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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REED, CALTAGIRONE, EVANKOVICH, EVERETT, GABLER, MACKENZIE, MILLARD AND SAYLOR, OCTOBER 17, 2012 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, OCTOBER 17, 2012 |
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| AN ACT |
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1 | Amending the act of April 12, 1951 (P.L.90, No.21), entitled, |
2 | "An act relating to alcoholic liquors, alcohol and malt and |
3 | brewed beverages; amending, revising, consolidating and |
4 | 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 issuance, transfer or extension of |
18 | hotel, restaurant and club liquor licenses, for malt and |
19 | brewed beverages manufacturers', distributors' and importing |
20 | distributors' licenses, for malt and brewed beverages retail |
21 | licenses and for licenses not assignable; transfers. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 404 of the act of April 12, 1951 (P.L.90, |
25 | No.21), known as the Liquor Code, reenacted and amended June 29, |
26 | 1987 (P.L.32, No.14) and amended January 6, 2006 (P.L.1, No.1), |
27 | is amended to read: |
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1 | Section 404. Issuance, Transfer or Extension of Hotel, |
2 | Restaurant and Club Liquor Licenses.--Upon receipt of the |
3 | application and the proper fees, and upon being satisfied of the |
4 | truth of the statements in the application that the applicant is |
5 | the only person in any manner pecuniarily interested in the |
6 | business so asked to be licensed and that no other person will |
7 | be in any manner pecuniarily interested therein during the |
8 | continuance of the license, except as hereinafter permitted, and |
9 | that the applicant is a person of good repute, that the premises |
10 | applied for meet all the requirements of this act and the |
11 | regulations of the board, that the applicant seeks a license for |
12 | a hotel, restaurant or club, as defined in this act, and that |
13 | the issuance of such license is not prohibited by any of the |
14 | provisions of this act, the board shall, in the case of a hotel |
15 | or restaurant, grant and issue to the applicant a liquor |
16 | license, and in the case of a club may, in its discretion, issue |
17 | or refuse a license: Provided, however, That in the case of any |
18 | new license or the transfer of any license to a new location or |
19 | the extension of an existing license to cover an additional area |
20 | the board may, in its discretion, grant or refuse such new |
21 | license, transfer or extension if such place proposed to be |
22 | licensed is within three hundred feet of any church, hospital, |
23 | charitable institution, school, or public playground, or if such |
24 | new license, transfer or extension is applied for a place which |
25 | is within two hundred feet of any other premises which is |
26 | licensed by the board: And provided further, That the board's |
27 | authority to refuse to grant a license because of its proximity |
28 | to a church, hospital, charitable institution, public playground |
29 | or other licensed premises shall not be applicable to license |
30 | applications submitted for public venues or performing arts |
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1 | facilities: And provided further, That the board shall refuse |
2 | any application for a new license, the transfer of any license |
3 | to a new location or the extension of an existing license to |
4 | cover an additional area if, in the board's opinion, such new |
5 | license, transfer or extension would be detrimental to the |
6 | welfare, health, peace and morals of the inhabitants of the |
7 | neighborhood within a radius of five hundred feet of the place |
8 | proposed to be licensed: And provided further, That the board |
9 | shall have the discretion to refuse a license to any person or |
10 | to any corporation, partnership or association if such person, |
11 | or any officer or director of such corporation, or any member or |
12 | partner of such partnership or association shall have been |
13 | convicted or found guilty of a felony within a period of five |
14 | years immediately preceding the date of application for the said |
15 | license. [The board shall refuse any application for a new |
16 | license, the transfer of any license to a new location or the |
17 | extension of any license to cover an additional area where the |
18 | sale of liquid fuels or oil is conducted.] The board may enter |
19 | into an agreement with the applicant concerning additional |
20 | restrictions on the license in question. If the board and the |
21 | applicant enter into such an agreement, such agreement shall be |
22 | binding on the applicant. Failure by the applicant to adhere to |
23 | the agreement will be sufficient cause to form the basis for a |
24 | citation under section 471 and for the nonrenewal of the license |
25 | under section 470. If the board enters into an agreement with an |
26 | applicant concerning additional restrictions, those restrictions |
27 | shall be binding on subsequent holders of the license until the |
28 | license is transferred to a new location or until the board |
29 | enters into a subsequent agreement removing those restrictions. |
30 | If the application in question involves a location previously |
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1 | licensed by the board, then any restrictions imposed by the |
2 | board on the previous license at that location shall be binding |
3 | on the applicant unless the board enters into a new agreement |
4 | rescinding those restrictions. The board may, in its discretion, |
5 | refuse an application for an economic development license under |
6 | section 461(b.1) or an application for an intermunicipal |
7 | transfer of a license if the board receives a protest from the |
8 | governing body of the receiving municipality. The receiving |
9 | municipality of an intermunicipal transfer or an economic |
10 | development license under section 461(b.1) may file a protest |
11 | against the transfer of a license into its municipality, and the |
12 | receiving municipality shall have standing in a hearing to |
13 | present testimony in support of or against the issuance or |
14 | transfer of a license. Upon any opening in any quota, an |
15 | application for a new license shall only be filed with the board |
16 | for a period of six months following said opening. |
17 | Section 2. Section 431(b) of the act, amended December 8, |
18 | 2004 (P.L.1810, No.239), is amended to read: |
19 | Section 431. Malt and Brewed Beverages Manufacturers', |
20 | Distributors' and Importing Distributors' Licenses.-- * * * |
21 | (b) The board shall issue to any reputable person who |
22 | applies therefor, and pays the license fee hereinafter |
23 | prescribed, a distributor's or importing distributor's license |
24 | for the place which such person desires to maintain for the sale |
25 | of malt or brewed beverages, not for consumption on the premises |
26 | where sold, and in quantities of not less than a case or |
27 | original containers containing one hundred twenty-eight ounces |
28 | or more which may be sold separately as prepared for the market |
29 | by the manufacturer at the place of manufacture. The board shall |
30 | have the discretion to refuse a license to any person or to any |
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1 | corporation, partnership or association if such person, or any |
2 | officer or director of such corporation, or any member or |
3 | partner of such partnership or association shall have been |
4 | convicted or found guilty of a felony within a period of five |
5 | years immediately preceding the date of application for the said |
6 | license: And provided further, That, in the case of any new |
7 | license or the transfer of any license to a new location, the |
8 | board may, in its discretion, grant or refuse such new license |
9 | or transfer if such place proposed to be licensed is within |
10 | three hundred feet of any church, hospital, charitable |
11 | institution, school or public playground, or if such new license |
12 | or transfer is applied for a place which is within two hundred |
13 | feet of any other premises which is licensed by the board: And |
14 | provided further, That the board shall refuse any application |
15 | for a new license or the transfer of any license to a new |
16 | location if, in the board's opinion, such new license or |
17 | transfer would be detrimental to the welfare, health, peace and |
18 | morals of the inhabitants of the neighborhood within a radius of |
19 | five hundred feet of the place proposed to be licensed. [The |
20 | board shall refuse any application for a new license or the |
21 | transfer of any license to a location where the sale of liquid |
22 | fuels or oil is conducted.] The board may enter into an |
23 | agreement with the applicant concerning additional restrictions |
24 | on the license in question. If the board and the applicant enter |
25 | into such an agreement, such agreement shall be binding on the |
26 | applicant. Failure by the applicant to adhere to the agreement |
27 | will be sufficient cause to form the basis for a citation under |
28 | section 471 and for the nonrenewal of the license under section |
29 | 470. If the board enters into an agreement with an applicant |
30 | concerning additional restrictions, those restrictions shall be |
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1 | binding on subsequent holders of the license until the license |
2 | is transferred to a new location or until the board enters into |
3 | a subsequent agreement removing those restrictions. If the |
4 | application in question involves a location previously licensed |
5 | by the board, then any restrictions imposed by the board on the |
6 | previous license at that location shall be binding on the |
7 | applicant unless the board enters into a new agreement |
8 | rescinding those restrictions. The board shall require notice to |
9 | be posted on the property or premises upon which the licensee or |
10 | proposed licensee will engage in sales of malt or brewed |
11 | beverages. This notice shall be similar to the notice required |
12 | of hotel, restaurant and club liquor licensees. |
13 | Except as hereinafter provided, such license shall authorize |
14 | the holder thereof to sell or deliver malt or brewed beverages |
15 | in quantities above specified anywhere within the Commonwealth |
16 | of Pennsylvania, which, in the case of distributors, have been |
17 | purchased only from persons licensed under this act as |
18 | manufacturers or importing distributors, and in the case of |
19 | importing distributors, have been purchased from manufacturers |
20 | or persons outside this Commonwealth engaged in the legal sale |
21 | of malt or brewed beverages or from manufacturers or importing |
22 | distributors licensed under this article. In the case of an |
23 | importing distributor, the holder of such a license shall be |
24 | authorized to store and repackage malt or brewed beverages owned |
25 | by a manufacturer at a segregated portion of a warehouse or |
26 | other storage facility authorized by section 441(d) and operated |
27 | by the importing distributor within its appointed territory and |
28 | deliver such beverages to another importing distributor who has |
29 | been granted distribution rights by the manufacturer as provided |
30 | herein. The importing distributor shall be permitted to receive |
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1 | a fee from the manufacturer for any related storage, repackaging |
2 | or delivery services. In the case of a bailee for hire hired by |
3 | a manufacturer, the holder of such a permit shall be authorized: |
4 | to receive, store and repackage malt or brewed beverages |
5 | produced by that manufacturer for sale by that manufacturer to |
6 | importing distributors to whom that manufacturer has given |
7 | distribution rights pursuant to this subsection or to purchasers |
8 | outside this Commonwealth for delivery outside this |
9 | Commonwealth; or to ship to that manufacturer's storage |
10 | facilities outside this Commonwealth. The bailee for hire shall |
11 | be permitted to receive a fee from the manufacturer for any |
12 | related storage, repackaging or delivery services. The bailee |
13 | for hire shall, as required in Article V of this act, keep |
14 | complete and accurate records of all transactions, inventory, |
15 | receipts and shipments and make all records and the licensed |
16 | areas available for inspection by the board and for the |
17 | Pennsylvania State Police, Bureau of Liquor Control Enforcement, |
18 | during normal business hours. |
19 | Each out of State manufacturer of malt or brewed beverages |
20 | whose products are sold and delivered in this Commonwealth shall |
21 | give distributing rights for such products in designated |
22 | geographical areas to specific importing distributors, and such |
23 | importing distributor shall not sell or deliver malt or brewed |
24 | beverages manufactured by the out of State manufacturer to any |
25 | person issued a license under the provisions of this act whose |
26 | licensed premises are not located within the geographical area |
27 | for which he has been given distributing rights by such |
28 | manufacturer. Should a licensee accept the delivery of such malt |
29 | or brewed beverages in violation of this section, said licensee |
30 | shall be subject to a suspension of his license for at least |
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1 | thirty days: Provided, That the importing distributor holding |
2 | such distributing rights for such product shall not sell or |
3 | deliver the same to another importing distributor without first |
4 | having entered into a written agreement with the said secondary |
5 | importing distributor setting forth the terms and conditions |
6 | under which such products are to be resold within the territory |
7 | granted to the primary importing distributor by the |
8 | manufacturer. |
9 | When a Pennsylvania manufacturer of malt or brewed beverages |
10 | licensed under this article names or constitutes a distributor |
11 | or importing distributor as the primary or original supplier of |
12 | his product, he shall also designate the specific geographical |
13 | area for which the said distributor or importing distributor is |
14 | given distributing rights, and such distributor or importing |
15 | distributor shall not sell or deliver the products of such |
16 | manufacturer to any person issued a license under the provisions |
17 | of this act whose licensed premises are not located within the |
18 | geographical area for which distributing rights have been given |
19 | to the distributor and importing distributor by the said |
20 | manufacturer: Provided, That the importing distributor holding |
21 | such distributing rights for such product shall not sell or |
22 | deliver the same to another importing distributor without first |
23 | having entered into a written agreement with the said secondary |
24 | importing distributor setting forth the terms and conditions |
25 | under which such products are to be resold within the territory |
26 | granted to the primary importing distributor by the |
27 | manufacturer. Nothing herein contained shall be construed to |
28 | prevent any manufacturer from authorizing the importing |
29 | distributor holding the distributing rights for a designated |
30 | geographical area from selling the products of such manufacturer |
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1 | to another importing distributor also holding distributing |
2 | rights from the same manufacturer for another geographical area, |
3 | providing such authority be contained in writing and a copy |
4 | thereof be given to each of the importing distributors so |
5 | affected. |
6 | * * * |
7 | Section 3. Section 432(d) of the act, amended January 6, |
8 | 2006 (P.L.1, No.1), is amended to read: |
9 | Section 432. Malt and Brewed Beverages Retail Licenses.-- |
10 | * * * |
11 | (d) The board shall, in its discretion, grant or refuse any |
12 | new license, the transfer of any license to a new location or |
13 | the extension of an existing license to cover an additional area |
14 | if such place proposed to be licensed is within three hundred |
15 | feet of any church, hospital, charitable institution, school, or |
16 | public playground, or if such new license, transfer or extension |
17 | is applied for a place which is within two hundred feet of any |
18 | other premises which is licensed by the board. The board shall |
19 | refuse any application for a new license, the transfer of any |
20 | license to a new location or the extension of an existing |
21 | license to cover an additional area if, in the board's opinion, |
22 | such new license, transfer or extension would be detrimental to |
23 | the welfare, health, peace and morals of the inhabitants of the |
24 | neighborhood within a radius of five hundred feet of the place |
25 | to be licensed. The board may enter into an agreement with the |
26 | applicant concerning additional restrictions on the license in |
27 | question. If the board and the applicant enter into such an |
28 | agreement, such agreement shall be binding on the applicant. |
29 | Failure by the applicant to adhere to the agreement will be |
30 | sufficient cause to form the basis for a citation under section |
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1 | 471 and for the nonrenewal of the license under section 470. If |
2 | the board enters into an agreement with an applicant concerning |
3 | additional restrictions, those restrictions shall be binding on |
4 | subsequent holders of the license until the license is |
5 | transferred to a new location or until the board enters into a |
6 | subsequent agreement removing those restrictions. If the |
7 | application in question involves a location previously licensed |
8 | by the board, then any restrictions imposed by the board on the |
9 | previous license at that location shall be binding on the |
10 | applicant unless the board enters into a new agreement |
11 | rescinding those restrictions. The [board shall refuse any |
12 | application for a new license, the transfer of any license to a |
13 | location where the sale of liquid fuels or oil is conducted or |
14 | the extension of an existing license to cover an additional |
15 | area: And provided further, That the] board shall have the |
16 | discretion to refuse a license to any person or to any |
17 | corporation, partnership or association if such person, or any |
18 | officer or director of such corporation, or any member or |
19 | partner of such partnership or association shall have been |
20 | convicted or found guilty of a felony within a period of five |
21 | years immediately preceding the date of application for the said |
22 | license. The board may, in its discretion, refuse an application |
23 | for an economic development license under section 461(b.1) or an |
24 | application for an intermunicipal transfer or a license if the |
25 | board receives a protest from the governing body of the |
26 | receiving municipality. The receiving municipality of an |
27 | intermunicipal transfer or an economic development license under |
28 | section 461(b.1) may file a protest against the approval for |
29 | issuance of a license for economic development or an |
30 | intermunicipal transfer of a license into its municipality, and |
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1 | such municipality shall have standing in a hearing to present |
2 | testimony in support of or against the issuance or transfer of a |
3 | license. Upon any opening in any quota, an application for a new |
4 | license shall only be filed with the board for a period of six |
5 | months following said opening. |
6 | * * * |
7 | Section 4. Section 468(a) of the act, amended December 20, |
8 | 2000 (P.L.992, No.141), February 21, 2002 (P.L.103, No.10) and |
9 | June 28, 2011 (P.L.55, No.11), is amended to read: |
10 | Section 468. Licenses Not Assignable; Transfers.--(a) (1) |
11 | Licenses issued under this article may not be assigned. The |
12 | board, upon payment of the transfer filing fee, is hereby |
13 | authorized to transfer any license issued by it under the |
14 | provisions of this article from one person to another or from |
15 | one place to another, or both. Except for restaurant liquor and |
16 | eating place retail dispenser licenses transferred under section |
17 | 461(b.4), if the license is a retail license, the new location |
18 | must be within the same county as the existing location or, if |
19 | the municipality is located in more than one county, within the |
20 | same municipality as the existing location. |
21 | (2) In the case of distributor and importing distributor |
22 | licenses, the board may transfer any such license from its place |
23 | in a municipality to a place in any other municipality within |
24 | the same county, or from one place to another place within the |
25 | same municipality, or exchange a distributor license for an |
26 | importing distributor license or an importing distributor |
27 | license for a distributor license, if the building for which the |
28 | license is to be issued has, in the case of an importing |
29 | distributor license, an area under one roof of two thousand five |
30 | hundred square feet and, in the case of a distributor license, |
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1 | an area under one roof of one thousand square feet: And |
2 | provided, That, in the case of all transfers of distributor or |
3 | importing distributor licenses, whether from a place within the |
4 | same municipality to another place within the same municipality |
5 | or from a place in a municipality to a place in any other |
6 | municipality within the same county, and, in the case of an |
7 | exchange of a distributor license for an importing distributor |
8 | license or an importing distributor license for a distributor |
9 | license, the premises to be affected by the transfer or exchange |
10 | shall contain an office separate and apart from the remainder of |
11 | the premises to be licensed for the purpose of keeping records, |
12 | required by the board, adequate toilet facilities for employes |
13 | of the licensee and an entrance on a public thoroughfare: |
14 | Provided, however, That in the event that the majority of the |
15 | voting electors of a municipality, at an election held under the |
16 | provisions of any law so empowering them to do, shall vote |
17 | against the issuance of distributor or importing distributor |
18 | licenses in such municipality, the board is hereby authorized to |
19 | transfer any such distributor or importing distributor license |
20 | from its place in such municipality to a place in any other |
21 | municipality within the same county, upon application prior to |
22 | the expiration of any such license and upon payment of the |
23 | transfer filing fee and the execution of a new bond; but no |
24 | transfer shall be made to a person who would not have been |
25 | eligible to receive the license originally nor for the |
26 | transaction of business at a place for which the license could |
27 | not lawfully have been issued originally, nor, except as herein |
28 | provided, to a place as to which a license has been revoked. |
29 | (3) [No license shall be transferred to any place or |
30 | property upon which is located as a business the sale of liquid |
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1 | fuels and oil.] Except in cases of emergency such as death, |
2 | serious illness, or circumstances beyond the control of the |
3 | licensee, as the board may determine such circumstances to |
4 | justify its action, transfers of licenses may be made only at |
5 | times fixed by the board. In the case of the death of a |
6 | licensee, the board may transfer the license to the surviving |
7 | spouse or personal representative or to a person designated by |
8 | him. From any refusal to grant a transfer or upon the grant of |
9 | any transfer, the party aggrieved shall have the right of appeal |
10 | to the proper court in the manner hereinbefore provided. |
11 | (4) In the event the license to be transferred has been |
12 | ordered to serve a suspension under section 471 and has not |
13 | served the suspension at the time the board considers the |
14 | application and all appeals regarding the suspension have been |
15 | exhausted, the board may require the transferee to serve the |
16 | suspension as a condition for approval of the transfer. Further, |
17 | the board may convert the outstanding suspension into a fine and |
18 | require the transferee to pay the fine as a condition for |
19 | approval of the transfer. If the board converts the outstanding |
20 | suspension to a fine, the fine need not comply with the minimum |
21 | and maximum amounts set forth in section 471 for the underlying |
22 | citation. |
23 | * * * |
24 | Section 5. This act shall take effect in 60 days. |
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