PRINTER'S NO. 220
No. 233 Session of 2001
INTRODUCED BY ROEBUCK, CALTAGIRONE, M. COHEN, CRUZ, JAMES,
YOUNGBLOOD AND HORSEY, JANUARY 25, 2001
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 25, 2001
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 licenses not assignable and transfers.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 468(a) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, amended December 20,
22 2000 (P.L. , No.141), is amended to read:
23 Section 468. Licenses Not Assignable; Transfers.--(a) (1)
24 Licenses issued under this article may not be assigned. The
25 board, upon payment of the transfer filing fee, is hereby
1 authorized to transfer any license issued by it under the
2 provisions of this article from one person to another or from
3 one place to another, or both, within the same county or a
4 municipality in another county.
5 (2) In the case of distributor and importing distributor
6 licenses, the board may transfer any such license from its place
7 in a municipality to a place in any other municipality [within
8 the same county], or from one place to another place within the
9 same municipality, or exchange a distributor license for an
10 importing distributor license or an importing distributor
11 license for a distributor license, if the building for which the
12 license is to be issued has, in the case of an importing
13 distributor license, an area under one roof of two thousand five
14 hundred square feet and, in the case of a distributor license,
15 an area under one roof of one thousand square feet: And
16 provided, That, in the case of all transfers of distributor or
17 importing distributor licenses, whether from a place within the
18 same municipality to another place within the same municipality
19 or from a place in a municipality to a place in any other
20 municipality [within the same county], and, in the case of an
21 exchange of a distributor license for an importing distributor
22 license or an importing distributor license for a distributor
23 license, the premises to be affected by the transfer or exchange
24 shall contain an office separate and apart from the remainder of
25 the premises to be licensed for the purpose of keeping records,
26 required by the board, adequate toilet facilities for employes
27 of the licensee and an entrance on a public thoroughfare:
28 Provided, however, That in the event that the majority of the
29 voting electors of a municipality, at an election held under the
30 provisions of any law so empowering them to do, shall vote
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1 against the issuance of distributor or importing distributor
2 licenses in such municipality, the board is hereby authorized to
3 transfer any such distributor or importing distributor license
4 from its place in such municipality to a place in any other
5 municipality [within the same county], upon application prior to
6 the expiration of any such license and upon payment of the
7 transfer filing fee and the execution of a new bond; but no
8 transfer shall be made to a person who would not have been
9 eligible to receive the license originally nor for the
10 transaction of business at a place for which the license could
11 not lawfully have been issued originally, nor, except as herein
12 provided, to a place as to which a license has been revoked.
13 (3) No license shall be transferred to any place or property
14 upon which is located as a business the sale of liquid fuels and
15 oil. Except in cases of emergency such as death, serious
16 illness, or circumstances beyond the control of the licensee, as
17 the board may determine such circumstances to justify its
18 action, transfers of licenses may be made only at times fixed by
19 the board. In the case of the death of a licensee, the board may
20 transfer the license to the surviving spouse or personal
21 representative or to a person designated by him. From any
22 refusal to grant a transfer or upon the grant of any transfer,
23 the party aggrieved shall have the right of appeal to the proper
24 court in the manner hereinbefore provided.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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