Pennsylvania HB 559: An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in ethics standards and financial disclosure, further providing for definitions.

Bill Text

PRIOR PRINTER'S NO. 563 PRINTER'S NO. 1697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 559
Session of
2025
INTRODUCED BY ISAACSON, CEPEDA-FREYTIZ, GIRAL, GREEN, HILL-
EVANS, HOHENSTEIN, OTTEN AND SANCHEZ, FEBRUARY 12, 2025
AS REPORTED FROM COMMITTEE ON LIQUOR CONTROL, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 13, 2025
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
act relating to alcoholic liquors, alcohol and malt and
brewed beverages; amending, revising, consolidating and
changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," in
preliminary provisions, further providing for definitions;
and, in licenses and regulations and liquor, alcohol and malt
and brewed beverages, further providing for license
districts, license period and hearings, for issuance,
transfer or extension of hotel, restaurant and club liquor
licenses, for malt and brewed beverages manufacturers',
distributors' and importing distributors' licenses and for
malt and brewed beverages retail licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding a
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definition to read:
Section 102. Definitions.--The following words or phrases,
unless the context clearly indicates otherwise, shall have the
meanings ascribed to them in this section:
* * *
"Previously unlicensed location" shall mean a location that:
(1) has never held a retail liquor license, importing
distributor license or distributor license; or
(2) previously held a retail liquor license, importing
distributor license or distributor license which was not used
for a subsequent non-license-related purpose for a period of at
least three years. LOCATION:
(1) AT WHICH A RESTAURANT, HOTEL, CLUB, RETAIL DISPENSER,
IMPORTING DISTRIBUTOR OR DISTRIBUTOR LICENSE HAS NEVER BEEN
ISSUED; OR
(2) AT WHICH A RESTAURANT, HOTEL, CLUB, RETAIL DISPENSER,
IMPORTING DISTRIBUTOR OR DISTRIBUTOR LICENSE HAS NOT BEEN USED
WITHIN THE PREVIOUS THREE YEARS PRECEDING THE APPLICATION.
* * *
Section 2. Sections 402(a) and (b), 404(a), 431(b) and
432(d) and (e) of the act are amended to read:
Section 402. License Districts; License Period; Hearings.--
(a) The board shall hold hearings on applications for licenses
and renewals thereof, as it deems necessary, at such times as it
shall fix for the purpose of hearing testimony for and against
applications for new licenses and renewals thereof. The board
shall hold a hearing on any application for a new hotel, club or
restaurant liquor license or the transfer of any such license to
a [new] previously unlicensed location, upon the request of any
person with standing to testify under subsection (b) if the
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request is filed with the board within the first fifteen days of
posting of the notice of application pursuant to section 403(g).
The board may provide for the holding of such hearings by
hearing examiners learned in the law, to be appointed by the
Governor, who shall not be subject to the act of August 5, 1941
(P.L.752, No.286), known as the "Civil Service Act." Such
hearing examiners shall make a report to the board in each case
with their recommendations. The board may fix the license period
for each separate license so that the expiration dates shall be
staggered as to the State.
(b) Where a hearing is held in the case of an application
for a new hotel, club or restaurant liquor license or an
application for the transfer of a hotel, club or restaurant
liquor license to a [new] previously unlicensed location, the
board shall permit residents residing within a radius of five
hundred feet of the premises to testify at the hearing. The
board and any hearing examiner thereof shall give appropriate
evidentiary weight to any testimony of such residents given at
the hearing.
* * *
Section 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 manageme