THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CLYMER, BAKER, BOYD, COX, CREIGHTON, DENLINGER, FLECK, GINGRICH, HESS, HUTCHINSON, KAUFFMAN, MURT, ROCK, STERN, TALLMAN AND VULAKOVICH, MARCH 1, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 1, 2011  

AN ACT

Amending Title 4 (Amusements) of the Pennsylvania Consolidated

Statutes, further providing for liquor licenses at licensed

facilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1521 of Title 4 of the Pennsylvania

Consolidated Statutes, amended January 7, 2010 (P.L.1, No.1), is

amended to read:

§ 1521.  Liquor licenses at licensed facilities.

(a)  Reapplication.--Nothing in this part shall require a

person already licensed to sell liquor or malt or brewed

beverages to reapply for the license except in the manner set

forth in the act of April 12, 1951 (P.L.90, No.21), known as the

Liquor Code.

(b)  License authority.--Notwithstanding any other provision

of law, a person holding a slot machine license which is also

licensed to sell liquor or malt or brewed beverages pursuant to

the Liquor Code shall be permitted to sell[, furnish or give]

liquor or malt or brewed beverages on the unlicensed portion of

the licensed gaming facility so long as the liquor or malt or

brewed beverages remain on the facility.

(b.1)  Liquor Code sanctions.--Notwithstanding any other

provision of law, a person holding a slot machine license that

also holds a license issued by the Pennsylvania Liquor Control

Board shall not be subject to the provisions of section 471(c)

of the Liquor Code. In addition, if a fine is imposed under

section 471(b) of the Liquor Code, it shall be for not less than

$250 nor more than $25,000. The prior citation history of the

slot machine licensee shall be considered in determining the

amount of the fine.

(c)  Nonlicensees.--Notwithstanding any other provision of

law, a slot machine licensee which is not licensed to sell

liquor or malt or brewed beverages shall be entitled to apply to

the Pennsylvania Liquor Control Board for a restaurant liquor or

eating place retail dispenser license as permitted by section

472 of the Liquor Code. The following shall apply:

(1)  Licenses issued under this section shall not be

subject to:

(i)  The proximity provisions of sections 402 and 404

of the Liquor Code.

(ii)  The quota restrictions of section 461 of the

Liquor Code.

(iii)  The provisions of section 493(10) of the

Liquor Code except as they relate to lewd, immoral or

improper entertainment.

(iv)  The prohibition against minors frequenting as

described in section 493(14) of the Liquor Code.

(v)  The cost and total display area limitations of

section 493(20)(i) of the Liquor Code.

(vi)  Section 493(24)(ii) of the Liquor Code.

In addition, licenses issued under this section shall not be

subject to the provisions defining "restaurant" or "eating

place" in section 102 of the Liquor Code.

(2)  Absent good cause shown consistent with the purposes

of this part, the Pennsylvania Liquor Control Board shall

approve an application for the license filed by a licensed

gaming entity within 60 days.

Section 2.  This act shall take effect immediately.