PRIOR PRINTER'S NO. 906 PRINTER'S NO. 4130
No. 816 Session of 2001
INTRODUCED BY GODSHALL, BUNT, CALTAGIRONE, CORRIGAN, DeLUCA,
HARHAI, LAUGHLIN, LEDERER, MANDERINO, WILT, BISHOP AND
HORSEY, FEBRUARY 26, 2001
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 26, 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 surrender of a license for benefit of the
18 licensee.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The act of April 12, 1951 (P.L.90, No.21), known
22 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
23 No.14), is amended by adding a section to read:
24 Section 470.3. Surrender of Restaurant License for Benefit <--
25 of Licensee.--Whenever a restaurant license has been returned to
1 the board for the benefit of the licensee due to the licensed
2 establishment not having been in operation for a period of
3 fifteen or more days, the license shall be held by the board for
4 a period not to exceed two years. Upon the expiration of this
5 period, the surrendered license shall be revoked by the board,
6 unless an application for transfer of the license has been
7 properly filed with the board prior to the expiration of that
8 period. If the transfer application shall be withdrawn or if the
9 transfer is not permitted by the board for any reason, the board
10 may hold the license for an additional period of three months,
11 whereupon the license shall be revoked unless another
12 application for transfer has been properly filed prior to the
13 expiration of this period.
14 SECTION 474.1. SURRENDER OF RESTAURANT, EATING PLACE RETAIL <--
15 DISPENSER, HOTEL, IMPORTING DISTRIBUTOR AND DISTRIBUTOR LICENSE
16 FOR BENEFIT OF LICENSEE.--(A) A RESTAURANT, EATING PLACE RETAIL
17 DISPENSER, HOTEL, IMPORTING DISTRIBUTOR AND DISTRIBUTOR LICENSEE
18 WHOSE LICENSED ESTABLISHMENT IS NOT IN OPERATION FOR FIFTEEN
19 CONSECUTIVE DAYS SHALL RETURN ITS LICENSE FOR SAFEKEEPING WITH
20 THE BOARD NO LATER THAN AT THE EXPIRATION OF THE FIFTEEN-DAY
21 PERIOD. THE LICENSE MAY ONLY BE REISSUED FROM SAFEKEEPING IN THE
22 MANNER SET FORTH BY THE BOARD THROUGH REGULATION.
23 (B) THE BOARD MAY HOLD THE LICENSE IN SAFEKEEPING FOR A
24 PERIOD NOT TO EXCEED THREE CONSECUTIVE YEARS. ANY LICENSE
25 REMAINING IN SAFEKEEPING FOR MORE THAN THREE CONSECUTIVE YEARS
26 SHALL BE IMMEDIATELY REVOKED BY THE BUREAU OF LICENSING UNLESS A
27 TRANSFER APPLICATION OR REQUEST FOR REISSUE FROM SAFEKEEPING HAS
28 BEEN FILED PRIOR TO THE EXPIRATION OF THE THREE-YEAR PERIOD. THE
29 BOARD SHALL EXTEND THE PERIOD FOR AN ADDITIONAL YEAR IF AT THE
30 END OF THE THREE-YEAR PERIOD, THE LICENSED PREMISES ARE
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1 UNAVAILABLE DUE TO FIRE, FLOOD OR OTHER SIMILAR NATURAL
2 DISASTER.
3 (C) IN THE EVENT A TRANSFER APPLICATION FILED PRIOR TO THE
4 EXPIRATION OF THE THREE-YEAR PERIOD IS DISAPPROVED BY THE BOARD,
5 THROUGH ITS EXERCISE OF DISCRETION, THEN THE LICENSE MAY REMAIN
6 IN SAFEKEEPING FOR AN ADDITIONAL PERIOD OF THREE CONSECUTIVE
7 MONTHS AFTER THE BOARD'S DECISION TO REFUSE THE TRANSFER
8 APPLICATION. FAILURE TO REMOVE THE LICENSE FROM SAFEKEEPING OR
9 TO FILE ANOTHER TRANSFER APPLICATION PRIOR TO THE EXPIRATION OF
10 THE THREE-MONTH PERIOD OF TIME SHALL RESULT IN REVOCATION OF THE
11 LICENSE.
12 (D) ANY PERIOD OF TIME IN WHICH THE LICENSEE ALLOWS THE
13 LICENSE TO LAPSE BY NOT FILING A TIMELY LICENSE RENEWAL OR
14 LICENSE VALIDATION SHALL BE CONSIDERED TIME IN WHICH THE LICENSE
15 WAS HELD IN SAFEKEEPING, FOR PURPOSES OF THIS SECTION.
16 (E) A LICENSE PLACED IN SAFEKEEPING PRIOR TO THE EFFECTIVE
17 DATE OF THIS ACT WILL BE DEEMED TO HAVE BEEN PLACED IN
18 SAFEKEEPING ON THE EFFECTIVE DATE OF THIS ACT, FOR PURPOSES OF
19 THIS SECTION.
20 Section 2. This act shall take effect in 60 days.
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