Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 2638                         PRINTER'S NO.   3224
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 2068
                                               Session of
                                                 2024
     INTRODUCED BY BIZZARRO, McNEILL, McANDREW, BERNSTINE,
        SCHLOSSBERG, SANCHEZ, PROBST, STAATS, HILL-EVANS, MENTZER,
        HADDOCK, MALAGARI, CERRATO AND GREEN, FEBRUARY 27, 2024
     AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
        REPRESENTATIVES, AS AMENDED, JUNE 4, 2024
                                    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, repealing provisions relating to surrender
    of club licenses for benefit of licensees and further
    providing for surrender of restaurant, eating place retail
    dispenser, hotel, importing distributor and distributor
    license for benefit of licensee AND FOR PREMISES TO BE        <--
    VACATED BY PATRONS.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 474 of the act of April 12, 1951 (P.L.90,
 No.21), known as the Liquor Code, is repealed:
    [Section 474.    Surrender of Club Licenses for Benefit of
 Licensees.--Whenever a club license has been returned to the
 board for the benefit of the licensee due to the licensed
 establishment not having been in operation for any reason
 whatsoever for a period of time not exceeding fifteen days, the
 license shall be held by the board for the benefit of the
 licensee for a period of time not exceeding one year, or, upon
 proper application to the board, for an additional year, and the
 license shall be revoked at the termination of the period, and
 transfer of the license shall not be permitted after the
 termination of the period.]
    Section 2.   Section 474.1 heading, (a) and (g) of the act are <--
 amended to read:
    SECTION 2.   SECTIONS 474.1 HEADING, (A) AND (G) AND 499(B.1)     <--
 OF THE ACT ARE AMENDED TO READ:
    Section 474.1.   Surrender of Restaurant, Eating Place Retail
 Dispenser, Hotel, Club, Catering Club, Importing Distributor and
 Distributor License for Benefit of Licensee.--(a)   A restaurant,
 eating place retail dispenser, hotel, club, catering club,
 importing distributor and distributor licensee whose licensed
 establishment is not in operation for fifteen consecutive days
 shall return its license for safekeeping with the board no later
 than at the expiration of the fifteen-day period. The license
 may only be reissued from safekeeping in the manner set forth by
 the board through regulation.
    * * *
    (g)   (1)   A licensee whose license is subject to this section
 may, upon written request, apply to the board to allow the
 license to remain in safekeeping for an additional one year. The
 written request must be accompanied by a ten thousand dollar
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 ($10,000) fee for licenses placed in safekeeping from counties
 of the first class, second class, second class A, third class
 and fourth class and a fee of five thousand dollars ($5,000) for
 licenses placed in safekeeping from counties of the fifth
 through eighth classes[.], except that the fees for clubs and
 catering clubs shall be five thousand dollars ($5,000) for
 licenses placed in safekeeping from counties of the first class,
 second class, second class A, third class and fourth class and
 one thousand dollars ($1,000) for licenses placed in safekeeping
 from counties of the fifth through eighth classes. For each
 subsequent year in safekeeping, the fees set forth in this
 paragraph shall be doubled over the amount charged for the
 previous year's fee. No fee shall be required if the licensee
 can prove that he or she is unable to use the license through no
 fault of his or her own, including a fire, flood or other event,
 which includes the inability to obtain an occupancy permit for
 the licensed premises from a municipality, that renders the
 licensed premises unusable. Factors such as another business
 operating at the licensed premises, the licensed business being
 no longer viable or other similar circumstances shall not
 justify a fee waiver. The board shall approve the request unless
 the license or licensee no longer meets the requirements of this
 act or the board's regulations. The fee collected shall be paid
 into the State Treasury through the Department of Revenue into
 the State Store Fund.
    (2)   (Reserved).
    SECTION 499.   PREMISES TO BE VACATED BY PATRONS.--* * *        <--
    (B.1)   UPON APPLICATION OF ANY CLUB, THE BOARD SHALL ISSUE A
 CLUB EXTENDED HOURS FOOD PERMIT [FOR A PERIOD OF SIX (6) DAYS
 DURING THE TERM OF ITS LICENSE]. THE BOARD SHALL ISSUE
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 REGULATIONS GOVERNING TERMS OF THE APPLICATION. THE PERMITS
 SHALL BE USED SOLELY FOR THE PURPOSE OF SERVING FOOD BETWEEN THE
 HOURS OF THREE O'CLOCK ANTEMERIDIAN AND SEVEN O'CLOCK
 ANTEMERIDIAN. ALL PATRONS OF A LICENSEE SHALL BE REQUIRED TO
 LEAVE THAT PART OF THE PREMISES HABITUALLY USED FOR THE SERVING
 OF LIQUOR OR MALT OR BREWED BEVERAGES TO GUESTS OR PATRONS NOT
 LATER THAN ONE-HALF HOUR AFTER THE TIME THE LICENSEE IS REQUIRED
 BY THIS ACT TO CEASE SERVING LIQUOR OR MALT OR BREWED BEVERAGES
 AND SHALL NOT BE PERMITTED TO HAVE ANY PREVIOUSLY SERVED LIQUOR
 OR MALT OR BREWED BEVERAGES IN THEIR POSSESSION, NOR SHALL THEY
 BE PERMITTED TO REMOVE ANY PREVIOUSLY SERVED LIQUOR OR MALT OR
 BREWED BEVERAGES FROM THAT PART OF THE PREMISES.
    * * *
    SECTION 3.   ALL REGULATIONS AND PARTS OF REGULATIONS ARE
 ABROGATED TO THE EXTENT OF ANY INCONSISTENCY WITH THIS ACT.
    Section 3 4.   This act shall take effect in 60 days.           <--
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Statutes/Laws affected: 
Printer's No. 2638: P.L.90, No.21
Printer's No. 3224: P.L.90, No.21