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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, FARRY, O'NEILL, GABLER, HARKINS, HENNESSEY, MURT, PYLE, RAPP, READSHAW, ROAE, K. SMITH AND STABACK, FEBRUARY 8, 2011 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 8, 2011 |
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| AN ACT |
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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 limiting number of retail licenses to |
18 | be issued in each county. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 461(a) of the act of April 12, 1951 |
22 | (P.L.90, No.21), known as the Liquor Code, reenacted and amended |
23 | June 29, 1987 (P.L.32, No.14) and amended February 21, 2002 |
24 | (P.L.103, No.10), is amended to read: |
25 | Section 461. Limiting Number of Retail Licenses To Be Issued |
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1 | In Each County.--(a) No additional restaurant, eating place |
2 | retail dispenser or club licenses shall be issued within a |
3 | county if the total number of restaurant and eating place retail |
4 | dispenser licenses is greater than one license for each three |
5 | thousand inhabitants in the county, except the board may issue |
6 | licenses to public venues, performing arts facilities, |
7 | continuing care retirement communities, airport restaurants, |
8 | municipal golf courses, hotels, privately-owned private golf |
9 | courses, privately-owned public golf courses, racetracks, |
10 | automobile racetracks, nonprimary pari-mutuel wagering locations |
11 | and to any other entity which this act specifically exempts from |
12 | the limitations provided in this section, and the board may |
13 | issue a license to a club situated in a borough having a |
14 | population less than eight thousand inhabitants which is located |
15 | in a county of the second class A whose application is filed on |
16 | or before February 28, 2001. Furthermore, the board may issue a |
17 | club license to a volunteer fire company regardless of the |
18 | number of restaurant and eating place retail dispenser licenses |
19 | already issued in that county. In addition, the board may issue |
20 | an eating place retail dispenser license for on-premises sales |
21 | only to the owner or operator of a facility having a minimum of |
22 | a one-half mile asphalt track and having a permanent seating |
23 | capacity of at least six thousand people used principally for |
24 | holding automobile races, regardless of the number of restaurant |
25 | and eating place retail dispenser licenses already issued in |
26 | that county. When determining the number of restaurant and |
27 | eating place retail dispenser licenses issued in a county for |
28 | the purposes of this section, licenses exempted from this |
29 | limitation and club licenses shall not be considered. |
30 | Inhabitants of dry municipalities shall be considered when |
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1 | determining the population in a county. Licenses shall not be |
2 | issued or transferred into municipalities where such licenses |
3 | are prohibited pursuant to local referendum in accordance with |
4 | section 472. Licenses approved for intermunicipal transfer may |
5 | not be transferred from the receiving municipality for a period |
6 | of five years after the date that the licensed premises are |
7 | operational in the receiving municipality. |
8 | * * * |
9 | Section 2. This act shall take effect in 60 days. |
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