Bill Text: PA HB1786 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for issuance, transfer or extension of hotel, restaurant and club liquor licenses.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-07-18 - Referred to LIQUOR CONTROL [HB1786 Detail]

Download: Pennsylvania-2011-HB1786-Introduced.html

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PRINTER'S NO. 2289
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1786 Session of2011
INTRODUCED BY YOUNGBLOOD, BISHOP, CALTAGIRONE, CRUZ, M. O'BRIEN AND READSHAW, JULY 18, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JULY 18, 2011
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 issuance, transfer or extension of
hotel, restaurant and club liquor licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 404 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) and amended January 6, 2006 (P.L.1, No.1),
is amended to read:
Section 404. Issuance, Transfer or Extension of Hotel,
Restaurant and Club Liquor Licenses.--(a) Upon receipt of the
application and the proper fees, and upon being satisfied of the
truth of the statements in the application that the applicant is
the only person in any manner pecuniarily interested in the
business so asked to be licensed and that no other person will
be in any manner pecuniarily interested therein during the
continuance of the license, except as hereinafter permitted, and
that the applicant is a person of good repute, that the premises
applied for meet all the requirements of this act and the
regulations of the board, that the applicant seeks a license for
a hotel, restaurant or club, as defined in this act, and that
the issuance of such license is not prohibited by any of the
provisions of this act, the board shall, in the case of a hotel
or restaurant, grant and issue to the applicant a liquor
license, and in the case of a club may, in its discretion, issue
or refuse a license: Provided, however, That in the case of any
new license or the transfer of any license to a new location or
the extension of an existing license to cover an additional area
the board may, in its discretion, grant or refuse such new
license, transfer or extension if such place proposed to be
licensed is within three hundred feet of any church, hospital,
charitable institution, school, or public playground, or if such
new license, transfer or extension is applied for a place which
is within two hundred feet of any other premises which is
licensed by the board: And provided further, That the board's
authority to refuse to grant a license because of its proximity
to a church, hospital, charitable institution, public playground
or other licensed premises shall not be applicable to license
applications submitted for public venues or performing arts
facilities: And provided further, That the board shall refuse
any application for a new license, the transfer of any license
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to a new location or the extension of an existing license to
cover an additional area if, in the board's opinion, such new
license, transfer or extension would be detrimental to the
welfare, health, peace and morals of the inhabitants of the
neighborhood within a radius of five hundred feet of the place
proposed to be licensed: And provided further, That the board
shall have the discretion to refuse a license to any person or
to any corporation, partnership or association if such person,
or any officer or director of such corporation, or any member or
partner of such partnership or association shall have been
convicted or found guilty of a felony within a period of five
years immediately preceding the date of application for the said
license. The board shall refuse any application for a new
license, the transfer of any license to a new location or the
extension of any license to cover an additional area where the
sale of liquid fuels or oil is conducted. The board may enter
into an agreement with the applicant concerning additional
restrictions on the license in question. If the board and the
applicant enter into such an agreement, such agreement shall be
binding on the applicant. Failure by the applicant to adhere to
the agreement will be sufficient cause to form the basis for a
citation under section 471 and for the nonrenewal of the license
under section 470. If the board enters into an agreement with an
applicant concerning additional restrictions, those restrictions
shall be binding on subsequent holders of the license until the
license is transferred to a new location or until the board
enters into a subsequent agreement removing those restrictions.
If the application in question involves a location previously
licensed by the board, then any restrictions imposed by the
board on the previous license at that location shall be binding
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on the applicant unless the board enters into a new agreement
rescinding those restrictions. The board may, in its discretion,
refuse an application for an economic development license under
section 461(b.1) or an application for an intermunicipal
transfer of a license if the board receives a protest from the
governing body of the receiving municipality. The receiving
municipality of an intermunicipal transfer or an economic
development license under section 461(b.1) may file a protest
against the transfer of a license into its municipality, and the
receiving municipality shall have standing in a hearing to
present testimony in support of or against the issuance or
transfer of a license. Upon any opening in any quota, an
application for a new license shall only be filed with the board
for a period of six months following said opening.
(b) If a person is seeking a transfer of a hotel, restaurant
or eating place license in a city of the first class, proof or
certification of zoning compliance for the hotel, restaurant or
eating place applying for the license transfer must be submitted
with the application.
Section 2. This act shall take effect in 60 days.
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