PRINTER'S NO. 859
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 828
Session of
2025
INTRODUCED BY FEE, ROWE, STAATS, M. BROWN AND SMITH,
MARCH 10, 2025
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 10, 2025
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 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," in
17 licenses and regulations for liquor, alcohol and malt and
18 brewed beverages, further providing for license auction.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 470.3(a.1)(2), (h), (i) and (k) of the
22 act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
23 are amended and the section is amended by adding a subsection to
24 read:
25 Section 470.3. License Auction.--* * *
26 (a.1) * * *
 1 (2) [Any licenses not sold shall be available for sale at
2 future auctions, provided, however, that no] No more than fifty
3 licenses shall be auctioned in any county per year.
4 * * *
5 (h) [The winning bidder shall pay to the board the bid
6 amount within two weeks. Payment] Within six months of being
7 awarded a license, payment shall be by cashier's check,
8 certified check or any other method acceptable to the board. If
9 the winning bidder does not pay the bid amount within [two
10 weeks] six months, the second highest bidder shall be awarded
11 the right to file an application for the license, so long as the
12 bid amount is in accordance with subsection (g). [The board
13 shall hold the bid amount in escrow until the license is
14 approved.]
15 (i) Within six months of being awarded the license, the
16 bidder or its assignee shall file an application to transfer the
17 license. The application shall be processed in the same manner
18 as any other transfer application and shall be subject to the
19 same restrictions as any other transfer application, including
20 any conditional licensing agreements and county quota
21 restrictions under section 461. The board shall only approve the
22 transfer of a license under this section to a municipality,
23 other than the municipality it last operated in, upon approval
24 by the governing body of the municipality as provided under
25 section 461(b.3).
26 * * *
27 (k) A license acquired under this section may subsequently
28 be transferred subject to any restrictions that would otherwise
29 be applicable to the transfer of the license[.], unless the
30 license was awarded in an excess auction under subsection (l). A
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 1 license awarded in an excess auction and subsequently
2 transferred to a different county than the county of origination
3 may not be transferred from the receiving municipality for a
4 period of five years after the date the licensed premises are
5 operational.
6 (l) A license not receiving a bid at an initial auction
7 shall be eligible to be bid upon at the discretion of the board
8 and awarded at an excess auction as follows:
9 (1) the board shall hold one excess auction every calendar
10 year;
11 (2) the license shall be awarded to the highest bidder in
12 any county, regardless of the original location of the licensed
13 premises. No more than one license shall be awarded per county
14 in an excess auction;
15 (3) the winning bidder may transfer the license without
16 regard to the restrictions under section 461(a) upon approval
17 from the governing body of the municipality where the license
18 will be transferred as provided under section 461(b.3); and
19 (4) a request to transfer the winning license to a different
20 county shall be made in writing to the board and shall be
21 subject to an application fee of twenty-five thousand dollars
22 ($25,000).
23 Section 2. This act shall take effect immediately.
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Statutes/Laws affected:
Printer's No. 0859: P.L.90, No.21