Bill Text: PA HB555 | 2011-2012 | Regular Session | Introduced


Bill Title: Further providing for limiting number of retail licenses to be issued in each county.

Spectrum: Slight Partisan Bill (Republican 9-4)

Status: (Introduced - Dead) 2011-02-08 - Referred to LIQUOR CONTROL [HB555 Detail]

Download: Pennsylvania-2011-HB555-Introduced.html

  

 

    

PRINTER'S NO.  522

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

555

Session of

2011

  

  

INTRODUCED BY PETRI, FARRY, O'NEILL, GABLER, HARKINS, HENNESSEY, MURT, PYLE, RAPP, READSHAW, ROAE, K. SMITH AND STABACK, FEBRUARY 8, 2011

  

  

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 8, 2011  

  

  

  

AN ACT

  

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Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

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reenacted, "An act relating to alcoholic liquors, alcohol and

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malt and brewed beverages; amending, revising, consolidating

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and changing the laws relating thereto; regulating and

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restricting the manufacture, purchase, sale, possession,

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consumption, importation, transportation, furnishing, holding

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in bond, holding in storage, traffic in and use of alcoholic

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liquors, alcohol and malt and brewed beverages and the

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persons engaged or employed therein; defining the powers and

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duties of the Pennsylvania Liquor Control Board; providing

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for the establishment and operation of State liquor stores,

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for the payment of certain license fees to the respective

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municipalities and townships, for the abatement of certain

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nuisances and, in certain cases, for search and seizure

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without warrant; prescribing penalties and forfeitures;

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providing for local option, and repealing existing laws,"

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further providing for limiting number of retail licenses to

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be issued in each county.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 461(a) of the act of April 12, 1951

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(P.L.90, No.21), known as the Liquor Code, reenacted and amended

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June 29, 1987 (P.L.32, No.14) and amended February 21, 2002

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(P.L.103, No.10), is amended to read:

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Section 461.  Limiting Number of Retail Licenses To Be Issued

 


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In Each County.--(a)  No additional restaurant, eating place

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retail dispenser or club licenses shall be issued within a

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county if the total number of restaurant and eating place retail

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dispenser licenses is greater than one license for each three

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thousand inhabitants in the county, except the board may issue

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licenses to public venues, performing arts facilities,

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continuing care retirement communities, airport restaurants,

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municipal golf courses, hotels, privately-owned private golf

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courses, privately-owned public golf courses, racetracks,

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automobile racetracks, nonprimary pari-mutuel wagering locations

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and to any other entity which this act specifically exempts from

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the limitations provided in this section, and the board may

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issue a license to a club situated in a borough having a

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population less than eight thousand inhabitants which is located

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in a county of the second class A whose application is filed on

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or before February 28, 2001. Furthermore, the board may issue a

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club license to a volunteer fire company regardless of the

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number of restaurant and eating place retail dispenser licenses

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already issued in that county. In addition, the board may issue

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an eating place retail dispenser license for on-premises sales

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only to the owner or operator of a facility having a minimum of

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a one-half mile asphalt track and having a permanent seating

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capacity of at least six thousand people used principally for

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holding automobile races, regardless of the number of restaurant

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and eating place retail dispenser licenses already issued in

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that county. When determining the number of restaurant and

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eating place retail dispenser licenses issued in a county for

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the purposes of this section, licenses exempted from this

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limitation and club licenses shall not be considered.

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Inhabitants of dry municipalities shall be considered when

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determining the population in a county. Licenses shall not be

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issued or transferred into municipalities where such licenses

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are prohibited pursuant to local referendum in accordance with

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section 472. Licenses approved for intermunicipal transfer may

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not be transferred from the receiving municipality for a period

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of five years after the date that the licensed premises are

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operational in the receiving municipality.

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* * *

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Section 2.  This act shall take effect in 60 days.

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