT THE HOLDER OF A HOTEL, RESTAURANT LIQUOR OR MALT AND
21 BREWED BEVERAGE LICENSE FROM SELLING LIQUOR AND MALT OR BREWED
22 BEVERAGES IN A BOWLING ALLEY, OR OTHER RECREATIONAL AREAS
23 INCLUDING, BUT NO LIMITED TO, GAME ROOMS AND VIDEO ARCADE AREAS
24 OF HOTELS, WHEN NO MINORS ARE PRESENT, UNLESS MINORS WHO ARE
25 PRESENT ARE UNDER PROPER SUPERVISION AS DEFINED IN SECTION 493,
26 WHERE THE RESTAURANT, BOWLING ALLEY, OR OTHER RECREATIONAL AREAS
27 INCLUDING, BUT NOT LIMITED TO, GAME ROOMS AND VIDEO ARCADE AREAS
28 OF HOTELS ARE IMMEDIATELY ADJACENT AND UNDER THE SAME ROOF. THE
29 RESTAURANT LIQUOR OR MALT AND BREWED BEVERAGE LICENSEE
30 AFOREMENTIONED SHALL BE SUBJECT TO ALL THE CONDITIONS AND
20010H1519B3090 - 23 -
1 RESTRICTIONS APPLICABLE TO SUCH RESTAURANT LICENSES EXCEPT THE
2 ABOVE PROHIBITION AGAINST ANY PASSAGEWAY OR COMMUNICATION
3 BETWEEN A LICENSED PREMISE AND A PLACE OF AMUSEMENT.
4 (A.3) NOTHING CONTAINED IN SUBSECTION (A) OR IN SECTION 102
5 SHALL BE CONSTRUED AS DENYING TO THE BOARD THE RIGHT TO GRANT A
6 NEW RETAIL DISPENSER LICENSE FOR ON-PREMISES SALES ONLY,
7 REGARDLESS OF QUOTA RESTRICTIONS, TO THE OWNER OR OPERATOR OF A
8 FACILITY HAVING A MINIMUM OF A ONE-HALF MILE ASPHALT TRACK AND
9 HAVING A PERMANENT SEATING CAPACITY OF AT LEAST SIX THOUSAND
10 USED PRINCIPALLY FOR HOLDING AUTOMOBILE RACES.
11 (B) ANY PROPRIETOR, LESSEE, KEEPER OR MANAGER OF ANY
12 THEATER, CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, OR ANY
13 OTHER PERSON WHO SHALL VIOLATE THE PROVISIONS OF THIS SECTION,
14 SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF,
15 SHALL BE SENTENCED TO PAY A FINE OF ONE HUNDRED DOLLARS AND TO
16 UNDERGO AN IMPRISONMENT OF NOT LESS THAN THIRTY DAYS.
17 (C) THIS SECTION IS NOT APPLICABLE TO PUBLIC VENUES OR
18 PERFORMING ARTS FACILITIES LICENSED UNDER SECTIONS 412 AND 413.]
19 SECTION 11. SECTION 468(A) OF THE ACT IS AMENDED BY ADDING A
20 CLAUSE TO READ:
21 SECTION 468. LICENSES NOT ASSIGNABLE; TRANSFERS.--(A) * * *
22 (4) IN THE EVENT THE LICENSE TO BE TRANSFERRED HAS BEEN
23 ORDERED TO SERVE A SUSPENSION UNDER SECTION 471, AND HAS NOT
24 SERVED THE SUSPENSION AT THE TIME THE BOARD CONSIDERS THE
25 APPLICATION AND ALL APPEALS REGARDING THE SUSPENSION HAVE BEEN
26 EXHAUSTED, THE BOARD MAY REQUIRE THE TRANSFEREE TO SERVE THE
27 SUSPENSION AS A CONDITION FOR APPROVAL OF THE TRANSFER. FURTHER,
28 THE BOARD MAY CONVERT THE OUTSTANDING SUSPENSION INTO A FINE AND
29 REQUIRE THE TRANSFEREE TO PAY THE FINE AS A CONDITION FOR
30 APPROVAL OF THE TRANSFER. IF THE BOARD CONVERTS THE OUTSTANDING
20010H1519B3090 - 24 -
1 SUSPENSION TO A FINE, THE FINE NEED NOT COMPLY WITH THE MINIMUM
2 AND MAXIMUM AMOUNTS SET FORTH IN SECTION 471 FOR THE UNDERLYING
3 CITATION.
4 * * *
5 SECTION 12. SECTION 471(B) AND (C) OF THE ACT, AMENDED
6 DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO READ:
7 SECTION 471. REVOCATION AND SUSPENSION OF LICENSES; FINES.--
8 * * *
9 (B) HEARING ON SUCH CITATIONS SHALL BE HELD IN THE SAME
10 MANNER AS PROVIDED HEREIN FOR HEARINGS ON APPLICATIONS FOR
11 LICENSE. UPON SUCH HEARING, IF SATISFIED THAT ANY SUCH VIOLATION
12 HAS OCCURRED OR FOR OTHER SUFFICIENT CAUSE, THE ADMINISTRATIVE
13 LAW JUDGE SHALL IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR
14 IMPOSE A FINE OF NOT LESS THAN FIFTY DOLLARS ($50) NOR MORE THAN
15 ONE THOUSAND DOLLARS ($1,000), OR BOTH, NOTIFYING THE LICENSEE
16 BY REGISTERED LETTER ADDRESSED TO HIS LICENSED PREMISES. IF THE
17 LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED SECTION
18 493(1) INSOFAR AS IT RELATES TO SALES TO MINORS OR SALES TO A
19 VISIBLY INTOXICATED PERSON, SECTION 493(10) INSOFAR AS IT
20 RELATES TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT OR SECTION
21 493(14), (16) OR (21), OR HAS BEEN FOUND TO BE A PUBLIC NUISANCE
22 PURSUANT TO SECTION 611, OR IF THE OWNER OR OPERATOR OF THE
23 LICENSED PREMISES OR ANY AUTHORIZED AGENT OF THE OWNER OR
24 OPERATOR HAS BEEN CONVICTED OF ANY VIOLATION OF THE ACT OF APRIL
25 14, 1972 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE,
26 DRUG, DEVICE AND COSMETIC ACT," OR OF 18 PA.C.S. § 5902
27 (RELATING TO PROSTITUTION AND RELATED OFFENSES) OR 6301
28 (RELATING TO CORRUPTION OF MINORS), AT OR RELATING TO THE
29 LICENSED PREMISES, THE ADMINISTRATIVE LAW JUDGE SHALL
30 IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR IMPOSE A FINE OF
20010H1519B3090 - 25 -
1 NOT LESS THAN ONE THOUSAND DOLLARS ($1,000) NOR MORE THAN FIVE
2 THOUSAND DOLLARS ($5,000), OR BOTH. HOWEVER, IF A LICENSEE HAS
3 BEEN CITED AND FOUND TO HAVE VIOLATED SECTION 493(1) AS IT
4 RELATES TO SALES TO MINORS OR SALES TO A VISIBLY INTOXICATED
5 PERSON BUT AT THE TIME OF THE SALE THE LICENSEE WAS IN
6 COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SECTION 471.1 AND
7 THE LICENSEE HAD NOT SOLD TO MINORS OR VISIBLY INTOXICATED
8 PERSONS IN THE PREVIOUS FOUR YEARS, THEN THE ADMINISTRATIVE LAW
9 JUDGE SHALL IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR IMPOSE
10 A FINE OF NOT LESS THAN FIFTY DOLLARS ($50) NOR MORE THAN ONE
11 THOUSAND DOLLARS ($1,000), OR BOTH. THE ADMINISTRATIVE LAW JUDGE
12 SHALL NOTIFY THE LICENSEE BY REGISTERED MAIL, ADDRESSED TO THE
13 LICENSED PREMISES, OF SUCH SUSPENSION, REVOCATION OR FINE. IN
14 THE EVENT THE FINE IS NOT PAID WITHIN TWENTY DAYS OF THE
15 ADJUDICATION, THE ADMINISTRATIVE LAW JUDGE SHALL SUSPEND OR
16 REVOKE THE LICENSE, NOTIFYING THE LICENSEE BY REGISTERED MAIL
17 ADDRESSED TO THE LICENSED PREMISES. SUSPENSIONS AND REVOCATIONS
18 SHALL NOT GO INTO EFFECT UNTIL THIRTY DAYS HAVE ELAPSED FROM THE
19 DATE OF THE ADJUDICATION DURING WHICH TIME THE LICENSEE MAY TAKE
20 AN APPEAL AS PROVIDED FOR IN THIS ACT. ANY LICENSEE WHOSE
21 LICENSE IS REVOKED SHALL BE INELIGIBLE TO HAVE A LICENSE UNDER
22 THIS ACT UNTIL THE EXPIRATION OF THREE YEARS FROM THE DATE SUCH
23 LICENSE WAS REVOKED. IN THE EVENT A LICENSE IS REVOKED, NO
24 LICENSE SHALL BE GRANTED FOR THE PREMISES OR TRANSFERRED TO THE
25 PREMISES IN WHICH THE SAID LICENSE WAS CONDUCTED FOR A PERIOD OF
26 AT LEAST ONE YEAR AFTER THE DATE OF THE REVOCATION OF THE
27 LICENSE CONDUCTED IN THE SAID PREMISES, EXCEPT IN CASES WHERE
28 THE LICENSEE OR A MEMBER OF HIS IMMEDIATE FAMILY IS NOT THE
29 OWNER OF THE PREMISES, IN WHICH CASE THE BOARD MAY, IN ITS
30 DISCRETION, ISSUE OR TRANSFER A LICENSE WITHIN THE SAID YEAR. IN
20010H1519B3090 - 26 -
1 THE EVENT THE BUREAU OR THE PERSON WHO WAS FINED OR WHOSE
2 LICENSE WAS SUSPENDED OR REVOKED SHALL FEEL AGGRIEVED BY THE
3 ADJUDICATION OF THE ADMINISTRATIVE LAW JUDGE, THERE SHALL BE A
4 RIGHT TO APPEAL TO THE BOARD. THE APPEAL SHALL BE BASED SOLELY
5 ON THE RECORD BEFORE THE ADMINISTRATIVE LAW JUDGE. [THE BOARD
6 SHALL AFFIRM THE DECISION OF THE ADMINISTRATIVE LAW JUDGE IF IT
7 IS BASED ON SUBSTANTIAL EVIDENCE; OTHERWISE, THE BOARD SHALL
8 REVERSE THE DECISION OF THE ADMINISTRATIVE LAW JUDGE.] THE BOARD
9 SHALL ONLY REVERSE THE DECISION OF THE ADMINISTRATIVE LAW JUDGE
10 IF THE ADMINISTRATIVE LAW JUDGE COMMITTED AN ERROR OF LAW,
11 ABUSED ITS DISCRETION OR IF ITS DECISION IS NOT BASED ON
12 SUBSTANTIAL EVIDENCE. IN THE EVENT THE BUREAU OR THE PERSON WHO
13 WAS FINED OR WHOSE LICENSE WAS SUSPENDED OR REVOKED SHALL FEEL
14 AGGRIEVED BY THE DECISION OF THE BOARD, THERE SHALL BE A RIGHT
15 TO APPEAL TO THE COURT OF COMMON PLEAS IN THE SAME MANNER AS
16 HEREIN PROVIDED FOR APPEALS FROM REFUSALS TO GRANT LICENSES.
17 EACH OF THE APPEALS SHALL ACT AS A SUPERSEDEAS UNLESS, UPON
18 SUFFICIENT CAUSE SHOWN, THE REVIEWING AUTHORITY SHALL DETERMINE
19 OTHERWISE; HOWEVER, IF THE LICENSEE HAS BEEN CITED AND FOUND TO
20 HAVE VIOLATED SECTION 493(1) INSOFAR AS IT RELATES TO SALES TO
21 MINORS OR SALES TO A VISIBLY INTOXICATED PERSON, SECTION 493(10)
22 INSOFAR AS IT RELATES TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT
23 OR SECTION 493(14), (16) OR (21), OR HAS BEEN FOUND TO BE A
24 PUBLIC NUISANCE PURSUANT TO SECTION 611, OR IF THE OWNER OR
25 OPERATOR OF THE LICENSED PREMISES OR ANY AUTHORIZED AGENT OF THE
26 OWNER OR OPERATOR HAS BEEN CONVICTED OF ANY VIOLATION OF "THE
27 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT," OR OF 18
28 PA.C.S. § 5902 OR 6301, AT OR RELATING TO THE LICENSED PREMISES,
29 ITS APPEAL SHALL NOT ACT AS A SUPERSEDEAS UNLESS THE REVIEWING
30 AUTHORITY DETERMINES OTHERWISE UPON SUFFICIENT CAUSE SHOWN. IN
20010H1519B3090 - 27 -
1 ANY HEARING ON AN APPLICATION FOR A SUPERSEDEAS UNDER THIS
2 SECTION, THE REVIEWING AUTHORITY MAY CONSIDER, IN ADDITION TO
3 OTHER RELEVANT EVIDENCE, DOCUMENTARY EVIDENCE, INCLUDING RECORDS
4 OF THE BUREAU, SHOWING THE PRIOR HISTORY OF CITATIONS, FINES,
5 SUSPENSIONS OR REVOCATIONS AGAINST THE LICENSEE; AND THE
6 REVIEWING AUTHORITY MAY ALSO CONSIDER, IN ADDITION TO OTHER
7 RELEVANT EVIDENCE, EVIDENCE OF ANY RECURRENCE OF THE UNLAWFUL
8 ACTIVITY OCCURRING BETWEEN THE DATE OF THE CITATION WHICH IS THE
9 SUBJECT OF THE APPEAL AND THE DATE OF THE HEARING. NO PENALTY
10 PROVIDED BY THIS SECTION SHALL BE IMPOSED FOR ANY VIOLATIONS
11 PROVIDED FOR IN THIS ACT UNLESS THE BUREAU NOTIFIES THE LICENSEE
12 OF ITS NATURE WITHIN THIRTY DAYS OF THE COMPLETION OF THE
13 INVESTIGATION.
14 (C) THE ADMINISTRATIVE LAW JUDGE MAY CONSIDER THE LICENSEE'S
15 PRIOR CITATION HISTORY WHEN IMPOSING A PENALTY. IF THE VIOLATION
16 IN QUESTION IS A THIRD OR SUBSEQUENT VIOLATION OF THIS ACT OR
17 TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO
18 CRIMES AND OFFENSES), OCCURRING WITHIN A PERIOD OF FOUR YEARS,
19 THE ADMINISTRATIVE LAW JUDGE SHALL IMPOSE A SUSPENSION OR
20 REVOCATION.
21 * * *
22 SECTION 13. SECTION 472(A) OF THE ACT, AMENDED DECEMBER 20,
23 2000 (P.L.992, NO.141), IS AMENDED AND THE SECTION IS AMENDED BY
24 ADDING SUBSECTIONS TO READ:
25 SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY
26 PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT
27 EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN
28 ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), ON THE DATE OF
29 THE PRIMARY ELECTION IMMEDIATELY PRECEDING ANY MUNICIPAL
30 ELECTION, BUT NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE
20010H1519B3090 - 28 -
1 THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR
2 LICENSES TO HOTELS, RESTAURANTS, RESORT FACILITIES AND CLUBS,
3 NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF
4 THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR LICENSES TO
5 PUBLIC VENUES, TO PERFORMING ARTS FACILITIES, TO HOTELS LOCATED
6 ON PROPERTY OWNED BY AN ACCREDITED COLLEGE OR UNIVERSITY, TO
7 PRIVATELY-OWNED PRIVATE GOLF COURSES OR TO PRIVATELY-OWNED
8 PUBLIC GOLF COURSES, NOT OFTENER THAN ONCE IN FOUR YEARS, TO
9 DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING
10 OF LICENSES TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES,
11 NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF
12 THE ELECTORS WITH RESPECT TO GRANTING OF LICENSES TO WHOLESALE
13 DISTRIBUTORS AND IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN
14 TWO YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO
15 THE GRANTING OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER
16 LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
17 ORGANIZATIONS, NOT OFTENER THAN ONCE IN TWO YEARS TO DETERMINE
18 THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL
19 OCCASION PERMITS TO QUALIFIED ORGANIZATIONS, OR NOT MORE THAN
20 ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
21 RESPECT TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE
22 BOARD OF PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH
23 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, UNDER THE
24 PROVISIONS OF THIS ACT: PROVIDED, HOWEVER, WHERE AN ELECTION
25 SHALL HAVE BEEN HELD AT THE PRIMARY PRECEDING A MUNICIPAL
26 ELECTION IN ANY YEAR, ANOTHER ELECTION MAY BE HELD UNDER THE
27 PROVISIONS OF THIS ACT AT THE PRIMARY OCCURRING THE FOURTH YEAR
28 AFTER SUCH PRIOR ELECTION: AND PROVIDED FURTHER, THAT AN
29 ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE
30 LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR
20010H1519B3090 - 29 -
1 THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST
2 THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE
3 QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING
4 DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE
5 MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE
6 AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S
7 LICENSES. WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER
8 CENTUM OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE
9 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY AT THE LAST
10 PRECEDING GENERAL ELECTION SHALL FILE A PETITION WITH THE COUNTY
11 BOARD OF ELECTIONS OF THE COUNTY FOR A REFERENDUM ON THE
12 QUESTION OF GRANTING ANY OF SAID CLASSES OF LICENSES OR THE
13 ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE SAID COUNTY
14 BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE
15 BALLOTS OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT THE
16 PRIMARY IMMEDIATELY PRECEDING THE MUNICIPAL ELECTION. SEPARATE
17 PETITIONS MUST BE FILED FOR EACH QUESTION TO BE VOTED ON. SAID
18 PROCEEDINGS SHALL BE IN THE MANNER AND SUBJECT TO THE PROVISIONS
19 OF THE ELECTION LAWS WHICH RELATE TO THE SIGNING, FILING AND
20 ADJUDICATION OF NOMINATION PETITIONS, INSOFAR AS SUCH PROVISIONS
21 ARE APPLICABLE.
22 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
23 LICENSES, IT SHALL BE IN THE FOLLOWING FORM:
24 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES
25 FOR THE SALE OF LIQUOR IN.......................... YES
26 OF................................................? NO
27 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
28 LICENSES TO RESORT FACILITIES IN THOSE MUNICIPALITIES THAT DO
29 NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE
30 FOLLOWING FORM:
20010H1519B3090 - 30 -
1 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO RESORT
2 FACILITIES FOR THE SALE OF LIQUOR IN THE.......... YES
3 OF...............................................? NO
4 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT
5 LIQUOR LICENSES FOR USE AT PUBLIC VENUES IN THOSE MUNICIPALITIES
6 THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE
7 IN THE FOLLOWING FORM:
8 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO PUBLIC
9 VENUES FOR THE SALE OF LIQUOR IN THE............. YES
10 OF..............................................? NO
11 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT
12 LIQUOR LICENSES FOR USE AT PERFORMING ARTS FACILITIES IN THOSE
13 MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF
14 ALCOHOL, IT SHALL BE IN THE FOLLOWING FORM:
15 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO
16 PERFORMING ARTS FACILITIES FOR THE SALE OF LIQUOR
17 IN THE........................................... YES
18 OF..............................................? NO
19 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
20 LICENSES FOR HOTELS LOCATED ON PROPERTY OWNED BY AN ACCREDITED
21 COLLEGE OR UNIVERSITY IN THOSE MUNICIPALITIES THAT DO NOT
22 ALREADY ALLOW THE GRANTING OF LIQUOR LICENSES, IT SHALL BE IN
23 THE FOLLOWING FORM:
24 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO HOTELS ON
25 PROPERTY OWNED BY AN ACCREDITED COLLEGE OR UNIVERSITY
26 IN THE............................................ YES
27 OF...............................................? NO
28 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
29 LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE
30 IN THE FOLLOWING FORM:
20010H1519B3090 - 31 -
1 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
2 PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE
3 OF LIQUOR IN.................BY.................. YES
4 OF..............................................? NO
5 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR
6 LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE
7 IN THE FOLLOWING FORM:
8 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR
9 PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE
10 OF LIQUOR IN.................BY.................. YES
11 OF..............................................? NO
12 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES
13 TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE
14 IN THE FOLLOWING FORM:
15 DO YOU FAVOR THE GRANTING OF MALT AND BREWED
16 BEVERAGE RETAIL DISPENSER LICENSES FOR
17 CONSUMPTION ON PREMISES WHERE SOLD IN THE........ YES
18 OF..............................................? NO
19 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES
20 TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND
21 IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM:
22 DO YOU FAVOR THE GRANTING OF MALT AND BREWED
23 BEVERAGE WHOLESALE DISTRIBUTOR'S AND IMPORTING
24 DISTRIBUTOR'S LICENSES NOT FOR CONSUMPTION ON
25 PREMISES WHERE SOLD IN THE....................... YES
26 OF..............................................? NO
27 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB
28 LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
29 ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:
30 DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES
20010H1519B3090 - 32 -
1 TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS
2 IN THE........................................... YES
3 OF..............................................? NO
4 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB
5 RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL
6 VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM:
7 DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER
8 LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
9 ORGANIZATIONS IN THE............................. YES
10 OF..............................................? NO
11 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL
12 OCCASION PERMITS ALLOWING THE SALE OF LIQUOR BY QUALIFIED
13 ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE
14 RETAIL SALE OF LIQUOR, IT SHALL BE IN THE FOLLOWING FORM:
15 DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS TO
16 ALLOW THE SALE OF LIQUOR BY QUALIFIED ORGANIZATIONS IN
17 THE............................................... YES
18 OF...............................................? NO
19 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL
20 OCCASION PERMITS ALLOWING THE SALE OF MALT OR BREWED BEVERAGES
21 ONLY BY QUALIFIED ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT
22 ALREADY ALLOW THE RETAIL SALE OF MALT OR BREWED BEVERAGES, IT
23 SHALL BE IN THE FOLLOWING FORM:
24 DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS TO
25 ALLOW THE SALE OF MALT OR BREWED BEVERAGES ONLY BY QUALIFIED
26 ORGANIZATIONS IN THE.............................. YES
27 OF...............................................? NO
28 WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT,
29 OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL
30 BE IN THE FOLLOWING FORM:
20010H1519B3090 - 33 -
1 DO YOU FAVOR THE ESTABLISHMENT, OPERATION
2 AND MAINTENANCE OF PENNSYLVANIA LIQUOR
3 STORES IN THE.................................... YES
4 OF..............................................? NO
5 IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A
6 MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"
7 THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,
8 RESTAURANTS, RESORT FACILITIES AND CLUBS, OR LIQUOR LICENSES
9 SHALL BE GRANTED BY THE BOARD TO PUBLIC VENUES, TO PERFORMING
10 ARTS FACILITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY AN
11 ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE
12 GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT
13 AND BREWED BEVERAGE RETAIL DISPENSER LICENSES OR WHOLESALE
14 DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE
15 OF MALT OR BREWED BEVERAGES SHALL BE GRANTED BY THE BOARD, OR
16 CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES SHALL BE
17 GRANTED BY THE BOARD TO INCORPORATED UNITS OF NATIONAL VETERANS'
18 ORGANIZATIONS, OR SPECIAL OCCASION PERMITS MAY BE ISSUED TO
19 QUALIFIED ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND
20 MAINTAIN PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH
21 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY
22 THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH
23 QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT
24 OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO
25 VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY;
26 OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE
27 ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR
28 STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA
29 LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT
30 MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING
20010H1519B3090 - 34 -
1 PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT
2 MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE
3 EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY
4 SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A
5 LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON
6 SUCH QUESTION.
7 * * *
8 (E) AN ELECTION MAY BE HELD ON THE QUESTION OF GRANTING
9 LIQUOR LICENSES TO RESORT FACILITIES IN MUNICIPALITIES THAT DO
10 NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR IN SECTION 472(A) AT
11 THE PRIMARY ELECTION IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
12 THIS SUBSECTION, AND AT EACH SUBSEQUENT PRIMARY ELECTION,
13 NOTWITHSTANDING ANY REFERENDUM FREQUENCY RESTRICTION IN THIS ACT
14 TO THE CONTRARY.
15 (F) FOR PURPOSES OF THIS SECTION, "RESORT FACILITIES" SHALL
16 MEAN ANY HOTEL, RESTAURANT OR CLUB LOCATED ON PROPERTY OWNED BY
17 OR CONTIGUOUS TO A CONVENTION CENTER THAT OFFERS SKIING, GOLF,
18 HIKING AND HORSEBACK RIDING. THE CONVENTION CENTER ITSELF MUST
19 BE LOCATED ON PROPERTY AT LEAST TWO THOUSAND ACRES IN SIZE. THE
20 PROPERTY MAY BE LOCATED IN MORE THAN ONE MUNICIPALITY OR COUNTY.
21 SECTION 14. SECTION 472.1 OF THE ACT IS AMENDED TO READ:
22 SECTION 472.1. CLUBS.--(A) WHENEVER ANY CLUB IN EXISTENCE
23 AT LEAST FIVE YEARS PRIOR TO THE TIME OF APPLICATION FOR LICENSE
24 OWNS A CONTIGUOUS PLOT OF LAND IN MORE THAN TWO MUNICIPALITIES
25 IN ONE OR MORE BUT LESS THAN ALL OF WHICH THE GRANTING OF LIQUOR
26 LICENSES HAS NOT BEEN PROHIBITED AND AT LEAST ONE ACRE OF THE
27 PLOT OF LAND OWNED BY THE CLUB IS SITUATED IN EACH MUNICIPALITY
28 IN WHICH THE GRANTING OF LIQUOR LICENSES HAS NOT BEEN
29 PROHIBITED, THE CLUB MAY BE ISSUED A CLUB LIQUOR LICENSE OR A
30 CATERING LICENSE BY THE BOARD IF THE BOARD FINDS THAT THE
20010H1519B3090 - 35 -
1 LICENSE WILL NOT BE DETRIMENTAL TO ANY RESIDENTIAL NEIGHBORHOOD.
2 THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE ISSUANCE OF
3 CLUB LIQUOR LICENSES OR CATERING LICENSES WHICH MAY OTHERWISE BE
4 ISSUED UNDER THE PROVISIONS OF THIS ACT.
5 (B) ANY CLUB WHICH HOLDS A LIQUOR LICENSE OR A CATERING
6 LICENSE UNDER THIS SECTION ON THE EFFECTIVE DATE OF THIS
7 SUBSECTION MAY, FOR A PERIOD OF SIX (6) MONTHS FROM THE
8 EFFECTIVE DATE OF THIS SUBSECTION, EXCHANGE SUCH LICENSE FOR A
9 RESTAURANT LIQUOR LICENSE. THE RESTAURANT LIQUOR LICENSE SHALL
10 BE NONTRANSFERABLE AND SHALL BE ISSUED TO THE CLUB OR
11 CONCESSIONAIRE CHOSEN BY THE CLUB TO OPERATE THE RESTAURANT.
12 SECTION 15. SECTION 472.4 OF THE ACT, ADDED DECEMBER 7, 1990
13 (P.L.622, NO.160), IS AMENDED TO READ:
14 [SECTION 472.4. PRIVATELY-OWNED PUBLIC GOLF COURSES.--(A)
15 ANY PRIVATELY-OWNED PUBLIC GOLF COURSE LICENSEE MAY, UPON
16 APPLICATION TO AND THE APPROVAL OF THE BOARD, CONTRACT WITH A
17 CONCESSIONAIRE TO OPERATE A RESTAURANT OR PROVIDE FOOD SERVICE
18 AND, IN THE CASE OF A RESTAURANT LIQUOR LICENSEE, SELL LIQUOR
19 AND MALT AND BREWED BEVERAGES OR, IN THE CASE OF A MALT AND
20 BREWED BEVERAGE DISPENSER LICENSEE, SELL MALT AND BREWED
21 BEVERAGES PURSUANT TO THE PROVISIONS OF THIS ACT PERTAINING TO
22 SUCH LICENSEES.
23 (B) THE BOARD SHALL APPROVE THE APPLICATION OF ANY
24 PRIVATELY-OWNED PUBLIC GOLF COURSE LICENSEE TO CONTRACT WITH A
25 CONCESSIONAIRE PURSUANT TO SUBSECTION (A) UPON BEING SATISFIED
26 THAT THE CONCESSIONAIRE IS OF GOOD REPUTE AND FINANCIALLY
27 RESPONSIBLE.]
28 SECTION 16. SECTION 475 OF THE ACT IS AMENDED TO READ:
29 [SECTION 475. ESTABLISHMENTS PROXIMATE TO INTERSTATE
30 HIGHWAYS NOT TO BE LICENSED.--(A) NO LICENSE FOR THE SALE OF
20010H1519B3090 - 36 -
1 LIQUOR OR MALT OR BREWED BEVERAGES IN ANY QUANTITY SHALL BE
2 GRANTED TO THE PROPRIETOR, LESSEE, KEEPER OR MANAGER OF AN
3 ESTABLISHMENT THE BUILDING ENTRANCE TO WHICH IS LOCATED WITHIN
4 THREE HUNDRED FEET OF THE ENTRANCE OR EXIT OF AN INTERSTATE
5 LIMITED ACCESS HIGHWAY.
6 (B) THIS SECTION SHALL NOT APPLY TO EXISTING LICENSES, NOR
7 BE DEEMED TO AFFECT THE RIGHT OF AN EXISTING LICENSEE TO
8 REINSTATEMENT OR RENEWAL OF HIS LICENSE.]
9 SECTION 17. SECTION 477 OF THE ACT IS AMENDED BY ADDING A
10 SUBSECTION TO READ:
11 SECTION 477. APPLICANTS TO PROVIDE STATE TAX IDENTIFICATION
12 NUMBERS AND STATEMENT OF STATE TAX STATUS; WAIVER OF
13 CONFIDENTIALITY OF INFORMATION IN THE POSSESSION OF THE
14 DEPARTMENT OF REVENUE AND OTHER DEPARTMENTS; REVIEW OF STATE TAX
15 STATUS.--* * *
16 (G) THIS SECTION SHALL ALSO BE APPLICABLE TO ANY MANAGEMENT
17 COMPANY UTILIZED BY THE APPLICANT.
18 SECTION 18. ARTICLE IV OF THE ACT IS AMENDED BY ADDING A
19 SUBDIVISION TO READ:
20 (C.1) SHIPMENT OF WINE.
21 SECTION 488. SHIPMENT OF WINE INTO COMMONWEALTH.--(A) THE
22 SHIPMENT OF WINE FROM OUT-OF-STATE TO RESIDENTS OF THIS
23 COMMONWEALTH IS PROHIBITED, EXCEPT AS OTHERWISE PROVIDED FOR IN
24 THIS SECTION.
25 (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR LAW
26 TO THE CONTRARY, A PERSON LICENSED BY ANOTHER STATE AS A
27 PRODUCER, SUPPLIER, IMPORTER, WHOLESALER, DISTRIBUTOR OR
28 RETAILER OF WINE AND WHO OBTAINS A DIRECT WINE SHIPPER LICENSE
29 AS PROVIDED FOR IN THIS SECTION MAY SHIP UP TO NINE LITERS PER
30 MONTH OF ANY WINE ON THE INTERNET ORDER OF ANY RESIDENT OF THIS
20010H1519B3090 - 37 -
1 COMMONWEALTH WHO IS AT LEAST TWENTY-ONE YEARS OF AGE FOR SUCH
2 RESIDENT'S PERSONAL USE AND NOT FOR RESALE.
3 (C) AN OUT-OF-STATE WINE SHIPPER SHALL:
4 (1) NOT SHIP MORE THAN NINE LITERS PER MONTH ON THE INTERNET
5 ORDER OF ANY PERSON IN THIS COMMONWEALTH.
6 (2) NOT SHIP TO ANY ADDRESS IN A MUNICIPALITY THAT HAS
7 ADOPTED A LOCAL OPTION REFERENDUM UNDER SECTION 472.
8 (3) REPORT TO THE BOARD EACH YEAR THE TOTAL OF WINE SHIPPED
9 INTO THIS COMMONWEALTH IN THE PRECEDING CALENDAR YEAR.
10 (4) PERMIT THE BOARD OR THE SECRETARY OF REVENUE, OR THEIR
11 DESIGNATED REPRESENTATIVES, TO PERFORM AN AUDIT OF THE OUT-OF-
12 STATE WINE SHIPPER'S RECORDS UPON REQUEST.
13 (5) BE DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE
14 BOARD, ANY OTHER STATE AGENCY AND THE COURTS OF THIS
15 COMMONWEALTH FOR PURPOSES OF ENFORCEMENT OF THIS SECTION AND ANY
16 RELATED LAWS, RULES OR REGULATIONS.
17 (D) A DIRECT SHIPPER MAY SHIP WINE ON THE INTERNET ORDER OF
18 A RESIDENT INTO THIS COMMONWEALTH PROVIDED THAT THE WINE IS
19 SHIPPED TO A PENNSYLVANIA LIQUOR STORE SELECTED BY THE RESIDENT
20 AND THE RESIDENT PAYS ALL TAXES DUE ON THE WINE AT THE TIME THE
21 WINE IS PICKED UP.
22 (E) A PERSON SHALL SIGN AN AFFIDAVIT PROVIDED BY THE
23 PENNSYLVANIA LIQUOR STORE WHERE THE WINE WAS DELIVERED TO
24 STATING THAT THE WINE WILL ONLY BE USED FOR THE PERSON'S
25 PERSONAL USE. ANY PERSON WHO RESELLS WINE OBTAINED UNDER THIS
26 SECTION COMMITS A MISDEMEANOR OF THE SECOND DEGREE.
27 (F) THE BOARD MAY PROMULGATE SUCH RULES AND REGULATIONS AS
28 ARE NECESSARY TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS
29 SECTION.
30 (G) THE TERM "WINE" AS USED IN THIS SECTION SHALL MEAN
20010H1519B3090 - 38 -
1 LIQUOR WHICH IS FERMENTED FROM GRAPES AND OTHER FRUITS, HAVING
2 ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM OR LESS. THE TERM
3 "WINE" SHALL NOT INCLUDE MALT OR BREWED BEVERAGES, NOR SHALL
4 WINE INCLUDE ANY PRODUCTS CONTAINING ALCOHOL DERIVED FROM MALT,
5 GRAIN, CEREAL, MOLASSES OR CACTUS.
6 SECTION 19. SECTION 491(2), (8) AND (11) OF THE ACT ARE
7 AMENDED TO READ:
8 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND
9 LIQUOR LICENSEES.--
10 IT SHALL BE UNLAWFUL--
11 * * *
12 (2) POSSESSION OR TRANSPORTATION OF LIQUOR OR ALCOHOL. FOR
13 ANY PERSON, EXCEPT A MANUFACTURER OR THE BOARD OR THE HOLDER OF
14 A SACRAMENTAL WINE LICENSE OR OF AN IMPORTER'S LICENSE, TO
15 POSSESS OR TRANSPORT ANY LIQUOR OR ALCOHOL WITHIN THIS
16 COMMONWEALTH WHICH WAS NOT LAWFULLY ACQUIRED PRIOR TO JANUARY
17 FIRST, ONE THOUSAND NINE HUNDRED AND THIRTY-FOUR, OR HAS NOT
18 BEEN PURCHASED FROM A PENNSYLVANIA LIQUOR STORE OR A LICENSED
19 LIMITED WINERY IN PENNSYLVANIA, EXCEPT [MINIATURES TOTALLING
20 LESS THAN ONE GALLON PURCHASED BY A COLLECTOR OF THE SAME IN
21 ANOTHER STATE OR FOREIGN COUNTRY, OR] IN ACCORDANCE WITH SECTION
22 488 OR THE BOARD'S REGULATIONS. THE BURDEN SHALL BE UPON THE
23 PERSON POSSESSING OR TRANSPORTING SUCH LIQUOR OR ALCOHOL TO
24 PROVE THAT IT WAS SO ACQUIRED. BUT NOTHING HEREIN CONTAINED
25 SHALL PROHIBIT THE MANUFACTURE OR POSSESSION OF WINE BY ANY
26 PERSON IN HIS HOME FOR CONSUMPTION OF HIMSELF, HIS FAMILY AND
27 GUESTS AND NOT FOR SALE, NOT EXCEEDING, DURING ANY ONE CALENDAR
28 YEAR, TWO HUNDRED GALLONS, ANY OTHER LAW TO THE CONTRARY
29 NOTWITHSTANDING. SUCH WINE SHALL NOT BE MANUFACTURED, POSSESSED,
30 OFFERED FOR SALE OR SOLD ON ANY LICENSED PREMISES.
20010H1519B3090 - 39 -
1 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR
2 SHALL IT BE UNLAWFUL FOR ANY PERSON TO IMPORT INTO PENNSYLVANIA,
3 TRANSPORT OR HAVE IN HIS POSSESSION, AN AMOUNT OF LIQUOR NOT
4 EXCEEDING ONE GALLON IN VOLUME UPON WHICH A STATE TAX HAS NOT
5 BEEN PAID, IF IT CAN BE SHOWN TO THE SATISFACTION OF THE BOARD
6 THAT SUCH PERSON PURCHASED THE LIQUOR IN A FOREIGN COUNTRY OR
7 UNITED STATES TERRITORY AND WAS ALLOWED TO BRING IT INTO THE
8 UNITED STATES. NEITHER SHALL THE PROVISIONS CONTAINED HEREIN
9 PROHIBIT NOR MAKE IT UNLAWFUL FOR (I) ANY MEMBER OF THE ARMED
10 FORCES ON ACTIVE DUTY, OR (II) ANY RETIRED MEMBER OF THE ARMED
11 FORCES, OR (III) ANY TOTALLY DISABLED VETERAN, OR (IV) THE
12 SPOUSE OF ANY PERSON INCLUDED IN THE FOREGOING CLASSES OF
13 PERSONS TO IMPORT INTO PENNSYLVANIA, TRANSPORT OR HAVE IN HIS
14 POSSESSION AN AMOUNT OF LIQUOR NOT EXCEEDING ONE GALLON PER
15 MONTH IN VOLUME UPON WHICH THE STATE TAX HAS NOT BEEN PAID, SO
16 LONG AS SUCH LIQUOR HAS BEEN LAWFULLY PURCHASED FROM A PACKAGE
17 STORE ESTABLISHED AND MAINTAINED UNDER THE AUTHORITY OF THE
18 UNITED STATES AND IS IN CONTAINERS IDENTIFIED IN ACCORDANCE WITH
19 REGULATIONS ISSUED BY THE DEPARTMENT OF DEFENSE. SUCH LIQUOR
20 SHALL NOT BE POSSESSED, OFFERED FOR SALE OR SOLD ON ANY LICENSED
21 PREMISES.
22 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR
23 SHALL IT BE UNLAWFUL FOR ANY CONSUL GENERAL, CONSUL OR OTHER
24 DIPLOMATIC OFFICER OF A FOREIGN GOVERNMENT TO IMPORT INTO
25 PENNSYLVANIA, TRANSPORT OR HAVE IN HIS POSSESSION LIQUOR UPON
26 WHICH A STATE TAX HAS NOT BEEN PAID, IF IT CAN BE SHOWN TO THE
27 SATISFACTION OF THE BOARD THAT SUCH PERSON ACQUIRED THE LIQUOR
28 IN A FOREIGN COUNTRY AND WAS ALLOWED TO BRING IT INTO THE UNITED
29 STATES. SUCH LIQUOR SHALL NOT BE POSSESSED, OFFERED FOR SALE OR
30 SOLD ON ANY LICENSED PREMISES.
20010H1519B3090 - 40 -
1 ANY PERSON VIOLATING THE PROVISIONS OF THIS CLAUSE FOR A
2 FIRST OFFENSE INVOLVING THE POSSESSION OR TRANSPORTATION IN
3 PENNSYLVANIA OF ANY LIQUOR IN A PACKAGE (BOTTLE OR OTHER
4 RECEPTACLE) OR WINE NOT PURCHASED FROM A PENNSYLVANIA LIQUOR
5 STORE OR FROM A LICENSED LIMITED WINERY IN PENNSYLVANIA, WITH
6 RESPECT TO WHICH SATISFACTORY PROOF IS PRODUCED THAT THE
7 REQUIRED FEDERAL TAX HAS BEEN PAID AND WHICH WAS PURCHASED,
8 PROCURED OR ACQUIRED LEGALLY OUTSIDE OF PENNSYLVANIA SHALL UPON
9 CONVICTION THEREOF IN A SUMMARY PROCEEDING BE SENTENCED TO PAY A
10 FINE OF TWENTY-FIVE DOLLARS ($25) FOR EACH SUCH PACKAGE, PLUS
11 COSTS OF PROSECUTION, OR UNDERGO IMPRISONMENT FOR A TERM NOT
12 EXCEEDING NINETY (90) DAYS. EACH FULL QUART OR MAJOR FRACTION
13 THEREOF SHALL BE CONSIDERED A SEPARATE PACKAGE (BOTTLE OR OTHER
14 RECEPTACLE) FOR THE PURPOSES OF THIS CLAUSE. SUCH PACKAGES OF
15 LIQUOR SHALL BE FORFEITED TO THE COMMONWEALTH IN THE MANNER
16 PRESCRIBED IN ARTICLE VI OF THIS ACT BUT THE VEHICLE, BOAT,
17 VESSEL, ANIMAL OR AIRCRAFT USED IN THE ILLEGAL TRANSPORTATION OF
18 SUCH PACKAGES SHALL NOT BE SUBJECT TO FORFEITURE: PROVIDED,
19 HOWEVER, THAT IF IT IS A SECOND OR SUBSEQUENT OFFENSE OR IF IT
20 IS ESTABLISHED THAT THE ILLEGAL POSSESSION OR TRANSPORTATION WAS
21 IN CONNECTION WITH A COMMERCIAL TRANSACTION, THEN THE OTHER
22 PROVISIONS OF THIS ACT PROVIDING FOR PROSECUTION AS A
23 MISDEMEANOR AND FOR THE FORFEITURE OF THE VEHICLE, BOAT, VESSEL,
24 ANIMAL OR AIRCRAFT SHALL APPLY.
25 * * *
26 (8) IMPORTATION AND SALES OF ALCOHOL. FOR ANY PERSON, TO
27 IMPORT ALCOHOL INTO THIS COMMONWEALTH, OR TO SELL ALCOHOL TO ANY
28 PERSON, EXCEPT IN ACCORDANCE WITH SECTION 488 AND THE
29 REGULATIONS OF THE BOARD.
30 * * *
20010H1519B3090 - 41 -
1 (11) IMPORTATION OF LIQUOR. FOR ANY PERSON, OTHER THAN THE
2 BOARD OR THE HOLDER OF A SACRAMENTAL WINE LICENSE [OR OF], AN
3 IMPORTER'S LICENSE OR A DIRECT SHIPPER'S LICENSE, TO IMPORT ANY
4 LIQUOR WHATSOEVER INTO THIS COMMONWEALTH, BUT THIS SECTION SHALL
5 NOT BE CONSTRUED TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM
6 SELLING LIQUORS PURCHASED OUTSIDE THE COMMONWEALTH IN THEIR
7 DINING, CLUB AND BUFFET CARS WHICH ARE COVERED BY PUBLIC SERVICE
8 LIQUOR LICENSES AND WHICH ARE OPERATED IN THIS COMMONWEALTH.
9 * * *
10 SECTION 20. SECTION 493(3), (4), (9), (14) AND (26) OF THE
11 ACT, AMENDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO
12 READ:
13 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
14 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
15 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
16 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
17 OTHERWISE.
18 IT SHALL BE UNLAWFUL--
19 * * *
20 [(3) EXCHANGE OF LIQUOR OR MALT OR BREWED BEVERAGES FOR
21 MERCHANDISE, ETC. FOR ANY LICENSEE OR THE BOARD, OR ANY EMPLOYE,
22 SERVANT OR AGENT OF A LICENSEE OR OF THE BOARD, TO SELL, OFFER
23 TO SELL OR FURNISH ANY LIQUOR OR MALT OR BREWED BEVERAGES TO ANY
24 PERSON ON A PASS BOOK OR STORE ORDER, OR TO RECEIVE FROM ANY
25 PERSON ANY GOODS, WARES, MERCHANDISE OR OTHER ARTICLES IN
26 EXCHANGE FOR LIQUOR OR MALT OR BREWED BEVERAGES.
27 (4) PEDDLING LIQUOR OR MALT OR BREWED BEVERAGES. FOR ANY
28 PERSON, TO HAWK OR PEDDLE ANY LIQUOR OR MALT OR BREWED BEVERAGES
29 IN THIS COMMONWEALTH.]
30 * * *
20010H1519B3090 - 42 -
1 [(9) RETAIL LICENSEES FURNISHING FREE LUNCH, ETC. FOR ANY
2 RETAIL LIQUOR LICENSEE OR ANY RETAIL DISPENSER, HIS AGENTS,
3 SERVANTS OR EMPLOYES, TO FURNISH, GIVE OR SELL BELOW A FAIR COST
4 ANY LUNCH TO ANY CONSUMER, EXCEPT SUCH ARTICLES OF FOOD AS THE
5 BOARD MAY AUTHORIZE AND APPROVE.]
6 * * *
7 (14) PERMITTING UNDESIRABLE PERSONS OR MINORS TO FREQUENT
8 PREMISES. FOR ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE, OR
9 ANY RETAIL DISPENSER, HIS SERVANTS, AGENTS OR EMPLOYES, TO
10 PERMIT PERSONS OF ILL REPUTE, [KNOWN CRIMINALS,] PROSTITUTES OR
11 MINORS TO FREQUENT HIS LICENSED PREMISES OR ANY PREMISES
12 OPERATED IN CONNECTION THEREWITH, EXCEPT MINORS ACCOMPANIED BY
13 PARENTS, GUARDIANS, OR UNDER PROPER SUPERVISION OR EXCEPT MINORS
14 WHO FREQUENT ANY RESTAURANT OR RETAIL DISPENSING LICENSEE WHOSE
15 SALES OF FOOD AND NON-ALCOHOLIC BEVERAGES ARE EQUAL TO [SEVENTY]
16 SIXTY PER CENTUM OR MORE OF THE COMBINED GROSS SALES OF BOTH
17 FOOD AND ALCOHOLIC BEVERAGES ON THE CONDITION THAT ALCOHOLIC
18 BEVERAGES MAY NOT BE SERVED AT THE TABLE OR BOOTH AT WHICH THE
19 SAID MINOR IS SEATED AT THE TIME (UNLESS SAID MINOR IS UNDER
20 PROPER SUPERVISION AS HEREINAFTER DEFINED) AND ON THE FURTHER
21 CONDITION THAT ONLY TABLE SERVICE OF ALCOHOLIC BEVERAGES OR
22 TAKE-OUT SERVICE OF BEER SHALL BE PERMITTED IN THE ROOM WHEREIN
23 THE MINOR IS LOCATED: PROVIDED, HOWEVER, THAT IT SHALL NOT BE
24 UNLAWFUL FOR ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE OR
25 ANY RETAIL DISPENSER TO PERMIT MINORS UNDER PROPER SUPERVISION
26 UPON THE LICENSED PREMISES OR ANY PREMISES OPERATED IN
27 CONNECTION THEREWITH FOR THE PURPOSE OF A SOCIAL GATHERING, EVEN
28 IF SUCH GATHERING IS EXCLUSIVELY FOR MINORS: AND PROVIDED
29 FURTHER, THAT NO LIQUOR SHALL BE SOLD, FURNISHED OR GIVEN TO
30 SUCH MINORS NOR SHALL THE LICENSEE KNOWINGLY PERMIT ANY LIQUOR
20010H1519B3090 - 43 -
1 OR MALT OR BREWED BEVERAGES TO BE SOLD, FURNISHED OR GIVEN TO OR
2 BE CONSUMED BY ANY MINOR, AND THE AREA OF SUCH GATHERING SHALL
3 BE SEGREGATED FROM THE REMAINDER OF THE LICENSED PREMISES. IN
4 THE EVENT THE AREA OF SUCH GATHERING CANNOT BE SEGREGATED FROM
5 THE REMAINDER OF THE LICENSED PREMISES, ALL ALCOHOLIC BEVERAGES
6 MUST BE EITHER REMOVED FROM THE LICENSED PREMISES OR PLACED
7 UNDER LOCK AND KEY DURING THE TIME THE GATHERING IS TAKING
8 PLACE. [NOTICE OF SUCH GATHERING SHALL BE GIVEN THE BOARD AS IT
9 MAY, BY REGULATION, REQUIRE.] WRITTEN NOTICE, AT LEAST FORTY-
10 EIGHT (48) HOURS IN ADVANCE OF SUCH GATHERING, SHALL BE GIVEN TO
11 THE ENFORCEMENT BUREAU. ANY LICENSEE VIOLATING THE PROVISIONS OF
12 THIS CLAUSE SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 471.
13 NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO MAKE IT UNLAWFUL
14 FOR MINORS TO FREQUENT PUBLIC VENUES OR PERFORMING ARTS
15 FACILITIES.
16 "PROPER SUPERVISION," AS USED IN THIS CLAUSE, MEANS THE
17 PRESENCE, ON THAT PORTION OF THE LICENSED PREMISES WHERE A MINOR
18 OR MINORS ARE PRESENT, OF ONE PERSON TWENTY-FIVE YEARS OF AGE OR
19 OLDER FOR EVERY FIFTY MINORS OR PART THEREOF WHO IS DIRECTLY
20 RESPONSIBLE FOR THE CARE AND CONDUCT OF SUCH MINOR OR MINORS
21 WHILE ON THE LICENSED PREMISES AND IN SUCH PROXIMITY THAT THE
22 MINOR OR MINORS ARE CONSTANTLY WITHIN HIS SIGHT OR HEARING. THE
23 PRESENCE OF THE LICENSEE OR ANY EMPLOYE OR SECURITY OFFICER OF
24 THE LICENSEE SHALL NOT CONSTITUTE PROPER SUPERVISION.
25 * * *
26 (26) WORTHLESS CHECKS. FOR ANY RETAIL LIQUOR LICENSEE OR ANY
27 RETAIL DISPENSER, DISTRIBUTOR OR IMPORTING DISTRIBUTOR, TO MAKE,
28 DRAW, UTTER, ISSUE OR DELIVER, OR CAUSE TO BE MADE, DRAWN,
29 UTTERED, ISSUED OR DELIVERED, ANY CHECK, DRAFT OR SIMILAR ORDER,
30 FOR THE PAYMENT OF MONEY IN PAYMENT FOR ANY PURCHASE OF MALT OR
20010H1519B3090 - 44 -
1 BREWED BEVERAGES, WHEN SUCH RETAIL LIQUOR LICENSEE, RETAIL
2 DISPENSER, DISTRIBUTOR OR IMPORTING DISTRIBUTOR, HAS NOT
3 SUFFICIENT FUNDS IN, OR CREDIT WITH, SUCH BANK, BANKING
4 INSTITUTION, TRUST COMPANY OR OTHER DEPOSITORY, FOR THE PAYMENT
5 OF SUCH CHECK. ANY PERSON WHO IS A LICENSEE UNDER THE PROVISIONS
6 OF THIS ARTICLE, WHO SHALL RECEIVE IN PAYMENT FOR MALT OR BREWED
7 BEVERAGES SOLD BY HIM ANY CHECK, DRAFT OR SIMILAR ORDER FOR THE
8 PAYMENT OF MONEY, WHICH IS SUBSEQUENTLY DISHONORED BY THE BANK,
9 BANKING INSTITUTION, TRUST COMPANY OR OTHER DEPOSITORY, UPON
10 WHICH DRAWN, FOR ANY REASON WHATSOEVER, SHALL, WITHIN FIVE DAYS
11 OF RECEIPT OF NOTICE OF SUCH DISHONOR, NOTIFY BY CERTIFIED MAIL
12 THE PERSON WHO PRESENTED THE SAID WORTHLESS CHECK, DRAFT OR
13 SIMILAR ORDER. THIS CLAUSE SHALL NOT BE DEEMED TO HAVE BEEN
14 VIOLATED IF THE CHECK, DRAFT OR SIMILAR ORDER IS HONORED WITHIN
15 TWENTY DAYS OF THE DATE ON WHICH IT WAS MADE, DRAWN, ISSUED OR
16 PRESENTED.
17 SECTION 21. SECTION 495(A), (E) AND (F) OF THE ACT, AMENDED
18 OR ADDED DECEMBER 21, 1988 (P.L.1879, NO.183) AND DECEMBER 20,
19 1996 (P.L.1523, NO.199), ARE AMENDED TO READ:
20 SECTION 495. IDENTIFICATION CARDS; LICENSEES AND STATE
21 LIQUOR STORE EMPLOYES SAVED FROM PROSECUTION.--(A) THE VALID
22 PHOTO DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE
23 DEPARTMENT OF TRANSPORTATION OR BY ANY OTHER STATE, [AN] A VALID
24 ARMED FORCES OF THE UNITED STATES IDENTIFICATION CARD, A VALID
25 PASSPORT OR A TRAVEL VISA ISSUED BY THE UNITED STATES OR A
26 FOREIGN COUNTRY THAT CONTAINS THE HOLDER'S PHOTOGRAPH SHALL, FOR
27 THE PURPOSE OF THIS ACT, BE ACCEPTED AS AN IDENTIFICATION CARD.
28 * * *
29 [(E) ANY SUCH SIGNED FORM IN THE POSSESSION OF A LICENSEE OR
30 AN EMPLOYE OF A STATE LIQUOR STORE MAY BE OFFERED AS A DEFENSE
20010H1519B3090 - 45 -
1 IN ALL CIVIL AND CRIMINAL PROSECUTIONS FOR SERVING A MINOR, AND
2 NO PENALTY SHALL BE IMPOSED IF THE ADMINISTRATIVE LAW JUDGE OR
3 THE COURTS ARE SATISFIED THAT THE LICENSEE OR STATE LIQUOR STORE
4 EMPLOYE ACTED IN GOOD FAITH.
5 (F) A PHOTOGRAPH OR PHOTOCOPY OR OTHER VISUAL OR VIDEO
6 PRESENTATION OF THE IDENTIFICATION CARD SET FORTH IN SUBSECTION
7 (A) IN THE POSSESSION OF A LICENSEE OR AN EMPLOYE OF A STATE
8 LIQUOR STORE MAY BE OFFERED AS A DEFENSE IN ALL CIVIL AND
9 CRIMINAL PROSECUTIONS FOR SERVING A MINOR, AND NO PENALTY SHALL
10 BE IMPOSED IF THE ADMINISTRATIVE LAW JUDGE OR THE COURTS ARE
11 SATISFIED THAT THE LICENSEE OR STATE LIQUOR STORE EMPLOYE ACTED
12 IN GOOD FAITH.]
13 (E) NO PENALTY SHALL BE IMPOSED ON A LICENSEE, LICENSEE'S
14 EMPLOYE OR STATE LIQUOR STORE EMPLOYE FOR SERVING ALCOHOL TO A
15 MINOR IF THE LICENSEE OR EMPLOYE CAN ESTABLISH THAT THE MINOR
16 WAS REQUIRED TO PRODUCE AN IDENTIFICATION CARD AS SET FORTH IN
17 SUBSECTION (A), THE MINOR COMPLETED AND SIGNED THE FORM AS SET
18 FORTH IN SUBSECTION (C), AND THESE DOCUMENTS WERE RELIED UPON IN
19 GOOD FAITH. THIS DEFENSE SHALL APPLY TO ALL CIVIL AND CRIMINAL
20 PROSECUTIONS.
21 (F) IN ADDITION TO THE DEFENSE SET FORTH IN SUBSECTION (E),
22 NO PENALTY SHALL BE IMPOSED ON A LICENSEE, LICENSEE'S EMPLOYE OR
23 STATE LIQUOR STORE EMPLOYE FOR SERVING ALCOHOL TO A MINOR IF THE
24 LICENSEE OR EMPLOYE CAN ESTABLISH THAT THE MINOR WAS REQUIRED TO
25 PRODUCE AN IDENTIFICATION CARD AS SET FORTH IN SUBSECTION (A), A
26 PHOTOGRAPH, PHOTOCOPY OR OTHER VISUAL OR VIDEO PRESENTATION OF
27 THE IDENTIFICATION CARD WAS MADE AND THOSE DOCUMENTS WERE RELIED
28 UPON IN GOOD FAITH. THIS DEFENSE SHALL APPLY TO ALL CIVIL AND
29 CRIMINAL PROSECUTIONS.
30 SECTION 22. SECTION 496 OF THE ACT IS AMENDED TO READ:
20010H1519B3090 - 46 -
1 SECTION 496. REPORTING OF WORTHLESS CHECKS.--ANY PERSON WHO
2 IS A LICENSEE UNDER THE PROVISIONS OF THIS ARTICLE, WHO SHALL
3 RECEIVE IN PAYMENT FOR MALT OR BREWED BEVERAGES SOLD BY HIM ANY
4 CHECK, DRAFT OR SIMILAR ORDER, FOR THE PAYMENT OF MONEY, WHICH
5 IS SUBSEQUENTLY DISHONORED BY THE BANK, BANKING INSTITUTION,
6 TRUST COMPANY OR OTHER DEPOSITORY, UPON WHICH DRAWN, FOR ANY
7 REASON WHATSOEVER, AND WHICH VIOLATES THE PROVISIONS OF SECTION
8 493(26) SHALL, WITHIN [TWENTY DAYS OF RECEIPT OF NOTICE OF SUCH
9 DISHONOR] THIRTY DAYS OF THE DATE ON WHICH THE CHECK, DRAFT OR
10 SIMILAR ORDER WAS MADE, DRAWN, ISSUED OR PRESENTED, NOTIFY THE
11 BOARD THEREOF. SUCH NOTIFICATION TO THE BOARD SHALL BE IN SUCH
12 MANNER AND FORM AS THE BOARD SHALL DIRECT.
13 SECTION 23. SECTION 498 OF THE ACT, AMENDED DECEMBER 20,
14 1996 (P.L.1523, NO.199), IS AMENDED TO READ:
15 SECTION 498. UNLAWFUL ADVERTISING.--(A) MANUFACTURERS,
16 WHOLESALERS, RETAILERS AND SHIPPERS, WHETHER FROM OUTSIDE OR
17 INSIDE THIS COMMONWEALTH, AND ANY LICENSEE UNDER THIS ACT ARE
18 PERMITTED TO ADVERTISE THEIR PRODUCTS AND PRICES IN THIS
19 COMMONWEALTH. ALL ADVERTISEMENTS SHALL BE SUBJECT TO ALL FEDERAL
20 AND STATE LAWS AND REGULATIONS.
21 (B) NO ADVERTISEMENT OF PRICE MAY CONTAIN THE FOLLOWING:
22 (1) ANY STATEMENT THAT IS FALSE, DECEPTIVE OR MISLEADING.
23 (2) ANY STATEMENT THAT IS DISPARAGING OF THE PRODUCTS OF A
24 COMPETITOR.
25 (3) ANY STATEMENT REFERRING TO MONETARY COMPARISON BETWEEN
26 BRANDS.
27 (C) PRICES THAT ARE ADVERTISED OR DISPLAYED ON THE LICENSED
28 PREMISES SHALL BE THOSE THAT ARE IN EFFECT AT THE TIME OF THE
29 ADVERTISEMENT OR DISPLAY.
30 [(D) NO PRICES, OTHER THAN THE POSTING OF A PRINTED MENU OR
20010H1519B3090 - 47 -
1 WINE LIST AS EXPRESSLY PROVIDED FOR IN SECTION 493(20)(I), MAY
2 BE DISPLAYED IN A WINDOW OF ANY LICENSED ESTABLISHMENT.]
3 (E) THE FOLLOWING SHALL APPLY TO ALL ALCOHOLIC BEVERAGE AND
4 MALT BEVERAGE ADVERTISING:
5 (1) THE ENTITY RESPONSIBLE FOR THE ADVERTISEMENT SHALL BE
6 CLEARLY IDENTIFIED IN THE ADVERTISEMENT.
7 (2) NO LICENSEE MAY DISTRIBUTE, BY MAIL, PERSONALLY OR
8 THROUGH SERVANTS, AGENTS OR EMPLOYEES, PRICE LISTS, CIRCULARS OR
9 HANDBILLS OFF THE LICENSED PREMISES TO THE GENERAL PUBLIC AS A
10 MEANS OF ADVERTISING LIQUOR, WINE OR MALT OR BREWED BEVERAGES.
11 (3) NO PRINT ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF ANY
12 TYPE SHALL BE PERMITTED WITHIN THREE HUNDRED FEET OF ANY CHURCH,
13 SCHOOL OR PUBLIC PLAYGROUND. THIS PROHIBITION SHALL NOT PRECLUDE
14 ANY POINT OF SALE ADVERTISEMENT, MENUS OR OTHER PRINT
15 ADVERTISEMENT REGARDING ALCOHOLIC BEVERAGES INSIDE THE LICENSED
16 PREMISES.
17 (4) THE USE IN ANY ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF
18 ANY SUBJECT MATTER, LANGUAGE OR SLOGAN DIRECTED TO MINORS TO
19 PROMOTE CONSUMPTION OF ALCOHOLIC BEVERAGES IS PROHIBITED.
20 NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT OR PROHIBIT
21 ANY ADVERTISEMENT OF ALCOHOLIC BEVERAGES TO THOSE PERSONS OF
22 LEGAL DRINKING AGE.
23 (5) NO ADVERTISEMENT SHALL BE PERMITTED, EITHER DIRECTLY OR
24 INDIRECTLY, IN ANY BOOKLET, PROGRAM BOOK, YEARBOOK, MAGAZINE,
25 NEWSPAPER, PERIODICAL, BROCHURE, CIRCULAR OR OTHER SIMILAR
26 PUBLICATION PUBLISHED BY, FOR OR IN BEHALF OF ANY EDUCATIONAL
27 INSTITUTION.
28 (6) NO ADVERTISEMENT THAT IS OBSCENE SHALL BE PERMITTED.
29 (F) ADVERTISEMENT OF ALCOHOLIC BEVERAGES AND MALT AND BREWED
30 BEVERAGES SHALL NOT BE INCONSISTENT WITH THE SPIRIT OF SAFETY OR
20010H1519B3090 - 48 -
1 SAFE DRIVING PROGRAMS.
2 (G) FOR PURPOSES OF THIS SUBSECTION, THE TERM
3 "ADVERTISEMENT" SHALL MEAN ANY ADVERTISING OF ALCOHOLIC
4 BEVERAGES THROUGH THE MEDIUM OF RADIO BROADCAST, TELEVISION
5 BROADCAST, NEWSPAPERS, PERIODICALS OR OTHER PUBLICATION, OUTDOOR
6 ADVERTISEMENT OR ANY OTHER PRINTED OR GRAPHIC MATTER, INCLUDING
7 BOOKLETS, FLYERS OR CARDS, OR ON THE PRODUCT LABEL OR ATTACHMENT
8 ITSELF.
9 SECTION 24. SECTION 499 OF THE ACT IS AMENDED BY ADDING
10 SUBSECTIONS TO READ:
11 SECTION 499. PREMISES TO BE VACATED BY PATRONS.--* * *
12 (D) THIS SECTION SHALL NOT APPLY TO HOLDERS OF PUBLIC
13 SERVICE LICENSES.
14 (E) NOTHING IN THIS SECTION SHALL PROHIBIT RESTAURANT
15 LIQUOR, EATING PLACE RETAIL DISPENSER OR HOTEL LICENSES FROM
16 BEING OPEN 7:00 ANTE MERIDIAN ON SUNDAY UNTIL 2:00 ANTE MERIDIAN
17 MONDAY FOR THE PURPOSE OF SERVING FOOD AND NON-ALCOHOLIC
18 BEVERAGES.
19 Section 3 25. This act shall take effect in 60 days. <--
D17L47BIL/20010H1519B3090 - 49 -