# Appendix — Moose Lodge No. 107 v. Irvis > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0037%3A03 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1972 - **Citation:** 407 U.S. 163 ## Text © . oN VAL | 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.’’. . e . . 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 2 | 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 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 A8 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 a 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. 4 ' 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). 7 ° 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 A . . 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. ve * 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, , i 5: E. 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. > : ; . * e 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, -, oo f. \ , . . ‘ ‘ Lo. . . . 4 . / e ‘ . . Pe = . ' . \ . “ ie ° - . . ° . « - - . . o ~~ . . . . ° . . - . ¢ = — 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, v. 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 oa tw 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. © . 4 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; @ Section’ 209. PPIs 66S ie se Le Section . Section 101. 102. 103. 104. Section Section 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 Section 207.. Section 208. Q 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 ‘Section aceite 464/ 465. 466. 473. Section 474, (C1) - Section . Section Section Section Section Section Section Section Section Section Section Section ’ Section Section -. Section 480. 41. as 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. (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 Be ea CRAY a, Section 701. Section 702. Section 703. | Section: 704. ° Section 705. ; wi a ° oe Ag ES ‘ . wv e Be 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: 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): (C) Permittees’ Registered Agents. - > 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 -".—~ — nn P Gabeeeees \ s ° « 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 | | i : 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 ‘” “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 hy i set e 3 ® +H EEE 5 Gy fest ate te ; ; 8 af ag | 1H t ens y : e GH Hi 4 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 ah i i i HEE a c. : a E [ea ly Es E 3 ® i I i £ af ie thr FRE i correc Rag establish its. own indemity | require nT i ti i 7 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 li 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..° .- e é , 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 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. ea 18 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 . & ‘ ‘ 20 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 ad 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. th wii 5 ;ta ait mK i 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 Ly _ 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 | yo 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. (c) If the applicant is a corporation, the application must _ 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 EA 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 se ~_ ‘ 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 (c) Ail license fees authorized under this section shall ‘be' .- 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 ur , ‘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 | f | 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 fl ” 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 bY 2 E Be B f i zi H Fs i if Pao Hi 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, Fe Be am f 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 ee city of the first or .second class, when registered electors in the city of the first or ae th : 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 n 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. (c) Every applicant for a public service liquor license _ 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 an 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...” bp ° 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). | (c) Upon receipt of the application in proper form and 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. (c) If the applicant. is a natural person, his application 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 8 31. Application a) Citizenship « een se 3% § i i Z a SS bel ui jaro. B ” a Applicatica (b). (As amended by Act 702 of Se ae ih epte 1728) *Every applicant for an importer’s li “I em tie tote prescribe, whch sk License feo — $100 ul aah ts 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 ae 7 us . 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 33 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 hotel, restaurant or club licensee, or any officer, director,, © — . 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- or ~ 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 ‘ © Jere ee = S Satan t fs = wi ig ahh canines Lisinasli 4 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° * 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 { respect to stockholder requirements apply. to Corporatic: © 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: (c) (As amended by Ac . 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 | e 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 f - © have taken place during the license term of. that district for . «|. 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 ~ al ‘ * 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 x i. 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 We ‘on a "+ 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. os = igi 2 ‘. 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 hundred dollars ($100) and a surety bond in the amour © 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 - ae os ab oo Loe © a a a ee a j i , 4 t f ¢ 4 SS 7 fT’ se FAA KE Se fF FF | 4 OF & «F 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 SR - 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 ti ema cM Re La SOA heal chalk aa Sat . . - i tioy ve . . - elub li 44 ”- 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. y 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- ‘ withstanding that. the number of such licensed places in the © 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 -distributor’s or importing distributor’s license. © _ + - a 4 ’ (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 1 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 i) 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. *y ’ / ' 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 | beverages are licensed for sale-by a distributor or importing © 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- age manufacturer \of any place occupied “by a distributor, © 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 Outside This Commonwealth.—(a) In addition to compli-. © - require each person desiring to sell any malt or brewed bever- 7 a 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 t 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, withi [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0037%3A03. Public record. Not legal advice.