PRINTER'S NO. 2659
No. 2017 Session of 2003
INTRODUCED BY SAINATO, CAPPELLI, JOSEPHS, ROEBUCK, SOLOBAY,
YOUNGBLOOD, SHANER, HARPER, WASHINGTON, THOMAS, JAMES AND
DENLINGER, SEPTEMBER 29, 2003
REFERRED TO COMMITTEE ON LIQUOR CONTROL, SEPTEMBER 29, 2003
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 defining "reputable"; and further providing for renewal of
18 licenses.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 102 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), is amended by adding a definition to read:
24 Section 102. Definitions.--The following words or phrases,
25 unless the context clearly indicates otherwise, shall have the
1 meanings ascribed to them in this section:
2 * * *
3 "Reputable" shall mean enjoying a good repute. When
4 considering whether a person is reputable, the board may
5 consider whether that person has been convicted of any crimes,
6 including misdemeanors and felonies, as well as that person's
7 history with licenses issued by the board, including the
8 citation history of such licenses.
9 * * *
10 Section 2. Section 470(b) of the act, amended December 21,
11 1998 (P.L.1202, No.155), is amended to read:
12 Section 470. Renewal of Licenses; Temporary Provisions for
13 Licensees in Armed Service.--* * *
14 (b) In cases where a licensee or his servants, agents or
15 employes are arrested, charged with violating any of the laws of
16 this Commonwealth [relating to liquor, alcohol or malt or brewed
17 beverages, and where the board has on file in such cases reports
18 of enforcement officers or investigators of the enforcement
19 bureau or from other sources that a licensee or his servants,
20 agents or employes have violated any of the aforementioned laws
21 and a proceeding to revoke such licensee's license is or is
22 about to be instituted, and such arrest occurs or report of
23 violations is received or revocation proceeding instituted or
24 about to be instituted during the time a renewal application of
25 such license is pending before the board, the board may, in its
26 discretion, renew the license, notwithstanding such alleged
27 violations, but such renewal license may be revoked if and when
28 the licensee or any of his servants, agents or employes are
29 convicted of or plead guilty to violations under the previous
30 license, as aforesaid, or if and when such previous license is
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1 for any reason revoked.] or if a licensee has one or more
2 unadjudicated citations pending against the license at the time
3 a renewal application for such license is pending before the
4 board, the board may, in its discretion, renew the license, but
5 such renewed license may be subsequently revoked by the board if
6 and when the licensee or its servants, agents or employes are
7 convicted of the pending criminal charges or when the citation
8 issued against the license is adjudicated by the Office of
9 Administrative Law Judge.
10 In the event such renewal license is revoked by the board,
11 neither the license fee paid for such license nor any part
12 thereof shall be returned to the licensee.
13 * * *
14 Section 3. This act shall take effect in 60 days.
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