PRINTER'S NO. 2388
No. 1831 Session of 2001
INTRODUCED BY BISHOP, MELIO, BARRAR, LEDERER, WATSON, RUFFING,
KAISER, JOSEPHS, CREIGHTON, LAUGHLIN, STABACK, DALEY, WOGAN,
CAPPELLI, McILHATTAN, YOUNGBLOOD, TRICH, HENNESSEY,
MANDERINO, CRUZ AND ROEBUCK, JUNE 22, 2001
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 22, 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 further providing for issuance of hotel, restaurant and club
18 liquor licenses.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 404 of the act of April 12, 1951 (P.L.90,
22 No.21), known as the Liquor Code, reenacted and amended June 29,
23 1987 (P.L.32, No.14), and amended December 20, 2000 (P.L.992,
24 No.141), is amended to read:
25 Section 404. Issuance of Hotel, Restaurant and Club Liquor
1 Licenses.--Upon receipt of the application and the proper fees,
2 and upon being satisfied of the truth of the statements in the
3 application that the applicant is the only person in any manner
4 pecuniarily interested in the business so asked to be licensed
5 and that no other person will be in any manner pecuniarily
6 interested therein during the continuance of the license, except
7 as hereinafter permitted, and that the applicant is a person of
8 good repute, that the premises applied for meet all the
9 requirements of this act and the regulations of the board, that
10 the applicant seeks a license for a hotel, restaurant or club,
11 as defined in this act, and that the issuance of such license is
12 not prohibited by any of the provisions of this act, the board
13 shall, in the case of a hotel or restaurant, grant and issue to
14 the applicant a liquor license, and in the case of a club may,
15 in its discretion, issue or refuse a license: Provided, however,
16 That in the case of any new license or the transfer of any
17 license to a new location the board may, in its discretion,
18 grant or refuse such new license or transfer if such place
19 proposed to be licensed is within three hundred feet of any
20 church, hospital, charitable institution, school, or public
21 playground, or if such new license or transfer is applied for a
22 place which is within two hundred feet of any other premises
23 which is licensed by the board: And provided further, That the
24 board's authority to refuse to grant a license because of its
25 proximity to a church, hospital, charitable institution, public
26 playground or other licensed premises shall not be applicable to
27 license applications submitted for public venues or performing
28 arts facilities: And provided further, That the board shall
29 refuse any application for a new license or the transfer of any
30 license to a new location if, in the board's opinion, such new
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1 license or transfer would be detrimental to the welfare, health,
2 peace and morals of the inhabitants of the neighborhood within a
3 radius of five hundred feet of the place proposed to be
4 licensed: And provided further, That [prior to July 1, 1996,] in
5 any license district in a city of the first class, the board
6 may, in its opinion, refuse any application for a new license or
7 for any person-to-person transfer which shall include a change
8 in stockholders involving ten per centum or more of all
9 outstanding voting stock and/or less than ten per centum of all
10 outstanding voting stock when such change involves a majority or
11 controlling interest, of any license if the licensed premises is
12 or would be within three hundred feet of any church, hospital,
13 charitable institution, school or public playground or within
14 two hundred feet of any other premises licensed by the board and
15 if, in the opinion of the board, the licensed premises is or
16 would be detrimental to the welfare, health, peace and morals of
17 such church, hospital, school, public playground and/or the
18 inhabitants of the neighborhood within a radius of five hundred
19 feet of the licensed premises. This authority to refuse a
20 person-to-person transfer in a city of the first class is in
21 addition to and not in derogation of the authority of the board
22 generally stated for all areas of this Commonwealth: And
23 provided further, That the board shall have the discretion to
24 refuse a license to any person or to any corporation,
25 partnership or association if such person, or any officer or
26 director of such corporation, or any member or partner of such
27 partnership or association shall have been convicted or found
28 guilty of a felony within a period of five years immediately
29 preceding the date of application for the said license. The
30 board shall refuse any application for a new license or the
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1 transfer of any license to a location where the sale of liquid
2 fuels or oil is conducted. The board may, in its discretion,
3 refuse an application for an economic development license under
4 section 461(b.1) or an application for an intermunicipal
5 transfer of a license if the board receives a protest from the
6 governing body of the receiving municipality. The receiving
7 municipality of an intermunicipal transfer or an economic
8 development license under section 461(b.1) may file a protest
9 against the transfer of a license into its municipality, and the
10 receiving municipality shall have standing in a hearing to
11 present testimony in support of or against the issuance or
12 transfer of a license. Upon any opening in any quota, an
13 application for a new license shall only be filed with the board
14 for a period of six months following said opening.
15 Section 2. This act shall take effect in 60 days.
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