47 Pa. Stat. § 4-416

Current through P.A. Acts 2023-32
Section 4-416 - Casino liquor license.
(a) Notwithstanding any provision of law or regulation, a slot machine licensee or an affiliated designee holding a restaurant liquor or eating place retail dispenser license and which sells liquor or malt or brewed beverages at or adjacent to a gaming facility under this act may apply to the board for a casino liquor license. The board may issue a casino liquor license to a slot machine licensee for use at the casino liquor licensee's licensed facility in accordance with this section.
(b) Each application for a casino license under this section shall be accompanied by a fee of one million dollars ($1,000,000).
(b.1) Each restaurant licensee that does not hold a slot machine license but operates within or adjacent to the gaming facility must pay a one-time fee of ten thousand dollars ($10,000).
(c) The following shall apply to renewals:
(1) A casino liquor license must be renewed on an annual basis.
(2) For the first four years after the initial issue of the casino liquor license, the casino liquor license shall be subject to an annual renewal fee of one million dollars ($1,000,000).
(3) After the period under paragraph (2), the casino liquor license shall be subject to an annual renewal fee of two hundred and fifty thousand dollars ($250,000).
(4) Notwithstanding the provisions of section 802, all fees collected or received by the board under this subsection shall be paid into the State Treasury through the Department of Revenue for deposit into the General Fund.
(d) The following shall apply to disposition of restaurant liquor or eating place retail dispenser licenses:
(1) An applicant under this section that currently holds a restaurant liquor or eating place retail dispenser license may continue to utilize the license until the casino liquor license is issued by the board. Upon issuance of a casino liquor license, the applicant must surrender the restaurant liquor or eating place retail dispenser license to the board.
(2) An applicant under this section that currently holds a restaurant liquor or eating place retail dispenser license that is subject to the quota restrictions under section 461(a) may continue to utilize that license until the casino liquor license is issued by the board. Upon issuance of a casino liquor license, the applicant may sell the restaurant liquor or eating place retail dispenser license.
(e) Notwithstanding any other provision of law, a holder of a casino liquor license may sell or serve liquor and malt or brewed beverages twenty-four (24) hours a day, seven (7) days a week.
(f) A casino liquor license shall be nontransferable, except that nothing in this subsection shall preclude a transfer of ownership of a casino liquor license to another eligible person to be used at the same licensed facility.
(g) A casino liquor license shall expire under the following circumstances:
(1) Revocation by an administrative law judge under section 471;
(2) Nonrenewal by the board under section 470;
(3) Nonrenewal of the license by a slot machine licensee or its designee; or
(4) Upon request by the slot machine licensee.
(h) The board may issue a casino liquorh license at any time to a new applicant even if the previous license had:
(1) Been revoked by an administrative law judge under section 471;
(2) Not been renewed by the board under section 470;
(3) Not been renewed by the slot machine licensee; or
(4) Expired upon request by the slot machine licensee.
(i) In addition to any other restrictions and privileges, a casino liquor license shall be subject to the following:
(1) Sales may be made at any time the facility is open to the public.
(2) Liquor or malt or brewed beverages may be transported and consumed off the gaming floor if the liquor or malt or brewed beverage remains within the premises of the licensed facility.
(3) Sales of malt or brewed beverages for off-premises consumption are prohibited.
(4) In addition to the provisions of section 493 (24)(ii), the holder of a casino liquor license may give liquor and malt or brewed beverages free of charge to any person attending an invitation-only event held anywhere on the premises of the licensed facility.
(5) Licenses issued under this section shall not be subject to:
(i) the proximity provisions of sections 402 and 404;
(ii) the restrictions on discount pricing practices set forth in sections 406(g)and 442(g);
(iii) the quota restrictions under section 461;
(iv) the provisions of section 493(10);
(v) the prohibition against minors frequenting as described in section 493(14);
(vi) the cost and total display area limitations of section 493 (20)(i);
(vii) The restrictions on events, tournaments or contests in 40 Pa. Code § 5.32 (relating to restrictions/exceptions) or any successor regulation; and
(viii) The restrictions on the awarding of trophies, prizes or premiums set forth in 40 Pa. Code section 5.32 or any successor regulation.
(j) More than one casino liquor license issued by the board may be in effect at a licensed facility at any one time, except that no more than one casino liquor license shall be in effect at a specific location within the premises of a licensed facility at the same time.

47 P.S. § 4-416

Added by P.L. TBD 2016 No. 39, § 8.1, eff. 8/7/2016.