Appendix — Moose Lodge No. 107 v. Irvis

Supreme Court brief1972

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| APPENDIX A

“OPINION BELOW

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civ Action No. 69-107

| poate trl ;

ow \ f

Wuuus Z. Scort, Chairman,

" - Epwry Wisner, Member, and

—° @ ~~: Georce R. Bortz, Member, _ —

_ -Liguer Contror Boarp, Common WEALTH OF PENNSYLVANIA

and

? - Moose Lopce No. 107, ce

Harrisburg, Pennsylvania, Defendants. | |

Before FreepMan, Circuit Judge, SHERmay; Chief Judge,

* and Neaton, District Judge. _ . a

Wr . —

. Opinion , *;

(Filed October 8, 1970) ‘

~ Freepman, Circuit Judge: - 2

The facts in this ease are undisputed: _ They are drawn

from the pleadings and stipulations of the parties. :

Defendant Moose Lodge No. 107 is a non-profit corpora-

tion organized under the laws of. Pennsylvania. It is a:

the World; Loyal Order of Moose, a non-profit corporation

a |

. -

- subordinate lodge chartered by the s Supreme Lodge’ of.

organized under the laws of Indiana, which ‘we permitted

to. intervene and argue as amicus. curiae, The lotal Lodge

conducts all its activities in Harrisburg i in a building whieh

owns. It has never:been the recipient of public funds, |

t is the holdér of a ¢lub Jiquor license issued by the defend.

ant Liquor Control Board of the Commonwealth of Penn-

sylvania, pursuant to fhe provisions of the Pennsylvania.

‘ Liquor Code, Act of

ril 12, 1951, P.L. 90, as amended.’

Under its charter/from the. ‘Supreme "Lodge the local

‘Lodge i is bound by the constitution. and general by-laws of -

,the Supreme Lodg

Lodge: see: ‘tThe membership of the lotlges shall.

2 Phe Constitution of the Supreme

' 47 Purdon’ PRa. Stat. Annot. §5 1-101 ie.

'-2The objects ahd purposes: of the local Lodge are set forth in the

: ee of the-Supreme Lodge as follows: _- oe

“The ebjécts and purposes of said fraternal and. charitably

‘lodges, chapters, and other units are te unite in the bonds of

fraternity, benevolence, and: charity all acceptable white per:

sons of good character; to educate and improve their mem-

. bers and the families of their members, socially, morally, and,

intellectually ; to assist their memb¢rs' and their families in

time of need ; to aid and assist the aged members of: the said

' lodges, and their wiv to encourage and educate their mem-

_ bers in-patriotism and c obedien¢e to the laws of the country in

which such lodges: or dther units exist, and to encourage toler.

ance of every kind; to render particular service to orphaned

‘ or dependent children by the operation of one or more vora-

tional, educational institutions of the type and character ‘of -

the institution, called ‘ Mooseheart,’ and located at Mooseheart. :

_ in thestate of Illinois; to serve aged members and their wives

in a special and unusual way at one or more institutionsof —

‘the charatter and type of the place called 'Moosehaven.”.

located at Orange Park, in the. State of Florida; to creafe and

maintain foundations, endowment funds, ‘or trust funds, for

the purpose of aiding and assisting in carrying on’ the chari-

“table and philanthropic enterprises heretofore mentioned ; pro-

vided, however, that the corporation may act as trustée in.the -

‘ administration . of. such trust funds, with authority to use.

_ the interest therefrom and, in ‘cases of‘ emergency, the prit-

. cipal as well, for- the perpetuation of een and Moose: *

~lisven: or either of them.’’. .

. a.

‘

re en hy

fu . os ; : ‘

* : 2 A3 : . 2 -

, ‘

a Re

“be composed of male persons of the Caucasian or White

_ race above the age of twenty-one years, and not married

to someone other than the Caucasian or White race, who are ©

of good moral character, phygically and mentally normal,

who a oats a belief in a Supreme Being. .. .”°* The .

lodges ‘accordingly maintain’ a policy and practice of

restricting membership té ‘the Caucasian race and per-

~mitting members to bring only Caucasian guests on lodge |

' premises, particularly to the dining room and bar.‘ *

On Sunday, December 29, 1968, a‘ Caucasian member in

good standing brought. plaintiff, a Negro, to the Lodge’s:. ©

dining. rgom and bar. ds his guest and requested service of

food and beverages. The Lodge through its employees

~ refused servieé to plaintiff solely because he is a Negro.

Plaintiff complained ‘of the refusal of service to. the

~ Pennsylvania Human Relations Commission, which upheld

his complaint. . The Commission held that the dining room

‘Was a “‘place of public accommodation,”’ within the defini. -

tion of the Pennsylvania Human ‘Relations Act of Feb-

— ‘Tuary 28, 1961, P.L. 47,5 and that the local Lodge had. been:

* guilty of.discrimination against defendant.. On appeal by_ .

the local Lodge the Court of Common Pleas of Dauphin.

County reversed the ‘Commission and-held that. the dining

_foom was not a place of public accommodation within the

-méaning of the Act.® — a . Cae es

a ‘

In the meanwhile plaintiff brought this action in the:

. District Court for the Middle Section of Penisylvania, and

‘this three-judge’ court was constituted under 28 U.S.C.

$2281 to. determine whether the issuance ‘or renewal by the

“Section 71-1, - Aes mg is Poe

* Section 92.2'of the Constitution of the Supreme’ Lodge permits

members. to . invite ‘non-members, apparently without limitation. ..

to social clubs maintained by a lodge. Under § 92.6 only a member ™ -

may make any purchase.- aR an

, *43 Purdons’s Pa: Stat. Annot. §§ 951 et seq.

". “Pennsylvania Human Relations;Commission v. The Loyal Order-

_ of Moose, Lodge No. 107, =-Pa-D. & C. 2d — (CP. Dauphin |

founty, March 6, 1970). . ° > ets ee wi

x “y S — ee _ -

: =. a as ve - RD EO IME Sg AE AES GOAL TS, ip LEME ETE EE

* Pennsylvania Liquor Controt Board under the ‘Pennsyl.

vania. Liquor Code of a club liquor license to: the local

Lodge despite its discrimination against Negroes Violates

the Equal. Protection Clause of the. Fourteenth Amendment.

. Racial discrimination is “undisputed i in this case. It was

not only practiced against plaintiff by the local Lodge but J

is required by the constitution of the Supreme Lodge, ~

- The question in the case, therefore, is focused on whether

‘the admitted discrimination by the local Lodge in refusing

. to service plaintiff a drink of liquor because of his race

‘bore the attributes of state ‘action and so falls. within the

\ prohfbition of the ‘Fourteenth Amendment. against the

\, denial by a state of the equal protection of the. laws. _

The bqundaries which define what is state action are not

always clear... This case presents’ a situation which is one _

of firyt impr ession. It comes ‘to us strrounded by a mass

Nions which can serve as guides, although they. do’

itatively direct our conclusion.* .

xX , . =

7 ** Because the. virtue of the right to equal protection ef the laws

~ eould lie only in+ breadth of. its application, its: constitutional ie

_assnrance was reserved in: terms whose imprecisidn «was necessary

if the right were to be @ajoyed in the variety of individual-state

_ not auth

. ” relationships which the Ameitdment was designed to embrace. For

tlie same reason, to fashion and lv a pre¢ise formula for recor:

nition, of state responsibility under Equal Protection Clause is *

an. ‘impossible task’ which ‘This Co jas never attempted’.

_. + Kotch v. Pilot Comm’ rs,. 330 U.S. 552, 536. Iv by sifting facts -

- and weighing circumstances could the nonodvi involvement

At the State in private conduet be attributed its true sim cance.”

Burton v, W ilmington Parking Authority. 365 US. “715. 12 |

( 1961). . : ;

8 A few of the leading discussions of ‘the subject. of state action

.* * aré Developments in the Law: Equal Protection, 82 Harv. L. Rev.

oe 1065 (1969) ; Black, ‘Forward: ‘‘State Action, ‘Equal Protection.

and California’s. Proposition 14,’" 81 Harv. L. Rev. 69 (1968);

Paulsen, The Sit-In Cases af 1964:.‘‘But Answer Came There

None,’? 1964 Sup. Ct: Rev. 187 (1964) ; Henkin, Shelley v. Kraemer:

Notes for a Revised Opinion, 110 U. Pa. L. Rev. 473 (1962) ; Lewis

‘The Meaning af State Action, 60 Colum.L.Rev. 1083 (1960),

—

* a

ASd

We believe the deciave factor is the uniqueness and the

~all- -pervasiveness of the regulation by tg Commonwealth _

of Pennsylvania of the: ‘dispensing of liquOr under licenses

granted by the state. The régulation inherent in the grant ~

of a state liquor license is so different in nature and extent

from the ordinary licenses issued by the state: that it is.

different in quality.

It: had. always been held in Pennsylvania, eyen prior to

the Eighteenth Amendment, that the exercise of the power

to. grant licenses for the sale of intoxicating liquor. was an

exercise of the highest governmental. power, one in which

‘the state had the ae freedom -inhering in the police

power of the sov ereign.® With the Eighteenth Amendment

which went into effect in 1919 the right to deal in intoxieat-

ing liquor was extinguished. The era of Prphibition ended |

with the adoption in 1933 of the Twenty-first Aniendment,

"which has left to each state the absolute power to prohibit

the sale, possession or use of intoxicating liquor, and in <

general to deal otherwise with it as it sees fit.”°

Pennsy ania has exercised this powet with the fullest

measare of state authority. “Under, the Pennsylvania plan

the state monopolizes = Sale of liquor. through its so-

* Tahiti Bar. Ine. Liquor: License Caee: 395 Pa. 355, 150. A.2d*

112. appeal dismissed, 361 U.S. R85 (1959) ; Cavanaugh -v. Gelder, “

364 Pa. 361, 72 A.2d 713 (1950) : Spankard’s Liquor License Case,

138 Pa.’ Super. 251, 10 A.2d $99 (1940): Commonwealth wv. One

Dodge Motor Truck: 123 Pa. Super. 311, 187 A. 461 (1936). °

also Goesaert, v.. Cleary, 335 U.S. 464, 465_ (1948) (‘*The ain

tion of the liquor traffic is one of the oldest and: most untrammeled

of legislative powers....: :’’); Crane’ v. ,Campbel. 245 TS 30

308. (1917) ; Mugler w. Kansas, 123.U.S° 623 (1887) and License

* - Cases,46 U.S. (5 How.) 504 (1847). ° . ws ae

1 See, e.g. Seagram & Sons, Ine. - *. Hastetter, “384 U.S. 35. 42.

(1966) : Hostetter < v. Idlewild Bon Vorage Liquor Corp., 377 U.S

* * 324, 330 (1964)- Ziffrin, Inc: v. Reeves, 308 U.S. 132, 138 (1939) ; .

Staté Board v. Young’s Market Co., 299 U.S. 59 (1936). * See

generally,’ Note, The ‘Evolving Scbpe of State Power Under the

Twenty — ——es 19 Rutgers L.Rev. 759 (1965).

» = _ R * ° ,

weed

called state stores, operated by the state. Resale of liquor _

is permitted by hotels, restaurants and private clubs, which

must obtain licenses from the Liquor Control Board,

| authorizing them ‘‘to purchase liquor from a Pennsylvania

‘Liquor Store [at a discount] and Keep on the. premises

-such Jiquor and; subject:to the provisions of this Act and

_ the regulations, made thereunder to sell the same and also

malt or brewed beverages to guests, .patrons or members

for consumption on the hotel, restaurant or club

premises. = |

The issuance or refusal. of a license to a-club is in ‘the

discretion of the Liquor Control Board.? In order to —

secure one of the limited numberof licenses _ Which. are

available. in each municipality * an applicant must comply’

with extensive requirements, which in general-are applicable

to commercial and club licenses equally. The applicant

‘must make such physical alterations i in his premises as the

Board may require and, if a club, must file a list of the

names and addresses of its members and employees, to-

gether with. such other information as the Board may

require.* He must conform his overafl financial arrange

ments. to the statute’s exacting requirements ** and keep

extensive records.'* “ He may not permit ‘‘persons of ill -

repute’? to frequent his premises nor allow ,thereon at ,

any time any ‘‘lewd, immoral or improper entertain

11 47-Purdon’s Pa: Stat. Annot. § 4-401 (a). - « 4

2 47 Purdon’s Pa. Stat. Annot. § 4-404. .

3 See 47 Purdon’s Pa. Stat. Annot., § 4-461, as amended, r

§ 4.472.1. When the quota for commercial licenses is reached in @

municipality, no new club license can be issued there even if a club

license already.granted is eliminated.

447 Purdon’s Pa. Stat. Anriot. § 4-403. See also § 1- 102. eluh””

1 See, e.g., 47 Purdon’ s Pa. Stat. Annot. § 4-411 and § 4-493.

416 See, e.g., 47 Purdon’s Pa. Stat. Annot. § 4-493 ( 12). .

. 1747 Purdoni’s Pa. Stat. Annot. § 4.493(14).

* ment. He must grant the Board and its agents the

right to inspect the licensed. premises at any time when

patrons, guests or members are present.!® It is only on

complance with these and numerous other requirements

and if the Board is satisfied that ‘the applicant is ‘fa

_ person of. good repute’? and that the license. will: not be

“detrimental to the welfare, health, peace and morals of

the iihabitants of the. neighborhood,’ ’’ that the license may

issue"? s Se

x9 IS

Once a license has been issued: the ligensee must comply

with many detailed requirements or risk its suspension or

revocation. He must in any event have it renew te

veriodically. Liquor ‘licenses have been employed:

_ Pennsylvania to regulate a wide variety of moral ondluck,

‘such. as the presence. and. activities of homosexuals,

_ performance by a topless dancer,” lewd dancing,” swear- .

ing, heing noisy or disorderly.** So broad is the state’s

power that the courts of Pennsylvania have upheld its.

restriction of freedom of expression of a licensee on the

, ground that in.doing so it merely exercises its plenary

power to attach conditions to thie privilege of dispensing

hauor which a licensee molds at the sufferance of the state.*6

847 Purdon’s Pa. Stat. Annot. § 4-493(10).

_ *47 Purdon’s Pa. Stat. Annot. § 4.493 (21).

‘ 47 Purdon’s Pa. Stat. Annot. § 4404.

21 Freeman Liquor License Case, 211 Pa. Super. 132, 235 A.2d.

895

(1967). -

* Searcia Appeal, 46 Pa. D. & C. 2d 749 (C.P. Lehigh Co. 1968).

.3 Golden Bar, Ine. Liquor License. .Case No. 2, 193 Pa. Super:

44.165 A.2d 287 (1960). : >

in Reiter Liquor License Case, 173 Pa. Super. 552 , 554, 98 A2d

465, 467 (1953). -:

-- ® Petty Liquor License Case. 216 Pa. Super. 55, 258 A.2d 874.

(1969). and cases ‘there cited. .

* Tahiti Bar, Inc. Liquor License Case, 395 Pa. 355, 360-62, 150

a 112, 115- 16, appeal dismissed 361 U.S. 85 aeons

Thesé are but some of the many reported iJlustrations

of the use which the state has made of its unrestricted

. power to regulate and even to. deny the right to sell,

transport or possess intoxicating liquor. It would. be

_ difficult to find a more pery asive mteraction of state

authority with personal conduct. The holder of a liquor

‘Jieense from the-Commonwealth of Pennsylvania therefore

is- net like other licensees who conduct their enterprises

at arms-length from the state, even though they may have :

been required ‘to comply with certain conditions, such as

zoning or building requirements, in order to obtain or

continue to enjey the license which authorizes them to

engage in their business.’ The state’s concern in such eases

is minimal and once the conditions it-has exacted are met:

the customary -opérations of the eriterprise are free from.

further encroachment, Here by contrast beyond .the act

of licensing is the continuing and pervasive regulation of

the licensees. by. thfe state to. an unparalleled extent. The

unique power Which tle state enjoys in ths area, which

has put it in the business of operating state liquor stores .

- and in the role of licensing clubs, has been exercised in a

-manner which reaches intimately and | deeply into the

operation of the licensees.

In addition to this, the regulations of the Liquor Control

Board adopted pursuant to the statute affirmatively require

that ‘‘every club licensée shall adhere to all the provisions -

of its constitution and by-laws.’’** As applied to the

present case this regulation’ requires the local Lodge to

adhere to the’ constitution of the Supreme Lodge* and _

- -thus to exclude non- Caucasians from membership in its

licensed club. The state. therefore has. been far from

neutral. It has adeelance that the local hades must a

27 Reculations, § 113.09. ,

28 As stipulated by the —a "Local Lodge No. 107 has to

constitution or by-laws other than those of the Supreme Lodge. by .

which the’ local lodge is a daa d governed under its charter.

' to the discriminatory provision under penalty of loss of

‘its license. It would: be difficult in any event to consider :

tie state neutral in an area@ which is so permeated with

-state regulation and control, but any vestige of neutrality

disappears when the state’s regulation’ specifically exacts

compliarice by’ the licensee with an approved provision for

discrimination, especially where the exaction holds the

threat of loss of the license. os

However it may deal with i iceneees 4 in exercising its...

creat anid untrammeled power over liquor traffic, the state

may nat: ‘discriminate’ against others or disregard the

_operation of the Equal Protection Clause of the Fourteenth:

_ Amendment as it affects personal rights.” Here‘the state—

‘has used its great power to license the liquor traffic ina.

manner which has no relation to the traffic in liquor itself

.but instead permits it to be exploited in the pursuit of a

-diseriminatory. practice: Here then are fully applicable |

the words of .the-Supreme Court in Burton v. Wilmington

Parking Authority, 365 U.S..715, 725 (1961), where dis-

crimination by a coffee shop lessee in the municipal parking |

authority’s garage building was held to be state action:

‘“‘[I]n its lease with Eagle the Authority could have

affirmatively required Eagle to discharge the respon-

sibilities under the Fourteenth Armhendment imposed:

upon the private enterprise as‘a consequence of state

participation. But no State may effectively abdicate

its responsibilities by either ignoring them or by merely |

failing to discharge them Whatever. the motive may

be... . By its inaction, the Authority, and throug it

* Goessert ¥., Cleary, "335 US. 464. 466 (1948). See, e.g.; Parks .

t. Allen, 409 F.2a 210 (5 Cir. 1969):; ‘Atlanta Bowling Center, Ine.

v. Allen, 389 F.2d 713 (5 Cir. 1968): Lewis. v. City of. Grand

Rapids, 356 F.2d 276 (6 Cir. 1966}: Seidenberg v. McSorleys’ Old

Ale House, Inc., — F. Supp. — (S.D.N.Y. 1970). See generally.

Provisions of Statute Regarding Personal Qualifications Necessary _

‘0 Entitle One to License for Sale of Intoxicating Liquor. As

Denial of Equal Protection of Laws, 145 A.L.R. 509 (1943).

: »

eine: 0 0 RR RARE RE TRIE EAR By AINE Te

Fs A10

- the State, has not only made itself-a party to. the -

refusal of service, but has elected fo place its power,

property. and prestige behind the admitted discrimina-.

tion. “The State has so ,far_ insinuated itself into a

position of interdependence with Eagle that it must

be recognized as a joint participant in the challenged |

activity, which, on that, aecount, eannot be considered

to have beén so ‘purely private’ as to fall without the

move of the Fourteenth Amendment. =

~ Asin Burton, the state has ‘insinuated itself into a position

of interdependence’ with its club licensees, and as in Shelley

- vy. Kraemer, 334 U.S. 1 (1948), it has undertaken to enforce

” the privately promulgated constitutional provisions of the

? elub establishing discrimination.

3°-See Evans v. Newton, 2US ' 996, 299 (1966) (‘Condnet

that is formally ‘private’ may become so entwined with govern-

mental polici ies or SO impregnated with a governmental character

as to become subjéct to the constitutional limitations placed upon

state action... That is to say. when private individuals or groups

are endowed by the State with powers or functions governmental in

nature, they become agencies or instrumentalities of the State an?.

subject to its constitutional limitations.’*). See the discussion’ of

Burton, Evans and related decisions in Reitman Vv. Mulkey. 387

U.S. 369, 378-81 en and:in United States v. Guest, 383 US

745, 755-56 (1966) (‘In a variety of situations the Court has

found state action of ‘a nature sufficient to create rights under the

Equal Protection Clause even though the participation of the State .

*was. peripheral, -or its action was anly one of several co-o1 nerative

forces leading to the constitutiona] .violation.’*) See also. ez.

Turner ¥. City of Memphis,.369 U.S. 350, 353.-(1962) :, Pennstl-

vania v. Brown, 392 F.2d 120 (3 Cjr:). cert. denied 391 U.S, 921

(1968) : Smith v. Tampton Training School for Nurses, 360 F.2d

577 (5 Cir. 1966) ; Wimbish v. Pinellas County, Florida, 342 F.24

"804 (5 Cir. 1965); Smith v.. Holiday Inns’ of America, Ine., 336

F.2d 630 (6 Cir. 1964) : Simkins v. Moses H. Cone Memorial “Hoe -

pital, 323 F.2d 959 (5 Cir. 1963). .

See generally Karst & Horowitz, Reitman v. Mulkex: A Telophas

.of Substantive Equal Protection, 1967 Sup. Ct. Rev. 39, 55-79.

(1967) ; Peters, Civil Rights and State Non- Action, 34 Notre Dam"

Lawyer 303 (1959).

a ; All

There is no iaeetion here of interference with the right -

_ of members’ of the Moose: ‘Lodge to associate’ among them-

selves in harmony with their private predilections. The

. gate, however, ‘may not confer upon them in doing the

~ authority which it enjoys: under its police power to e ge

in the sale or distribution of intoxicating liquors, under

a grant from the state which is conditioned in this case .

on the club’s adherénce to the requirement of its constitu- 7

tion and customs that it must practice discrimination and

refuse membership or service. because of race.

“Nothing 4 in what we -here say implies a” judgment on

private clubs which limit participation to those of a shared

~ teligious affiliation or a mutual heritage’in national origin.

Such cases are not’ the same as the present one where

discrimination is practiced solely on. racial grounds. and

therefore collides head-on against the ‘‘clear and central

‘purpose of the Fourteenth Amendment . . .- to eliminate

-all official state sources of invidious racial discrimination

in the States. °° Loving v- ia 388 U.S. 1, 10 (1967) ;

and cases there cited.

We therefore hold that the club on rented by’ the

Liquor Control. Board of ‘the Commonwealth of Penn-

stlvania to the Moose Lodge No. 107 is invalid because it

is in violation of the Equal Protection Clause of the

‘Fourteenth Amendment of the Federal Constitution.

An appropriate ‘form of ‘decree may be submitted.

/s/ ABRAHAM L. FREEDMAN

Abraham L. Freedman,

Circuit Judge .

| /8/ Micuary H. SHERIDAN -

Michael H..Sheridan,

Chief Judge rt S

/s/ Wru1am J. Ngaton *)

- - William J. Nealon, Jr...

* District Judge -

> vy

Ald. -

APPENDIX B

JUDGMENT BELOW

-- IN THE UNITED STATES DISTRICT COURT |

- FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

‘

~ Civ Actios No. 69-107

~ K. Leroy Irvis, -Plaintiff

Vv.

Wiriuam Z. Scorr, Chairman,

Epwix Wixxer, Member, and

-' Georce R. Bortz, Member, ae

Liqgudr ContTRou. Boarp, COMMONWEALTH OF PENNSYLVANIA

- and

- Moose’ Lopcr No. 107,

Harrisburg, Pennsylvania, Defendants.

- | . Final Decree’ |

Anp Now; this 13th day of November, 1970, pursuant to

the Opinion filed in this ease on October 8,°1970, it is hereby

ordered and decreed as follows: ae

1. The club liquor license presently held by defendant’

_ Moose Lodge No. 107 and issued to it by the Pennsylvania

Liquor Control Board gnder the Pennsylvania Liquor Code

is hereby adjudged an declared invalid-hecause it is it

‘violation of the equal protection clause of the Fourteenth

“Amendment to the Constitution of the United States. ©

°2- Defendarits, the Pennsylvania Liquor Control Board:

its members, William Z. Scott, Chairman, Edwin Winner

and George. R. Bortz, and their successors, are hereby

directed forthwith to terminate and eancel the’ club Jiquor

. . s

ee y i Al3 —

* as ° > .

. ~ 7 ,

licetise. issued by eae Board to defendant Moose aeaee

No. 107.

3. Defendants, the Pennsylvania Liquor Control Board,

its membre William Z. Scott, Chairman, Edwin, Winner

and George R. Bortz, and - their successors, are hereby

* permanently enjoined and. restrained from issuing any club

liquor license to defendant Moose Lodge No.. 107 as long

as it follows a policy of racial diserimination i in its member-

ship or operating: pone: or practices. .

4. Any party at any time may apply for modification of

this decree. ”

5. Execution and enforcement of this decree is hereby |

/s/ ene L.’FREEDMAN |

Abraham L. Freedman,

, Circuit Judge

stayed for a period of: sixty (60) days. le

sf: Micnasen H. SHERMAN:

Michael H. Sheridan, ~

, Chief Judge

7 /s/ pane J. Neatox

- _*William J. Nealon,

District Judge

PAM

APPENDIX é 1. onde

ORDER DENYING MODIFICATION

“IN THE, U NITED STATES” DISTRICT. COURT

- FOR THE MIDDLE DISTRICT ‘OF PEN NSYLVANIA

Civil Action No, 69-107

K. Leroy: Irvis, Plaintiff.

¥ . t 4 7 | , V. _

. Wituyam Z. ‘Scorr, Chairman

Epwix WINNER, Membr, and °

-. 4yEorGE R, Bortz, Menjber,

“ ) . Liquor ConTROL Bo RD

. Com on w EALTH QF PENNSYLVANIA ~

and —

‘ “Moose LopcE ea: 107,

\ Hartisharg, Pennsylv ania, Defendants.

\ i ait

: ‘ nae .

@\ +. 7

r\ &.

> kee Note, this 5th: ie ‘of January, 1971, the motion of

_ defendank Moose wt No. 107 to =e the final decree’

is. hereby” denied. 3 : . 7

+. + /s/ Appanam L, FReepMay,

Oye ‘ , Abraham L. Freedman,

| : _— Cireuit Judgeg’- -

ee 7 8 s/ Micnagn H. SHermay, |

a “+. ‘Michael H. Sheridan, =

or as Chief Judge

“Ys/ Wuuas J. Neatos,

oe , William J. Nealén, Jr,

4 - | _. District Judge

\ "AIS

APPENDIX D

NOTICE. OF APPEAL

GN THE UNITED: oratee DISTRICT COURT

’ FOR THE MIDDLE DISTRICT OF PEN NSYLV ANIA |

K. LEROY Invis, Plaintif.

* Ww ILLIAM , Scorr, Chairman

{DWIN rehthi Member, and,

GEORGE R. Bortz, Moesber.

~Ligv on CoxtRot Boarp

CoM MON WEALTH: OF PENNSYLVANIA "*

> .

, Moose LopcE No. 107,

°, bie cua Pennsylvi ania, Defendants.

si ?

Notice of Swed to the Supreme Court of the United States

1. Noticé is hereby given that MOOSE LODGE No. 107,

. Harrisburg, Pennsylvania, one of the defendants: ‘above

named, hereby appeals to the Supreme Court of the United

States from the fimal deéreé entered in this action on

November 13, 10, .

2. This ‘appeal is. taken n pursuant t to 28 U. S.C.. . 1253 and e

101(b). aly , |

— this 4th day of January 1971,

/s/ THoMas. . CALDWELL, JR.

| Whoseied D. Caldwell, Jr.,

Caldwell, Clouser -& Kearns,

123 Walnut Street,'

Harrisburg, rr. 17101

Attorney for. Deferidant Moose. ;

_ Lodge No. 107.

[Certificate of Service omitted].

—~ prize

Civil Action No. 69.107 ; oe ae,

RETRY AL Fe oe

yh te ON 16 ae /

ie a , a \ /

| "APPENDIX E rr ae

me \, ONSTITUTIONAL PROVISION AND FEDERAL

eae TT oo ‘STATUTE INVOLVED

AL sBecitan J of ‘the d: ‘onrteenth: Arendment ‘provides’ as

follows:

ot OE tikes TIQN 4. All persons born of naturalized i in the

. ave " Nited States, and subject to the jurisdiction thereof,

\. are ‘citizens-of -the—Lnited Statés ‘and ‘of the State

“Nchertint they reside. No State-shall’ make: or enforee

Sa Qe 2 An law. which shall abridge the privileges or immu

| nitioy: of citizens of the United St tates: rior shall, any

State de epTIVe, any persor of life, libe ‘rix, or property,

* withont> due process. ‘of daw: nor “deny to any: person

wet Within’ its. jurisdi ction “the veqnal protection of the

ry we “law S.. es a a. > : ;

. *

rs 9. Section 201(e) ‘of the. Civil, Rights Net of 1964 (2

TS.G 2000a (¢ )). prov ne Sas follows: sy

Tact Se ee “ “TITL EH — IN JUNE ‘TIVE RELIEF AG. \INST

pe DISC RIMIN ATION IN? PL eats ES OF PUBLIC AC-

“i : COMMOD AT ION, ;

tt See. 204

. te ; ‘“Ce) Phe } ravis sions of thie title shi “ll not atpply toa

me . private club or other establishment not in fact “open

to the publye, except ta the extent that the faciltties of

— Such’ extablishment are. tuade available’ to the cus-

| —_ " totners or patrons of an dst: ahlishme nt within the Scope

4 of Subsection Ab).? er,

. ‘

‘

Lo.

. .

. /

e ‘

= . '

“

. «

= — ee

INTHE © | FRB 2

> Bate Court of the United brates: SEAVER, B

Supreme Court, |

_ &

OcTOnm TERM, 1970

So $RGQ So. 2S

Moose LiopcEe No. 107, Appellant,

K. Litioy Irvis, and Wiiuiam Z. Scott, Chairman, Epwin

Winxner,.Member, and Groree R. Bortz, Member,

Lig or ContTROL Boarp, ComMONW EALTH

. ~ or .PEXNSLYYANIA ;

Appeal’ ion the United States District Court ram the

Middle District of poaaepreas

“APPENDICES F AND G TO.

JURISDICTIONAL STATEMENT

_ F_PENNSYLVANIA LIQUOR CODE AND REGULATION Ss

_G-CONSTITUTION OF SUPREME LODGE OF THE

os LOYAL ORDER OF MOOSE

FRELERICK BERNAYS WUENER.-

* 1750 Pennsylvania Avenue, N.W.,

CLaRENcE J. Ruppy. Washington, D. C. 20006,

> 111 West Downer Place. Counsel for the Appellant.

s.. Aurora, Iliinois 60504. 7 . :

Rosert E.’Woopsiner,

Two North Market Square,

Harrisburg, Pennsylvania 17101, ~ - : .

Tomas D> CaLpw ELL, JR., . . .

» 123 Walnut Street, .

: Harrisburg, Pennsylvania 17108..

Of Counsel.

. s

Press or Byron S. ADAMS ‘PRINTING, INC., ‘WASHINGTON, D.C.

‘

ENO

PAP IRE arom ote eines pane cemennegy

. ’ .

PENNSYLVANIA LIQUOR CODE

AND RELATED LAWS

ts WITH

_ P.L.C.B. REGULATIONS

Commonwealth of Pennsylvania

PENNSYLVANIA LIQUOR CONTROL BOARD

RAYMOND P. SHAFER "W..Z. SCOTT, CHairman.

'.- Governor EL. WINNER

G. R. BORTZ

SUMMARY OF CONTENTS —

.. Liquor Code seccemeeeed bisa telarieoiire Ceviecsi kink tiie “7

Quota Lav Of 1939 anne sehen

5 me B! iicgalaciong Peon

Spiritous and Vinous Liquor Tax.Law.......:.. |

. Malt Beverage Tax Law .........0...0000leeceee

Emergency Oe Be

’. Penal Code (Extracts) NRisegeatindticens

a re

pee

Sc oath a en

LTA POs ay Ba’. Qe noes

iia .

5 ERY CMM Bai i AE Ho KO

FOREWORD

The following. contains he complete text of the. 7

“Liquor Code” of 1951, including all amendments to

June 1, 1970. Also included in this compilation are

related laws pertaining to alcoholic bevetage control,.

the Liquor Control Board Regulations and a compre:

hensive index.

Mr.. Harold E. Wetzel, Director of the Bureau of

zs Licensing, prepared ‘the. original compilation and

index — which the following i isbased. © .

kichacowtatioteinss is made to Timothy L. McNickle,

John L: Sampson, III, and’Thomas J. Carlyon, Legal

Assistants in the Board’s Legal Bureau, who revised

_ the compilatiqn-and index and to Thomas. J. Shannon, .

Esquire, Assistant Attotney General and Counsel for —

the Board under whose supervision and guidance the.

work was done.

PENNSYLVANIA Lor CONTROL BOARD

WILLIAM Z. SCOTT, Choirman ae

- EDWIN WINNER

‘GEORGE R. BORTZ

ees

Pies

se Gas

Revised June,.1970 ?

é i

. amended by Act 18 of February 21, 1961, P.L. 45: amended by Act 2Il of © ——

” September 20, 1961, P.L. 1513; amended by Act 663 of September 21, 1961,

"by Act 702 of September 28, 1961, PL. 1728; amended by Act 242 of August ©

* by Act 161-of August 10, 1965. PL. 306; antended by Act 1&2 of August 17, -

“Act 445 of December'22, 1965, PL. 4149; amended by Act 518 of January. *’

1959, P.L. 1360; amended by Act 543 of November 19, 1959, P.L. 1532:

‘July 10, 1961,-P.L. 554; amended by Act’ 275 af July 10, 196}, PLL. S61;

-amendcs} by Act 347 of July 18, 1961, PL. 7s9:; amended Act 348 of

1.. LIQUOR CODE -

(act 21 of. April 12, 1951, P.L. 90; amended by Act 502 of January 14, :

1952, P.L. 1863;, amended by Act 504 of’ January 14, 1952, P.L. 1865; °

amended by Act 591 of January 14, 1952, Pt. 20s9- amended by Act 619:

‘of January 19, 1952, PL. 2170; amended by Act 272 of A t 19; 1953,

rhended

PL. 1061; amended by Act 382 of August 22,1953, P.L. 1 : a

yct 297 of January 26, 1956, PL. 966; amended by Act 348 of February

17, 1956, P.L. 1077; amended by Act 349 of Februaty 17, 1956, P.L. 1078;

amended by Act 499 of April 20, 1956, PL. 1508; amended by Act 533 of ;

May 15, 1956, P.L. 1587; amended by Act 583 of May 25, 1956, P.L. 1743; ©

amended by Act 99 of May 27: 1957. iL. 201: amended by Act 170 of June

14, 1957, 1° -1.. 322; amended by Act 231 of June 2k, 1957, P_L. 419; amended

by Act 266 of July 3, 1957,-P.L. 475; amended by Act 346 of July 10. 1957,

P.L. 638; amended by Act 220 of August 11, 1959, P_L. 670; amended by.,. .

act 260 of August 25, 1959, PL. 746; amended by Act 471 of October y:

amended sby Act. 553 of November 19, 1959, P.1.. 1546; amehded by ACt.

355 of November 19, 1959, P.L. 1550; amended by Act 702 0fDecember

17, 1959, PLL. 1932; amended by Act 781 of January,7, 1960, P.L. 2106; a

june 15, 1961; POL. 423; amended by Act 234 of junc 19, 1961. P.L. 482; -.

amended by Act 245 of, June 19,1961, PLL. 484; amended by Act 269 of

July 18. 1961, P.L.- 790; amended by Act 381 of July 26, 1961. P_L_ 886;

amended by Act 456 of August 21, 1961, PL. 1015; amended by Act 495 of _-

August 23, 1961, P.L. 1145; amendcd by Act 583 of September 15,1961,

P.L. 1325; amended by Act 590 of Se ember 16, i961, PL. 1337; amended

by Act 639° of.“September 19, 1961, P.L. 1307: amended by Act 642 of

P.L. 1579;-amended by Act 676 of September 22, 1961, P.L. 1599: amended

1, 1963. P:L. 456: amerded by Act LOL of June 29. 1965, 11. -151:.amended

1965, PL. 346; amended by Act 3160f Octohér 21, 1965, PI. 642; amended

by «ict 343 of November 10, 4965, PL. 716: amended by Act 360 of Dec-

ember 1, 1965, P.L..979; amended by Act 426 of December 16. S708, FA. -

106; amended by Act 441. 0f December 22, 1965, PL. 1144; amended by -

13, 1966, PL. 1301; amended by Act 135 of September 25, 1967, PLL. ccs

amended by Act 177 of October-9, 1967, PL. > amended by Act 178 of

October 9,-1967, PLL: > amended by Act 17° of October 9, 1967, PAL. «

; amended by Act 180 of October 9, 1967.11 ; amended by Act |

183 of October 9.1967, PL." -: amended by Act 225 of October. 20, 1967,

ri. ; amended by \ct 247 of November 17, 1967. PLL. > amended ©

by Act 302 of November 30, 1967, PL. > amended be Act 432 of January...”

WB 1968 0P LL. | zamended by Act 19% of July 20,1968. PLE? 3 amended

by Act 201 of July 20, 1968, PLL. > amended by Acr 243 of July 31,

ee, PL... + amended by Act. 272 of July 31, 1968, P.L. ° ¥ ed

by Act-87 of August 1, 196, P_L. + amended by Act 95 of September |

3, 1969, P.L. ; amended by Act 124 of Nowember a8, 1960, F.4..""~" =

amended by Act 154 of December 10, 1969, P.L. ) 7 ai

_ Relating to alcoholic _ liquors, alcohol and malt and © | ;

brewed beverages; amending, revising, consolidating and

the persons engaged or. employed therein; < fining

the powers and duties of the Pennsytvania Liguor’ 1

- Board; providing for the establishment -and operation’ of

_ fees to the respective municipalities’and townships, for

oe ie y : *s

State liquor steres, for the payment of certain license

the abatement of certain nuisances and, in certain cases,

for search and seizure without wéurrant: prescribing penal-

ues and forfeitures; providing -for local option, and re-

pealing existing laws. ie :«C ; = =

PD ET eS

CRETE

. an

V9 CRT Moe PY Ee ORT EE ROE vena

SR be et ant an eee eee

Section’ 209.

PPIs 66S ie se Le

Section

. Section

101.

102.

103.

104.

Section

PRELIMINARY Provisions.

Short Title -

Definitions

Saving Clause :

Interpretation of Act . rs Err ‘ , hover

eh be eee Ps Se Oe Se 2.2 OS OO 9°s UO OO: 08 28 O29 4-H

ar a ne a a ee ees ee ee ee ee ee ee eee eA Ee oe

Scé2Cee RCP OSHS HEH OS OCHEDHKEAH C2 CHEERED S

: rr

, | ARTICLE II.

; _ PENNSYLVANIA. Lrquos Cowrnot Boasp.

Appointment of Members; Terms; Salaries ... .

201.

202.

203.

Section 204.

Section 205-

Section 206.

Section

Section 207..

Section 208.

Section 210.

é ‘

Section 301.

Section - 302.

‘Section 303.

Section 304. .

Section 305.

fs — 306.

LICENSES AND REGULATIONS; Liquor, . ALconoL

Qualifications of Members |

Chairman of Board pieokas Poorer Sieben ewes

Secretary of Board ‘

Bonds Required of Members and Sieur.

Board Subject to Administrative. Code~...... a

_ General Powers of Board . :

coerce eee ee ee ew esess

eecsceecCoevesveeevee2enees e288 ene

Specific Subjects on- ‘Which ‘Board “May Aone

ee es rs ery eer rer rec

Officers and Investigators. of the Board ga be.

Peace Officers; WU ooo es cus sh eaten

Restrictions on Members of the Board and fas

yes of Commonwealth -

: ARTICLE IIL. :

PennsyivAnta Liquor Stores. “

Board to Establish State Liquor Stores

Selection of Personnel

Management of Pennsylvania Liquor Stores ...

_ When Sales May be _— at a pel

a rs es en oo hen eeenee

Sales by Pennsylvania Liquor Stores ee Aa

Audits __ Auditor General ;

coeerere ew rere eo eee eee eeeee

"ARTICLE Iv.

anp Matt AnD Brewep BEVERAGES. ©

(A) Liquor and. Alcohol (Not Including Manufacturers).

Section 401.

3 Section 402.

OT YP) Paw ierowel i

¥ .

‘Authority to Issue Liquor Licenses to Hotels,

Restaurants and Clubs -

2 0,8 8s © Heh 8 oe oS SRF P

License sas i License Year; Hearings | ioe

‘Piscion 408.

Section 40851

ection 409.

ketion 410.

ion 411.

Applications for Hotel, Restaurant sad Club Lig- .

Or Bae ea ee

Issuance of Hotel. Restaurant and Club tious

mane gee ae ow ee ae eR ER a Pe ae is

. License Fees .......... Pe Oe Pe SOP ee gee _”

. Sales by Liquor 1 Seeniionss Restrictions.

Sale. of Malt or, Brewed: Beverages by Liquor

pavement gS BUNT Se ain Mee

‘Public Service Liquor Licenses i Gas ore eae

Trade Show and Cony ention Litensés

Sacraniental Wine Licenses; Fees; Privileges;

mestyictions ©=...-..:.::: TBE ere ge eae ae

Liquor Importers’ Licenses; Fees; Privileges:

ope icste ness, OPE ee AE Pines cess .,

Interlocking Business Prohibited .

8) Malt and Brewed Beverages. (Inclyding Musificturere).

ction 431.

432

n 433.

Kection 433.1:

Kection 434.

Be ir 435.

Malt and. Brewed ‘Beverages -Mar. acturers’,

' Distributors’ and Importing Distrifutors’ Li

a ss Nk ae

Mak and Brewed Beverages Retail Lissaoen os

Public. Service Licenses *.....5....... Goss ite

Stadium or Arena Permits Peder S eee eee

License. Year Baca he ea et os

Filing of Applications” an Diciributinns’ Import-

ing Distribut and Retail Dispensers’ Licenses;

9 a ae

ion 442. Retail Dispensers’ Restrictions on Purchases and

he ee ni eek ove as

ion 443. Interlocking Business Prohibited oP. cs ee fe

hon 444.. Mait or Brewed Beverages ‘Manufactured Oyt-

_ side This Commonwealth eas ee ida bs a nes

0 General shade $ Applying. to Both Liqvor and Malt :

‘and Brewed B rages. —

thon 461. Limi iting Number of Retail’ tices a Be

|. Issued in Esth Municipality .....:.% 2.2.4.5...

on 462: Ligénsed Places May ¢ Closed During Period

oye Wr I 5 os ei ce

thon 463. Places. of Amusement ° Not To Be Licensed;

Application for Distributors’, Importing Distribu-

tors’ and Retail Dispensers’ Licenses

‘Prohibitions Against the Grant of Eietuces: =,

Number and Kinds of Licenses Allowed aan:

Licensee ras

Malt or Brewed Beverage License Fees. aa

Sales by Manufacturers of Malt or Brewed Bev-

erages ;o Minimum Quantities* Bis cia ska os

ni Distributors’ and’ Importing Distributors’ Re-

strictions on Sales, Storage, Etc. A hg pit aya

- Penalty ee Cee ee. a rae

coe a

‘. Section

Section 4

Section,

, Section

Section

- Section

‘Section

aceite

464/

465.

466.

473.

Section 474,

(C1)

- Section

. Section

Section

’ Section

Section

-. Section

480.

41.

483:

484.

485.

18s

487.

4g.

492.

493.

494.

495,

496.

497.

: 6 AS

ficarinds

pet Clubs. 5

alities’

Public Record’

Upon Refusal at: Licenses, ‘Renewals or

“Pransfers; Appeals ; Bad =

‘All Licensees to Furnish Bond -

‘Disposition of Cash and. ‘Securities Upon For

eT Ee te ce

: _ Display me

468. Jricenses Not Assignable; Transfers. Pes AM

469. . Applications for ‘Transfers; -Fees ......:.

470. - Renewal ofkicenses; Temporary” Provisions for, .

_ Licensees in Ar sch ko ERR ee. So

471. Revocation and Susperrsi n of Licenses ~.

472: -Local. ae ii ee RS

er . of Club. Licenses es Licensee’ 's

' Benefit

(Repeated by Act 343 of - ‘November, 10, 1965,

fie JAG) 2 -

(Repealed’ by Act 343 of. < Wovcsiliey 10, .1965,

..&,.716 ) 2, ene ge imi

(Repealed by Act’ 343 of . November 10, 1965,

SPER PEGs ESO OST >

(Repealed by Act 343 of November 10, 1965,

Pit. 886 2: TAO ols ‘ ae

(Repealed. by: Act 343 of November 10, 1965,-

he Pe £ | 6) X ee

(Repealed -by Act. 343 af “November 10, 1965,

ats eye pone mo

(Repealed by. sict 343 of November 10, 1965,

PF. ie T1635" FO Seat = ees

- (Repealed by Act 343 of November 10, 1965,°

Po bo 71627 = ee aes

D. Unlawful Acts; Seositien::

cee ee ewm eee eevee e eee peeenen ees eeseseaeeevenene

(Repeated by Act 34% of November 0, 1965°°P. L. 716) °

- Unlawful -Acts Relative to Liquor, Alcohol and

Liquor Licensees’ .. :

‘ee ee sh BO Re Be oe eee tae ee ey ee

Unlawful Acis Relative .to Malt or Brewed: Bev-

-erages and. Licensees -

Unlawful Acts Relative to Liquor,

-. Brewed Beverages | and Licensees

YN enalties:

Minors’

Identification

Krom, Tyosecution

Liahility of

Cards;

‘Reporting of Worthtess Checks’ on

‘Licensées ~

ARTICLE V.

+, i mca

Malt and

oe ee ee ce ee se Ee a ee 4 8} ee ee 6k ee Se OS

Licensees . Saved

DISTILLERIES, WINERIES. ' Banpep , WarENOUSES, BAILEEs

‘FOR Hirt AND TRANSPORTERS FOR Hire.

License Required. ..7:...... Si :

‘Section

Section

501.

502.

_Exemptions:

24 2

Section 503.° Qualifications for License -

Section

~~ Section

Section

Sip ees ‘ ent

504.° -Applications; -Filing Fees: :

505:

ethabrintts oof:

“Licenses: Issued -

: tions

ae Te

Row Sages my eal

505.1 Bonded "Warehouse License Privilege; Restrie-

ere ete eee eeee eee es ee eee eee & ee

ea CRAY

Section 701.

Section 702.

Section 703.

| Section: 704. °

Section 705.

; wi a °

oe Ag ES

‘ . wv e

J a : : : é ay . oe eee

™.: . ve ; : meee = ‘

—

s ie i °

a a

: 1 Sectioa 506." Bonds Reguired Bietliee Prete on ¥ me of - Rae 81

i+ Section.507.. Hearings Upon Refusal of Licenses Fs sin ttt Ke ee

jSection 506. .: License Fees. - 62 s.o. open bos oie gs ees ewi' e's +82.

‘Section 509. License Must Be Post TReniness How’ ss. AE on = :

-« Settion 510. Containers To Be babeled weed. is. lowecnstin - - 83°

Section 511. Leone To Specify Each Place Authorized for -

. es no eeeie a eres oe tk eee Pe Ne wees tors ee eae

- Section $12. Records To. Be Kept... Sem paS ve oben tes - tle

Section 513.. Premises and Records Subject To, Toapestion 84

‘Section 514. Stspension and egret pessn of Licenses . ct ae

- Seption SIS. Anpesle 2s) Seer Ae See SOU NS peak Oe

Section 516. Compromise Penalty In Lieu of Suspension _ - 85.

~~ Section 517. . Expiration of Licenses; Renewals . Sehovtels ape; ae

Section-518. Unlawful-Acts 2 ..:.2....2...00... oo 6

Section 519. Penalties eee A SRS Bx Ce Sat oe

ARTICLE | Wee Dt

e _ ProPenty ILLEGALLY Possessep OR Use; ForFelTures ; fose

ee - 2, © Nursances. — , ——

| aa, * (A) Forfeitures. | Pee oh

Section 601.. re ei of ‘Property Illegally Possessed. or aL

Ne Ms | eR ee dye pe ee OM ee An oss : Re

- Section 602... Forfeiture Proceedings .*.... peer stances: vat. ae

_ Section: 603. Disposition -of Forfeited’ Property... - if ee . 8

Section 604. Motor Vehicle Licenses To Be Revoked. eoNee 89 -

Section .605. . Application of Subdivision. -.... ae es 89

wa fee Ee eae (B) Nuisances. Ne. ens

Section 611. . Nuisances; Actions we eens oe oe. 8

ARTICLE VII.

"DEALING IN DIstiLuery Bonpep Wanenouse Cenriricates. ”

(A) Preliminary Provisions. © : |

Definitions and Interpretation Ppt Re enn ee

(B) Pérmits. Sp

‘Uphawtal to Act asa Distillery Certificate Broker

or to Buy or Sell Distillery Bonded’ Warehouse

gat Without a Permit: <<... .......2:.... 91

Authority to Issue Permits to Distillery. Certifi- :

CD TE, an coisas cee cok neat See

Application for Permit; Filing Wee... ce MOUSE

Issuance of Permits PCTS PEPE E BOT. ‘aes.

oe 7 See , e.2.

. =

__ Section 803, Alcohol Tax Moneys Paid-Into General Fund . ee

Section 721. Unlawful to- ~Act. as Agent or to Employ Agents

” Section 723. Registration Fee ee ah Sik gia ees os Sera a :

° . . e * ‘

ny . . : . .

: .

G28 . . : .

. . . : <

oi 2 A ‘ . ae ~~ oe

° s -* Ld 2

PRG BRIO ERI oe pe Er SI aE REE: ere ee ress at tate oa _ sa. _ ° 2 . yearns 2%

m ss . ° , .

% : . ‘ e ° . , ‘

a ae Py er he Lgate Coe «

; : > race

Section 706. ‘Gthice or. Pisce of Badinesn'so be itaianined .. / 92)

" Section 707. Permit Fee; Permits Not Assignable or Trand- co SRT:

\. ‘ferable; Po a Jo ROC as

- Seetion 708.\ Records to be Meet siee 2A welder. 3.2 920

" Section 709. Renewal of Giada Hed ofl crcnien. oe ¥

"Section 710. Permit Hearings; Appeals ween Rahat of the’ :

Board to Issue or Renew Permits . . srabbacix . 93

Section. m. Procedure .of . Appeal; Record to - be. Certified;

Cost of Preparing .Record; Appeal to Supreme 5

- _ Seetion Yi2. “Winacation, cl ‘Spapencion ef Hora, ane + 94):

SW Without Registratior ves tesenes 2 Bb stedece ses ;

Section 724. . Registration and Issuance of Identification Card

Section 725. Hearings Upon Refusal of the Board; Appeals

Section 726. Revocation and ne ostast Registre:

QR. BBBBR

ES os 00 ors Foo catia cons 6 sca ceteccdulcs

Section 727. . Identification Cards AE EER Re ES EO

ga 7 <* 4D) Exemptions. os.

Section 731. ‘Bank and Trust Companies and Other Persons’ . 96

_ _, Section 732: Distillers, Rectifiers and Importers *........... 96.

: _ Section 733. . Certificates Owned Since July 24, 1939 et teces ' Opa

e. .: \(E) Administration and Enforcement. 7

Section 741. Duties of the Board .............. er eaesens 97

sy {FpFines and Penalties. aa

Section 751. Pesetag Sg ke Sere, sauaed cod 97

Demenrrae: 66: asin Cationonyy Umnien: Peorenenn ei Aci.

Section 801. Moneys Paid Into Liquor License Fund and Re- .

turned to Municipalities ................... =. a 7

Section, ona Moneys. Paid Into The State Stores. Fund for |

Use of the Comnmonwealth ....................

Section ‘901. Acts and Party of Acts Repealed ......:.... at Si

Section 902. Generel RePeG Cee wing i h9 ‘552 gxseds ech ® .102°

snail Pin

‘Section 101.” Short Title—This.a& shall be known and “Liguér Code” :

3 : rotate et

(

The General Assembly of the Commonwealth of Pénnsyl-, “Liaver Code”

» _ Previuryary Provisions. ack ae

_:” “Alcohal” shall mean ethyl ‘alcohol of any;degree of proof _Aleehel:

. tilled spirits, except ethyl alcohol, when ised in Article VII

SF ehtkal oe ee ificates” and, (b)

prescribe, ‘but any such club may waive or reduce in amount, Clubs per-. ——

or pay from its club funds, the dues of any person who was a mitted to ~>-".—~

— nn P Gabeeeees

° « 7 @

SRO Se ee Reto ret i ee Tate SPR OIE POE a AT more © ety RRND ee RES ME RT LTT OP et Ane PNET er MSS

Lad °

_« ‘of. twelve containers, each container—holding” twenty-four

Pennsyl

“10 -distributors and_the resale of malt

or brewed. beverages, except to importing distributors: and

— distr: rs, in the original sealed containers as prepared. for

the market.by the manufacturer atrthe ‘place of manufacture,

_ but not for consumption-on the premises where sold, and in

quantities. of not less than a case of twenty-four containers,

each tontainet holding seven: fluid ounces or more, or a case

ONG ge Oe watts :

pee “fluid. ounces or more. chico. wrixtail contaite’ containing

i one hundred Assign ounces or. vin which, \may be sold:

= . separately. = J ” eg

“Eating place” shall ries a. premise | where food. is esistly Eating place

and customarily, prepared and sold; having a total ae ee CS :

-’ not less thar three hundred ‘square feet available to the public.

"in oné of more-rooims, other than living quarters, and equipped ie

with tables and chairgraccommodating ty: | aibaeart atone

z pe time. Age :

a “Hotel”*: shail ‘mean ‘itty’ reputable place. operated a re- a

Bm persons of good reputation where the public may, a

consideration, obtain sleeping accommodations and meals _

: and’ which, ‘in a city, has at least ‘ten, and_m any other place -

_Six, permanent bedrooms. for the use of guests, a

pip tea iiind

iss sian

2, ment accommodating. at least thirty persons at one time, and

"a kitchen, apart from the public dining room: or rooms, ‘in

' which. food is regularly prepared for the public. \

“Importing_distributor”. (71s amended by Act 182. of Au- che SON

' “gust 7.1965)? L. 346, ) shall ‘meaty any person licensed by —o

| the board to erigage in the purchase from manufacturers: and

_ other persons located outside this’ Commoriwealth and from:

: a | persons licensed as manufacturers of malt or brewed bever- \

. ages and importing-distribators under this act, And the resale \

of malt or braved beverages in the original sealed containers © © \

_ +. as prepared fOr thesnarket by the manufacturer at the place . 2

| of ‘manufacture; but not for consumption ‘on the premises © Ss

.. - where sold, and tn quantities of not less than,a case of twenty- . te en tis

4 © four containers, each ‘container holding seven fluid ounces,or ee

more, or 4 case of twelve containers, cath container holding: s ;

ee twenty*four fluid: ounces or more except: original containers 2 fo

containing ofie hundréd twenty- ~eighit ounces or more which

may be ‘sold: separately. .

“Limited Wanery” (As added by “Act 272 li July 31, ‘Limited

: “1968, P.L. _) shall mean a’ win ith-a-maximum out- Winery ©

4 ____put.of Ey tvdens )) gallons per year.

‘ “Liquor” ‘shall mean: seal include any alcoholic, spirituous, Liquor e

4 ‘vinous, fermented or other alcoholic: beverage,’ or combination ‘< :

of liquors and mixed liquor a part of which is ‘spirituous, _

_ vinous, fermented. or otherwise alcoholic, including all.drinks .

"or drinkable liquids, preparations or mixtures, and reused, _

: ee ‘recovered. or redistilled. denatured alcohol usabl¢ or taxable

‘ - for beverage. purposes which contain more than one-half of |

. ®@ - One per cent of alcohol by volume, —

and malt. or brew

alt or ‘Brewed Beverages” means any beer, ‘lager Sie Maleee

_ ale, porter dr similar fermented malt beverage containing one- peverages

- _ half of one per centum or more of alcohol by volume, by what- °- .°-

ever name such beverage may be called. - -

BAS = “Manufacture”, when the term is applied to ‘malt or shew Manufacture

beverages, ‘shalt ‘mean and include all means, methods and

:. processes. used, employed and made use of, to produce, make ~

and manufacture for. commercial purposes, malt « or. brewed

—————

— oe

* See Section 461 (c) of this Act tor definition of ‘Hotel’ . wlan

wo quota is exceeded in any cc ast 3

ss», Beverages from: raw materials; when applied’ otherwise, it

‘7 °° employed and made-use of, to produce and make alcohol or

‘ _ °° liquor from raw materials, and shall mean and include ‘rectifi-

Ga tae cation. and. ‘blending of ‘alcoho! and liquor, the production;

.. + °~ Fecovery-or reuse of alcohol in the making, developing, using

_-s .. ~, in the process of. manufacture. denaturing, redistilling or re-

oe + covering of any alcohol or liquor in distilleries, denaturing |

1 +. , », plants and wineries. — ee 3 <eenis os

Manufacterer © “Manufacturer” shail mean ny person, association or cor-

. poration engaged in the producing, manufacturing, distilling, —

rectifying 0 CANONS OF liquor, alcohol or malt or brewed’ -

i _, beverages itt this wealth. or elsewhere. fe ee

Manufacture - ‘Manufacturer of malt or brewed beverages” shall mean -

of malt or =. any person holding a icense issued by the board to engage in

Goediies the manufacture, transportation and sale of malt or brewed

riage - _ beverages; also, any person engaged in the legal manufacture

; ., .of malt or meeps ‘beverages within the territoria] limits 6f

“the United States, outside the Commonwealth of Pennsyl-.

Municipality - “Municipality” shall mean any city, borough, incorporated - +

Boe town, .or township of this Commonwealth.

_ . “Official’Seal” shall mean and include any insignia approved 72

_ by the board that is required to be affixed to a eas

ee ee eae sd

Original con- : “Origin al cont a om shall :

Seal

bottles; casks, kegs or=

Person “Person” shall mean a nai rson, association’ or cor-

/ poration Whenever ‘used in a\clause’ prescribing or imposing |

a\fine or imprisonment or both, term “person”, as applied.

, to “association”, shall mean the partners or members thereof, _~

and.as applied to “corporation”, shall mean the officers there-.

‘Of, except, as to incorporated clubs, the ‘term “person” shall:

_* °- mean such individual or individuals who, under the by-laws of 4

_. Such club, shall have jurisdiction over the possession and sale .

Bis Of Magan, Seats. 50-2. Sassen sts NG

Population “Population” (As amended by Act 346 of July 10, 1957, ~ ..

; - P. L. 638} shall mean the number of inhabitants as ted ies a

_ by the last preceding decennial census of the United | jes,

or by any other census subsequently taken by .the us

-buceau of the United States and so certified by it: Provided,

-however, That such other census shall not be 4 basis for the :

fixing of license fees as provided in stages Mapes 405 :

“Potable distilled spirits” shall. mean and ‘include any dis- *

' tillate from grains, wine, fruits, vegetables or molasses; except

"++ ethyl alcohol, capable of being used for beverage. purposes.

: : ;

: D

Oe . ae,

‘ _« ‘

Fae ‘ . rs a . vag ; ‘a

ent ee ation prescribed by the Reculation

Sard Yor eee ex to of this act. cS °

“Restaurant” shall mean a reputable place operated : e Resta arant

<:responsible persons of goof reputation ‘and habitually and ~ ~ ;

4 principally, used for the purpose of provi food. for: the *.

public, the place to have an atea within a | Sir ie

| Jess than four ‘hundred square feet, equipped with tables and nas

chairs accommodating at least thirty persons at one time. - :

>” “Retail dis ” shall mean any person licensed to engage - Retail ss

. ip the refal sale of Santor Ine wed evernaen fix donegner ye ‘wusaaiens a

a on the premises of such licen$ee, with h the privilege of selling ea

Weal ee Gar al ce ee eee

| oe le ee ee BABE:

+ .“Sale” or or “Sell” shall include any transfer of lic ‘Icohe ; Sale, eB.

.| or malt or brewed beverages for a consideration. Wie -

the fermented products, “under such: regulations as . ee

4 be proniulgated by the proper hes Pp nage of the United .

i States ard such alcohol,’ for ose only, . _

+ may be sold or Sumer cia ing permits

* in this Commonwealth, without restriction. ees os purses

. Section 103.- Saving Clause —The provisions of this act, S#vi=s Claase

_| so far as they are the same as those .of existing: a eres

. tended as a continuation of such laws it as mew enact-- —

| -ments. ‘The. repeal by this ‘act of any~act of Assembly-or |

q part thereof shall not revive any act or part thereof hereto-

* fore repealed or.‘superseded. provisions of this act .shall*

: oe Soe Ie ert cee ee incurred or right accrued _

; Oey or tee any . Mahe geen eb ge Aah no e- ie?

ips

‘the same force and effect as if such act had not been repealed. ee

¢ Seetien. 204. Interpretation of Act—(a) act shal] Pelice power

be deemed an exercise of the police power Common- . |

th for the protection of the public health, peace ©

ois morals of the people of the Commonwealth and. to pro-. ti‘ SC;

’ hibit forever the open saloon, and all of the provisions of this a :

§ act shall be liberally construed for ‘the aqpommapishanseny of .+3

’' this purpose. > ses

(b) The provisions of this act are“ apices and if any of- a

} its provisions. shall be held unconstitutional the decision of ax onesi *.

the. court shall not: affect or impair any of ee

eo ¢

: pager | 20 - Ligher: Code x be: ae a x: ”

see RR. Cay Fopae eee

; intent that this act. wquld have been adopted had such in-

eee Provisions not*been included herein. . :

: (e): Section headings ‘shall sot Sie taleen Siv:geayeans co fanie |

the scope of the:sections of this act.. The singular shall. include ©

ae RT eae

oh eee - ARTICLE TL. |

: | Pewwsy.vanta Liquor Cowrrot Boanp,

Section 201. Appointment of Members; Terms; Sal-

aries—An_ independent administrative board to be: known

as the “Pennsylvania Liquor. Control Board” is “hereby |

_ appointed by: the Governor by and withthe advice and consent /

of two-thirds of aJ¥ the members of the Senate. Of

‘ otiginal members, one shall be appointed for a term of.

sya ion bon pce

‘Six years from the date’ of his d qualified

al a Sciwen ok le i and q

oC eaebasnitian oicriaeibunladd ‘

“f

“dallas? Queliticitions ’ of “Members: Aedeenging §

ber of the board at the time of his appointment and’ qualifica i

{jon shal be a citizen of the United States and a resident of |

less than thirty years of age.

_. No member: of the board during his period “of service as

such shall hold any other office under the laws of this Com :

' merwCEmh | or of the United States. oe : :

« =

misaesete ee oe

set

3 ®

EEE

Gy fest

ate

;

; 8

ag |

ens

vf Pomayioek: and : shall be conditioned for the faithful

formance of the. members’, secretary’s ot employes’

by law or by’ lawful authority and that- the

will not knowingly violate the provisions

_All bonds required to be given under

HEE

[ea

thr

FRE

i correc Rag establish its. own indemity

| require

to the Department of Justice. The cost of such

? to'be by a surety of sureties shall be

| board Part of its operating expense. : Bs

| Section 206. shina ‘gudiaste (6a duatideetaiied Cat:

| Except: as otherwise expressly provided by law, the board

i onthe ten pretender gh art meee lat argent

so sherman tipper herrea tee! Seren he regres

administrative boards

—— oe, LAME PLOY tie O RPMS 8 GANGS EMOTE HS See ae ace iat ae ee a .

“ : a ; e- x - €

shall power and its duty shall be:

(b) (As amended by Act 502 ‘of January 14,1952, PL.

* 1863) To control the manufacture, possession, sale, consump-

. ° tion, importation, use, storage,

‘of liquor, alcohol and mait or brewed beverages -in accordance 4

-130l) To.grant, issie, suspend and revok

permits: authorized to be jssued urider-

S act and the regula-

tions. of the board and impose fines on licensees licensed under

this act..° .-

, oe

e all. and

: - or : a | ae Se

tis % : . ; Se ta . . : .: ts 8

ni. (e) Through \ Department a. ie and Sicinlinn Sonne. |

+: as agent; fo lease and f sh and equip such buildings, rooms ding ae

ct. and other accommodations as shall be required. forthe opera

ed. | tion: of this act. a ae ee

(f) Ta sacak: Se tha cophoeaniien acid dette thr puwers ‘Employes

4 lias ‘duties of such’ managers, Officers, inspectors,. examiners, rl bee ET

p- _ clerks and other employes as shall be required for’ the opera- ery

ry - tion of-this act, subje@ to. the provisions of The. Administra- ce

ce ~ tive Code of 1929 and the Civil Se MRS erie ee

| ’ . (g) To determine the nature, form snd cagecitg f all - Packages and

at . and original containers. to be. used’ for containing ecntainers

le. “liquor, alcohol or. malt or brewed beverages. ee ere

“Bg Without in any way limiting or being limited’ B\the Broad power

foregoing, to do all such. things and perform all such acts as

<- are deemed necessary or advisable for the purpose of carrying

ng, into effect the meee of this act and the regulations made.

ath - thereunder. +5

ie (i). From time to hile. to miake, sich regulations oe in- Regulations

hall cause such

“throughout the

" efficient administration of this act. The boar

; regulations to be published ‘and .dissémina’

- advisable or as may be provided by law. Such regulations

| formed a part of, thig act.

(j) (As added by Act 583 of Moy: 25, 1956, P. 1743)

liquor or malt og brewed beverage i is being sold on premises

not ‘i censed under the provisions of. this act: If. the investi-

gation produces evidence, of the unlawful salé of liquor or

malt-or brewed beverage’ or of any other violation of. the

of the person or persons believed to have beer criminally

confiscated upon direction of the board. The’ confiscation by

or under the direction of the boar, ‘shall not, in any manner,

holder in the equipment or appurtenances, who had.no,knqw!l-

edge that the same was being used in violation of this’ act.

Adopt Regulations.—Subject to the wer ste of this act

amd without limiting | the -general power conferred

preceding section, the board may make regulations regarding :

of spr jeep

eS, ike a Oe Oe re soled Sere awh?

= (b). The duties and conduct ‘af the officers and eniployes

1.” ‘of the board. ”

ae, and its supply to ee ——— Stores. :

; consistent -with this act as it may deem necessary’ for the ©

_- Commonwealth in such manner as it shall deem necessary and

To investigate, ‘whenever any person complains, or when the

‘board is*aware that there is reasonable. grounds to. believe

‘provisions of this act, the board shall ‘cause the prosecution.

divest or ‘immpajr the rights or intérest of any bona. fide lien .

Section 208. Specific Subjects on Which Board May

Power to adopt —

adopted by the board shall have the same force as if _

Investigation

of unlicensed

places

bf 43

liable for the unlawful acts. Any equipment or appurtenances .

actually used in the commission of the unlawful acts. may be -

1 on .

Sub

by the -

1078) Thé sealing.

- affixed. thereto the official seal of the board.

‘ Ba - - * : ” - ;

a Li * C. | : * ad "ss a

es (d) The ‘classes,. varieties and brands of liquor and. alcohol ;

to be kept, and sold in Pennsylvania Liquor Stores.

(e) The issuing and distribution of price lists for the vari-

ous classes, varieties or brands of liquor and: alcohol kept 7

for sale by the. rd under this act. - we j

. (f) (As am by Act 349 of Februaty 17, 1956, P. L.

and labeling of-liquor and alcohol sold

under: this act and of liquor and alcoho! lawfully acquired by.

any person ‘prior to January first, one thousand nine hundred -

~ thirty-four. This section shall not be construed to authorize. -

the board to require that packages containing wine have ~

" (g). Forms to be used for the purposes of this act ws

_(h) The issuance ‘of licenses and-permits and the conduct,

ement, sanitation and equipment of places licensed or

. Manag

.. included in permits.

*(i) The place and manner of depositing the: receipts of -

Pennsylvania Liquor Stores and the transmission of balances,

te the Treasury Department through the Department of

‘Revenue.

_ (j),:The solicitation by resident or nonresident vendors of’

liquor from Pennsylvania licensees and other persons of orders

‘for liquor to be sold through the-Pennsylyania Liquor Stores

and, in the.case ‘of nonresident vendors, the collection there-

from of license fees for such privilege at the same rate as |

provided herein for importers’ licenses.

‘Section 209. (As amended by Act 243 of July 31, 1968

P.L, © -). Officers and Investigators of the Board to be

. Peace Officers; Powers. Such employes of the Board as

designated “enfo officers” or “investigators” .

ae hereby declared to be peace officers and are hereby

given police power and authority throughout the Common-

wealth to arrest.on view, except in private homes, with- - -

_ Out warrant, any person actually engaged in the unlawful.

Sale, importation, manufacture or transportation, or hav- ©

ing unlawful possession .of liquor, alcohol or malt: or

~ brewed beverages, contrary to the provisions of this act

"or any other law of this Commonwealth. Such officers and

investigators shall have power andauthority, upon reason-

able and probable cause, to search for to seize with- |

out warrant or process, except in private homes, any liq-

_ wor, alcohol and malt or brewed beverages unlawfully © |

_ . possessed, manufactured, sold, imported or transported,

and any stills, equipment, materials, utensils, vehicles, —

> esenvanser 84 animals, aircraft, or any of them, which |

are or have. been used in the unlawful manufacture, sale, —

importation of transportation of the same. Such. liquor,

- alcohol, malt or brewed beverages, stills; equipment, -

materials, utensils, vehicles, boats, vessels, animals or i.

“aircraft _so seized shall be disposed of as hereinafter

and employes

Liquor

seeeaeres

Receiving .

- gifts, eta

rol © “provided. |

: Enforcement. Officers ‘or: Investigators may be retired »

ri: upon reaching -. sixty-five.

Pt Section 210. trictions on Members of the Board

‘and Employes of former ater gars A member or.em-.

L. ploye of the board shall not, be directly or indirectly interested

Id or engaged in any other business or undertaking deéling ;in

by. liquor, alcohol, or malt’or brewed beverages,” as

_ owner, part owner, partner, member of syndicate, shareholder, -

zeé-- agent or employe, and whether for his own benefit or in a

ve ‘fiduciary capacity for some other person. . ~

(b) No member or employe of the Board nor any em--

' ploye of the Commonwealth shall solicit or receive,

+, directly or ‘indirectly, any commission, remuneration or

or . gift whatsoever, from any having sold, selling or

offering Sead enalculel a sale to the Board fot use in _

of - Pennsylvania i States, :

v3 Sen “ ARTICLE IIL. |

—— PENNSYLVANIA Liquor Stores.

of” Section 301. (As amended by Act 161 of August 10, "

rs 1965, P.'L.'306 ):Board to Establish State Liquor Stores.

*s - —The board shall establish, operate 4nd maintain at ‘such

- places throughout the Commonwealth as it shall deem essen-_

LS tial and advisable, stores to be known as “B ennsylyania Liq-

' uor Stores,” for the sale liquor and alcohol in accordance

.¢° with the provisions of and the regulations. made under this

8; act.’ When the board shall have determined upon the loca-

a tion of a ‘liquor store in‘any municipality, it shall give notice

1S of such location by public advertisement in, two newspapers

” _ - of general circulation. In cities of the first class, the location

y shall also be posted for a périod of at least fifteen days fol-

“ lowing its determination by the board ‘as required in section’

. . . 403 (g) of this act. The notice .shall be posted in a ctn-

Le spicuous place: on the outside of .the premises in which the

"| proposed store is. to operate r, in the ‘event that a new

- structure is to be built in ‘a ‘similarly visible location. If,

cr —_—swithin five days after the appearance of such advertisement,

t or of the last day upon which the notice: was posted, fifteen.

d or more. taxpayers residing within a quarter of a mule of parte .

«location or the Cy Solicitor of the city of the first class,

shall file a protest with the court of quarter sessions of the

county. averring that.the location is objectionable because of

-its proximity to.a church, a school, or to private residences,

_. the court ‘shall forthwith hold a hearing affording an oppor-

tunity to the protestants and to the board to present, evidence.

‘The court shall render its decision immediately upon the con-

clusion of the testimony and from the decision ‘there shafl be

no appeal. - If the court shall determine that the proposed

location is undesirable for the reasons set forth in the protest,

‘the board shall abandon ‘it’ and find another location. The -.

board may establish, operate and maintain such establish-

ments. for storing and testing liquors as it shall deem ex-

|. pedient to carry out its powers and duties under ‘this act.

Leaseof |

premises =

. Purchase of

equipment |

Selection of -

' §Stere

Special order .

Wholesale

— Liquor Code * —

_ The board may lease the necessary premises for och stores

or establishments, but all such leases shall be made through

_-thée Department of Property and. Supplies ‘as agent of the

’ board, The board; through the Department of Property and

‘Supplies, shall have authority to purchase such equipment and _

‘appointments as may be required in the Cprenins of such. |

stores. or establishments. |

Section 302. Selection of Doshi: Cibcsis and em- |

ployes. of the board, except as herein. otherwise provided, —

_ shall be appointed and employed subject to the provisions

of the Civil Service_ Act. P.

Section 303. Management of ‘Pennsyivania Liquor

: Stores.—Every Pennsylvania Liquor Store shall be conducted

by a person appointed in the manner proyided: in the Civil —

Service Act who shall be known as. the “manager” and who —

shall, under the directions of the board, be responsible for —

carrying out the provisions of this act and the regulations —

‘adopted by the board under this act as far as oe to .

the conduct of such stores.

Section 304. When Sales May Be Made at pincant.

vania Liquor Stores—Every Pennsylvania Liquor Store 3

shall be open for business week days, except legal holidays —

or any day on which a general, municipal, special cr primary -

election is being held, during such hoprs as the board, in its —

‘discretion, shall determine, but shall not be open longer than

fourteen hours in any one day nor later than eleven o’clock —

post-meridian. The board may, with the approval of the |

Governor, temporarily close any store ir. any municipality.

Section 305. Sales by Pennsyivania Liquor Stores— |

(a) Every Pennsylvania Liquor Store. shall keep in stock %

“ for sale such classes, varieties and brands of liquor and alcohol

as the board shall prescribe. If: any person shall desire to ©

. purchase any? class, wareety or brand of liquor or -alcohol —

which any such store

,duty of such store immediately to order the same upon the

not hate in stock, it shall be the

payment of a reasonable deposit by the purchaser in such

proportion of the, approximate. cost of the order as shall be

prescribed by the regulations of the board. The customer

shall be notied immediately upon the arrival of the goods.

Unless the customer pays for and accepts delivery of any

such special order within five days. after notice of arrival,

the store may place it in stock for general sale ~ the.

_ customer’s deposit shall be forfeited. -

.(b) Every Pennsylvania Liquor Store shall sell isis |

at pone yc to hotels, restaurants, clubs, and railroad, ae

man .and steamship companies licensed. under this: act; and, —

under the regulations of the board, to pharmacists duly li- -

“censed and registered under the laws of the Chinescanwenlth, |

and to manufacturing pharmacists, and to reputable hospitals ©

approved by the board, or chemists. The board may sell to ©

' registered pharmacists only such liquors ' ‘as conform to the :

Pharmacopoeia of the United States, the Natiorial Formulary, —

or the American Homeopathic Pharmacopoeia. -All. other —

sales by such stdres shall be at retail. No-liquor shall be |

_ sold a al for cash, except that the board may, by, —"

| uthorize the aceptance of checks for liquor sold at whole a

’ sale. The board have .power to designate certain stores . >

. for wholesale’ or retail sales exclusively. - mee A

tr a a a,

4 pA shall sintge

| leet lve dollars per hundred. dpliars or factional part

eer sho ak gece tee cas oe oko at nae

* submitted to the board. Failure to pay the face amount of Fatture to pay

* the check in full’and all charges thereon as herein required

- within ten days after demand has been made by the board -

_ upon the maker of the check shall be cause for revocation or

; suspension of any license issued by the board to the person

-- who issued such check and the cancellation of the wholesale

; purchase permit card held by such person. oo

” (a) (As amended by. Act 349 of February 17, 1956, P. L. Omets! veel

-- 1078) No liquor: or alcohol, except wine, shall be sold to.

- any purchaser. except in a package bearing the official seal of

_ the board required by this act and no package shall be opened:

_ .on the premises of a Pennsylvania Liquor. Store. No manager.

or other employe of the board employed in a Pegnsylvania

. Liquer Store shall allow ‘any liquor or alcohol to be con- ee

sumed on the store premises, nor shall-any person consume aie

any liquor or alcohol on such premises. 1

‘ (e) The board may sell tax exempt alcohol to the Com- Tax exempt |

_ monwealth of Pennsylvania and to persons to whom the board @teohol -

_-shall, by regulation to be promulgated by it, issue special —

permits for the purchase of such tax exempt alcohol.

bh Siate-petmnite ‘may be issued to the United States or any. ‘Permits :

™ governmental agency thereof, to any university or college of = a ee

_ Jearning, any laboratory for use exclusively in scientific fe-~ 7 =.

_ -search,”any hospital, sanitarium, eleemosynary institution jor - ; a

| dispensary ; to physicians, dentists, veterinarians.and pharma- re “Rh:

' cists duly licensed and registered under the laws of the .

Commonwealth of Pennsylvania; to’ manufacturing chemists

and pharmacists or other persons for use in the manufacture >

or compounding of preparations unfit for beverage. purposes.

(f) (As amended by Act. 316 of October 21, 1965, P. L.

642 ) Every purchaser of liquor or alcohol fram a Pennsyl-

_vania Liquor Store shall receive a numbered receipt which Bece!pts

shall show the price paid therefor, and such other ‘informa- . ;

tion as the board ‘may prescribe. Copies of all receipts issued © © —

by’ a Pennsylvania Liquor Store shall be retained by and

shall form part of the records of such store. . .

-» (g) The board is hereby ‘authorized and empowered to

_ adopt and enforce appropriate rules and regulations to insure ~

the equitable wholesale and retail sale and distribution, Rationing |

| through the Pennsylvania Liquor Stores, of | available liquor

and alcohol at any time when the demand therefor i is greater

- than the supply. ‘.

_. Section 306. Audits by Auditor General.—It shall be Auditeby ,

the duty of the Department of the Auditor General to make Goseral

all audits which may be necessary in.connection with the .

‘

aepaibianaaaves the fnaseial linies of the

bonnt 3

Pennsylvania Liquor Stores. and maintained

‘* . board. ea

At least one audit shall | iil dats seal of ec leds

Nala elds

d th)

by th

a the board, and all collections made by the Pennsylvania Lig”

vor Stores shall -be audited quarterly.

Special audits of the affairs of the board and the Pennsyi-”, |

yania. Liquor . Stores maintained and operated by the board)

, May be made whenever they_may, in the judgment. of the

Auditor General, appear necessary, and shall be made when- |

ever the Governor shall call upon the Auditor General to}

aay aaeNOR: Seite Gone 6d. 5

- hereinabow croadibed, i shail be tient be: hs boat

; compensation and expenses of.such auditors as are mare

, émployed as part of the administrative staff of the board. 4

LICENSES AND REGULATIONS; Liquor, ALCOHOL AND Mair

act, the board shall have authority to issue a retail liquor

_cment or‘election, any public office which involves the duty to

- or the penal laws of the Commonwealth of Pennsylvania or).

make them. == /

Copies.of all audits made by the Department of the Auditor

Damen the Depa Department of of the Auditor General, shall neglect

‘or Kolens annual, quarterly or special audits, as”

expend any money appropriated to it by\the General Assembly

for any audit of its- affairs, except for the payment of. the

ARTICLE IV.

__AND BreEwep BEVERAGES.”

€A) Liquor and Alcohol (Not Including Manufacturers) .

visions of this act ‘and regulations. promulgated under this

thereunder, to sell the id also mait or brewed beverages

to guests, patrons or s for consumption on the hotel,

restaurant or club Such licensees, other than clubs,

pra: licenses; restaurant toe ‘nenans and gy been

licenses, respectively. No person who holds, either by p egal

‘ enforce any of the penal laws of the United States of Ameria}

any penal ordinance or resolution of any political subdivision

“of this Commonwealth shall be issued-any hotel or restaurant

liquor - license, nor shall such a person have any interest,

directly or indirectly, 1 in any oa license.

wii 5

;ta

ait

Peery

3 November 19, 1959, P. L. 1546-4 |

+ 28, 1961, P: 7 758), Every applicant for a hotel liquor

7 license, restaurant liquor tne or club liquor license or

SE? S

pare

asides

“se Sake oN ee Te ee Be

ppeeren

‘ for the transfer of .an exist

‘not then licersed shall file

_ Not then licensed by the boar:

(b) The board’ may issue’ to any ‘club. which caters to _

‘groups. ‘ef non-members, either privately -or for functions, a -

} catering license, -and the board shall, by its rules and regu-

lations, define. whaf constitutes catering under | is subsection.

Section 402. License Districts; Licens

cations for licenses and renewals thereof, as it deems neéces-

; sary, at a convenient place or places in each of said districts, CsA

‘at such times as it shall fix, by regulation, for the purpose |

of hearing testimony for and against applications ‘for new -

licenses, and renewals thereof. The board may provide for the

of such hearings by examiners learned in the law, to

be appointed by the Governor, who shall not be subject to °

the “Civil Service Act.” Such exaininers shall make report ©

to the board in each case with their recommendations.. The .

board shall, by regulation, fix the license year for each sep-

arate district so that the expiration dates shall be uniform in 9

each of the several ‘districts but staggered as to the |

Section 403.- Applications for, Hotel, Restaurant and

Club’ Liquor ogre ie ara by Act 553 of Li

license to another premises

board shall from time to Aime prescribe, which shall be-accom-

panied by a filing fee’ of twenty dollars ($20), the. prescribed

Year; Hear- |

*ings.—Ttie board shall, by regulation; divide\the State. —

+ convenient ficense districts and shall. hold hearings on appli-

Act 702 of September

written application with the .

| board in such form and géntaining such information’.as the.

Filing feo

license fee, and the bond hereinafter specified: Every such ap- $20.00

plication shail contain a description of that part of the hotel,

restaurant or club for which the applicant. desires a license atid’

shall set forth such other material information, description or .

plan of that part of the hotel, restaurant or club where it is .-

proposed to keep and sell liquor as may be required by the reg-_

ulations of the board. The descriptions, information and plans

Teferred to in this subsection shall. show the hotel, restaurant,

_ club, or the proposed location for the construction of a hotel,

restaurant or club, at the time the application is made, and

shall show any alterations proposed to be made thereto, or the

new building proposed: to be constructed after the approval

by the béard of the application for a license or ‘for the trans-:.

building or

alterations |

fer of an existing license to another premises not then licensed.

No physical alteratiéns, improvements or changes shall be.

required to be made to any hotel, restaurant or club, nor shall:

any new building for any such purpose, be required to be ©

constructed until approval of the application for license or |

for the transfer of an sume gs license to another premises

After approval of the appli-

cation, the licensee shall’ make the physical alterations, im-

| provements and changes to the licensed premises, or shall

. construct the new building in the mariner specified by* the

board at the time of approval, and thé licensee shall not trans-

act any business under the license until the board has approved

the ss — alterations, ‘provements and changes

Notice of

- to the licensed premises, or the completed construction of the

_hew ‘building as conforming to the specifications required by. -

_ and is ‘satisfied that the establishment is a restaurant, hotel ;

‘ stich alterations: or construction: or conformity to definition

’ be completed within six months from the time of issuance ‘or _

. completed alterations or construction by the board’ and full:

_ in section 468. of this act for the transfer of the license in”

_, (b) Tf the applicant | is a natural ‘person, his- application,

_ Amust show that he is aj citizen of the United States and has” -

. . been a resident of this Commonwealth for.at least two years

immediately -preceding his application. a

. Show ‘that the corporation was created under the laws of

"holders are citizens of the United States, and that the “man-

: ager of the hotel, restaurant or club is a citizen of the United.

Shall file"with and as a part of its application a list of the |

the board. at the time of issuance or transfer of. the license,

on club. ag defined by this act. The board may require that all

transfer of the license.. Failure to comply with these require-_

ments shall be considered cause for revocation of the license.

Na ‘such license shall be ‘transferable between. el

issuance or transfer of the license and ‘the approval of

compliance by the licensee with the requirements of this. act, |.

except in the case of. death of the li : prior to full com-

pliance with all of the alotquentioned veteifemchts, in which |

event, the license may be transferred by the board as provided

the case of death of the licensee.

Pennsylvania or holds a certificate of authority to transact

business in citeen ft that all officers, directors and stock- ’

(4) Each application shall be signed’ and verified ty oath |

or affirmation by the owner, if-a natural person, or, in the? .

case Of an association, by a member or partner thereof, or,

~ °

it appears that the operation of the licensed ‘business would

inure to the benefit of individual members, agents or |

nj of the lub, rather than to the benefit of the entire. .

-: (g) (As amended by Act 553 of November 19, 1959, P. L.

1546) Every applicant for a new license or for the transfer

of an existing license to another premises not then ‘licensed

shall post, for a period of at least fifteen days beginning with

the day the application is filed with the board, in a conspicuous

wi BS

hal

et adieatand

eee ee

, wwe eS oe

ees as

Spaiavaanianmammana aes

“. therein during the continuance of the license, except as

person:

of good repute, that the premises applied for meet all the

ope.

ce ae eee Oe

| of the posting of such notice shall be filed with the board. ==

_(h) If ie Bes eee aS sneniongiiy sales sy part ‘False state- —

of the application, the ‘affian t shall be deemed guilty of a. Gotssaer

ae et wr a — —-

Issuance eof

Licenses

“penalties by: this article.

Section 404. (As amended by: Act 260 of August 25,

1959, P.L. 746; Act 555 of November £9, :1959, PL. te

- 1550; Act 269 of July 10, 1961, P-L. 554; Act 663 of.

|. September 21, 1961, P.L. 1579 and Act 178.0f October 9,

1967, P.L.- pF = say e of Hotel, Restauran t and. 4

ub Liquor Licenses. receipt of the application,

fees and bond, ond spon being’ isfied. of the.

the statements in the application that the appli-

"cant is the only person‘in any manner pécuniarily inter- Pevenlery 3

‘ ested in the business so asked to be licensed and that no compere

hereinafter permitted, and that the applicant is a

of this act and-the regulations of the Board,

requirements

‘that the applicant seeks a license for a hotel, restaurant

or club, as defined in this act, and that the issuance of - ~

such license is not prohibited by any.of the provisions of

this act, the Board shall, in the case-of a hotelorrestau-. = -

; fant,. grant and issue to the plicant a liquor license,

and in the case’ of a.club may, in its discretion, issue or Discretionary

refuse a license: Provided, however, That in the case of Seq. Crane

coy new Llgnaee, § Ore Aint at Ay Reeee a Agee:

-). location the Board may, in its discretion, grant or refuse :

such new license or transfer if such p pobe :.

licensed is within three lnndred feet of airy ccm we te

pital, charitable institution, school sys ic playground, prepress

or if such new license or transfer is applied for a place

which is within two hundred feet of any other premises Es, Ai

' . which is licefised by the Board, or if such new license or

transfer is applied for a place where the principal busi- == *

ness is the sale of liquid fuels and oil: And provided far- \

ther, That the Board shall ‘refuse any application for.a

new license or the transfer of any license to a new loca-

_tion if, in the Board’s opinion, such new license or trans-° or

” fer would: be detrimental to the welfare, -health, peace Detriment ef

and morals of the inhabitants of.the nei within “@shberkeed

anno ea Penenee sere, aise ience Pestoned sete

licensed: And provided further, That the Board shall not

* Section. 2 of Act 426 of December 16, 1965, P. L.1106, pro- .

‘vides “Trade show and convention licenses shall not be cubpect

to the provisions of Section 404 ex a in so far as they relate

to the reputation of the applicant. \.

\ .

; ” issue new ticdines in any license disetice more than | ‘

aeen

*s _*

~~ ‘such district, who shall have become eligible to hold”

‘such license as - result of legi gislative enacement, when _

. . such enactment 1 have taken phice during the license

. term of that district for which application is made or with. |

New laws

3 ie remem mers nes Spins, Engen th aga ae :

' for the said license. a

: ‘Tn municipalities having ‘a population of less poe fifteen

*. hundred inhabitants, one hundred fifty dollars ($150.00).

two ‘hundred dollars ($200.00).

age ogy eee

- five hundred dollars ($500.00).

. Bee

twice each \litense year, effective from specific’ dates —

fixed by the Board, and new licenses shall not be gianted,

except for hotels as defined in this act, unless the appli- _

n= _ cation therefor shall have been filed at least thiny says,

“0 before the effective date of the license: ‘And provided

further; That herein’ contained shall prohibit the

Board from issuing new license for ‘the’ balance of any —

unexpired term in any license district to any applicant in —

issuing at any time a new license for an airport restau-

rant, as defined inf section 461 of this act, for the bal-.

ance of the unexpired license term in any license district: |

And provided further, That the Board shall have the dis-

cretion to refuse a license to any person orto any corpo- |

ration, partnership of association if such person, or any ©

officer or director of stich cosporation, or aay meaber tr }

partner of such partnershipor association shall have been’ —

convicted or found guilty of a felony within 4 period of ©

Sins sian i Bede

ab tas nein eh

Lae capital 0h

Section 405. License Feek.—{2) License fees for boil

and réstaurant liquor licenses shall be graduated accor

to the population. of the’ ‘municipality as determined by

last. preceding decennial census of the United States in which ©

the hotel br restaurant is located, as. follows:

PA RTS

- In municipalities, to tion of

n muni except el teapot atte |

. fifteen hundred and more

habitants, and in townships having puoaadee af tiene 1

eed ae ea en ae te ‘

MATE Cabs nth

but less than one hundred thousand inhabitants, four hundted :

_ dollars ($400.00). st

Ia ine ald Wi lobeatiods dhe Nechick ccaucsd ‘cud'|

more ‘but less than one hundred fifty thousand inhabitants, 4

In those having a population ‘of one“hundred fi thousand 7

ant more tetibianty, abt Tandred dollars ($600.00 ete, i

t ti ig . eA

eo . a ; Dee ‘

* jee

‘

2 ee

‘

+ Fi

2 5 _—

alata tiwssedceagee

ent anaes © OOH

Sib aii satan th Ath Sth

ih. ee ci ee ee ee of

PBL

Pains peice » he "0

Se AR ays oR May uel OE atonal

wha eaneab it con ABR AAR la pn 2

ree @ SEAS

” “Whenever any ‘checks, issued in . payment of filing ‘and/

\Jicense fees shall be returned to the board as dishonored,

| board shall charge a fee of five dollars ($5.00) ps baer

ey for the serving of meais to

(b) Every applicant

to the board .a: license fee of fifty dollars ($50.00), except,

clybs to which catering licenses are issued, in which cases

| the license fees shall be the same as for hotels and restaurants

use of

.- eollected by the board for the use )

collected.

which ‘such fees were ; an

(a) (As added’ by Act 348 of July ‘18, 1961. P. L,-790)

dallaes, os Soatena 90s Se Pe Bed ells

, ‘Section 406. (As amended by Act 99 of May 27, 1957;

P.L. ‘201; Act 78l.-of J 7, 1960, P.L. 2106; Act

639 of September 19, 1961; P.L. 1507; Act 642 of Sep-

« tember 20, 1961,’ P.L. 1513; Act 183 of October 9, 1967,-

P-L. _ and‘Act 302 of November 30, 1967, P.L. ie

¢ Sales by Liquor Licensees; Restrictions. (a) Every '.

the

1 and in mixture, for consumption.

only in st part of the txcel ‘or ceatancent, babitsally

used for the serving of food to guests or patrons, and

in thé case of hotels, to guests, and in the case of

i their private rooms in the hotel or

clubs, to members, ip

.” club. No club. licensee nor its officers, servants, agents

employes, other than one, holding a catering license,.

- Oo

shall sell any liquor of malt or brewed beverages to any

’ person except a-member of the club. No club holdingya

- catering“ticense nor its officers, ‘servants, im ¢

) prey Aapdicee sell on Sunday to a apy ae

Se ees

“ located in a hotel which is‘not operated’ by the owner of -

che ‘hated aia aliich it liteeadthaell peg wiles this ane

ee ee ad 3

ion in that.part of the restaurant habitually used

and also to guests in

_ private rooms in the hotel.,For the purpose of this

,any person who is an.active member of another

club ich is chartered by the same state or national

Lmtenans oe

; eee te eee ry

tatent toner |

| a“

| following day, except Sunday, and may sell liquor and malt

' or brewed

on week-days as well as this se oe

Hotel and restaurant liquor licensees, other than those

: . located in hotels in” — of: the gma Hen fad ge

aslo Servants, agents or employes may iquor. or -

- ether emia. .. brewed beverages only after seven o'clock’ antemeridian of

_ palities = - > any day and yntil two o'clock antemeridian of the following

-—... | ___". Sunday. No hotel, restaurant and publicaservice liquor ‘licen.

5s |. | ~~ see shall sell liquor and malt or brewed beverages after two

cape * .o’clock antemeridian on any day on which a ‘general, munici-

by the act on sales, by hotels and restaurants in‘hotels for sales

licensee or its ts, agents or employes may sell liquor

Or malt or brewed b } bety the hours. of three

= . _* o'clock antemeridian and seven o'clock antemeridian on any

Public Service -day. No public service liquor licensee or its servants, zgents

Hours or.employes may sell liquor or malt or |

Daylight. (This paragraph is, in effect, repealed by Act 195 of ‘Aw

Seving Time = gust 26. 1965, P. L:-378 ) Any hofel, restaurant, club or °

m1 |. during such part of. “— year — a

Pesting hecice 4-2 V'NZ: time is being observed genera y ig ‘the municipality

: in which the Bagg butineds of such licensee is located.

Any_licensee who elects to operate his place af business in

-.__-~--wactordance with daylight savirfg time shall post- a conspicu-

. Ous notice in his place of business that he is operating in

accordance with daylight’ saving tithe. = .* 4

. Notwithstanding any provisions to the contrary, when-

- ever the ‘thirty-first day of December falls on a Sunday,

every hotel or restaurant liquor licensee, their servants,

§ . __“@gemts or employes may sell liquor and malt or brewed

: te a beverages on any such day after one o’clock postmeridian

a meres and until two o’clock antemeridian of the following. day.

- Petition fer ‘ (b) (As amended by Act 18 of February 21, 1961, P. L. 45)

referendum When at ledst twenty-five thousand registered electors in

a _any city of the first or second class shall file a petition with .

. _.* Section 2 of amending Act 781 Provide: This act shall take

effect immediately but the sale of liquor and malt or brewed .

- beverages on Sunday in hotels in cities of the first and second .

elaxx xhall not be permitted in any city until after a majority of

electors voting in such city of the first or second class vote in

i of such sale under the referendum provisions of Section

” pute the said’ returns by municipalities 2

of the vote cast on the question to the |

electors with respect to the authorization of the sale

| quer Code

the county board of sdnishiies os the county for a , reSereendem 7

on the question .of determining the will of the electors with

respect to the authorization of the sale of liquor and malt ~

or brewed beverages during certain hours on Sunday. in

Pao

ce te

sill

die

[ad

Ae Hl

H iidat

Petite

Lr Sat!

i bgites

Control Board.

(d) (As amended by Act 18 of ‘ebeisery 23

-45) In any city of the first or second class,

liquor and malt or brewed beverages. during certain

Sunday in hotels may, after the year 1960, but not oft

than once in four years, be ascertained and the

city of the first or .second class, when

registered electors in the city of the first or

: class, shall file. a petition with the county board of elections

of the county for a referendum on:said question. Such petition

Stn talier ee oe cele oe oa tare

a age re g mgr agg mye SS

the

- year 1961. If a majority of the electors voting in any city

. _ OF the first oF second class vote “yes”, authorization of the

hes

Sar

oe be . @

PRES Baeyeesy gpe G2 22e. Bupsagasger-2 saggeeyeecaeys

pated ee Een uae Uae

AE echt nie hplian Uecibe!

| cy apa te Hane PHYO

mca Ga een Lana

)ianappi Pia, egal

: a§ ae a gcege tee ace ase . 2 &5 i Bes § .

ee a te

ae, f e275 a23 xé . ay ee : aI] 4 oe ge 3: 5 Be £5. |

HNEHAE! iis af ‘lah aii

, & | ; - 8, . i : | fi | : + , z | | 7 ij. “Sen ; 7 - . |

B@aSoa re

anmara

POS Beeches:

' any one day an ‘annual fee of twenty dollars ($20.

88a 2S

——_— a IMS St

wat i . a .

C Liquor Code Phe

may issue a master license to railroad.or pullman companies

to cover the maximum number of cars which the company

shall estimate that it will operate within the Commonwealth

- on any one day. Such licensees shall file monthly reports

with the board showing the maximum number of cars operated

in any one day during the preceding month, and if it appears

that more cars have been operated than cpvered by ‘ts license

_- it shall forthwith remit to the board the sum of twenty

- dollars for each extra car so operated. .

(b) For the purpose of considering an. application by a

steamship company for a, public service liquor license, the

board may cause an inspection of the steamship or vessel for

which a license is desired. The board may, in its di

grant or refuse the license applied for and there shall be —

. No appeal from its decision, except that an action: of mandamus .

may be brought against the board in the manner provided by

law.

_ shall, before receiving such license, file with ‘the board a

surety bond as hereinafter prescribed, pay to the board for

each of the maximum number of dinirig, club or buffet cars

which the applicant estimates it will have in. —— on

), and

for each steamship or vessel for which a license is desired

annual fee of one hundred dollars’ ($100.00). ~ |

(d) Unless previously revoked, every. license issued by the

board under this section shall expire and terminate on the

thirty-first day of December, in the year for which the license

is issued. Licenses issued under the provisions of this section

shall be renewed annually, as herein provided, upon the filing

‘of applications in such form as the board -shall prescribe,

but no'license shall be renewed until the applicant shall file

license fee specified. in this section.

.With the board 4 new surety bond and shall pay the requisite _

(e) (As amended by Act 639 of September 19, 1961, P. L. °

1507, Except as otherwise specifically provided, sales of

liqua#and malt or brewed beverages by the aforesaid public.

. service company licensees shall be made in accordance with,

and. shall be" subject to, the provisions of this act relating

to the sale of liquors -by restaurant licensees.

Section 408.1. (As added by Act 426 of December 16,

1965, P.L. 1106)* Trade Show and Convention Licenses.

(a) (As amended by Act, 247 of November 17, 1967,

PLL. ) The Board is authorized to issue a license in-

any city of the first or second class for the retail sale of

liquor and malt or brewed beverages by the glass, open

__ bottles or other container or in any mixture for consump-

tion in any restaurant or other appropriate location on

*Section 2 of Act 426 of December 16, 1965, P.L: 1106,

ovides “Trade. show and convention licenses shall not

bs subject to the provisions of Section 404 except in so

far as they relate to the reputation of the applicant...”

° 15s

and.

aw,

| city-owned premises or on premises of ‘an adthority

created under the act of July 29, 1953 (P-E--1034), known

‘ as the “Public Auditorium Authorities Law” customarily .

used or available foruse for trade shows and conventions.

Any concessionaire selected and certified by the city or

its authorized agency or by the authority may apply for a

li : 5 . . ’ .

' (b) The application for a. trade show” and cpavention ?

license may ‘be filed at any time and shall conform . with

all requirements for restaurant liquor license applications

except as may be otherwise provided herein. The applicant

shall submit such other information as the board may re-

quire. Application shall-be in writing on forms- prescribed

by the board and shall be signed and submitted to the board

by the applicant. The filing fee which shall accompany the ~

trade show and convention license application shall be twenty ’

dollars ($20). |

the application fee, and upon being satisfied that the appli-

cant is of good repute. and financially responsible and that

‘the proposed place of. business is Proper, the board shall.

issue.a license. to the applicant.

P.L. ~ ) The license shall be issued for the same. period

as provided for restaurant licenses and shall be renewed

@s in section 402. The license shall terminate upon

revocation by the Board or upon termination of the con-

tract between the concessionaire andthe city or authority.

(e) The annual fee fora trade show and convention

license shall bé six hundred dollars ($600); and shall ac-.

company the application for the license. Whenever a con-

cessionaire’s contract terminates the license shall be returned

_to the board for cancellation and a new license shall be issued

to a hew applicant. .-. - — .

(f) The penal sum of the bond which shall be filed by an

applicant for a trade show and convention license pursuant

‘ to section 465 of this article shall be two ‘thousand dollars ~~

($2,000) and in addition thereto he shall file an additional

bond in a sum to assure payment of any suspension of license

up to one hundred days. .

pias amended by Aci 247 of November 17, 1967, -

P.L. holder of a trade show and con- .

. vention license may be mgde except to those

) Sales by

- " (d)(As amended by Act °247 of November'17, 1967,

prohibited under clause (1) of section 493 of this act on —

city-owned or.authotity-owned, leased or operated prem-

ises customarily used. or available for use for trade

shows and conventions during the hours in which the con-

vention or trade show is being held and up to one hour

after the scheduled closing, and at functions which are

incidental to or a part of the trade show or convention,

but such sales may not be made beyond the hours ex- |

_ pressed in the act for the sale of liquor by restaurant li-

censees: Provided, however, That during the hours ex-

pressed in this act for the sale of liquor by hote] licen-

sees, sales of such liquor or malt or. brewed beverages

may be made by said licensee at banquets, not incidental]

to trade shows or conventions, at which more than two

thousand persons are scheduled to attend, and at func-

tions irrespective of attendance, which are directly re-

lated to’ ‘Philadelphia Commercial Museum or the

- Ceater for Intemational Visitors: And provided further,

That no such sale shall be made at any sporting, ath-

_letic or theatrical event.

a vas, amended .by Act 247 of November 17, 1967.

never a contract is terminated prior to the

etc date provided in the contract between the city

or authority and the concessionaire, the city or authority

may select and certify to the Board a different copces-

sionaire which concessionaire shall apply to the Board

_ for a new license. Ifthe applicant meets the requirements

of the Board as herein provided, a new license shall

thereupon be issued.

(i) If any trade show and convention license is suspended. :

the offer in. compromise shall be accepted at the same rate

as provided for existing restaurant liquor licenses not in -

excess of one -hundred days. If. any trade show. and con-

vention license is. revoked, the board shall issue a new

‘license to any qualified applicant without regard to the pro-

hibition in section 471 against the grant of a license at the

‘same premises for a period of at least one year.

Section 409. Sacramental Wine Licenses; Fees; Privi- .

leges; Restrictions ——(a) Subject to the provisions -of this

.act in general.and more particularly to the following pro-

visions of this section, the board shall issue sacramental wine

licenses to qualified applicants. °

(b) (As amended by Act 702 of September 28, 1961, P. L.

, a 1728) Every applicant for a sacramental’ wine license shall

hle a written application with the board in such form as the

board shall from time to time prescribe, which shall be ac-

- companied by a filing fee of twenty dollars ($20), a license

fee of one hundred dollars, and a bond as hereinafter pre-

scribed. Every such application shall contain ‘a description

of the premises for which the applicant desires a license and -

shall set forth such other. material — as ‘may be

required ‘by the board.

must show that he is a citizen of. the United States and a

_Tesident of this Commonwealth. If the applicant is an as.

' sociation or partnership, each and every member of the

- association or ‘partnership must -be a citizen of the United

States and a resident of this Commonwealth. If the applicant

31.

Application

Citizenship «

een

i i

Z a

SS bel

jaro.

”

Applicatica

(b). (As amended by Act 702 of Se

epte

1728) *Every applicant for an importer’s li

“I em tie tote prescribe, whch sk

License feo —

$100

aah

tr te bs by Act 702 of September

pei

Warehouse ma

ipality -

included

28, 1961, P. Ll

of an importer’s license may have

warehouse wherein only his liquor may

and stored, located in the same municipality in which

The. holder

one

salt

. his licensed premises is siti, ied not elsewhere, . ‘tinless

' tional storage warehouse desired. The board is authorized and

Liquor Code

such licensee secures from the board a license for each addi-

empowered to issue to a holder of an importer’s license a

licénse for an additiongl storage warehouse or » _warehouses

located..in this’ Commonwealth, provided such licensed im-

_ the board may from time to time require. accompanied by a .

porter’ files with: the board a separate application for each

warehouse in such form and containing such information as

_ + filing fee of twenty dollars ($20), a license fee. twenty-five

; ~“dollars,.and a bond of an approved'surety company in the

amount of ten thousand dollars. Such bond shall contain the

" samé” provisions -and.canditions as are + Fequired in the other,

licerise bonds under this article

(d) If the applicant i is a natural person, his aatibilias must . ‘a

show that he is a Citizen of the United States and a resident

. resident of--this Commonwealth. If the applicant is a a

_ Created under the laws of Pennsylvania or holds a certificate —

of authority to transact business in Pennsylvania, and that all

officers, directors and stockholders are citizens of the United .

_ may be suspended or revoked by the board upon proof satis-

same as for the revocation and suspension of hotel, restaurant

of this Commonwealth. If the applicant is an association or -

partnership, each and every member of the association or

partnership must be a citizen of the United States and a

poration, the application must show that the corporation was

States.

-(e) Importers’ licenses shall enue ‘the hiitess thereof .

to bring or import liquor from other states, foreign countries,

or insular possessions of the United- States, and purchase

liquor from manufacturers located within this Commonwealth,

to be sold outside of this Commonwealth or to Pennsylvania

Liquor Stores within this Commonwealth, or when in original

containers of ten gallons or greater capacity, to ———

facturers. within this Commonwealth.

All importations of liquor into Pennsylvania by the li licensed

importer. shall be consigned to the Pennsylvania Liquor Con-

trol Board or the principal place of business or lauthorized

place of storage maintained by the licensee.

(f) Every importer stiall maintain on the licensed premises

such records as the board may prescribe. Any such license

factory to it that the licensee has violated any law of this

Commonwealth. or any regulation of the board relating: to

liquor and alcohol. The procedure in such cases shall be the

_ and club licenses.

-_ shall at the same time be a holder of a hotel, restaurant or -

Section 411. Interlocking Business Prohibited.—(a) No |

ufacturer

manufacturer and no officer. or director of any man

club liquor license, nor be the owner, proprietor or lessor of

any ‘place. covered. by any hotel, restaurant or- club —

= license.

(b) No minhidilacturés': importer or ected wine li-°

censee, and’ no officer or director of a manufacturer, importer

or sacramental wine licensee shall own any stock or have

Additional

warehouse

application —

Resident

. .. Liquor .Code *

; :. : . ‘ : be . . oi : ; 3

any. financial interest in any hotel or restaurant licensed under 4

. .» this act. Ser eee ok | ae :

Ownership or -- — (c+) Excepting as: herein provided. no manufacturer, or ©

tenschold of officer, director, stockholder, agent or employe of a manu-~

sal - - facturer shall in any wise be interested; either directly or.

: ‘tndirectly, in. the ownership or Jeasehold of any propesty or

_ «> the: equipment of any property or any mortgage lien against

me 7 the same, for which a hotel, restaurant or club license is

) granted; nor shall a manufacturer, importer or sacramental

wine. licensee, or officer, director, stockholder, agent or em-.

. ploye of a manufacturer, importer or sacramental wine li-

‘Lend wsaey, censee, either directly or indirectly, lend any moneys, credit,

credit, guaran- °F give anything of value or the equivalent thereof t6, or

seeais,s

Rees et i eee oe Ye

obligation of, any hotel, restaurant or club licensee; his —

tee note, ete. —Ruarantee the payment of any bond, rot ch ense, hs

servant, agent or employe, for equipping, ting out, or

_ Maintaining and conducting, either in whole or in part, a

hotel, restaurant or club licensed for the selling of liquor for

| use and consumption upon the premises.

peaueuie or . C d) Excepting’ as herein provided, no hotel licensee, restau-

property or rant licensee or club licensee, ‘and ‘no officer, director, stack-

meortenge ~ holder,” agent or employe of any such licensee shall in any |

wise be interested, either directly or indirectly, in the owner-

_ manufacturer in manufacturing liquor or malt or brewed

ages; nor shall any hotel, restaurant or club licensee,

« ship. or leasehold of any Property or the equipment of any ~

_° Property or any mortgage lien against the same, used by a ~

or any officer, director, stockholder, agent’ or employe of any

Loans, credit such licensee, either directly or indirectly, lend any moneys,

credit, or ‘give anything of value or the equivalent thereof, to :

" any manufacturer, for equipping, fitting out, or maintaining

‘and conducting, either in whole or in part, an establishment

ised for the manufacture of liquor or malt or brewed bever-

ages. .-

( e) Except as herein provided, no hotel, restaurant or club_

licensee, and no officer, director or stockholder, agent or em-

‘ploye of any such licensee shall in any wise be interested,

3° Ownership of directly or indirectly, in the ownership or leasehold of any.

property _ property or the equipment of any property. or any mortgage —

a lien against the same, used by a distributor, importing dis- -

tributor, retail dispenser, or by an importer or sacramental

wine licensee, in the Conduct of his business: nor’ shall any

— . stockholder, agent. or employe of any such licensee, either

Loans, credit directly or indirectly, lend any moneys, credit, or give. any-

thing of value or the equivalent thereof, to any distrit

importing. distributor, retail dispenser, impo ef or §

mental wine licensee, for equipping,-fitting i i

ing and conducting, either in whole or in ablis

ment used in the conduct of his business. - - °

- The purpose-of this section is to require a tion of

.. “the financial and business’ interests between manufacturers

~ and holders of hotel or. restaurant liquor licenses and, as

herein provided, of club licenses, issued under this article, and

Liquor Code

why wal

ler > no person shall, by any dviiee’ witatssevdi dee tty or indi- -

. rectly, evade the provisions of the section. But in view of

or _ existing economic conditions. nothing’ contained in: this sec-

u-’ ul tion shall be construed to prohibit the ownership of property i

org or conflicting interest by-a manufacturer’ of any place oc-

~ cupied by a licensee under this article after the ‘manufacturer é

st ? has continuously owned and had a conflicting interest in-such

is : place. for a period of at least five years prior ‘to. July eicht-.

al - eenth. one thousand’ nine’ hundred thirty-five: Provided,

n-. | however, That this clause shall not prohibit any hotel, res-

4 > taurant or club liquor licensee from owning land whi*h is

it, _ leased to, and the buildings ‘<i.

is 3 of such lands who-owns the buildings thereon.

| .(B) Malt and Brewed Semenées (Including

Section 431.° Malt and Sivieel. Beverages Stasatad!

1- - turers’, Distributors’ and Importing Dis tors’ Li-

[- -censes.—(a) (As amehded by Act 182 of August 17, 1965,

y _ P. L. 346.) The board shall issue to any person a resident [

'- of this Commonwealth of good repute who applies ‘therefor.

y pays the licensee fee hereinafter prescribed, and files bond

- hereinafter required, a manufacturer’s license-to produce and —

_ sell and deliver malt-or brewed beverages at or from one or

more places of manufacture or storage, only in original con-

d manufacture malt or brewed - beverages, and to transport,

y ‘

, _—tainers, in quantities of@ot less than a case of twenty-four

0 containers, each container holding seven fluid ounces or more, _

f ‘or acase of twelve containers, each container holding twenty- —

four fluid ounces or more, except original containers con-

- taining one hundred twenty-eight ounces or more which may

be sold separately anywhere within the Commonwealth. ’

b Licenses for places of storage shall be limited to those main-

- tained-by manufacturers on July eighteenth, one thousand

fos places of storage in addition to those maintained on: July

eighteenth, one thousand nine hundred thirty-five. The- ap-

_ plication for such license shall be in such form and contain

_ such information as the board. shall require. All such licenses

_ Shall be. granted for the calendar year.‘ Every manufacturer

_ shall keep at his or its principal place of business within the

_ Commonwealth daily permanent records which shall. show,

(1) the quantities of raw ‘materials received and used in the

cs SSS. 3 Qe = Se SS G& F

_ (2)..the sales of malt or brewed beverages, (3) the quanti-

_ ties-of malt or brewed. beverages stored for hire or trans-

» ported for hire by or for -the licensee, and (4) the names

: Every Place * ‘licensed as a manufacturer shall be subject to

_ inspection by members of ‘the board or by persons duly au-

-thorized and designated by the board, at any and all times of

the day or night, as they may deem-necessary, for the detec:

f | and addresses of the purchasers or other recipients thereof.. °

* tion of violations of this act or of the rules and regulatiéns

3 : 2 *s ° .

~ be Sg . - Ca 55 “ - - ~~ ae

eee : ee

reon owned by, a holder of. .

or a’ retail dispenser’s license; and nothing in this clause shall

— prevent the issuance of a retail diepenser’s licenise to a lessee

a nine hundred thirty-five, and the board shall issue no licenses.

_ gnanufacture of malt or brewed beverages and the quantities.

of malt or brewed beverages manufactured’ and stored;

Application

; Records

" Detection of

violations

Right te enter ;

; Distributor’s

or Importing -

Distributor’s

License °

Minimum Sale

Liquor Code

° rig ee,

of the board, 6r for the ‘purpose of ascertaining the correct-

ness Of the records required to be kept by licensees... The ~ |

_ books and records of such licensées shall at all times be open

to inspection by members’ of the: board or‘ by persons duly

authorized and designated by the board. . Members of the

board and its duly authorized agents ‘shall have the right,

without: hindrarice, .to enter any ‘place which is subject to. :

inspection hereunder or any place where such records are

kept for the purpose of making stich inspections and-‘making . ~

transcripts thereof. , :

- (b) Ps amended by Act 991 of January 14,-1952, P.L.

2089; Act 471 of October 23, 1959, Pty] 360; Act 182 of

place which such person desires.t¢ maintain for the sale

of malt or brewed beve , Not for consumption on the

premises where sold, in quantities of not less than

twenty-four * containers; each ¢dontainer holding seven

fluid ounces or more, or twelye cgntdiners, each con-

tainer holding twenty-four fluid ounces or more, exc

origina! .containers containing Lins hesdbed-euancyrelyen

ounces or more which may ‘be; sold separately and such

' .containers to be the original’ containers as “prepared for

: «facture: And provided further, That the Board, shall have

Discretion as the discretion to refuse a license to any of to any

to Felonies

Purchases

corporation, partnership or association if.such person, or

_ of partner of such parmership or association shall have .

~ been-convitted or found guilty of a felony within a period .

&F i

‘ cation\for the said license. -

any officer or directog of such corporation

Except as hereinafter provided, such license shall authorize

the holder thereof to sell or deliver malt or brewed beverages

in quantities above specified anywhere within the Common-

‘wealth of Pennsylvania, which, ‘in the ‘case of distributors, _

‘have been purchased only from persons licensed under this |

‘act as manufacturers or importing distributors, and in the |

- case of importing distributors, have‘been purchased from |

manufacturers or- persons outside this Commonwealth engaged -

'. in the legal sale of malt or brewéd beverages or from manu-

Territorial

. distributing

righfe—

Out @ State

brewer

facturers‘or itnporting distributors licensed under this article.

‘ of State manpfacturer of malt or brewed bever-

ages Whee

products are sold and delivered in this Common-

wealth shall give distributing rights for such products in —

designated geographical areas to specific importing distribu-

tors, and such importing distributor’ shall not sell or deliver

malt or brewed beverages manufactured by the out of State

manufacturer to any person issued a license under the pro-.

visions of this act whose licensed premises are not located

-years immediately preceding the date of appli-

, ‘

_ > ©

Jere ee =

Satan t

fs =

wi ig ahh canines

Lisinasli

See

ae ey /

.phical area for which he has been given, | \

ng rights by such manufacturer : Provided, That A

a product shall not sell or. deliver the same to another.

* Zimporting distributor without first having entered into a

_ | by the said manufacturer : Provided, That the importing dis- ,

| tributor holding such distributing rights for such product °.

' ‘shail not. sell or deliver the ¢ame to another importing dis- = 8 8° *

<, tributor without first having ‘entered into a written agreement = +

"| with the said secondary importing distributor ' setting forth §/

7 ‘| the terms and conditions’ under which such products are to:

te «

) be resold within the territory granted to the primary import- A ae

~< ing distributor by the manufacturer, Nothing herein contained

: ” Chall be, construed to prevent any manufacturer from author-

izing the importing distributor holding the distributing rights

| for a designated geographical area from selling the products

‘| .of such thanufacturer to another importing distributor also

= holding distributing “rights from the same manufacturer for

“= another geographical area, providing such authority ‘be con-

|. (c) (As amended by Act 591 of January 14, 1952, P.L.

4.2089; Act 179 f October 9, 1967, P.L.. .; Act 432 of .

January 18, 1968, P.L. and- Act 199 of July 20, 1968,

P.iL. §; and Act 110 of May 5, -1970, P.L. bee

aforesaid licenses shail be issued only to reputable indi- _ -

viduals, partnerships and associations who are, or whose.

members are, citizens of the United States and have for - citizenship ~ |

two years prior tothe date of their applications been a, ae

dents of the Commonwealth of Pennsylvania or to reputa- P= .

ble corporations otganized or duly registered under the .

laws of the Commonwealth of Pengsylvania. Such licenses.

‘shall ‘be issued to corporations duly. dtganized or regis-

tered under the laws. of the Commonwealth of Pennsylvania omeers and

) only when it appears that all of the officers. and directors Directors of

+). of the corporation are citizens of the. United States and yon rs aa

')- have been residents of the Commonwealth of Pennsylvania

for a period of at least two years priot tothe date of appli-

® * =F ® S 3

MN i

ig 9 alin i Sos abs ARORA ani Se cy

cation, and that at-least fifty-one per centum of the-capi- ship

> a. ;

; ‘ 7 : ; Ie ; :

1970.

Cee Orem

-”

Revised June,

. —_ .

d on.

| Stock owner- | -

Exception to

Residence |

'. Requirements

\.. ~ Discretionary

te issue club

Neense

'_Leoeal option

restriction .

“

Detriment of

neighbor .

a a

_tal stock of such corporation is actually owned by

a period of at leaSt two years prior to the date of Appi

‘ licenses and as ‘manufacturers of malt or brewed beve ;

. ages, nor shall the provisions .of this ‘subsection wi +

- - tion, or to reputable

> wfider the laws ofthe Commonwealth of Pennsylvania. alle

' +” whose officers and dixectors: are citizens of the United States

' 482. and“Act 177 of October 9, 1967, a

3 ind |

viduais who are citizens of the United States and hm

oS ‘Liquor Code

been residents of the Commonwealth of Pennsylvania {

cation: .Provided, That the provisions of this subsecti: |

‘with respect to residence requitements shall not apply:

individuals,, partners, officers, directors and owners

capital stock, of ‘corpoiations licensed or applying {

licenSed -or applying for licénses ‘as npoufacturers C8

malt or brewed beverapes. ee Te 4

Section 432. Malt and Brewed Beverages Retail Li .

censes.—(a) Subject tothe restrictions hereinafter provide.

,in this act, and upon being satisfied of the truth of the stat —

“ ments in the application, that the premises and the applicar

\ meet ‘all the requirements of this act and the regulations ¢.°

\the board, that the applicant seeks a license for-a reputabi *

tel. eating place or club, as defined in this act, the boar.

1, in the case of a hotel or eating place,. grant and iss. >

‘andNn the case of a club may, in its discretion, issue or refus.

the. applicant a retail dispenser’s license. - ~

(b) the case of hotels and eating: places licenses shal |

be iss ly to reputable persons who are citizens of th -

United States and have for two years been. residents of th

Commonwealth of P lvania at the date of their applica —

rations organized or duly registere,

Inthe case of ‘incorparated clubs, licenses shall be issye -

. only to*those incorporated.under the laws of Pennsylvahia:

. 9 of January 19, 1952, P. 1

2170) No retail dispenser’s lic

es shall be granted or re

* newed upon their expiration in any unicipality in which th |

* electors shall vote, as hereinafter provi

censing therein of places where malt or bréwed

ded, against the |i

be sold for consumption on the premises whe |

- (d)(As amended by Act 244 of June 19,\1

i ) The

= its discretion, grantor refuse any new licens:..

‘or the transfer of any license to a new location if suc

place. proposed to be licensed is. within three hundre.

' feet of any ‘church, hospital, charitable inistitution, school, o

- public. playground, or. if such new license or transfer is ap

plied for a-place which is.within two hundred feet of - amt.

. Other premises which is licensed by the board, or if suc .

_ new license or transfer is applied for a place where the prin

cipal business coriducted is the sale of liquid fuels and oil

The board shall refuse any application: for a new license o

the transfer of any_license to a new location if, in the board

‘opinion, such new license or transfer would be detrimenta-

_ > * to the welfare» health, peace and morals of the inhabitant:

Revised June, 1970

of the neighborhood within.a radius of five hundred feet d_

the place tobe licensed. The board shall not issue nev

; \ .

_ ‘ . se -

‘ ae . : : : ‘ eres |

district :more than twice each license year, effective from

* specific. dates fixed by the board, and new licenses shall not

: Pe grantéd unless ‘the application therefor shall have been

“ ¥Sjed at least thirty days~before the effective date of the

4 license. Nothing heréin contained shall prohibit the board

( ¥ from issuing a new license for the balance of any unexpired

f{ . term in any-license district ‘to any ‘applicant in such district,

¢ who shall have become eligible to hold such license as the

i: - result of legislative enactment, when such enactment shall

ic | : ‘ : . ° .

2} : licenses, except as herein otherwise provided, in any license

«|. which application is made, or within-the thirty days immedi-.

‘* ately preceding such term: And provided further, That.the —

_) Board shall have the discretion to refuse a license to any

: ‘person or to any Corporation, partnership or association

, if such person, or any officer or director of such corpora-

: ‘tion, or any member or partner of such partnership or

¢.* association shall have been convicted or‘ found guilty of

: T afelony within-a period of five years immediately preced-

t ing the date of application for the said license.

* ~~ (e) (As amended by Act 244 of June 19, 1961, P. L.

S. .482) Every applicant’ for a new or for the, transfer of an

~ existing Hcense to another premises not then licensed shall

i . post, for-a period of at least fifteen days beginning with the

h -day the ‘application’ is filed with the board, in a conspicuous

Z place on the outside of.the premises or in a window plainly

visible from the outside of the premises for which the license

‘ * of the posting of such notice shall be filed with. the. board.

Section 433. Public Service Licenses——The board may

L issue public service malt and brewed beverage ‘licenses toa”

¢ railroad, pullman or steamship company permitting malt or

brewed beverages to be sold at retail:in dining, club or buffet

cars, or the dining compartments of steamships or vessels,

) — for consuription on the trains, steamships or vessels where- .

ever operated in the State, except wi:en ‘standing in stations

or terminals .within a- municipality wherein retail. sales are

prohibited. Such licerises shall only be granted to reputable

“persons and for fit places. .Fhe board may issue a miaster

‘41% 1se to railroad or pullman companies to cover the maxi-

mum number of’ ¢ars which the company shall estimate that

: it will operate within. the Commonwealth, on any one Rs

‘on

"+ Such licensees shall file monthly reports with the board s

ing the maximum number of cars operated ‘at any time

any day during the preceding month, and if it appears that

each extra car so operated. The. board shall have the power

to suspend or revoke any such licenses ‘for cause after grant-

= eae eee” Sy er

ranesse is > Sadi eh

seiiabaide

’ |

grieved by. the decision of the board in,refusing, suspending

or revoking “any Such license may appeal to the court of

ouarter sessions of Dauphin County in the same manner as

provided in this article for appeals from refusals of licenses.

= 6S.

igi

‘. is applied or at the proposed new location, a notice of such -

¢ application, .in- such form, of such size, and containing such -

‘ provisions as the board may-require-by its regulations. Proof ™-’

_ more cars have been rated than covered by its license it -

. shall forthwith remit to the hoard the sum. often dollars for _

ing a hearing thereon to the licetisee. Any ‘person ag-_

Discretion as

to Felonies

Notice te be

pos .

°: .

Revocation

Appeal ,

Revised June. 1970

OE OT TN

LOE ROY MMT cr

oh Pr

ii ah ae eal a

Bond

Stadium or

3. Arena Permits

_ mm

¢ ‘

¢ pecommo-

dations

Cities of

Second Class

Sales

Section 433.1. (As added by Act 27¥ of July. 10, 1961

*P.L.-561) Stadium or Arena Permits. (a) (As amende,

- by Act 247 of November 17, 1967, P.L. ) The Boar.

_ is hereby authorized to issue, in cities of the first an

second class, special permits allowing the-holders there.

‘of ‘to make retail sales of ‘malt or brewed beverages in.

_ Shatterproof containers at all events on premises princi.

pally utilized for competition of professional and amatew-

athletes and other types of entertainment having a

available seating capacity of twelve thousand or more; _

_» Provided, however, That’in cities of the second clas; -

. this section shall be applicable only to premises owned .

léased or opeiated by any authority created under the ac

of July 29, 1953 (P.L. 1034), wn as the “Publi

Auditorium Authorities Law.” Such sales may be made

_ only to adults and only on days. other than Sunday. wher

_ the premises are so used and only during the period fron

one hour before the start: of and ending one-half how

after the close of the event on the premises.

(b) (As: amended by Act 247 of November 17, 1967:

P.L. ; . ) The owner or lessee or a concessiotiaire o

any such premises may make application for a permit

The aforesaid permits shall be issued only to reputable

individuals, partnerships and associations, who are «

whose members are citizens of the United States an

have for two years prior to the date of their application:

been residents of the Commonwealth of Pennsylvania, a

to reputable corporations organized or duly Fegistere,

under the laws of the Commonwealth of Pennsylvania, al -

of whosé officers and directors are citizens of the Unite ;

. States. Each oe shal] furnish proof satisfactory t

the Board that he is of good repute and financially re,

sponsible and that the premises upon which he’ proposes

to do business is a proper place. The applicant shal

submit such other information as the Board may require®. |

Fees .

Applications’ shal] be in writing on forms, prescribed b

the Board, and signed and swom to by he

fee of twenty-five dollars ($25), a permit fee of om

of one thousand dollars ($1000) conditionéd the same a: °

the license bonds required by this act for retail dispense. '

licenses.

(c)(As amended by Act 247. of November 17, 1967

P.L. , ) Upon receipt of the application in proper’ forn

~ the application fee, the permit fee and bond, and upot

being-satisfied that the applicant is. of good repute an

financially responsible and that the proposed place o

business is propef, the Board shall issue a.specia] per

mo applicant: —

‘Every application shall be accompanied by an applicaticar -

a a a ee a

SS 7 fT’ se FAA KE

Se fF FF | 4 OF & «F

‘mit to the applicant. Only one permit issued under this

section shall be in effect on any such premises at any

time.

is revoked, another may be issued for the same premises

to another applicant upon compliance with the provisions

- of this section.

’ _(e) The board shall have the power to refuse the issuance

. of any permit for cause, and to revoke or suspend any permit

for cause or for any violation of the liquor or malt and

brewed beverage laws... Any applicant or holder of a permit

aggrieved by any ruling of the board or by its refusal to.

issue a permit, or by its suspension ‘or revocation thereof;

shall have the right to a hearing and appeal therefrom in |

_ the same manner as provided in sections 464 and 471 of this 7

act authorizing appeals from orders of the board. ~

a. ‘Section 434. License Year.— (a) Licenses issued under

this article to distributors, importing distributors and retail

dispensers shall, unless revoked in the manner provided in this .

act, be valid for the license year which may be established by

the board for the particular license district in which the

_ license issues. .

(b). Malt or brewed beverage licenses issued under this

article to manufacturers and public service companies shall,

(d)(As amended by Act 247 of November 17, 1967,

‘P.L.___) No’permit. shall be transferable or assignable.

_ “The Board may by regulation fix the permit year and pro-

vide for the renewal of such permits. Whenever a permit —

Appeal

established

unless revoked in the manner herein provided, be valid for .

the calendar year for which they are issued. Licenses to such

| manufacturers and public ‘service companies may be issted

at any time during a .calendar year. .

Section 435. (As amended by Act 702 of September 28,

1961, P. L. 1728) Filing of Applications for Distributors’,

Importing Distributors’ and i

Filing Fee,—Every person intending to apply for a distribu-

tor’s, importing distributor’s or retail dispenser’s license, as

_ aforesaid, in any municipality of this Commonwealth, shall

fle with the board his or its application. _ All such applica-

2. tions: shall be filed at a time to be fixed by the board for

_- the particular license district as set up by the board under

3 filing the application and bond,

_ for distributors’, importing distributors’ and retail dispensers’.

the provisions of this act. The applicant shall, at the time of

pay said board the ‘filing fee

-_, Section 436.- (4s amended by Act 244 of June 19, 1961,

P. L. 482) Application for Distributors’, Importing ‘Dis-.

tributors’ and Retail Dispensers’ Licenses.— Application

licenses, or for the transfer of an existing license to another

| premises not then licensed, shall contain or have. attached

_ thereto the following information and statements :

- Dispensers’ Licenses; |

Filing of

application

Filing date

ALLO A PA TD Uae eitate tyre Ady

a) .

OOS TEI ARI ENT EIS 62

_(a) The.name e and residence of the applicant and how long

he has resided there, and if an association, partnership or

corporation, the residences of the members, officers and di- -

rectors for the period of two years next preceding the date

’ of such application. . 4

a (b) (As amended ‘by Act 244 of June 19, 1961, P. L. 482 *

_-and Act 101 of June 29, 1965, P..L. 151) The particular |

_ place for which the license is desired and a detailed descrip- -

tion thereof. The description, information and plans referred

.°. to in this subseetion shall show the premises or the proposed .

"location for the construction of the premises at the time the :

a application is made, and shall show any alterations proposed

~ td be made thereto, or the. new: building proposed to be con-

structed after the approval by the board. of the application

for a license, or for the transfer of an existing license to .

another premises not then licensed. No physical alterations,

— . improvements or changes shall be required to be made to -

ato any hotel,. eating place or club, nor shall any new -building

for any such purpose be required to be constructed until ap-

proval of the application for license or for the transfer of

~ an existing license to another premises not then licensed by -

the board. After approval of the application; the licensee ~

shall. make the physical alteratioris; improvements and

, changes to the licensed premises, or shall construct the new

building in the manner specified by. the board at the time of

‘approval. The licensee shall not.transact any business under |

the license until the board has: approved the completed physi-

cal alterations, improvements and, changes of. the licensed

as conforming to the specificatiens required by the board at

_ the time of issuance or transfer of the license and is satisfied

that . the premises meet the requirements for a distributor’s

or ‘importing distributor's license as set forth in this act or

that the establishment is an eatirig place, hotel, or club as |

defined by this act. The board may -require that all such

alterations or construction | or conformity to definition be

Traaster completed within: six months from the time of issuance or

| prohibited transfer of the license. Failure to comply with these require-

ments shall be considered cause for revocation of the license. *

- No such license.shall be transferable between the time of

"issuance or transfer of the license and the approval of the

completed ‘alterations or construction by the board and full

compliance by the licensee with the requirements of this act, »

3 . ‘except in the case of death of the licensee prior to full com-

‘2. pliance with all of the aforementioned requirements, in

3 - which event. the license may be transferred: by the board

as provided in section 468 of this act for the transfer of

- the license in the case of death of the licensee. :

r c) Place of birth of applicant, and ifa naturalized citizen,

where and when naturalized, and if a corporation organized

or —— under the: laws of the Lene, when .and

8 opt lean ng Caleta oe Reta adalat Denis | estinatiinled

nd at Soasbrinhnis

ROME le ata ban OYE ee

vy:

Pireadiaasicy ARAM

ee ee ree ee eee

- where incorporated, with the names and addresses of each

- officer and director, all of whom shall be citizens of the United

States; if the application is for a distributor’s or importing

- distributor’s license and the applicant therefor is a corpora-

tion, the application. shall-also contain a statement of facts:

_ showing the qualifications of the corporation, as hereinbeforg *

required, together with the names and addresses of all stock

~ holders. A. Ss ie at

' (d) ‘Name of owner of premises and his residence,

_ (e) That the applicant is not, or in case of a partnership

or association, that the members or partners are not, and in

_ the case of a corporation, that the officers and directors are

‘not, in any manner pecuniarily interested, either. directly or

indirectly, in the profits of any other class of business regu-

_ lated under this article, except as hereinafter. permitted. .

(f) That. applicant is the only person in any manner

- pecuniarily interested in the business so asked to be licensed,

- and-that no other person shall be in any manner pecuniarily

interested therein during the continuarice of the license, extept

as hereinafter permitted. : e 3

_ (g) Whether applicant, or in. case of a partnership or

association, any member or partner thereof, or. in case of a

corporation, any officer or director thereof, has during the .

three years immediately preceding the date of said application

had a license for the sale of malt or brewed. beverages or

spirituaus and vinous liquors revoked, or has during the

same period been convicted of any criminal offense; and if

. $0, a detailed history thereof.

. (h) A full description of that portion of the premises for ;

which license is asked, and if any other business is to be con- -

ducted concurrently with the sale and distribution‘ of malt:

or brewed beverages, a: full history of such business, relating

the nature thereof, the length of time it has so previously been

* conducted by the applicant or his predecessor at such location,

_ and such additional information as the board may require.

. (i), Every club applicant shall file with and as a part of its

application a list of the names and addresses of its members,

directors, officers, agents and employes, together with the

dates of their: admission, election or employment, and such

_ other information with respect to its affairs as the board shall

Tequire.

(j) The application must be verified by affidavit of appli-

cant, and if any false statement is intentionally made in any

part of the application, the affiant shall be deemed guilty of

a d r and, upon. conviction, shall be subject to the

' penalties” provided by this article. a

’ Section 437. ‘Prohibitions Against the Grant of Li-

_ censes.—(a) The board shall refuse to grant any licenses un-

_ less the application therefor contains the information required

_ by this act, and the premises meet such reasonable sanitary re-

_ quirements ‘as the board, by regulation, shall preseribe. —

“Affidavit

. Sanitary re-

quirements

# a

ema cM Re La SOA heal chalk aa Sat

. . -

i tioy

. .

- elub li

”-

Board shal.

refuse to issue

se in

certain .cases

. Reputable a

individuals.

| Public office |

' of the penal laws of the United States of America or any .

the penal laws of this Commonwealth or any penal ordinance.

No distributor

on retail

licensed

premises

Quota

: Liquor Code.

membership of the club.: ; .

(c). Licenses shall be granted by the.board only to reputable

individuals, or to associations, partnerships and corporations: _

whose members or officers and directors are reputable in- —

dividuals. ;

_ (d), No person who holds, either by appointment or elec:

tion, any public office which involves the duty to enforce any.

or resolution of any political subdivision of this Common:

wealth shall be: issued any manufacturer’s, importing distribu-

tor’s, distributor’s or retail dispenser’s license, nor shall such

_a. person have any interest, directly or indirectly, in any such

license.

; \

(e)- No distributor’s or importing distributor’s license shall

be issued for any premises in any part of; which there is

. operated any retail license for the sale of liquot or malt or

brewed beverages. oO,

(f) (As added by Act 591 of January 14, 1952, P: L. 2089

and .amended by Act 445 of December 22, 1965, P. L.1149) ~

No new distributor’s or importing distributor's license shall

hereafter be granted by the board in any county of the Com-

monwealth where the combined number of distributor and ‘

- ‘importing distributor licenses exceeds one license. for each

fifteen thousand inhabitants of the county in which the license

is to be issued: Provided; That a combined total of five such -

licenses may be granted in ary county of the Commonwealth.

Nothing in this subsection shall -be construed as denying

the right of the board to renew or to transfer existing dis-

tributors’ or importing distributors’ licenses or to exchange E

a distributor's license for an importing distributor's license {

or to exchange an importing distributor's license for a dis-

- tributor’s licénse, upon adjustment of the applicable fee, not- ‘

county shall exceed. the limitation hereinbefore prescribed:

Provided, That no distributor's license or importing distribu- :

tor’s license shall be transferred from, one, county to another —

the license is proposed to be transferred. ae si

Section 438.° Numiber and Kinds of Licenses Allowed

Same Licensee—(a) Any retail dispenser may be granted

county so long as the quota is filled in the county to which

licenses to-maintain, operate or condyct any number of places. 7

for the sale of malt or brewed beverages, but 4 separate

license must be secured for each place where malt or brewed —

beverages are sold.

(b) No person shall possess ox. be issued ‘more than one

- a

’ (by The board shall refuse to grant a license to any club —

when it appears that the operation of such license would —

inure to the benefit of individual members, officers, agents or .

employes of the club, rather than to the benefit of the entire . :

(c)‘No person shall possess more than’ one class of

license, except that a holder of.a retail dispenser’s li- ~

cense-may also be a holder of a retail liquor license. =”

Ques bee Oe. ooh colle

js —

“ad.

Wh oe

License Fees. License fees

ufac-

ag 3 g% est: H3y ei P Syerre

Hn lee a gl sa i‘ ! al gl)

Ta eA Can HL d sane

Qo ofiegl fustide Pb Ub. 68 og tie bp Ps ab belae:

iret Setuas* 4.35 pei gs- ay x ties Bree

4 Ad gy a We tn a sfsay dpa)!

oe Hi ep goee 2 § ie rt: 23 48x “f R: jis enese ede.

“eg ft : 38) 2 3. HE ¥ 24,9005 <= 5S a Pease Bee

ie ezaiiae a8 it, Be at edaees of Thee

RADE Ga] edn nnn

ail nat yh ATH dats aH ili EEE ees

pias fi eo sd dye aes eet

Pine “aa” dsycesse™ a s8h ise eis

~ pmibesbicdasiadoks ode cheval tee Litsealiteaieuh ofan nen en EERE atin

’ . :

tainers, each container holding twenty-four flaid ounces or

‘more except original. containers containing one hundred

twenty-eight ounces or more which may be sold: separately ;

- nor shall any manufacturer maintain or operate within the

places covered by his or its license where malt or brewed

distributor or importing distributor. .

Commonwealth any plice or places. other than the place.or —

beverages are sold or where orders are taken.

Section 441. Distributors’ and Importing Distributors’,

Restrictions on Sales, Storage, etc.—(a) No distributor or —

importing distributor shall purchase, receive or resell any: —

-malt or brewed beverages except in the- original. containers ~

as prepared for the market by the manufacturer at the place |

of manufacture. - | | ‘

. te . . ee

tributor, or in.any place provided for such purpose by such

municipality, the board may approve a place of cold storage

(e) (As added by Act 471 of October 23, 1959, P. |

No di € or importing i shall purchase, sell,

Section 442. Retail

, and Sales.—(a) No retail dispenser shall purchase

or receive any malt or brewed beverages except in original

Hit

g 75 g

-G

_ erages for consumption on the licensed premises except in a

* room or rooms .or place on the- licensed premises at all times

i accessible to the usé and accommodation of the general public,

4 but this section shall not be interpreted: to -prohibit.a retail

+ dispenser from selling malt or brewed beverages in a hotel-or

_ club house in any room of such hotel or club house occupied

_ by a.bona fide registered guest or member eatiiate to purchase

5 - the same.

(c)(As added by At. 183 of October 9, 1967, P.-L: ~-)-

this section any who is an

| For the purpose

i same state or national organization shall haVe ‘the same

+ tights and privileges as members of the particular club...’

} Section 443. Interlocking Business Prohibited. — (a)

- No manufacturer of malt or brewed beverages and no officer

4 I be a distributor, importing distributor or retail disperiser, or

~ an officer, director or stockholder or creditor of any distribu-

* tor, importing distributor ‘or retail dispenser, nor, except as

- hereinafter provided, be the owner, propfietor or lessor of any

_ place for which a license has been issued for any importing

* (b) Wo retail diepenecy shall oll any tend pee bev-

person

t club which is chartered by the’

or director of any such manufacturer, shall at the same time 5,

Interlocking

Business

retailer

distributor or.

; a property

so licensed

| distributor, distributor or retail dispenser, or for which a .

3 + hotel, Testaurant or club: liquor license has been issued.

‘(b) No distributor or importing distributor and no officer

_ or-director of any distributor or importing distributor shall

: ;

at the samie time be a manufacturer, a retail dispenser or a li

: E > liquor licensee, or be an officer, director, stockholder or

- creditor of a- manufacturer, .a retail dispenser or a ‘liquor

_ licensee, or, directly or indirectly, own any stock of, or have

' any financial interest in, or be t

_ of; any place covered by any ot

| or liquor license.

- (c) No licensee licensed ender this’ subdivisi

4 Article IV and no officer or director of such licensee shall,

3 » directly or indirectly, own any: stock of, or have any financial

_ interest in, any other class of business licensed tinder this

; subdivision. 8 ie BZ ahye * 3

5 (d) Excepting as hereinafter provided, no malt. or brewed

+ beverage manufacturer, importing distributor or distributor

» shall in any wise be’ interested, either directly gr indirectly,

i in the. ownership or leasehold of any property or in any mort-

~ gage against the same, for which a liquor or retail dispenser’ s

*) license is granted ; nor shall any such manufacturer, importing

- distributor or distributor, either ‘directly or indirectly, lend

any moneys, credit or equivalent thereof to, or guarantee the

7 any liquor licensee or retail dispenser, in equipping, fitting

) out, or maintaining and conducting, either in whole or in part,

malt or brewed beverages were packaged for market by the

- ne at the place of manufacture. --

, -

PP sey... P .

puree Pee

. / : .

Distributor

mag not be | ;

wer, proprietor or lessor .

r mak”or brewed beverage:

ion .(B)” “of :

4 payment ‘of any bond, mortgage, note or other obligation of,.

7 an establishment or business operated under a liquor or retail _

+ dispenser’s license, .excepting only. the usual and customary

credits allowed for returning original containers in which

mfgr. or retail

censee

- &

No interest _

any other class .

Mfgr. or.

distrib. may

not be inter- .

ested in retail

license

- Loans, ete.

’

' ae eat oe tee. (e) Excepting as hereinafter_ provided, no manufacturer of —

interested |

mortgage of

distrib., ete.

. any property or any mortgage lien against the same, for which J

_ a distributor's or importing distributor’s license is granted: ~

“in_this section’ 1 be construed té prohibit the ownership ~

. importing distributor pr retail dispenser after the manufac- ,

. turer has continuously-owned and had a conflicting’ interest —

. in such place fot a period of at least five years prior ‘to the &

. eighteenth day 8f July, one thousand nine hundred thirty-five.

“in this act and ‘any person manufacturing any malt or brewed | —

beverages outside of this SCommonwealth. : al

_ . ance with all‘ other provisions of this act, the board shall -

Hamer Code

malt or brewed beverages shall in any wise be interested, —

elther directly or indirectly,’in the ownerstfp or leasehold of

nor shall any such manufacturer, either directly o indirectly, — -

lend any moneys, credit, or their equivalent to, or guarantee»

the: payment of any bond, mortgage, note or other obligation

‘of, any distributor or importing distributor, in equipping,

fitting out, or maintaining and conducting, either in whole or 4

in part, an establishment or business’ where malt or brewed |

anbther licensee, or from any firm, association or \corporation, =

except banking instititions, in which another licensee or any _

officer, di

substantial interest. or’ exercises a control of i ; business ;

policy, for equipping, fitting out, payment of license\fee, main- —

\existing-economic conditions, nothing contained —

of property or conflicting interest by a malt or brewed bever-

The term “manufacturer” as used in this section shall in- —

clude manufacturers of malt or brewed. beverages as defined’.

Section 444. . Malt or Brewed. Beverages Manufactured 7

require each person desiring to sell any malt or brewed bever- 7

eve ee eee ee oo ee oe a eae Oe

See ae =. ae Se CU

;

ee wn Se: |

ab i: .

Te ee he ek

ibaa en Sih a A Re lath nastedte sab ben ES a teal

pom manufactured outside this Commonwealth to Pennsyl-

vania licensees, and shall reqpire each Pennsylvania licensee ,

who desires to purchase.and resell any such’ malt or brewed

beverages, to pay to the board the same fees as: are required.

to be paid by Pennsylvania licensees or by persons or' licensees *

in any state, territory or country outside of Pennsylvania who

“desires to sell malt or brewed beverages manufactured in

Pennsylvania. to licensees in such other state, tefritory or.

country of origin of such malt or brewed beverages not manv- °

factured in Penrisylvania, and to observe and comply with

the same regulations, prohibitions and restrictions as are

required of .or enforced against Pennsylvania licensees or

persons who desire to purctiase and reselb malt or brewed

beverages manufactured in Pennsylvania in such other state,

territory or country of origin. - :

_(b) ‘In all’ cases where the board shall have issued any

_regiprocal regulations’ or orders concerning malt or brewed -

beverages manufactured in’ any state, territory or country

ther than Pennsylvania, no Pennsylvania. licensee shall pur-

c any such malt or brewed beverages if their i

_ ‘has been prohibited, or if not entirely prohibited, unless such

_ ‘regulations or orders have been observed-and complied with

_,__by’ the Pennsylvania licensee’ ‘and by the person from or

through whom the Pennsylyania licensee desires.to purchase.

_ {c) Any malt or brewed beverages manufactured outside

of Pennsylvania which are sold, transported or possessed in

Pennsylvahia contrary to any such regulations or orders of ,

the board, or without the payment of the fees herein required,

shall be considered contraband and shall be confiscated by

the board and disposed of in the same manner as any other:

illegal liquor or rialt or-brewed beverages. :

‘ employe or rep tative of such manufacturer, within or |

' partly within on a

partly outside this Commonwealth, of any

violation of. this act or any laws of this Commonwealth

-* located, by registere¥ mail, a notice to shOw cause'why the —

_ further importation | into. this th of- malt.or~ ..

-brewed beverages manufactured by him $

: t ‘ .

hibited. :

. (e)a Upon such hearing, whether or not an a

- made ‘by such outside man

_vidlation has occyrred, the board is specifically empowered

and directed to immediately issu€ an order prohibiting the

_ importation of malt or brewed beverages manufactured by

_ Such manufacturer into this Commonwealth for a period of

. hot less than-six months nor more than three years. = 5”

(f) Notice of such board action shall be given immediately

(d) Upon learning of the commission by a manufacturer

relating to liquor, alcohol or malt or brewed beverages, or -

of any regulation.of the board adopted pursuant thereto, or °

of any violation of any laws of this Commonwealth or of the.

, if satisfied thaf any such

to such manufacturer and to all persons licensed to import ™etee

malt or brewed beverages within this’ Commonwealth by

eae

o .

= ER IN eee Ee Tree

Se Pee Pe

i Ca bi a

2.2

Appeal 7

- [lnnitation on ae

oo. Hoenses

Fehsnarseg!

“ BR & August 11, 1959, L. 670; Act 702**- of Decemibe

of liquor.and malt or brewed beveragés-in excess ‘of on

- Courses and hotels,as

ee (ae

prescribed by: this section, no new ‘license, except fa

' of this amendment shall not appl;

. fur the retail sale of liquor, ur the retail ‘sale of malt or brewed

(g), Any iaiailan: of such po rd gr order: ‘shall. be a

sents sar ry Sapp eager poop yor

at st : \. and Brewed Beverages. :

~ Section 461. * Limiting Number of Retail Lichtinee Tok.

‘fasped in Each Municipality. (a) (As amended by Act 22 |

_ 17, 1959; P.L:. 1932; Act.590 of Sep tember 16, 1961, P.L.

: 1337 and Act 95 of September 25, -1969,. P.L,/ } No |

tlicenses shall hereafter be Pi. by, che Botrd for deg

‘fetail sale of malt or brewed: beverages or the retail sak

"of such lcenses of any class for enh one chosaal

“hundred inhabitants in any municipality, exclusive of li

’ céfises“ granted ‘to ay orb restaurants, municipal gol

ined in this ‘section, and clubs: >

_ bur at least one such ‘license may be granted. in ead

Aamacipality . and : ‘in ‘each part: ‘of a municipality wher:

. separated by another maicipaliy, Freon dl in a

Ses on ‘any clas:

_/ Borwithstanding that thé‘ number of such’ licensed places

in a:municipality shall exceed the limitation becninbe fe 3

prescribed: but where such number exceeds ‘the limiratia

* Section 2 df Act 426 of December eae ee ee

vides “Trade show and convention licenses shall not be subjee

to* the hrovixions -« . Of section 461..." ,

* #* Act 702 ‘chan the quota” ‘Of licenses from “1 for ead

~ 1000 inhabitants or -fraction. thereof” to “1 for each 1,500

inhabitants.” Section 2 of. that act provides: “The provisiom™®:

-to applications for. license

berer: ze, - filed and pending prier to. the effective date of this

3mendment.” ill 3 a “This act shall take effect.

- a Pee ae sag a .

~ ‘hotels, municipal -golf courses and airport restaurants as '

| defined in this section, shall be granted so long as said

‘

is.

limitation is exceeded. _ nbn te ky . resi .

_{b) The hoard shall have the. power. to increase the num- "esert areas.

r-of licenses in any such municipality which in the opinion

. Of the board is located within a resort area. ar

~~ / (¢) Thé word “hotel” as used in this section shall mean* ' peasition

¢ i te

any rep&table place operated by a responsible person of good Hotel °

reputatibn where the public may, for a consideration, obtain

|sleeping accommodations, and which shall have the following

|number of bedrooms and ‘requirements in each case—at least

SBP Rs

ag ea a Sniglgtblc

ihn maha Nena Bidageté

wo EB ps

. | larly available to transient guests seven days weekly, except

“+. in resort areas ;-at least one‘third of such be shall be

-} equipped with hot and cold water, a lavatory, commode, bath-

of tub ar shower and’ a clothes ‘closet; and an -additional one-. €

s ') third of the total of such required rooms shall be equipped

. ; with lavatory and commode: aS so,

it (1) In. municipalities having a population of less than three

4 thousand, at least twelve permanent bedrooms for the use of | F

Be} (2) In municipalities having a population of three thousand

27 and more but Jess than ten thousand inhabitants, at least six-~ _

teen permanent bedrooms for the-use of guests. or

and more but Igss than twenty-five thousand inhabitants, at

least thirty permanent: bedrooms for the use of guests.

(4) In mumicipalities having a population of twenty-five

endl siete lout’ loon Gets coe tumdved hacen

habitants, at least forty permanent bedrooms for the use of

.. (5) In municipalities having a population of one hundred ‘

‘ thousand and more inhabitants, at least fifty permanent bed-

+ Tooms for the use of guests. =n PPO i ole

(6) 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 dining room or rooms,

in which food is. regularly prepared for the public. : Bedrooms —

__ (7) Each reom to be considered a bedroom under: the

requirements of this section shall have an area of not less

than eighty. square feet and an outside window. — *

Berrien Se ein (2 oat we st

. ta icenses granted prior to f rst daywof' Bins

one thousand nine hundred forty-nine; or that have been

pete Me ae OM ete: a oe be Sr

(d) (As added. by Act 220 of August. 11, 1959, P. L. 670 a.

and amended by’ Act 245 of June 19, 1961, P. L. 484) “Air. Wueert Sonea

oe Se

of 1939 must continue to meet the minimum uirements pre- -

ribed ‘Part If in this SP:

aaits Pape ee es

- such restaprant. facilities at any airport situated in a munic-.

- _ beverages is not pemnitted..

of the Governor,

‘nicipality during any period of emergency proclaimed to bh

- . hours prescribed in this act as the hours during which- liquor:

‘pality during such part of the year when daylight saving

_ time may -be observed generally in- such municipality.

| censed: Penalty.—(a) (.4s amended by Act 676 of S

‘ber 22, 1961, P. L. 1599): No license for the sale of

_to the proprietors, lessees, keepers or managers ‘of any thea

~ null and void. Nothing containéd in this section shall be com

. liquor license to th® owner or operator of a restaurant 1@

-.Commonwealth and used priicipaily by such corporati

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