Bill Text: PA HB1622 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for limited number of retail licenses to be issued in each county.

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Introduced - Dead) 2009-06-05 - Referred to LIQUOR CONTROL [HB1622 Detail]

Download: Pennsylvania-2009-HB1622-Introduced.html

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PRINTER'S NO. 2020
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1622 Session of2009
INTRODUCED BY GROVE, DePASQUALE, GILLESPIE, MILLER, SAYLOR, CALTAGIRONE, DENLINGER, DONATUCCI, HENNESSEY, O'NEILL, SIPTROTH AND VULAKOVICH, JUNE 5, 2009
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 5, 2009
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "An act relating to alcoholic liquors, alcohol and
malt and brewed beverages; amending, revising, consolidating
and changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws,"
further providing for limited number of retail licenses to be
issued in each county.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 461(b.1) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, reenacted and amended
June 29, 1987 (P.L.32, No.14) and amended November 29, 2006
(P.L.421, No.155), is amended to read:
Section 461. Limiting Number of Retail Licenses To Be Issued
In Each County.--* * *
(b.1) The board may issue restaurant and eating place retail
dispenser licenses and renew licenses issued under this
subsection without regard to the quota restrictions set forth in
subsection (a) for the purpose of economic development in a
municipality under the following conditions:
(1) A license may only be issued under this subsection if
the applicant has exhausted reasonable means for obtaining a
suitable license within the county.
(2) The proposed licensed premises must be located within
either of the following:
(i) A keystone opportunity zone established under the
authority of the act of October 6, 1998 (P.L.705, No.92), known
as the "Keystone Opportunity Zone and Keystone Opportunity
Expansion Zone Act," or an area designated as an enterprise zone
by the Department of Community and Economic Development.
(ii) A municipality in which the issuance of a restaurant or
eating place retail dispenser license has been approved by the
governing body of the municipality for the purpose of local
economic development. Upon request for approval of an economic
development license by an applicant, at least one public hearing
shall be held by the municipal governing body for the purpose of
receiving comments and recommendations of interested individuals
residing within the municipality concerning the applicant's
intent to acquire an economic development license from the
Pennsylvania Liquor Control Board. The governing body shall,
within forty-five days of a request for approval, render a
decision by ordinance or resolution to approve or disapprove the
applicant's request for an economic development license. If the
municipality finds that the issuance of the license would
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promote economic development, it may approve the request. A
decision by the governing body of the municipality to deny the
request may not be appealed to the court of common pleas in the
county in which the municipality is located. A copy of the
approval must be submitted with the license application. Failure
by the governing body of the municipality to render a decision
within forty-five days of the applicant's request for approval
shall be deemed an approval of the application in terms as
presented unless the governing body has notified the applicant
in writing of their election for an extension of time not to
exceed sixty days. Failure by the governing body of the
municipality to render a decision within the extended time
period shall be deemed an approval of the application in terms
as presented.
(3) The board may issue no more than [two] six licenses
total in each county of the first through fourth class and no
more than [one license] three licenses total in each county of
the fifth through eighth class per calendar year.
(4) An applicant under this subsection shall be required to
sell food and nonalcoholic beverages equal to seventy per centum
(70%) or more of its combined gross sales of food and alcoholic
beverages.
(5) In addition to renewal and license fees provided under
existing law for the type of license issued, an applicant shall
be required to pay an initial application surcharge as follows:
(i) Fifty thousand dollars ($50,000) if the licensed
premises is located in a county of the first through fourth
class.
(ii) Twenty-five thousand dollars ($25,000) if the licensed
premises is located in a county of the fifth through eighth
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class.
(iii) The initial application surcharge minus a seven
hundred dollar ($700) processing fee shall be refunded to the
applicant if the board refuses to issue a provisional license
under subsection (b.2). Otherwise, the initial application
surcharge minus a seven hundred dollar ($700) processing fee
shall be credited to The State Stores Fund. The processing fee
shall be treated as an application filing fee as prescribed in
section 614-A(1)(i) of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929."
(6) A license issued under this subsection and a provisional
license issued under subsection (b.2) shall be nontransferable
with regard to ownership or location.
(7) An appeal of the board's decision refusing to grant or
renew a license under this subsection shall not act as a
supersedeas of the decision of the board if the decision is
based, in whole or in part, on the licensee's failure to
demonstrate that its food and nonalcoholic beverages were at
least seventy per centum (70%) of its combined gross sales of
food and alcoholic beverages.
(8) A license issued under this subsection may not be
validated or renewed unless the licensee can establish that its
sale of food and nonalcoholic beverages during the license year
immediately preceding application for validation or renewal is
equal to seventy per centum (70%) or more of its food and
alcoholic beverage sales.
* * *
Section 2. This act shall take effect in 60 days.
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