PRINTER'S NO. 372
No. 359 Session of 1989
INTRODUCED BY HELFRICK AND PECORA, FEBRUARY 1, 1989
REFERRED TO LAW AND JUSTICE, FEBRUARY 1, 1989
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 penalties, revocations and suspensions
18 for violations relating to minors.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 471 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 to read:
24 Section 471. Revocation and Suspension of Licenses; Fines.--
25 (a) Upon learning of any violation of this act or any laws of
1 this Commonwealth relating to liquor, alcohol or malt or brewed
2 beverages, or of any regulations of the board adopted pursuant
3 to such laws, or any violation of any laws of this Commonwealth
4 or of the Federal Government relating to the payment of taxes on
5 liquor, alcohol or malt or brewed beverages by any licensee
6 within the scope of this article, his officers, servants, agents
7 or employes, or upon any other sufficient cause shown, the
8 enforcement bureau may, within one year from the date of such
9 violation or cause appearing, cite such licensee to appear
10 before an administrative law judge, not less than ten nor more
11 than sixty days from the date of sending such licensee, by
12 registered mail, a notice addressed to him at his licensed
13 premises, to show cause why such license should not be suspended
14 or revoked or a fine imposed, or both. The bureau shall also
15 send a copy of the hearing notice to the municipality in which
16 the premises is located.
17 (b) Hearing on such citations shall be held in the same
18 manner as provided herein for hearings on applications for
19 license. Upon such hearing, if satisfied that any such violation
20 has occurred or for other sufficient cause, the administrative
21 law judge shall immediately suspend or revoke the license, or
22 impose a fine of not less than fifty dollars ($50) nor more than
23 one thousand dollars ($1,000), or both, notifying the licensee
24 by registered letter addressed to his licensed premises. If the
25 licensee has been cited and found to have violated section
26 493(1) insofar as it relates to sales to minors, section 493(10)
27 insofar as it relates to lewd, immoral or improper entertainment
28 or section 493(14), (16) or (21), or has been found to be a
29 public nuisance pursuant to section 611, or if the owner or
30 operator of the licensed premises or any authorized agent of the
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1 owner or operator has been convicted of any violation of the act
2 of April 14, 1972 (P.L.233, No.64), known as "The Controlled
3 Substance, Drug, Device and Cosmetic Act," or of 18 Pa.C.S. §
4 5902 (relating to prostitution and related offenses) or 6301
5 (relating to corruption of minors), at or relating to the
6 licensed premises, the administrative law judge shall
7 immediately suspend or revoke the license, or impose a fine of
8 not less than one thousand dollars ($1,000) nor more than five
9 thousand dollars ($5,000), or both. The administrative law judge
10 shall notify the licensee by registered mail, addressed to the
11 licensed premises, of such suspension, revocation or fine. The
12 increased civil penalty imposed by this subsection shall not be
13 used to require any licensee to increase the amount of the bond
14 required by this act. In the event the fine is not paid within
15 twenty days of the adjudication, the administrative law judge
16 shall suspend or revoke the license, notifying the licensee by
17 registered mail addressed to the licensed premises. Suspensions
18 and revocations shall not go into effect until thirty days have
19 elapsed from the date of the adjudication during which time the
20 licensee may take an appeal as provided for in this act. When a
21 license is revoked, the licensee's bond may be forfeited. Any
22 licensee whose license is revoked shall be ineligible to have a
23 license under this act until the expiration of three years from
24 the date such license was revoked. In the event a license is
25 revoked, no license shall be granted for the premises or
26 transferred to the premises in which the said license was
27 conducted for a period of at least one year after the date of
28 the revocation of the license conducted in the said premises,
29 except in cases where the licensee or a member of his immediate
30 family is not the owner of the premises, in which case the board
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1 may, in its discretion, issue or transfer a license within the
2 said year. In the event the bureau or the person who was fined
3 or whose license was suspended or revoked shall feel aggrieved
4 by the adjudication of the administrative law judge, there shall
5 be a right to appeal to the board. The appeal shall be based
6 solely on the record before the administrative law judge. The
7 board shall affirm the decision of the administrative law judge
8 if it is based on substantial evidence; otherwise, the board
9 shall reverse the decision of the administrative law judge. In
10 the event the bureau or the person who was fined or whose
11 license was suspended or revoked shall feel aggrieved by the
12 decision of the board, there shall be a right to appeal to the
13 court of common pleas in the same manner as herein provided for
14 appeals from refusals to grant licenses. Each of the appeals
15 shall act as a supersedeas unless, upon sufficient cause shown,
16 the reviewing authority shall determine otherwise; however, if
17 the licensee has been cited and found to have violated section
18 493(1) insofar as it relates to sales to minors, section 493(10)
19 insofar as it relates to lewd, immoral or improper entertainment
20 or section 493(14), (16) or (21), or has been found to be a
21 public nuisance pursuant to section 611, or if the owner or
22 operator of the licensed premises or any authorized agent of the
23 owner or operator has been convicted of any violation of "The
24 Controlled Substance, Drug, Device and Cosmetic Act," or of 18
25 Pa.C.S. § 5902 or 6301, at or relating to the licensed premises,
26 its appeal shall not act as a supersedeas unless the reviewing
27 authority determines otherwise upon sufficient cause shown. In
28 any hearing on an application for a supersedeas under this
29 section, the reviewing authority may consider, in addition to
30 other relevant evidence, documentary evidence, including records
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1 of the bureau, showing the prior history of citations, fines,
2 suspensions or revocations against the licensee; and the
3 reviewing authority may also consider, in addition to other
4 relevant evidence, evidence of any recurrence of the unlawful
5 activity occurring between the date of the citation which is the
6 subject of the appeal and the date of the hearing. No penalty
7 provided by this section shall be imposed for any violations
8 provided for in this act unless the bureau notifies the licensee
9 of its nature within thirty days of the completion of the
10 investigation.
11 (c) If the violation in question is a third or subsequent
12 violation of this act or Title 18 of the Pennsylvania
13 Consolidated Statutes (relating to crimes and offenses),
14 occurring within a period of four years, the administrative law
15 judge shall impose a suspension or revocation.
16 (d) If any licensee, or any agent or employe of such
17 licensee, intentionally or knowingly commits or conspires to
18 commit or is an accomplice in, or intentionally or knowingly
19 permits other persons to commit on the licensed premises any act
20 prohibited by section 493(1) of this act, the licensee shall be
21 subject to the following penalties in addition to any penalty
22 otherwise provided by this act or other applicable law:
23 (1) Upon the first violation of this section, the license
24 shall be suspended for a period of thirty days.
25 (2) Upon the second violation of this section occurring
26 within five years of the first violation, the license shall be
27 revoked.
28 (e) In order to sustain a citation under this section it
29 shall not be necessary to show that any person has been charged,
30 convicted or sentenced under the criminal laws of this
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1 Commonwealth.
2 (f) Where any license has been transferred, from one person
3 to another, after the previous license for the same premises has
4 been suspended under subsection (d)(1), the provisions of
5 subsection (d)(2) shall apply to such new license regardless of
6 such transfer.
7 (g) Where any license has been transferred from one premises
8 to another premises after such license has been suspended under
9 subsection (d)(1), the provisions of subsection (d)(2) shall
10 apply to such license regardless of such transfer.
11 (h) The board shall not approve the transfer of any license
12 revoked under this section at any time within two years
13 following such revocation.
14 Section 2. This act shall take effect in 60 days.
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