PRINTER'S NO. 490
No. 451 Session of 2005
INTRODUCED BY PETRI, BARRAR, CALTAGIRONE, CAPPELLI, CORRIGAN, GINGRICH, HARRIS, W. KELLER, O'NEILL, THOMAS, WILT AND YOUNGBLOOD, FEBRUARY 14, 2005
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 14, 2005
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 reporting requirements. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. The act of April 12, 1951 (P.L.90, No.21), known 21 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32, 22 No.14), is amended by adding a section to read: 23 Section 415. Reporting.--(a) A corporation, association or 24 other board licensed entity, except a club, having officers, or 25 directors, or stockholders, shall report a change in officers,
1 or directors, or stockholders within fifteen days. A change in 2 stockholders involving less than ten per centum of outstanding 3 voting stock need not be reported, except when the change 4 involves a majority or controlling interest. Control is defined 5 as the power or authority to manage, direct, govern, administer 6 or oversee the operation of the licensed business. 7 (b) The changes shall be reported on forms which will be 8 furnished upon request by the board. For a change in 9 stockholders, an affidavit describing, in detail, the source of 10 funds used to purchase the stock shall accompany the form. If 11 funds to purchase the stock are derived from a written financing 12 agreement, the financing agreement shall also accompany the 13 form. 14 (c) Club change of officers shall be reported with the 15 renewal of club license on forms furnished by the board upon 16 request. Change of club manager or steward shall be reported 17 with the renewal of club license and at license validation on 18 forms furnished by the board upon request. 19 (d) Change of officer forms for club licensees shall be 20 accompanied by a fee of forty dollars ($40.00). When a 21 background investigation is conducted to obtain or verify 22 information regarding a club change of officer, an additional 23 fee of sixty dollars ($60.00), for a total fee of one hundred 24 dollars ($100.00), will be assessed. Change of officer forms for 25 changes of corporate officers other than clubs shall be 26 accompanied by a fee of two hundred dollars ($200.00) when the 27 change of officer does not constitute a change in 28 majority/controlling interest. If the change of corporate 29 officer does constitute a change in majority/controlling 30 interest, fees will be assessed in accordance with section 614-A 20050H0451B0490 - 2 -
1 of the act of April 9, 1929 (P.L.177, No.175), known as "The 2 Administrative Code of 1929." 3 Section 2. This act shall take effect in 60 days. L13L47JLW/20050H0451B0490 - 3 -