Header:
PENNSYLVANIA STATUTES
TITLE 47. LIQUOR
CHAPTER 1. LIQUOR CODE
ARTICLE IV. LICENSES AND REGULATIONS; LIQUOR, ALCOHOL AND MALT AND BREWED BEVERAGES
(C) GENERAL PROVISIONS APPLYING TO BOTH LIQUOR AND MALT AND BREWED BEVERAGES
Date:
08/31/2009
Document:
§ 4-474.1. Surrender of restaurant, eating place retail dispenser, hotel, importing distributor and distributor license for benefit of licensee
(a) A restaurant, eating place retail dispenser, hotel, importing distributor and distributor licensee whose licensed establishment is not in operation for fifteen consecutive days shall return its license for safekeeping with the board no later than at the expiration of the fifteen-day period. The license may only be reissued from safekeeping in the manner set forth by the board through regulation.
(b) The board may hold the license in safekeeping for a period not to exceed three consecutive years. Any license remaining in safekeeping for more than three consecutive years shall be immediately revoked by the Bureau of Licensing unless a transfer application or request for reissue from safekeeping has been filed prior to the expiration of the three-year period or unless the board has approved a request to extend the safekeeping for an additional year as set forth in subsection (g). In addition, the board shall extend the period for an additional year if, at the end of the three-year period, the licensed premises are unavailable due to fire, flood or other similar natural disaster; no further extension beyond one additional year shall be granted by the board regardless of whether the licensed premises are unavailable due to fire, flood or other similar natural disaster unless an application is made as set forth in subsection (g).
(c) In the event a transfer application filed prior to the expiration of the three-year period is disapproved by the board, then the license may remain in safekeeping so long as the licensee has submitted and the board has approved a request to extend the safekeeping for an additional year as set forth in subsection (g). Such request must be submitted within thirty days of the board's decision notwithstanding any appeal filed in the matter; however, the fee set forth in subsection (g) shall be refunded if the board's decision is overturned.
(d) Any period of time in which the licensee allows the license to lapse by not filing a timely license renewal or license validation shall be considered time in which the license was held in safekeeping for purposes of this section.
(e) For purposes of this section, any license placed in safekeeping prior to February 7, 2004, shall be deemed to have been placed in safekeeping on February 7, 2004.
(f) Deleted by 2006, Nov. 29, P.L. 1421, No. 155, § 3, imd. effective.
(g) (1) A licensee whose license is subject to this section may, upon
written request, apply to the board to allow the license to remain in
safekeeping for an additional one year. The written request must be
accompanied by a five thousand dollar ($ 5,000) fee for licenses placed
in safekeeping from counties of the first class, second class, second
class A, third class and fourth class and a fee of two thousand five
hundred dollars ($ 2,500) for licenses placed in safekeeping from
counties of the fifth through eighth classes. The board shall approve
the request unless the license or licensee no longer meets the
requirements of this act or the board's regulations. The fee collected
shall be paid into the State Treasury through the Department of Revenue
into the State Store Fund.
(2) A licensee whose license remains in safekeeping after the
expiration of an approved additional one-year period may submit a
written request for additional one-year periods; however, each such
request must be accompanied by a five thousand dollar ($ 5,000) fee for
licenses placed in safekeeping from counties of the first class, second
class, second class A, third class and fourth class and a fee of two
thousand five hundred dollars ($ 2,500) for licenses placed in
safekeeping from counties of the fifth through eighth classes.
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