SB 896 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in licenses and regulations for liquor, alcohol and malt and brewed beverages, further providing for license auction.

Bill Text

• Printer's No. 1252 View text Current pdf

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This bill modifies the Liquor Code regarding the auctioning of liquor licenses, including changes to payment timing and transferability restrictions.

• Section 470.3(a.1)(2)

  Any licenses not sold shall be available for sale at future auctions, provided, however, that no → No more than fifty licenses shall be auctioned in any county per year.

  Limits the number of licenses auctioned in any county to fifty per year.

• Section 470.3(h)

  The winning bidder shall pay to the board the bid amount within two weeks. Payment → Within six months of being awarded a license, payment shall be by cashier's check, certified check or any other method acceptable to the board.

  Extends the payment deadline for winning bidders from two weeks to six months.

• Section 470.3(h)

  two weeks → six months

  Changes the specified time frame for payment.

• Section 470.3(k)

  transferred subject to any restrictions that would otherwise be applicable to the transfer of the license[.], → transferred subject to any restrictions that would otherwise be applicable to the transfer of the license, unless the license was awarded in an excess auction under subsection (l).

  Adds a new condition that licenses awarded in excess auctions have different transferability rules.

• Section 470.3(k)

  license[.], → license, awarded in an excess auction and subsequently transferred to a different county than the county of origination may not be transferred from the receiving municipality for a period of five years after the date the licensed premises are operational.

  Establishes a five-year restriction on transferring licenses that were awarded in excess auctions when moved to a different county.

• Section 470.3(l)

  A license not receiving a bid at an initial auction shall be eligible to be bid upon at the discretion of the board and awarded at an excess auction as follows: → A license not receiving a bid at an initial auction shall be eligible to be bid upon at the discretion of the board and awarded at an excess auction as follows: (1) the board shall hold one excess auction every calendar year;

  Formalizes the schedule for holding excess auctions to once per calendar year.

• Section 470.3(l)

  one license shall be awarded per county in an excess auction; → No more than one license shall be awarded per county in an excess auction;

  Clarifies that only one license can be awarded per county during an excess auction.

• Section 470.3(l)

  the winning bidder may transfer the license without regard to the restrictions under section 461(a) upon approval from the governing body of the municipality where the license will be transferred; → the winning bidder may transfer the license without regard to the restrictions under section 461(a) upon approval from the governing body of the municipality where the license will be transferred; and

  Clarifies the conditions under which a winning bidder can transfer a license after an excess auction.

• Section 470.3(l)

  transfer the winning license to a different county shall be made in writing to the board and shall be subject to an application fee of twenty-five thousand dollars ($25,000). → a request to transfer the winning license to a different county shall be made in writing to the board and shall be subject to an application fee of twenty-five thousand dollars ($25,000).

  Formalizes the process and fee for transferring a winning license to another county.

Action History

1. October 15, 2019

   PN 1252 Referred to LAW AND JUSTICE

Sponsors

• Judy Ward · Cosponsor
• Mensch · Cosponsor
• Brewster · Cosponsor
• Scarnati · Cosponsor
• Timothy P. Kearney · Cosponsor
• Browne · Cosponsor
• Killion · Cosponsor
• Regan · Primary
• Scott Martin · Cosponsor
• Gene Yaw · Cosponsor

Subjects