Bill Text: PA HB82 | 2011-2012 | Regular Session | Introduced

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Bill Title: In licenses and regulations, further providing for issuance, transfer or extension of hotel, restaurant and club liquor licenses.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-01-19 - Referred to LIQUOR CONTROL [HB82 Detail]

Download: Pennsylvania-2011-HB82-Introduced.html

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PRINTER'S NO. 41
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 82 Session of2011
INTRODUCED BY THOMAS, BISHOP, CALTAGIRONE, READSHAW, M. O'BRIEN AND WAGNER, JANUARY 19, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 19, 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," in
licenses and regulations, further providing for issuance,
transfer or extension of hotel, restaurant and club liquor
licenses.
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.--(a) Upon receipt of the
application and the proper fees, and upon being satisfied of the
truth of the statements in the application that:
(1) 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];
(2) the applicant is a person of good repute[, that];
(3) the premises applied for meet all the requirements of
this act and the regulations of the board[, that];
(4) the applicant seeks a license for a hotel, restaurant or
club, as defined in this act[, and that]; and
(5) 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].
(b) In the case of any new license or the transfer of any
license to another person, 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:
(1) such place proposed to be licensed is within three
hundred feet of any church, hospital, charitable institution,
school, or public playground[, or if]; or
(2) 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
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the].
(c) 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] under
subsection (b)(1) shall not be applicable to license
applications submitted for public venues or performing arts
facilities[: And provided further, That the].
(d) The board shall refuse any application for a new
license, the transfer of any license to another person, 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].
(e) 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.
(f) The board shall refuse any application for a new
license, the transfer of any license to another person, a new
location or the extension of any license to cover an additional
area where the sale of liquid fuels or oil is conducted.
(g) (1) 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.
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(2) 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.
(3) 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 another person, a new location or until the
board enters into a subsequent agreement removing those
restrictions.
(4) If the application in question 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.
(h) 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.
(i) 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. This act shall take effect in 60 days.
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