Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter Y - ALCOHOLIC BEVERAGE CONTROL COORDINATING COUNCIL › Section 7.346 - Terminated statutory functions and duties of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The continuation of the following functions and duties of
					 the Board conflict irreconcilably with the termination of the Board and upon
					 the termination of the Board, therefore, the following acts and parts of acts
					 relating to the statutory functions and duties of the Board are terminated and
					 cannot be enforced except to the extent otherwise provided by this
					 subchapter.
(1) The act of December
				  20, 1933 (1933-34 Sp.Sess., P.
				  L. 89, No. 15) (47 P. S. §
											§
											744-907-744-907c) insofar as the act
				  authorizes the Board to expend monies in the State Stores Fund and authorizes
				  the Board to direct payments of monies in the fund.
(2) The act of December 20, 1933 (1933-34
				  Sp.Sess., P. L.
				  90, No. 16) (47 P. S. §
											§
											744-908 and
				  744-909) insofar as the act
				  limits transfers into the General Fund based upon the gross sales volume of
				  State Stores.
(3) The act of June
				  9, 1936 (Ex. Sess., P. L.
				  13, No. 4) (47 P. S. §
											§
											794 and
				  795) insofar as the act
				  designates the Board as the Commonwealth agency responsible for collecting the
				  tax.
(4) The act of June 24, 1939 (
				  P. L.
				  806, No. 358) insofar as the act authorizes the
				  Board to issue any new licenses.
(5) The Liquor Code as follows:
Section 104(c) (47 P. S. §
												1-104(c)) (Interpretation of
					 act) insofar as the section prohibits the manufacturer of and transactions in
					 liquor except under the control of the Board.
Section 201 (47 P. S. §
												2-201) (Appointment of members; terms;
					 salaries).
Section 202 (47 P. S. §
												2-202) (Qualifications of members).
Section 203 (47 P. S. §
												2-203) (Chairman of Board).
Section 204 (47 P. S. §
												2-204) (Secretary of Board).
Section 205 (47 P. S. §
												2-205) (Bonds required of members and
					 secretary).
Section 206 (47 P. S. §
												2-206) (Board subject to Administrative
					 Code).
Section 207 (47 P. S. §
												2-207) (General powers of Board).
Section 208 (47 P. S. §
												2-208) (Specific subjects on which Board may
					 adopt regulations).
Section 209 (47 P. S. §
												2-209) (Officers and investigators of the
					 Board to be peace officers; powers) except as preserved by §
											7.347 (relating to laws relating to
					 alcoholic beverages and intoxicating liquors unaffected by the termination of
					 the Board).
Article III (Pennsylvania Liquor Stores) (47 P. S. §
											§
											3-301-3-306).
Section 401 (47 P. S. §
											4-401) (Authority to issue liquor licenses to
					 hotels, restaurants and clubs) insofar as the section authorizes the Board to
					 issue new hotel, restaurant, club and caterers licenses.
Section 402 (47 P. S. §
											4-402) (License districts; license year;
					 hearings) insofar as the section authorizes the Board to establish license
					 districts and license years and appoint hearing examiners.
Section 403 (47 P. S. §
											4-403) (Applications for hotel, restaurant
					 and club liquor licenses) insofar as the section authorizes the Board to
					 receive and process new applications for licenses and to receive and process
					 applications for the transfer of licenses.
Section 404 (47 P. S. §
											4-404) (Issuance of hotel, restaurant and
					 club liquor licenses) insofar as the section authorizes the Board to issue
					 licenses.
Section 405 (47 P. S. §
											4-405) (License fees) insofar as the section
					 requires the transmittal of fees to the Board and authorizes the Board to
					 impose penalties for dishonored checks.
Section
					 406.1 (47 P. S. §
											4-406.1) (Secondary service area) insofar as
					 the section authorizes the Board to review and approve secondary service
					 areas.
Section 408 (47 P. S. §
											4-408) (Public service liquor licenses)
					 insofar as the section authorizes the Board to issue new public service
					 licenses, revoke licenses and receive monthly reports from licensees.
Section
					 408.1 (47 P. S. §
											4-408.1) (Trade show and convention licenses)
					 insofar as the section authorizes the Board to issue licenses to new trade
					 shows and convention centers in cities of the first or second class.
Section
					 408.2a (47 P. S. §
											4-408.2a) (City-owned stadia) insofar as the
					 section authorizes the Board to issue licenses to new stadia.
Section
					 408.3 (47 P. S. §
											4-408.3) (Performing arts facilities) insofar
					 as the section authorizes the Board to issue licenses to new performing arts
					 facilities in cities of the first and second class.
Section
					 408.4 (47 P. S. §
											4-408.4) (Special occasion permits) insofar
					 as the section designates the Board as the Commonwealth agency authorized to
					 issue special occasion permits.
Section
					 408.5 (47 P. S. §
											4-408.5) (Licenses for city-owned art
					 museums, cities first class and art museums maintained by certain non-profit
					 corporations in cities of the second class) insofar as the section authorizes
					 the Board to issue licenses to new art museums.
Section
					 408.6 (47 P. S. §
											4-408.6) (Performing arts facilities) insofar
					 as the section authorizes the Board to issue licenses to new performing arts
					 facilities in cities of the third class.
Section
					 408.7 (47 P. S. §
											4-408.7) (Performing arts facilities) insofar
					 as the Board is required to approve transfers of performing arts facility
					 licenses in cities of the first and second class.
Section
					 408.8 (47 P. S. §
											4-408.8) (Trade shows and convention
					 licenses; cities of the third class) insofar as the section authorizes the
					 Board to issue licenses to new trade shows and convention centers in cities of
					 the third class.
Section
					 408.9 (47 P. S. §
											4-408.9) (Stadium and restaurant licenses in
					 third class cities) insofar as the section authorizes the Board to issue any
					 new restaurant licenses.
Section 409 (47 P. S. §
											4-409) (Sacramental wine license; fees;
					 privileges; restrictions) insofar as the section authorizes the Board to issue
					 new sacramental wine licenses and to revoke such licenses.
Section 410 (47 P. S. §
											4-410) (Liquor importers' licenses; fees;
					 privileges; restrictions) insofar as the section authorizes the Board to issue
					 new liquor importers' licenses and warehouse permits, restricts sales to the
					 Board and requires the consignment of shipments to the Board.
Section 431 (47 P. S. §
											4-431) (Malt and brewed beverages
					 manufacturers', distributors' and importing distributors' licenses) insofar as
					 the section authorizes the Board to issue new licenses and inspect
					 licensees.
Section 432 (47 P. S. §
											4-432) (Malt and brewed beverages retail
					 licenses) insofar as the section authorizes the Board to issue new licenses and
					 revoke or suspend licenses.
Section 433 (47 P. S. §
											4-433) (Public service licenses) insofar as
					 the section authorizes the Board to issue new public services licenses, revoke
					 licenses and receive monthly reports.
Section
					 433.1 (47 P. S. §
											4-433.1) (Stadium or arena permits) insofar
					 as the section authorizes the Board to issue new special permits in certain
					 classes of municipalities and school districts.
Section 434 (47 P. S. §
											4-434) (License year) insofar as the section
					 authorizes the Board to revise license renewal periods.
Section 435 (47 P. S. §
											4-435) (Filing of applications for
					 distributors', importing distributors' and retail dispensers' licenses; filing
					 fee) insofar as the section establishes procedures and filing applications for
					 new licenses and requires applications for renewals or transfers to be filed
					 with the Board.
Section 436 (47 P. S. §
											4-436) (Application for distributors',
					 importing distributors' and retail dispensers' licenses) insofar as the section
					 designates the content of applications for new licenses.
Section 437 (47 P. S. §
											4-437) (Prohibitions against the grant of
					 licenses) insofar as the section relates to the grant of new licenses.
Section 439 (47 P. S. §
											4-439) (Malt or brewed beverage license fees)
					 insofar as the section relates to new licenses and requires fees to be remitted
					 to the Commonwealth through the Board.
Section 440 (47 P. S. §
											4-440) (Sales by manufacturers of malt or
					 brewed beverages; minimum quantities) insofar as the Board is authorized to
					 approve new types of containers.
Section 444 (47 P. S. §
											4-444) (Malt or brewed beverages manufactured
					 outside this Commonwealth) insofar as the section authorizes the Board to issue
					 new reciprocal regulations and orders and designates the Board as the agency
					 responsible for the receipt of fees, seizure and disposal of contraband,
					 conducting certain hearings, imposing fines and entering orders.
Section 461 (47 P. S. §
											4-461) (Limiting number of retail licenses to
					 be issued in each municipality) insofar as the section authorizes the Board to
					 grant new retail licenses.
Section
					 461.1 (47 P. S. §
											4-461.1) (Incorporated units of National
					 Veterans' Organizations) insofar as the section authorizes the Board to issue
					 new licenses.
Section 462 (47 P. S. §
											4-462) (Licensed places may be closed during
					 period of emergency) insofar as the section empowers the Board to take certain
					 actions.
Section 463 (47 P. S. §
											4-463) (Places of amusement not to be
					 licensed; penalty) insofar as the section authorizes the issuance of new
					 licenses.
Section 464 (47 P. S. §
											4-464) (Hearings upon refusal of licenses,
					 renewals or transfers; appeals) insofar as the section deals with the issuance
					 of new licenses and designates the Board as the agency responsible for
					 conducting certain hearings.
Section 465 (47 P. S. §
											4-465) (All licensees to furnish bond)
					 insofar as the section deals with the issuance of new licenses and authorizes
					 the Board to approve, accept, retain and order the forfeiture of bonds.
Section 466 (47 P. S. §
											4-466) (Disposition of cash and securities
					 upon forfeiture of bond) insofar as the section authorizes the Board to order
					 the forfeiture of bonds.
Section 468 (47 P. S. §
											4-468) (Licenses not assignable; transfers)
					 insofar as the section designates the Board as responsible for reviewing,
					 approving or disapproving the transfer of licenses.
Section 469 (47 P. S. §
											4-469) (Applications for transfer; fees)
					 insofar as the section requires the filing of applications with the Board and
					 the payment of fees to the Commonwealth through the Board.
Section 470 (47 P. S. §
											4-470) (Renewal of licenses; temporary
					 provisions for licenses in armed service) insofar as the section designates the
					 Board as the agency responsible for the receipt, processing, approval or
					 disapproval of renewal applications and requires fees due the Commonwealth to
					 be paid through the Board and requires bonds to be deposited with the
					 Board.
Section
					 470.1 (47 P. S. §
											4-470.1) (Renewal of hotel liquor licenses;
					 special provisions) insofar as the section authorizes the Board to provide new
					 special exemptions from renewal requirements not heretofore granted for
					 specific licensees.
Section 471 (47 P. S. §
											4-471) (Revocation and suspension of
					 licenses; fines) insofar as the section authorizes the Board as the agency
					 responsible for revoking or suspending licenses, conducting hearings and
					 imposing fines.
Section 472 (47 P. S. §
											4-472) (Local option) insofar as the section
					 deals with the operation of State Stores.
Section
					 472.2 (47 P. S. §
											4-472.2) (Granting of liquor licenses in
					 certain municipalities) insofar as the section authorizes the Board to issue
					 new licenses.
Section
					 472.3 (47 P. S. §
											4-472.3) (Exchange of certain licenses)
					 insofar as the section designates the Board as the agency responsible for
					 exchanging certain licenses.
Section 474 (47 P. S. §
											4-474) (Surrender of club licenses for
					 benefit of licensees) insofar as the section designates the Board as the agency
					 to which club licenses may be surrendered and which may revoke club licenses at
					 the termination of the surrender period.
Section 491 (47 P. S. §
											4-491) (Unlawful acts relative to liquor,
					 alcohol and liquor licenses) as follows:
Subsection (1) (47 P. S. §
											4-491(1)) (Sales of liquor)
					 insofar as the subsection restricts certain sales of liquor for off-premise
					 consumption to State Stores and authorizes the Board to adopt new
					 regulations;
Subsection (2) (47 P. S. §
											4-491(2)) (Possession or
					 transportation of liquor or alcohol) insofar as the subsection requires certain
					 liquor and alcohol to be acquired only from State Stores;
Subsection (3) (47 P. S. §
											4-491(3)) (Purchase of
					 liquor or alcohol);
Subsection (4) (47 P. S. §
											4-491(4)) (Possession and
					 use of decanters) insofar as the subsection authorizes the Board to adopt new
					 regulations;
Subsection (7) (47 P. S. §
											4-491(7)) (Sales of liquor
					 by manufacturers and licensed importers) insofar as the subsection restricts
					 certain sales only to the Board and State Stores;
Subsection (8) (47 P. S. §
											4-491(8)) (Importation and
					 sales of alcohol) insofar as the subsection restricts certain sales only to the
					 Board or State Stores;
Subsection (9) (47 P. S. §
											4-491(9)) (Possession of
					 alcohol) insofar as the subsection requires certain alcohol to be acquired from
					 State Stores;
Subsection (10) (47 P. S. §
											4-491(10)) (Fortifying,
					 adulterating or contaminating liquor) insofar as the subsection authorizes the
					 Board to adopt new regulations; and
Subsection (13) (47 P. S. §
											4-491(13)) (Violation of
					 certain rules and regulations of the Board).
Section 492 (47 P. S. §
											4-492) (Unlawful acts relative to malt or
					 brewed beverages and licensees) as follows:
Subsection (5) (47 P. S. §
											4-492(5)) (Sales of malt or
					 brewed beverages by hotels, eating places or public service licensees during
					 prohibited hours) insofar as the subsection requires notice to the Board
					 regarding daylight savings time;
Subsection (8) (47 P. S. §
											4-492(8)) (Transportation of
					 malt or brewed beverages) insofar as the subsection authorizes the Board to
					 issue licenses and permits, requires fees payable to the Commonwealth to be
					 paid through the Board and directs certain bonds to be deposited with the
					 Board;
Subsection (10) (47 P. S. §
											4-492(10)) (Importing or
					 transporting malt or brewed beverages without tax stamps) insofar as the
					 subsection authorizes the Board to issue new rules and regulations;
Subsection (11) (47 P. S. §
											4-492(11)) (Delivery of malt
					 or brewed beverages with other commodities) insofar as the subsection
					 authorizes the Board to approve the delivery of certain commodities; and
Subsection (12) (47 P. S. §
											4-492(12)) (Distributors and
					 importing distributors engaging in other business) insofar as the subsection
					 authorizes the Board to issue new rules and regulations.
Section 493 (47 P. S. §
											4-493) (Unlawful acts relative to liquor,
					 malt or brewed beverages and licensees) as follows:
Subsection (2) (47 P. S. §
											4-493(2)) (Purchase or sale
					 of liquor or malt or brewed beverages on credit) insofar as the subsection
					 authorizes the Board to adopt new rules and regulations;
Subsection (9) (47 P. S. §
											4-493(9)) (Retail licensees
					 furnishing free lunch, etc.) insofar as the subsection authorizes the Board to
					 approve the sale of certain articles of food not heretofore approved or to
					 adopt new rules and regulations;
Subsection (10) (47 P. S. §
											4-493(10)) (Entertainment on
					 licensed premises (except clubs); permits; fees) insofar as the subsection
					 authorizes the Board to issue new entertainment permits and collect permit fees
					 due the Commonwealth;
Subsection (12) (47 P. S. §
											4-493(12)) (Failure to have
					 records on premises) insofar as the subsection grants the Board access to
					 licensed premises;
Subsection (13) (47 P. S. §
											4-493(13)) (Retail licenses
					 employing minors) insofar as the subsection authorizes the Board to adopt new
					 rules and regulations;
Subsection (14) (47 P. S. §
											4-493(14)) (Permitting
					 undesirable persons or minors to frequent premises) insofar as the subsection
					 requires notice of certain gatherings to be provided to the Board;
Subsection (21) (47 P. S. §
											4-493(21)) (Refusing right
					 of inspection) insofar as the subsection applies to the Board or its authorized
					 employes; and
Subsection (25) (47 P. S. §
											4-493(25)) (Employment of
					 females in licensed premises) insofar as the subsection authorizes the Board to
					 revoke or refuse licenses.
Section 495 (47 P. S. §
											4-495) (Identification cards) insofar as the
					 section authorizes the Board to issue new identification cards and allows the
					 examination of files by any officer, agent or employe.
Section 496 (47 P. S. §
											4-496) (Reporting of worthless checks)
					 insofar as the section requires reports to be made to the Board.
Section 502 (47 P. S. §
											5-502) (Exceptions) insofar as the section
					 authorizes the Board to specify new types of exceptions.
Section
					 502.1 (47 P. S. §
											5-502.1) (Production of denatured ethyl
					 alcohol) insofar as the section requires annual registration fees due the
					 Commonwealth to be paid through the Board and provides that required records
					 and monthly production and utilization reports must be filed with the
					 Board.
Section 504 (47 P. S. §
											5-504) (Applications; filing fees) insofar as
					 the section applies to the issuance of new licenses except for new denatured
					 ethyl alcohol licenses.
Section 505 (47 P. S. §
											5-505) (Licenses issued) insofar as the
					 section applies to the issuance of new licenses.
Section
					 505.2 (47 P. S. §
											5-505.2) (Limited wineries) insofar as the
					 section authorizes the Board to enforce its rules and regulations and to adopt
					 new rules and regulations.
Section
					 505.3 (47 P. S. §
											5-505.3) (Distilleries) insofar as the
					 section authorizes the Board to adopt new rules and regulations.
Section 506 (47 P. S. §
											5-506) (Bonds required) insofar as the
					 section provides that bonds, cash and securities in lieu of bonds and
					 confessions of judgment required by the section must be filed with the Board
					 and bonds may be forfeited by the Board.
Section 507 (47 P. S. §
											5-507) (Hearings upon refusal of licenses)
					 insofar as the section relates to the issuance of new licenses and designates
					 the Board as the agency responsible for conducting hearings regarding license
					 renewals.
Section 509 (47 P. S. §
											5-509) (License must be posted; business
					 hours) insofar as the section requires the issuance of licenses by the
					 Board.
Section 512 (47 P. S. §
											5-512) (Records to be kept) insofar as the
					 section authorizes the Board to prescribe new record-keeping requirements or
					 adopt new rules and regulations.
Section 513 (47 P. S. §
											5-513) (Premises and records subject to
					 inspection) insofar as the section designates the Board and persons designated
					 or authorized by the Board as responsible for conducting inspections.
Section 514 (47 P. S. §
											5-514) (Suspension and revocation of
					 licenses) insofar as the section designates the Board as the agency responsible
					 for the suspension and revocation of licenses and conducting hearings.
Section 516 (47 P. S. §
											5-516) (Compromise penalty in lieu of
					 suspension) insofar as the section designates the Board as the agency
					 responsible for accepting compromise penalties.
Section 517 (47 P. S. §
											5-517) (Expiration of licenses; renewals)
					 insofar as the section designates the Board as the Commonwealth agency for
					 renewing licenses and receiving reports regarding changes in officers of
					 licensee corporations.
Section 519 (47 P. S. §
											5-519) (Penalties) insofar as the section
					 authorizes the Board to inspect or designate persons to inspect licensed
					 activities.
Article VI, Subdivision (A) (Forfeitures) (47 P. S. §
											§
											6-601-6-605) insofar as the
					 subdivision designates the Board as the Commonwealth agency with discretion to
					 initiate forfeiture proceedings.
Section 703 (47 P. S. §
											7-703) (Authority to issue permits to
					 distillery certificate brokers) insofar as the section authorizes the Board to
					 issue new distillery certificate permits.
Section 704 (47 P. S. §
											7-704) (Application for permit; filing fee)
					 insofar as the section applies to applications for new permits and requires
					 fees payable to the Commonwealth to be remitted through the Board.
Section 705 (47 P. S. §
											7-705) (Issuance of permits) insofar as the
					 section deals with the issuance of new permits and designates the Board as the
					 Commonwealth agency responsible for renewing permits.
Section 707 (47 P. S. §
											7-707) (Permit fee; permits not assignable;
					 display of permit; term of permit) insofar as the section requires annual fees
					 due the Commonwealth to be paid through the Board.
Section 708 (47 P. S. §
											7-708) (Records to be kept) insofar as the
					 section authorizes the Board to designate new record-keeping requirements and
					 designates the Board as the Commonwealth agency responsible for inspecting
					 records.
Section 709 (47 P. S. §
											7-709) (Renewal of permits) insofar as the
					 section designates the Board as the Commonwealth agency responsible for the
					 renewal of permits.
Section 710 (47 P. S. §
											7-710) (Permit hearings; appeals from refusal
					 of the Board to issue or renew permits) insofar as the section deals with the
					 issuance of new permits and designates the Board as the Commonwealth agency
					 responsible for conducting hearings regarding the renewal of permits.
Section 711 (47 P. S. §
											7-711) (Procedure of appeal; record to be
					 certified; cost of preparing record; appeal to supreme court) insofar as the
					 section designates the Board as the Commonwealth agency responsible for
					 representing the Commonwealth in appeals, certifying the record and receiving
					 the payment of certain costs.
Section 712 (47 P. S. §
											7-712) (Revocation and suspension of permit)
					 insofar as the section designates the Board as the Commonwealth agency
					 responsible for the revocation or suspension of permits.
Section 722 (47 P. S. §
											7-722) (Registered agents) insofar as the
					 section designates the Board as the Commonwealth agency with which distillery
					 certificate brokers shall register their agents.
Section 724 (47 P. S. §
											7-724) (Registration and issuance of
					 identification card) insofar as the section designates the Board as the
					 Commonwealth agency responsible for registering the agents of distillery
					 certificate brokers and issuing identification cards to such agents.
Section 725 (47 P. S. §
											7-725) (Hearings upon refusal of the board;
					 appeals) insofar as the section deals with the issuance of new licenses and
					 designates the Board as the Commonwealth agency responsible for conducting
					 hearings regarding the renewal of distillery certificate broker permits.
Section 726 (47 P. S. §
											7-726) (Revocation and suspension of agents'
					 registrations) insofar as the section designates the Board as the Commonwealth
					 agency responsible for the revocation or suspension of agents'
					 registrations.
Section 727 (47 P. S. §
											7-727) (Identification cards) insofar as the
					 section designates the Board as the Commonwealth agency responsible for issuing
					 identification cards to agents, changing registrations, receiving certain
					 notifications and receiving surrendered identification cards.
Section 741 (47 P. S. §
											7-741) (Duties of Board) insofar as the
					 section designates the Board as the Commonwealth agency responsible for the
					 administration and enforcement of Article VII and conducting
					 investigations.
Section 801 (47 P. S. §
											8-801) (Monies paid into liquor license fund
					 and returned to municipalities) insofar as the section designates the Board as
					 the Commonwealth agency to which fees shall be paid and which shall make
					 payments to municipalities and authorizes the Board to appropriate monies in
					 the Liquor License Fund for refunds and to deduct from payments to
					 municipalities certain amounts.
(6)
				  The Commonwealth Attorneys Act (71 P. S. §
											§
											732-101-732-506) insofar as the act
				  designates the Board as an independent agency and pursuant to Chapter 4
				  (71
				  P. S. §
											§
											732-401-732-403)
				  authorizes the Board to appoint and fix the compensation of counsel, authorizes
				  counsel of the Board to assume certain duties and powers and authorizes the
				  Board to supersede and intervene in certain actions.
(7) Any other acts or parts of acts relating
				  to the statutory functions and duties of the Board except insofar as the acts
				  or parts thereof relate to rights vested or accrued prior to December 31, 1986,
				  impose general penal provisions, restrictions or regulatory requirements, enact
				  taxes or otherwise contain provisions the continuation of which is not
				  irreconcilably inconsistent with the termination of the Board.
This section cited in 4 Pa. Code §
												7.341 (relating to Alcoholic
						Beverage Control Coordinating Council); 4 Pa. Code §
												7.342 (relating to phase-out plan);
						4 Pa. Code §
												7.343 (relating to divestment of
						State Stores and initial private licensing); and 4 Pa. Code §
												7.347 (relating to laws relating to
						alcoholic beverages and intoxicating liquors unaffected by the termination of
						the Board).