SB 21 — An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions; in Pennsylvania Liquor Control Board, further providing for Office of Administrative Law Judge; in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for hearings upon refusal of licenses, renewals or transfers and appeals, for renewal of licenses and temporary provisions for licensees in armed service, providing for failure to maintain minimum requirements for licensure and further providing for revocation and suspension of licenses and fines, for applicants to provide State tax identification numbers and statement of State tax status, waiver of confidentiality of information in the possession of the Department of Revenue and other departments and review of State tax status and for rights of municipalities preserved; in distilleries, wineries, bonded warehouses, bailees for hire and transporters for hire, further providing for appeals; and imposing penalties.

PRINTER'S NO.   689

                  THE GENERAL ASSEMBLY OF PENNSYLVANIA



                      SENATE BILL
                      No. 21
                                             Session of
                                               2025

     INTRODUCED BY A. WILLIAMS, FARRY, STREET, COSTA, BOSCOLA, SAVAL,
        SANTARSIERO, KEARNEY AND FONTANA, APRIL 28, 2025

     REFERRED TO LAW AND JUSTICE, APRIL 28, 2025


                                  AN ACT
 1   Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
 2      act relating to alcoholic liquors, alcohol and malt and
 3      brewed beverages; amending, revising, consolidating and
 4      changing the laws relating thereto; regulating and
 5      restricting the manufacture, purchase, sale, possession,
 6      consumption, importation, transportation, furnishing, holding
 7      in bond, holding in storage, traffic in and use of alcoholic
 8      liquors, alcohol and malt and brewed beverages and the
 9      persons engaged or employed therein; defining the powers and
10      duties of the Pennsylvania Liquor Control Board; providing
11      for the establishment and operation of State liquor stores,
12      for the payment of certain license fees to the respective
13      municipalities and townships, for the abatement of certain
14      nuisances and, in certain cases, for search and seizure
15      without warrant; prescribing penalties and forfeitures;
16      providing for local option, and repealing existing laws," in
17      preliminary provisions, further providing for definitions; in
18      Pennsylvania Liquor Control Board, further providing for
19      Office of Administrative Law Judge; in licenses and
20      regulations and liquor, alcohol and malt and brewed
21      beverages, further providing for hearings upon refusal of
22      licenses, renewals or transfers and appeals, for renewal of
23      licenses and temporary provisions for licensees in armed
24      service, providing for failure to maintain minimum
25      requirements for licensure and further providing for
26      revocation and suspension of licenses and fines, for
27      applicants to provide State tax identification numbers and
28      statement of State tax status, waiver of confidentiality of
29      information in the possession of the Department of Revenue
30      and other departments and review of State tax status and for
31      rights of municipalities preserved; in distilleries,
32      wineries, bonded warehouses, bailees for hire and
33      transporters for hire, further providing for appeals; and
34      imposing penalties.
 1      The General Assembly of the Commonwealth of Pennsylvania
 2   hereby enacts as follows:
 3      Section 1.   The definitions of "eating place," "hotel" and
 4   "restaurant" in section 102 of the act of April 12, 1951
 5   (P.L.90, No.21), known as the Liquor Code, are amended and the
 6   section is amended by adding a definition to read:
 7      Section 102.   Definitions.--The following words or phrases,
 8   unless the context clearly indicates otherwise, shall have the
 9   meanings ascribed to them in this section:
10      * * *
11      "Eating place" shall mean a premise where substantial food
12   [is] offerings sufficient to constitute a meal are regularly and
13   customarily prepared on premises or procured from a third party
14   and sold, having a total area of not less than three hundred
15   square feet available to the public in one or more rooms, other
16   than living quarters, and equipped with tables and chairs,
17   including bar seats, accommodating thirty persons at one time
18   which must be accessible and available for use during any hour
19   alcoholic beverages are served. The board shall, by regulation,
20   set forth what constitutes tables and chairs sufficient to
21   accommodate thirty persons at one time.
22      * * *
23      "Hotel" shall mean any reputable place operated by
24   responsible persons of good reputation where the public may, for
25   a consideration, obtain sleeping accommodations and meals and
26   which, in a city, has at least ten, and in any other place at
27   least six, permanent bedrooms for the use of guests, a public
28   dining room or rooms operated by the same management
29   accommodating at least thirty persons at one time, and a
30   kitchen, apart from the public dining room or rooms, in which

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 1   [food is] substantial food offerings sufficient to constitute a
 2   meal are regularly prepared for the public.
 3      * * *
 4      "Restaurant" shall mean a reputable place operated by
 5   responsible persons of good reputation and habitually and
 6   principally used for the purpose of providing substantial food
 7   offerings sufficient to constitute a meal, prepared on premises
 8   or procured off-premises from a third party, for the public, the
 9   place to have an area within a building of not less than four
10   hundred square feet, equipped with tables and chairs, including
11   bar seats, accommodating at least thirty persons at one time
12   which must be accessible and available for use during any hour
13   alcoholic beverages are served. The board shall, by regulation,
14   set forth what constitutes tables and chairs sufficient to
15   accommodate thirty persons at one time.
16      * * *
17      "Substantial food offerings sufficient to constitute a meal"
18   shall mean two or more entrée options and at least two or more
19   side options set forth on a printed menu and made readily
20   available for selection and purchase by at least thirty persons
21   at any one time whenever alcoholic beverages are actively being
22   served, or compliance with any minimum food requirements imposed
23   by other State or local licensing authorities in order to obtain
24   a health or food permit. An entrée may consist of a wide variety
25   of food items but may not consist solely of sealed prepacked
26   food items.
27      * * *
28      Section 2.   Sections 212(h), 464 and 470(a)(1) of the act are
29   amended to read:
30      Section 212.    Office of Administrative Law Judge.--* * *

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 1      (h)   The board [shall select five] may select and contract
 2   with up to seven hearing examiners [from the complement of
 3   hearing examiners], who have been appointed by the Governor [and
 4   who are employed by the board on the effective date of this
 5   subsection], to conduct the licensing hearings required by this
 6   act. The selection of the [five] hearing examiners shall be at
 7   the board's discretion.
 8      * * *
 9      Section 464.   Hearings Upon Refusal of Licenses, Renewals or
10   Transfers; Appeals.--The board may of its own motion, and shall
11   upon the written request of any applicant for club, hotel or
12   restaurant liquor license, or any applicant for any malt or
13   brewed beverage license other than a public service license, or
14   for renewal or transfer thereof, or for the renewal of an
15   amusement permit, whose application for such license, renewal or
16   transfer, or the renewal of an amusement permit, has been
17   refused, fix a time and place for hearing of such application
18   for license or for renewal or transfer thereof, or the renewal
19   of an amusement permit, notice of which hearing shall be mailed
20   to the applicant at the address given in his application. Such
21   hearing shall be before a hearing examiner designated by the
22   board. At such hearing, the board shall present its reasons for
23   its refusal or withholding of license, renewal or transfer
24   thereof, or its refusal for renewal of an amusement permit. The
25   applicant may appear in person or by counsel, may cross-examine
26   the witnesses for the board and may present evidence which shall
27   likewise be subject to cross-examination by the board. Such
28   hearing shall be stenographically recorded. The hearing examiner
29   shall thereafter report, with the examiner's recommendation, to
30   the board in each case. The board shall thereupon grant or

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 1   refuse the license, renewal or transfer thereof or the renewal
 2   of an amusement permit. In considering the renewal of a license
 3   or amusement permit, the board shall not refuse any such renewal
 4   on the basis of the propriety of the original issuance or any
 5   prior renewal of such license or amusement permit. If the board
 6   shall refuse such license, renewal or transfer or the renewal of
 7   an amusement permit, following such hearing, notice in writing
 8   of such refusal shall be mailed to the applicant at the address
 9   given in his application. In all such cases, the board shall
10   file of record at least a brief statement in the form of an
11   opinion of the reasons for the ruling or order and furnish a
12   copy thereof to the applicant. Any applicant who has appeared at
13   any hearing, as above provided, who is aggrieved by the refusal
14   of the board to issue any such license or to renew or transfer
15   any such license or to issue or renew any amusement permit may
16   appeal, or any church, hospital, charitable institution, school
17   or public playground located within three hundred feet of the
18   premises applied for, aggrieved by the action of the board in
19   granting the issuance of any such license or the transfer of any
20   such license, may take an appeal limited to the question of such
21   grievance, within [twenty] thirty days from date of refusal or
22   grant, to the [court of common pleas of the county in which the
23   premises or permit applied for is located.] Commonwealth Court
24   in accordance with 42 Pa.C.S. § 763(a)(2) (relating to direct
25   appeals from government agencies), which shall apply an
26   appellate standard of review. The appeal shall be based solely
27   on the record before the board and the decision of the board.
28   If the application is for an economic development license under
29   section 461(b.1) or the intermunicipal transfer of a license,
30   the governing body of the municipality receiving the new license

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 1   or the transferred license may file an appeal of the board
 2   decision granting the license, within [twenty] thirty days of
 3   the date of the board's decision, to the [court of common pleas
 4   of the county in which the proposed premises is located. Such
 5   appeal shall be upon petition of the aggrieved party, who shall
 6   serve a copy thereof upon the board, whereupon a hearing shall
 7   be held upon the petition by the court upon ten days' notice to
 8   the board. The said appeal shall act as a supersedeas unless
 9   upon sufficient cause shown the court shall determine otherwise.
10   The court shall hear the application de novo on questions of
11   fact, administrative discretion and such other matters as are
12   involved, at such time as it shall fix, of which notice shall be
13   given to the board.] Commonwealth Court in accordance with 42
14   Pa.C.S. § 763(a)(2), which shall apply an appellate standard of
15   review. The appeal shall be based solely on the record before
16   the board and the decision of the board. The court shall either
17   [sustain or over-rule] affirm or reverse the action of the board
18   [and either order or deny the issuance of a new license or the
19   renewal or transfer of the license or the renewal of an
20   amusement permit to the applicant]. The court, within its
21   discretion, may also remand the matter to the board for purposes
22   of accepting additional evidence or taking further action
23   necessary to conduct appropriate appellate review.
24      Section 470.   Renewal of Licenses; Temporary Provisions for
25   Licensees in Armed Service.--(a)      (1)   All applications for
26   validation or renewal of licenses under the provisions of this
27   article shall be filed at least sixty days before the expiration
28   date of same, along with tax clearance from the Department of
29   Revenue [and], the Department of Labor and Industry and any
30   applicable local tax authority, the requisite license and filing

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 1   fees, and, except as provided under paragraph (2), shall include
 2   an application surcharge of seven hundred dollars ($700.00):
 3   Provided, however, That the board, in its discretion, may accept
 4   nunc pro tunc a renewal application filed less than sixty days
 5   before the expiration date of the license with the required
 6   fees, upon reasonable cause shown and the payment of an
 7   additional filing fee of one hundred dollars ($100.00) for late
 8   filing: And provided further, That except where the failure to
 9   file a renewal application on or before the expiration date has
10   created a license quota vacancy after said expiration date which
11   has been filled by the issuance of a new license, after such
12   expiration date, but before the board has received a renewal
13   application nunc pro tunc within the time prescribed herein the
14   board, in its discretion, may, after hearing, accept a renewal
15   application filed within two years after the expiration date of
16   the license with the required fees upon the payment of an
17   additional filing fee of two hundred fifty dollars ($250.00) for
18   late filing. Where any such renewal application is filed less
19   than sixty days before the expiration date, or subsequent to the
20   expiration date, no license shall issue upon the filing of the
21   renewal application until the matter is finally determined by
22   the board and if an appeal is taken from the board's action the
23   courts shall not order the issuance of the renewal license until
24   final determination of the matter by the courts. The board may
25   enter into an agreement with the applicant concerning additional
26   restrictions on the license in question. If the board and the
27   applicant enter into such an agreement, such agreement shall be
28   binding on the applicant. Failure by the applicant to adhere to
29   the agreement will be sufficient cause to form the basis for a
30   citation under section 471 and for the nonrenewal of the license

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 1   under this section. A renewal application will not be considered
 2   filed unless accompanied by the requisite filing and license
 3   fees and any additional filing fee required by this section.
 4   Unless the board shall have given ten days' previous notice to
 5   the applicant of objections to the renewal of his license, based
 6   upon violation by the licensee or his servants, agents or
 7   employes of any of the laws of the Commonwealth or regulations
 8   of the board relating to the manufacture, transportation, use,
 9   storage, importation, possession or sale of liquors, alcohol or
10   malt or brewed beverages, or the conduct of a licensed
11   establishment, or unless the applicant has by his own act become
12   a person of ill repute, or unless the premises do not meet the
13   requirements of this act or the regulations of the board, the
14   license of a licensee shall be renewed. Notwithstanding any
15   other provision of this act, a noise violation shall not be the
16   sole basis for objection by the board to the renewal of a
17   license unless the licensee has received three prior adjudicated
18   noise citations within a twenty-four-month period.
19      * * *
20      Section 3.     The act is amended by adding a section to read:
21      Section 470.4.    Failure to Maintain Minimum Requirements for
22   Licensure.--(a)    A licensee shall at all times maintain the
23   minimum requirements to be eligible to hold and operate under a
24   respective license to sell alcoholic beverages at the licensee's
25   designated premises, including, but not limited to, maintaining
26   sufficient seating, square footage, food, rooms and applicable
27   health and sanitation permits.
28      (b)   The Bureau of Licensing shall be authorized to conduct
29   inspections to assess whether licensees are maintaining the
30   minimum requirements for licensure after being issued a license

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 1   to sell alcoholic beverages. Inspections may be conducted in
 2   response to complaints made by the public, on the initiative of
 3   the Bureau of Licensing or upon notification by the enforcement
 4   bureau or a county or municipal public health and safety
 5   official as to a potential deficiency. If the Bureau of
 6   Licensing, at any time after the issuance of a license,
 7   determines through reasonable inspection that a licensee no
 8   longer meets the minimum requirements of this act or board
 9   regulation to be eligible to hold and operate a license to sell
10   alcoholic beverages, the Bureau of Licensing shall
11   administratively suspend the license for a period of at least
12   ten (10) days pending the outcome of an administrative hearing,
13   which may result in the imposition of further penalties. The
14   Bureau of Licensing shall notify a licensee of the
15   administrative suspension by issuing a notice of deficiency
16   letter in-person or mailed via United States mail to the
17   licensee at the licensed premises.
18      (c)   Following issuance of a notice of deficiency letter
19   under subsection (b), the matter shall be promptly scheduled for
20   an administrative hearing before a board hearing examiner within
21   ten (10) days of issuance of the notice under subsection (b).
22   The Bureau of Licensing shall have the burden of presenting
23   evidence to support administratively suspending the license.
24   Upon an initial showing of administrative suspension, the burden
25   shall shift to the licensee who shall demonstrate that the
26   licensee has remedied the issue and will make a good faith
27   effort to satisfy minimum requirements in the future. The
28   licensee may appear in person or by counsel, may cross-examine
29   the witnesses for the Bureau of Licensing and may present
30   witnesses and evidence on behalf of the licensee. The hearing

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 1   shall be stenographically recorded and the hearing examiner
 2   shall prepare an expedited report, with the examiner's
 3   recommendation, for the board to consider in each case. The
 4   board shall render a decision as to the appropriate final
 5   penalty to be imposed. For the first substantiated occurrence of
 6   failing to maintain the minimum requirements for licensure, the
 7   board shall impose a fine of two thousand dollars ($2,000) and a
 8   suspension of at least thirty (30) days. For a second
 9   substantiated occurrence of failure to maintain the minimum
10   requirements for licensure within a twelve-month period, the
11   board shall impose a fine of four thousand dollars ($4,000) and
12   either further suspend for a period of sixty (60) days or
13   permanently revoke the license. The licensee may file an appeal
14   of the board's decision within thirty (30) days to Commonwealth
15   Court in accordance with 42 Pa.C.S. § 763(a)(2) (relating to
16   direct appeals from government agencies), which shall apply an
17   appellate standard of review.
18      (d)   If a notice of deficiency letter has been issued under
19   subsection (b), the licensee may elect to waive the right to a
20   hearing under subsection (c) and obtain immediate authority to
21   operate by demonstrating that any issues of noncompliance have
22   been corrected, paying a fine of two thousand dollars ($2,000)
23   and entering into a conditional licensing agreement requiring
24   the licensee to immediately place the licensee's license into
25   safekeeping to be transferred to a bona fide third-party
26   purchaser if the licensee fails to maintain the minimum
27   requirements for licensure for a second time within twelve
28   months. The conditional licensing agreement under this
29   subsection, if not violated, shall automatically expire twelve
30   months from the date of execution. The waiver process set forth

20250SB0021PN0689                    - 10 -
 1   in this subsection shall not apply in situations where a
 2   licensee's license has been administratively suspended by the
 3   Bureau of Licensing for a second time within the same twelve-
 4   month period.
 5         (e)   Proceedings involving compliance issues under this
 6   section shall take priority over citation proceedings for the
 7   same occurrences brought by the enforcement bureau pursuant to
 8   section 471.
 9         (f)   This section shall not apply to other violations of this
10   act, regulations of the board or questions as to the continued
11   fitness of a licensee which are currently addressed through the
12   citation process under section 471 or the board's nonrenewal
13   process under section 470(a.1).
14         (g)   In addition to the enforcement powers and duties under
15   section 211, the enforcement bureau shall establish an
16   inspection schedule which provides for the routine inspection of
17   any licensee whose license has been administratively suspended
18   under subsection (b) but who has subsequently regained operating
19   authority. Routine inspections shall continue for a period of
20   twelve months following the most recent administrative
21   suspension period under subjection (b), but shall not be
22   required in situations where the license has been revoked by the
23   board under subsection (c) or while the license is in
24   safekeeping because of a violation of a conditional licensing
25   agreement as provided for in subsection (d).
26         Section 4.     Section 471(a) and (b) of the act are amended and
27   the section is amended by adding a subsection to read:
28         Section 471.    Revocation and Suspension of Licenses; Fines.--
29   (a)    Upon learning of any violation of this act or any laws of
30   this Commonwealth relating to liquor, alcohol or malt or brewed

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 1   beverages, or of any regulations of the board adopted pursuant
 2   to such laws, or any violation of any laws of this Commonwealth
 3   or of the Federal Government relating to the payment of taxes on
 4   liquor, alcohol or malt or brewed beverages by any licensee
 5   within the scope of this article, his officers, servants, agents
 6   or employes, or upon any other sufficient cause shown, the
 7   enforcement bureau may, within one year from the date of such
 8   violation or cause appearing, [cite] issue a citation to such
 9   licensee to appear before an administrative law judge, [not less
10   than ten nor more than sixty days from the date of sending such
11   licensee, by registered mail, a notice addressed to him at his
12   licensed premises,] by registered mail addressed to the licensee
13   at the licensed premises or by in-person service made to the
14   licensee's board-approved manager, officer or owner at the
15   licensed premises, to show cause why such license should not be
16   suspended or revoked or a fine imposed, or both. The bureau
17   shall also send a copy of the hearing notice to the municipality
18   in which the premises is located.
19      (b)   Hearing on such citations shall be [held in the same
20   manner as provided herein for hearings on applications for
21   license.] before an administrative law judge in accordance with
22   section 212. The hearings shall be scheduled not less than ten
23   nor more than sixty days from the date a citation is issued.
24   Continuance requests may be considered and granted by an
25   administrative law judge upon reasonable cause being shown by
26   the requesting party. If a continuance request is granted, the
27   matter shall be rescheduled as soon as reasonably practicable
28   for the parties and administrative law judge. Once a hearing has
29   been held, the administrative law judge shall issue an
30   adjudication and order no later than six months after the date

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 1   of the hearing. Upon such hearing, if satisfied that any such
 2   violation has occurred or for other sufficient cause, the
 3   administrative law judge shall immediately suspend or revoke the
 4   license, or impose a fine of not less than [fifty dollars ($50)
 5   nor more than one thousand dollars ($1,000),] two hundred fifty
 6   dollars ($250) nor more than two thousand dollars ($2,000), or
 7   both, notifying the licensee by registered letter addressed to
 8   his licensed premises. If the licensee has been cited and found
 9   to have violated section 493(1) insofar as it relates to sales
10   to minors or sales to a visibly intoxicated person, section
11   493(10) insofar as it relates to lewd, immoral or improper
12   entertainment or section 493(14), (16) or (21), or has been
13   found to be a public nuisance pursuant to section 611, or if the
14   owner or operator of the licensed premises or any authorized
15   agent of the owner or operator has been convicted of any
16   violation of the act of April 14, 1972 (P.L.233, No.64), known
17   as "The Controlled Substance, Drug, Device and Cosmetic Act," or
18   of 18 Pa.C.S. § 5902 (relating to prostitution and related
19   offenses) or 6301 (relating to corruption of minors), at or
20   relating to the licensed premises, the administrative law judge
21   shall immediately suspend or revoke the license, or impose a
22   fine of not less than [one thousand dollars ($1,000) nor more
23   than five thousand dollars ($5,000),] two thousand dollars
24   ($2,000) nor more than ten thousand dollars ($10,000), or both.
25   However, if a licensee has been cited and found to have violated
26   section 493(1) as it relates to sales to minors or sales to a
27   visibly intoxicated person but at the time of the sale the
28   licensee was in compliance with the requirements set forth in
29   section 471.1 and the licensee had not sold to minors or visibly
30   intoxicated persons in the previous four years, then the

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 1   administrative law judge shall immediately suspend or revoke the
 2   license, or impose a fine of not less than [fifty dollars ($50)
 3   nor more than one thousand dollars ($1,000),] two hundred fifty
 4   dollars ($250) nor more than two thousand dollars ($2,000), or
 5   both. The administrative law judge shall notify the licensee by
 6   registered mail, addressed to the licensed premises, of such
 7   suspension, revocation or fine. In the event the fine is not
 8   paid within twenty days of the adjudication, the administrative
 9   law judge shall suspend or revoke the license, notifying the
10   licensee by registered mail addressed to the licensed premises.
11   Suspensions and revocations shall not go into effect until
12   thirty days have elapsed from the date of the adjudication
13   during which time the licensee may take an appeal as provided
14   for in this act, except that revocations mandated in section
15   481(c) shall go into effect immediately. Any licensee whose
16   license is revoked shall be ineligible to have a license under
17   this act until the expiration of three years from the date such
18   license was revoked. In the event a license is revoked, no
19   license shall be granted for the premises or transferred to the
20   premises in which the said license was conducted for a period of
21   at least one year after the date of the revocation of the
22   license conducted in the said premises, except in cases where
23   the licensee or a member of his immediate family is not the
24   owner of the premises, in which case the board may, in its
25   discretion, issue or transfer a license within the said year. In
26   the event the bureau or the person who was fined or whose
27   license was suspended or revoked shall feel aggrieved by the
28   adjudication of the administrative law judge, there shall be a
29   right to appeal to the board. The appeal shall be based solely
30   on the record before the administrative law judge. The board

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 1   shall only reverse the decision of the administrative law judge
 2   if the administrative law judge committed an error of law,
 3   abused its discretion or if its decision is not based on
 4   substantial evidence. In the event the bureau or the person who
 5   was fined or whose license was suspended or revoked shall feel
 6   aggrieved by the decision of the board, there shall be a right
 7   to appeal [to the court of common pleas in the same manner as
 8   herein provided for appeals from refusals to grant licenses.]
 9   the board's decision within thirty days to Commonwealth Court in
10   accordance with 42 Pa.C.S. § 763(a)(2) (relating to direct
11   appeals from government agencies), which shall apply an
12   appellate standard of review. The appeal shall be based solely
13   on the record before the administrative law judge and shall also
14   include any administrative filings made by the parties before
15   the board, as well as the board's decision. Each of the appeals
16   shall act as a supersedeas unless, upon sufficient cause shown,
17   the reviewing authority shall determine otherwise; however, if
18   the licensee has been cited and found to have violated section
19   493(1) insofar as it relates to sales to minors or sales to a
20   visibly intoxicated person, section 493(10) insofar as it
21   relates to lewd, immoral or improper entertainment or section
22   493(14), (16) or (21), or has been found to be a public nuisance
23   pursuant to section 611, or if the owner or operator of the
24   licensed premises or any authorized agent of the owner or
25   operator has been convicted of any violation of "The Controlled
26   Substance, Drug, Device and Cosmetic Act," or of 18 Pa.C.S. §
27   5902 or 6301, at or relating to the licensed premises, or if the
28   license has been revoked under section 481(c), its appeal shall
29   not act as a supersedeas unless the reviewing authority
30   determines otherwise upon sufficient cause shown. In any hearing

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 1   on an application for a supersedeas under this section, the
 2   reviewing authority may consider, in addition to other relevant
 3   evidence, documentary evidence, including records of the bureau,
 4   showing the prior history of citations, fines, suspensions or
 5   revocations against the licensee; and the reviewing authority
 6   may also consider, in addition to other relevant evidence,
 7   evidence of any recurrence of the unlawful activity occurring
 8   between the date of the citation which is the subject of the
 9   appeal and the date of the hearing. If the reviewing authority
10   is the board, no hearing shall be held on the application for a
11   supersedeas; however, a decision shall be made based on the
12   application, answer and documentary evidence under this
13   subsection. If the application for a supersedeas is for a
14   license that has been revoked under section 481(c), the
15   reviewing authority shall grant the supersedeas only if it finds
16   that the licensee will likely prevail on the merits. No penalty
17   provided by this section shall be imposed for any violations
18   provided for in this act unless the bureau notifies the licensee
19   of its nature within thirty days of the completion of the
20   investigation. Notice under this subsection may be satisfied by
21   the issuance of a citation in accordance with this section if
22   the citation is issued within thirty days of the completion of
23   the investigation.
24      * * *
25      (g)   If a licensee has been cited and found to have violated
26   any provision of this act as it relates to failing to maintain
27   the minimum requirements for licensure, the administrative law
28   judge shall impose a fine of two thousand dollars ($2,000) and
29   immediately suspend the license for not less than thirty days
30   for the first offense. For any second or subsequent violation

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 1   occurring within the same twelve-month period, the
 2   administrative law judge shall impose a fine of four thousand
 3   dollars ($4,000) and immediately suspend the license for not
 4   less than sixty days or revoke the license. If license
 5   compliance proceedings have been initiated pursuant to section
 6   470.4, those proceedings shall take priority and shall preclude
 7   the imposition of any penalties under this section for the same
 8   instances of violations.
 9      Section 5.    Sections 477 heading, (a), (b), (c), (d) and (f),
10   493.1(a) and (b) and 515 of the act are amended to read:
11      Section 477.    Applicants to Provide State and Local Tax
12   Identification Numbers and Statement of State Tax Status; Waiver
13   of Confidentiality of Information in the Possession of Local Tax
14   Authorities or the Department of Revenue and Other Departments;
15   Review of State or Local Tax Status.--(a)   An applicant for the
16   grant, renewal or transfer of any license issued pursuant to
17   this article shall provide to the board, upon forms approved by
18   the Department of Revenue and any applicable local tax
19   authority, the following:
20      (1)    the applicant's State personal income tax identification
21   number;
22      (2)    the applicant's State and local sales tax number;
23      (3)    the applicant's State corporation tax number;
24      (4)    the applicant's State employer withholding tax number;
25      (5)    the applicant's unemployment compensation account
26   number; and
27      (6)    a statement that:
28      (i)    all State and local tax reports have been filed and all
29   State and local taxes paid;
30      (ii)    all State and local taxes are subject to a timely

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 1   administrative or judicial appeal; or
 2      (iii)   all State and local taxes are subject to a duly
 3   approved deferred payment plan.
 4      (b)   An applicant for the grant, renewal or transfer of any
 5   license issued pursuant to this article shall, by the filing of
 6   an application insofar as it relates to the board, waive any
 7   confidentiality with respect to State or local tax information
 8   regarding said applicant in the possession of the Department of
 9   Revenue, the Office of Attorney General [or], the Department of
10   Labor and Industry or a local tax authority, regardless of the
11   source of that information and shall consent to the providing of
12   that information to the board by the Department of Revenue, the
13   Office of Attorney General [or], the Department of Labor and
14   Industry or a local tax authority.
15      (c)   Upon receipt of any application for the grant, renewal
16   or transfer of any license issued pursuant to this article, the
17   board shall review the State and local tax status of the
18   applicant. The board shall request State and local tax
19   information regarding the applicant from the Department of
20   Revenue, the Office of Attorney General [or], the Department of
21   Labor and Industry or a local tax authority and said information
22   shall be provided.
23      (d)   The board shall not approve any application for the
24   grant, renewal or transfer of any license issued pursuant to
25   this article where the applicant has failed to:
26      (1)   provide any of the information required by subsection
27   (a);
28      (2)   file required State or local tax reports; or
29      (3)   pay any State or local taxes not subject to a timely
30   administrative or judicial appeal or subject to a duly

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 1   authorized deferred payment plan.
 2      * * *
 3      (f)   Upon the required submission of the annual licensing fee
 4   or upon renewal, issuance or transfer of any license, if the
 5   Department of Revenue [or], the Department of Labor and Industry
 6   or a local tax authority notifies the board of noncompliance
 7   with the aforementioned provisions, the board shall not renew,
 8   issue, transfer or validate the license. Any appeal filed
 9   therefrom shall not act as a supersedeas.
10      * * *
11      Section 493.1.   Rights of Municipalities Preserved.--(a)
12   Nothing in this act shall be construed to preempt the right of
13   any municipality to regulate zoning and enforce any other local
14   ordinances and codes dealing with health and welfare, which may
15   include, but not be limited to, food, sanitation, restroom or
16   general business nuisance issues.
17      (b)   A municipality may file a petition with the board for an
18   exemption from section 493(34) of this act for all the licensees
19   within an identifiable area in the municipality. Prior to
20   submitting a petition, the municipality shall adopt a local
21   noise ordinance and a resolution adopted by its governing body
22   confirming support of the petition, citing the noise ordinance
23   and its intention to enforce the ordinance in place of section
24   493(34) of this act. Upon receipt of a petition, including a
25   copy of the noise ordinance, a map of the area to be exempted
26   and resolution, the board shall hold at least one (1) public
27   hearing on the petition. The hearing may be held before a
28   hearing examiner. The hearing shall take place within the
29   identified area and must comply with the notice, recording and
30   public participation requirements of 65 Pa.C.S. Ch. 7 (relating

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 1   to open meetings). Within sixty (60) days after receipt of the
 2   petition, the board shall disapprove the petition for an
 3   exemption in its entirety or may approve an area more limited
 4   for which the exemption will be granted if the board finds that
 5   granting the petition shall have an adverse effect on the
 6   welfare, health, peace and morals of the residents living in the
 7   vicinity of the identified area; otherwise, the board shall
 8   approve the petition. The board may place additional conditions
 9   on its approval such as limiting the duration of the approval
10   and any other condition the board deems appropriate. There shall
11   be a right to appeal to the [court of common pleas] Commonwealth
12   Court in the same manner as provided by this act for appeals
13   from refusals to grant licenses.
14      * * *
15      Section 515.   Appeals.--The board, the enforcement bureau or
16   any applicant or any licensee aggrieved by any decision
17   refusing, suspending or revoking a license under the provisions
18   of this article may appeal within thirty days to the [court of
19   the county in which the licensed premises or the premises to be
20   licensed are located. In the event an applicant or a licensee
21   shall have no place of business established within the
22   Commonwealth, his appeal shall be to the Commonwealth Court.
23   Such appeal shall be in accordance with 2 Pa.C.S. Ch. 7 Subch. A
24   (relating to judicial review of Commonwealth agency action).]
25   Commonwealth Court in accordance with 42 Pa.C.S. § 763(a)(2)
26   (relating to direct appeals from government agencies), which
27   shall apply an appellate standard of review. The appeal shall be
28   based solely on the record before the board and the decision of
29   the board. The court shall either affirm or reverse the action
30   of the board. The court, within its discretion, may also remand

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1   the matter to the board for purposes of accepting additional
2   evidence or taking further action necessary to conduct
3   appropriate appellate review.
4      Section 6.   This act shall take effect in 60 days.




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