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§ 4-436. Application for distributors', importing distributors' and retail dispensers&#...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 47 P.S. LiquorEffective: February 12, 2024

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
(b) Malt and Brewed Beverages (Including Manufacturers)
Effective: February 12, 2024
47 P.S. § 4-436
§ 4-436. Application for distributors', importing distributors' and retail dispensers' licenses
Application for distributors', importing distributors' and retail dispensers' licenses, or for the transfer of an existing license to another premises not then licensed or to another person, shall contain or have attached thereto the following information and statements:
(a) The name and residence of the applicant and how long he has resided there, and if an association, partnership or corporation, the residences of the members, officers and directors for the period of two years next preceding the date of such application.
(b) The particular place for which the license is desired and a detailed description thereof. The description, information and plans referred to in this subsection shall show the premises or the proposed location for the construction of the premises at the time the application is made, and shall show any alterations proposed to be made thereto, or the new building proposed to be constructed after the approval by the board of the application for a license, or for the transfer of an existing license to another premises not then licensed or to another person. No physical alterations, improvements or changes shall be required to be made to any hotel, eating place or club, nor shall any new building for any such purpose be required to be constructed until approval of the application for license or for the transfer of an existing license to another premises not then licensed or to another person by the board. After approval of the application, the licensee shall make the physical alterations, improvements and changes to the licensed premises, or shall construct the new building in the manner specified by the board at the time of approval. The licensee shall not transact any business under the license until the board has approved the completed physical alterations, improvements and changes of the licensed premises or the completed construction of the new building as conforming to the specifications required by the board at the time of issuance or transfer of the license and is satisfied that the premises meet the requirements for a distributor's or importing distributor's license as set forth in this act or that the establishment is an eating place, hotel or club as defined by this act. The board may require that all such alterations or construction or conformity to definition be completed within six months from the time of issuance or transfer of the license. The time between the approval of the initial application and issuance of operating authority to the licensee shall be considered as time in safekeeping. Failure to comply with these requirements shall be considered cause for revocation of the license. No such license shall be transferable between the time of issuance or transfer of the license and the approval of the completed alterations or construction by the board and full compliance by the licensee with the requirements of this act, unless the transfer application is accompanied by a surcharge. The surcharge shall be fifteen thousand dollars ($15,000) if the license is located in a county of the first through third class. The surcharge shall be five thousand dollars ($5,000) if the license is located in a county of the fourth through eighth class.
(c) Place of birth of applicant, and if a naturalized citizen, where and when naturalized, and if a corporation organized or registered under the laws of the Commonwealth, when and where incorporated, with the names and addresses of each officer and director, all of whom shall be citizens of the United States; if the application is for a distributor's or importing distributor's license and the applicant therefor is a corporation, the application shall also contain a statement of facts showing the qualifications of the corporation, as hereinbefore required, together with the names and addresses of all stockholders.
(d) Name of owner of premises and his residence.
(e) That the applicant is not, or in case of a partnership or association, that the members or partners are not, and in the case of a corporation, that the officers and directors are not, in any manner pecuniarily interested, either directly or indirectly, in the profits of any other class of business regulated under this article, except as hereinafter permitted.
(f) That applicant and management company or companies, if any, are the only persons in any manner pecuniarily interested in the business so asked to be licensed, and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license, except as hereinafter permitted.
(g) Whether applicant, or in case of a partnership or association, any member or partner thereof, or in case of a corporation, any officer or director thereof, has during the three years immediately preceding the date of said application had a license for the sale of malt or brewed beverages or spirituous and vinous liquors revoked, or has during the same period been convicted of any criminal offense, and if so, a detailed history thereof.
(h) A full description of that portion of the premises for which license is asked, and if any other business is to be conducted concurrently with the sale and distribution of malt or brewed beverages, a full history of such business, relating the nature thereof, the length of time it has so previously been conducted by the applicant or his predecessor at such location, and such additional information as the board may require.
(i) Every club applicant shall file with and as a part of its application a list of the names and addresses of its members, directors, officers, agents and employes, together with the dates of their admission, election or employment, and such other information with respect to its affairs as the board shall require.
(j) The application must be verified by affidavit of applicant, and if any false statement is intentionally made in any part of the application, the affiant shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to the penalties provided by this article.
(k) If the licensee in question has a retail dispenser license, and the applicant intends to use a management company to operate, manage or supervise all or part of the operation of the licensed premises, the applicant must file a written application with the board on the form or forms as the board shall, from time to time, prescribe. The application shall be accompanied by a fee in an amount to be determined by the board. The board shall refuse the application if the management company or any person involved with the management would be precluded from holding an interest in the underlying license.

Credits

1951, April 12, P.L. 90, art. IV, § 436; 1961, June 19, P.L. 482, § 2; 1965, June 29, P.L. 151, § 1. Reenacted 1987, June 29, P.L. 32, No. 14, § 50, effective July 1, 1987. Amended 1994, April 29, P.L. 212, No. 30, § 13, effective in 60 days; 2002, Feb. 21, P.L. 103, No. 10, § 8, effective in 60 days; 2002, Dec. 9, P.L. 1653, No. 212, § 13, effective in 60 days; 2016, June 8, P.L. 273, No. 39, § 11, effective in 60 days [Aug. 8, 2016]; 2023, Dec. 14, P.L. 392, No. 45, § 1, effective in 60 days [Feb 12, 2024].
47 P.S. § 4-436, PA ST 47 P.S. § 4-436
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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