2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 45 - LIQUOR CODE - APPLICATIONS FOR HOTEL, RESTAURANT AND CLUB LIQUOR LICENSES, APPLICATION FOR DISTRIBUTORS', IMPORTING DISTRIBUTORS' AND RETAIL DISPENSERS' LICENSES

Session of 2023
No. 2023-45
HB 38
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "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,"
            in licenses and regulations and liquor, alcohol and malt and brewed beverages, further
            providing for applications for hotel, restaurant and club liquor licenses and for
            application for distributors', importing distributors' and retail dispensers' licenses.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  Sections 403(a) and 436(b) of the act of April 12, 1951 (P.L.90, No.21), known as
            the Liquor Code, are amended to read:
Section 403.  Applications for Hotel, Restaurant and Club Liquor Licenses.--(a)  Every applicant for a hotel liquor license, restaurant liquor license or club liquor
            license or for the transfer of an existing license to another premises not then licensed
            or to another person shall file a written application with the board in such form
            and containing such information as the board shall from time to time prescribe, which
            shall be accompanied by a filing fee and an annual license fee as prescribed in section
            614-A of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative
            Code of 1929." Every such application shall contain a description of that part of
            the hotel, restaurant or club for which the applicant desires a license and shall
            set forth such other material information, description or plan of that part of the
            hotel, restaurant or club where it is proposed to keep and sell liquor as may be required
            by the regulations of the board. The descriptions, information and plans referred
            to in this subsection shall show the hotel, restaurant, club, or the proposed location
            for the construction of a hotel, restaurant or club, at the time the application is
            made, and shall show any alterations proposed to be made thereto, or the new building
            proposed to be constructed after the approval by the board of the application for
            a license or for the transfer of an existing license to another premises not then
            licensed or to another person. No physical alterations, improvements or changes shall
            be required to be made to any hotel, restaurant or club, nor shall any new building
            for any such purpose, be required to be constructed until approval of the application
            for license or for the transfer of an existing license to another premises not then
            licensed or to another person by the board. After approval of the application, the
            licensee shall make the physical alterations, improvements and changes to the licensed
            premises, or shall construct the new building in the manner specified by the board
            at the time of approval, and the licensee shall not transact any business under the
            license until the board has approved the completed physical alterations, improvements
            and changes to the licensed premises, or the completed construction of the new building
            as conforming to the specifications required by the board at the time of issuance
            or transfer of the license, and is satisfied that the establishment is a restaurant,
            hotel or club as defined by this act. The board may require that all such alterations
            or construction or conformity to definition be completed within six months from the
            time of issuance or transfer of the license.
The time between the approval of the initial application and issuance of operating
               authority to the licensee shall be considered as time in safekeeping.
Failure to comply with these requirements shall be considered cause for revocation
            of the license. No such license shall be transferable between the time of issuance
            or transfer of the license and the approval of the completed alterations or construction
            by the board and full compliance by the licensee with the requirements of this act,
            [except in the case of death of the licensee prior to full compliance with all of
            the aforementioned requirements or unless full compliance is impossible for reasons
            beyond the licensee's control, in which event, the license may be transferred by the
            board as provided in this act.]
unless the transfer application is accompanied by a surcharge. The surcharge shall
               be fifteen thousand dollars ($15,000) if the license is located in a county of the
               first through third class. The surcharge shall be five thousand dollars ($5,000) if
               the license is located in a county of the fourth through eighth class.
* * *
Section 436.  Application for Distributors', Importing Distributors' and Retail Dispensers' Licenses.--Application
            for distributors', importing distributors' and retail dispensers' licenses, or for
            the transfer of an existing license to another premises not then licensed or to another
            person, shall contain or have attached thereto the following information and statements:
* * *
(b)  The particular place for which the license is desired and a detailed description thereof.
            The description, information and plans referred to in this subsection shall show the
            premises or the proposed location for the construction of the premises at the time
            the application is made, and shall show any alterations proposed to be made thereto,
            or the new building proposed to be constructed after the approval by the board of
            the application for a license, or for the transfer of an existing license to another
            premises not then licensed or to another person. No physical alterations, improvements
            or changes shall be required to be made to any hotel, eating place or club, nor shall
            any new building for any such purpose be required to be constructed until approval
            of the application for license or for the transfer of an existing license to another
            premises not then licensed or to another person by the board. After approval of the
            application, the licensee shall make the physical alterations, improvements and changes
            to the licensed premises, or shall construct the new building in the manner specified
            by the board at the time of approval. The licensee shall not transact any business
            under the license until the board has approved the completed physical alterations,
            improvements and changes of the licensed premises or the completed construction of
            the new building as conforming to the specifications required by the board at the
            time of issuance or transfer of the license and is satisfied that the premises meet
            the requirements for a distributor's or importing distributor's license as set forth
            in this act or that the establishment is an eating place, hotel or club as defined
            by this act. The board may require that all such alterations or construction or conformity
            to definition be completed within six months from the time of issuance or transfer
            of the license.
The time between the approval of the initial application and issuance of operating
               authority to the licensee shall be considered as time in safekeeping.
Failure to comply with these requirements shall be considered cause for revocation
            of the license. No such license shall be transferable between the time of issuance
            or transfer of the license and the approval of the completed alterations or construction
            by the board and full compliance by the licensee with the requirements of this act,
            [except in the case of death of the licensee prior to full compliance with all of
            the aforementioned requirements or unless full compliance is impossible for reasons
            beyond the licensee's control, in which event the license may be transferred by the
            board as provided in this act.]
unless the transfer application is accompanied by a surcharge. The surcharge shall
               be fifteen thousand dollars ($15,000) if the license is located in a county of the
               first through third class.  The surcharge shall be five thousand dollars ($5,000) if the license is located in
               a county of the fourth through eighth class.
* * *
Section 2.  This act shall take effect in 60 days.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO