PRIOR PRINTER'S NO. 2523 PRINTER'S NO. 3058
No. 1946 Session of 1989
INTRODUCED BY SALOOM, MOWERY, J. L. WRIGHT, CAPPABIANCA,
STABACK, HOWLETT, MICOZZIE, CIVERA, CORRIGAN AND ACOSTA,
OCTOBER 4, 1989
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 1990
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 the quota on the issuance of
18 distributors licenses AND RETAIL LICENSES. <--
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 437(f) SECTIONS 437(F) AND 461(A) of the <--
22 act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
23 reenacted and amended June 29, 1987 (P.L.32, No.14), is ARE <--
24 amended to read:
25 Section 437. Prohibitions Against the Grant of Licenses.--*
1 * *
2 (f) No new distributor's or importing distributor's license
3 shall hereafter be granted by the board in any county of the
4 Commonwealth where the combined number of distributor and
5 importing distributor licenses exceeds one license for each
6 [fifteen] thirty thousand inhabitants of the county in which the
7 license is to be issued: Provided, That a combined total of five
8 such licenses may be granted in any county of the Commonwealth.
9 Nothing in this subsection shall be construed as denying the
10 right of the board to renew or to transfer existing
11 distributors' or importing distributors' licenses or to exchange
12 a distributor's license for an importing distributor's license
13 or to exchange an importing distributor's license for a
14 distributor's license, upon adjustment of the applicable fee,
15 notwithstanding that the number of such licensed places in the
16 county shall exceed the limitation hereinbefore prescribed:
17 Provided, That no distributor's license or importing
18 distributor's license shall be transferred from one county to
19 another county so long as the quota is filled in the county to
20 which the license is proposed to be transferred.
21 SECTION 461. LIMITING NUMBER OF RETAIL LICENSES TO BE ISSUED <--
22 IN EACH MUNICIPALITY.--(A) NO LICENSES SHALL HEREAFTER BE
23 GRANTED BY THE BOARD FOR THE RETAIL SALE OF MALT OR BREWED
24 BEVERAGES OR THE RETAIL SALE OF LIQUOR AND MALT OR BREWED
25 BEVERAGES IN EXCESS OF ONE OF SUCH LICENSES OF ANY CLASS FOR
26 EACH [TWO THOUSAND] THREE THOUSAND INHABITANTS IN ANY
27 MUNICIPALITY, EXCLUSIVE OF LICENSES GRANTED TO AIRPORT
28 RESTAURANTS, MUNICIPAL GOLF COURSES, HOTELS, PRIVATELY-OWNED
29 PUBLIC GOLF COURSES, AS DEFINED IN THIS SECTION, AND CLUBS; BUT
30 AT LEAST ONE SUCH LICENSE MAY BE GRANTED IN EACH MUNICIPALITY
19890H1946B3058 - 2 -
1 AND IN EACH PART OF A MUNICIPALITY WHERE SUCH MUNICIPALITY IS
2 SPLIT SO THAT EACH PART THEREOF IS SEPARATED BY ANOTHER
3 MUNICIPALITY, EXCEPT IN MUNICIPALITIES WHERE THE ELECTORS HAVE
4 VOTED AGAINST THE GRANTING OF ANY RETAIL LICENSES AND EXCEPT IN
5 THAT PART OF A SPLIT MUNICIPALITY WHERE THE ELECTORS HAVE VOTED
6 AGAINST THE GRANTING OF ANY RETAIL LICENSES. NOTHING CONTAINED
7 IN THIS SECTION SHALL BE CONSTRUED AS DENYING THE RIGHT TO THE
8 BOARD TO RENEW OR TO TRANSFER EXISTING RETAIL LICENSES OF ANY
9 CLASS NOTWITHSTANDING THAT THE NUMBER OF SUCH LICENSED PLACES IN
10 A MUNICIPALITY SHALL EXCEED THE LIMITATION HEREINBEFORE
11 PRESCRIBED; BUT WHERE SUCH NUMBER EXCEEDS THE LIMITATION
12 PRESCRIBED BY THIS SECTION, NO NEW LICENSE, EXCEPT FOR HOTELS,
13 MUNICIPAL GOLF COURSES, AIRPORT RESTAURANTS, PRIVATELY-OWNED
14 PUBLIC GOLF COURSES AND PRIVATELY-OWNED PRIVATE GOLF COURSE
15 LICENSEES, AS DEFINED IN THIS SECTION, SHALL BE GRANTED SO LONG
16 AS SAID LIMITATION IS EXCEEDED.
17 * * *
18 Section 2. This act shall take effect in 60 days.
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