47 Pa. Stat. § 4-404

Current through P.A. Acts 2023-32
Section 4-404 - Issuance, transfer or extension of hotel, restaurant and club liquor licenses
(a)

Upon receipt of the application and the proper fees, and upon being satisfied of the truth of the statements in the application that the applicant and management company or companies, if any, are the only persons in any manner pecuniarily interested in the business so asked to be licensed and that no other person will be in any manner pecuniarily interested therein during the continuance of the license, except as hereinafter permitted, and that the applicant is a person of good repute, that the premises applied for meet all the requirements of this act and the regulations of the board, 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 hotel or restaurant, grant and issue to the applicant a liquor license, and in the case of a club may, in its discretion, issue or refuse a license: Provided, however, That in the case of any new license or the transfer of any license to a new location or the extension of an existing license to cover an additional area the board may, in its discretion, grant or refuse such new license, transfer or extension if such place proposed to be licensed is within three hundred feet of any church, hospital, charitable institution, school, or public playground, or if such new license, transfer or extension is applied for a place which is within two hundred feet of any other premises which is licensed by the board: And provided further, That the board's authority to refuse to grant a license because of its proximity to a church, hospital, charitable institution, public playground or other licensed premises shall not be applicable to license applications submitted for public venues or performing arts facilities: And provided further, That the board shall refuse any application for a new license, the transfer of any license to a new location or the extension of an existing license to cover an additional area if, in the board's opinion, such new license, transfer or extension would be detrimental to the welfare, health, peace and morals of the inhabitants of the neighborhood within a radius of five hundred feet of the place proposed to be licensed: 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 corporation, or any member or partner of such partnership or association shall have been convicted or found guilty of a felony within a period of five years immediately preceding the date of application for the said license. The board may enter into an agreement with the applicant concerning additional restrictions on the license in question. If the board and the applicant enter into such an agreement, such agreement shall be binding on the applicant. Failure by the applicant to adhere to the agreement will be sufficient cause to form the basis for a citation under section 471 and for the nonrenewal of the license under section 470. If the board enters into an agreement with an applicant concerning additional restrictions, those restrictions shall be binding on subsequent holders of the license until the license is transferred to a new location or until the board enters into a subsequent agreement removing those restrictions. If the application in question involves a location previously licensed by the board, then any restrictions imposed by the board on the previous license at that location shall be binding on the applicant unless the board enters into a new agreement rescinding those restrictions. The board may, in its discretion, refuse an application for an economic development license under section 461(b.1) or an application for an intermunicipal transfer of a license if the board receives a protest from the governing body of the receiving municipality. The receiving municipality of an intermunicipal transfer or an economic development license under section 461(b.1) may file a protest against the transfer of a license into its municipality, and the receiving municipality shall have standing in a hearing to present testimony in support of or against the issuance or transfer of a license. Upon any opening in any quota, an application for a new license shall only be filed with the board for a period of six months following said opening.

(b) If the applicant intends to use a management company to operate, manage or supervise all or part of the operation of the licensed premises, the licensee must file a written application with the board on a form or forms as the board shall, from time to time prescribe. The application shall be accompanied by a fee in an amount determined by the board. The board shall refuse the application if the management company or any person involved with the management company would be precluded from holding an interest in the underlying license.

47 P.S. § 4-404

Amended by P.L. TBD 2020 No. 29, § 1, eff. 8/4/2020.
Amended by P.L. TBD 2016 No. 39, § 4, eff. 8/7/2016.
1951, April 12, P.L. 90, art. IV, § 404. Amended 1959, Aug. 25, P.L. 746, § 1; 1959, Nov. 19, P.L. 1550, § 1; 1961, July 10, P.L. 554, § 1; 1961, Sept. 21, P.L. 1579, § 1; 1967, Oct. 9, P.L. 394, No. 178, § 1; 1971, Sept. 2, P.L. 429, No. 103, § 1. Reenacted and amended 1987, June 29, P.L. 32, No. 14, § 25, effective 7/1/1987. Amended 1994, April 29, P.L. 212, No. 30, § 4, effective in 60 days; 1994, Oct. 5, P.L. 522, No. 77, § 2, effective in 30 days; 1998, Dec. 21, P.L. 1202, No. 155, § 2, imd. effective; 2000, Dec. 20, P.L. 992, No. 141, § 4, effective in 60 days; 2002, Dec. 9, P.L. 1653, No. 212, § 5, effective in 60 days; 2006, Jan. 6, P.L. 1, No. 1, § 2, imd. effective.