§ 1799.6-E. Liquor Code suspension for deficiency
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: October 30, 2017
Effective: October 30, 2017
72 P.S. § 1799.6-E
§ 1799.6-E. Liquor Code suspension for deficiency
(1) If the board finds, through an inspection by a board employee, that a licensee does not meet a requirement under the Liquor Code or the board's regulations that renders the licensee ineligible for the license, including instances when the licensee no longer meets the seating, square footage, food, health license or room requirements for the license, the board may immediately impose an administrative suspension of the operating privileges of the licensee and shall give written notice to the licensee as to the exact deficiency observed. The operating privileges shall remain suspended until the licensee can establish to the board's satisfaction that the licensee is again eligible for the license.
(2) If an employee of the bureau, a county department of public health or a county department of licenses and inspections or a similar employee of the Commonwealth or a municipality finds that a licensee does not meet the requirements of either the Liquor Code or the board's regulations as provided under paragraph (1), the employee may inform the board of the deficiency so that the board may proceed under paragraph (1).
(b) Procedure.--Section 464 of the Liquor Code1 and 42 Pa.C.S. § 933(a)(1)(v) (relating to appeals from government agencies) shall not apply to an administrative suspension under subsection (a)(1). If the board refuses to reinstate a suspended licensee's operating privileges, the suspended licensee may request a hearing before Commonwealth Court under 42 Pa.C.S. § 761(a)(4) (relating to original jurisdiction) solely on the issue of whether the suspended licensee is eligible for reinstatement of operating privileges. The Commonwealth Court shall hold a hearing within 10 days of the filing of the request for a hearing under this subsection.
(d) Savings provisions.--Other violations of the Liquor Code or questions as to the continued fitness of a licensee, which are currently addressed through the citation process under section 471 of the Liquor Code2 or the board's nonrenewal process under section 470(a.1) of the Liquor Code3 shall continue to be addressed in that manner and not through the administrative suspension process under subsections (a)(1) and (b).
(e) Functions.--In addition to the enforcement powers and duties under section 211(a) of the Liquor Code,4 the bureau shall establish an inspection schedule which provides for the inspection of a premises licensed as a restaurant liquor establishment or licensed as an eating place establishment for compliance and issue citations for violations of the Liquor Code discovered during the inspection.
“Board.” The Pennsylvania Liquor Control Board.
“Bureau.” The Bureau of Liquor Control Enforcement.
“Eating place.” As defined in section 102 of the Liquor Code.5
“License.” A license under the Liquor Code.
“Licensee.” A person that holds a license.
“Liquor Code.” The act of April 12, 1951 (P.L. 90, No. 21),6 known as the Liquor Code.
“Restaurant.” As defined in section 102 of the Liquor Code.
Credits
1929, April 9, P.L. 343, No. 176, art. XVII-E, § 1799.6-E, added 2017, Oct. 30, P.L. 725, No. 44, § 16.3, imd. effective.
Footnotes
47 P.S. § 4-464.
47 P.S. § 4-471.
47 P.S. § 4-470.
47 P.S. § 2-211.
47 P.S. § 1-102.
47 P.S. § 1-101 et seq.
72 P.S. § 1799.6-E, PA ST 72 P.S. § 1799.6-E
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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