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PRINTER'S NO. 689
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 21
Session of
2025
INTRODUCED BY A. WILLIAMS, FARRY, STREET, COSTA, BOSCOLA, SAVAL,
SANTARSIERO, KEARNEY AND FONTANA, APRIL 28, 2025
REFERRED TO LAW AND JUSTICE, APRIL 28, 2025
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
preliminary provisions, further providing for definitions; in
Pennsylvania Liquor Control Board, further providing for
Office of Administrative Law Judge; in licenses and
regulations and liquor, alcohol and malt and brewed
beverages, further providing for hearings upon refusal of
licenses, renewals or transfers and appeals, for renewal of
licenses and temporary provisions for licensees in armed
service, providing for failure to maintain minimum
requirements for licensure and further providing for
revocation and suspension of licenses and fines, for
applicants to provide State tax identification numbers and
statement of State tax status, waiver of confidentiality of
information in the possession of the Department of Revenue
and other departments and review of State tax status and for
rights of municipalities preserved; in distilleries,
wineries, bonded warehouses, bailees for hire and
transporters for hire, further providing for appeals; and
imposing penalties.
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The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "eating place," "hotel" and
"restaurant" in section 102 of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, are amended and the
section is amended by adding a definition to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Eating place" shall mean a premise where substantial food
[is] offerings sufficient to constitute a meal are regularly and
customarily prepared on premises or procured from a third party
and sold, having a total area of not less than three hundred
square feet available to the public in one or more rooms, other
than living quarters, and equipped with tables and chairs,
including bar seats, accommodating thirty persons at one time
which must be accessible and available for use during any hour
alcoholic beverages are served. The board shall, by regulation,
set forth what constitutes tables and chairs sufficient to
accommodate thirty persons at one time.
* * *
"Hotel" shall mean any reputable place operated by
responsible persons of good reputation where the public may, for
a consideration, obtain sleeping accommodations and meals and
which, in a city, has at least ten, and in any other place at
least six, permanent bedrooms for the use of guests, a public
dining room or rooms operated by the same management
accommodating at least thirty persons at one time, and a
kitchen, apart from the public dining room or rooms, in which
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[food is] substantial food offerings sufficient to constitute a
meal are regularly prepared for the public.
* * *
"Restaurant" shall mean a reputable place operated by
responsible persons of good reputation and habitually and
principally used for the purpose of providing substantial food
offerings sufficient to constitute a meal, prepared on premises
or procured off-premises from a third party, for the public, the
place to have an area within a building of not less than four
hundred square feet, equipped with tables and chairs, including
bar seats, accommodating at least thirty persons at one time
which must be accessible and available for use during any hour
alcoholic beverages are served. The board shall, by regulation,
set forth what constitutes tables and chairs sufficient to
accommodate thirty persons at one time.
* * *
"Substantial food offerings sufficient to constitute a meal"
shall mean two or more entrée options and at least two or more
side options set forth on a printed menu and made readily
available for selection and purchase by at least thirty persons
at any one time whenever alcoholic beverages are actively being
served, or compliance with any minimum food requirements imposed
by other State or local licensing authorities in order to obtain
a health or food permit. An entrée may consist of a wide variety
of food items but may not consist solely of sealed prepacked
food items.
* * *
Section 2. Sections 212(h), 464 and 470(a)(1) of the act are
amended to read:
Section 212. Office of Administrative Law Judge.--* * *
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(h) The board [shall select five] may select and contract
with up to seven hearing examiners [from the complement of
hearing examiners], who have been appointed by the Governor [and
who are employed by the board on the effective date of this
subsection], to conduct the licensing hearings required by this
act. The selection of the [five] hearing examiners shall be at
the board's discretion.
* * *
Section 464. Hearings Upon Refusal of Licenses, Renewals or
Transfers; Appeals.--The board may of its own motion, and shall
upon the written request of any applicant for club, hotel or
restaurant liquor license, or any applicant for any malt or
brewed beverage license other than a public service license, or
for renewal or transfer thereof, or for the renewal of an
amusement permit, whose application for such license, renewal or
transfer, or the renewal of an amusement permit, has been
refused, fix a time and place for hearing of such application
for license or for renewal or transfer thereof, or the renewal
of an amusement permit, notice of which hearing shall be mailed
to the applicant at the address given in his application. Such
hearing shall be before a hearing examiner designated by the
board. At such hearing, the board shall present its reasons for
its refusal or withholding of license, renewal or transfer
thereof, or its refusal for renewal of an amusement permit. The
applicant may appear in person or by counsel, may cross-examine
the witnesses for the board and may present evidence which shall
likewise be subject to cross-examination by the board. Such
hearing shall be stenographically recorded. The hearing examiner
shall thereafter report, with the examiner's recommendation, to
the board in each case. The board shall thereupon grant or
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refuse the license, renewal or transfer thereof or the renewal
of an amusement permit. In considering the renewal of a license
or amusement permit, the board shall not refuse any such renewal
on the basis of the propriety of the original issuance or any
prior renewal of such license or amusement permit. If the board
shall refuse such license, renewal or transfer or the renewal of
an amusement permit, following such hearing, notice in writing
of such refusal shall be mailed to the applicant at the address
given in his application. In all such cases, the board shall
file of record at least a brief statement in the form of an
opinion of the reasons for the ruling or order and furnish a
copy thereof to the applicant. Any applicant who has appeared at
any hearing, as above provided, who is aggrieved by the refusal
of the board to issue any such license or to renew or transfer
any such license or to issue or renew any amusement permit may
appeal, or any church, hospital, charitable institution, school
or public playground located within three hundred feet of the
premises applied for, aggrieved by the action of the board in
granting the issuance of any such license or the transfer of any
such license, may take an appeal limited to the question of such
grievance, within [twenty] thirty days from date of refusal or
grant, to the [court of common pleas of the county in which the
premises or permit applied for is located.] Commonwealth Court
in accordance with 42 Pa.C.S. § 763(a)(2) (relating to direct
appeals from government agencies), which shall apply an
appellate standard of review. The appeal shall be based solely
on the record before the board and the decision of the board.
If the application is for an economic development license under
section 461(b.1) or the intermunicipal transfer of a license,
the governing body of the municipality receiving the new license
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or the transferred license may file an appeal of the board
decision granting the license, within [twenty] thirty days of
the date of the board's decision, to the [court of common pleas
of the county in which the proposed premises is located. Such
appeal shall be upon petition of the aggrieved party, who shall
serve a copy thereof upon the board, whereupon a hearing shall
be held upon the petition by the court upon ten days' notice to
the board. The said appeal shall act as a supersedeas unless
upon sufficient cause shown the court shall determine otherwise.
The court shall hear the application de novo on questions of
fact, administrative discretion and such other matters as are
involved, at such time as it shall fix, of which notice shall be
given to the board.] Commonwealth Court in accordance with 42
Pa.C.S. § 763(a)(2), which shall apply an appellate standard of
review. The appeal shall be based solely on the record before
the board and the decision of the board. The court shall either
[sustain or over-rule] affirm or reverse the action of the board
[and either order or deny the issuance of a new license or the
renewal or transfer of the license or the renewal of an
amusement permit to the applicant]. The court, within its
discretion, may also remand the matter to the board for purposes
of accepting additional evidence or taking further action
necessary to conduct appropriate appellate review.
Section 470. Renewal of Licenses; Temporary Provisions for
Licensees in Armed Service.--(a) (1) All applications for
validation or renewal of licenses under the provisions of this
article shall be filed at least sixty days before the expiration
date of same, along with tax clearance from the Department of
Revenue [and], the Department of Labor and Industry and any
applicable local tax authority, the requisite license and filing
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fees, and, except as provided under paragraph (2), shall include
an application surcharge of seven hundred dollars ($700.00):
Provided, however, That the board, in its discretion, may accept
nunc pro tunc a renewal application filed less than sixty days
before the expiration date of the license with the required
fees, upon reasonable cause shown and the payment of an
additional filing fee of one hundred dollars ($100.00) for late
filing: And provided further, That except where the failure to
file a renewal application on or before the expiration date has
created a license quota vacancy after said expiration date which
has been filled by the issuance of a new license, after such
expiration date, but before the board has received a renewal
application nunc pro tunc within the time prescribed herein the
board, in its discretion, may, after hearing, accept a renewal
application filed within two years after the expiration date of
the license with the required fees upon the payment of an
additional filing fee of two hundred fifty dollars ($250.00) for
late filing. Where any such renewal application is filed less
than sixty days before the expiration date, or subsequent to the
expiration date, no license shall issue upon the filing of the
renewal application until the matter is finally determined by
the board and if an appeal is taken from the board's action the
courts shall not order the issuance of the renewal license until
final determination of the matter by the courts. 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
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under this section. A renewal application will not be considered
filed unless accompanied by the requisite filing and license
fees and any additional filing fee required by this section.
Unless the board shall have given ten days' previous notice to
the applicant of objections to the renewal of his license, based
upon violation by the licensee or his servants, agents or
employes of any of the laws of the Commonwealth or regulations
of the board relating to the manufacture, transportation, use,
storage, importation, possession or sale of liquors, alcohol or
malt or brewed beverages, or the conduct of a licensed
establishment, or unless the applicant has by his own act become
a person of ill repute, or unless the premises do not meet the
requirements of this act or the regulations of the board, the
license of a licensee shall be renewed. Notwithstanding any
other provision of this act, a noise violation shall not be the
sole basis for objection by the board to the renewal of a
license unless the licensee has received three prior adjudicated
noise citations within a twenty-four-month period.
* * *
Section 3. The act is amended by adding a section to read:
Section 470.4. Failure to Maintain Minimum Requirements for
Licensure.--(a) A licensee shall at all times maintain the
minimum requirements to be eligible to hold and operate under a
respective license to sell alcoholic beverages at the licensee's
designated premises, including , but not limited to, maintaining
sufficient seating, square footage, food, rooms and applicable
health and sanitation permits.
(b) The Bureau of Licensing shall be authorized to conduct
inspections to assess whether licensees are maintaining the
minimum requirements for licensure after being issued a license
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to sell alcoholic beverages. Inspections may be conducted in
response to complaints made by the public, on the initiative of
the Bureau of Licensing or upon notification by the enforcement
bureau or a county or municipal public health and safety
official as to a potential deficiency. If the Bureau of
Licensing, at any time after the issuance of a license,
determines through reasonable inspection that a licensee no
longer meets the minimum requirements of this act or board
regulation to be eligible to hold and operate a license to sell
alcoholic beverages, the Bureau of Licensing shall
administratively suspend the license for a period of at least
ten (10) days pending the outcome of an administrative hearing,
which may result in the imposition of further penalties. The
Bureau of Licensing shall notify a licensee of the
administrative suspension by issuing a notice of deficiency
letter in-person or mailed via United States mail to the
licensee at the licensed premises.
(c) Following issuance of a notice of deficiency letter
under subsection (b), the matter shall be promptly scheduled for
an administrative hearing before a board hearing examiner within
ten (10) days of issuance of the notice under subsection (b).
The Bureau of Licensing shall have the burden of presenting
evidence to support administratively suspending the license.
Upon an initial showing of administrative suspension, the burden
shall shift to the licensee who shall demonstrate that the
licensee has remedied the issue and will make a good faith
effort to satisfy minimum requirements in the future. The
licensee may appear in person or by counsel, may cross-examine
the witnesses for the Bureau of Licensing and may present
witnesses and evidence on behalf of the licensee. The hearing
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shall be stenographically recorded and the hearing examiner
shall prepare an expedited report, with the examiner's
recommendation, for the board to consider in each case. The
board shall render a decision as to the appropriate final
penalty to be imposed. For the first substantiated occurrence of
failing to maintain the minimum requirements for licensure, the
board shall impose a fine of two thousand dollars ($2,000) and a
suspension of at least thirty (30) days. For a second
substantiated occurrence of failure to maintain the minimum
requirements for licensure within a twelve-month period, the
board shall impose a fine of four thousand dollars ($4,000) and
either further suspend for a period of sixty (60) days or
permanently revoke the license. The licensee may file an appeal
of the board's decision within thirty (30) days to Commonwealth
Court in accordance with 42 Pa.C.S. § 763(a)(2) (relating to
direct appeals from government agencies), which shall apply an
appellate standard of review.
(d) If a notice of deficiency letter has been issued under
subsection (b), the licensee may elect to waive the right to a
hearing under subsection (c) and obtain immediate authority to
operate by demonstrating that any issues of noncompliance have
been corrected, paying a fine of two thousand dollars ($2,000)
and entering into a conditional licensing agreement requiring
the licensee to immediately place the licensee's license into
safekeeping to be transferred to a bona fide third-party
purchaser if the licensee fails to maintain the minimum
requirements for licensure for a second time within twelve
months. The conditional licensing agreement under this
subsection, if not violated, shall automatically expire twelve
months from the date of execution. The waiver process set forth
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in this subsection shall not apply in situations where a
licensee's license has been administratively suspended by the
Bureau of Licensing for a second time within the same twelve-
month period.
(e) Proceedings involving compliance issues under this
section shall take priority over citation proceedings for the
same occurrences brought by the enforcement bureau pursuant to
section 471.
(f) This section shall not apply to other violations of this
act, regulations of the board or questions as to the continued
fitness of a licensee which are currently addressed through the
citation process under section 471 or the board's nonrenewal
process under section 470(a.1).
(g) In addition to the enforcement powers and duties under
section 211, the enforcement bureau shall establish an
inspection schedule which provides for the routine inspection of
any licensee whose license has been administratively suspended
under subsection (b) but who has subsequently regained operating
authority. Routine inspections shall continue for a period of
twelve months following the most recent administrative
suspension period under subjection (b), but shall not be
required in situations where the license has been revoked by the
board under subsection (c) or while the license is in
safekeeping because of a violation of a conditional licensing
agreement as provided for in subsection (d).
Section 4. Section 471(a) and (b) of the act are amended and
the section is amended by adding a subsection to read:
Section 471. Revocation and Suspension of Licenses; Fines.--
(a) Upon learning of any violation of this act or any laws of
this Commonwealth relating to liquor, alcohol or malt or brewed
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beverages, or of any regulations of the board adopted pursuant
to such laws, or any violation of any laws of this Commonwealth
or of the Federal Government relating to the payment of taxes on
liquor, alcohol or malt or brewed beverages by any licensee
within the scope of this article, his officers, servants, agents
or employes, or upon any other sufficient cause shown, the
enforcement bureau may, within one year from the date of such
violation or cause appearing, [cite] issue a citation to such
licensee to appear before an administrative law judge, [not less
than ten nor more than sixty days from the date of sending such
licensee, by registered mail, a notice addressed to him at his
licensed premises,] by registered mail addressed to the licensee
at the licensed premises or by in-person service made to the
licensee's board-approved manager, officer or owner at the
licensed premises, to show cause why such license should not be
suspended or revoked or a fine imposed, or both. The bureau
shall also send a copy of the hearing notice to the municipality
in which the premises is located.
(b) Hearing on such citations shall be [held in the same
manner as provided herein for hearings on applications for
license.] before an administrative law judge in accordance with
section 212. The hearings shall be scheduled not less than ten
nor more than sixty days from the date a citation is issued.
Continuance requests may be considered and granted by an
administrative law judge upon reasonable cause being shown by
the requesting party. If a continuance request is granted, the
matter shall be rescheduled as soon as reasonably practicable
for the parties and administrative law judge. Once a hearing has
been held, the administrative law judge shall issue an
adjudication and order no later than six months after the date
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of the hearing. Upon such hearing, if satisfied that any such
violation has occurred or for other sufficient cause, the
administrative law judge shall immediately suspend or revoke the
license, or impose a fine of not less than [fifty dollars ($50)
nor more than one thousand dollars ($1,000),] two hundred fifty
dollars ($250) nor more than two thousand dollars ($2,000), or
both, notifying the licensee by registered letter addressed to
his licensed premises. If the licensee has been cited and found
to have violated section 493(1) insofar as it relates to sales
to minors or sales to a visibly intoxicated person, section
493(10) insofar as it relates to lewd, immoral or improper
entertainment or section 493(14), (16) or (21), or has been
found to be a public nuisance pursuant to section 611, or if the
owner or operator of the licensed premises or any authorized
agent of the owner or operator has been convicted of any
violation of the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act," or
of 18 Pa.C.S. § 5902 (relating to prostitution and related
offenses) or 6301 (relating to corruption of minors), at or
relating to the licensed premises, the administrative law judge
shall immediately suspend or revoke the license, or impose a
fine of not less than [one thousand dollars ($1,000) nor more
than five thousand dollars ($5,000),] two thousand dollars
($2,000) nor more than ten thousand dollars ($10,000), or both.
However, if a licensee has been cited and found to have violated
section 493(1) as it relates to sales to minors or sales to a
visibly intoxicated person but at the time of the sale the
licensee was in compliance with the requirements set forth in
section 471.1 and the licensee had not sold to minors or visibly
intoxicated persons in the previous four years, then the
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administrative law judge shall immediately suspend or revoke the
license, or impose a fine of not less than [fifty dollars ($50)
nor more than one thousand dollars ($1,000),] two hundred fifty
dollars ($250) nor more than two thousand dollars ($2,000), or
both. The administrative law judge shall notify the licensee by
registered mail, addressed to the licensed premises, of such
suspension, revocation or fine. In the event the fine is not
paid within twenty days of the adjudication, the administrative
law judge shall suspend or revoke the license, notifying the
licensee by registered mail addressed to the licensed premises.
Suspensions and revocations shall not go into effect until
thirty days have elapsed from the date of the adjudication
during which time the licensee may take an appeal as provided
for in this act, except that revocations mandated in section
481(c) shall go into effect immediately. Any licensee whose
license is revoked shall be ineligible to have a license under
this act until the expiration of three years from the date such
license was revoked. In the event a license is revoked, no
license shall be granted for the premises or transferred to the
premises in which the said license was conducted for a period of
at least one year after the date of the revocation of the
license conducted in the said premises, except in cases where
the licensee or a member of his immediate family is not the
owner of the premises, in which case the board may, in its
discretion, issue or transfer a license within the said year. In
the event the bureau or the person who was fined or whose
license was suspended or revoked shall feel aggrieved by the
adjudication of the administrative law judge, there shall be a
right to appeal to the board. The appeal shall be based solely
on the record before the administrative law judge. The board
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shall only reverse the decision of the administrative law judge
if the administrative law judge committed an error of law,
abused its discretion or if its decision is not based on
substantial evidence. In the event the bureau or the person who
was fined or whose license was suspended or revoked shall feel
aggrieved by the decision of the board, there shall be a right
to appeal [to the court of common pleas in the same manner as
herein provided for appeals from refusals to grant licenses.]
the board's decision within thirty days to Commonwealth Court in
accordance with 42 Pa.C.S. § 763(a)(2) (relating to direct
appeals from government agencies), which shall apply an
appellate standard of review. The appeal shall be based solely
on the record before the administrative law judge and shall also
include any administrative filings made by the parties before
the board, as well as the board's decision. Each of the appeals
shall act as a supersedeas unless, upon sufficient cause shown,
the reviewing authority shall determine otherwise; however, if
the licensee has been cited and found to have violated section
493(1) insofar as it relates to sales to minors or sales to a
visibly intoxicated person, section 493(10) insofar as it
relates to lewd, immoral or improper entertainment or section
493(14), (16) or (21), or has been found to be a public nuisance
pursuant to section 611, or if the owner or operator of the
licensed premises or any authorized agent of the owner or
operator has been convicted of any violation of "The Controlled
Substance, Drug, Device and Cosmetic Act," or of 18 Pa.C.S. §
5902 or 6301, at or relating to the licensed premises, or if the
license has been revoked under section 481(c), its appeal shall
not act as a supersedeas unless the reviewing authority
determines otherwise upon sufficient cause shown. In any hearing
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on an application for a supersedeas under this section, the
reviewing authority may consider, in addition to other relevant
evidence, documentary evidence, including records of the bureau,
showing the prior history of citations, fines, suspensions or
revocations against the licensee; and the reviewing authority
may also consider, in addition to other relevant evidence,
evidence of any recurrence of the unlawful activity occurring
between the date of the citation which is the subject of the
appeal and the date of the hearing. If the reviewing authority
is the board, no hearing shall be held on the application for a
supersedeas; however, a decision shall be made based on the
application, answer and documentary evidence under this
subsection. If the application for a supersedeas is for a
license that has been revoked under section 481(c), the
reviewing authority shall grant the supersedeas only if it finds
that the licensee will likely prevail on the merits. No penalty
provided by this section shall be imposed for any violations
provided for in this act unless the bureau notifies the licensee
of its nature within thirty days of the completion of the
investigation. Notice under this subsection may be satisfied by
the issuance of a citation in accordance with this section if
the citation is issued within thirty days of the completion of
the investigation.
* * *
(g) If a licensee has been cited and found to have violated
any provision of this act as it relates to failing to maintain
the minimum requirements for licensure, the administrative law
judge shall impose a fine of two thousand dollars ($2,000) and
immediately suspend the license for not less than thirty days
for the first offense. For any second or subsequent violation
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occurring within the same twelve-month period, the
administrative law judge shall impose a fine of four thousand
dollars ($4,000) and immediately suspend the license for not
less than sixty days or revoke the license. If license
compliance proceedings have been initiated pursuant to section
470.4, those proceedings shall take priority and shall preclude
the imposition of any penalties under this section for the same
instances of violations.
Section 5. Sections 477 heading, (a), (b), (c), (d) and (f),
493.1(a) and (b) and 515 of the act are amended to read:
Section 477. Applicants to Provide State and Local Tax
Identification Numbers and Statement of State Tax Status; Waiver
of Confidentiality of Information in the Possession of Local Tax
Authorities or the Department of Revenue and Other Departments;
Review of State or Local Tax Status.--(a) An applicant for the
grant, renewal or transfer of any license issued pursuant to
this article shall provide to the board, upon forms approved by
the Department of Revenue and any applicable local tax
authority, the following:
(1) the applicant's State personal income tax identification
number;
(2) the applicant's State and local sales tax number;
(3) the applicant's State corporation tax number;
(4) the applicant's State employer withholding tax number;
(5) the applicant's unemployment compensation account
number; and
(6) a statement that:
(i) all State and local tax reports have been filed and all
State and local taxes paid;
(ii) all State and local taxes are subject to a timely
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administrative or judicial appeal; or
(iii) all State and local taxes are subject to a duly
approved deferred payment plan.
(b) An applicant for the grant, renewal or transfer of any
license issued pursuant to this article shall, by the filing of
an application insofar as it relates to the board, waive any
confidentiality with respect to State or local tax information
regarding said applicant in the possession of the Department of
Revenue, the Office of Attorney General [or], the Department of
Labor and Industry or a local tax authority, regardless of the
source of that information and shall consent to the providing of
that information to the board by the Department of Revenue, the
Office of Attorney General [or], the Department of Labor and
Industry or a local tax authority.
(c) Upon receipt of any application for the grant, renewal
or transfer of any license issued pursuant to this article, the
board shall review the State and local tax status of the
applicant. The board shall request State and local tax
information regarding the applicant from the Department of
Revenue, the Office of Attorney General [or], the Department of
Labor and Industry or a local tax authority and said information
shall be provided.
(d) The board shall not approve any application for the
grant, renewal or transfer of any license issued pursuant to
this article where the applicant has failed to:
(1) provide any of the information required by subsection
(a);
(2) file required State or local tax reports; or
(3) pay any State or local taxes not subject to a timely
administrative or judicial appeal or subject to a duly
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authorized deferred payment plan.
* * *
(f) Upon the required submission of the annual licensing fee
or upon renewal, issuance or transfer of any license, if the
Department of Revenue [or], the Department of Labor and Industry
or a local tax authority notifies the board of noncompliance
with the aforementioned provisions, the board shall not renew,
issue, transfer or validate the license. Any appeal filed
therefrom shall not act as a supersedeas.
* * *
Section 493.1. Rights of Municipalities Preserved.--(a)
Nothing in this act shall be construed to preempt the right of
any municipality to regulate zoning and enforce any other local
ordinances and codes dealing with health and welfare, which may
include, but not be limited to, food, sanitation, restroom or
general business nuisance issues.
(b) A municipality may file a petition with the board for an
exemption from section 493(34) of this act for all the licensees
within an identifiable area in the municipality. Prior to
submitting a petition, the municipality shall adopt a local
noise ordinance and a resolution adopted by its governing body
confirming support of the petition, citing the noise ordinance
and its intention to enforce the ordinance in place of section
493(34) of this act. Upon receipt of a petition, including a
copy of the noise ordinance, a map of the area to be exempted
and resolution, the board shall hold at least one (1) public
hearing on the petition. The hearing may be held before a
hearing examiner. The hearing shall take place within the
identified area and must comply with the notice, recording and
public participation requirements of 65 Pa.C.S. Ch. 7 (relating
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to open meetings). Within sixty (60) days after receipt of the
petition, the board shall disapprove the petition for an
exemption in its entirety or may approve an area more limited
for which the exemption will be granted if the board finds that
granting the petition shall have an adverse effect on the
welfare, health, peace and morals of the residents living in the
vicinity of the identified area; otherwise, the board shall
approve the petition. The board may place additional conditions
on its approval such as limiting the duration of the approval
and any other condition the board deems appropriate. There shall
be a right to appeal to the [court of common pleas] Commonwealth
Court in the same manner as provided by this act for appeals
from refusals to grant licenses.
* * *
Section 515. Appeals.--The board, the enforcement bureau or
any applicant or any licensee aggrieved by any decision
refusing, suspending or revoking a license under the provisions
of this article may appeal within thirty days to the [court of
the county in which the licensed premises or the premises to be
licensed are located. In the event an applicant or a licensee
shall have no place of business established within the
Commonwealth, his appeal shall be to the Commonwealth Court.
Such appeal shall be in accordance with 2 Pa.C.S. Ch. 7 Subch. A
(relating to judicial review of Commonwealth agency action).]
Commonwealth Court in accordance with 42 Pa.C.S. § 763(a)(2)
(relating to direct appeals from government agencies), which
shall apply an appellate standard of review. The appeal shall be
based solely on the record before the board and the decision of
the board. The court shall either affirm or reverse the action
of the board. The court, within its discretion, may also remand
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the matter to the board for purposes of accepting additional
evidence or taking further action necessary to conduct
appropriate appellate review.
Section 6. This act shall take effect in 60 days.
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