Bill Text: PA HB2494 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for office of administrative law judge and for revocation and suspension of licenses and fines.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2012-07-17 - Referred to LIQUOR CONTROL [HB2494 Detail]

Download: Pennsylvania-2011-HB2494-Introduced.html

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PRINTER'S NO. 3915
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2494 Session of2012
INTRODUCED BY PAYTON, V. BROWN, COHEN, DALEY, HESS, HORNAMAN, JAMES, MYERS, READSHAW, SCHMOTZER, TALLMAN, WATERS, WILLIAMS AND YOUNGBLOOD, JULY 17, 2012
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JULY 17, 2012
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 office of administrative law judge and
for revocation and suspension of licenses and fines.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 212 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), is amended by adding a subsection to read:
Section 212. Office of Administrative Law Judge.--* * *
(c.1) If a licensee has been found in violation of section
493(1) as it relates to sales to minors and, as a result of the
violation, a minor is convicted, found guilty or enters a plea
of guilty or nolo contendere to a violation of 18 Pa.C.S. §
2702(a)(2) (relating to aggravated assault), the administrative
law judge shall send and issue a notice of violation with an
order as provided in section 471(c)(2). The notice of violation
shall include, but not be limited to, the licensee name,
licensee identification number (LID) and the date of the
violation of section 493(1).
Section 2. Section 471(c) of the act, amended February 21,
2002 (P.L.103, No.10) and December 9, 2002 (P.L.1653, No.212),
is amended to read:
Section 471. Revocation and Suspension of Licenses; Fines.--
* * *
(c) (1) The administrative law judge may consider the
licensee's prior citation history when imposing a penalty. If
the violation in question is a third or subsequent violation of
any offense referred to in subsection (b) or Title 18 of the
Pennsylvania Consolidated Statutes (relating to crimes and
offenses), occurring within a period of four years, the
administrative law judge shall impose a suspension or
revocation.
(2) (i) If the licensee has been found in violation of
section 493(1) as it relates to sales to minors and, as a result
of the violation, the minor is convicted, found guilty or enters
a plea of guilty or nolo contendere to a violation of 18 Pa.C.S.
§ 2702(a)(2) (relating to aggravated assault), the
administrative law judge, in addition to the penalties set forth
in subsections (b), (d) and (e), shall impose a fine of not less
than one thousand dollars ($1,000) nor more than ten thousand
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dollars ($10,000) and shall, in its order, require the licensee
to immediately display the notice of violation upon receipt of
the notice, as provided for in section 212(c.1).
(ii) Every notice of violation issued shall be constantly
and conspicuously exposed under transparent substance on the
licensee premises and no license shall authorize sales until
this section has been complied with. Such compliance shall be
required until the license is to be renewed.
(iii) If the conviction of violating 18 Pa.C.S. § 2702(a)(2)
is overturned, the administrative law judge shall issue a notice
to the licensee to remove the public notice of violating section
493(1) and shall order the refund of any paid fine under section
471(c)(2) to the licensee within thirty (30) days of the board's
receipt of a notice of the ruling from the licensee.
* * *
Section 3. This act shall take effect in 60 days.
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