§ 4-461.1. Incorporated units of national veterans' organizations
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: August 8, 2016
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 47 P.S. Liquor (Refs & Annos)
Chapter 1. Liquor Code (Refs & Annos)
Article IV. Licenses and Regulations; Liquor, Alcohol and Malt and Brewed Beverages
(c) General Provisions Applying to Both Liquor and Malt and Brewed Beverages (Refs & Annos)
Effective: August 8, 2016
47 P.S. § 4-461.1
§ 4-461.1. Incorporated units of national veterans' organizations
(a) The board shall have the authority to issue new licenses to incorporated units of national veterans' organizations, as defined herein, in counties where the number of licenses exceeds the limitation prescribed by section 461.1
The term “incorporated unit of a national veterans' organization” shall mean any incorporated post, branch, camp, detachment, lodge or other subordinate unit of a national veterans' organization having fifty or more paid up members and organized for a period of at least one year prior to filing the application for a license. The term does not include auxiliaries, “sons of” or other similar organization.
The term “affiliated organization” shall mean home associations, home corporations, auxiliaries, “sons of” or similar organizations which are directly affiliated with an incorporated unit or a national veterans' organization. An affiliated organization must meet the definition of a club set forth in section 102,2 except that:
(c) When the charter of an incorporated unit of a national veterans' organization is suspended or revoked, the club license of the organization shall also be suspended or rescinded. The club license of an incorporated unit of a national veterans' organization is not transferable to any other organization or person, except as provided in this section.
(d) An incorporated unit of a national veterans' organization may transfer its club license to its affiliated organization as long as, in addition to fulfilling all the requirements pertaining to the transfer of club licenses, the state department of the national veterans' organization provides the board with written approval for such a transfer. The license shall be suspended or rescinded upon the suspension or revocation of the charter of the affiliated incorporated unit of the national veterans' organization. The license shall also be rescinded upon request of the state department of the national veterans' organization or if the affiliated organization's affiliation with the incorporated unit of the national veterans' organization is severed.
(g) An incorporated unit of a national veterans' association or an affiliated organization which has its license suspended or rescinded or its request for transfer denied under this section may request a hearing before a hearing examiner under section 464.3 The board may not consider the propriety of the state department of the national veterans' organization's decision to suspend the charter, revoke the charter or refuse to approve the transfer. The written request from the state department of the national veterans' organization, standing alone, is admissible evidence at the board hearing. An appeal of the board's decision may be taken under section 464, except that the appeal shall not act as a supersedeas of the board's decision.
Credits
1951, April 12, P.L. 90, § 461.1, added 1980, Dec. 12, P.L. 1195, No. 221, § 7, imd. effective. Reenacted 1987, June 29, P.L. 32, No. 14, § 61, effective July 1, 1987. Amended 1992, June 30, P.L. 327, No. 66, § 6, imd. effective; 1998, June 18, P.L. 664, No. 86, § 11, effective in 60 days; 2000, Dec. 20, P.L. 992, No. 141, § 9.1, effective in 60 days; 2016, June 8, P.L. 273, No. 39, § 17, effective in 60 days [Aug. 8, 2016].
47 P.S. § 4-461.1, PA ST 47 P.S. § 4-461.1
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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