PRIOR PRINTER'S NOS. 2523, 3058 PRINTER'S NO. 3313
No. 1946 Session of 1989
INTRODUCED BY SALOOM, MOWERY, J. L. WRIGHT, CAPPABIANCA,
STABACK, HOWLETT, MICOZZIE, CIVERA, CORRIGAN AND ACOSTA,
OCTOBER 4, 1989
AS RE-REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 3, 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; AND AUTHORIZING <--
19 THE LIMITED EXCHANGE OF CERTAIN HOTEL LICENSES FOR RESTAURANT
20 LICENSES.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Sections 437(f) and 461(a) AND (C) of the act of <--
24 April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
25 reenacted and amended June 29, 1987 (P.L.32, No.14), are amended
26 to read:
1 Section 437. Prohibitions Against the Grant of Licenses.--*
2 * *
3 (f) No new distributor's or importing distributor's license
4 shall hereafter be granted by the board in any county of the
5 Commonwealth where the combined number of distributor and
6 importing distributor licenses exceeds one license for each
7 [fifteen] thirty thousand inhabitants of the county in which the
8 license is to be issued: Provided, That a combined total of five
9 such licenses may be granted in any county of the Commonwealth.
10 Nothing in this subsection shall be construed as denying the
11 right of the board to renew or to transfer existing
12 distributors' or importing distributors' licenses or to exchange
13 a distributor's license for an importing distributor's license
14 or to exchange an importing distributor's license for a
15 distributor's license, upon adjustment of the applicable fee,
16 notwithstanding that the number of such licensed places in the
17 county shall exceed the limitation hereinbefore prescribed:
18 Provided, That no distributor's license or importing
19 distributor's license shall be transferred from one county to
20 another county so long as the quota is filled in the county to
21 which the license is proposed to be transferred.
22 Section 461. Limiting Number of Retail Licenses To Be Issued
23 In Each Municipality.--(a) No licenses shall hereafter be
24 granted by the board for the retail sale of malt or brewed
25 beverages or the retail sale of liquor and malt or brewed
26 beverages in excess of one of such licenses of any class for
27 each [two thousand] three thousand inhabitants in any
28 municipality, exclusive of licenses granted to airport
29 restaurants, municipal golf courses, hotels, privately-owned
30 public golf courses, as defined in this section, and clubs; but
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1 at least one such license may be granted in each municipality
2 and in each part of a municipality where such municipality is
3 split so that each part thereof is separated by another
4 municipality, except in municipalities where the electors have
5 voted against the granting of any retail licenses and except in
6 that part of a split municipality where the electors have voted
7 against the granting of any retail licenses. Nothing contained
8 in this section shall be construed as denying the right to the
9 board to renew or to transfer existing retail licenses of any
10 class notwithstanding that the number of such licensed places in
11 a municipality shall exceed the limitation hereinbefore
12 prescribed; but where such number exceeds the limitation
13 prescribed by this section, no new license, except for hotels,
14 municipal golf courses, airport restaurants, privately-owned
15 public golf courses and privately-owned private golf course
16 licensees, as defined in this section, shall be granted so long
17 as said limitation is exceeded.
18 * * *
19 (C) THE WORD "HOTEL" AS USED IN THIS SECTION SHALL MEAN ANY <--
20 REPUTABLE PLACE OPERATED BY A RESPONSIBLE PERSON OF GOOD
21 REPUTATION WHERE THE PUBLIC MAY, FOR A CONSIDERATION, OBTAIN
22 SLEEPING ACCOMMODATIONS, AND WHICH SHALL HAVE THE FOLLOWING
23 NUMBER OF BEDROOMS AND REQUIREMENTS IN EACH CASE--AT LEAST ONE-
24 HALF OF THE REQUIRED NUMBER OF BEDROOMS SHALL BE REGULARLY
25 AVAILABLE TO TRANSIENT GUESTS SEVEN DAYS WEEKLY, EXCEPT IN
26 RESORT AREAS; AT LEAST ONE-THIRD OF SUCH BEDROOMS SHALL BE
27 EQUIPPED WITH HOT AND COLD WATER, A LAVATORY, COMMODE, BATHTUB
28 OR SHOWER AND A CLOTHES CLOSET; AND AN ADDITIONAL ONE-THIRD OF
29 THE TOTAL OF SUCH REQUIRED ROOMS SHALL BE EQUIPPED WITH LAVATORY
30 AND COMMODE:
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1 (1) IN MUNICIPALITIES HAVING A POPULATION OF LESS THAN THREE
2 THOUSAND, AT LEAST TWELVE PERMANENT BEDROOMS FOR THE USE OF
3 GUESTS.
4 (2) IN MUNICIPALITIES HAVING A POPULATION OF THREE THOUSAND
5 AND MORE BUT LESS THAN TEN THOUSAND INHABITANTS, AT LEAST
6 SIXTEEN PERMANENT BEDROOMS FOR THE USE OF GUESTS.
7 (3) IN MUNICIPALITIES HAVING A POPULATION OF TEN THOUSAND
8 AND MORE BUT LESS THAN TWENTY-FIVE THOUSAND INHABITANTS, AT
9 LEAST THIRTY PERMANENT BEDROOMS FOR THE USE OF GUESTS.
10 (4) IN MUNICIPALITIES HAVING A POPULATION OF TWENTY-FIVE
11 THOUSAND AND MORE BUT LESS THAN ONE HUNDRED THOUSAND
12 INHABITANTS, AT LEAST FORTY PERMANENT BEDROOMS FOR THE USE OF
13 GUESTS.
14 (5) IN MUNICIPALITIES HAVING A POPULATION OF ONE HUNDRED
15 THOUSAND AND MORE INHABITANTS, AT LEAST FIFTY PERMANENT BEDROOMS
16 FOR THE USE OF GUESTS.
17 (6) A PUBLIC DINING ROOM OR ROOMS OPERATED BY THE SAME
18 MANAGEMENT ACCOMMODATING AT LEAST THIRTY PERSONS AT ONE TIME AND
19 A KITCHEN, APART FROM THE DINING ROOM OR ROOMS, IN WHICH FOOD IS
20 REGULARLY PREPARED FOR THE PUBLIC.
21 (7) EACH ROOM TO BE CONSIDERED A BEDROOM UNDER THE
22 REQUIREMENTS OF THIS SECTION SHALL HAVE AN AREA OF NOT LESS THAN
23 EIGHTY SQUARE FEET AND AN OUTSIDE WINDOW.
24 (8) THE PROVISIONS OF THIS SUBSECTION (C) SHALL NOT APPLY TO
25 HOTEL LICENSES GRANTED PRIOR TO THE FIRST DAY OF SEPTEMBER, ONE
26 THOUSAND NINE HUNDRED FORTY-NINE, OR THAT HAVE BEEN GRANTED ON
27 ANY APPLICATION MADE AND PENDING PRIOR TO SAID DATE, NOR TO ANY
28 RENEWAL OR TRANSFER THEREOF, OR HOTELS UNDER CONSTRUCTION OR FOR
29 WHICH A BONA FIDE CONTRACT HAD BEEN ENTERED INTO FOR
30 CONSTRUCTION PRIOR TO SAID DATE. IN SUCH CASES, THE PROVISIONS
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1 OF SECTION ONE OF THE ACT, APPROVED THE TWENTY-FOURTH DAY OF
2 JUNE, ONE THOUSAND NINE HUNDRED THIRTY-NINE (PAMPHLET LAWS 806),
3 SHALL CONTINUE TO APPLY.
4 (9) UPON APPLICATION BY A HOTEL LICENSEE, THE BOARD SHALL
5 EXCHANGE A HOTEL LICENSE FOR ANY PREMISES WHICH CONSIST OF TEN
6 OR LESS BEDROOMS FOR A RESTAURANT LICENSE WITHOUT REGARD TO ANY
7 QUOTA LIMITATIONS OR RESTRICTIONS.
8 * * *
9 Section 2. This act shall take effect in 60 days.
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