PRIOR PRINTER'S NOS. 906, 4130 PRINTER'S NO. 4607
No. 816 Session of 2001
INTRODUCED BY GODSHALL, BUNT, CALTAGIRONE, CORRIGAN, DeLUCA,
HARHAI, LAUGHLIN, LEDERER, MANDERINO, WILT, BISHOP AND
HORSEY, FEBRUARY 26, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 18, 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 FURTHER PROVIDING FOR HOTEL, RESTAURANT AND CLUB LIQUOR <--
18 LICENSES, FOR MALT AND BREWED BEVERAGES RETAIL LICENSES AND
19 FOR REVOCATION AND SUSPENSION OF LICENSES AND FINES;
20 providing for the surrender of a license for benefit of the
21 licensee; AND FURTHER PROVIDING FOR UNLAWFUL ACTS RELATIVE TO <--
22 LIQUOR, MALT AND BREWED BEVERAGES AND LICENSEES.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of April 12, 1951 (P.L.90, No.21), known <--
26 as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
27 No.14), is amended by adding a section to read:
1 SECTION 1. SECTION 403(G) OF THE ACT OF APRIL 12, 1951 <--
2 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED
3 JUNE 29, 1987 (P.L.32, NO.14) AND AMENDED DECEMBER 20, 2000
4 (P.L.992, NO.141), IS AMENDED TO READ:
5 SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
6 LIQUOR LICENSES.--* * *
7 (G) EVERY APPLICANT FOR A NEW LICENSE OR FOR THE TRANSFER OF
8 AN EXISTING LICENSE SHALL POST, FOR A PERIOD OF AT LEAST
9 [FIFTEEN] THIRTY DAYS BEGINNING WITH THE DAY THE APPLICATION IS
10 FILED WITH THE BOARD, IN A CONSPICUOUS PLACE ON THE OUTSIDE OF
11 THE PREMISES OR AT THE PROPOSED NEW LOCATION FOR WHICH THE
12 LICENSE IS APPLIED, A NOTICE OF SUCH APPLICATION[,]. THE NOTICE
13 SHALL INDICATE WHETHER THE APPLICANT IS APPLYING FOR THE
14 AMUSEMENT PERMIT REQUIRED BY SECTION 493(10). THE NOTICE SHALL
15 BE IN SUCH FORM, BE OF SUCH SIZE, AND [CONTAINING] CONTAIN SUCH
16 PROVISIONS AS THE BOARD MAY REQUIRE BY ITS REGULATIONS. PROOF OF
17 THE POSTING OF SUCH NOTICE SHALL BE FILED WITH THE BOARD. THE
18 POSTING REQUIREMENT IMPOSED BY THIS SUBSECTION SHALL NOT APPLY
19 TO LICENSE APPLICATIONS SUBMITTED FOR PUBLIC VENUES.
20 * * *
21 SECTION 2. SECTION 432(E) OF THE ACT IS AMENDED TO READ:
22 SECTION 432. MALT AND BREWED BEVERAGES RETAIL LICENSES.--* *
23 *
24 (E) EVERY APPLICANT FOR A NEW OR FOR THE TRANSFER OF AN
25 EXISTING LICENSE TO ANOTHER PREMISES NOT THEN LICENSED SHALL
26 POST, FOR A PERIOD OF AT LEAST [FIFTEEN] THIRTY DAYS BEGINNING
27 WITH THE DAY THE APPLICATION IS FILED WITH THE BOARD, IN A
28 CONSPICUOUS PLACE ON THE OUTSIDE OF THE PREMISES OR IN A WINDOW
29 PLAINLY VISIBLE FROM THE OUTSIDE OF THE PREMISES FOR WHICH THE
30 LICENSE IS APPLIED OR AT THE PROPOSED NEW LOCATION, A NOTICE OF
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1 SUCH APPLICATION[,]. THE NOTICE SHALL INDICATE WHETHER THE
2 APPLICANT IS APPLYING FOR THE AMUSEMENT PERMIT REQUIRED BY
3 SECTION 493(10). THE NOTICE SHALL BE IN SUCH FORM, BE OF SUCH
4 SIZE, AND [CONTAINING] CONTAIN SUCH PROVISIONS AS THE BOARD MAY
5 REQUIRE BY ITS REGULATIONS. PROOF OF THE POSTING OF SUCH NOTICE
6 SHALL BE FILED WITH THE BOARD.
7 * * *
8 SECTION 3. SECTION 471(C) OF THE ACT, AMENDED FEBRUARY 21,
9 2002 (P.L.103, NO.10), IS AMENDED TO READ:
10 SECTION 471. REVOCATION AND SUSPENSION OF LICENSES; FINES.--
11 * * *
12 (C) THE ADMINISTRATIVE LAW JUDGE MAY CONSIDER THE LICENSEE'S
13 PRIOR CITATION HISTORY WHEN IMPOSING A PENALTY. IF THE VIOLATION
14 IN QUESTION IS A THIRD OR SUBSEQUENT VIOLATION OF [THIS ACT] ANY
15 OFFENSE REFERRED TO IN SUBSECTION (B) OR TITLE 18 OF THE
16 PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO CRIMES AND
17 OFFENSES), OCCURRING WITHIN A PERIOD OF FOUR YEARS, THE
18 ADMINISTRATIVE LAW JUDGE SHALL IMPOSE A SUSPENSION OR
19 REVOCATION.
20 * * *
21 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
22 Section 474.1. Surrender of Restaurant, Eating Place Retail
23 Dispenser, Hotel, Importing Distributor and Distributor License
24 for Benefit of Licensee.--(a) A restaurant, eating place retail
25 dispenser, hotel, importing distributor and distributor licensee
26 whose licensed establishment is not in operation for fifteen
27 consecutive days shall return its license for safekeeping with
28 the board no later than at the expiration of the fifteen-day
29 period. The license may only be reissued from safekeeping in the
30 manner set forth by the board through regulation.
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1 (b) The board may hold the license in safekeeping for a
2 period not to exceed three consecutive years. Any license
3 remaining in safekeeping for more than three consecutive years
4 shall be immediately revoked by the Bureau of Licensing unless a
5 transfer application or request for reissue from safekeeping has
6 been filed prior to the expiration of the three-year period. The
7 board shall extend the period for an additional year if at the
8 end of the three-year period, the licensed premises are
9 unavailable due to fire, flood or other similar natural
10 disaster.
11 (c) In the event a transfer application filed prior to the
12 expiration of the three-year period is disapproved by the board,
13 through its exercise of discretion, then the license may remain
14 in safekeeping for an additional period of three consecutive
15 months after the board's decision to refuse the transfer
16 application. Failure to remove the license from safekeeping or
17 to file another transfer application prior to the expiration of
18 the three-month period of time shall result in revocation of the
19 license.
20 (d) Any period of time in which the licensee allows the
21 license to lapse by not filing a timely license renewal or
22 license validation shall be considered time in which the license
23 was held in safekeeping, for purposes of this section.
24 (e) A license placed in safekeeping prior to the effective
25 date of this act will be deemed to have been placed in
26 safekeeping on the effective date of this act, for purposes of
27 this section.
28 Section 2. This act shall take effect in 60 days. <--
29 SECTION 5. SECTION 493(13) OF THE ACT, AMENDED NOVEMBER 10, <--
30 1999 (P.L.514, NO.47), IS AMENDED TO READ:
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1 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND
2 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED
3 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE
4 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES
5 OTHERWISE.
6 IT SHALL BE UNLAWFUL--
7 * * *
8 (13) RETAIL LICENSEES EMPLOYING MINORS. FOR ANY HOTEL,
9 RESTAURANT OR CLUB LIQUOR LICENSEE, OR ANY RETAIL DISPENSER, TO
10 EMPLOY OR TO PERMIT ANY MINOR UNDER THE AGE OF EIGHTEEN TO SERVE
11 ANY ALCOHOLIC BEVERAGES OR TO EMPLOY OR PERMIT ANY MINOR UNDER
12 THE AGE OF SIXTEEN TO RENDER ANY SERVICE WHATEVER IN THE
13 LICENSED PREMISES, NOR SHALL ANY ENTERTAINER UNDER THE AGE OF
14 EIGHTEEN BE EMPLOYED OR PERMITTED TO PERFORM IN ANY LICENSED
15 PREMISES IN VIOLATION OF THE LABOR LAWS OF THIS COMMONWEALTH:
16 PROVIDED, THAT IN ACCORDANCE WITH BOARD REGULATIONS MINORS
17 BETWEEN THE AGES OF SIXTEEN AND EIGHTEEN MAY BE EMPLOYED TO
18 SERVE FOOD, CLEAR TABLES AND PERFORM OTHER SIMILAR DUTIES, NOT
19 TO INCLUDE THE DISPENSING OR SERVING OF ALCOHOLIC BEVERAGES.
20 NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, IT
21 SHALL BE LAWFUL FOR ANY SKI RESORT, GOLF COURSE OR AMUSEMENT
22 PARK LICENSEE TO EMPLOY MINORS FOURTEEN AND FIFTEEN YEARS OF AGE
23 TO PERFORM DUTIES [ONLY] IN ROOMS OR AREAS OF THE LICENSED
24 PREMISES WHEN AND WHERE ALCOHOLIC BEVERAGES ARE NOT DISPENSED,
25 SERVED OR STORED [DURING THE TIME IN WHICH THE MINOR IS
26 PERFORMING SUCH DUTIES] IN UNSECURED STORAGE.
27 * * *
28 SECTION 6. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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