SENATE AMENDED
PRIOR PRINTER'S NOS. 2523, 3058, 3313, PRINTER'S NO. 4339
3058, 4201, 4290, 4323
No. 1946 Session of 1989
INTRODUCED BY SALOOM, MOWERY, J. L. WRIGHT, CAPPABIANCA,
STABACK, HOWLETT, MICOZZIE, CIVERA, CORRIGAN AND ACOSTA,
OCTOBER 4, 1989
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 19, 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
29 hereby enacts as follows:
1 Section 1. Sections 437(f) and 461(a) of the act of April <--
2 12, 1951 (P.L.90, No.21), known as the Liquor Code, reenacted
3 and amended June 29, 1987 (P.L.32, No.14), are amended to read:
4 SECTION 1. SECTIONS 104(C), (D) AND (E), 212(C) AND (H), <--
5 402, 433 AND 437(F) OF THE ACT OF APRIL 12, 1951 (P.L.90,
6 NO.21), KNOWN AS THE LIQUOR CODE, REENACTED AND AMENDED JUNE 29,
7 1987 (P.L.32, NO.14), ARE AMENDED TO READ:
8 SECTION 104. INTERPRETATION OF ACT.--* * *
9 (C) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PURPOSE OF
10 THIS ACT IS TO PROHIBIT THE MANUFACTURE OF AND TRANSACTIONS IN
11 LIQUOR, ALCOHOL AND MALT OR BREWED BEVERAGES WHICH TAKE PLACE IN
12 THIS COMMONWEALTH, EXCEPT BY AND UNDER THE CONTROL OF THE BOARD
13 AS HEREIN SPECIFICALLY PROVIDED, AND EVERY SECTION AND PROVISION
14 OF THE ACT SHALL BE CONSTRUED ACCORDINGLY; TO PROVIDE A
15 STRUCTURE IN THIS COMMONWEALTH FOR A DISTRIBUTION SYSTEM,
16 INCLUDING THE ESTABLISHMENT OF PENNSYLVANIA LIQUOR STORES AND
17 LICENSING OF IMPORTING DISTRIBUTORS AND DISTRIBUTORS; AND TO
18 PRESERVE MANUFACTURERS OF LIQUOR AND ALCOHOL AND MALT AND BREWED
19 BEVERAGES SELLING THOSE PRODUCTS WITHIN THIS COMMONWEALTH. THE
20 PROVISIONS OF THIS ACT DEALING WITH THE MANUFACTURE,
21 IMPORTATION, SALE, DISTRIBUTION AND DISPOSITION OF LIQUOR,
22 ALCOHOL AND MALT OR BREWED BEVERAGES WITHIN THE COMMONWEALTH
23 THROUGH THE INSTRUMENTALITY OF THE BOARD, LICENSEES AND
24 OTHERWISE, PROVIDE THE MEANS BY WHICH SUCH CONTROL SHALL BE MADE
25 EFFECTIVE. THIS ACT SHALL NOT BE CONSTRUED AS FORBIDDING,
26 AFFECTING OR REGULATING ANY TRANSACTION WHICH IS NOT SUBJECT TO
27 THE LEGISLATIVE AUTHORITY OF THIS COMMONWEALTH.
28 (D) THE PROVISIONS OF THIS ACT ARE INTENDED TO CREATE A
29 SYSTEM FOR DISTRIBUTION THAT SHALL INCLUDE THE FIXING OF PRICES
30 FOR LIQUOR AND ALCOHOL AND CONTROLS PLACED ON PRICES FOR MALT
19890H1946B4339 - 2 -
1 AND BREWED BEVERAGES AND WHICH SHALL BE CONSTRUED AS INTEGRAL TO
2 THE PRESERVATION OF THE SYSTEM, WITHOUT WHICH THE COMMONWEALTH'S
3 CONTROL OF THE SALE OF LIQUOR AND ALCOHOL AND MALT AND BREWED
4 BEVERAGES WOULD NOT BE POSSIBLE.
5 [(D)] (E) ANY REFERENCE IN THIS ACT TO THE PROVISIONS OF LAW
6 ON ANY SUBJECT SHALL APPLY TO STATUTES BECOMING EFFECTIVE AFTER
7 THE EFFECTIVE DATE OF THIS ACT AS WELL AS TO THOSE THEN IN
8 EXISTENCE.
9 [(E)] (F) SECTION HEADINGS SHALL NOT BE TAKEN TO GOVERN OR
10 LIMIT THE SCOPE OF THE SECTIONS OF THIS ACT. THE SINGULAR SHALL
11 INCLUDE THE PLURAL AND THE MASCULINE SHALL INCLUDE THE FEMININE
12 AND THE NEUTER.
13 SECTION 212. OFFICE OF ADMINISTRATIVE LAW JUDGE.--* * *
14 (C) ADMINISTRATIVE LAW JUDGES SHALL PRESIDE AT ALL
15 LICENSING, CITATION AND OTHER ENFORCEMENT HEARINGS REQUIRED OR
16 PERMITTED UNDER THIS ACT. AN ADMINISTRATIVE LAW JUDGE SHALL
17 RECUSE HIMSELF IN A LICENSING PROCEEDING IF THE LICENSEE OR
18 PROSPECTIVE LICENSEE CAN DEMONSTRATE THAT THE JUDGE HAS HEARD AN
19 ENFORCEMENT MATTER CONCERNING THE LICENSEE OR PROSPECTIVE
20 LICENSEE. AN ADMINISTRATIVE LAW JUDGE SHALL RECUSE HIMSELF IN AN
21 ENFORCEMENT PROCEEDING IF THE PERSON SUBJECT TO ENFORCEMENT CAN
22 DEMONSTRATE THAT THE JUDGE HAS HEARD A LICENSING MATTER
23 CONCERNING THE PERSON. ADMINISTRATIVE LAW JUDGES SHALL INFORM
24 PERSONS AND THEIR COUNSEL OF RECUSAL RIGHTS UNDER THIS
25 SUBSECTION.
26 * * *
27 [(H) NOTHING IN THIS SECTION OR THIS ACT SHALL BE CONSTRUED
28 OR INTENDED TO CHANGE OR AFFECT THE TERMS AND CONDITIONS OF
29 EMPLOYMENT OR THE EMPLOYMENT SECURITY OF HEARING EXAMINERS
30 EMPLOYED BY THE BOARD ON THE EFFECTIVE DATE OF THIS SECTION.]
19890H1946B4339 - 3 -
1 SECTION 402. LICENSE DISTRICTS; LICENSE YEAR; HEARINGS.--(A)
2 THE BOARD SHALL, BY REGULATION, DIVIDE THE STATE INTO CONVENIENT
3 LICENSE DISTRICTS AND SHALL HOLD HEARINGS ON APPLICATIONS FOR
4 LICENSES AND RENEWALS THEREOF, AS IT DEEMS NECESSARY, AT A
5 CONVENIENT PLACE OR PLACES IN EACH OF SAID DISTRICTS, AT SUCH
6 TIMES AS IT SHALL FIX, BY REGULATION, FOR THE PURPOSE OF HEARING
7 TESTIMONY FOR AND AGAINST APPLICATIONS FOR NEW LICENSES AND
8 RENEWALS THEREOF. THE BOARD SHALL HOLD A HEARING ON ANY
9 APPLICATION FOR A NEW HOTEL, CLUB OR RESTAURANT LIQUOR LICENSE
10 OR THE TRANSFER OF ANY SUCH LICENSE TO A NEW LOCATION, UPON THE
11 REQUEST OF ANY PERSON WITH STANDING TO TESTIFY UNDER SUBSECTION
12 (B) IF THE REQUEST IS FILED WITH THE BOARD WITHIN THE FIRST
13 FIFTEEN DAYS OF POSTING OF THE NOTICE OF APPLICATION PURSUANT TO
14 SECTION 403(G). THE BOARD [MAY] SHALL PROVIDE FOR THE HOLDING OF
15 SUCH HEARINGS BY [EXAMINERS LEARNED IN THE LAW, TO BE APPOINTED
16 BY THE GOVERNOR, WHO SHALL NOT BE SUBJECT TO THE "CIVIL SERVICE
17 ACT." SUCH EXAMINERS] ADMINISTRATIVE LAW JUDGES, WHO SHALL MAKE
18 A REPORT TO THE BOARD IN EACH CASE WITH THEIR RECOMMENDATIONS.
19 THE BOARD SHALL, BY REGULATION, FIX THE LICENSE YEAR FOR EACH
20 SEPARATE DISTRICT SO THAT THE EXPIRATION DATES SHALL BE UNIFORM
21 IN EACH OF THE SEVERAL DISTRICTS BUT STAGGERED AS TO THE STATE.
22 (B) WHERE A HEARING IS HELD IN THE CASE OF AN APPLICATION
23 FOR A NEW HOTEL, CLUB OR RESTAURANT LIQUOR LICENSE OR AN
24 APPLICATION FOR THE TRANSFER OF A HOTEL, CLUB OR RESTAURANT
25 LIQUOR LICENSE TO A NEW LOCATION, THE BOARD SHALL PERMIT
26 RESIDENTS RESIDING WITHIN A RADIUS OF FIVE HUNDRED FEET OF THE
27 PREMISES TO TESTIFY AT THE HEARING. THE BOARD AND ANY [HEARING
28 OFFICER] ADMINISTRATIVE LAW JUDGE THEREOF SHALL GIVE APPROPRIATE
29 EVIDENTIARY WEIGHT TO ANY TESTIMONY OF SUCH RESIDENTS GIVEN AT
30 THE HEARING.
19890H1946B4339 - 4 -
1 SECTION 433. PUBLIC SERVICE LICENSES.--THE BOARD MAY ISSUE
2 PUBLIC SERVICE MALT AND BREWED BEVERAGE LICENSES TO A RAILROAD,
3 PULLMAN OR STEAMSHIP COMPANY PERMITTING MALT OR BREWED BEVERAGES
4 TO BE SOLD AT RETAIL IN DINING, CLUB OR BUFFET CARS, OR THE
5 DINING COMPARTMENTS OF STEAMSHIPS OR VESSELS, FOR CONSUMPTION ON
6 THE TRAINS, STEAMSHIPS OR VESSELS WHEREVER OPERATED IN THE
7 STATE, EXCEPT WHEN STANDING IN STATIONS OR TERMINALS WITHIN A
8 MUNICIPALITY WHEREIN RETAIL SALES ARE PROHIBITED. SUCH LICENSES
9 SHALL ONLY BE GRANTED TO REPUTABLE PERSONS AND FOR FIT PLACES.
10 THE BOARD MAY ISSUE A MASTER LICENSE TO RAILROAD OR PULLMAN
11 COMPANIES TO COVER THE MAXIMUM NUMBER OF CARS WHICH THE COMPANY
12 SHALL ESTIMATE THAT IT WILL OPERATE WITHIN THE COMMONWEALTH ON
13 ANY ONE DAY. SUCH LICENSEES SHALL FILE MONTHLY REPORTS WITH THE
14 BOARD SHOWING THE MAXIMUM NUMBER OF CARS OPERATED AT ANY TIME ON
15 ANY DAY DURING THE PRECEDING MONTH, AND IF IT APPEARS THAT MORE
16 CARS HAVE BEEN OPERATED THAN COVERED BY ITS LICENSE IT SHALL
17 FORTHWITH REMIT TO THE BOARD THE SUM OF TEN DOLLARS FOR EACH
18 EXTRA CAR SO OPERATED. THE BOARD SHALL HAVE THE POWER TO SUSPEND
19 OR REVOKE ANY SUCH LICENSES FOR CAUSE AFTER GRANTING A HEARING
20 BEFORE [A HEARING EXAMINER TO THE LICENSEE] AN ADMINISTRATIVE
21 LAW JUDGE. ANY PERSON AGGRIEVED BY THE DECISION OF THE BOARD IN
22 REFUSING, SUSPENDING OR REVOKING ANY SUCH LICENSE MAY APPEAL TO
23 THE COMMONWEALTH COURT IN THE SAME MANNER AS PROVIDED IN THIS
24 ARTICLE FOR APPEALS FROM REFUSALS OF LICENSES.
25 Section 437. Prohibitions Against the Grant of Licenses.--*
26 * *
27 (f) No new distributor's or importing distributor's license
28 shall hereafter be granted by the board in any county of the
29 Commonwealth where the combined number of distributor and
30 importing distributor licenses exceeds one license for each
19890H1946B4339 - 5 -
1 [fifteen] thirty thousand inhabitants of the county in which the
2 license is to be issued: Provided, That a combined total of five
3 such licenses may be granted in any county of the Commonwealth.
4 Nothing in this subsection shall be construed as denying the
5 right of the board to renew or to transfer existing
6 distributors' or importing distributors' licenses or to exchange
7 a distributor's license for an importing distributor's license
8 or to exchange an importing distributor's license for a
9 distributor's license, upon adjustment of the applicable fee,
10 notwithstanding that the number of such licensed places in the
11 county shall exceed the limitation hereinbefore prescribed:
12 Provided, That no distributor's license or importing
13 distributor's license shall be transferred from one county to
14 another county so long as the quota is filled in the county to
15 which the license is proposed to be transferred.
16 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
17 SECTION 447. PRICE CHANGES OF MALT AND BREWED BEVERAGES.--
18 (A) (1) THE PURPOSE OF THIS SECTION IS TO REGULATE THE MANNER
19 IN WHICH PRICES OF MALT OR BREWED BEVERAGES IS CHANGED BY THE
20 MANUFACTURERS, IMPORTING DISTRIBUTORS AND OTHER DISTRIBUTORS,
21 AND TO PROVIDE FOR THE RETENTION AND THE FURNISHING OF RECORDS
22 OF PRICE CHANGES BY SUCH MANUFACTURERS, IMPORTING DISTRIBUTORS
23 AND DISTRIBUTORS.
24 (2) ANY MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR
25 WHO REDUCES THE PRICE ON ANY PACKAGE OF ANY BRAND OF MALT OR
26 BREWED BEVERAGES SOLD FOR RESALE WITHIN THIS COMMONWEALTH MAY
27 FURTHER REDUCE THE PRICE AT ANY TIME, BUT ANY REDUCTION SHALL
28 CONTINUE IN FULL FORCE AND EFFECT FOR AT LEAST ONE HUNDRED
29 EIGHTY DAYS FROM THE DATE ON WHICH THE LAST SUCH REDUCED PRICE
30 BECOMES EFFECTIVE, EXCEPT FOR THE MEETING OF COMPETITION AS SET
19890H1946B4339 - 6 -
1 FORTH IN PARAGRAPH (B). HOWEVER, SUCH REDUCED PRICE MAY BE
2 INCREASED DURING SUCH ONE HUNDRED EIGHTY-DAY PERIOD TO REFLECT
3 ANY TAX INCREASE ON MALT OR BREWED BEVERAGES.
4 (3) IF A MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR
5 OF MALT OR BREWED BEVERAGES LOWERS THE WHOLESALE PRICE ON ANY
6 PACKAGE OF ANY BRAND OF MALT OR BREWED BEVERAGES TO ONE
7 IMPORTING DISTRIBUTOR OR DISTRIBUTOR OR RETAIL LICENSEE WITHIN
8 THIS COMMONWEALTH, THE MANUFACTURER, IMPORTING DISTRIBUTOR OR
9 DISTRIBUTOR SHALL LOWER THE WHOLESALE PRICE ON SUCH PACKAGE OF
10 SUCH BRAND OFFERED OR SOLD TO ALL OTHER IMPORTING DISTRIBUTORS
11 OR DISTRIBUTORS OR RETAIL LICENSEES WITHIN THIS COMMONWEALTH BY
12 A LIKE AMOUNT. ANY IMPORTING DISTRIBUTOR OR DISTRIBUTOR WHO
13 LOWERS THE WHOLESALE PRICE ON ANY PACKAGE OF ANY BRAND OF MALT
14 OR BREWED BEVERAGES SHALL FILE A NOTICE OF THE LOWERED PRICE
15 WITH THE COMMONWEALTH NO LATER THAN SEVEN DAYS OF SUCH CHANGE
16 AND RETAIN A RECORD OF THE LOWERED PRICE FOR AT LEAST TWO YEARS
17 FROM THE DATE OF FILING. IF SUCH MANUFACTURER, IMPORTING
18 DISTRIBUTOR OR DISTRIBUTOR, HAVING LOWERED THE WHOLESALE PRICE
19 ON A PACKAGE OF A BRAND PURSUANT TO THIS SECTION, SUBSEQUENTLY
20 RAISES THE WHOLESALE PRICE ON SUCH PACKAGE OF SUCH BRAND TO ONE
21 IMPORTING DISTRIBUTOR, OR DISTRIBUTOR OR RETAIL LICENSEE WITHIN
22 THIS COMMONWEALTH, SUCH MANUFACTURER, IMPORTING DISTRIBUTOR OR
23 DISTRIBUTOR SHALL RAISE THE WHOLESALE PRICE ON SUCH PACKAGE OF
24 SUCH BRAND OFFERED OR SOLD TO ALL OTHER IMPORTING DISTRIBUTORS
25 OR DISTRIBUTORS OR RETAIL LICENSEES WITHIN THIS COMMONWEALTH BY
26 A LIKE AMOUNT.
27 (4) NO IMPORTING DISTRIBUTOR OR DISTRIBUTOR SHALL BE
28 REQUIRED BY ANY MANUFACTURER OR IMPORTING DISTRIBUTOR TO REDUCE
29 THE RESALE PRICE OF ANY PACKAGE OF ANY BRAND OF MALT OR BREWED
30 BEVERAGES BY AN AMOUNT GREATER THAN THE AMOUNT BY WHICH SUCH
19890H1946B4339 - 7 -
1 MANUFACTURER OR IMPORTING DISTRIBUTOR HAS REDUCED THE WHOLESALE
2 PRICE ON SUCH PACKAGE OF SUCH BRAND TO SUCH IMPORTING
3 DISTRIBUTOR OR DISTRIBUTOR.
4 (5) EVERY IMPORTING DISTRIBUTOR AND DISTRIBUTOR RECEIVING A
5 PRICE REDUCTION ON ANY PACKAGE OF ANY BRAND OF MALT OR BREWED
6 BEVERAGES PURSUANT TO THIS SECTION SHALL REDUCE HIS PRICE BY A
7 LIKE AMOUNT TO ALL CLASSES OF CUSTOMERS.
8 (6) MANUFACTURERS OF MALT OR BREWED BEVERAGES SHALL NOTIFY
9 IMPORTING DISTRIBUTORS AND DISTRIBUTORS, IN WRITING, OF ANY
10 PRICE REDUCTIONS, PRICES ON NEWLY INTRODUCED BRAND OR PACKAGES
11 AND SUBSEQUENT INCREASES AFTER EXPIRATION OF ONE HUNDRED EIGHTY
12 DAYS, IF ANY, AT LEAST FIFTEEN DAYS IN ADVANCE OF SUCH PRICE
13 CHANGES.
14 (B) IF A MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR
15 HAS REDUCED THE WHOLESALE PRICE ON ANY PACKAGE OF ANY BRAND OF
16 MALT OR BREWED BEVERAGES, ANY OTHER MANUFACTURER, IMPORTING
17 DISTRIBUTOR OR DISTRIBUTOR MAY REDUCE THE WHOLESALE PRICE ON THE
18 SAME OR SIMILAR PACKAGE OF SUCH BRAND IN ORDER TO MEET
19 COMPETITION. SUCH PRICE REDUCTION SHALL BE NO GREATER THAN THE
20 PRICE REDUCTION BEING MET. ALL SUCH PRICE REDUCTIONS TO MEET
21 COMPETITION SHALL CONTINUE IN FULL FORCE AND EFFECT FOR THE
22 BALANCE OF THE ONE HUNDRED EIGHTY-DAY PERIOD DURING WHICH THE
23 PRICE REDUCTION BEING MET IS REQUIRED TO REMAIN IN FULL FORCE
24 AND EFFECT.
25 (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE
26 BOARD SHALL HAVE THE AUTHORITY, UPON APPLICATION BY A
27 MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR TO PERMIT
28 SUCH MANUFACTURER, IMPORTING DISTRIBUTOR OR DISTRIBUTOR TO
29 CHANGE THE PRICE WITHIN A TIME PERIOD OF LESS THAN ONE HUNDRED
30 EIGHTY DAYS FROM WHEN THE PRICE WENT INTO EFFECT UPON AN
19890H1946B4339 - 8 -
1 APPROPRIATE SHOWING THAT MARKET CONDITIONS WARRANT A CHANGE IN
2 PRICE.
3 SECTION 3. SECTIONS 461(A) AND 464 OF THE ACT ARE AMENDED TO
4 READ:
5 Section 461. Limiting Number of Retail Licenses To Be Issued
6 In Each Municipality.--(a) No licenses shall hereafter be
7 granted by the board for the retail sale of malt or brewed
8 beverages or the retail sale of liquor and malt or brewed
9 beverages in excess of one of such licenses of any class for
10 each [two thousand] three thousand inhabitants in any
11 municipality, exclusive of licenses granted to airport
12 restaurants, municipal golf courses, hotels, privately-owned
13 public golf courses, as defined in this section, and clubs; but
14 at least one such license may be granted in each municipality
15 and in each part of a municipality where such municipality is
16 split so that each part thereof is separated by another
17 municipality, except in municipalities where the electors have
18 voted against the granting of any retail licenses and except in
19 that part of a split municipality where the electors have voted
20 against the granting of any retail licenses. Nothing contained
21 in this section shall be construed as denying the right to the
22 board to renew or to transfer existing retail licenses of any
23 class notwithstanding that the number of such licensed places in
24 a municipality shall exceed the limitation hereinbefore
25 prescribed; but where such number exceeds the limitation
26 prescribed by this section, no new license, except for hotels,
27 municipal golf courses, airport restaurants, privately-owned
28 public golf courses and privately-owned private golf course
29 licensees, as defined in this section, shall be granted so long
30 as said limitation is exceeded.
19890H1946B4339 - 9 -
1 * * *
2 SECTION 464. HEARINGS UPON REFUSAL OF LICENSES, RENEWALS OR <--
3 TRANSFERS; APPEALS.--THE BOARD MAY OF ITS OWN MOTION, AND SHALL
4 UPON THE WRITTEN REQUEST OF ANY APPLICANT FOR CLUB, HOTEL OR
5 RESTAURANT LIQUOR LICENSE, OR ANY APPLICANT FOR ANY MALT OR
6 BREWED BEVERAGE LICENSE OTHER THAN A PUBLIC SERVICE LICENSE, OR
7 FOR RENEWAL OR TRANSFER THEREOF, WHOSE APPLICATION FOR SUCH
8 LICENSE, RENEWAL OR TRANSFER HAS BEEN REFUSED, FIX A TIME AND
9 PLACE FOR HEARING OF SUCH APPLICATION FOR LICENSE OR FOR RENEWAL
10 OR TRANSFER THEREOF, NOTICE OF WHICH HEARING SHALL BE MAILED TO
11 THE APPLICANT AT THE ADDRESS GIVEN IN HIS APPLICATION. SUCH
12 HEARING SHALL BE BEFORE [A HEARING EXAMINER DESIGNATED BY THE
13 BOARD] AN ADMINISTRATIVE LAW JUDGE. AT SUCH HEARING, THE BOARD
14 SHALL PRESENT ITS REASONS FOR ITS REFUSAL OR WITHHOLDING OF
15 LICENSE, RENEWAL OR TRANSFER THEREOF. THE APPLICANT MAY APPEAR
16 IN PERSON OR BY COUNSEL, MAY CROSS-EXAMINE THE WITNESSES FOR THE
17 BOARD AND MAY PRESENT EVIDENCE WHICH SHALL LIKEWISE BE SUBJECT
18 TO CROSS-EXAMINATION BY THE BOARD. SUCH HEARING SHALL BE
19 STENOGRAPHICALLY RECORDED. THE [EXAMINER] ADMINISTRATIVE LAW
20 JUDGE SHALL THEREAFTER MAKE A REPORT, INCLUDING THE JUDGE'S
21 RECOMMENDATION, TO THE BOARD [UPON SUCH HEARING] IN EACH CASE.
22 THE BOARD SHALL THEREUPON GRANT OR REFUSE THE LICENSE, RENEWAL
23 OR TRANSFER THEREOF. IN CONSIDERING THE RENEWAL OF A LICENSE,
24 THE BOARD SHALL NOT REFUSE ANY SUCH RENEWAL ON THE BASIS OF THE
25 PROPRIETY OF THE ORIGINAL ISSUANCE OR ANY PRIOR RENEWAL OF SUCH
26 LICENSE. IF THE BOARD SHALL REFUSE SUCH LICENSE, RENEWAL OR
27 TRANSFER FOLLOWING SUCH HEARING, NOTICE IN WRITING OF SUCH
28 REFUSAL SHALL BE MAILED TO THE APPLICANT AT THE ADDRESS GIVEN IN
29 HIS APPLICATION. IN ALL SUCH CASES, THE BOARD SHALL FILE OF
30 RECORD AT LEAST A BRIEF STATEMENT IN THE FORM OF AN OPINION OF
19890H1946B4339 - 10 -
1 THE REASONS FOR THE RULING OR ORDER AND FURNISH A COPY THEREOF
2 TO THE APPLICANT. ANY APPLICANT WHO HAS APPEARED AT ANY HEARING,
3 AS ABOVE PROVIDED, WHO IS AGGRIEVED BY THE REFUSAL OF THE BOARD
4 TO ISSUE ANY SUCH LICENSE OR TO RENEW OR TRANSFER ANY SUCH
5 LICENSE MAY APPEAL, OR ANY CHURCH, HOSPITAL, CHARITABLE
6 INSTITUTION, SCHOOL OR PUBLIC PLAYGROUND LOCATED WITHIN THREE
7 HUNDRED FEET OF THE PREMISES APPLIED FOR, AGGRIEVED BY THE
8 ACTION OF THE BOARD IN GRANTING THE ISSUANCE OF ANY SUCH LICENSE
9 OR THE TRANSFER OF ANY SUCH LICENSE, MAY TAKE AN APPEAL LIMITED
10 TO THE QUESTION OF SUCH GRIEVANCE, WITHIN TWENTY DAYS FROM DATE
11 OF REFUSAL OR GRANT, TO THE COURT OF COMMON PLEAS OF THE COUNTY
12 IN WHICH THE PREMISES APPLIED FOR IS LOCATED. SUCH APPEAL SHALL
13 BE UPON PETITION OF THE AGGRIEVED PARTY, WHO SHALL SERVE A COPY
14 THEREOF UPON THE BOARD, WHEREUPON A HEARING SHALL BE HELD UPON
15 THE PETITION BY THE COURT UPON TEN DAYS' NOTICE TO THE BOARD.
16 THE SAID APPEAL SHALL ACT AS A SUPERSEDEAS UNLESS UPON
17 SUFFICIENT CAUSE SHOWN THE COURT SHALL DETERMINE OTHERWISE. THE
18 COURT SHALL HEAR THE APPLICATION DE NOVO ON QUESTIONS OF FACT,
19 ADMINISTRATIVE DISCRETION AND SUCH OTHER MATTERS AS ARE
20 INVOLVED, AT SUCH TIME AS IT SHALL FIX, OF WHICH NOTICE SHALL BE
21 GIVEN TO THE BOARD. THE COURT SHALL EITHER SUSTAIN OR OVER-RULE
22 THE ACTION OF THE BOARD AND EITHER ORDER OR DENY THE ISSUANCE OF
23 A NEW LICENSE OR THE RENEWAL OR TRANSFER OF THE LICENSE TO THE
24 APPLICANT.
25 Section 2 4. The act is amended by adding a section to read: <--
26 Section 472.4. Privately-Owned Public Golf Courses.--(a)
27 Any privately-owned public golf course licensee may, upon
28 application to and the approval of the board, contract with a
29 concessionaire to operate a restaurant or provide food service
30 and, in the case of a restaurant liquor licensee, sell liquor
19890H1946B4339 - 11 -
1 and malt and brewed beverages or, in the case of a malt and
2 brewed beverage dispenser licensee, sell malt and brewed
3 beverages pursuant to the provisions of this act pertaining to
4 such licensees.
5 (b) The board shall approve the application of any
6 privately-owned public golf course licensee to contract with a
7 concessionaire pursuant to subsection (a) upon being satisfied
8 that the concessionaire is of good repute and financially
9 responsible.
10 Section 3 5. Section 493 of the act is amended by adding a <--
11 clause to read:
12 Section 493. Unlawful Acts Relative to Liquor, Malt and
13 Brewed Beverages and Licensees.--The term "licensee," when used
14 in this section, shall mean those persons licensed under the
15 provisions of Article IV, unless the context clearly indicates
16 otherwise.
17 It shall be unlawful--
18 * * *
19 (28) Consumption of Liquor or Malt or Brewed Beverages While
20 Tending Bar. For any licensee, his servants, agents or employes,
21 to consume liquor or malt or brewed beverages while tending bar
22 or otherwise serving liquor or malt or brewed beverages. No
23 action shall be taken against a licensee under this clause
24 unless the licensee is the individual consuming liquor or malt
25 or brewed beverages in violation of this clause.
26 Section 4 6. The act is amended by adding a section to read: <--
27 Section 499. Premises to be Vacated by Patrons.--(a) Except
28 as provided for in subsection (b), all patrons of a licensee
29 shall be required to leave that part of the premises habitually
30 used for the serving of food LIQUOR OR MALT OR BREWED BEVERAGES <--
19890H1946B4339 - 12 -
1 to guests or patrons not later than one-half hour after the time
2 the licensee is required by this act to cease serving liquor or
3 malt or brewed beverages, and shall not be permitted to have any
4 previously served liquor or malt or brewed beverages in their
5 possession, nor shall they be permitted to remove any previously
6 served liquor or malt or brewed beverages from that part of the
7 premises.
8 (b) A licensee may serve food between the hours of two
9 o'clock antemeridian and seven o'clock antemeridian on any day
10 if such licensee either possesses or is eligible to purchase a
11 Sunday Sales Permit in accordance with section 406 (relating to
12 sales by liquor licensees, restrictions), and receives an
13 extended hours food license. The board shall establish an annual
14 fee for the extended hours food license which shall not exceed
15 $50. FIFTY DOLLARS ($50). <--
16 (c) Any owner of licensed premises who violates this section
17 for the first offense commits a summary offense and shall, upon
18 conviction, be sentenced to pay a fine of not more than three
19 hundred dollars ($300) or to imprisonment for not more than
20 ninety (90) days, or both, and for the second or any subsequent
21 offense commits a misdemeanor of the third degree and shall,
22 upon conviction, be sentenced to pay a fine of not more than two
23 thousand five hundred dollars ($2,500) or to imprisonment for
24 not more than one (1) year, or both.
25 Section 5. This act shall take effect in 60 days. <--
26 SECTION 7. SECTION 507 OF THE ACT IS AMENDED TO READ: <--
27 SECTION 507. HEARINGS ON LICENSES AND REFUSALS.--(A) THE
28 BOARD MAY OF ITS OWN MOTION, AND SHALL UPON THE WRITTEN REQUEST
29 OF THE ENFORCEMENT BUREAU OR OF ANY APPLICANT FOR LICENSE OR FOR
30 RENEWAL THEREOF WHOSE APPLICATION FOR SUCH LICENSE OR RENEWAL
19890H1946B4339 - 13 -
1 HAS BEEN REFUSED, FIX A TIME AND PLACE FOR HEARING OF SUCH
2 APPLICATION OR RENEWAL, NOTICE OF WHICH HEARING SHALL BE SENT TO
3 THE BUREAU AND TO THE APPLICANT, BY REGISTERED MAIL, AT THE
4 ADDRESS GIVEN IN HIS APPLICATION. SUCH HEARING SHALL BE BEFORE
5 [THE BOARD, A MEMBER THEREOF, OR] AN [EXAMINER DESIGNATED BY THE
6 BOARD] ADMINISTRATIVE LAW JUDGE.
7 (B) AT SUCH HEARING, THE BOARD SHALL PRESENT ITS REASONS FOR
8 ITS REFUSAL OR WITHHOLDING OF SUCH LICENSE OR RENEWAL THEREOF OR
9 THE BUREAU SHALL PRESENT ITS OBJECTIONS TO THE GRANTING OR
10 RENEWAL OF THE LICENSE, AS THE CASE MAY BE. THE APPLICANT MAY
11 APPEAR IN PERSON OR BY COUNSEL, MAY CROSS-EXAMINE THE WITNESSES
12 FOR THE BOARD OR THE BUREAU, AND MAY PRESENT EVIDENCE WHICH
13 SHALL LIKEWISE BE SUBJECT TO CROSS-EXAMINATION BY THE BOARD OR
14 THE BUREAU. SUCH HEARING SHALL BE STENOGRAPHICALLY RECORDED. THE
15 [EXAMINER] ADMINISTRATIVE LAW JUDGE SHALL THEREAFTER MAKE A
16 REPORT, INCLUDING THE JUDGE'S RECOMMENDATION, TO THE BOARD IN
17 EACH CASE. THE BOARD SHALL THEREAFTER GRANT OR REFUSE THE
18 LICENSE OR RENEWAL THEREOF.
19 (C) HEARINGS AND ADJUDICATIONS PURSUANT TO THIS SECTION
20 SHALL BE IN ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A (RELATING
21 TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES).
22 SECTION 8. BY NOVEMBER 13, 1991, THE PENNSYLVANIA LIQUOR
23 CONTROL BOARD SHALL DEPOSIT WITH THE LEGISLATIVE REFERENCE
24 BUREAU A NOTICE EXPLAINING THE IMPLEMENTATION OF THIS ACT.
25 SECTION 9. UPON APPROVAL OF THE PENNSYLVANIA LIQUOR CONTROL
26 BOARD, EQUIPMENT, MATERIALS AND FUNDS UTILIZED IN CONNECTION
27 WITH THE FUNCTIONS OF HEARING EXAMINERS ARE TRANSFERRED TO THE
28 OFFICE OF ADMINISTRATIVE LAW JUDGE.
29 SECTION 10. HEARING EXAMINERS SHALL HAVE 30 DAYS FOLLOWING
30 THE EFFECTIVE DATE OF THIS SECTION TO COMPLETE WORK ON HEARINGS
19890H1946B4339 - 14 -
1 CONDUCTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
2 SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
3 (1) SECTIONS 1 (SECTIONS 212, 402, AND 433), 3 (SECTION
4 464), 7 (SECTION 507), 9 AND 10 SHALL TAKE EFFECT JANUARY 1,
5 1992.
6 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
7 DAYS.
8 SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
9 (1) SECTIONS 1 (SECTION 104), 2 (SECTION 447) AND THIS
10 SECTION SHALL TAKE EFFECT IMMEDIATELY.
11 (2) SECTIONS 1 (SECTIONS 212, 402 AND 433), 3 (SECTION
12 464), 7 (SECTION 507), 9 AND 10 SHALL TAKE EFFECT JANUARY 1, <--
13 JUNE 30, 1992.
14 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
15 DAYS.
F22L47JS/19890H1946B4339 - 15 -