§ 4-437. Prohibitions against the grant of licenses
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: February 21, 2012
Effective: February 21, 2012
47 P.S. § 4-437
§ 4-437. Prohibitions against the grant of licenses
(d) No person who holds any public office that involves the duty to enforce any of the penal laws of the United States, this Commonwealth or of any political subdivision of this Commonwealth may have any interest in a manufacturer's, importing distributor's, distributor's or retail dispenser's license. This prohibition applies to anyone with arrest authority, including, but not limited to, United States attorneys, State attorneys general, district attorneys, sheriffs and police officers. This prohibition shall also apply to magisterial district judges, judges or any other individuals who can impose a criminal sentence. This prohibition does not apply to members of the General Assembly, township supervisors, city councilpersons, mayors without arrest authority and any other public official who does not have the ability to arrest or the ability to impose a criminal sentence. This section does not apply if the proposed premises are located outside the jurisdiction of the individual in question.
(f) No new distributor's or importing distributor's license shall hereafter be granted by the board in any county of the Commonwealth where the combined number of distributor and importing distributor licenses exceeds one license for each thirty 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 any county of the Commonwealth.
Nothing in this subsection shall be construed as denying the right of the board to renew or to transfer existing distributors' or importing distributors' licenses or to exchange a distributor's license for an importing distributor's license or to exchange an importing distributor's license for a distributor's license, upon adjustment of the applicable fee, notwithstanding that the number of such licensed places in the county shall exceed the limitation hereinbefore prescribed: Provided, That no distributor's license or importing distributor's license shall be transferred from one county to another county so long as the quota is filled in the county to which the license is proposed to be transferred.
Credits
1951, April 12, P.L. 90, Art. IV, § 437. Amended 1952, Jan. 14, P.L. (1951) 2089, § 2; 1965, Dec. 22, P.L. 1149, § 1. Reenacted 1987, June 29, P.L. 32, No. 14, § 51, effective July 1, 1987. Amended 1990, Dec. 7, P.L. 622, No. 160, § 1, effective in 60 days; 2011, Dec. 22, P.L. 530, No. 113, § 7, effective in 60 days [Feb. 21, 2012].
47 P.S. § 4-437, PA ST 47 P.S. § 4-437
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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