Bill Text: PA HB353 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for municipal authority to establish maximum saturation ratios for licensed establishments.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2011-02-01 - Referred to LIQUOR CONTROL [HB353 Detail]

Download: Pennsylvania-2011-HB353-Introduced.html

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PRINTER'S NO. 318
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 353 Session of2011
INTRODUCED BY READSHAW, WAGNER, MUSTIO, CALTAGIRONE, D. COSTA, DeLUCA, KORTZ, KULA, MILLARD AND M. O'BRIEN, FEBRUARY 1, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 1, 2011
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,"
providing for municipal authority to establish maximum
saturation ratios for licensed establishments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 404 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 January 6, 2006 (P.L.1, No.1),
is amended to read:
Section 404. Issuance, Transfer or Extension of Hotel,
Restaurant and Club Liquor Licenses.--Upon receipt of the
application and the proper fees, and upon being satisfied of the
truth of the statements in the application that the applicant is
the only person in any manner pecuniarily interested in the
business so asked to be licensed and that no other person will
be in any manner pecuniarily interested therein during the
continuance of the license, except as hereinafter permitted, and
that the applicant is a person of good repute, that the premises
applied for meet all the requirements of this act and the
regulations of the board, that the applicant seeks a license for
a hotel, restaurant or club, as defined in this act, and that
the issuance of such license is not prohibited by any of the
provisions of this act, the board shall, in the case of a hotel
or restaurant, grant and issue to the applicant a liquor
license, and in the case of a club may, in its discretion, issue
or refuse a license: Provided, however, That in the case of any
new license or the transfer of any license to a new location or
the extension of an existing license to cover an additional area
the board may, in its discretion, grant or refuse such new
license, transfer or extension if such place proposed to be
licensed is within three hundred feet of any church, hospital,
charitable institution, school, or public playground, or if such
new license, transfer or extension is applied for a place which
is within two hundred feet of any other premises which is
licensed by the board: And provided further, That the board's
authority to refuse to grant a license because of its proximity
to a church, hospital, charitable institution, public playground
or other licensed premises shall not be applicable to license
applications submitted for public venues or performing arts
facilities: And provided further, That the board shall refuse
any application for a new license, the transfer of any license
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to a new location or the extension of an existing license to
cover an additional area if, in the board's opinion, such new
license, transfer or extension would be detrimental to the
welfare, health, peace and morals of the inhabitants of the
neighborhood within a radius of five hundred feet of the place
proposed to be licensed: And provided further, That the board
shall have the discretion to refuse a license to any person or
to any corporation, partnership or association if such person,
or any officer or director of such corporation, or any member or
partner of such partnership or association shall have been
convicted or found guilty of a felony within a period of five
years immediately preceding the date of application for the said
license. The board shall refuse any application for a new
license, the transfer of any license to a new location or the
extension of any license to cover an additional area where the
sale of liquid fuels or oil is conducted. All issuances,
transfers or extensions under this section shall be subject to
any maximum saturation ratio established under section 493.1(a).
The board may enter into an agreement with the applicant
concerning additional restrictions on the license in question.
If the board and the applicant enter into such an agreement,
such agreement shall be binding on the applicant. Failure by the
applicant to adhere to the agreement will be sufficient cause to
form the basis for a citation under section 471 and for the
nonrenewal of the license under section 470. If the board enters
into an agreement with an applicant concerning additional
restrictions, those restrictions shall be binding on subsequent
holders of the license until the license is transferred to a new
location or until the board enters into a subsequent agreement
removing those restrictions. If the application in question
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involves a location previously licensed by the board, then any
restrictions imposed by the board on the previous license at
that location shall be binding on the applicant unless the board
enters into a new agreement rescinding those restrictions. The
board may, in its discretion, refuse an application for an
economic development license under section 461(b.1) or an
application for an intermunicipal transfer of a license if the
board receives a protest from the governing body of the
receiving municipality. The receiving municipality of an
intermunicipal transfer or an economic development license under
section 461(b.1) may file a protest against the transfer of a
license into its municipality, and the receiving municipality
shall have standing in a hearing to present testimony in support
of or against the issuance or transfer of a license. Upon any
opening in any quota, an application for a new license shall
only be filed with the board for a period of six months
following said opening.
Section 2. Section 461(b.3) of the act, amended November 29,
2006 (P.L.1421, No.155), is amended to read:
Section 461. Limiting Number of Retail Licenses To Be Issued
In Each County.--* * *
(b.3) An intermunicipal transfer of a license or issuance of
a license for economic development under subsection (b.1)(2)(i)
must first be approved by the governing body of the receiving
municipality when the total number of existing restaurant liquor
licenses and eating place retail dispenser licenses in the
receiving municipality equal or exceed one license per three
thousand inhabitants. An intramunicipal transfer of a license or
issuance of a license for economic development under subsection
(b.1)(2)(i) must first be approved by the governing body of the
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municipality if the municipality has created a maximum
saturation ratio pursuant to section 493.1(a) and the saturation
level is met or exceeded. Upon request for approval of an
intermunicipal transfer of a license or issuance 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 transfer a license into the municipality or 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 intermunicipal transfer of a license or issuance of an
economic development license. The municipality may approve the
request. A decision by the governing body of the municipality to
deny the request may not be appealed. A copy of the approval
must be submitted with the license application. The approval
requirement shall not apply to licenses transferred into a tax
increment district created pursuant to the act of July 11, 1990
(P.L.465, No.113), known as the "Tax Increment Financing Act,"
located in a township of the second class that is located within
a county of the second class if the district was created prior
to December 31, 2002, and the governing body of the township has
adopted an agreement at a public meeting that consents to the
transfer of licenses into the tax increment district. 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
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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.
* * *
Section 3. Section 493.1(a) of the act, amended December 9,
2002 (P.L.1653, No.212), is amended to read:
Section 493.1. Rights of Municipalities Preserved.--(a)
Nothing in this act shall be construed to preempt the right of
any municipality to regulate zoning and enforce any other local
ordinances and codes dealing with health and welfare issues.
Further, a municipality may, in any zoning district where
licensed facilities are permitted, establish a maximum
saturation ratio for licensed establishments taking into account
one or more of the following: type of licensed use, type of
zoning district, the current saturation rate and the size of the
zoning district.
* * *
Section 4. This act shall take effect in 60 days.
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