PRINTER'S NO. 3437
No. 2421 Session of 2002
INTRODUCED BY LEDERER, McGEEHAN, MANDERINO, GODSHALL, JAMES,
WATSON, KAISER, SHANER, ROEBUCK, MELIO, PISTELLA, BISHOP,
OLIVER, KELLER, J. TAYLOR, JOSEPHS, WATERS, J. WILLIAMS,
HORSEY, D. EVANS, CRUZ, STABACK, DALEY, CREIGHTON, DONATUCCI,
YOUNGBLOOD, PETRONE, WALKO, RIEGER, WASHINGTON, HARHAI AND
MYERS, MARCH 14, 2002
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 14, 2002
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 providing for the declaration of nuisance districts within
18 cities of the first class; and imposing limitations and
19 restrictions on licensees within declared nuisance districts.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of April 12, 1951 (P.L.90, No.21), known
23 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
24 No.14), is amended by adding a section to read:
1 Section 612. First Class City Nuisance Districts.--(a)
2 Notwithstanding the exclusive powers granted to the board under
3 this act, the governing body of a city of the first class shall
4 have the authority and may by ordinance, after consultation with
5 the board, declare a portion or portions of a city of the first
6 class a nuisance district.
7 (b) After receipt of a copy of the adopted ordinance
8 declaring a nuisance district within a city of the first class
9 by the board, the following restrictions and limitations shall
10 apply:
11 (1) The board may not issue, renew or transfer any license
12 for any establishment within the declared nuisance district
13 without first obtaining the approval of the governing body of
14 the city of the first class as evidenced by the adoption of a
15 resolution approving the board action.
16 (2) Enforcement powers under section 211 shall be
17 concurrently exercised by the Bureau of Liquor Control
18 Enforcement and the police department of the city of the first
19 class.
20 (c) Any licensee affected by a determination under
21 subsection (b)(1) may file an appeal with the court of common
22 pleas for review. An appeal under this subsection shall not act
23 as a supersedeas.
24 Section 2. This act shall take effect July 1, 2002.
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