Pennsylvania Act 1939-358 — LIMITING NUMBER OF LIQUOR LICENSES

Act text

LIMITING NUMBER OF LIQUOR LICENSES
                 Act of Jun. 24, 1939, P.L. 806, No. 358              Cl. 47
                                  AN ACT

     Limiting the number of licenses for the retail sale of liquor,
        malt or brewed beverages, or malt and brewed beverages, to be
        issued by the Pennsylvania Liquor Control Board; defining
        hotels, and prescribing the accommodations required of hotels
        in certain municipalities.

        Compiler's Note:  This act was repealed April 12, 1951,
            P.L.90, No.21, except insofar as the provisions of
            section 1, as amended, shall apply to hotel licenses
            granted prior to September 1, 1949, or granted on any
            application made and pending prior to said date, or to
            any renewal or transfer of such licenses, or to hotels
            under construction or for which a bona fide contract had
            been entered into for construction prior to said date.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--The word "hotel," as used in this
     act, shall mean any reputable place operated by a responsible
     person of good reputation, where the public may, for a
     consideration, obtain sleeping accommodations; at least one-half
     of the required number of bed-seven days weekly, except in
     resort areas; at least one-rooms shall be regularly available to
     transient guests third of such bedrooms shall be equipped with
     hot and cold water, a lavatory, commode, bathtub or shower, and
     a clothes closet; and an additional one-third of the total of
     such required rooms shall be equipped with lavatory and
     commode--
        (a)  In municipalities having a population of less than three
     thousand, shall have at least twelve permanent bedrooms for the
     use of guests;
        (b)  In municipalities having a population of three thousand
     and more but less than ten thousand inhabitants, shall have at
     least sixteen permanent bedrooms for the use of guests;
        (c)  In municipalities having a population of ten thousand
     and more but less than twenty-five thousand inhabitants, shall
     have at least thirty permanent bedrooms for the use of guests;
        (d)  In municipalities having a population of twenty-five
     thousand and more but less than one hundred thousand
     inhabitants, shall have at least forty permanent bedrooms for
     the use of guests; and
        (e)  In municipalities having a population of one hundred
     thousand or more inhabitants, shall have at least fifty
     permanent bedrooms for the use of guests.
        All such hotels shall have a public dining room or rooms,
     operated by the same management, accommodating at least thirty
     persons at one time, and a kitchen apart from the dining room or
     rooms in which food is regularly prepared for the public.
        The word "person" shall mean every natural person,
     association or corporation.
        The word "municipality" shall mean any city, borough,
     incorporated town, or township.
        The term "bedrooms" shall mean bedrooms each of which shall
     have an area of not less than eighty square feet and an outside
     window.
        (1 amended May 9, 1949, P.L.964, No.273)
        Compiler's Note:  Section 2 of Act 273 of 1949, which amended
            section 1, provided that the provisions of Act 273 shall
            not apply to hotel licenses heretofore granted or that
            may hereafter be granted on any application made and
            pending prior to the effective date of Act 273 nor to any
            renewal or transfer thereof, or hotels under construction
            or for which a bona fide contract has been entered into
            for construction prior to the effective date of Act 273.
        Section 2.  No licenses shall hereafter be granted by the
     Pennsylvania Liquor Control Board for the retail sale of malt or
     brewed beverages, or the retail sale of liquor and malt or
     brewed beverages, in excess of one of such licenses, of any
     class, for each one thousand inhabitants or fraction thereof, in
     any municipality, exclusive of licenses granted to hotels, as
     defined in this act, and clubs; but at least one such license
     may be granted in each municipality, except in municipalities
     where the electors have voted against the granting of any retail
     licenses. Nothing contained in this section shall be construed
     as denying the right to the Pennsylvania Liquor Control Board to
     renew or to transfer existing retail licenses of any class,
     notwithstanding that the number of such licensed places in a
     municipality shall exceed the limitation hereinbefore
     prescribed; but where such number exceeds the limitation
     prescribed by this act, no new license, except for hotels as
     defined in this act, shall be granted so long as said limitation
     is exceeded.
        Section 3.  The Pennsylvania Liquor Control Board shall have
     the power to increase the number of licenses in any such
     municipality which, in the opinion of the board, is located
     within a resort area.
        Section 4.  All acts and parts of acts inconsistent herewith
     are hereby repealed.
        Section 5.  This act shall become effective immediately upon
     final enactment.