SENATE AMENDED
PRIOR PRINTER'S NOS. 2523, 3058, 3313, PRINTER'S NO. 4323
3058, 4201, 4290
No. 1946 Session of 1989
INTRODUCED BY SALOOM, MOWERY, J. L. WRIGHT, CAPPABIANCA,
STABACK, HOWLETT, MICOZZIE, CIVERA, CORRIGAN AND ACOSTA,
OCTOBER 4, 1989
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 14, 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 INTERPRETATION AND FOR the quota on the <--
18 issuance of distributors licenses and retail licenses;
19 PROVIDING FOR PRICE CHANGES FOR MALT AND BREWED BEVERAGES; <--
20 further providing for privately-owned public golf courses;
21 providing that patrons be required to leave licensed premises
22 at a certain time; authorizing the serving of food after the
23 hour to cease serving liquor or malt or brewed beverages has
24 arrived; and prohibiting the consumption of liquor or malt or <--
25 brewed beverages while tending bar or otherwise serving such
26 beverages; AND FURTHER PROVIDING FOR ADMINISTRATIVE LAW <--
27 JUDGES, LICENSES AND LICENSING PROCEDURES.
28 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Sections 437(f) and 461(a) of the act of April <--
3 12, 1951 (P.L.90, No.21), known as the Liquor Code, reenacted
4 and amended June 29, 1987 (P.L.32, No.14), are amended to read:
5 SECTION 1. SECTIONS 104(C), (D) AND (E), 212(C) AND (H), <--
6 402, 433 AND 437(F) OF THE ACT OF APRIL 12, 1951 (P.L.90,
7 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
8 1987 (P.L.32, NO.14), ARE AMENDED TO READ:
9 SECTION 104. INTERPRETATION OF ACT.--* * *
10 (C) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PURPOSE OF
11 THIS ACT IS TO PROHIBIT THE MANUFACTURE OF AND TRANSACTIONS IN
12 LIQUOR, ALCOHOL AND MALT OR BREWED BEVERAGES WHICH TAKE PLACE IN
13 THIS COMMONWEALTH, EXCEPT BY AND UNDER THE CONTROL OF THE BOARD
14 AS HEREIN SPECIFICALLY PROVIDED, AND EVERY SECTION AND PROVISION
15 OF THE ACT SHALL BE CONSTRUED ACCORDINGLY; TO PROVIDE A
16 STRUCTURE IN THIS COMMONWEALTH FOR A DISTRIBUTION SYSTEM,
17 INCLUDING THE ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES AND
18 LICENSING OF IMPORTING DISTRIBUTORS AND DISTRIBUTORS; AND TO
19 PRESERVE MANUFACTURERS OF LIQUOR AND ALCOHOL AND MALT AND BREWED
20 BEVERAGES SELLING THOSE PRODUCTS WITHIN THIS COMMONWEALTH. THE
21 PROVISIONS OF THIS ACT DEALING WITH THE MANUFACTURE,
22 IMPORTATION, SALE, DISTRIBUTION AND DISPOSITION OF LIQUOR,
23 ALCOHOL AND MALT OR BREWED BEVERAGES WITHIN THE COMMONWEALTH
24 THROUGH THE INSTRUMENTALITY OF THE BOARD, LICENSEES AND
25 OTHERWISE, PROVIDE THE MEANS BY WHICH SUCH CONTROL SHALL BE MADE
26 EFFECTIVE. THIS ACT SHALL NOT BE CONSTRUED AS FORBIDDING,
27 AFFECTING OR REGULATING ANY TRANSACTION WHICH IS NOT SUBJECT TO
28 THE LEGISLATIVE AUTHORITY OF THIS COMMONWEALTH.
29 (D) THE PROVISIONS OF THIS ACT ARE INTENDED TO CREATE A
30 SYSTEM FOR DISTRIBUTION THAT SHALL INCLUDE THE FIXING OF PRICES
19890H1946B4323 - 2 -
1 FOR LIQUOR AND ALCOHOL AND CONTROLS PLACED ON PRICES FOR MALT
2 AND BREWED BEVERAGES AND WHICH SHALL BE CONSTRUED AS INTEGRAL TO
3 THE PRESERVATION OF THE SYSTEM, WITHOUT WHICH THE COMMONWEALTH'S
4 CONTROL OF THE SALE OF LIQUOR AND ALCOHOL AND MALT AND BREWED
5 BEVERAGES WOULD NOT BE POSSIBLE.
6 [(D)] (E) ANY REFERENCE IN THIS ACT TO THE PROVISIONS OF LAW
7 ON ANY SUBJECT SHALL APPLY TO STATUTES BECOMING EFFECTIVE AFTER
8 THE EFFECTIVE DATE OF THIS ACT AS WELL AS TO THOSE THEN IN
9 EXISTENCE.
10 [(E)] (F) SECTION HEADINGS SHALL NOT BE TAKEN TO GOVERN OR
11 LIMIT THE SCOPE OF THE SECTIONS OF THIS ACT. THE SINGULAR SHALL
12 INCLUDE THE PLURAL AND THE MASCULINE SHALL INCLUDE THE FEMININE
13 AND THE NEUTER.
14 SECTION 212. OFFICE OF ADMINISTRATIVE LAW JUDGE.--* * *
15 (C) ADMINISTRATIVE LAW JUDGES SHALL PRESIDE AT ALL
16 LICENSING, CITATION AND OTHER ENFORCEMENT HEARINGS REQUIRED OR
17 PERMITTED UNDER THIS ACT. AN ADMINISTRATIVE LAW JUDGE SHALL
18 RECUSE HIMSELF IN A LICENSING PROCEEDING IF THE LICENSEE OR
19 PROSPECTIVE LICENSEE CAN DEMONSTRATE THAT THE JUDGE HAS HEARD AN
20 ENFORCEMENT MATTER CONCERNING THE LICENSEE OR PROSPECTIVE
21 LICENSEE. AN ADMINISTRATIVE LAW JUDGE SHALL RECUSE HIMSELF IN AN
22 ENFORCEMENT PROCEEDING IF THE PERSON SUBJECT TO ENFORCEMENT CAN
23 DEMONSTRATE THAT THE JUDGE HAS HEARD A LICENSING MATTER
24 CONCERNING THE PERSON. ADMINISTRATIVE LAW JUDGES SHALL INFORM
25 PERSONS AND THEIR COUNSEL OF RECUSAL RIGHTS UNDER THIS
26 SUBSECTION.
27 * * *
28 [(H) NOTHING IN THIS SECTION OR THIS ACT SHALL BE CONSTRUED
29 OR INTENDED TO CHANGE OR AFFECT THE TERMS AND CONDITIONS OF
30 EMPLOYMENT OR THE EMPLOYMENT SECURITY OF HEARING EXAMINERS
19890H1946B4323 - 3 -
1 EMPLOYED BY THE BOARD ON THE EFFECTIVE DATE OF THIS SECTION.]
2 SECTION 402. LICENSE DISTRICTS; LICENSE YEAR; HEARINGS.--(A)
3 THE BOARD SHALL, BY REGULATION, DIVIDE THE STATE INTO CONVENIENT
4 LICENSE DISTRICTS AND SHALL HOLD HEARINGS ON APPLICATIONS FOR
5 LICENSES AND RENEWALS THEREOF, AS IT DEEMS NECESSARY, AT A
6 CONVENIENT PLACE OR PLACES IN EACH OF SAID DISTRICTS, AT SUCH
7 TIMES AS IT SHALL FIX, BY REGULATION, FOR THE PURPOSE OF HEARING
8 TESTIMONY FOR AND AGAINST APPLICATIONS FOR NEW LICENSES AND
9 RENEWALS THEREOF. THE BOARD SHALL HOLD A HEARING ON ANY
10 APPLICATION FOR A NEW HOTEL, CLUB OR RESTAURANT LIQUOR LICENSE
11 OR THE TRANSFER OF ANY SUCH LICENSE TO A NEW LOCATION, UPON THE
12 REQUEST OF ANY PERSON WITH STANDING TO TESTIFY UNDER SUBSECTION
13 (B) IF THE REQUEST IS FILED WITH THE BOARD WITHIN THE FIRST
14 FIFTEEN DAYS OF POSTING OF THE NOTICE OF APPLICATION PURSUANT TO
15 SECTION 403(G). THE BOARD [MAY] SHALL PROVIDE FOR THE HOLDING OF
16 SUCH HEARINGS BY [EXAMINERS LEARNED IN THE LAW, TO BE APPOINTED
17 BY THE GOVERNOR, WHO SHALL NOT BE SUBJECT TO THE "CIVIL SERVICE
18 ACT." SUCH EXAMINERS] ADMINISTRATIVE LAW JUDGES, WHO SHALL MAKE
19 A REPORT TO THE BOARD IN EACH CASE WITH THEIR RECOMMENDATIONS.
20 THE BOARD SHALL, BY REGULATION, FIX THE LICENSE YEAR FOR EACH
21 SEPARATE DISTRICT SO THAT THE EXPIRATION DATES SHALL BE UNIFORM
22 IN EACH OF THE SEVERAL DISTRICTS BUT STAGGERED AS TO THE STATE.
23 (B) WHERE A HEARING IS HELD IN THE CASE OF AN APPLICATION
24 FOR A NEW HOTEL, CLUB OR RESTAURANT LIQUOR LICENSE OR AN
25 APPLICATION FOR THE TRANSFER OF A HOTEL, CLUB OR RESTAURANT
26 LIQUOR LICENSE TO A NEW LOCATION, THE BOARD SHALL PERMIT
27 RESIDENTS RESIDING WITHIN A RADIUS OF FIVE HUNDRED FEET OF THE
28 PREMISES TO TESTIFY AT THE HEARING. THE BOARD AND ANY [HEARING
29 OFFICER] ADMINISTRATIVE LAW JUDGE THEREOF SHALL GIVE APPROPRIATE
30 EVIDENTIARY WEIGHT TO ANY TESTIMONY OF SUCH RESIDENTS GIVEN AT
19890H1946B4323 - 4 -
1 THE HEARING.
2 SECTION 433. PUBLIC SERVICE LICENSES.--THE BOARD MAY ISSUE
3 PUBLIC SERVICE MALT AND BREWED BEVERAGE LICENSES TO A RAILROAD,
4 PULLMAN OR STEAMSHIP COMPANY PERMITTING MALT OR BREWED BEVERAGES
5 TO BE SOLD AT RETAIL IN DINING, CLUB OR BUFFET CARS, OR THE
6 DINING COMPARTMENTS OF STEAMSHIPS OR VESSELS, FOR CONSUMPTION ON
7 THE TRAINS, STEAMSHIPS OR VESSELS WHEREVER OPERATED IN THE
8 STATE, EXCEPT WHEN STANDING IN STATIONS OR TERMINALS WITHIN A
9 MUNICIPALITY WHEREIN RETAIL SALES ARE PROHIBITED. SUCH LICENSES
10 SHALL ONLY BE GRANTED TO REPUTABLE PERSONS AND FOR FIT PLACES.
11 THE BOARD MAY ISSUE A MASTER LICENSE TO RAILROAD OR PULLMAN
12 COMPANIES TO COVER THE MAXIMUM NUMBER OF CARS WHICH THE COMPANY
13 SHALL ESTIMATE THAT IT WILL OPERATE WITHIN THE COMMONWEALTH ON
14 ANY ONE DAY. SUCH LICENSEES SHALL FILE MONTHLY REPORTS WITH THE
15 BOARD SHOWING THE MAXIMUM NUMBER OF CARS OPERATED AT ANY TIME ON
16 ANY DAY DURING THE PRECEDING MONTH, AND IF IT APPEARS THAT MORE
17 CARS HAVE BEEN OPERATED THAN COVERED BY ITS LICENSE IT SHALL
18 FORTHWITH REMIT TO THE BOARD THE SUM OF TEN DOLLARS FOR EACH
19 EXTRA CAR SO OPERATED. THE BOARD SHALL HAVE THE POWER TO SUSPEND
20 OR REVOKE ANY SUCH LICENSES FOR CAUSE AFTER GRANTING A HEARING
21 BEFORE [A HEARING EXAMINER TO THE LICENSEE] AN ADMINISTRATIVE
22 LAW JUDGE. ANY PERSON AGGRIEVED BY THE DECISION OF THE BOARD IN
23 REFUSING, SUSPENDING OR REVOKING ANY SUCH LICENSE MAY APPEAL TO
24 THE COMMONWEALTH COURT IN THE SAME MANNER AS PROVIDED IN THIS
25 ARTICLE FOR APPEALS FROM REFUSALS OF LICENSES.
26 Section 437. Prohibitions Against the Grant of Licenses.--*
27 * *
28 (f) No new distributor's or importing distributor's license
29 shall hereafter be granted by the board in any county of the
30 Commonwealth where the combined number of distributor and
19890H1946B4323 - 5 -
1 importing distributor licenses exceeds one license for each
2 [fifteen] thirty thousand inhabitants of the county in which the
3 license is to be issued: Provided, That a combined total of five
4 such licenses may be granted in any county of the Commonwealth.
5 Nothing in this subsection shall be construed as denying the
6 right of the board to renew or to transfer existing
7 distributors' or importing distributors' licenses or to exchange
8 a distributor's license for an importing distributor's license
9 or to exchange an importing distributor's license for a
10 distributor's license, upon adjustment of the applicable fee,
11 notwithstanding that the number of such licensed places in the
12 county shall exceed the limitation hereinbefore prescribed:
13 Provided, That no distributor's license or importing
14 distributor's license shall be transferred from one county to
15 another county so long as the quota is filled in the county to
16 which the license is proposed to be transferred.
17 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
18 SECTION 447. PRICE CHANGES OF MALT AND BREWED BEVERAGES.--
19 (A) (1) THE PURPOSE OF THIS SECTION IS TO REGULATE THE MANNER
20 IN WHICH PRICES OF MALT OR BREWED BEVERAGES IS CHANGED BY THE
21 MANUFACTURERS, IMPORTING DISTRIBUTORS AND OTHER DISTRIBUTORS,
22 AND TO PROVIDE FOR THE RETENTION AND THE FURNISHING OF RECORDS
23 OF PRICE CHANGES BY SUCH MANUFACTURERS, IMPORTING DISTRIBUTORS
24 AND DISTRIBUTORS.
25 (2) ANY MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR
26 WHO REDUCES THE PRICE ON ANY PACKAGE OF ANY BRAND OF MALT OR
27 BREWED BEVERAGES SOLD FOR RESALE WITHIN THIS COMMONWEALTH MAY
28 FURTHER REDUCE THE PRICE AT ANY TIME, BUT ANY REDUCTION SHALL
29 CONTINUE IN FULL FORCE AND EFFECT FOR AT LEAST ONE HUNDRED
30 EIGHTY DAYS FROM THE DATE ON WHICH THE LAST SUCH REDUCED PRICE
19890H1946B4323 - 6 -
1 BECOMES EFFECTIVE, EXCEPT FOR THE MEETING OF COMPETITION AS SET
2 FORTH IN PARAGRAPH (B). HOWEVER, SUCH REDUCED PRICE MAY BE
3 INCREASED DURING SUCH ONE HUNDRED EIGHTY-DAY PERIOD TO REFLECT
4 ANY TAX INCREASE ON MALT OR BREWED BEVERAGES.
5 (3) IF A MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR
6 OF MALT OR BREWED BEVERAGES LOWERS THE WHOLESALE PRICE ON ANY
7 PACKAGE OF ANY BRAND OF MALT OR BREWED BEVERAGES TO ONE
8 IMPORTING DISTRIBUTOR OR DISTRIBUTOR OR RETAIL LICENSEE WITHIN
9 THIS COMMONWEALTH, THE MANUFACTURER, IMPORTING DISTRIBUTOR OR
10 DISTRIBUTOR SHALL LOWER THE WHOLESALE PRICE ON SUCH PACKAGE OF
11 SUCH BRAND OFFERED OR SOLD TO ALL OTHER IMPORTING DISTRIBUTORS
12 OR DISTRIBUTORS OR RETAIL LICENSEES WITHIN THIS COMMONWEALTH BY
13 A LIKE AMOUNT. ANY IMPORTING DISTRIBUTOR OR DISTRIBUTOR WHO
14 LOWERS THE WHOLESALE PRICE ON ANY PACKAGE OF ANY BRAND OF MALT
15 OR BREWED BEVERAGES SHALL FILE A NOTICE OF THE LOWERED PRICE
16 WITH THE COMMONWEALTH NO LATER THAN SEVEN DAYS OF SUCH CHANGE
17 AND RETAIN A RECORD OF THE LOWERED PRICE FOR AT LEAST TWO YEARS
18 FROM THE DATE OF FILING. IF SUCH MANUFACTURER, IMPORTING
19 DISTRIBUTOR OR DISTRIBUTOR, HAVING LOWERED THE WHOLESALE PRICE
20 ON A PACKAGE OF A BRAND PURSUANT TO THIS SECTION, SUBSEQUENTLY
21 RAISES THE WHOLESALE PRICE ON SUCH PACKAGE OF SUCH BRAND TO ONE
22 IMPORTING DISTRIBUTOR, OR DISTRIBUTOR OR RETAIL LICENSEE WITHIN
23 THIS COMMONWEALTH, SUCH MANUFACTURER, IMPORTING DISTRIBUTOR OR
24 DISTRIBUTOR SHALL RAISE THE WHOLESALE PRICE ON SUCH PACKAGE OF
25 SUCH BRAND OFFERED OR SOLD TO ALL OTHER IMPORTING DISTRIBUTORS
26 OR DISTRIBUTORS OR RETAIL LICENSEES WITHIN THIS COMMONWEALTH BY
27 A LIKE AMOUNT.
28 (4) NO IMPORTING DISTRIBUTOR OR DISTRIBUTOR SHALL BE
29 REQUIRED BY ANY MANUFACTURER OR IMPORTING DISTRIBUTOR TO REDUCE
30 THE RESALE PRICE OF ANY PACKAGE OF ANY BRAND OF MALT OR BREWED
19890H1946B4323 - 7 -
1 BEVERAGES BY AN AMOUNT GREATER THAN THE AMOUNT BY WHICH SUCH
2 MANUFACTURER OR IMPORTING DISTRIBUTOR HAS REDUCED THE WHOLESALE
3 PRICE ON SUCH PACKAGE OF SUCH BRAND TO SUCH IMPORTING
4 DISTRIBUTOR OR DISTRIBUTOR.
5 (5) EVERY IMPORTING DISTRIBUTOR AND DISTRIBUTOR RECEIVING A
6 PRICE REDUCTION ON ANY PACKAGE OF ANY BRAND OF MALT OR BREWED
7 BEVERAGES PURSUANT TO THIS SECTION SHALL REDUCE HIS PRICE BY A
8 LIKE AMOUNT TO ALL CLASSES OF CUSTOMERS.
9 (6) MANUFACTURERS OF MALT OR BREWED BEVERAGES SHALL NOTIFY
10 IMPORTING DISTRIBUTORS AND DISTRIBUTORS, IN WRITING, OF ANY
11 PRICE REDUCTIONS, PRICES ON NEWLY INTRODUCED BRAND OR PACKAGES
12 AND SUBSEQUENT INCREASES AFTER EXPIRATION OF ONE HUNDRED EIGHTY
13 DAYS, IF ANY, AT LEAST FIFTEEN DAYS IN ADVANCE OF SUCH PRICE
14 CHANGES.
15 (B) IF A MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR
16 HAS REDUCED THE WHOLESALE PRICE ON ANY PACKAGE OF ANY BRAND OF
17 MALT OR BREWED BEVERAGES, ANY OTHER MANUFACTURER, IMPORTING
18 DISTRIBUTOR OR DISTRIBUTOR MAY REDUCE THE WHOLESALE PRICE ON THE
19 SAME OR SIMILAR PACKAGE OF SUCH BRAND IN ORDER TO MEET
20 COMPETITION. SUCH PRICE REDUCTION SHALL BE NO GREATER THAN THE
21 PRICE REDUCTION BEING MET. ALL SUCH PRICE REDUCTIONS TO MEET
22 COMPETITION SHALL CONTINUE IN FULL FORCE AND EFFECT FOR THE
23 BALANCE OF THE ONE HUNDRED EIGHTY-DAY PERIOD DURING WHICH THE
24 PRICE REDUCTION BEING MET IS REQUIRED TO REMAIN IN FULL FORCE
25 AND EFFECT.
26 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
27 BOARD SHALL HAVE THE AUTHORITY, UPON APPLICATION BY A
28 MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR TO PERMIT
29 SUCH MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR TO
30 CHANGE THE PRICE WITHIN A TIME PERIOD OF LESS THAN ONE HUNDRED
19890H1946B4323 - 8 -
1 EIGHTY DAYS FROM WHEN THE PRICE WENT INTO EFFECT UPON AN
2 APPROPRIATE SHOWING THAT MARKET CONDITIONS WARRANT A CHANGE IN
3 PRICE.
4 SECTION 3. SECTIONS 461(A) AND 464 OF THE ACT ARE AMENDED TO
5 READ:
6 Section 461. Limiting Number of Retail Licenses To Be Issued
7 In Each Municipality.--(a) No licenses shall hereafter be
8 granted by the board for the retail sale of malt or brewed
9 beverages or the retail sale of liquor and malt or brewed
10 beverages in excess of one of such licenses of any class for
11 each [two thousand] three thousand inhabitants in any
12 municipality, exclusive of licenses granted to airport
13 restaurants, municipal golf courses, hotels, privately-owned
14 public golf courses, as defined in this section, and clubs; but
15 at least one such license may be granted in each municipality
16 and in each part of a municipality where such municipality is
17 split so that each part thereof is separated by another
18 municipality, except in municipalities where the electors have
19 voted against the granting of any retail licenses and except in
20 that part of a split municipality where the electors have voted
21 against the granting of any retail licenses. Nothing contained
22 in this section shall be construed as denying the right to the
23 board to renew or to transfer existing retail licenses of any
24 class notwithstanding that the number of such licensed places in
25 a municipality shall exceed the limitation hereinbefore
26 prescribed; but where such number exceeds the limitation
27 prescribed by this section, no new license, except for hotels,
28 municipal golf courses, airport restaurants, privately-owned
29 public golf courses and privately-owned private golf course
30 licensees, as defined in this section, shall be granted so long
19890H1946B4323 - 9 -
1 as said limitation is exceeded.
2 * * *
3 SECTION 464. HEARINGS UPON REFUSAL OF LICENSES, RENEWALS OR <--
4 TRANSFERS; APPEALS.--THE BOARD MAY OF ITS OWN MOTION, AND SHALL
5 UPON THE WRITTEN REQUEST OF ANY APPLICANT FOR CLUB, HOTEL OR
6 RESTAURANT LIQUOR LICENSE, OR ANY APPLICANT FOR ANY MALT OR
7 BREWED BEVERAGE LICENSE OTHER THAN A PUBLIC SERVICE LICENSE, OR
8 FOR RENEWAL OR TRANSFER THEREOF, WHOSE APPLICATION FOR SUCH
9 LICENSE, RENEWAL OR TRANSFER HAS BEEN REFUSED, FIX A TIME AND
10 PLACE FOR HEARING OF SUCH APPLICATION FOR LICENSE OR FOR RENEWAL
11 OR TRANSFER THEREOF, NOTICE OF WHICH HEARING SHALL BE MAILED TO
12 THE APPLICANT AT THE ADDRESS GIVEN IN HIS APPLICATION. SUCH
13 HEARING SHALL BE BEFORE [A HEARING EXAMINER DESIGNATED BY THE
14 BOARD] AN ADMINISTRATIVE LAW JUDGE. AT SUCH HEARING, THE BOARD
15 SHALL PRESENT ITS REASONS FOR ITS REFUSAL OR WITHHOLDING OF
16 LICENSE, RENEWAL OR TRANSFER THEREOF. THE APPLICANT MAY APPEAR
17 IN PERSON OR BY COUNSEL, MAY CROSS-EXAMINE THE WITNESSES FOR THE
18 BOARD AND MAY PRESENT EVIDENCE WHICH SHALL LIKEWISE BE SUBJECT
19 TO CROSS-EXAMINATION BY THE BOARD. SUCH HEARING SHALL BE
20 STENOGRAPHICALLY RECORDED. THE [EXAMINER] ADMINISTRATIVE LAW
21 JUDGE SHALL THEREAFTER MAKE A REPORT, INCLUDING THE JUDGE'S
22 RECOMMENDATION, TO THE BOARD [UPON SUCH HEARING] IN EACH CASE.
23 THE BOARD SHALL THEREUPON GRANT OR REFUSE THE LICENSE, RENEWAL
24 OR TRANSFER THEREOF. IN CONSIDERING THE RENEWAL OF A LICENSE,
25 THE BOARD SHALL NOT REFUSE ANY SUCH RENEWAL ON THE BASIS OF THE
26 PROPRIETY OF THE ORIGINAL ISSUANCE OR ANY PRIOR RENEWAL OF SUCH
27 LICENSE. IF THE BOARD SHALL REFUSE SUCH LICENSE, RENEWAL OR
28 TRANSFER FOLLOWING SUCH HEARING, NOTICE IN WRITING OF SUCH
29 REFUSAL SHALL BE MAILED TO THE APPLICANT AT THE ADDRESS GIVEN IN
30 HIS APPLICATION. IN ALL SUCH CASES, THE BOARD SHALL FILE OF
19890H1946B4323 - 10 -
1 RECORD AT LEAST A BRIEF STATEMENT IN THE FORM OF AN OPINION OF
2 THE REASONS FOR THE RULING OR ORDER AND FURNISH A COPY THEREOF
3 TO THE APPLICANT. ANY APPLICANT WHO HAS APPEARED AT ANY HEARING,
4 AS ABOVE PROVIDED, WHO IS AGGRIEVED BY THE REFUSAL OF THE BOARD
5 TO ISSUE ANY SUCH LICENSE OR TO RENEW OR TRANSFER ANY SUCH
6 LICENSE MAY APPEAL, OR ANY CHURCH, HOSPITAL, CHARITABLE
7 INSTITUTION, SCHOOL OR PUBLIC PLAYGROUND LOCATED WITHIN THREE
8 HUNDRED FEET OF THE PREMISES APPLIED FOR, AGGRIEVED BY THE
9 ACTION OF THE BOARD IN GRANTING THE ISSUANCE OF ANY SUCH LICENSE
10 OR THE TRANSFER OF ANY SUCH LICENSE, MAY TAKE AN APPEAL LIMITED
11 TO THE QUESTION OF SUCH GRIEVANCE, WITHIN TWENTY DAYS FROM DATE
12 OF REFUSAL OR GRANT, TO THE COURT OF COMMON PLEAS OF THE COUNTY
13 IN WHICH THE PREMISES APPLIED FOR IS LOCATED. SUCH APPEAL SHALL
14 BE UPON PETITION OF THE AGGRIEVED PARTY, WHO SHALL SERVE A COPY
15 THEREOF UPON THE BOARD, WHEREUPON A HEARING SHALL BE HELD UPON
16 THE PETITION BY THE COURT UPON TEN DAYS' NOTICE TO THE BOARD.
17 THE SAID APPEAL SHALL ACT AS A SUPERSEDEAS UNLESS UPON
18 SUFFICIENT CAUSE SHOWN THE COURT SHALL DETERMINE OTHERWISE. THE
19 COURT SHALL HEAR THE APPLICATION DE NOVO ON QUESTIONS OF FACT,
20 ADMINISTRATIVE DISCRETION AND SUCH OTHER MATTERS AS ARE
21 INVOLVED, AT SUCH TIME AS IT SHALL FIX, OF WHICH NOTICE SHALL BE
22 GIVEN TO THE BOARD. THE COURT SHALL EITHER SUSTAIN OR OVER-RULE
23 THE ACTION OF THE BOARD AND EITHER ORDER OR DENY THE ISSUANCE OF
24 A NEW LICENSE OR THE RENEWAL OR TRANSFER OF THE LICENSE TO THE
25 APPLICANT.
26 Section 2 4. The act is amended by adding a section to read: <--
27 Section 472.4. Privately-Owned Public Golf Courses.--(a)
28 Any privately-owned public golf course licensee may, upon
29 application to and the approval of the board, contract with a
30 concessionaire to operate a restaurant or provide food service
19890H1946B4323 - 11 -
1 and, in the case of a restaurant liquor licensee, sell liquor
2 and malt and brewed beverages or, in the case of a malt and
3 brewed beverage dispenser licensee, sell malt and brewed
4 beverages pursuant to the provisions of this act pertaining to
5 such licensees.
6 (b) The board shall approve the application of any
7 privately-owned public golf course licensee to contract with a
8 concessionaire pursuant to subsection (a) upon being satisfied
9 that the concessionaire is of good repute and financially
10 responsible.
11 Section 3 5. Section 493 of the act is amended by adding a <--
12 clause to 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 (28) Consumption of Liquor or Malt or Brewed Beverages While
21 Tending Bar. For any licensee, his servants, agents or employes,
22 to consume liquor or malt or brewed beverages while tending bar
23 or otherwise serving liquor or malt or brewed beverages. No
24 action shall be taken against a licensee under this clause
25 unless the licensee is the individual consuming liquor or malt
26 or brewed beverages in violation of this clause.
27 Section 4 6. The act is amended by adding a section to read: <--
28 Section 499. Premises to be Vacated by Patrons.--(a) Except
29 as provided for in subsection (b), all patrons of a licensee
30 shall be required to leave that part of the premises habitually
19890H1946B4323 - 12 -
1 used for the serving of food LIQUOR OR MALT OR BREWED BEVERAGES <--
2 to guests or patrons not later than one-half hour after the time
3 the licensee is required by this act to cease serving liquor or
4 malt or brewed beverages, and shall not be permitted to have any
5 previously served liquor or malt or brewed beverages in their
6 possession, nor shall they be permitted to remove any previously
7 served liquor or malt or brewed beverages from that part of the
8 premises.
9 (b) A licensee may serve food between the hours of two
10 o'clock antemeridian and seven o'clock antemeridian on any day
11 if such licensee either possesses or is eligible to purchase a
12 Sunday Sales Permit in accordance with section 406 (relating to
13 sales by liquor licensees, restrictions), and receives an
14 extended hours food license. The board shall establish an annual
15 fee for the extended hours food license which shall not exceed
16 $50. FIFTY DOLLARS ($50). <--
17 (c) Any owner of licensed premises who violates this section
18 for the first offense commits a summary offense and shall, upon
19 conviction, be sentenced to pay a fine of not more than three
20 hundred dollars ($300) or to imprisonment for not more than
21 ninety (90) days, or both, and for the second or any subsequent
22 offense commits a misdemeanor of the third degree and shall,
23 upon conviction, be sentenced to pay a fine of not more than two
24 thousand five hundred dollars ($2,500) or to imprisonment for
25 not more than one (1) year, or both.
26 Section 5. This act shall take effect in 60 days. <--
27 SECTION 7. SECTION 507 OF THE ACT IS AMENDED TO READ: <--
28 SECTION 507. HEARINGS ON LICENSES AND REFUSALS.--(A) THE
29 BOARD MAY OF ITS OWN MOTION, AND SHALL UPON THE WRITTEN REQUEST
30 OF THE ENFORCEMENT BUREAU OR OF ANY APPLICANT FOR LICENSE OR FOR
19890H1946B4323 - 13 -
1 RENEWAL THEREOF WHOSE APPLICATION FOR SUCH LICENSE OR RENEWAL
2 HAS BEEN REFUSED, FIX A TIME AND PLACE FOR HEARING OF SUCH
3 APPLICATION OR RENEWAL, NOTICE OF WHICH HEARING SHALL BE SENT TO
4 THE BUREAU AND TO THE APPLICANT, BY REGISTERED MAIL, AT THE
5 ADDRESS GIVEN IN HIS APPLICATION. SUCH HEARING SHALL BE BEFORE
6 [THE BOARD, A MEMBER THEREOF, OR] AN [EXAMINER DESIGNATED BY THE
7 BOARD] ADMINISTRATIVE LAW JUDGE.
8 (B) AT SUCH HEARING, THE BOARD SHALL PRESENT ITS REASONS FOR
9 ITS REFUSAL OR WITHHOLDING OF SUCH LICENSE OR RENEWAL THEREOF OR
10 THE BUREAU SHALL PRESENT ITS OBJECTIONS TO THE GRANTING OR
11 RENEWAL OF THE LICENSE, AS THE CASE MAY BE. THE APPLICANT MAY
12 APPEAR IN PERSON OR BY COUNSEL, MAY CROSS-EXAMINE THE WITNESSES
13 FOR THE BOARD OR THE BUREAU, AND MAY PRESENT EVIDENCE WHICH
14 SHALL LIKEWISE BE SUBJECT TO CROSS-EXAMINATION BY THE BOARD OR
15 THE BUREAU. SUCH HEARING SHALL BE STENOGRAPHICALLY RECORDED. THE
16 [EXAMINER] ADMINISTRATIVE LAW JUDGE SHALL THEREAFTER MAKE A
17 REPORT, INCLUDING THE JUDGE'S RECOMMENDATION, TO THE BOARD IN
18 EACH CASE. THE BOARD SHALL THEREAFTER GRANT OR REFUSE THE
19 LICENSE OR RENEWAL THEREOF.
20 (C) HEARINGS AND ADJUDICATIONS PURSUANT TO THIS SECTION
21 SHALL BE IN ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A (RELATING
22 TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES).
23 SECTION 8. BY NOVEMBER 13, 1991, THE PENNSYLVANIA LIQUOR
24 CONTROL BOARD SHALL DEPOSIT WITH THE LEGISLATIVE REFERENCE
25 BUREAU A NOTICE EXPLAINING THE IMPLEMENTATION OF THIS ACT.
26 SECTION 9. UPON APPROVAL OF THE PENNSYLVANIA LIQUOR CONTROL
27 BOARD, EQUIPMENT, MATERIALS AND FUNDS UTILIZED IN CONNECTION
28 WITH THE FUNCTIONS OF HEARING EXAMINERS ARE TRANSFERRED TO THE
29 OFFICE OF ADMINISTRATIVE LAW JUDGE.
30 SECTION 10. HEARING EXAMINERS SHALL HAVE 30 DAYS FOLLOWING
19890H1946B4323 - 14 -
1 THE EFFECTIVE DATE OF THIS SECTION TO COMPLETE WORK ON HEARINGS
2 CONDUCTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
3 SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
4 (1) SECTIONS 1 (SECTIONS 212, 402, AND 433), 3 (SECTION
5 464), 7 (SECTION 507), 9 AND 10 SHALL TAKE EFFECT JANUARY 1,
6 1992.
7 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
8 DAYS.
9 SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
10 (1) SECTIONS 1 (SECTION 104), 2 (SECTION 447) AND THIS
11 SECTION SHALL TAKE EFFECT IMMEDIATELY.
12 (2) SECTIONS 1 (SECTIONS 212, 402 AND 433), 3 (SECTION
13 464), 7 (SECTION 507), 9 AND 10 SHALL TAKE EFFECT JANUARY 1,
14 1992.
15 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
16 DAYS.
F22L47JS/19890H1946B4323 - 15 -