PRIOR PRINTER'S NOS. 1843, 2613 PRINTER'S NO. 3090
No. 1519 Session of 2001
INTRODUCED BY REINARD, LEH, MARSICO, McILHINNEY, WILT AND ADOLPH, MAY 3, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 12, 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 adding a definition; and DEFINITIONS; FURTHER PROVIDING FOR <--
18 SPECIAL OCCASION PERMITS; PROVIDING FOR SHIPMENT OF WINE INTO
19 THE COMMONWEALTH; FURTHER PROVIDING FOR GENERAL POWERS OF THE
20 BOARD, FOR SALES BY PENNSYLVANIA LIQUOR STORES, FOR
21 APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB LIQUOR LICENSES,
22 FOR PUBLIC VENUE LICENSE, FOR PERFORMING ARTS FACILITY
23 LICENSE; providing for malt and brewed beverages alternating
24 brewers' licenses; AND FURTHER PROVIDING FOR APPLICATION FOR <--
25 DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS'
26 LICENSES, FOR LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED
27 IN EACH COUNTY, FOR PLACES OF AMUSEMENT NOT TO BE LICENSED
28 AND PENALTY, FOR LICENSES NOT ASSIGNABLE AND TRANSFERS, FOR
29 REVOCATION AND SUSPENSION OF LICENSES AND FINES, FOR LOCAL
30 OPTION, FOR CLUBS, FOR PRIVATELY OWNED PUBLIC GOLF COURSES,
31 FOR ESTABLISHMENTS PROXIMATE TO INTERSTATE HIGHWAYS NOT TO BE
32 LICENSED, FOR APPLICANTS TO PROVIDE STATE TAX IDENTIFICATION
1 NUMBERS AND STATEMENT OF STATE TAX STATUS AND WAIVER OF 2 CONFIDENTIALITY OF INFORMATION IN THE POSSESSION OF THE 3 DEPARTMENT OF REVENUE AND OTHER DEPARTMENTS AND REVIEW OF 4 STATE TAX STATUS, FOR UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT 5 AND BREWED BEVERAGES AND LICENSEES, FOR IDENTIFICATION CARDS 6 AND LICENSEES AND STATE LIQUOR STORE EMPLOYEES SAVED FROM 7 PROSECUTION, FOR REPORTING OF WORTHLESS CHECKS, FOR UNLAWFUL 8 ADVERTISING AND FOR PREMISES TO BE VACATED BY PATRONS. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 102 of the act of April 12, 1951 (P.L.90, <-- 12 No.21), known as the Liquor Code, reenacted and amended June 29, 13 1987 (P.L.32, No.14), is amended by adding a definition to read: 14 SECTION 1. THE DEFINITIONS OF "EATING PLACE," "PUBLIC VENUE" <-- 15 AND "RESTAURANT" IN SECTION 102 OF THE ACT OF APRIL 12, 1951 16 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED 17 JUNE 29, 1987 (P.L.32, NO.14) AND AMENDED DECEMBER 20, 2000 18 (P.L.992, NO.141), ARE AMENDED AND THE SECTION IS AMENDED BY 19 ADDING DEFINITIONS TO READ: 20 Section 102. Definitions.--The following words or phrases, 21 unless the context clearly indicates otherwise, shall have the 22 meanings ascribed to them in this section: 23 * * * 24 "Alternating brewer" shall mean any person, association, 25 corporation or other business entity licensed by the board to 26 produce malt or brewed beverages at premises that are licensed 27 by another entity under a Pennsylvania manufacturer's license. 28 * * * 29 "AUTOMOBILE RACETRACK" SHALL MEAN A TRACK USED PRINCIPALLY <-- 30 FOR HOLDING AUTOMOBILE RACES WHICH HAS A SEATING CAPACITY IN 31 EXCESS OF TWENTY-FIVE THOUSAND. 32 * * * 33 "COMBINATION PACKAGE" SHALL MEAN A PACKAGE CONSISTING OF 20010H1519B3090 - 2 -
1 LIQUOR OR ALCOHOL AND A NON-LIQUOR OR NON-ALCOHOL ITEM AS 2 PACKAGED BY THE MANUFACTURER OR ITS REPRESENTATIVE. 3 * * * 4 "DIRECT SHIPPER" SHALL MEAN A PERSON OUTSIDE THIS 5 COMMONWEALTH WHO OBTAINS A LICENSE FROM THE BOARD TO ACCEPT 6 ORDERS PLACED FOR WINE FROM WITHIN THIS COMMONWEALTH BY THE 7 INTERNET AND WHO SHIPS OR FACILITATES IN ANY WAY SHIPMENT OF 8 WINE BY A DELIVERY AGENT OR COMMON CARRIER TO A PENNSYLVANIA 9 LIQUOR STORE. 10 * * * 11 "EATING PLACE" SHALL MEAN A PREMISE WHERE FOOD IS REGULARLY 12 AND CUSTOMARILY PREPARED AND SOLD, HAVING A TOTAL AREA OF NOT 13 LESS THAN THREE HUNDRED SQUARE FEET AVAILABLE TO THE PUBLIC IN 14 ONE OR MORE ROOMS, OTHER THAN LIVING QUARTERS, AND EQUIPPED WITH 15 TABLES AND CHAIRS, INCLUDING BAR SEATS, ACCOMMODATING THIRTY 16 PERSONS AT ONE TIME. 17 * * * 18 "MANAGEMENT COMPANY" SHALL MEAN ANY ENTITY EMPLOYED OR 19 OTHERWISE CONTRACTED BY A LICENSEE TO OPERATE, MANAGE OR 20 SUPERVISE ALL OR PART OF THE OPERATION OF THE LICENSED PREMISES. 21 * * * 22 "PUBLIC VENUE" SHALL MEAN A STADIUM, ARENA, CONVENTION 23 CENTER, MUSEUM, AMPHITHEATER OR SIMILAR STRUCTURE. IF THE PUBLIC 24 VENUE IS A CRUISE TERMINAL OWNED OR LEASED BY A PORT AUTHORITY 25 CREATED UNDER THE ACT OF JUNE 12, 1931 (P.L.575, NO.200), 26 ENTITLED "AN ACT PROVIDING FOR JOINT ACTION BY PENNSYLVANIA AND 27 NEW JERSEY IN THE DEVELOPMENT OF THE PORTS ON THE LOWER DELAWARE 28 RIVER, AND THE IMPROVEMENT OF THE FACILITIES FOR TRANSPORTATION 29 ACROSS THE RIVER; AUTHORIZING THE GOVERNOR, FOR THESE PURPOSES, 30 TO ENTER INTO AN AGREEMENT WITH NEW JERSEY; CREATING THE 20010H1519B3090 - 3 -
1 DELAWARE RIVER JOINT COMMISSION AND SPECIFYING THE POWERS AND 2 DUTIES THEREOF, INCLUDING THE POWER TO FINANCE PROJECTS BY THE 3 ISSUANCE OF REVENUE BONDS; TRANSFERRING TO THE NEW COMMISSION 4 ALL THE POWERS OF THE DELAWARE RIVER BRIDGE JOINT COMMISSION; 5 AND MAKING AN APPROPRIATION," IT SHALL HAVE NO PERMANENT SEATING 6 REQUIREMENT. IF THE PUBLIC VENUE IS AN OPEN-AIR AMPHITHEATER 7 OWNED BY A PORT AUTHORITY CREATED UNDER THE ACT OF DECEMBER 6, 8 1972 (P.L.1392, NO.298), KNOWN AS THE "THIRD CLASS CITY PORT 9 AUTHORITY ACT," IT SHALL HAVE NO PERMANENT SEATING REQUIREMENT. 10 IF THE PUBLIC VENUE IS OWNED BY A POLITICAL SUBDIVISION, A 11 MUNICIPAL AUTHORITY, THE COMMONWEALTH, AN AUTHORITY CREATED 12 UNDER THE ACT OF JULY 29, 1953 (P.L.1034, NO.270), KNOWN AS THE 13 "PUBLIC AUDITORIUM AUTHORITIES LAW," AN AUTHORITY CREATED UNDER 14 ARTICLE XXV-A OF THE ACT OF JULY 28, 1953 (P.L.723, NO.230), 15 KNOWN AS THE "SECOND CLASS COUNTY CODE," AN ART MUSEUM 16 ESTABLISHED UNDER THE AUTHORITY OF THE ACT OF APRIL 6, 1791 (3 17 SM.L.20, NO.1536), ENTITLED "AN ACT TO CONFER ON CERTAIN 18 ASSOCIATIONS OF THE CITIZENS OF THIS COMMONWEALTH THE POWERS AND 19 IMMUNITIES OF CORPORATIONS, OR BODIES POLITIC IN LAW," OR AN 20 AUTHORITY CREATED UNDER ARTICLE XXIII (N) OR (O) OF THE ACT OF 21 AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS "THE COUNTY CODE," IT 22 SHALL HAVE PERMANENT SEATING FOR AT LEAST ONE THOUSAND (1,000) 23 PEOPLE; OTHERWISE, IT SHALL HAVE PERMANENT SEATING FOR AT LEAST 24 [FIVE THOUSAND (5,000)] THREE THOUSAND (3,000) PEOPLE. THE TERM 25 SHALL ALSO MEAN ANY REGIONAL HISTORY CENTER, MULTIPURPOSE 26 CULTURAL AND SCIENCE FACILITY OR MUSEUM, REGARDLESS OF OWNER AND 27 SEATING CAPACITY, THAT HAS A FLOOR AREA OF AT LEAST SIXTY 28 THOUSAND (60,000) SQUARE FEET IN ONE BUILDING. 29 * * * 30 "RESTAURANT" SHALL MEAN A REPUTABLE PLACE OPERATED BY 20010H1519B3090 - 4 -
1 RESPONSIBLE PERSONS OF GOOD REPUTATION AND HABITUALLY AND 2 PRINCIPALLY USED FOR THE PURPOSE OF PROVIDING FOOD FOR THE 3 PUBLIC, THE PLACE TO HAVE AN AREA WITHIN A BUILDING OF NOT LESS 4 THAN FOUR HUNDRED SQUARE FEET, EQUIPPED WITH TABLES AND CHAIRS, 5 INCLUDING BAR SEATS, ACCOMMODATING AT LEAST THIRTY PERSONS AT 6 ONE TIME. 7 * * * 8 Section 2. The act is amended by adding a section to read: <-- 9 SECTION 2. SECTION 207 OF THE ACT IS AMENDED BY ADDING A <-- 10 SUBSECTION TO READ: 11 SECTION 207. GENERAL POWERS OF BOARD.--UNDER THIS ACT, THE 12 BOARD SHALL HAVE THE POWER AND ITS DUTY SHALL BE: 13 * * * 14 (K) TO ISSUE GRANTS TO VARIOUS ENTITIES FOR ALCOHOL 15 EDUCATION AND PREVENTION EFFORTS. 16 SECTION 3. SECTION 305(A) OF THE ACT IS AMENDED TO READ: 17 SECTION 305. SALES BY PENNSYLVANIA LIQUOR STORES.--(A) 18 EVERY PENNSYLVANIA LIQUOR STORE SHALL KEEP IN STOCK FOR SALE 19 SUCH CLASSES, VARIETIES AND BRANDS OF LIQUOR AND ALCOHOL AS THE 20 BOARD SHALL PRESCRIBE. EVERY PENNSYLVANIA LIQUOR STORE SHALL BE 21 AUTHORIZED TO SELL COMBINATION PACKAGES. IF ANY PERSON SHALL 22 DESIRE TO PURCHASE ANY CLASS, VARIETY OR BRAND OF LIQUOR OR 23 ALCOHOL WHICH ANY SUCH STORE DOES NOT HAVE IN STOCK, IT SHALL BE 24 THE DUTY OF SUCH STORE IMMEDIATELY TO ORDER THE SAME UPON THE 25 PAYMENT OF A REASONABLE DEPOSIT BY THE PURCHASER IN SUCH 26 PROPORTION OF THE APPROXIMATE COST OF THE ORDER AS SHALL BE 27 PRESCRIBED BY THE REGULATIONS OF THE BOARD. NO PURCHASER MAY BE 28 REQUIRED TO PURCHASE MORE THAN TWO BOTTLES OR CONTAINERS OF THE 29 PRODUCT, PROVIDED THAT SUCH PRODUCT IS AVAILABLE THROUGH THE 30 STATE STORE SYSTEM. THE CUSTOMER SHALL BE NOTIFIED IMMEDIATELY 20010H1519B3090 - 5 -
1 UPON THE ARRIVAL OF THE GOODS.
2 IN COMPUTING THE RETAIL PRICE OF SUCH SPECIAL ORDERS FOR
3 LIQUOR OR ALCOHOL, THE BOARD SHALL NOT INCLUDE THE COST OF
4 FREIGHT OR SHIPPING BEFORE APPLYING THE MARK-UP AND TAXES BUT
5 SHALL ADD THE FREIGHT OR SHIPPING CHARGES TO THE PRICE AFTER THE
6 MARK-UP AND TAXES HAVE BEEN APPLIED.
7 UNLESS THE CUSTOMER PAYS FOR AND ACCEPTS DELIVERY OF ANY SUCH
8 SPECIAL ORDER WITHIN TEN DAYS AFTER NOTICE OF ARRIVAL, THE STORE
9 MAY PLACE IT IN STOCK FOR GENERAL SALE AND THE CUSTOMER'S
10 DEPOSIT SHALL BE FORFEITED.
11 * * *
12 SECTION 4. SECTION 403(A) OF THE ACT, AMENDED DECEMBER 21,
13 1998 (P.L.1202, NO.155), IS AMENDED TO READ:
14 SECTION 403. APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB
15 LIQUOR LICENSES.--(A) EVERY APPLICANT FOR A HOTEL LIQUOR
16 LICENSE, RESTAURANT LIQUOR LICENSE OR CLUB LIQUOR LICENSE OR FOR
17 THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN
18 LICENSED OR TO ANOTHER PERSON SHALL FILE A WRITTEN APPLICATION
19 WITH THE BOARD IN SUCH FORM AND CONTAINING SUCH INFORMATION AS
20 THE BOARD SHALL FROM TIME TO TIME PRESCRIBE, WHICH SHALL BE
21 ACCOMPANIED BY A FILING FEE AND AN ANNUAL LICENSE FEE AS
22 PRESCRIBED IN SECTION 614-A OF THE ACT OF APRIL 9, 1929
23 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
24 EVERY SUCH APPLICATION SHALL CONTAIN A DESCRIPTION OF THAT PART
25 OF THE HOTEL, RESTAURANT OR CLUB FOR WHICH THE APPLICANT DESIRES
26 A LICENSE AND SHALL SET FORTH SUCH OTHER MATERIAL INFORMATION,
27 DESCRIPTION OR PLAN OF THAT PART OF THE HOTEL, RESTAURANT OR
28 CLUB WHERE IT IS PROPOSED TO KEEP AND SELL LIQUOR AS MAY BE
29 REQUIRED BY THE REGULATIONS OF THE BOARD. THE DESCRIPTIONS,
30 INFORMATION AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW
20010H1519B3090 - 6 -
1 THE HOTEL, RESTAURANT, CLUB, OR THE PROPOSED LOCATION FOR THE 2 CONSTRUCTION OF A HOTEL, RESTAURANT OR CLUB, AT THE TIME THE 3 APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS PROPOSED TO 4 BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE CONSTRUCTED 5 AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION FOR A LICENSE 6 OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES 7 NOT THEN LICENSED OR TO ANOTHER PERSON. NO PHYSICAL ALTERATIONS, 8 IMPROVEMENTS OR CHANGES SHALL BE REQUIRED TO BE MADE TO ANY 9 HOTEL, RESTAURANT OR CLUB, NOR SHALL ANY NEW BUILDING FOR ANY 10 SUCH PURPOSE, BE REQUIRED TO BE CONSTRUCTED UNTIL APPROVAL OF 11 THE APPLICATION FOR LICENSE OR FOR THE TRANSFER OF AN EXISTING 12 LICENSE TO ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER 13 PERSON BY THE BOARD. AFTER APPROVAL OF THE APPLICATION, THE 14 LICENSEE SHALL MAKE THE PHYSICAL ALTERATIONS, IMPROVEMENTS AND 15 CHANGES TO THE LICENSED PREMISES, OR SHALL CONSTRUCT THE NEW 16 BUILDING IN THE MANNER SPECIFIED BY THE BOARD AT THE TIME OF 17 APPROVAL, AND THE LICENSEE SHALL NOT TRANSACT ANY BUSINESS UNDER 18 THE LICENSE UNTIL THE BOARD HAS APPROVED THE COMPLETED PHYSICAL 19 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES, 20 OR THE COMPLETED CONSTRUCTION OF THE NEW BUILDING AS CONFORMING 21 TO THE SPECIFICATIONS REQUIRED BY THE BOARD AT THE TIME OF 22 ISSUANCE OR TRANSFER OF THE LICENSE, AND IS SATISFIED THAT THE 23 ESTABLISHMENT IS A RESTAURANT, HOTEL OR CLUB AS DEFINED BY THIS 24 ACT. THE BOARD MAY REQUIRE THAT ALL SUCH ALTERATIONS OR 25 CONSTRUCTION OR CONFORMITY TO DEFINITION BE COMPLETED WITHIN SIX 26 MONTHS FROM THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE. 27 FAILURE TO COMPLY WITH THESE REQUIREMENTS SHALL BE CONSIDERED 28 CAUSE FOR REVOCATION OF THE LICENSE. NO SUCH LICENSE SHALL BE 29 TRANSFERABLE BETWEEN THE TIME OF ISSUANCE OR TRANSFER OF THE 30 LICENSE AND THE APPROVAL OF THE COMPLETED ALTERATIONS OR 20010H1519B3090 - 7 -
1 CONSTRUCTION BY THE BOARD AND FULL COMPLIANCE BY THE LICENSEE 2 WITH THE REQUIREMENTS OF THIS ACT, EXCEPT IN THE CASE OF DEATH 3 OF THE LICENSEE PRIOR TO FULL COMPLIANCE WITH ALL OF THE 4 AFOREMENTIONED REQUIREMENTS, UNLESS FULL COMPLIANCE IS 5 IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S CONTROL, IN WHICH 6 EVENT, THE LICENSE MAY BE TRANSFERRED BY THE BOARD AS PROVIDED 7 IN THIS ACT. 8 * * * 9 SECTION 5. SECTION 408.4(A) OF THE ACT, AMENDED NOVEMBER 10, 10 1999 (P.L.514, NO.47), IS AMENDED TO READ: 11 SECTION 408.4. SPECIAL OCCASION PERMITS.--(A) UPON 12 APPLICATION OF ANY HOSPITAL, CHURCH, SYNAGOGUE, VOLUNTEER FIRE 13 COMPANY, VOLUNTEER AMBULANCE COMPANY, VOLUNTEER RESCUE SQUAD, 14 NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF THE 15 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 16 501(C)(3)) WHOSE PURPOSE IS TO PROTECT THE ARCHITECTURAL 17 HERITAGE OF BOROUGHS, AND WHICH HAS BEEN RECOGNIZED AS SUCH BY A 18 MUNICIPAL RESOLUTION, UNIT OF A NATIONALLY CHARTERED CLUB WHICH 19 HAS BEEN ISSUED A CLUB LIQUOR LICENSE, NONPROFIT AGRICULTURAL 20 ASSOCIATION IN EXISTENCE FOR AT LEAST TEN YEARS, BONA FIDE 21 SPORTSMEN'S CLUB IN EXISTENCE FOR AT LEAST TEN YEARS, NATIONALLY 22 CHARTERED VETERANS' ORGANIZATION AND ANY AFFILIATED LODGE OR 23 SUBDIVISION OF SUCH ORGANIZATION, FRATERNAL BENEFIT SOCIETY THAT 24 IS LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND ANY 25 AFFILIATED LODGE OR SUBDIVISION OF SUCH FRATERNAL BENEFIT 26 SOCIETY, OR ONE AUXILIARY OF ANY OF THE FOREGOING, AND UPON 27 PAYMENT OF THE PRESCRIBED FEE FOR SPECIAL OCCASION PERMITS UNDER 28 SECTION 614-A OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), 29 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," THE BOARD SHALL 30 ISSUE A SPECIAL OCCASION PERMIT GOOD FOR A PERIOD OF NOT MORE 20010H1519B3090 - 8 -
1 THAN SIX CONSECUTIVE OR NONCONSECUTIVE DAYS DURING A CALENDAR 2 YEAR. SPECIAL OCCASION PERMITS MAY ALSO BE ISSUED TO A MUSEUM 3 OPERATED BY A NONPROFIT CORPORATION IN A CITY OF THE THIRD CLASS 4 OR TOWNSHIP OF THE FIRST CLASS OR A NONPROFIT CORPORATION 5 ENGAGED IN THE PERFORMING ARTS IN A CITY OF THE THIRD CLASS OR 6 IN AN INCORPORATED TOWN OR TO AN ARTS COUNCIL OR TO A NONPROFIT 7 CORPORATION THAT OPERATES AN ARTS FACILITY OR MUSEUM IN A CITY 8 OF THE THIRD CLASS IN A COUNTY OF THE FOURTH CLASS FOR A PERIOD 9 OF NOT MORE THAN SIX NONCONSECUTIVE OR TEN CONSECUTIVE DAYS AT 10 THE PRESCRIBED FEE FOR SPECIAL OCCASION PERMITS UNDER SECTION 11 614-A OF "THE ADMINISTRATIVE CODE OF 1929." 12 * * * 13 SECTION 6. SECTIONS 412(B), (D), (E) AND (F) AND 413(D), (E) 14 AND (G) OF THE ACT, ADDED DECEMBER 20, 2000 (P.L.992, NO.141), 15 ARE AMENDED TO READ: 16 SECTION 412. PUBLIC VENUE LICENSE.--* * * 17 (B) AN APPLICATION FOR A RESTAURANT LIQUOR LICENSE UNDER 18 THIS SECTION MAY BE MADE BY THE OWNER OF THE PUBLIC VENUE, [A 19 NONPROFIT CORPORATION OPERATING] THE OPERATOR OF THE PUBLIC 20 VENUE OR BY A CONCESSIONAIRE DESIGNATED BY THE GOVERNING BODY OF 21 EITHER THE OWNER OF THE PUBLIC VENUE OR THE [NONPROFIT 22 CORPORATION] OPERATOR. THE APPLICATION AND ISSUANCE OF THE 23 LICENSE IS SUBJECT TO SECTIONS 403 AND 404 UNLESS OTHERWISE 24 STATED. THE LICENSING PERIOD SHALL BE AS SET FORTH BY THE BOARD 25 UNDER SECTION 402. THE APPLICATION, RENEWAL AND FILING FEES 26 SHALL BE AS PRESCRIBED IN SECTION 614-A(25) OF THE ACT OF APRIL 27 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 28 1929." [FOR THE PURPOSES OF THIS SECTION, A NONPROFIT 29 CORPORATION IS AN ENTITY INCORPORATED UNDER THE NONPROFIT 30 CORPORATION LAWS FOR THE PURPOSE OF BENEFITING THE PUBLIC AND 20010H1519B3090 - 9 -
1 NOT FOR THE PURPOSE OF BENEFITING ITS MEMBERS.] 2 * * * 3 (D) LICENSES UNDER THIS SECTION SHALL EXPIRE UPON: (1) 4 REVOCATION BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471; (2) 5 NONRENEWAL BY THE BOARD UNDER SECTION 470; (3) NONRENEWAL OF THE 6 LICENSE BY THE LICENSE HOLDER; (4) TERMINATION OF THE CONTRACT 7 BETWEEN THE OWNER OF THE PUBLIC VENUE AND ITS CONCESSIONAIRE; OR 8 (5) TERMINATION OF THE CONTRACT BETWEEN [A NONPROFIT 9 CORPORATION] AN OPERATOR AND ITS CONCESSIONAIRE. 10 * * * 11 (E) THE BOARD MAY ISSUE A LICENSE UNDER THIS SECTION AT ANY 12 TIME TO A NEW APPLICANT EVEN IF THE PREVIOUS LICENSE HAD: (1) 13 BEEN REVOKED BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471; 14 (2) NOT BEEN RENEWED BY THE BOARD UNDER SECTION 470; (3) NOT 15 BEEN RENEWED BY THE LICENSE HOLDER; (4) EXPIRED BECAUSE OF THE 16 TERMINATION OF THE CONTRACT BETWEEN THE OWNER OF THE PUBLIC 17 VENUE AND ITS CONCESSIONAIRE; OR (5) EXPIRED BECAUSE OF THE 18 TERMINATION OF THE CONTRACT BETWEEN [THE NONPROFIT CORPORATION] 19 AN OPERATOR AND ITS CONCESSIONAIRE. 20 (F) LICENSES ISSUED UNDER THIS SECTION ARE TO BE CONSIDERED 21 RESTAURANT LIQUOR LICENSES. HOWEVER, THE FOLLOWING ADDITIONAL 22 RESTRICTIONS AND PRIVILEGES APPLY: 23 (1) SALES MAY ONLY BE MADE ONE HOUR BEFORE, DURING AND ONE 24 HOUR AFTER ANY ATHLETIC PERFORMANCE, PERFORMING ARTS EVENT, 25 TRADE SHOW, CONVENTION, BANQUET OR ANY OTHER PERFORMANCE AT THE 26 FACILITY; HOWEVER, SALES MAY NOT BE MADE FROM TWO O'CLOCK 27 ANTEMERIDIAN TO SEVEN O'CLOCK ANTEMERIDIAN. IN ADDITION, SALES 28 MAY NOT OCCUR PRIOR TO ELEVEN O'CLOCK ANTEMERIDIAN ON SUNDAYS OR 29 SEVEN O'CLOCK ANTEMERIDIAN ON MONDAYS. NOTWITHSTANDING THIS 30 SECTION, FACILITIES THAT HAD BEEN LICENSED UNDER FORMER SECTIONS 20010H1519B3090 - 10 -
1 408.9 AND 408.14 MAY SELL LIQUOR AND/OR MALT OR BREWED BEVERAGES 2 ANYTIME EXCEPT FROM TWO O'CLOCK ANTEMERIDIAN TO SEVEN O'CLOCK 3 ANTEMERIDIAN OR PRIOR TO ELEVEN O'CLOCK ANTEMERIDIAN ON SUNDAYS 4 OR SEVEN O'CLOCK ANTEMERIDIAN ON MONDAYS, REGARDLESS OF WHETHER 5 THERE IS A PERFORMANCE AT THE FACILITY. 6 (2) SALES OF ALCOHOLIC BEVERAGES BEFORE, DURING AND AFTER 7 ALL PROFESSIONAL AND AMATEUR ATHLETIC EVENTS ON THE PREMISES 8 SHALL BE LIMITED TO SALES OF MALT OR BREWED BEVERAGES IN 9 SHATTERPROOF CONTAINERS. SALES OF ALCOHOLIC BEVERAGES BEFORE, 10 DURING AND AFTER PERFORMING ARTS EVENTS OR OTHER ENTERTAINMENT 11 EVENTS MAY CONSIST OF LIQUOR OR MALT OR BREWED BEVERAGES IN 12 SHATTERPROOF CONTAINERS. SALES DURING TRADE SHOWS, CONVENTIONS, 13 BANQUETS OR AT OTHER EVENTS, OR SALES MADE IN THE CLUB SEATS OR 14 AT A RESTAURANT FACILITY, MAY CONSIST OF LIQUOR OR MALT OR 15 BREWED BEVERAGES IN ANY TYPE OF CONTAINER; HOWEVER, ANY LIQUOR 16 OR MALT OR BREWED BEVERAGES SOLD IN THE CLUB SEATS OR RESTAURANT 17 FACILITY MUST REMAIN IN THE CLUB SEATING LEVEL OR RESTAURANT 18 FACILITY. FOR PURPOSES OF THIS SECTION, A CLUB SEAT IS ANY 19 SEATING LOCATED ON THE DESIGNATED CLUB SEATING LEVEL AND 20 PARTITIONED FROM GENERAL SEATING BY A WALL, DIVIDER, PARTIAL 21 WALL OR RAILING. THE CLUB SEATING LEVEL MUST NOT BE ACCESSIBLE 22 BY THE GENERAL PUBLIC. THE BOARD'S RECORDS SHALL CLEARLY 23 DELINEATE WHERE THE SALE OF LIQUOR OR MALT OR BREWED BEVERAGES 24 IN ANY TYPE OF CONTAINER MAY OCCUR. 25 (3) SALES OF MALT OR BREWED BEVERAGES FOR OFF-PREMISES 26 CONSUMPTION ARE PROHIBITED. 27 (4) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT 28 TO: (I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (II) 29 THE QUOTA RESTRICTIONS OF SECTION 461; [(III) THE PROVISIONS OF 30 SECTION 463;] (IV) THE PROVISIONS OF SECTION 493(10) EXCEPT AS 20010H1519B3090 - 11 -
1 THEY RELATE TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT; AND (V) 2 THE PROHIBITION AGAINST MINORS FREQUENTING AS DESCRIBED IN 3 SECTION 493(14). IN ADDITION, LICENSES ISSUED UNDER THIS SECTION 4 SHALL NOT BE SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN 5 SECTION 102. 6 SECTION 413. PERFORMING ARTS FACILITY LICENSE.--* * * 7 (D) LICENSES UNDER THIS SECTION SHALL EXPIRE UPON: (1) 8 REVOCATION BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471; (2) 9 NONRENEWAL BY THE BOARD UNDER SECTION 470; (3) NONRENEWAL OF THE 10 LICENSE BY THE LICENSE HOLDER; OR (4) TERMINATION OF THE 11 CONTRACT BETWEEN THE [OWNER] OPERATOR OF THE [PUBLIC VENUE] 12 PERFORMING ARTS FACILITIES AND ITS CONCESSIONAIRE[; OR (5) 13 TERMINATION OF THE CONTRACT BETWEEN A CORPORATION AND ITS 14 CONCESSIONAIRE]. 15 (E) THE BOARD MAY ISSUE A LICENSE UNDER THIS SECTION AT ANY 16 TIME TO A NEW APPLICANT EVEN IF THE PREVIOUS LICENSE HAD: (1) 17 BEEN REVOKED BY AN ADMINISTRATIVE LAW JUDGE UNDER SECTION 471; 18 (2) NOT BEEN RENEWED BY THE BOARD UNDER SECTION 470; (3) NOT 19 BEEN RENEWED BY THE LICENSE HOLDER; OR (4) EXPIRED BECAUSE OF 20 THE TERMINATION OF THE CONTRACT BETWEEN THE [OWNER] OPERATOR OF 21 THE [PUBLIC VENUE] PERFORMING ARTS FACILITIES AND ITS 22 CONCESSIONAIRE[; OR (5) EXPIRED BECAUSE OF THE TERMINATION OF 23 THE CONTRACT BETWEEN THE CORPORATION AND ITS CONCESSIONAIRE]. 24 * * * 25 (G) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE SUBJECT 26 TO: (1) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404; (2) 27 THE QUOTA RESTRICTIONS OF SECTION 461; [(3) THE PROVISIONS OF 28 SECTION 463;] (4) THE PROVISIONS OF SECTION 493(10) EXCEPT AS 29 THEY RELATE TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT; AND (5) 30 THE PROHIBITIONS AGAINST MINORS FREQUENTING AS DESCRIBED IN 20010H1519B3090 - 12 -
1 SECTION 493(14). IN ADDITION, LICENSES ISSUED UNDER THIS SECTION 2 SHALL NOT BE SUBJECT TO THE PROVISIONS DEFINING "RESTAURANT" IN 3 SECTION 102. 4 * * * 5 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 6 Section 431.1. Malt and Brewed Beverages Alternating 7 Brewers' Licenses.--(a) The board shall be authorized to issue 8 an alternating brewer's license to qualified entities. In order 9 to qualify for the alternating brewer's license, the applicant 10 must demonstrate that it holds a Federal brewer's notice 11 registration issued for a premises within this Commonwealth and 12 meet all the qualifications imposed on the holder of a malt and 13 brewed beverage manufacturer's license. 14 (b) The holder of an alternating brewer's license shall have 15 all the rights and be subject to the same conditions and 16 qualifications as those imposed on holders of a malt or brewed 17 beverage manufacturer's license except as set forth in this 18 section. 19 (c) The holder of an alternating brewer's license is not 20 required to maintain separate manufacturing premises; rather, 21 the alternating brewer's license shall be valid at premises that 22 are licensed by another entity under a Pennsylvania 23 manufacturer's license. The holder of an alternating brewer's 24 license shall not be entitled to the limited tax credit 25 available under section 2010 of the act of March 4, 1971 (P.L.6, 26 No.2), known as the "Tax Reform Code of 1971." 27 (d) Malt and brewed beverages manufactured under the 28 authority of an alternating brewer's license must be distributed 29 in this Commonwealth only through specific importing 30 distributors who shall first have been given distributor rights 20010H1519B3090 - 13 -
1 for such products in designated geographical areas through the 2 distribution system required for out-of-State manufacturers 3 under section 431(b) as well as all other pertinent sections of 4 this act. The alternating brewer must comply with section 444. 5 (e) The application, renewal and filing fees for a malt and 6 brewed beverages alternating brewer's license shall be as 7 prescribed in section 614-A(10) of the act of April 9, 1929 8 (P.L.177, No.175), known as "The Administrative Code of 1929." 9 SECTION 8. SECTION 436(B) OF THE ACT, AMENDED APRIL 29, 1994 <-- 10 (P.L.212, NO.30), IS AMENDED TO READ: 11 SECTION 436. APPLICATION FOR DISTRIBUTORS', IMPORTING 12 DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES.--APPLICATION FOR 13 DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS' 14 LICENSES, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO ANOTHER 15 PREMISES NOT THEN LICENSED, SHALL CONTAIN OR HAVE ATTACHED 16 THERETO THE FOLLOWING INFORMATION AND STATEMENTS: 17 * * * 18 (B) THE PARTICULAR PLACE FOR WHICH THE LICENSE IS DESIRED 19 AND A DETAILED DESCRIPTION THEREOF. THE DESCRIPTION, INFORMATION 20 AND PLANS REFERRED TO IN THIS SUBSECTION SHALL SHOW THE PREMISES 21 OR THE PROPOSED LOCATION FOR THE CONSTRUCTION OF THE PREMISES AT 22 THE TIME THE APPLICATION IS MADE, AND SHALL SHOW ANY ALTERATIONS 23 PROPOSED TO BE MADE THERETO, OR THE NEW BUILDING PROPOSED TO BE 24 CONSTRUCTED AFTER THE APPROVAL BY THE BOARD OF THE APPLICATION 25 FOR A LICENSE, OR FOR THE TRANSFER OF AN EXISTING LICENSE TO 26 ANOTHER PREMISES NOT THEN LICENSED OR TO ANOTHER PERSON. NO 27 PHYSICAL ALTERATIONS, IMPROVEMENTS OR CHANGES SHALL BE REQUIRED 28 TO BE MADE TO ANY HOTEL, EATING PLACE OR CLUB, NOR SHALL ANY NEW 29 BUILDING FOR ANY SUCH PURPOSE BE REQUIRED TO BE CONSTRUCTED 30 UNTIL APPROVAL OF THE APPLICATION FOR LICENSE OR FOR THE 20010H1519B3090 - 14 -
1 TRANSFER OF AN EXISTING LICENSE TO ANOTHER PREMISES NOT THEN 2 LICENSED OR TO ANOTHER PERSON BY THE BOARD. AFTER APPROVAL OF 3 THE APPLICATION, THE LICENSEE SHALL MAKE THE PHYSICAL 4 ALTERATIONS, IMPROVEMENTS AND CHANGES TO THE LICENSED PREMISES, 5 OR SHALL CONSTRUCT THE NEW BUILDING IN THE MANNER SPECIFIED BY 6 THE BOARD AT THE TIME OF APPROVAL. THE LICENSEE SHALL NOT 7 TRANSACT ANY BUSINESS UNDER THE LICENSE UNTIL THE BOARD HAS 8 APPROVED THE COMPLETED PHYSICAL ALTERATIONS, IMPROVEMENTS AND 9 CHANGES OF THE LICENSED PREMISES OR THE COMPLETED CONSTRUCTION 10 OF THE NEW BUILDING AS CONFORMING TO THE SPECIFICATIONS REQUIRED 11 BY THE BOARD AT THE TIME OF ISSUANCE OR TRANSFER OF THE LICENSE 12 AND IS SATISFIED THAT THE PREMISES MEET THE REQUIREMENTS FOR A 13 DISTRIBUTOR'S OR IMPORTING DISTRIBUTOR'S LICENSE AS SET FORTH IN 14 THIS ACT OR THAT THE ESTABLISHMENT IS AN EATING PLACE, HOTEL OR 15 CLUB AS DEFINED BY THIS ACT. THE BOARD MAY REQUIRE THAT ALL SUCH 16 ALTERATIONS OR CONSTRUCTION OR CONFORMITY TO DEFINITION BE 17 COMPLETED WITHIN SIX MONTHS FROM THE TIME OF ISSUANCE OR 18 TRANSFER OF THE LICENSE. FAILURE TO COMPLY WITH THESE 19 REQUIREMENTS SHALL BE CONSIDERED CAUSE FOR REVOCATION OF THE 20 LICENSE. NO SUCH LICENSE SHALL BE TRANSFERABLE BETWEEN THE TIME 21 OF ISSUANCE OR TRANSFER OF THE LICENSE AND THE APPROVAL OF THE 22 COMPLETED ALTERATIONS OR CONSTRUCTION BY THE BOARD AND FULL 23 COMPLIANCE BY THE LICENSEE WITH THE REQUIREMENTS OF THIS ACT, 24 EXCEPT IN THE CASE OF DEATH OF THE LICENSEE PRIOR TO FULL 25 COMPLIANCE WITH ALL OF THE AFOREMENTIONED REQUIREMENTS, UNLESS 26 FULL COMPLIANCE IS IMPOSSIBLE FOR REASONS BEYOND THE LICENSEE'S 27 CONTROL, IN WHICH EVENT THE LICENSE MAY BE TRANSFERRED BY THE 28 BOARD AS PROVIDED IN THIS ACT. 29 SECTION 9. SECTION 461(A), (B.1), (B.2), (B.3) AND (E.1), 30 AMENDED OR ADDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE 20010H1519B3090 - 15 -
1 AMENDED TO READ: 2 SECTION 461. LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED 3 IN EACH COUNTY.--(A) NO ADDITIONAL RESTAURANT, EATING PLACE 4 RETAIL DISPENSER OR CLUB LICENSES SHALL BE ISSUED WITHIN A 5 COUNTY IF THE TOTAL NUMBER OF RESTAURANT AND EATING PLACE RETAIL 6 DISPENSER LICENSES IS GREATER THAN ONE LICENSE FOR EACH THREE 7 THOUSAND INHABITANTS IN THE COUNTY, EXCEPT THE BOARD MAY ISSUE 8 LICENSES TO PUBLIC VENUES, PERFORMING ARTS FACILITIES, AIRPORT 9 RESTAURANTS, MUNICIPAL GOLF COURSES, HOTELS, PRIVATELY-OWNED 10 PRIVATE GOLF COURSES, PRIVATELY-OWNED PUBLIC GOLF COURSES, 11 RACETRACKS, AUTOMOBILE RACETRACKS, NONPRIMARY PARI-MUTUEL 12 WAGERING LOCATIONS AND TO ANY OTHER ENTITY WHICH THIS ACT 13 SPECIFICALLY EXEMPTS FROM THE LIMITATIONS PROVIDED IN THIS 14 SECTION, AND THE BOARD MAY ISSUE A LICENSE TO A CLUB SITUATED IN 15 A BOROUGH HAVING A POPULATION LESS THAN EIGHT THOUSAND 16 INHABITANTS WHICH IS LOCATED IN A COUNTY OF THE SECOND CLASS A 17 WHOSE APPLICATION IS FILED ON OR BEFORE FEBRUARY 28, 2001. IN 18 ADDITION, THE BOARD MAY ISSUE AN EATING PLACE RETAIL DISPENSER 19 LICENSE FOR ON-PREMISES SALES ONLY TO THE OWNER OR OPERATOR OF A 20 FACILITY HAVING A MINIMUM OF A ONE-HALF MILE ASPHALT TRACK AND 21 HAVING A PERMANENT SEATING CAPACITY OF AT LEAST SIX THOUSAND 22 PEOPLE USED PRINCIPALLY FOR HOLDING AUTOMOBILE RACES, REGARDLESS 23 OF THE NUMBER OF RESTAURANT AND EATING PLACE RETAIL DISPENSER 24 LICENSES ALREADY ISSUED IN THAT COUNTY. WHEN DETERMINING THE 25 NUMBER OF RESTAURANT AND EATING PLACE RETAIL DISPENSER LICENSES 26 ISSUED IN A COUNTY FOR THE PURPOSES OF THIS SECTION, LICENSES 27 EXEMPTED FROM THIS LIMITATION AND CLUB LICENSES SHALL NOT BE 28 CONSIDERED. INHABITANTS OF DRY MUNICIPALITIES SHALL BE 29 CONSIDERED WHEN DETERMINING THE POPULATION IN A COUNTY. LICENSES 30 SHALL NOT BE ISSUED OR TRANSFERRED INTO MUNICIPALITIES WHERE 20010H1519B3090 - 16 -
1 SUCH LICENSES ARE PROHIBITED PURSUANT TO LOCAL REFERENDUM IN 2 ACCORDANCE WITH SECTION 472. LICENSES APPROVED FOR 3 INTERMUNICIPAL TRANSFER MAY NOT BE TRANSFERRED FROM THE 4 RECEIVING MUNICIPALITY FOR A PERIOD OF FIVE YEARS AFTER THE DATE 5 THAT THE LICENSED PREMISES ARE OPERATIONAL IN THE RECEIVING 6 MUNICIPALITY. 7 (B.1) THE BOARD MAY ISSUE RESTAURANT AND EATING PLACE RETAIL 8 DISPENSER LICENSES AND RENEW LICENSES ISSUED UNDER THIS 9 SUBSECTION WITHOUT REGARD TO THE QUOTA RESTRICTIONS SET FORTH IN 10 SUBSECTION (A) FOR THE PURPOSE OF ECONOMIC DEVELOPMENT IN A 11 MUNICIPALITY UNDER THE FOLLOWING CONDITIONS: 12 (1) A LICENSE MAY ONLY BE ISSUED UNDER THIS SUBSECTION IF 13 THE APPLICANT HAS EXHAUSTED REASONABLE MEANS FOR OBTAINING A 14 SUITABLE LICENSE WITHIN THE COUNTY. 15 (2) THE PROPOSED LICENSED PREMISES MUST BE LOCATED WITHIN 16 EITHER OF THE FOLLOWING: 17 (I) A KEYSTONE OPPORTUNITY ZONE ESTABLISHED UNDER THE 18 AUTHORITY OF THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN 19 AS THE ["PENNSYLVANIA KEYSTONE OPPORTUNITY ZONE ACT,"] "KEYSTONE 20 OPPORTUNITY ZONE AND KEYSTONE OPPORTUNITY EXPANSION ZONE ACT," 21 OR AN AREA DESIGNATED AS AN ENTERPRISE ZONE BY THE DEPARTMENT OF 22 COMMUNITY AND ECONOMIC DEVELOPMENT. 23 (II) A MUNICIPALITY IN WHICH THE ISSUANCE OF A RESTAURANT OR 24 EATING PLACE RETAIL DISPENSER LICENSE HAS BEEN APPROVED BY THE 25 GOVERNING BODY OF THE MUNICIPALITY FOR THE PURPOSE OF LOCAL 26 ECONOMIC DEVELOPMENT. UPON REQUEST FOR APPROVAL OF AN ECONOMIC 27 DEVELOPMENT LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING 28 SHALL BE HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF 29 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS 30 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S 20010H1519B3090 - 17 -
1 INTENT TO ACQUIRE AN ECONOMIC DEVELOPMENT LICENSE FROM THE 2 PENNSYLVANIA LIQUOR CONTROL BOARD. THE GOVERNING BODY SHALL, 3 WITHIN FORTY-FIVE DAYS OF A REQUEST FOR APPROVAL, RENDER A 4 DECISION BY ORDINANCE OR RESOLUTION TO APPROVE OR DISAPPROVE THE 5 APPLICANT'S REQUEST FOR AN ECONOMIC DEVELOPMENT LICENSE. [THE 6 MUNICIPALITY MUST APPROVE THE REQUEST UNLESS IT FINDS THAT DOING 7 SO] IF THE MUNICIPALITY FINDS THAT THE ISSUANCE OF THE LICENSE 8 WOULD PROMOTE ECONOMIC DEVELOPMENT IT MAY APPROVE THE REQUEST; 9 HOWEVER, IT MUST REFUSE THE REQUEST IF IT FINDS THAT APPROVAL OF 10 THE REQUEST WOULD ADVERSELY AFFECT THE WELFARE, HEALTH, PEACE 11 AND MORALS OF THE MUNICIPALITY OR ITS RESIDENTS. A DECISION BY 12 THE GOVERNING BODY OF THE MUNICIPALITY TO DENY THE REQUEST MAY 13 BE APPEALED TO THE COURT OF COMMON PLEAS IN THE COUNTY IN WHICH 14 THE MUNICIPALITY IS LOCATED. A COPY OF THE APPROVAL MUST BE 15 SUBMITTED WITH THE LICENSE APPLICATION. 16 (3) THE BOARD MAY ISSUE NO MORE THAN TWO LICENSES TOTAL IN 17 EACH COUNTY OF THE FIRST THROUGH FOURTH CLASS AND NO MORE THAN 18 ONE LICENSE TOTAL IN EACH COUNTY OF THE FIFTH THROUGH EIGHTH 19 CLASS PER CALENDAR YEAR. 20 (4) AN APPLICANT UNDER THIS SUBSECTION SHALL BE REQUIRED TO 21 SELL FOOD AND NONALCOHOLIC BEVERAGES EQUAL TO SEVENTY PER CENTUM 22 (70%) OR MORE OF ITS COMBINED GROSS SALES OF FOOD AND ALCOHOLIC 23 BEVERAGES. 24 (5) IN ADDITION TO RENEWAL AND LICENSE FEES PROVIDED UNDER 25 EXISTING LAW FOR THE TYPE OF LICENSE ISSUED, AN APPLICANT SHALL 26 BE REQUIRED TO PAY AN INITIAL APPLICATION SURCHARGE AS FOLLOWS: 27 (I) FIFTY THOUSAND DOLLARS ($50,000) IF THE LICENSED 28 PREMISES IS LOCATED IN A COUNTY OF THE FIRST THROUGH FOURTH 29 CLASS. 30 (II) TWENTY-FIVE THOUSAND DOLLARS ($25,000) IF THE LICENSED 20010H1519B3090 - 18 -
1 PREMISES IS LOCATED IN A COUNTY OF THE FIFTH THROUGH EIGHTH 2 CLASS. 3 (III) THE INITIAL APPLICATION SURCHARGE MINUS A SEVEN 4 HUNDRED DOLLAR ($700) PROCESSING FEE SHALL BE REFUNDED TO THE 5 APPLICANT IF THE BOARD REFUSES TO ISSUE A PROVISIONAL LICENSE 6 UNDER SUBSECTION (B.2). OTHERWISE, THE INITIAL APPLICATION 7 SURCHARGE MINUS A SEVEN HUNDRED DOLLAR ($700) PROCESSING FEE 8 SHALL BE CREDITED TO THE STATE STORES FUND. THE PROCESSING FEE 9 SHALL BE TREATED AS AN APPLICATION FILING FEE AS PRESCRIBED IN 10 SECTION 614(A)(1)(I) OF THE ACT OF APRIL 9, 1929 (P.L.177, 11 NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929." 12 (6) A LICENSE ISSUED UNDER THIS SUBSECTION AND A PROVISIONAL 13 LICENSE ISSUED UNDER SUBSECTION (B.2) SHALL BE NONTRANSFERABLE 14 WITH REGARD TO OWNERSHIP OR LOCATION. 15 (7) AN APPEAL OF THE BOARD'S DECISION REFUSING TO GRANT OR 16 RENEW A LICENSE UNDER THIS SUBSECTION SHALL NOT ACT AS A 17 SUPERSEDEAS OF THE DECISION OF THE BOARD IF THE DECISION IS 18 BASED, IN WHOLE OR IN PART, ON THE LICENSEE'S FAILURE TO 19 DEMONSTRATE THAT ITS FOOD AND NONALCOHOLIC BEVERAGES WERE AT 20 LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS SALES OF 21 FOOD AND ALCOHOLIC BEVERAGES. 22 (8) A LICENSE ISSUED UNDER THIS SUBSECTION MAY NOT BE 23 VALIDATED OR RENEWED UNLESS THE LICENSEE CAN ESTABLISH THAT ITS 24 SALE OF FOOD AND NONALCOHOLIC BEVERAGES DURING THE LICENSE YEAR 25 IMMEDIATELY PRECEDING APPLICATION FOR VALIDATION OR RENEWAL IS 26 EQUAL TO SEVENTY PER CENTUM (70%) OR MORE OF ITS FOOD AND 27 ALCOHOLIC BEVERAGE SALES. 28 (B.2) QUALIFIED APPLICANTS UNDER SUBSECTION [(B)] (B.1) 29 SHALL RECEIVE A PROVISIONAL LICENSE FOR ONE HUNDRED TWENTY DAYS, 30 EXCLUSIVE OF PERIODS OF SAFEKEEPING. AFTER NINETY DAYS FROM THE 20010H1519B3090 - 19 -
1 DATE OF ISSUANCE, THE LICENSEE MAY FILE AN APPLICATION FOR A 2 PERMANENT LICENSE. A LICENSE SHALL BE ISSUED IF THE LICENSEE 3 ESTABLISHES THAT FOR NINETY CONSECUTIVE DAYS FROM THE DATE OF 4 INITIAL ISSUE ITS SALES OF FOOD AND NONALCOHOLIC BEVERAGES IS 5 EQUAL TO AT LEAST SEVENTY PER CENTUM (70%) OF ITS COMBINED GROSS 6 SALES OF FOOD AND ALCOHOLIC BEVERAGES. LICENSEES SHALL NOT BE 7 SUBJECT TO CITATION BY THE ENFORCEMENT BUREAU FOR A VIOLATION OF 8 THE REQUIREMENT THAT FOOD AND NONALCOHOLIC BEVERAGES EQUAL AT 9 LEAST SEVENTY PER CENTUM (70%) OF THE COMBINED GROSS SALES OF 10 FOOD AND ALCOHOLIC BEVERAGES DURING THE PROVISIONAL LICENSING 11 PERIOD. 12 (B.3) AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF 13 A LICENSE FOR ECONOMIC DEVELOPMENT UNDER SUBSECTION (B.1)(2)(I) 14 MUST FIRST BE APPROVED BY THE GOVERNING BODY OF THE RECEIVING 15 MUNICIPALITY WHEN THE TOTAL NUMBER OF EXISTING RESTAURANT LIQUOR 16 LICENSES AND EATING PLACE RETAIL DISPENSER LICENSES IN THE 17 RECEIVING MUNICIPALITY EXCEED ONE LICENSE PER THREE THOUSAND 18 INHABITANTS. UPON REQUEST FOR APPROVAL OF AN INTERMUNICIPAL 19 TRANSFER OF A LICENSE OR ISSUANCE OF AN ECONOMIC DEVELOPMENT 20 LICENSE BY AN APPLICANT, AT LEAST ONE PUBLIC HEARING SHALL BE 21 HELD BY THE MUNICIPAL GOVERNING BODY FOR THE PURPOSE OF 22 RECEIVING COMMENTS AND RECOMMENDATIONS OF INTERESTED INDIVIDUALS 23 RESIDING WITHIN THE MUNICIPALITY CONCERNING THE APPLICANT'S 24 INTENT TO TRANSFER A LICENSE INTO THE MUNICIPALITY OR ACQUIRE AN 25 ECONOMIC DEVELOPMENT LICENSE FROM THE PENNSYLVANIA LIQUOR 26 CONTROL BOARD. THE GOVERNING BODY SHALL, WITHIN FORTY-FIVE DAYS 27 OF A REQUEST FOR APPROVAL, RENDER A DECISION BY ORDINANCE OR 28 RESOLUTION TO APPROVE OR DISAPPROVE THE APPLICANT'S REQUEST FOR 29 AN INTERMUNICIPAL TRANSFER OF A LICENSE OR ISSUANCE OF AN 30 ECONOMIC DEVELOPMENT LICENSE. THE MUNICIPALITY MUST APPROVE THE 20010H1519B3090 - 20 -
1 REQUEST UNLESS IT FINDS THAT DOING SO WOULD ADVERSELY AFFECT THE 2 WELFARE, HEALTH, PEACE AND MORALS OF THE MUNICIPALITY OR ITS 3 RESIDENTS. A DECISION BY THE GOVERNING BODY OF THE MUNICIPALITY 4 TO DENY THE REQUEST MAY BE APPEALED TO THE COURT OF COMMON PLEAS 5 IN THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED. A COPY OF 6 THE APPROVAL MUST BE SUBMITTED WITH THE LICENSE APPLICATION. 7 * * * 8 (E.1) "PRIVATELY-OWNED PUBLIC GOLF COURSE" AS USED IN THIS 9 SECTION SHALL MEAN THE RESTAURANT FACILITIES AT ANY PRIVATELY- 10 OWNED GOLF COURSE OPEN FOR PUBLIC ACCOMMODATION. THE LICENSE MAY 11 BE ISSUED TO THE OPERATOR OF THE PRIVATELY-OWNED PUBLIC GOLF 12 COURSE. THE LICENSE HOLDER MAY DESIGNATE A CONCESSIONAIRE TO 13 PROVIDE FOOD, ALCOHOLIC BEVERAGE AND NON-ALCOHOLIC BEVERAGE 14 SERVICE AT THE RESTAURANT FACILITY. 15 * * * 16 SECTION 10. SECTION 463 OF THE ACT, AMENDED MAY 31, 1990 17 (P.L.224, NO.48) AND DECEMBER 20, 2000 (P.L.992, NO.141), IS 18 AMENDED TO READ: 19 [SECTION 463. PLACES OF AMUSEMENT NOT TO BE LICENSED; 20 PENALTY.--(A) NO LICENSE FOR THE SALE OF LIQUOR OR MALT OR 21 BREWED BEVERAGES IN ANY QUANTITY SHALL BE GRANTED TO THE 22 PROPRIETORS, LESSEES, KEEPERS OR MANAGERS OF ANY THEATER, 23 CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, NOR SHALL ANY HOUSE 24 BE LICENSED FOR THE SALE OF LIQUOR OR MALT OR BREWED BEVERAGES 25 WHICH HAS PASSAGE OR COMMUNICATION TO OR WITH ANY THEATER, 26 CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, AND ANY LICENSE 27 GRANTED CONTRARY TO THIS ACT SHALL BE NULL AND VOID. NOTHING 28 CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS DENYING TO THE 29 BOARD THE RIGHT TO GRANT A RESTAURANT LIQUOR LICENSE REGARDLESS 30 OF QUOTA RESTRICTIONS TO THE OWNER OR OPERATOR OF: 20010H1519B3090 - 21 -
1 (1) A RACETRACK AS DEFINED IN SECTION 102 OF THIS ACT; 2 (2) A NONPRIMARY PARI-MUTUEL WAGERING LOCATION AS DEFINED IN 3 SECTION 102 OF THIS ACT; OR 4 (3) A RESTAURANT IN A BUILDING ON A PLOT OF GROUND OWNED OR 5 POSSESSED UNDER LEASE BY A CORPORATION INCORPORATED UNDER THE 6 LAWS OF THIS COMMONWEALTH AND USED PRINCIPALLY BY SUCH 7 CORPORATION FOR HOLDING OUTDOOR SPORT EVENTS WHEREIN SUCH EVENTS 8 ARE HELD UNDER A LICENSE ISSUED AS PROVIDED BY LAW TO SUCH 9 CORPORATION BY A DEPARTMENT, BOARD OR COMMISSION OF THE 10 COMMONWEALTH OF PENNSYLVANIA. 11 THE RESTAURANT LIQUOR LICENSE AFOREMENTIONED SHALL BE SUBJECT TO 12 ALL THE CONDITIONS AND RESTRICTIONS HEREIN APPLICABLE TO 13 RESTAURANT LIQUOR LICENSES, EXCEPT THE ABOVE PROHIBITION AGAINST 14 ANY PASSAGEWAY OR COMMUNICATION BETWEEN SUCH LICENSED PREMISES 15 AND THE PLACE OF AMUSEMENT, AND EXCEPT THAT NOTHING CONTAINED IN 16 THIS ACT SHALL BE CONSTRUED TO PROHIBIT THE LICENSED NONPRIMARY 17 PARI-MUTUEL WAGERING LOCATION OR THE RACETRACK FROM PROVIDING 18 WAGERING WITHIN THE ENTIRE LICENSED PREMISES OF THE NONPRIMARY 19 PARI-MUTUEL WAGERING LOCATION OR THE RACETRACK, AND A RESTAURANT 20 LIQUOR LICENSE ISSUED FOR A NONPRIMARY PARI-MUTUEL WAGERING 21 LOCATION OR A RESTAURANT LIQUOR LICENSE ISSUED FOR A RACETRACK 22 ISSUED SUBSEQUENT TO THE ENACTMENT OF THIS AMENDMENT SHALL NOT 23 BE TRANSFERABLE. 24 NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED AS DENYING 25 TO THE BOARD THE RIGHT TO GRANT A NEW RESTAURANT LIQUOR LICENSE, 26 REGARDLESS OF QUOTA RESTRICTIONS, AT ANY TIME, TO THE OWNER OR 27 OPERATOR OF A RESTAURANT IN A BUILDING OR PLOT OF GROUND HAVING 28 A SEATING CAPACITY IN EXCESS OF TWENTY-FIVE THOUSAND, USED 29 PRINCIPALLY FOR HOLDING AUTOMOBILE RACES. 30 (A.1) NOTHING CONTAINED IN SUBSECTION (A) OF THIS SECTION OR 20010H1519B3090 - 22 -
1 IN SECTION 102 OF THIS ACT SHALL BE CONSTRUED AS DENYING TO THE 2 BOARD THE RIGHT TO GRANT A CLUB OR RESTAURANT LIQUOR OR MALT AND 3 BREWED BEVERAGE LICENSE TO A CLUB INCORPORATED IN THIS 4 COMMONWEALTH WHICH HAS BEEN IN EXISTENCE LESS THAN ONE YEAR 5 PRIOR TO MAKING APPLICATION UNDER THIS SECTION OR TO A 6 RESTAURANT EITHER OF WHICH HAS A CLUBHOUSE OR RESTAURANT LOCATED 7 IN A STADIUM OR ARENA HAVING AN AVAILABLE SEATING CAPACITY OF 8 TWELVE THOUSAND OR MORE AND OWNED AND OPERATED BY OR PURSUANT TO 9 AN AGREEMENT WITH ANY CITY OF THE FIRST CLASS OR CREATED AND 10 OPERATED UNDER AND IN COMPLIANCE WITH THE ACT OF JULY 29, 1953 11 (P.L.1034), KNOWN AS THE "PUBLIC AUDITORIUM AUTHORITIES LAW," 12 AND USED PRINCIPALLY FOR EVENTS AT WHICH ATHLETES COMPETE OR 13 OTHER TYPES OF PERFORMERS ENTERTAIN. THE CLUB OR RESTAURANT 14 LIQUOR OR MALT AND BREWED BEVERAGE LICENSE AFOREMENTIONED SHALL 15 BE SUBJECT TO ALL THE CONDITIONS AND RESTRICTIONS APPLICABLE TO 16 SUCH LICENSES AND LICENSES FOR PLACES OF AMUSEMENT, EXCEPT THE 17 ABOVE PROHIBITION AGAINST ANY PASSAGEWAY OR COMMUNICATION 18 BETWEEN SUCH LICENSED PREMISES AND THE PLACE OF AMUSEMENT. 19 (A.2) NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO 20 PREVENT THE HOLDER OF A HOTEL, RESTAURANT LIQUOR OR MALT AND 21 BREWED BEVERAGE LICENSE FROM SELLING LIQUOR AND MALT OR BREWED 22 BEVERAGES IN A BOWLING ALLEY, OR OTHER RECREATIONAL AREAS 23 INCLUDING, BUT NO LIMITED TO, GAME ROOMS AND VIDEO ARCADE AREAS 24 OF HOTELS, WHEN NO MINORS ARE PRESENT, UNLESS MINORS WHO ARE 25 PRESENT ARE UNDER PROPER SUPERVISION AS DEFINED IN SECTION 493, 26 WHERE THE RESTAURANT, BOWLING ALLEY, OR OTHER RECREATIONAL AREAS 27 INCLUDING, BUT NOT LIMITED TO, GAME ROOMS AND VIDEO ARCADE AREAS 28 OF HOTELS ARE IMMEDIATELY ADJACENT AND UNDER THE SAME ROOF. THE 29 RESTAURANT LIQUOR OR MALT AND BREWED BEVERAGE LICENSEE 30 AFOREMENTIONED SHALL BE SUBJECT TO ALL THE CONDITIONS AND 20010H1519B3090 - 23 -
1 RESTRICTIONS APPLICABLE TO SUCH RESTAURANT LICENSES EXCEPT THE 2 ABOVE PROHIBITION AGAINST ANY PASSAGEWAY OR COMMUNICATION 3 BETWEEN A LICENSED PREMISE AND A PLACE OF AMUSEMENT. 4 (A.3) NOTHING CONTAINED IN SUBSECTION (A) OR IN SECTION 102 5 SHALL BE CONSTRUED AS DENYING TO THE BOARD THE RIGHT TO GRANT A 6 NEW RETAIL DISPENSER LICENSE FOR ON-PREMISES SALES ONLY, 7 REGARDLESS OF QUOTA RESTRICTIONS, TO THE OWNER OR OPERATOR OF A 8 FACILITY HAVING A MINIMUM OF A ONE-HALF MILE ASPHALT TRACK AND 9 HAVING A PERMANENT SEATING CAPACITY OF AT LEAST SIX THOUSAND 10 USED PRINCIPALLY FOR HOLDING AUTOMOBILE RACES. 11 (B) ANY PROPRIETOR, LESSEE, KEEPER OR MANAGER OF ANY 12 THEATER, CIRCUS, MUSEUM OR OTHER PLACE OF AMUSEMENT, OR ANY 13 OTHER PERSON WHO SHALL VIOLATE THE PROVISIONS OF THIS SECTION, 14 SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, 15 SHALL BE SENTENCED TO PAY A FINE OF ONE HUNDRED DOLLARS AND TO 16 UNDERGO AN IMPRISONMENT OF NOT LESS THAN THIRTY DAYS. 17 (C) THIS SECTION IS NOT APPLICABLE TO PUBLIC VENUES OR 18 PERFORMING ARTS FACILITIES LICENSED UNDER SECTIONS 412 AND 413.] 19 SECTION 11. SECTION 468(A) OF THE ACT IS AMENDED BY ADDING A 20 CLAUSE TO READ: 21 SECTION 468. LICENSES NOT ASSIGNABLE; TRANSFERS.--(A) * * * 22 (4) IN THE EVENT THE LICENSE TO BE TRANSFERRED HAS BEEN 23 ORDERED TO SERVE A SUSPENSION UNDER SECTION 471, AND HAS NOT 24 SERVED THE SUSPENSION AT THE TIME THE BOARD CONSIDERS THE 25 APPLICATION AND ALL APPEALS REGARDING THE SUSPENSION HAVE BEEN 26 EXHAUSTED, THE BOARD MAY REQUIRE THE TRANSFEREE TO SERVE THE 27 SUSPENSION AS A CONDITION FOR APPROVAL OF THE TRANSFER. FURTHER, 28 THE BOARD MAY CONVERT THE OUTSTANDING SUSPENSION INTO A FINE AND 29 REQUIRE THE TRANSFEREE TO PAY THE FINE AS A CONDITION FOR 30 APPROVAL OF THE TRANSFER. IF THE BOARD CONVERTS THE OUTSTANDING 20010H1519B3090 - 24 -
1 SUSPENSION TO A FINE, THE FINE NEED NOT COMPLY WITH THE MINIMUM 2 AND MAXIMUM AMOUNTS SET FORTH IN SECTION 471 FOR THE UNDERLYING 3 CITATION. 4 * * * 5 SECTION 12. SECTION 471(B) AND (C) OF THE ACT, AMENDED 6 DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO READ: 7 SECTION 471. REVOCATION AND SUSPENSION OF LICENSES; FINES.-- 8 * * * 9 (B) HEARING ON SUCH CITATIONS SHALL BE HELD IN THE SAME 10 MANNER AS PROVIDED HEREIN FOR HEARINGS ON APPLICATIONS FOR 11 LICENSE. UPON SUCH HEARING, IF SATISFIED THAT ANY SUCH VIOLATION 12 HAS OCCURRED OR FOR OTHER SUFFICIENT CAUSE, THE ADMINISTRATIVE 13 LAW JUDGE SHALL IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR 14 IMPOSE A FINE OF NOT LESS THAN FIFTY DOLLARS ($50) NOR MORE THAN 15 ONE THOUSAND DOLLARS ($1,000), OR BOTH, NOTIFYING THE LICENSEE 16 BY REGISTERED LETTER ADDRESSED TO HIS LICENSED PREMISES. IF THE 17 LICENSEE HAS BEEN CITED AND FOUND TO HAVE VIOLATED SECTION 18 493(1) INSOFAR AS IT RELATES TO SALES TO MINORS OR SALES TO A 19 VISIBLY INTOXICATED PERSON, SECTION 493(10) INSOFAR AS IT 20 RELATES TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT OR SECTION 21 493(14), (16) OR (21), OR HAS BEEN FOUND TO BE A PUBLIC NUISANCE 22 PURSUANT TO SECTION 611, OR IF THE OWNER OR OPERATOR OF THE 23 LICENSED PREMISES OR ANY AUTHORIZED AGENT OF THE OWNER OR 24 OPERATOR HAS BEEN CONVICTED OF ANY VIOLATION OF THE ACT OF APRIL 25 14, 1972 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, 26 DRUG, DEVICE AND COSMETIC ACT," OR OF 18 PA.C.S. § 5902 27 (RELATING TO PROSTITUTION AND RELATED OFFENSES) OR 6301 28 (RELATING TO CORRUPTION OF MINORS), AT OR RELATING TO THE 29 LICENSED PREMISES, THE ADMINISTRATIVE LAW JUDGE SHALL 30 IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR IMPOSE A FINE OF 20010H1519B3090 - 25 -
1 NOT LESS THAN ONE THOUSAND DOLLARS ($1,000) NOR MORE THAN FIVE 2 THOUSAND DOLLARS ($5,000), OR BOTH. HOWEVER, IF A LICENSEE HAS 3 BEEN CITED AND FOUND TO HAVE VIOLATED SECTION 493(1) AS IT 4 RELATES TO SALES TO MINORS OR SALES TO A VISIBLY INTOXICATED 5 PERSON BUT AT THE TIME OF THE SALE THE LICENSEE WAS IN 6 COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SECTION 471.1 AND 7 THE LICENSEE HAD NOT SOLD TO MINORS OR VISIBLY INTOXICATED 8 PERSONS IN THE PREVIOUS FOUR YEARS, THEN THE ADMINISTRATIVE LAW 9 JUDGE SHALL IMMEDIATELY SUSPEND OR REVOKE THE LICENSE, OR IMPOSE 10 A FINE OF NOT LESS THAN FIFTY DOLLARS ($50) NOR MORE THAN ONE 11 THOUSAND DOLLARS ($1,000), OR BOTH. THE ADMINISTRATIVE LAW JUDGE 12 SHALL NOTIFY THE LICENSEE BY REGISTERED MAIL, ADDRESSED TO THE 13 LICENSED PREMISES, OF SUCH SUSPENSION, REVOCATION OR FINE. IN 14 THE EVENT THE FINE IS NOT PAID WITHIN TWENTY DAYS OF THE 15 ADJUDICATION, THE ADMINISTRATIVE LAW JUDGE SHALL SUSPEND OR 16 REVOKE THE LICENSE, NOTIFYING THE LICENSEE BY REGISTERED MAIL 17 ADDRESSED TO THE LICENSED PREMISES. SUSPENSIONS AND REVOCATIONS 18 SHALL NOT GO INTO EFFECT UNTIL THIRTY DAYS HAVE ELAPSED FROM THE 19 DATE OF THE ADJUDICATION DURING WHICH TIME THE LICENSEE MAY TAKE 20 AN APPEAL AS PROVIDED FOR IN THIS ACT. ANY LICENSEE WHOSE 21 LICENSE IS REVOKED SHALL BE INELIGIBLE TO HAVE A LICENSE UNDER 22 THIS ACT UNTIL THE EXPIRATION OF THREE YEARS FROM THE DATE SUCH 23 LICENSE WAS REVOKED. IN THE EVENT A LICENSE IS REVOKED, NO 24 LICENSE SHALL BE GRANTED FOR THE PREMISES OR TRANSFERRED TO THE 25 PREMISES IN WHICH THE SAID LICENSE WAS CONDUCTED FOR A PERIOD OF 26 AT LEAST ONE YEAR AFTER THE DATE OF THE REVOCATION OF THE 27 LICENSE CONDUCTED IN THE SAID PREMISES, EXCEPT IN CASES WHERE 28 THE LICENSEE OR A MEMBER OF HIS IMMEDIATE FAMILY IS NOT THE 29 OWNER OF THE PREMISES, IN WHICH CASE THE BOARD MAY, IN ITS 30 DISCRETION, ISSUE OR TRANSFER A LICENSE WITHIN THE SAID YEAR. IN 20010H1519B3090 - 26 -
1 THE EVENT THE BUREAU OR THE PERSON WHO WAS FINED OR WHOSE 2 LICENSE WAS SUSPENDED OR REVOKED SHALL FEEL AGGRIEVED BY THE 3 ADJUDICATION OF THE ADMINISTRATIVE LAW JUDGE, THERE SHALL BE A 4 RIGHT TO APPEAL TO THE BOARD. THE APPEAL SHALL BE BASED SOLELY 5 ON THE RECORD BEFORE THE ADMINISTRATIVE LAW JUDGE. [THE BOARD 6 SHALL AFFIRM THE DECISION OF THE ADMINISTRATIVE LAW JUDGE IF IT 7 IS BASED ON SUBSTANTIAL EVIDENCE; OTHERWISE, THE BOARD SHALL 8 REVERSE THE DECISION OF THE ADMINISTRATIVE LAW JUDGE.] THE BOARD 9 SHALL ONLY REVERSE THE DECISION OF THE ADMINISTRATIVE LAW JUDGE 10 IF THE ADMINISTRATIVE LAW JUDGE COMMITTED AN ERROR OF LAW, 11 ABUSED ITS DISCRETION OR IF ITS DECISION IS NOT BASED ON 12 SUBSTANTIAL EVIDENCE. IN THE EVENT THE BUREAU OR THE PERSON WHO 13 WAS FINED OR WHOSE LICENSE WAS SUSPENDED OR REVOKED SHALL FEEL 14 AGGRIEVED BY THE DECISION OF THE BOARD, THERE SHALL BE A RIGHT 15 TO APPEAL TO THE COURT OF COMMON PLEAS IN THE SAME MANNER AS 16 HEREIN PROVIDED FOR APPEALS FROM REFUSALS TO GRANT LICENSES. 17 EACH OF THE APPEALS SHALL ACT AS A SUPERSEDEAS UNLESS, UPON 18 SUFFICIENT CAUSE SHOWN, THE REVIEWING AUTHORITY SHALL DETERMINE 19 OTHERWISE; HOWEVER, IF THE LICENSEE HAS BEEN CITED AND FOUND TO 20 HAVE VIOLATED SECTION 493(1) INSOFAR AS IT RELATES TO SALES TO 21 MINORS OR SALES TO A VISIBLY INTOXICATED PERSON, SECTION 493(10) 22 INSOFAR AS IT RELATES TO LEWD, IMMORAL OR IMPROPER ENTERTAINMENT 23 OR SECTION 493(14), (16) OR (21), OR HAS BEEN FOUND TO BE A 24 PUBLIC NUISANCE PURSUANT TO SECTION 611, OR IF THE OWNER OR 25 OPERATOR OF THE LICENSED PREMISES OR ANY AUTHORIZED AGENT OF THE 26 OWNER OR OPERATOR HAS BEEN CONVICTED OF ANY VIOLATION OF "THE 27 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT," OR OF 18 28 PA.C.S. § 5902 OR 6301, AT OR RELATING TO THE LICENSED PREMISES, 29 ITS APPEAL SHALL NOT ACT AS A SUPERSEDEAS UNLESS THE REVIEWING 30 AUTHORITY DETERMINES OTHERWISE UPON SUFFICIENT CAUSE SHOWN. IN 20010H1519B3090 - 27 -
1 ANY HEARING ON AN APPLICATION FOR A SUPERSEDEAS UNDER THIS 2 SECTION, THE REVIEWING AUTHORITY MAY CONSIDER, IN ADDITION TO 3 OTHER RELEVANT EVIDENCE, DOCUMENTARY EVIDENCE, INCLUDING RECORDS 4 OF THE BUREAU, SHOWING THE PRIOR HISTORY OF CITATIONS, FINES, 5 SUSPENSIONS OR REVOCATIONS AGAINST THE LICENSEE; AND THE 6 REVIEWING AUTHORITY MAY ALSO CONSIDER, IN ADDITION TO OTHER 7 RELEVANT EVIDENCE, EVIDENCE OF ANY RECURRENCE OF THE UNLAWFUL 8 ACTIVITY OCCURRING BETWEEN THE DATE OF THE CITATION WHICH IS THE 9 SUBJECT OF THE APPEAL AND THE DATE OF THE HEARING. NO PENALTY 10 PROVIDED BY THIS SECTION SHALL BE IMPOSED FOR ANY VIOLATIONS 11 PROVIDED FOR IN THIS ACT UNLESS THE BUREAU NOTIFIES THE LICENSEE 12 OF ITS NATURE WITHIN THIRTY DAYS OF THE COMPLETION OF THE 13 INVESTIGATION. 14 (C) THE ADMINISTRATIVE LAW JUDGE MAY CONSIDER THE LICENSEE'S 15 PRIOR CITATION HISTORY WHEN IMPOSING A PENALTY. IF THE VIOLATION 16 IN QUESTION IS A THIRD OR SUBSEQUENT VIOLATION OF THIS ACT OR 17 TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO 18 CRIMES AND OFFENSES), OCCURRING WITHIN A PERIOD OF FOUR YEARS, 19 THE ADMINISTRATIVE LAW JUDGE SHALL IMPOSE A SUSPENSION OR 20 REVOCATION. 21 * * * 22 SECTION 13. SECTION 472(A) OF THE ACT, AMENDED DECEMBER 20, 23 2000 (P.L.992, NO.141), IS AMENDED AND THE SECTION IS AMENDED BY 24 ADDING SUBSECTIONS TO READ: 25 SECTION 472. LOCAL OPTION.--(A) IN ANY MUNICIPALITY OR ANY 26 PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS SPLIT SO THAT 27 EACH PART THEREOF IS SEPARATED BY ANOTHER MUNICIPALITY, AN 28 ELECTION MAY BE HELD, SUBJECT TO SUBSECTION (C), ON THE DATE OF 29 THE PRIMARY ELECTION IMMEDIATELY PRECEDING ANY MUNICIPAL 30 ELECTION, BUT NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE 20010H1519B3090 - 28 -
1 THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR
2 LICENSES TO HOTELS, RESTAURANTS, RESORT FACILITIES AND CLUBS,
3 NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF
4 THE ELECTORS WITH RESPECT TO THE GRANTING OF LIQUOR LICENSES TO
5 PUBLIC VENUES, TO PERFORMING ARTS FACILITIES, TO HOTELS LOCATED
6 ON PROPERTY OWNED BY AN ACCREDITED COLLEGE OR UNIVERSITY, TO
7 PRIVATELY-OWNED PRIVATE GOLF COURSES OR TO PRIVATELY-OWNED
8 PUBLIC GOLF COURSES, NOT OFTENER THAN ONCE IN FOUR YEARS, TO
9 DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING
10 OF LICENSES TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES,
11 NOT OFTENER THAN ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF
12 THE ELECTORS WITH RESPECT TO GRANTING OF LICENSES TO WHOLESALE
13 DISTRIBUTORS AND IMPORTING DISTRIBUTORS, NOT MORE THAN ONCE IN
14 TWO YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO
15 THE GRANTING OF CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER
16 LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS'
17 ORGANIZATIONS, NOT OFTENER THAN ONCE IN TWO YEARS TO DETERMINE
18 THE WILL OF THE ELECTORS WITH RESPECT TO THE GRANTING OF SPECIAL
19 OCCASION PERMITS TO QUALIFIED ORGANIZATIONS, OR NOT MORE THAN
20 ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
21 RESPECT TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE BY THE
22 BOARD OF PENNSYLVANIA LIQUOR STORES, WITHIN THE LIMITS OF SUCH
23 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, UNDER THE
24 PROVISIONS OF THIS ACT: PROVIDED, HOWEVER, WHERE AN ELECTION
25 SHALL HAVE BEEN HELD AT THE PRIMARY PRECEDING A MUNICIPAL
26 ELECTION IN ANY YEAR, ANOTHER ELECTION MAY BE HELD UNDER THE
27 PROVISIONS OF THIS ACT AT THE PRIMARY OCCURRING THE FOURTH YEAR
28 AFTER SUCH PRIOR ELECTION: AND PROVIDED FURTHER, THAT AN
29 ELECTION ON THE QUESTION OF ESTABLISHING AND OPERATING A STATE
30 LIQUOR STORE SHALL BE INITIATED ONLY IN THOSE MUNICIPALITIES, OR
20010H1519B3090 - 29 -
1 THAT PART OF A SPLIT MUNICIPALITY THAT SHALL HAVE VOTED AGAINST 2 THE GRANTING OF LIQUOR LICENSES; AND THAT AN ELECTION ON THE 3 QUESTION OF GRANTING WHOLESALE DISTRIBUTOR AND IMPORTING 4 DISTRIBUTOR LICENSES SHALL BE INITIATED ONLY IN THOSE 5 MUNICIPALITIES OR PARTS OF SPLIT MUNICIPALITIES THAT SHALL HAVE 6 AT A PREVIOUS ELECTION VOTED AGAINST THE GRANTING OF DISPENSER'S 7 LICENSES. WHENEVER ELECTORS EQUAL TO AT LEAST TWENTY-FIVE PER 8 CENTUM OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE 9 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY AT THE LAST 10 PRECEDING GENERAL ELECTION SHALL FILE A PETITION WITH THE COUNTY 11 BOARD OF ELECTIONS OF THE COUNTY FOR A REFERENDUM ON THE 12 QUESTION OF GRANTING ANY OF SAID CLASSES OF LICENSES OR THE 13 ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES, THE SAID COUNTY 14 BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE 15 BALLOTS OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT THE 16 PRIMARY IMMEDIATELY PRECEDING THE MUNICIPAL ELECTION. SEPARATE 17 PETITIONS MUST BE FILED FOR EACH QUESTION TO BE VOTED ON. SAID 18 PROCEEDINGS SHALL BE IN THE MANNER AND SUBJECT TO THE PROVISIONS 19 OF THE ELECTION LAWS WHICH RELATE TO THE SIGNING, FILING AND 20 ADJUDICATION OF NOMINATION PETITIONS, INSOFAR AS SUCH PROVISIONS 21 ARE APPLICABLE. 22 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 23 LICENSES, IT SHALL BE IN THE FOLLOWING FORM: 24 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES 25 FOR THE SALE OF LIQUOR IN.......................... YES 26 OF................................................? NO 27 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 28 LICENSES TO RESORT FACILITIES IN THOSE MUNICIPALITIES THAT DO 29 NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE IN THE 30 FOLLOWING FORM: 20010H1519B3090 - 30 -
1 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO RESORT 2 FACILITIES FOR THE SALE OF LIQUOR IN THE.......... YES 3 OF...............................................? NO 4 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT 5 LIQUOR LICENSES FOR USE AT PUBLIC VENUES IN THOSE MUNICIPALITIES 6 THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR, IT SHALL BE 7 IN THE FOLLOWING FORM: 8 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO PUBLIC 9 VENUES FOR THE SALE OF LIQUOR IN THE............. YES 10 OF..............................................? NO 11 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF RESTAURANT 12 LIQUOR LICENSES FOR USE AT PERFORMING ARTS FACILITIES IN THOSE 13 MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE RETAIL SALE OF 14 ALCOHOL, IT SHALL BE IN THE FOLLOWING FORM: 15 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO 16 PERFORMING ARTS FACILITIES FOR THE SALE OF LIQUOR 17 IN THE........................................... YES 18 OF..............................................? NO 19 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 20 LICENSES FOR HOTELS LOCATED ON PROPERTY OWNED BY AN ACCREDITED 21 COLLEGE OR UNIVERSITY IN THOSE MUNICIPALITIES THAT DO NOT 22 ALREADY ALLOW THE GRANTING OF LIQUOR LICENSES, IT SHALL BE IN 23 THE FOLLOWING FORM: 24 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES TO HOTELS ON 25 PROPERTY OWNED BY AN ACCREDITED COLLEGE OR UNIVERSITY 26 IN THE............................................ YES 27 OF...............................................? NO 28 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 29 LICENSES, FOR PRIVATELY-OWNED PRIVATE GOLF COURSES, IT SHALL BE 30 IN THE FOLLOWING FORM: 20010H1519B3090 - 31 -
1 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR 2 PRIVATELY-OWNED PRIVATE GOLF COURSES FOR THE SALE 3 OF LIQUOR IN.................BY.................. YES 4 OF..............................................? NO 5 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LIQUOR 6 LICENSES, FOR PRIVATELY-OWNED PUBLIC GOLF COURSES, IT SHALL BE 7 IN THE FOLLOWING FORM: 8 DO YOU FAVOR THE GRANTING OF LIQUOR LICENSES FOR 9 PRIVATELY-OWNED PUBLIC GOLF COURSES FOR THE SALE 10 OF LIQUOR IN.................BY.................. YES 11 OF..............................................? NO 12 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES 13 TO RETAIL DISPENSERS OF MALT AND BREWED BEVERAGES, IT SHALL BE 14 IN THE FOLLOWING FORM: 15 DO YOU FAVOR THE GRANTING OF MALT AND BREWED 16 BEVERAGE RETAIL DISPENSER LICENSES FOR 17 CONSUMPTION ON PREMISES WHERE SOLD IN THE........ YES 18 OF..............................................? NO 19 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF LICENSES 20 TO WHOLESALE DISTRIBUTORS OF MALT OR BREWED BEVERAGES AND 21 IMPORTING DISTRIBUTORS, IT SHALL BE IN THE FOLLOWING FORM: 22 DO YOU FAVOR THE GRANTING OF MALT AND BREWED 23 BEVERAGE WHOLESALE DISTRIBUTOR'S AND IMPORTING 24 DISTRIBUTOR'S LICENSES NOT FOR CONSUMPTION ON 25 PREMISES WHERE SOLD IN THE....................... YES 26 OF..............................................? NO 27 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB 28 LIQUOR LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS' 29 ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM: 30 DO YOU FAVOR THE GRANTING OF CLUB LIQUOR LICENSES 20010H1519B3090 - 32 -
1 TO INCORPORATED UNITS OF NATIONAL VETERANS' ORGANIZATIONS 2 IN THE........................................... YES 3 OF..............................................? NO 4 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF CLUB 5 RETAIL DISPENSER LICENSES TO INCORPORATED UNITS OF NATIONAL 6 VETERANS' ORGANIZATIONS, IT SHALL BE IN THE FOLLOWING FORM: 7 DO YOU FAVOR THE GRANTING OF CLUB RETAIL DISPENSER 8 LICENSES TO INCORPORATED UNITS OF NATIONAL VETERANS' 9 ORGANIZATIONS IN THE............................. YES 10 OF..............................................? NO 11 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL 12 OCCASION PERMITS ALLOWING THE SALE OF LIQUOR BY QUALIFIED 13 ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT ALREADY ALLOW THE 14 RETAIL SALE OF LIQUOR, IT SHALL BE IN THE FOLLOWING FORM: 15 DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS TO 16 ALLOW THE SALE OF LIQUOR BY QUALIFIED ORGANIZATIONS IN 17 THE............................................... YES 18 OF...............................................? NO 19 WHEN THE QUESTION IS IN RESPECT TO THE GRANTING OF SPECIAL 20 OCCASION PERMITS ALLOWING THE SALE OF MALT OR BREWED BEVERAGES 21 ONLY BY QUALIFIED ORGANIZATIONS IN MUNICIPALITIES THAT DO NOT 22 ALREADY ALLOW THE RETAIL SALE OF MALT OR BREWED BEVERAGES, IT 23 SHALL BE IN THE FOLLOWING FORM: 24 DO YOU FAVOR THE GRANTING OF SPECIAL OCCASION PERMITS TO 25 ALLOW THE SALE OF MALT OR BREWED BEVERAGES ONLY BY QUALIFIED 26 ORGANIZATIONS IN THE.............................. YES 27 OF...............................................? NO 28 WHEN THE QUESTION IS IN RESPECT TO THE ESTABLISHMENT, 29 OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR STORES IT SHALL 30 BE IN THE FOLLOWING FORM: 20010H1519B3090 - 33 -
1 DO YOU FAVOR THE ESTABLISHMENT, OPERATION
2 AND MAINTENANCE OF PENNSYLVANIA LIQUOR
3 STORES IN THE.................................... YES
4 OF..............................................? NO
5 IN CASE OF A TIE VOTE, THE STATUS QUO SHALL OBTAIN. IF A
6 MAJORITY OF THE VOTING ELECTORS ON ANY SUCH QUESTION VOTE "YES,"
7 THEN LIQUOR LICENSES SHALL BE GRANTED BY THE BOARD TO HOTELS,
8 RESTAURANTS, RESORT FACILITIES AND CLUBS, OR LIQUOR LICENSES
9 SHALL BE GRANTED BY THE BOARD TO PUBLIC VENUES, TO PERFORMING
10 ARTS FACILITIES, TO HOTELS LOCATED ON PROPERTY OWNED BY AN
11 ACCREDITED COLLEGE OR UNIVERSITY, TO PRIVATELY-OWNED PRIVATE
12 GOLF COURSES OR TO PRIVATELY-OWNED PUBLIC GOLF COURSES, OR MALT
13 AND BREWED BEVERAGE RETAIL DISPENSER LICENSES OR WHOLESALE
14 DISTRIBUTOR'S AND IMPORTING DISTRIBUTOR'S LICENSE FOR THE SALE
15 OF MALT OR BREWED BEVERAGES SHALL BE GRANTED BY THE BOARD, OR
16 CLUB LIQUOR LICENSES OR CLUB RETAIL DISPENSER LICENSES SHALL BE
17 GRANTED BY THE BOARD TO INCORPORATED UNITS OF NATIONAL VETERANS'
18 ORGANIZATIONS, OR SPECIAL OCCASION PERMITS MAY BE ISSUED TO
19 QUALIFIED ORGANIZATIONS, OR THE BOARD MAY ESTABLISH, OPERATE AND
20 MAINTAIN PENNSYLVANIA LIQUOR STORES, AS THE CASE MAY BE, IN SUCH
21 MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY, AS PROVIDED BY
22 THIS ACT; BUT IF A MAJORITY OF THE ELECTORS VOTING ON ANY SUCH
23 QUESTION VOTE "NO," THEN THE BOARD SHALL HAVE NO POWER TO GRANT
24 OR TO RENEW UPON THEIR EXPIRATION ANY LICENSES OF THE CLASS SO
25 VOTED UPON IN SUCH MUNICIPALITY OR PART OF A SPLIT MUNICIPALITY;
26 OR IF THE NEGATIVE VOTE IS ON THE QUESTION IN RESPECT TO THE
27 ESTABLISHMENT, OPERATION AND MAINTENANCE OF PENNSYLVANIA LIQUOR
28 STORES, THE BOARD SHALL NOT OPEN AND OPERATE A PENNSYLVANIA
29 LIQUOR STORE IN SUCH MUNICIPALITY OR PART OF A SPLIT
30 MUNICIPALITY, NOR CONTINUE TO OPERATE A THEN EXISTING
20010H1519B3090 - 34 -
1 PENNSYLVANIA LIQUOR STORE IN THE MUNICIPALITY OR PART OF A SPLIT 2 MUNICIPALITY FOR MORE THAN TWO YEARS THEREAFTER OR AFTER THE 3 EXPIRATION OF THE TERM OF THE LEASE ON THE PREMISES OCCUPIED BY 4 SUCH STORE, WHICHEVER PERIOD IS LESS, UNLESS AND UNTIL AT A 5 LATER ELECTION A MAJORITY OF THE VOTING ELECTORS VOTE "YES" ON 6 SUCH QUESTION. 7 * * * 8 (E) AN ELECTION MAY BE HELD ON THE QUESTION OF GRANTING 9 LIQUOR LICENSES TO RESORT FACILITIES IN MUNICIPALITIES THAT DO 10 NOT ALREADY ALLOW THE RETAIL SALE OF LIQUOR IN SECTION 472(A) AT 11 THE PRIMARY ELECTION IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF 12 THIS SUBSECTION, AND AT EACH SUBSEQUENT PRIMARY ELECTION, 13 NOTWITHSTANDING ANY REFERENDUM FREQUENCY RESTRICTION IN THIS ACT 14 TO THE CONTRARY. 15 (F) FOR PURPOSES OF THIS SECTION, "RESORT FACILITIES" SHALL 16 MEAN ANY HOTEL, RESTAURANT OR CLUB LOCATED ON PROPERTY OWNED BY 17 OR CONTIGUOUS TO A CONVENTION CENTER THAT OFFERS SKIING, GOLF, 18 HIKING AND HORSEBACK RIDING. THE CONVENTION CENTER ITSELF MUST 19 BE LOCATED ON PROPERTY AT LEAST TWO THOUSAND ACRES IN SIZE. THE 20 PROPERTY MAY BE LOCATED IN MORE THAN ONE MUNICIPALITY OR COUNTY. 21 SECTION 14. SECTION 472.1 OF THE ACT IS AMENDED TO READ: 22 SECTION 472.1. CLUBS.--(A) WHENEVER ANY CLUB IN EXISTENCE 23 AT LEAST FIVE YEARS PRIOR TO THE TIME OF APPLICATION FOR LICENSE 24 OWNS A CONTIGUOUS PLOT OF LAND IN MORE THAN TWO MUNICIPALITIES 25 IN ONE OR MORE BUT LESS THAN ALL OF WHICH THE GRANTING OF LIQUOR 26 LICENSES HAS NOT BEEN PROHIBITED AND AT LEAST ONE ACRE OF THE 27 PLOT OF LAND OWNED BY THE CLUB IS SITUATED IN EACH MUNICIPALITY 28 IN WHICH THE GRANTING OF LIQUOR LICENSES HAS NOT BEEN 29 PROHIBITED, THE CLUB MAY BE ISSUED A CLUB LIQUOR LICENSE OR A 30 CATERING LICENSE BY THE BOARD IF THE BOARD FINDS THAT THE 20010H1519B3090 - 35 -
1 LICENSE WILL NOT BE DETRIMENTAL TO ANY RESIDENTIAL NEIGHBORHOOD. 2 THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE ISSUANCE OF 3 CLUB LIQUOR LICENSES OR CATERING LICENSES WHICH MAY OTHERWISE BE 4 ISSUED UNDER THE PROVISIONS OF THIS ACT. 5 (B) ANY CLUB WHICH HOLDS A LIQUOR LICENSE OR A CATERING 6 LICENSE UNDER THIS SECTION ON THE EFFECTIVE DATE OF THIS 7 SUBSECTION MAY, FOR A PERIOD OF SIX (6) MONTHS FROM THE 8 EFFECTIVE DATE OF THIS SUBSECTION, EXCHANGE SUCH LICENSE FOR A 9 RESTAURANT LIQUOR LICENSE. THE RESTAURANT LIQUOR LICENSE SHALL 10 BE NONTRANSFERABLE AND SHALL BE ISSUED TO THE CLUB OR 11 CONCESSIONAIRE CHOSEN BY THE CLUB TO OPERATE THE RESTAURANT. 12 SECTION 15. SECTION 472.4 OF THE ACT, ADDED DECEMBER 7, 1990 13 (P.L.622, NO.160), IS AMENDED TO READ: 14 [SECTION 472.4. PRIVATELY-OWNED PUBLIC GOLF COURSES.--(A) 15 ANY PRIVATELY-OWNED PUBLIC GOLF COURSE LICENSEE MAY, UPON 16 APPLICATION TO AND THE APPROVAL OF THE BOARD, CONTRACT WITH A 17 CONCESSIONAIRE TO OPERATE A RESTAURANT OR PROVIDE FOOD SERVICE 18 AND, IN THE CASE OF A RESTAURANT LIQUOR LICENSEE, SELL LIQUOR 19 AND MALT AND BREWED BEVERAGES OR, IN THE CASE OF A MALT AND 20 BREWED BEVERAGE DISPENSER LICENSEE, SELL MALT AND BREWED 21 BEVERAGES PURSUANT TO THE PROVISIONS OF THIS ACT PERTAINING TO 22 SUCH LICENSEES. 23 (B) THE BOARD SHALL APPROVE THE APPLICATION OF ANY 24 PRIVATELY-OWNED PUBLIC GOLF COURSE LICENSEE TO CONTRACT WITH A 25 CONCESSIONAIRE PURSUANT TO SUBSECTION (A) UPON BEING SATISFIED 26 THAT THE CONCESSIONAIRE IS OF GOOD REPUTE AND FINANCIALLY 27 RESPONSIBLE.] 28 SECTION 16. SECTION 475 OF THE ACT IS AMENDED TO READ: 29 [SECTION 475. ESTABLISHMENTS PROXIMATE TO INTERSTATE 30 HIGHWAYS NOT TO BE LICENSED.--(A) NO LICENSE FOR THE SALE OF 20010H1519B3090 - 36 -
1 LIQUOR OR MALT OR BREWED BEVERAGES IN ANY QUANTITY SHALL BE 2 GRANTED TO THE PROPRIETOR, LESSEE, KEEPER OR MANAGER OF AN 3 ESTABLISHMENT THE BUILDING ENTRANCE TO WHICH IS LOCATED WITHIN 4 THREE HUNDRED FEET OF THE ENTRANCE OR EXIT OF AN INTERSTATE 5 LIMITED ACCESS HIGHWAY. 6 (B) THIS SECTION SHALL NOT APPLY TO EXISTING LICENSES, NOR 7 BE DEEMED TO AFFECT THE RIGHT OF AN EXISTING LICENSEE TO 8 REINSTATEMENT OR RENEWAL OF HIS LICENSE.] 9 SECTION 17. SECTION 477 OF THE ACT IS AMENDED BY ADDING A 10 SUBSECTION TO READ: 11 SECTION 477. APPLICANTS TO PROVIDE STATE TAX IDENTIFICATION 12 NUMBERS AND STATEMENT OF STATE TAX STATUS; WAIVER OF 13 CONFIDENTIALITY OF INFORMATION IN THE POSSESSION OF THE 14 DEPARTMENT OF REVENUE AND OTHER DEPARTMENTS; REVIEW OF STATE TAX 15 STATUS.--* * * 16 (G) THIS SECTION SHALL ALSO BE APPLICABLE TO ANY MANAGEMENT 17 COMPANY UTILIZED BY THE APPLICANT. 18 SECTION 18. ARTICLE IV OF THE ACT IS AMENDED BY ADDING A 19 SUBDIVISION TO READ: 20 (C.1) SHIPMENT OF WINE. 21 SECTION 488. SHIPMENT OF WINE INTO COMMONWEALTH.--(A) THE 22 SHIPMENT OF WINE FROM OUT-OF-STATE TO RESIDENTS OF THIS 23 COMMONWEALTH IS PROHIBITED, EXCEPT AS OTHERWISE PROVIDED FOR IN 24 THIS SECTION. 25 (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR LAW 26 TO THE CONTRARY, A PERSON LICENSED BY ANOTHER STATE AS A 27 PRODUCER, SUPPLIER, IMPORTER, WHOLESALER, DISTRIBUTOR OR 28 RETAILER OF WINE AND WHO OBTAINS A DIRECT WINE SHIPPER LICENSE 29 AS PROVIDED FOR IN THIS SECTION MAY SHIP UP TO NINE LITERS PER 30 MONTH OF ANY WINE ON THE INTERNET ORDER OF ANY RESIDENT OF THIS 20010H1519B3090 - 37 -
1 COMMONWEALTH WHO IS AT LEAST TWENTY-ONE YEARS OF AGE FOR SUCH 2 RESIDENT'S PERSONAL USE AND NOT FOR RESALE. 3 (C) AN OUT-OF-STATE WINE SHIPPER SHALL: 4 (1) NOT SHIP MORE THAN NINE LITERS PER MONTH ON THE INTERNET 5 ORDER OF ANY PERSON IN THIS COMMONWEALTH. 6 (2) NOT SHIP TO ANY ADDRESS IN A MUNICIPALITY THAT HAS 7 ADOPTED A LOCAL OPTION REFERENDUM UNDER SECTION 472. 8 (3) REPORT TO THE BOARD EACH YEAR THE TOTAL OF WINE SHIPPED 9 INTO THIS COMMONWEALTH IN THE PRECEDING CALENDAR YEAR. 10 (4) PERMIT THE BOARD OR THE SECRETARY OF REVENUE, OR THEIR 11 DESIGNATED REPRESENTATIVES, TO PERFORM AN AUDIT OF THE OUT-OF- 12 STATE WINE SHIPPER'S RECORDS UPON REQUEST. 13 (5) BE DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THE 14 BOARD, ANY OTHER STATE AGENCY AND THE COURTS OF THIS 15 COMMONWEALTH FOR PURPOSES OF ENFORCEMENT OF THIS SECTION AND ANY 16 RELATED LAWS, RULES OR REGULATIONS. 17 (D) A DIRECT SHIPPER MAY SHIP WINE ON THE INTERNET ORDER OF 18 A RESIDENT INTO THIS COMMONWEALTH PROVIDED THAT THE WINE IS 19 SHIPPED TO A PENNSYLVANIA LIQUOR STORE SELECTED BY THE RESIDENT 20 AND THE RESIDENT PAYS ALL TAXES DUE ON THE WINE AT THE TIME THE 21 WINE IS PICKED UP. 22 (E) A PERSON SHALL SIGN AN AFFIDAVIT PROVIDED BY THE 23 PENNSYLVANIA LIQUOR STORE WHERE THE WINE WAS DELIVERED TO 24 STATING THAT THE WINE WILL ONLY BE USED FOR THE PERSON'S 25 PERSONAL USE. ANY PERSON WHO RESELLS WINE OBTAINED UNDER THIS 26 SECTION COMMITS A MISDEMEANOR OF THE SECOND DEGREE. 27 (F) THE BOARD MAY PROMULGATE SUCH RULES AND REGULATIONS AS 28 ARE NECESSARY TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS 29 SECTION. 30 (G) THE TERM "WINE" AS USED IN THIS SECTION SHALL MEAN 20010H1519B3090 - 38 -
1 LIQUOR WHICH IS FERMENTED FROM GRAPES AND OTHER FRUITS, HAVING 2 ALCOHOLIC CONTENT OF TWENTY-FOUR PER CENTUM OR LESS. THE TERM 3 "WINE" SHALL NOT INCLUDE MALT OR BREWED BEVERAGES, NOR SHALL 4 WINE INCLUDE ANY PRODUCTS CONTAINING ALCOHOL DERIVED FROM MALT, 5 GRAIN, CEREAL, MOLASSES OR CACTUS. 6 SECTION 19. SECTION 491(2), (8) AND (11) OF THE ACT ARE 7 AMENDED TO READ: 8 SECTION 491. UNLAWFUL ACTS RELATIVE TO LIQUOR, ALCOHOL AND 9 LIQUOR LICENSEES.-- 10 IT SHALL BE UNLAWFUL-- 11 * * * 12 (2) POSSESSION OR TRANSPORTATION OF LIQUOR OR ALCOHOL. FOR 13 ANY PERSON, EXCEPT A MANUFACTURER OR THE BOARD OR THE HOLDER OF 14 A SACRAMENTAL WINE LICENSE OR OF AN IMPORTER'S LICENSE, TO 15 POSSESS OR TRANSPORT ANY LIQUOR OR ALCOHOL WITHIN THIS 16 COMMONWEALTH WHICH WAS NOT LAWFULLY ACQUIRED PRIOR TO JANUARY 17 FIRST, ONE THOUSAND NINE HUNDRED AND THIRTY-FOUR, OR HAS NOT 18 BEEN PURCHASED FROM A PENNSYLVANIA LIQUOR STORE OR A LICENSED 19 LIMITED WINERY IN PENNSYLVANIA, EXCEPT [MINIATURES TOTALLING 20 LESS THAN ONE GALLON PURCHASED BY A COLLECTOR OF THE SAME IN 21 ANOTHER STATE OR FOREIGN COUNTRY, OR] IN ACCORDANCE WITH SECTION 22 488 OR THE BOARD'S REGULATIONS. THE BURDEN SHALL BE UPON THE 23 PERSON POSSESSING OR TRANSPORTING SUCH LIQUOR OR ALCOHOL TO 24 PROVE THAT IT WAS SO ACQUIRED. BUT NOTHING HEREIN CONTAINED 25 SHALL PROHIBIT THE MANUFACTURE OR POSSESSION OF WINE BY ANY 26 PERSON IN HIS HOME FOR CONSUMPTION OF HIMSELF, HIS FAMILY AND 27 GUESTS AND NOT FOR SALE, NOT EXCEEDING, DURING ANY ONE CALENDAR 28 YEAR, TWO HUNDRED GALLONS, ANY OTHER LAW TO THE CONTRARY 29 NOTWITHSTANDING. SUCH WINE SHALL NOT BE MANUFACTURED, POSSESSED, 30 OFFERED FOR SALE OR SOLD ON ANY LICENSED PREMISES. 20010H1519B3090 - 39 -
1 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR 2 SHALL IT BE UNLAWFUL FOR ANY PERSON TO IMPORT INTO PENNSYLVANIA, 3 TRANSPORT OR HAVE IN HIS POSSESSION, AN AMOUNT OF LIQUOR NOT 4 EXCEEDING ONE GALLON IN VOLUME UPON WHICH A STATE TAX HAS NOT 5 BEEN PAID, IF IT CAN BE SHOWN TO THE SATISFACTION OF THE BOARD 6 THAT SUCH PERSON PURCHASED THE LIQUOR IN A FOREIGN COUNTRY OR 7 UNITED STATES TERRITORY AND WAS ALLOWED TO BRING IT INTO THE 8 UNITED STATES. NEITHER SHALL THE PROVISIONS CONTAINED HEREIN 9 PROHIBIT NOR MAKE IT UNLAWFUL FOR (I) ANY MEMBER OF THE ARMED 10 FORCES ON ACTIVE DUTY, OR (II) ANY RETIRED MEMBER OF THE ARMED 11 FORCES, OR (III) ANY TOTALLY DISABLED VETERAN, OR (IV) THE 12 SPOUSE OF ANY PERSON INCLUDED IN THE FOREGOING CLASSES OF 13 PERSONS TO IMPORT INTO PENNSYLVANIA, TRANSPORT OR HAVE IN HIS 14 POSSESSION AN AMOUNT OF LIQUOR NOT EXCEEDING ONE GALLON PER 15 MONTH IN VOLUME UPON WHICH THE STATE TAX HAS NOT BEEN PAID, SO 16 LONG AS SUCH LIQUOR HAS BEEN LAWFULLY PURCHASED FROM A PACKAGE 17 STORE ESTABLISHED AND MAINTAINED UNDER THE AUTHORITY OF THE 18 UNITED STATES AND IS IN CONTAINERS IDENTIFIED IN ACCORDANCE WITH 19 REGULATIONS ISSUED BY THE DEPARTMENT OF DEFENSE. SUCH LIQUOR 20 SHALL NOT BE POSSESSED, OFFERED FOR SALE OR SOLD ON ANY LICENSED 21 PREMISES. 22 NONE OF THE PROVISIONS HEREIN CONTAINED SHALL PROHIBIT NOR 23 SHALL IT BE UNLAWFUL FOR ANY CONSUL GENERAL, CONSUL OR OTHER 24 DIPLOMATIC OFFICER OF A FOREIGN GOVERNMENT TO IMPORT INTO 25 PENNSYLVANIA, TRANSPORT OR HAVE IN HIS POSSESSION LIQUOR UPON 26 WHICH A STATE TAX HAS NOT BEEN PAID, IF IT CAN BE SHOWN TO THE 27 SATISFACTION OF THE BOARD THAT SUCH PERSON ACQUIRED THE LIQUOR 28 IN A FOREIGN COUNTRY AND WAS ALLOWED TO BRING IT INTO THE UNITED 29 STATES. SUCH LIQUOR SHALL NOT BE POSSESSED, OFFERED FOR SALE OR 30 SOLD ON ANY LICENSED PREMISES. 20010H1519B3090 - 40 -
1 ANY PERSON VIOLATING THE PROVISIONS OF THIS CLAUSE FOR A
2 FIRST OFFENSE INVOLVING THE POSSESSION OR TRANSPORTATION IN
3 PENNSYLVANIA OF ANY LIQUOR IN A PACKAGE (BOTTLE OR OTHER
4 RECEPTACLE) OR WINE NOT PURCHASED FROM A PENNSYLVANIA LIQUOR
5 STORE OR FROM A LICENSED LIMITED WINERY IN PENNSYLVANIA, WITH
6 RESPECT TO WHICH SATISFACTORY PROOF IS PRODUCED THAT THE
7 REQUIRED FEDERAL TAX HAS BEEN PAID AND WHICH WAS PURCHASED,
8 PROCURED OR ACQUIRED LEGALLY OUTSIDE OF PENNSYLVANIA SHALL UPON
9 CONVICTION THEREOF IN A SUMMARY PROCEEDING BE SENTENCED TO PAY A
10 FINE OF TWENTY-FIVE DOLLARS ($25) FOR EACH SUCH PACKAGE, PLUS
11 COSTS OF PROSECUTION, OR UNDERGO IMPRISONMENT FOR A TERM NOT
12 EXCEEDING NINETY (90) DAYS. EACH FULL QUART OR MAJOR FRACTION
13 THEREOF SHALL BE CONSIDERED A SEPARATE PACKAGE (BOTTLE OR OTHER
14 RECEPTACLE) FOR THE PURPOSES OF THIS CLAUSE. SUCH PACKAGES OF
15 LIQUOR SHALL BE FORFEITED TO THE COMMONWEALTH IN THE MANNER
16 PRESCRIBED IN ARTICLE VI OF THIS ACT BUT THE VEHICLE, BOAT,
17 VESSEL, ANIMAL OR AIRCRAFT USED IN THE ILLEGAL TRANSPORTATION OF
18 SUCH PACKAGES SHALL NOT BE SUBJECT TO FORFEITURE: PROVIDED,
19 HOWEVER, THAT IF IT IS A SECOND OR SUBSEQUENT OFFENSE OR IF IT
20 IS ESTABLISHED THAT THE ILLEGAL POSSESSION OR TRANSPORTATION WAS
21 IN CONNECTION WITH A COMMERCIAL TRANSACTION, THEN THE OTHER
22 PROVISIONS OF THIS ACT PROVIDING FOR PROSECUTION AS A
23 MISDEMEANOR AND FOR THE FORFEITURE OF THE VEHICLE, BOAT, VESSEL,
24 ANIMAL OR AIRCRAFT SHALL APPLY.
25 * * *
26 (8) IMPORTATION AND SALES OF ALCOHOL. FOR ANY PERSON, TO
27 IMPORT ALCOHOL INTO THIS COMMONWEALTH, OR TO SELL ALCOHOL TO ANY
28 PERSON, EXCEPT IN ACCORDANCE WITH SECTION 488 AND THE
29 REGULATIONS OF THE BOARD.
30 * * *
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1 (11) IMPORTATION OF LIQUOR. FOR ANY PERSON, OTHER THAN THE 2 BOARD OR THE HOLDER OF A SACRAMENTAL WINE LICENSE [OR OF], AN 3 IMPORTER'S LICENSE OR A DIRECT SHIPPER'S LICENSE, TO IMPORT ANY 4 LIQUOR WHATSOEVER INTO THIS COMMONWEALTH, BUT THIS SECTION SHALL 5 NOT BE CONSTRUED TO PROHIBIT RAILROAD AND PULLMAN COMPANIES FROM 6 SELLING LIQUORS PURCHASED OUTSIDE THE COMMONWEALTH IN THEIR 7 DINING, CLUB AND BUFFET CARS WHICH ARE COVERED BY PUBLIC SERVICE 8 LIQUOR LICENSES AND WHICH ARE OPERATED IN THIS COMMONWEALTH. 9 * * * 10 SECTION 20. SECTION 493(3), (4), (9), (14) AND (26) OF THE 11 ACT, AMENDED DECEMBER 20, 2000 (P.L.992, NO.141), ARE AMENDED TO 12 READ: 13 SECTION 493. UNLAWFUL ACTS RELATIVE TO LIQUOR, MALT AND 14 BREWED BEVERAGES AND LICENSEES.--THE TERM "LICENSEE," WHEN USED 15 IN THIS SECTION, SHALL MEAN THOSE PERSONS LICENSED UNDER THE 16 PROVISIONS OF ARTICLE IV, UNLESS THE CONTEXT CLEARLY INDICATES 17 OTHERWISE. 18 IT SHALL BE UNLAWFUL-- 19 * * * 20 [(3) EXCHANGE OF LIQUOR OR MALT OR BREWED BEVERAGES FOR 21 MERCHANDISE, ETC. FOR ANY LICENSEE OR THE BOARD, OR ANY EMPLOYE, 22 SERVANT OR AGENT OF A LICENSEE OR OF THE BOARD, TO SELL, OFFER 23 TO SELL OR FURNISH ANY LIQUOR OR MALT OR BREWED BEVERAGES TO ANY 24 PERSON ON A PASS BOOK OR STORE ORDER, OR TO RECEIVE FROM ANY 25 PERSON ANY GOODS, WARES, MERCHANDISE OR OTHER ARTICLES IN 26 EXCHANGE FOR LIQUOR OR MALT OR BREWED BEVERAGES. 27 (4) PEDDLING LIQUOR OR MALT OR BREWED BEVERAGES. FOR ANY 28 PERSON, TO HAWK OR PEDDLE ANY LIQUOR OR MALT OR BREWED BEVERAGES 29 IN THIS COMMONWEALTH.] 30 * * * 20010H1519B3090 - 42 -
1 [(9) RETAIL LICENSEES FURNISHING FREE LUNCH, ETC. FOR ANY
2 RETAIL LIQUOR LICENSEE OR ANY RETAIL DISPENSER, HIS AGENTS,
3 SERVANTS OR EMPLOYES, TO FURNISH, GIVE OR SELL BELOW A FAIR COST
4 ANY LUNCH TO ANY CONSUMER, EXCEPT SUCH ARTICLES OF FOOD AS THE
5 BOARD MAY AUTHORIZE AND APPROVE.]
6 * * *
7 (14) PERMITTING UNDESIRABLE PERSONS OR MINORS TO FREQUENT
8 PREMISES. FOR ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE, OR
9 ANY RETAIL DISPENSER, HIS SERVANTS, AGENTS OR EMPLOYES, TO
10 PERMIT PERSONS OF ILL REPUTE, [KNOWN CRIMINALS,] PROSTITUTES OR
11 MINORS TO FREQUENT HIS LICENSED PREMISES OR ANY PREMISES
12 OPERATED IN CONNECTION THEREWITH, EXCEPT MINORS ACCOMPANIED BY
13 PARENTS, GUARDIANS, OR UNDER PROPER SUPERVISION OR EXCEPT MINORS
14 WHO FREQUENT ANY RESTAURANT OR RETAIL DISPENSING LICENSEE WHOSE
15 SALES OF FOOD AND NON-ALCOHOLIC BEVERAGES ARE EQUAL TO [SEVENTY]
16 SIXTY PER CENTUM OR MORE OF THE COMBINED GROSS SALES OF BOTH
17 FOOD AND ALCOHOLIC BEVERAGES ON THE CONDITION THAT ALCOHOLIC
18 BEVERAGES MAY NOT BE SERVED AT THE TABLE OR BOOTH AT WHICH THE
19 SAID MINOR IS SEATED AT THE TIME (UNLESS SAID MINOR IS UNDER
20 PROPER SUPERVISION AS HEREINAFTER DEFINED) AND ON THE FURTHER
21 CONDITION THAT ONLY TABLE SERVICE OF ALCOHOLIC BEVERAGES OR
22 TAKE-OUT SERVICE OF BEER SHALL BE PERMITTED IN THE ROOM WHEREIN
23 THE MINOR IS LOCATED: PROVIDED, HOWEVER, THAT IT SHALL NOT BE
24 UNLAWFUL FOR ANY HOTEL, RESTAURANT OR CLUB LIQUOR LICENSEE OR
25 ANY RETAIL DISPENSER TO PERMIT MINORS UNDER PROPER SUPERVISION
26 UPON THE LICENSED PREMISES OR ANY PREMISES OPERATED IN
27 CONNECTION THEREWITH FOR THE PURPOSE OF A SOCIAL GATHERING, EVEN
28 IF SUCH GATHERING IS EXCLUSIVELY FOR MINORS: AND PROVIDED
29 FURTHER, THAT NO LIQUOR SHALL BE SOLD, FURNISHED OR GIVEN TO
30 SUCH MINORS NOR SHALL THE LICENSEE KNOWINGLY PERMIT ANY LIQUOR
20010H1519B3090 - 43 -
1 OR MALT OR BREWED BEVERAGES TO BE SOLD, FURNISHED OR GIVEN TO OR 2 BE CONSUMED BY ANY MINOR, AND THE AREA OF SUCH GATHERING SHALL 3 BE SEGREGATED FROM THE REMAINDER OF THE LICENSED PREMISES. IN 4 THE EVENT THE AREA OF SUCH GATHERING CANNOT BE SEGREGATED FROM 5 THE REMAINDER OF THE LICENSED PREMISES, ALL ALCOHOLIC BEVERAGES 6 MUST BE EITHER REMOVED FROM THE LICENSED PREMISES OR PLACED 7 UNDER LOCK AND KEY DURING THE TIME THE GATHERING IS TAKING 8 PLACE. [NOTICE OF SUCH GATHERING SHALL BE GIVEN THE BOARD AS IT 9 MAY, BY REGULATION, REQUIRE.] WRITTEN NOTICE, AT LEAST FORTY- 10 EIGHT (48) HOURS IN ADVANCE OF SUCH GATHERING, SHALL BE GIVEN TO 11 THE ENFORCEMENT BUREAU. ANY LICENSEE VIOLATING THE PROVISIONS OF 12 THIS CLAUSE SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 471. 13 NOTHING IN THIS CLAUSE SHALL BE CONSTRUED TO MAKE IT UNLAWFUL 14 FOR MINORS TO FREQUENT PUBLIC VENUES OR PERFORMING ARTS 15 FACILITIES. 16 "PROPER SUPERVISION," AS USED IN THIS CLAUSE, MEANS THE 17 PRESENCE, ON THAT PORTION OF THE LICENSED PREMISES WHERE A MINOR 18 OR MINORS ARE PRESENT, OF ONE PERSON TWENTY-FIVE YEARS OF AGE OR 19 OLDER FOR EVERY FIFTY MINORS OR PART THEREOF WHO IS DIRECTLY 20 RESPONSIBLE FOR THE CARE AND CONDUCT OF SUCH MINOR OR MINORS 21 WHILE ON THE LICENSED PREMISES AND IN SUCH PROXIMITY THAT THE 22 MINOR OR MINORS ARE CONSTANTLY WITHIN HIS SIGHT OR HEARING. THE 23 PRESENCE OF THE LICENSEE OR ANY EMPLOYE OR SECURITY OFFICER OF 24 THE LICENSEE SHALL NOT CONSTITUTE PROPER SUPERVISION. 25 * * * 26 (26) WORTHLESS CHECKS. FOR ANY RETAIL LIQUOR LICENSEE OR ANY 27 RETAIL DISPENSER, DISTRIBUTOR OR IMPORTING DISTRIBUTOR, TO MAKE, 28 DRAW, UTTER, ISSUE OR DELIVER, OR CAUSE TO BE MADE, DRAWN, 29 UTTERED, ISSUED OR DELIVERED, ANY CHECK, DRAFT OR SIMILAR ORDER, 30 FOR THE PAYMENT OF MONEY IN PAYMENT FOR ANY PURCHASE OF MALT OR 20010H1519B3090 - 44 -
1 BREWED BEVERAGES, WHEN SUCH RETAIL LIQUOR LICENSEE, RETAIL 2 DISPENSER, DISTRIBUTOR OR IMPORTING DISTRIBUTOR, HAS NOT 3 SUFFICIENT FUNDS IN, OR CREDIT WITH, SUCH BANK, BANKING 4 INSTITUTION, TRUST COMPANY OR OTHER DEPOSITORY, FOR THE PAYMENT 5 OF SUCH CHECK. ANY PERSON WHO IS A LICENSEE UNDER THE PROVISIONS 6 OF THIS ARTICLE, WHO SHALL RECEIVE IN PAYMENT FOR MALT OR BREWED 7 BEVERAGES SOLD BY HIM ANY CHECK, DRAFT OR SIMILAR ORDER FOR THE 8 PAYMENT OF MONEY, WHICH IS SUBSEQUENTLY DISHONORED BY THE BANK, 9 BANKING INSTITUTION, TRUST COMPANY OR OTHER DEPOSITORY, UPON 10 WHICH DRAWN, FOR ANY REASON WHATSOEVER, SHALL, WITHIN FIVE DAYS 11 OF RECEIPT OF NOTICE OF SUCH DISHONOR, NOTIFY BY CERTIFIED MAIL 12 THE PERSON WHO PRESENTED THE SAID WORTHLESS CHECK, DRAFT OR 13 SIMILAR ORDER. THIS CLAUSE SHALL NOT BE DEEMED TO HAVE BEEN 14 VIOLATED IF THE CHECK, DRAFT OR SIMILAR ORDER IS HONORED WITHIN 15 TWENTY DAYS OF THE DATE ON WHICH IT WAS MADE, DRAWN, ISSUED OR 16 PRESENTED. 17 SECTION 21. SECTION 495(A), (E) AND (F) OF THE ACT, AMENDED 18 OR ADDED DECEMBER 21, 1988 (P.L.1879, NO.183) AND DECEMBER 20, 19 1996 (P.L.1523, NO.199), ARE AMENDED TO READ: 20 SECTION 495. IDENTIFICATION CARDS; LICENSEES AND STATE 21 LIQUOR STORE EMPLOYES SAVED FROM PROSECUTION.--(A) THE VALID 22 PHOTO DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THE 23 DEPARTMENT OF TRANSPORTATION OR BY ANY OTHER STATE, [AN] A VALID 24 ARMED FORCES OF THE UNITED STATES IDENTIFICATION CARD, A VALID 25 PASSPORT OR A TRAVEL VISA ISSUED BY THE UNITED STATES OR A 26 FOREIGN COUNTRY THAT CONTAINS THE HOLDER'S PHOTOGRAPH SHALL, FOR 27 THE PURPOSE OF THIS ACT, BE ACCEPTED AS AN IDENTIFICATION CARD. 28 * * * 29 [(E) ANY SUCH SIGNED FORM IN THE POSSESSION OF A LICENSEE OR 30 AN EMPLOYE OF A STATE LIQUOR STORE MAY BE OFFERED AS A DEFENSE 20010H1519B3090 - 45 -
1 IN ALL CIVIL AND CRIMINAL PROSECUTIONS FOR SERVING A MINOR, AND 2 NO PENALTY SHALL BE IMPOSED IF THE ADMINISTRATIVE LAW JUDGE OR 3 THE COURTS ARE SATISFIED THAT THE LICENSEE OR STATE LIQUOR STORE 4 EMPLOYE ACTED IN GOOD FAITH. 5 (F) A PHOTOGRAPH OR PHOTOCOPY OR OTHER VISUAL OR VIDEO 6 PRESENTATION OF THE IDENTIFICATION CARD SET FORTH IN SUBSECTION 7 (A) IN THE POSSESSION OF A LICENSEE OR AN EMPLOYE OF A STATE 8 LIQUOR STORE MAY BE OFFERED AS A DEFENSE IN ALL CIVIL AND 9 CRIMINAL PROSECUTIONS FOR SERVING A MINOR, AND NO PENALTY SHALL 10 BE IMPOSED IF THE ADMINISTRATIVE LAW JUDGE OR THE COURTS ARE 11 SATISFIED THAT THE LICENSEE OR STATE LIQUOR STORE EMPLOYE ACTED 12 IN GOOD FAITH.] 13 (E) NO PENALTY SHALL BE IMPOSED ON A LICENSEE, LICENSEE'S 14 EMPLOYE OR STATE LIQUOR STORE EMPLOYE FOR SERVING ALCOHOL TO A 15 MINOR IF THE LICENSEE OR EMPLOYE CAN ESTABLISH THAT THE MINOR 16 WAS REQUIRED TO PRODUCE AN IDENTIFICATION CARD AS SET FORTH IN 17 SUBSECTION (A), THE MINOR COMPLETED AND SIGNED THE FORM AS SET 18 FORTH IN SUBSECTION (C), AND THESE DOCUMENTS WERE RELIED UPON IN 19 GOOD FAITH. THIS DEFENSE SHALL APPLY TO ALL CIVIL AND CRIMINAL 20 PROSECUTIONS. 21 (F) IN ADDITION TO THE DEFENSE SET FORTH IN SUBSECTION (E), 22 NO PENALTY SHALL BE IMPOSED ON A LICENSEE, LICENSEE'S EMPLOYE OR 23 STATE LIQUOR STORE EMPLOYE FOR SERVING ALCOHOL TO A MINOR IF THE 24 LICENSEE OR EMPLOYE CAN ESTABLISH THAT THE MINOR WAS REQUIRED TO 25 PRODUCE AN IDENTIFICATION CARD AS SET FORTH IN SUBSECTION (A), A 26 PHOTOGRAPH, PHOTOCOPY OR OTHER VISUAL OR VIDEO PRESENTATION OF 27 THE IDENTIFICATION CARD WAS MADE AND THOSE DOCUMENTS WERE RELIED 28 UPON IN GOOD FAITH. THIS DEFENSE SHALL APPLY TO ALL CIVIL AND 29 CRIMINAL PROSECUTIONS. 30 SECTION 22. SECTION 496 OF THE ACT IS AMENDED TO READ: 20010H1519B3090 - 46 -
1 SECTION 496. REPORTING OF WORTHLESS CHECKS.--ANY PERSON WHO 2 IS A LICENSEE UNDER THE PROVISIONS OF THIS ARTICLE, WHO SHALL 3 RECEIVE IN PAYMENT FOR MALT OR BREWED BEVERAGES SOLD BY HIM ANY 4 CHECK, DRAFT OR SIMILAR ORDER, FOR THE PAYMENT OF MONEY, WHICH 5 IS SUBSEQUENTLY DISHONORED BY THE BANK, BANKING INSTITUTION, 6 TRUST COMPANY OR OTHER DEPOSITORY, UPON WHICH DRAWN, FOR ANY 7 REASON WHATSOEVER, AND WHICH VIOLATES THE PROVISIONS OF SECTION 8 493(26) SHALL, WITHIN [TWENTY DAYS OF RECEIPT OF NOTICE OF SUCH 9 DISHONOR] THIRTY DAYS OF THE DATE ON WHICH THE CHECK, DRAFT OR 10 SIMILAR ORDER WAS MADE, DRAWN, ISSUED OR PRESENTED, NOTIFY THE 11 BOARD THEREOF. SUCH NOTIFICATION TO THE BOARD SHALL BE IN SUCH 12 MANNER AND FORM AS THE BOARD SHALL DIRECT. 13 SECTION 23. SECTION 498 OF THE ACT, AMENDED DECEMBER 20, 14 1996 (P.L.1523, NO.199), IS AMENDED TO READ: 15 SECTION 498. UNLAWFUL ADVERTISING.--(A) MANUFACTURERS, 16 WHOLESALERS, RETAILERS AND SHIPPERS, WHETHER FROM OUTSIDE OR 17 INSIDE THIS COMMONWEALTH, AND ANY LICENSEE UNDER THIS ACT ARE 18 PERMITTED TO ADVERTISE THEIR PRODUCTS AND PRICES IN THIS 19 COMMONWEALTH. ALL ADVERTISEMENTS SHALL BE SUBJECT TO ALL FEDERAL 20 AND STATE LAWS AND REGULATIONS. 21 (B) NO ADVERTISEMENT OF PRICE MAY CONTAIN THE FOLLOWING: 22 (1) ANY STATEMENT THAT IS FALSE, DECEPTIVE OR MISLEADING. 23 (2) ANY STATEMENT THAT IS DISPARAGING OF THE PRODUCTS OF A 24 COMPETITOR. 25 (3) ANY STATEMENT REFERRING TO MONETARY COMPARISON BETWEEN 26 BRANDS. 27 (C) PRICES THAT ARE ADVERTISED OR DISPLAYED ON THE LICENSED 28 PREMISES SHALL BE THOSE THAT ARE IN EFFECT AT THE TIME OF THE 29 ADVERTISEMENT OR DISPLAY. 30 [(D) NO PRICES, OTHER THAN THE POSTING OF A PRINTED MENU OR 20010H1519B3090 - 47 -
1 WINE LIST AS EXPRESSLY PROVIDED FOR IN SECTION 493(20)(I), MAY 2 BE DISPLAYED IN A WINDOW OF ANY LICENSED ESTABLISHMENT.] 3 (E) THE FOLLOWING SHALL APPLY TO ALL ALCOHOLIC BEVERAGE AND 4 MALT BEVERAGE ADVERTISING: 5 (1) THE ENTITY RESPONSIBLE FOR THE ADVERTISEMENT SHALL BE 6 CLEARLY IDENTIFIED IN THE ADVERTISEMENT. 7 (2) NO LICENSEE MAY DISTRIBUTE, BY MAIL, PERSONALLY OR 8 THROUGH SERVANTS, AGENTS OR EMPLOYEES, PRICE LISTS, CIRCULARS OR 9 HANDBILLS OFF THE LICENSED PREMISES TO THE GENERAL PUBLIC AS A 10 MEANS OF ADVERTISING LIQUOR, WINE OR MALT OR BREWED BEVERAGES. 11 (3) NO PRINT ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF ANY 12 TYPE SHALL BE PERMITTED WITHIN THREE HUNDRED FEET OF ANY CHURCH, 13 SCHOOL OR PUBLIC PLAYGROUND. THIS PROHIBITION SHALL NOT PRECLUDE 14 ANY POINT OF SALE ADVERTISEMENT, MENUS OR OTHER PRINT 15 ADVERTISEMENT REGARDING ALCOHOLIC BEVERAGES INSIDE THE LICENSED 16 PREMISES. 17 (4) THE USE IN ANY ADVERTISEMENT OF ALCOHOLIC BEVERAGES OF 18 ANY SUBJECT MATTER, LANGUAGE OR SLOGAN DIRECTED TO MINORS TO 19 PROMOTE CONSUMPTION OF ALCOHOLIC BEVERAGES IS PROHIBITED. 20 NOTHING IN THIS SECTION SHALL BE DEEMED TO RESTRICT OR PROHIBIT 21 ANY ADVERTISEMENT OF ALCOHOLIC BEVERAGES TO THOSE PERSONS OF 22 LEGAL DRINKING AGE. 23 (5) NO ADVERTISEMENT SHALL BE PERMITTED, EITHER DIRECTLY OR 24 INDIRECTLY, IN ANY BOOKLET, PROGRAM BOOK, YEARBOOK, MAGAZINE, 25 NEWSPAPER, PERIODICAL, BROCHURE, CIRCULAR OR OTHER SIMILAR 26 PUBLICATION PUBLISHED BY, FOR OR IN BEHALF OF ANY EDUCATIONAL 27 INSTITUTION. 28 (6) NO ADVERTISEMENT THAT IS OBSCENE SHALL BE PERMITTED. 29 (F) ADVERTISEMENT OF ALCOHOLIC BEVERAGES AND MALT AND BREWED 30 BEVERAGES SHALL NOT BE INCONSISTENT WITH THE SPIRIT OF SAFETY OR 20010H1519B3090 - 48 -
1 SAFE DRIVING PROGRAMS. 2 (G) FOR PURPOSES OF THIS SUBSECTION, THE TERM 3 "ADVERTISEMENT" SHALL MEAN ANY ADVERTISING OF ALCOHOLIC 4 BEVERAGES THROUGH THE MEDIUM OF RADIO BROADCAST, TELEVISION 5 BROADCAST, NEWSPAPERS, PERIODICALS OR OTHER PUBLICATION, OUTDOOR 6 ADVERTISEMENT OR ANY OTHER PRINTED OR GRAPHIC MATTER, INCLUDING 7 BOOKLETS, FLYERS OR CARDS, OR ON THE PRODUCT LABEL OR ATTACHMENT 8 ITSELF. 9 SECTION 24. SECTION 499 OF THE ACT IS AMENDED BY ADDING 10 SUBSECTIONS TO READ: 11 SECTION 499. PREMISES TO BE VACATED BY PATRONS.--* * * 12 (D) THIS SECTION SHALL NOT APPLY TO HOLDERS OF PUBLIC 13 SERVICE LICENSES. 14 (E) NOTHING IN THIS SECTION SHALL PROHIBIT RESTAURANT 15 LIQUOR, EATING PLACE RETAIL DISPENSER OR HOTEL LICENSES FROM 16 BEING OPEN 7:00 ANTE MERIDIAN ON SUNDAY UNTIL 2:00 ANTE MERIDIAN 17 MONDAY FOR THE PURPOSE OF SERVING FOOD AND NON-ALCOHOLIC 18 BEVERAGES. 19 Section 3 25. This act shall take effect in 60 days. <-- D17L47BIL/20010H1519B3090 - 49 -