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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, BEYER, CALTAGIRONE, CLYMER, M. O'BRIEN, O'NEILL, SIPTROTH, WANSACZ AND YOUNGBLOOD, MARCH 6, 2009 |
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| REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 6, 2009 |
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| AN ACT |
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1 | Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as |
2 | reenacted, "An act relating to alcoholic liquors, alcohol and |
3 | malt and brewed beverages; amending, revising, consolidating |
4 | and 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 | providing for reporting requirements. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. The act of April 12, 1951 (P.L.90, No.21), known |
21 | as the Liquor Code, reenacted and amended June 29, 1987 (P.L.32, |
22 | No.14), is amended by adding a section to read: |
23 | Section 415. Reporting.--(a) A corporation, association or |
24 | other board-licensed entity, except a club, having officers, or |
25 | directors, or stockholders shall report a change in officers, or |
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1 | directors, or stockholders within fifteen days. A change in |
2 | stockholders involving less than ten per centum of outstanding |
3 | voting stock need not be reported, except when the change |
4 | involves a majority or controlling interest. Control is defined |
5 | as the power or authority to manage, direct, govern, administer |
6 | or oversee the operation of the licensed business. |
7 | (b) The changes shall be reported on forms which will be |
8 | furnished upon request by the board. For a change in |
9 | stockholders, an affidavit describing, in detail, the source of |
10 | funds used to purchase the stock shall accompany the form. If |
11 | funds to purchase the stock are derived from a written financing |
12 | agreement, the financing agreement shall also accompany the |
13 | form. |
14 | (c) Club change of officers shall be reported with the |
15 | renewal of club license on forms furnished by the board upon |
16 | request. Change of club manager or steward shall be reported |
17 | with the renewal of club license and at license validation on |
18 | forms furnished by the board upon request. |
19 | (d) Change of officer forms for club licensees shall be |
20 | accompanied by a fee of forty dollars ($40.00). When a |
21 | background investigation is conducted to obtain or verify |
22 | information regarding a club change of officer, an additional |
23 | fee of sixty dollars ($60.00), for a total fee of one hundred |
24 | dollars ($100.00), will be assessed. Change of officer forms for |
25 | changes of corporate officers other than clubs shall be |
26 | accompanied by a fee of two hundred dollars ($200.00) when the |
27 | change of officer does not constitute a change in |
28 | majority/controlling interest. If the change of corporate |
29 | officer does constitute a change in majority/controlling |
30 | interest, fees will be assessed in accordance with section 614-A |
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1 | of the act of April 9, 1929 (P.L.177, No.175), known as "The |
2 | Administrative Code of 1929." |
3 | Section 2. This act shall take effect in 60 days. |
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