PRINTER'S NO. 2439
No. 1929 Session of 1997
INTRODUCED BY SERAFINI, GEIST, GIGLIOTTI, CORRIGAN, HALUSKA,
McCALL, McNAUGHTON, BELFANTI, LAUGHLIN, YOUNGBLOOD,
SCRIMENTI, CIVERA, MELIO, PESCI, BELARDI, STABACK, McGEEHAN,
WOGAN, ROSS, TRELLO, TRAVAGLIO, MYERS, BUNT, SAINATO AND
TIGUE, OCTOBER 20, 1997
REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 20, 1997
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 eliminating the requirement that certain licensees obtain
18 bonds.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 403(a) of the act of April 12, 1951
22 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
23 June 29, 1987 (P.L.32, No.14) and amended April 29, 1994
24 (P.L.212, No.30), is amended to read:
1 Section 403. Applications for Hotel, Restaurant and Club
2 Liquor Licenses.--(a) Every applicant for a hotel liquor
3 license, restaurant liquor license or club liquor license or for
4 the transfer of an existing license to another premises not then
5 licensed shall file a written application with the board in such
6 form and containing such information as the board shall from
7 time to time prescribe, which shall be accompanied by a filing
8 fee and an annual license fee as prescribed in section 614-A of
9 the act of April 9, 1929 (P.L.177, No.175), known as "The
10 Administrative Code of 1929[," and the bond hereinafter
11 specified.]." Every such application shall contain a description
12 of that part of the hotel, restaurant or club for which the
13 applicant desires a license and shall set forth such other
14 material information, description or plan of that part of the
15 hotel, restaurant or club where it is proposed to keep and sell
16 liquor as may be required by the regulations of the board. The
17 descriptions, information and plans referred to in this
18 subsection shall show the hotel, restaurant, club, or the
19 proposed location for the construction of a hotel, restaurant or
20 club, at the time the application is made, and shall show any
21 alterations proposed to be made thereto, or the new building
22 proposed to be constructed after the approval by the board of
23 the application for a license or for the transfer of an existing
24 license to another premises not then licensed. No physical
25 alterations, improvements or changes shall be required to be
26 made to any hotel, restaurant or club, nor shall any new
27 building for any such purpose, be required to be constructed
28 until approval of the application for license or for the
29 transfer of an existing license to another premises not then
30 licensed by the board. After approval of the application, the
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1 licensee shall make the physical alterations, improvements and
2 changes to the licensed premises, or shall construct the new
3 building in the manner specified by the board at the time of
4 approval, and the licensee shall not transact any business under
5 the license until the board has approved the completed physical
6 alterations, improvements and changes to the licensed premises,
7 or the completed construction of the new building as conforming
8 to the specifications required by the board at the time of
9 issuance or transfer of the license, and is satisfied that the
10 establishment is a restaurant, hotel or club as defined by this
11 act. The board may require that all such alterations or
12 construction or conformity to definition be completed within six
13 months from the time of issuance or transfer of the license.
14 Failure to comply with these requirements shall be considered
15 cause for revocation of the license. No such license shall be
16 transferable between the time of issuance or transfer of the
17 license and the approval of the completed alterations or
18 construction by the board and full compliance by the licensee
19 with the requirements of this act, except in the case of death
20 of the licensee prior to full compliance with all of the
21 aforementioned requirements, in which event, the license may be
22 transferred by the board as provided in this act.
23 * * *
24 Section 2. Section 404 of the act, amended April 29, 1994
25 (P.L.212, No.30) and October 5, 1994 (P.L.522, No.77), is
26 amended to read:
27 Section 404. Issuance of Hotel, Restaurant and Club Liquor
28 Licenses.--Upon receipt of the application[,] and the proper
29 fees [and bond,] and upon being satisfied of the truth of the
30 statements in the application that the applicant is the only
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1 person in any manner pecuniarily interested in the business so
2 asked to be licensed and that no other person will be in any
3 manner pecuniarily interested therein during the continuance of
4 the license, except as hereinafter permitted, and that the
5 applicant is a person of good repute, that the premises applied
6 for meet all the requirements of this act and the regulations of
7 the board, that the applicant seeks a license for a hotel,
8 restaurant or club, as defined in this act, and that the
9 issuance of such license is not prohibited by any of the
10 provisions of this act, the board shall, in the case of a hotel
11 or restaurant, grant and issue to the applicant a liquor
12 license, and in the case of a club may, in its discretion, issue
13 or refuse a license: Provided, however, That in the case of any
14 new license or the transfer of any license to a new location the
15 board may, in its discretion, grant or refuse such new license
16 or transfer if such place proposed to be licensed is within
17 three hundred feet of any church, hospital, charitable
18 institution, school, or public playground, or if such new
19 license or transfer is applied for a place which is within two
20 hundred feet of any other premises which is licensed by the
21 board: And provided further, That the board shall refuse any
22 application for a new license or the transfer of any license to
23 a new location if, in the board's opinion, such new license or
24 transfer would be detrimental to the welfare, health, peace and
25 morals of the inhabitants of the neighborhood within a radius of
26 five hundred feet of the place proposed to be licensed: And
27 provided further, That prior to July 1, 1996, in any license
28 district in a city of the first class, the board may, in its
29 opinion, refuse any application for a new license or for any
30 person-to-person transfer which shall include a change in
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1 stockholders involving ten per centum or more of all outstanding
2 voting stock and/or less than ten per centum of all outstanding
3 voting stock when such change involves a majority or controlling
4 interest, of any license if the licensed premises is or would be
5 within three hundred feet of any church, hospital, charitable
6 institution, school or public playground or within two hundred
7 feet of any other premises licensed by the board and if, in the
8 opinion of the board, the licensed premises is or would be
9 detrimental to the welfare, health, peace and morals of such
10 church, hospital, school, public playground and/or the
11 inhabitants of the neighborhood within a radius of five hundred
12 feet of the licensed premises. This authority to refuse a
13 person-to-person transfer in a city of the first class is in
14 addition to and not in derogation of the authority of the board
15 generally stated for all areas of this Commonwealth: And
16 provided further, That the board shall have the discretion to
17 refuse a license to any person or to any corporation,
18 partnership or association if such person, or any officer or
19 director of such corporation, or any member or partner of such
20 partnership or association shall have been convicted or found
21 guilty of a felony within a period of five years immediately
22 preceding the date of application for the said license. The
23 board shall refuse any application for a new license or the
24 transfer of any license to a location where the sale of liquid
25 fuels or oil is conducted. Upon any opening in any quota, an
26 application for a new license shall only be filed with the board
27 for a period of six months following said opening.
28 Section 3. Section 405(e) and 408(c) and (d) of the act,
29 amended April 29, 1994 (P.L.212, No.30), are amended to read:
30 Section 405. License Fees.--* * *
19970H1929B2439 - 5 -
1 (e) Every application for a restaurant liquor license for a
2 nonprimary pari-mutuel wagering location or a racetrack shall be
3 accompanied by an applicant's fee of five thousand dollars
4 ($5,000) [and a bond in the penal sum of two thousand dollars
5 ($2,000)] for the first year of a licensing period. Thereafter,
6 the nonprimary pari-mutuel wagering location or the racetrack
7 shall be subject to the above stated fees for restaurant
8 licenses [and the filing of a bond in the amount of two thousand
9 dollars ($2,000)] for each year of a licensing period.
10 Section 408. Public Service Liquor Licenses.--* * *
11 (c) Every applicant for a public service liquor license
12 shall [file with the board a surety bond as hereinafter
13 prescribed,] pay to the board for each of the maximum number of
14 dining, club or buffet cars which the applicant estimates it
15 will have in operation on any one day an annual fee as
16 prescribed in section 614-A of the act of April 9, 1929
17 (P.L.177, No.175), known as "The Administrative Code of 1929."
18 (d) Unless previously revoked, every license issued by the
19 board under this section shall expire if the annual fee is not
20 timely paid or on the last day of the license period for which
21 the license is issued. Licenses issued under the provisions of
22 this section shall be renewed as herein provided, upon the
23 filing of applications in such form as the board shall
24 prescribe, but no license shall be renewed until the applicant
25 shall [file with the board a new surety bond and shall] pay the
26 requisite license fee.
27 * * *
28 Section 4. Sections 408.1(f), 408.2(f) and 408.3(f) of the
29 act are amended to read:
30 Section 408.1. Trade Show and Convention Licenses.--* * *
19970H1929B2439 - 6 -
1 [(f) The penal sum of the bond which shall be filed by an
2 applicant for a trade show and convention license pursuant to
3 section 465 of this article shall be two thousand dollars
4 ($2,000) and in addition thereto he shall file an additional
5 bond in a sum to assure payment of any suspension of license up
6 to one hundred days.]
7 * * *
8 Section 408.2. City-Owned Stadia.--* * *
9 [(f) The penal sum of the bond which shall be filed by an
10 applicant for a stadium license pursuant to section 465 of the
11 "Liquor Code" shall be two thousand dollars ($2,000) and in
12 addition thereto he shall file an additional bond in a sum to
13 assure payment of any fine imposed by the board up to one
14 thousand dollars ($1,000).]
15 * * *
16 Section 408.3. Performing Arts Facilities.--* * *
17 [(f) The penal sum of the bond which shall be filed by an
18 applicant for a performing arts facility pursuant to section 465
19 of the "Liquor Code" shall be two thousand dollars ($2,000).]
20 * * *
21 Section 5. Sections 408.6(f), 408.7(f), 408.8(f), 408.10(f),
22 408.11(f), 409(b) and 410(b) and (c) of the act, amended or
23 added April 29, 1994 (P.L.212, No.30), are amended to read:
24 Section 408.6. Performing Arts Facilities in Second Class A
25 Cities, Third Class Cities and Townships of the Second Class
26 Located in Fourth Class Counties.--* * *
27 [(f) The penal sum of the bond which shall be filed by an
28 applicant for a performing arts facility pursuant to section 465
29 shall be two thousand dollars ($2,000) for each year of a
30 licensing period.]
19970H1929B2439 - 7 -
1 * * *
2 Section 408.7. Performing Arts Facilities in First and
3 Second Class Cities.--* * *
4 [(f) The penal sum of the bond which shall be filed by an
5 applicant for a performing arts facility pursuant to section 465
6 shall be two thousand dollars ($2,000) for each year of a
7 licensing period.]
8 * * *
9 Section 408.8. Trade Shows and Convention Licenses; Cities
10 of the Third Class.--* * *
11 [(f) The penal sum of the bond which shall be filed by an
12 applicant for a trade show or convention facility pursuant to
13 section 465 shall be two thousand dollars ($2,000) for each year
14 of a licensing period.]
15 * * *
16 Section 408.10. Recreation Facilities.--* * *
17 [(f) The penal sum of the bond which shall be filed by an
18 applicant for a license issued under this section, pursuant to
19 section 465, shall be two thousand dollars ($2,000) for each
20 year of a licensing period, and in addition thereto the
21 applicant shall file an additional bond in a sum to assure
22 payment of any fine imposed by the board up to one thousand
23 dollars ($1,000).]
24 * * *
25 Section 408.11. Seasonal Outdoor Cafe.--* * *
26 [(f) The penal sum of the bond which shall be filed by an
27 applicant for a license issued under this section, pursuant to
28 section 465, shall be two thousand dollars ($2,000).]
29 * * *
30 Section 409. Sacramental Wine Licenses; Fees; Privileges;
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1 Restrictions.--* * *
2 (b) Every applicant for a sacramental wine license shall
3 file a written application with the board in such form as the
4 board shall from time to time prescribe, which shall be
5 accompanied by a filing fee as prescribed in section 614-A of
6 the act of April 9, 1929 (P.L.177, No.175), known as "The
7 Administrative Code of 1929," and a license fee of one hundred
8 dollars[, and a bond as hereinafter prescribed]. Every such
9 application shall contain a description of the premises for
10 which the applicant desires a license and shall set forth such
11 other material information as may be required by the board.
12 * * *
13 Section 410. Liquor Importers' Licenses; Fees; Privileges;
14 Restrictions.--* * *
15 (b) Every applicant for an importer's license shall file a
16 written application with the board in such form as the board
17 shall from time to time prescribe. The filing and license fees
18 shall be as prescribed in section 614-A of the act of April 9,
19 1929 (P.L.177, No.175), known as "The Administrative Code of
20 1929." [The applicant shall file a bond as hereinafter
21 required.] Every such application shall contain a description of
22 the principal place of business for which the applicant desires
23 a license and shall set forth such other material information as
24 may be required by the board.
25 (c) The holder of an importer's license may have included in
26 such license one warehouse wherein only his liquor may be kept
27 and stored, located in the same municipality in which his
28 licensed premises is situate, and not elsewhere, unless such
29 licensee secures from the board a license for each additional
30 storage warehouse desired. The board is authorized and empowered
19970H1929B2439 - 9 -
1 to issue to a holder of an importer's license a license for an
2 additional storage warehouse or warehouses located in this
3 Commonwealth, provided such licensed importer files with the
4 board a separate application for each warehouse in such form and
5 containing such information as the board may from time to time
6 require. The filing and license fees shall be as prescribed in
7 section 614-A of "The Administrative Code of 1929." [The
8 applicant shall file a bond of an approved surety company in the
9 amount of ten thousand dollars for each year of a licensing
10 period. Such bond shall contain the same provisions and
11 conditions as are required in the other license bonds under this
12 article.]
13 * * *
14 Section 6. Section 431(a) and (b) of the act, amended May
15 31, 1996 (P.L.312, No.49), are amended to read:
16 Section 431. Malt and Brewed Beverages Manufacturers',
17 Distributors' and Importing Distributors' Licenses.--(a) The
18 board shall issue to any person a resident of this Commonwealth
19 of good repute who applies therefor, and pays the license fee
20 hereinafter prescribed, [and files the bond hereinafter
21 required,] a manufacturer's license to produce and manufacture
22 malt or brewed beverages, and to transport, sell and deliver
23 malt or brewed beverages at or from one or more places of
24 manufacture or storage, only in original containers, in
25 quantities of not less than a case or original containers
26 containing one hundred twenty-eight ounces or more which may be
27 sold separately anywhere within the Commonwealth. Licenses for
28 places of storage shall be limited to those maintained by
29 manufacturers on July eighteenth, one thousand nine hundred
30 thirty-five, and the board shall issue no licenses for places of
19970H1929B2439 - 10 -
1 storage in addition to those maintained on July eighteenth, one
2 thousand nine hundred thirty-five. The application for such
3 license shall be in such form and contain such information as
4 the board shall require. All such licenses shall be granted for
5 a license period to be determined by the board. Every
6 manufacturer shall keep at his or its principal place of
7 business, within the Commonwealth daily permanent records which
8 shall show, (1) the quantities of raw materials received and
9 used in the manufacture of malt or brewed beverages and the
10 quantities of malt or brewed beverages manufactured and stored,
11 (2) the sales of malt or brewed beverages, (3) the quantities of
12 malt or brewed beverages stored for hire or transported for hire
13 by or for the licensee, and (4) the names and addresses of the
14 purchasers or other recipients thereof. Every place licensed as
15 a manufacturer shall be subject to inspection by members of the
16 board or by persons duly authorized and designated by the board,
17 at any and all times of the day or night, as they may deem
18 necessary, for the detection of violations of this act or of the
19 rules and regulations of the board, or for the purpose of
20 ascertaining the correctness of the records required to be kept
21 by licensees. The books and records of such licensees shall at
22 all times be open to inspection by members of the board or by
23 persons duly authorized and designated by the board. Members of
24 the board and its duly authorized agents shall have the right,
25 without hindrance, to enter any place which is subject to
26 inspection hereunder or any place where such records are kept
27 for the purpose of making such inspections and making
28 transcripts thereof. Whenever any checks issued in payment of
29 filing and/or license fees shall be returned to the board as
30 dishonored, the board shall charge a fee of five dollars ($5.00)
19970H1929B2439 - 11 -
1 per hundred dollars or fractional part thereof, plus all protest
2 fees, to the maker of such check submitted to the board. Failure
3 to make full payment or pay the face amount of the check in full
4 and all charges thereon as herein required within ten days after
5 demand has been made by the board upon the maker of the check or
6 upon notification to the board by the Department of Revenue or
7 the Department of Labor and Industry of its objection, the
8 license of such person shall immediately become invalid and
9 shall remain invalid until payment and all charges are received
10 by the board.
11 (b) The board shall issue to any reputable person who
12 applies therefor, and pays the license fee hereinafter
13 prescribed, [and files the bond hereinafter required,] a
14 distributor's or importing distributor's license for the place
15 which such person desires to maintain for the sale of malt or
16 brewed beverages, not for consumption on the premises where
17 sold, and in quantities of not less than a case or original
18 containers containing one hundred twenty-eight ounces or more
19 which may be sold separately as prepared for the market by the
20 manufacturer at the place of manufacture. The board shall have
21 the discretion to refuse a license to any person or to any
22 corporation, partnership or association if such person, or any
23 officer or director of such corporation, or any member or
24 partner of such partnership or association shall have been
25 convicted or found guilty of a felony within a period of five
26 years immediately preceding the date of application for the said
27 license: And provided further, That, in the case of any new
28 license or the transfer of any license to a new location, the
29 board may, in its discretion, grant or refuse such new license
30 or transfer if such place proposed to be licensed is within
19970H1929B2439 - 12 -
1 three hundred feet of any church, hospital, charitable
2 institution, school or public playground, or if such new license
3 or transfer is applied for a place which is within two hundred
4 feet of any other premises which is licensed by the board: And
5 provided further, That the board shall refuse any application
6 for a new license or the transfer of any license to a new
7 location if, in the board's opinion, such new license or
8 transfer would be detrimental to the welfare, health, peace and
9 morals of the inhabitants of the neighborhood within a radius of
10 five hundred feet of the place proposed to be licensed. The
11 board shall refuse any application for a new license or the
12 transfer of any license to a location where the sale of liquid
13 fuels or oil is conducted. The board shall require notice to be
14 posted on the property or premises upon which the licensee or
15 proposed licensee will engage in sales of malt or brewed
16 beverages. This notice shall be similar to the notice required
17 of hotel, restaurant and club liquor licensees.
18 Except as hereinafter provided, such license shall authorize
19 the holder thereof to sell or deliver malt or brewed beverages
20 in quantities above specified anywhere within the Commonwealth
21 of Pennsylvania, which, in the case of distributors, have been
22 purchased only from persons licensed under this act as
23 manufacturers or importing distributors, and in the case of
24 importing distributors, have been purchased from manufacturers
25 or persons outside this Commonwealth engaged in the legal sale
26 of malt or brewed beverages or from manufacturers or importing
27 distributors licensed under this article.
28 Each out of State manufacturer of malt or brewed beverages
29 whose products are sold and delivered in this Commonwealth shall
30 give distributing rights for such products in designated
19970H1929B2439 - 13 -
1 geographical areas to specific importing distributors, and such
2 importing distributor shall not sell or deliver malt or brewed
3 beverages manufactured by the out of State manufacturer to any
4 person issued a license under the provisions of this act whose
5 licensed premises are not located within the geographical area
6 for which he has been given distributing rights by such
7 manufacturer. Should a licensee accept the delivery of such malt
8 or brewed beverages in violation of this section, said licensee
9 shall be subject to a suspension of his license for at least
10 thirty days: Provided, That the importing distributor holding
11 such distributing rights for such product shall not sell or
12 deliver the same to another importing distributor without first
13 having entered into a written agreement with the said secondary
14 importing distributor setting forth the terms and conditions
15 under which such products are to be resold within the territory
16 granted to the primary importing distributor by the
17 manufacturer.
18 When a Pennsylvania manufacturer of malt or brewed beverages
19 licensed under this article names or constitutes a distributor
20 or importing distributor as the primary or original supplier of
21 his product, he shall also designate the specific geographical
22 area for which the said distributor or importing distributor is
23 given distributing rights, and such distributor or importing
24 distributor shall not sell or deliver the products of such
25 manufacturer to any person issued a license under the provisions
26 of this act whose licensed premises are not located within the
27 geographical area for which distributing rights have been given
28 to the distributor and importing distributor by the said
29 manufacturer: Provided, That the importing distributor holding
30 such distributing rights for such product shall not sell or
19970H1929B2439 - 14 -
1 deliver the same to another importing distributor without first
2 having entered into a written agreement with the said secondary
3 importing distributor setting forth the terms and conditions
4 under which such products are to be resold within the territory
5 granted to the primary importing distributor by the
6 manufacturer. Nothing herein contained shall be construed to
7 prevent any manufacturer from authorizing the importing
8 distributor holding the distributing rights for a designated
9 geographical area from selling the products of such manufacturer
10 to another importing distributor also holding distributing
11 rights from the same manufacturer for another geographical area,
12 providing such authority be contained in writing and a copy
13 thereof be given to each of the importing distributors so
14 affected.
15 * * *
16 Section 7. Sections 433.1(b) and 435 of the act, amended
17 April 29, 1994 (P.L.212, No.30), are amended to read:
18 Section 433.1. Stadium or Arena Permits.--* * *
19 (b) The owner or lessee or a concessionaire of any such
20 premises may make application for a permit. The aforesaid
21 permits shall be issued only to reputable individuals,
22 partnerships and associations, who are or whose members are
23 citizens of the United States and have for two years prior to
24 the date of their applications been residents of the
25 Commonwealth of Pennsylvania, or to reputable corporations
26 organized or duly registered under the laws of the Commonwealth
27 of Pennsylvania, all of whose officers and directors are
28 citizens of the United States. Each applicant shall furnish
29 proof satisfactory to the board that he is of good repute and
30 financially responsible and that the premises upon which he
19970H1929B2439 - 15 -
1 proposes to do business is a proper place. An applicant under
2 subsection (a)(2) for a permit for a stadium or arena owned by
3 the city in a city of the third class which shall have a seating
4 capacity of at least four thousand but less than six thousand
5 five hundred shall designate one or more areas of the licensed
6 premises comprising not less than fifteen percent (15%) of its
7 seating capacity in which the sale of malt and brewed beverages
8 shall not be authorized. The applicant shall submit such other
9 information as the board may require. Applications shall be, in
10 writing on forms prescribed by the board, and signed and sworn
11 to by the applicant. The application and permit fees shall be as
12 prescribed in section 614-A of the act of April 9, 1929
13 (P.L.177, No.175), known as "The Administrative Code of 1929."
14 [A surety bond in the amount of one thousand dollars ($1000)
15 shall be filed for each year of a licensing period conditioned
16 the same as the license bonds required by this act for retail
17 dispenser licenses.]
18 * * *
19 Section 435. Filing of Applications for Distributors',
20 Importing Distributors' and Retail Dispensers' Licenses; Filing
21 Fee.--Every person intending to apply for a distributor's,
22 importing distributor's or retail dispenser's license, as
23 aforesaid, in any municipality of this Commonwealth, shall file
24 with the board his or its application. All such applications
25 shall be filed at a time to be fixed by the board. The applicant
26 shall file with the board fees as prescribed in section 614-A of
27 the act of April 9, 1929 (P.L.177, No.175), known as "The
28 Administrative Code of 1929." [The applicant shall file a bond
29 as herein required.]
30 Section 8. Section 468(a) of the act is amended to read:
19970H1929B2439 - 16 -
1 Section 468. Licenses Not Assignable; Transfers.--(a)
2 Licenses issued under this article may not be assigned. The
3 board, upon payment of the transfer filing fee [and the
4 execution of a new bond], is hereby authorized to transfer any
5 license issued by it under the provisions of this article from
6 one person to another or from one place to another, or both,
7 within the same municipality, and if the applicant is a unit of
8 a nonprofit nationally chartered club, the board is hereby
9 authorized to transfer such license to a place in any other
10 municipality within the same county if the sale of liquor or
11 malt and brewed beverages are legal in such other municipality
12 as the board may determine. Prior to the approval of an
13 application for transfer by a unit of a nonprofit nationally
14 chartered club the board shall make an affirmative finding, upon
15 proof submitted by the applicant, and after investigation by the
16 board, that at the time the application for transfer is made the
17 club continues to hold a valid national charter and continues to
18 function in fact as a club as defined in section 102. The board,
19 in its discretion, may transfer an existing restaurant retail
20 dispenser or club license from one municipality to another in
21 the same county regardless of the quota limitations provided for
22 in this act, if sales of liquor or malt and brewed beverages are
23 legal in such other municipality and if the restaurant retail
24 dispenser or club lost the use of the building in which it was
25 located due to governmental exercise of the right of eminent
26 domain and no other suitable building can be found in the first
27 municipality. In the case of distributor and importing
28 distributor licenses, the board may transfer any such license
29 from its place in a municipality to a place in any other
30 municipality within the same county, or from one place to
19970H1929B2439 - 17 -
1 another place within the same municipality, or exchange a
2 distributor license for an importing distributor license or an
3 importing distributor license for a distributor license, if the
4 building for which the license is to be issued has, in the case
5 of an importing distributor license, an area under one roof of
6 two thousand five hundred square feet and, in the case of a
7 distributor license, an area under one roof of one thousand
8 square feet: And provided, That, in the case of all transfers of
9 distributor or importing distributor licenses, whether from a
10 place within the same municipality to another place within the
11 same municipality or from a place in a municipality to a place
12 in any other municipality within the same county, and, in the
13 case of an exchange of a distributor license for an importing
14 distributor license or an importing distributor license for a
15 distributor license, the premises to be affected by the transfer
16 or exchange shall contain an office separate and apart from the
17 remainder of the premises to be licensed for the purpose of
18 keeping records, required by the board, adequate toilet
19 facilities for employes of the licensee and an entrance on a
20 public thoroughfare: Provided, however, That in the event that
21 the majority of the voting electors of a municipality, at an
22 election held under the provisions of any law so empowering them
23 to do, shall vote against the issuance of distributor or
24 importing distributor licenses in such municipality, the board
25 is hereby authorized to transfer any such distributor or
26 importing distributor license from its place in such
27 municipality to a place in any other municipality within the
28 same county, upon application prior to the expiration of any
29 such license and upon payment of the transfer filing fee [and
30 the execution of a new bond]; but no transfer shall be made to a
19970H1929B2439 - 18 -
1 person who would not have been eligible to receive the license
2 originally nor for the transaction of business at a place for
3 which the license could not lawfully have been issued
4 originally, nor, except as herein provided, to a place as to
5 which a license has been revoked. No license shall be
6 transferred to any place or property upon which is located as a
7 business the sale of liquid fuels and oil. Except in cases of
8 emergency such as death, serious illness, or circumstances
9 beyond the control of the licensee, as the board may determine
10 such circumstances to justify its action, transfers of licenses
11 may be made only at times fixed by the board. In the case of the
12 death of a licensee, the board may transfer the license to the
13 surviving spouse or personal representative or to a person
14 designated by him. From any refusal to grant a transfer or upon
15 the grant of any transfer, the party aggrieved shall have the
16 right of appeal to the proper court in the manner hereinbefore
17 provided.
18 * * *
19 Section 9. Sections 469 and 470 of the act, amended April
20 29, 1994 (P.L.212, No.30), are amended to read:
21 Section 469. Applications for Transfers; Fees.--(a) Every
22 applicant for a transfer of a license under the provisions of
23 this article shall file a written application with the board,
24 together with a filing fee as prescribed in section 614-A of the
25 act of April 9, 1929 (P.L.177, No.175), known as "The
26 Administrative Code of 1929." [Each such applicant shall also
27 file an approved bond for each year of a licensing period as
28 required on original applications for such licenses.]
29 (b) Whenever any license is transferred, no license or other
30 fees shall be required from the persons to whom such transfer is
19970H1929B2439 - 19 -
1 made for the portion of the license period for which the license
2 fee has been paid by the transferor, except for transfer fees
3 provided in section 614-A of "The Administrative Code of 1929."
4 Section 470. Renewal of Licenses; Temporary Provisions for
5 Licensees in Armed Service.--(a) All applications for renewal
6 of licenses under the provisions of this article shall be filed
7 with [a new bond,] tax clearance from the Department of Revenue
8 and the Department of Labor and Industry and requisite license
9 and filing fees at least sixty days before the expiration date
10 of same: Provided, however, That the board, in its discretion,
11 may accept a renewal application filed less than sixty days
12 before the expiration date of the license with the required
13 [bond and] fees, upon reasonable cause shown and the payment of
14 an additional filing fee of one hundred dollars ($100.00) for
15 late filing: And provided further, That except where the failure
16 to file a renewal application on or before the expiration date
17 has created a license quota vacancy after said expiration date
18 which has been filled by the issuance of a new license, after
19 such expiration date, but before the board has received a
20 renewal application within the time prescribed herein the board,
21 in its discretion, may, after hearing, accept a renewal
22 application filed within ten months after the expiration date of
23 the license with the required [bond and] fees upon the payment
24 of an additional filing fee of two hundred fifty dollars
25 ($250.00) for late filing. Where any such renewal application is
26 filed less than sixty days before the expiration date, or
27 subsequent to the expiration date, no license shall issue upon
28 the filing of the renewal application until the matter is
29 finally determined by the board and if an appeal is taken from
30 the board's action the courts shall not order the issuance of
19970H1929B2439 - 20 -
1 the renewal license until final determination of the matter by
2 the courts. A renewal application will not be considered filed
3 unless accompanied by [a new bond and] the requisite filing and
4 license fees and any additional filing fee required by this
5 section. Unless the board shall have given ten days' previous
6 notice to the applicant of objections to the renewal of his
7 license, based upon violation by the licensee or his servants,
8 agents or employes of any of the laws of the Commonwealth or
9 regulations of the board relating to the manufacture,
10 transportation, use, storage, importation, possession or sale of
11 liquors, alcohol or malt or brewed beverages, or the conduct of
12 a licensed establishment, or unless the applicant has by his own
13 act become a person of ill repute, or unless the premises do not
14 meet the requirements of this act or the regulations of the
15 board, the license of a licensee shall be renewed.
16 (b) In cases where a licensee or his servants, agents or
17 employes are arrested, charged with violating any of the laws of
18 this Commonwealth relating to liquor, alcohol or malt or brewed
19 beverages, and where the board has on file in such cases reports
20 of enforcement officers or investigators of the enforcement
21 bureau or from other sources that a licensee or his servants,
22 agents or employes have violated any of the aforementioned laws
23 and a proceeding to revoke such licensee's license is or is
24 about to be instituted, and such arrest occurs or report of
25 violations is received or revocation proceeding instituted or
26 about to be instituted during the time a renewal application of
27 such license is pending before the board, the board may, in its
28 discretion, renew the license, notwithstanding such alleged
29 violations, but such renewal license may be revoked if and when
30 the licensee or any of his servants, agents or employes are
19970H1929B2439 - 21 -
1 convicted of or plead guilty to violations under the previous
2 license, as aforesaid, or if and when such previous license is
3 for any reason revoked.
4 In the event such renewal license is revoked by the board,
5 neither the license fee paid for such license nor any part
6 thereof shall be returned to the licensee[, but the license bond
7 filed with the application for such renewal of license shall not
8 be forfeited].
9 Section 10. Section 471(b) of the act is amended to read:
10 Section 471. Revocation and Suspension of Licenses; Fines.--
11 * * *
12 (b) Hearing on such citations shall be held in the same
13 manner as provided herein for hearings on applications for
14 license. Upon such hearing, if satisfied that any such violation
15 has occurred or for other sufficient cause, the administrative
16 law judge shall immediately suspend or revoke the license, or
17 impose a fine of not less than fifty dollars ($50) nor more than
18 one thousand dollars ($1,000), or both, notifying the licensee
19 by registered letter addressed to his licensed premises. If the
20 licensee has been cited and found to have violated section
21 493(1) insofar as it relates to sales to minors, 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 act
27 of April 14, 1972 (P.L.233, No.64), known as "The Controlled
28 Substance, Drug, Device and Cosmetic Act," or of 18 Pa.C.S. §
29 5902 (relating to prostitution and related offenses) or 6301
30 (relating to corruption of minors), at or relating to the
19970H1929B2439 - 22 -
1 licensed premises, the administrative law judge shall
2 immediately suspend or revoke the license, or impose a fine of
3 not less than one thousand dollars ($1,000) nor more than five
4 thousand dollars ($5,000), or both. The administrative law judge
5 shall notify the licensee by registered mail, addressed to the
6 licensed premises, of such suspension, revocation or fine. [The
7 increased civil penalty imposed by this subsection shall not be
8 used to require any licensee to increase the amount of the bond
9 required by this act.] In the event the fine is not paid within
10 twenty days of the adjudication, the administrative law judge
11 shall suspend or revoke the license, notifying the licensee by
12 registered mail addressed to the licensed premises. Suspensions
13 and revocations shall not go into effect until thirty days have
14 elapsed from the date of the adjudication during which time the
15 licensee may take an appeal as provided for in this act. When a
16 license is revoked, the licensee's bond may be forfeited. Any
17 licensee whose license is revoked shall be ineligible to have a
18 license under this act until the expiration of three years from
19 the date such license was revoked. In the event a license is
20 revoked, no license shall be granted for the premises or
21 transferred to the premises in which the said license was
22 conducted for a period of at least one year after the date of
23 the revocation of the license conducted in the said premises,
24 except in cases where the licensee or a member of his immediate
25 family is not the owner of the premises, in which case the board
26 may, in its discretion, issue or transfer a license within the
27 said year. In the event the bureau or the person who was fined
28 or whose license was suspended or revoked shall feel aggrieved
29 by the adjudication of the administrative law judge, there shall
30 be a right to appeal to the board. The appeal shall be based
19970H1929B2439 - 23 -
1 solely on the record before the administrative law judge. The
2 board shall affirm the decision of the administrative law judge
3 if it is based on substantial evidence; otherwise, the board
4 shall reverse the decision of the administrative law judge. In
5 the event the bureau or the person who was fined or whose
6 license was suspended or revoked shall feel aggrieved by the
7 decision of the board, there shall be a right to appeal to the
8 court of common pleas in the same manner as herein provided for
9 appeals from refusals to grant licenses. Each of the appeals
10 shall act as a supersedeas unless, upon sufficient cause shown,
11 the reviewing authority shall determine otherwise; however, if
12 the licensee has been cited and found to have violated section
13 493(1) insofar as it relates to sales to minors, section 493(10)
14 insofar as it relates to lewd, immoral or improper entertainment
15 or section 493(14), (16) or (21), or has been found to be a
16 public nuisance pursuant to section 611, or if the owner or
17 operator of the licensed premises or any authorized agent of the
18 owner or operator has been convicted of any violation of "The
19 Controlled Substance, Drug, Device and Cosmetic Act," or of 18
20 Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
21 its appeal shall not act as a supersedeas unless the reviewing
22 authority determines otherwise upon sufficient cause shown. In
23 any hearing on an application for a supersedeas under this
24 section, the reviewing authority may consider, in addition to
25 other relevant evidence, documentary evidence, including records
26 of the bureau, showing the prior history of citations, fines,
27 suspensions or revocations against the licensee; and the
28 reviewing authority may also consider, in addition to other
29 relevant evidence, evidence of any recurrence of the unlawful
30 activity occurring between the date of the citation which is the
19970H1929B2439 - 24 -
1 subject of the appeal and the date of the hearing. No penalty
2 provided by this section shall be imposed for any violations
3 provided for in this act unless the bureau notifies the licensee
4 of its nature within thirty days of the completion of the
5 investigation.
6 * * *
7 Section 11. Section 492(8) of the act, amended April 29,
8 1994 (P.L.212, No.30), is amended to read:
9 Section 492. Unlawful Acts Relative to Malt or Brewed
10 Beverages and Licensees.--
11 It shall be unlawful--
12 * * *
13 (8) Transportation of Malt or Brewed Beverages. For any
14 person, to transport malt or brewed beverages except in the
15 original containers, or to transport malt or brewed beverages
16 for another who is engaged in selling either liquor or malt or
17 brewed beverages, unless such person shall hold (a) a license to
18 transport for hire, alcohol, liquor and malt or brewed
19 beverages, as hereinafter provided in this act, or (b) shall
20 hold a permit issued by the board and shall have paid to the
21 board such permit fee, as prescribed in section 614-A of the act
22 of April 9, 1929 (P.L.177, No.175), known as "The Administrative
23 Code of 1929," [and shall have filed with the board a bond in
24 the penal sum of not more than two thousand dollars ($2000) for
25 each year of a licensing period, as may be fixed by the rules
26 and regulations of the board,] any other law to the contrary
27 notwithstanding.
28 * * *
29 Section 12. Sections 504, 505 and 514 of the act are amended
30 to read:
19970H1929B2439 - 25 -
1 Section 504. Applications; Filing Fees.--(a) Every
2 applicant for a license under this article shall file with the
3 board a written application in such form as the board shall from
4 time to time require. Every such application shall be
5 accompanied by a filing fee of twenty dollars ($20), the
6 prescribed license fee [and the bond hereinafter specified,] and
7 shall set forth:
8 (1) The legal names of the applicant and of the owner of the
9 place where business under the license will be carried on, with
10 their residence addresses by street and number, if a
11 partnership, of each separate partner, and if a corporation, of
12 each individual officer thereof.
13 (2) The exact location of said place of business and of
14 every place to be occupied or used in connection with such
15 business, the productive capacity of each plant where any
16 alcohol or liquor is to be manufactured, produced, distilled,
17 rectified, blended, developed or used in the process of
18 manufacture, denatured, redistilled, recovered, reused, the
19 capacity of every warehouse or other place where such alcohol or
20 liquor or malt or brewed beverage is to be held in bond or
21 stored for hire or the equipment to be used where a
22 transportation business is to be carried on under the license.
23 (3) That each and every one of the applicants is a citizen
24 of the United States of America.
25 (4) Such other relevant information as the board shall from
26 time to time require by rule or regulation.
27 (b) Each application must be verified by affidavit of the
28 applicant made before any officer legally qualified to
29 administer oaths, and if any false statement is wilfully made in
30 any part of said application, the applicant or applicants shall
19970H1929B2439 - 26 -
1 be deemed guilty of a misdemeanor and, upon conviction, shall be
2 subject to the penalties provided by this article.
3 Section 505. Licenses Issued.--Upon receipt of the
4 application in the form herein provided[,] and the proper fees
5 [and an approved bond as herein designated], the board may grant
6 to such applicant a license to engage in, (a) the operation of a
7 limited winery or a winery; or, (b) the manufacturing,
8 producing, distilling, developing, or using in the process of
9 manufacturing, denaturing, redistilling, recovering, rectifying,
10 blending and reusing of alcohol and liquor; or, (c) the holding
11 in bond of alcohol and liquor; or, (d) the holding in storage,
12 as bailee for hire, of alcohol, liquor and malt or brewed
13 beverages; or, (e) the transporting for hire of alcohol, liquor
14 and malt or brewed beverages.
15 Section 514. Suspension and Revocation of Licenses.--(a)
16 Upon learning of any violation of this act or of any rule or
17 regulation promulgated by the board under the authority of this
18 act, or any violation of any laws of this Commonwealth or of the
19 United States of America relating to the tax payment of alcohol,
20 liquor or malt or brewed beverages by the holder of a license
21 issued under the provisions of this article, or upon other
22 sufficient cause, the enforcement bureau may, within one year
23 from the date of such violation or cause appearing, cite such
24 licensee to appear before an administrative law judge not less
25 than ten (10) nor more than sixty (60) days from the date of
26 sending such licensee, by registered mail, a notice addressed to
27 his licensed premises, to show cause why the license should not
28 be suspended or revoked. Hearings on such citations shall be
29 held in the same manner as provided herein for hearings on
30 applications for license. And upon such hearing, if satisfied
19970H1929B2439 - 27 -
1 that any such violation has occurred or for other sufficient
2 cause, the administrative law judge shall immediately suspend or
3 revoke such license, notifying the licensee thereof by
4 registered letter addressed to his licensed premises, or to the
5 address given in his application where no licensed premises is
6 maintained in Pennsylvania.
7 (b) [When a license is revoked, the licensee's bond may be
8 forfeited.] Any licensee whose license is revoked shall be
9 ineligible to have a license under this act or under any other
10 act relating to alcohol, liquor or malt or brewed beverages
11 until the expiration of three (3) years from the date such
12 license was revoked. In the event of a revocation, no license
13 shall be granted for the premises or transferred to the premises
14 in which said license was conducted for a period of at least one
15 (1) year after the date of the revocation of the license
16 conducted in the said premises, except in cases where the
17 licensee or a member of his immediate family is not the owner of
18 the premises, in which case the board may, in its discretion,
19 issue or transfer a license within said year. Such hearing
20 before and adjudication by an administrative law judge shall be
21 in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to
22 practice and procedure of Commonwealth agencies).
23 Section 13. Section 517 of the act, amended April 29, 1994
24 (P.L.212, No.30), is amended to read:
25 Section 517. Expiration of Licenses; Renewals.--All licenses
26 issued under this article shall expire at the close of the
27 license period, but new licenses for the succeeding license
28 period shall be issued upon written application therefor, duly
29 verified by affidavit, stating that the facts in the original
30 application are unchanged, and upon payment of the fee as
19970H1929B2439 - 28 -
1 hereinafter provided [and the furnishing of a new bond], without
2 the filing of further statements or the furnishing of any
3 further information unless specifically requested by the board:
4 Provided, however, That any such license issued to a corporation
5 shall expire thirty (30) days after any change in the officers
6 of such corporation, unless the name and address of each such
7 new officer of such corporation shall, within that period, be
8 reported to the board by certificate, duly verified.
9 Applications for renewals must be made not less than thirty (30)
10 nor more than sixty (60) days before the expiration of the
11 license period. All applications for renewal received otherwise
12 shall be treated as original applications.
13 Section 14. This act shall take effect immediately.
I19L47JLW/19970H1929B2439 - 29 -