PRIOR PRINTER'S NOS. 3399, 3456, 3574, PRINTER'S NO. 4459
4041, 4400
No. 2383 Session of 2006
INTRODUCED BY DONATUCCI, BELARDI, RAYMOND, BLACKWELL,
CALTAGIRONE, CORRIGAN, CRAHALLA, CREIGHTON, DeWEESE,
FABRIZIO, FRANKEL, GEIST, GOODMAN, W. KELLER, KOTIK, O'NEILL,
SHANER, SIPTROTH, SOLOBAY, SONNEY, STABACK, TIGUE,
YOUNGBLOOD, JOSEPHS, BEYER AND COSTA, JANUARY 24, 2006
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JUNE 30, 2006
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 DEFINITIONS; requiring the Bureau of <--
18 Alcohol Education to make certain reports to the General
19 Assembly; and further providing for special occasion permits
20 AND FOR LIMITING THE NUMBER OF SPECIAL OCCASION PERMITS. <--
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The act of April 12, 1951 (P.L.90, No.21), known <--
24 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
1 No.14), is amended by adding a section to read:
2 SECTION 1. SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90, <--
3 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
4 1987 (P.L.32, NO.14), IS AMENDED BY ADDING DEFINITIONS TO READ:
5 SECTION 102. DEFINITIONS.--THE FOLLOWING WORDS OR PHRASES,
6 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, SHALL HAVE THE
7 MEANINGS ASCRIBED TO THEM IN THIS SECTION:
8 * * *
9 "PUBLIC HEARING" SHALL MEAN A HEARING HELD PURSUANT TO PUBLIC
10 NOTICE.
11 "PUBLIC NOTICE" SHALL MEAN NOTICE PUBLISHED ONCE EACH WEEK
12 FOR TWO SUCCESSIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION
13 IN THE MUNICIPALITY. SUCH NOTICE SHALL STATE THE TIME AND THE
14 PLACE OF THE HEARING AND THE PARTICULAR MATTER TO BE CONSIDERED
15 AT THE HEARING. THE FIRST PUBLICATION SHALL NOT BE MORE THAN 30
16 DAYS AND THE SECOND PUBLICATION SHALL NOT BE LESS THAN SEVEN
17 DAYS FROM THE DATE OF THE HEARING.
18 * * *
19 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
20 Section 217. Biennial Reports.--(a) The board's Bureau of
21 Alcohol Education shall prepare a report on underage alcohol
22 drinking and high risk college alcohol drinking in this
23 Commonwealth.
24 (b) A report shall be prepared biennially and shall address
25 the following:
26 (1) Current levels and trends of underage alcohol drinking
27 and high risk college alcohol drinking in this Commonwealth.
28 (2) Current programs conducted by State agencies to prevent
29 underage alcohol drinking and high risk college alcohol
30 drinking.
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1 (3) Current science that better defines and suggests proven
2 prevention strategies for underage alcohol drinking and high
3 risk college alcohol drinking.
4 (c) The first report to the General Assembly shall be
5 presented prior to February 1, 2007. Additional reports shall be
6 presented every two years thereafter. A copy of the report shall
7 be sent to the chairman and the minority chairman of the Law and
8 Justice Committee of the Senate and the chairman and the
9 minority chairman of the Liquor Control Committee of the House
10 of Representatives.
11 Section 2 3. Section 408.4 of the act is amended by adding a <--
12 subsection to read:
13 Section 408.4. Special Occasion Permits.--
14 * * *
15 (q) Notwithstanding any provision of law to the contrary,
16 the board may issue a special occasion permit to an eligible
17 entity located in a dry municipality if the board is provided
18 with a copy of a resolution adopted by the municipality's
19 governing body confirming support for the issuance of the
20 special occasion permit. This subsection shall expire on January
21 1, 2007.
22 SECTION 4. SECTION 461(B.1) AND (B.3) OF THE ACT, AMENDED <--
23 FEBRUARY 21, 2002 (P.L.103, NO.10) AND DECEMBER 8, 2004
24 (P.L.1810, NO.239), ARE AMENDED TO READ:
25 SECTION 461. LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED
26 IN EACH COUNTY.--* * *
27 (B.1) THE BOARD MAY ISSUE RESTAURANT AND EATING PLACE RETAIL
28 DISPENSER LICENSES AND RENEW LICENSES ISSUED UNDER THIS
29 SUBSECTION WITHOUT REGARD TO THE QUOTA RESTRICTIONS SET FORTH IN
30 SUBSECTION (A) FOR THE PURPOSE OF ECONOMIC DEVELOPMENT IN A
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1 MUNICIPALITY UNDER THE FOLLOWING CONDITIONS:
2 (1) A LICENSE MAY ONLY BE ISSUED UNDER THIS SUBSECTION IF
3 THE APPLICANT HAS EXHAUSTED REASONABLE MEANS FOR OBTAINING A
4 SUITABLE LICENSE WITHIN THE COUNTY.
5 (2) THE PROPOSED LICENSED PREMISES MUST BE LOCATED WITHIN
6 EITHER OF THE FOLLOWING:
7 (I) A KEYSTONE OPPORTUNITY ZONE ESTABLISHED UNDER THE
8 AUTHORITY OF THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN
9 AS THE "KEYSTONE OPPORTUNITY ZONE AND KEYSTONE OPPORTUNITY
10 EXPANSION ZONE ACT," OR AN AREA DESIGNATED AS AN ENTERPRISE ZONE
11 BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.
12 (II) A MUNICIPALITY IN WHICH THE ISSUANCE OF A RESTAURANT OR
13 EATING PLACE RETAIL DISPENSER LICENSE HAS BEEN APPROVED BY THE
14 GOVERNING BODY OF THE MUNICIPALITY FOR THE PURPOSE OF LOCAL
15 ECONOMIC DEVELOPMENT. UPON REQUEST FOR APPROVAL OF AN ECONOMIC
16 DEVELOPMENT LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING
17 SHALL BE HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF
18 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS
19 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S
20 INTENT TO ACQUIRE AN ECONOMIC DEVELOPMENT LICENSE FROM THE
21 PENNSYLVANIA LIQUOR CONTROL BOARD. THE GOVERNING BODY SHALL,
22 WITHIN FORTY-FIVE DAYS OF A REQUEST FOR APPROVAL, RENDER A
23 DECISION BY ORDINANCE OR RESOLUTION TO APPROVE OR DISAPPROVE THE
24 APPLICANT'S REQUEST FOR AN ECONOMIC DEVELOPMENT LICENSE. IF THE
25 MUNICIPALITY FINDS THAT THE ISSUANCE OF THE LICENSE WOULD
26 PROMOTE ECONOMIC DEVELOPMENT, IT MAY APPROVE THE REQUEST;
27 HOWEVER, IT MUST REFUSE THE REQUEST IF IT FINDS THAT APPROVAL OF
28 THE REQUEST WOULD ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE
29 AND MORALS OF THE MUNICIPALITY OR ITS RESIDENTS. A DECISION BY
30 THE GOVERNING BODY OF THE MUNICIPALITY TO DENY THE REQUEST MAY
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1 BE APPEALED TO THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH
2 THE MUNICIPALITY IS LOCATED. A COPY OF THE APPROVAL MUST BE
3 SUBMITTED WITH THE LICENSE APPLICATION. FAILURE BY THE GOVERNING
4 BODY OF THE MUNICIPALITY TO RENDER A DECISION WITHIN FORTY-FIVE
5 DAYS OF THE APPLICANT'S REQUEST FOR APPROVAL SHALL BE DEEMED AN
6 APPROVAL OF THE APPLICATION IN TERMS AS PRESENTED UNLESS THE
7 GOVERNING BODY HAS NOTIFIED THE APPLICANT IN WRITING OF THEIR
8 ELECTION FOR AN EXTENSION OF TIME NOT TO EXCEED SIXTY DAYS.
9 FAILURE BY THE GOVERNING BODY OF THE MUNICIPALITY TO RENDER A
10 DECISION WITHIN THE EXTENDED TIME PERIOD SHALL BE DEEMED AN
11 APPROVAL OF THE APPLICATION IN TERMS AS PRESENTED.
12 (3) THE BOARD MAY ISSUE NO MORE THAN TWO LICENSES TOTAL IN
13 EACH COUNTY OF THE FIRST THROUGH FOURTH CLASS AND NO MORE THAN
14 ONE LICENSE TOTAL IN EACH COUNTY OF THE FIFTH THROUGH EIGHTH
15 CLASS PER CALENDAR YEAR.
16 (4) AN APPLICANT UNDER THIS SUBSECTION SHALL BE REQUIRED TO
17 SELL FOOD AND NONALCOHOLIC BEVERAGES EQUAL TO SEVENTY PER CENTUM
18 (70%) OR MORE OF ITS COMBINED GROSS SALES OF FOOD AND ALCOHOLIC
19 BEVERAGES.
20 (5) IN ADDITION TO RENEWAL AND LICENSE FEES PROVIDED UNDER
21 EXISTING LAW FOR THE TYPE OF LICENSE ISSUED, AN APPLICANT SHALL
22 BE REQUIRED TO PAY AN INITIAL APPLICATION SURCHARGE AS FOLLOWS:
23 (I) FIFTY THOUSAND DOLLARS ($50,000) IF THE LICENSED
24 PREMISES IS LOCATED IN A COUNTY OF THE FIRST THROUGH FOURTH
25 CLASS.
26 (II) TWENTY-FIVE THOUSAND DOLLARS ($25,000) IF THE LICENSED
27 PREMISES IS LOCATED IN A COUNTY OF THE FIFTH THROUGH EIGHTH
28 CLASS.
29 (III) THE INITIAL APPLICATION SURCHARGE MINUS A SEVEN
30 HUNDRED DOLLAR ($700) PROCESSING FEE SHALL BE REFUNDED TO THE
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1 APPLICANT IF THE BOARD REFUSES TO ISSUE A PROVISIONAL LICENSE
2 UNDER SUBSECTION (B.2). OTHERWISE, THE INITIAL APPLICATION
3 SURCHARGE MINUS A SEVEN HUNDRED DOLLAR ($700) PROCESSING FEE
4 SHALL BE CREDITED TO THE STATE STORES FUND. THE PROCESSING FEE
5 SHALL BE TREATED AS AN APPLICATION FILING FEE AS PRESCRIBED IN
6 SECTION 614-A(1)(I) OF THE ACT OF APRIL 9, 1929 (P.L.177,
7 NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
8 (6) A LICENSE ISSUED UNDER THIS SUBSECTION AND A PROVISIONAL
9 LICENSE ISSUED UNDER SUBSECTION (B.2) SHALL BE NONTRANSFERABLE
10 WITH REGARD TO OWNERSHIP OR LOCATION.
11 (7) AN APPEAL OF THE BOARD'S DECISION REFUSING TO GRANT OR
12 RENEW A LICENSE UNDER THIS SUBSECTION SHALL NOT ACT AS A
13 SUPERSEDEAS OF THE DECISION OF THE BOARD IF THE DECISION IS
14 BASED, IN WHOLE OR IN PART, ON THE LICENSEE'S FAILURE TO
15 DEMONSTRATE THAT ITS FOOD AND NONALCOHOLIC BEVERAGES WERE AT
16 LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS SALES OF
17 FOOD AND ALCOHOLIC BEVERAGES.
18 (8) A LICENSE ISSUED UNDER THIS SUBSECTION MAY NOT BE
19 VALIDATED OR RENEWED UNLESS THE LICENSEE CAN ESTABLISH THAT ITS
20 SALE OF FOOD AND NONALCOHOLIC BEVERAGES DURING THE LICENSE YEAR
21 IMMEDIATELY PRECEDING APPLICATION FOR VALIDATION OR RENEWAL IS
22 EQUAL TO SEVENTY PER CENTUM (70%) OR MORE OF ITS FOOD AND
23 ALCOHOLIC BEVERAGE SALES.
24 * * *
25 (B.3) AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF
26 A LICENSE FOR ECONOMIC DEVELOPMENT UNDER SUBSECTION (B.1)(2)(I)
27 MUST FIRST BE APPROVED BY THE GOVERNING BODY OF THE RECEIVING
28 MUNICIPALITY WHEN THE TOTAL NUMBER OF EXISTING RESTAURANT LIQUOR
29 LICENSES AND EATING PLACE RETAIL DISPENSER LICENSES IN THE
30 RECEIVING MUNICIPALITY EXCEED ONE LICENSE PER THREE THOUSAND
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1 INHABITANTS. UPON REQUEST FOR APPROVAL OF AN INTERMUNICIPAL
2 TRANSFER OF A LICENSE OR ISSUANCE OF AN ECONOMIC DEVELOPMENT
3 LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING SHALL BE
4 HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF
5 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS
6 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S
7 INTENT TO TRANSFER A LICENSE INTO THE MUNICIPALITY OR ACQUIRE AN
8 ECONOMIC DEVELOPMENT LICENSE FROM THE PENNSYLVANIA LIQUOR
9 CONTROL BOARD. THE GOVERNING BODY SHALL, WITHIN FORTY-FIVE DAYS
10 OF A REQUEST FOR APPROVAL, RENDER A DECISION BY ORDINANCE OR
11 RESOLUTION TO APPROVE OR DISAPPROVE THE APPLICANT'S REQUEST FOR
12 AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF AN
13 ECONOMIC DEVELOPMENT LICENSE. THE MUNICIPALITY MUST APPROVE THE
14 REQUEST UNLESS IT FINDS THAT DOING SO WOULD ADVERSELY AFFECT THE
15 WELFARE, HEALTH, PEACE AND MORALS OF THE MUNICIPALITY OR ITS
16 RESIDENTS. A DECISION BY THE GOVERNING BODY OF THE MUNICIPALITY
17 TO DENY THE REQUEST MAY BE APPEALED TO THE COURT OF COMMON PLEAS
18 IN THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED. A COPY OF
19 THE APPROVAL MUST BE SUBMITTED WITH THE LICENSE APPLICATION. THE
20 APPROVAL REQUIREMENT SHALL NOT APPLY TO LICENSES TRANSFERRED
21 INTO A TAX INCREMENT DISTRICT CREATED PURSUANT TO THE ACT OF
22 JULY 11, 1990 (P.L.465, NO.113), KNOWN AS THE "TAX INCREMENT
23 FINANCING ACT," LOCATED IN A TOWNSHIP OF THE SECOND CLASS THAT
24 IS LOCATED WITHIN A COUNTY OF THE SECOND CLASS IF THE DISTRICT
25 WAS CREATED PRIOR TO DECEMBER 31, 2002, AND THE GOVERNING BODY
26 OF THE TOWNSHIP HAS ADOPTED AN AGREEMENT AT A PUBLIC MEETING
27 THAT CONSENTS TO THE TRANSFER OF LICENSES INTO THE TAX INCREMENT
28 DISTRICT. FAILURE BY THE GOVERNING BODY OF THE MUNICIPALITY TO
29 RENDER A DECISION WITHIN FORTY-FIVE DAYS OF THE APPLICANT'S
30 REQUEST FOR APPROVAL SHALL BE DEEMED AN APPROVAL OF THE
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1 APPLICATION IN TERMS AS PRESENTED UNLESS THE GOVERNING BODY HAS
2 NOTIFIED THE APPLICANT IN WRITING OF THEIR ELECTION FOR AN
3 EXTENSION OF TIME NOT TO EXCEED SIXTY DAYS. FAILURE BY THE
4 GOVERNING BODY OF THE MUNICIPALITY TO RENDER A DECISION WITHIN
5 THE EXTENDED TIME PERIOD SHALL BE DEEMED AN APPROVAL OF THE
6 APPLICATION IN TERMS AS PRESENTED.
7 * * *
8 Section 3 5. This act shall take effect immediately. <--
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