§ 7.347. Laws relating to alcoholic beverages and intoxicating liquors unaffected by the termination of the Board.
All acts or parts of acts by which rights were vested or accrued prior to December 31, 1986, which impose penal provisions or general requirements or restrictions, enact taxes or which contain provisions relating to intoxicating liquors the continuation of which is not irreconcilably inconsistent with the termination of the Board are preserved in full force and effect. Such statutes preserved include, but are not limited to, the following acts or parts of acts.
(1) Sections 203, 727 and 1207 of the Fiscal Code (72 P. S. § § 203, 727 and 1207).
(2) The Malt Beverage Tax Law (47 P. S. § § 103—120.3).
(3) The Spirituous and Vinous Liquor Tax Law (47 P. S. § § 745—767).
(4) The act of December 20, 1933 (1933-34 Sp.Sess., P. L. 89, No. 15) (47 P. S. § § 744-907—744-907c) insofar as the act authorizes the expenditure of monies in the State Stores Fund by Commonwealth agencies other than the Board, authorizes the tranfer of monies into the General Fund and requires the Governor to approve expenditures paid out of the fund.
(5) The act of December 20, 1933 (1933-34 Sp.Sess., P. L. 90, No. 16) (47 P. S. § § 744-908 and 744-909) relating to the transfer and utilization of monies in the General Fund and the State Stores Fund except as terminated pursuant to § 7.346 (relating to terminated statutory functions and duties of the Board).
(6) The act of June 9, 1936 (Ex. Sess., P. L. 13, No. 4) (47 P. S. § § 794 and 795) imposing an Emergency Liquor Tax except as terminated pursuant to § 7.346.
(7) The act of May 25, 1939 (P. L. 191, No. 99) (47 P. S. § § 744-910 and 744-911) relating to the transfer of monies between the General Fund and the State Stores Fund.
(8) The act of June 24, 1939 (P. L. 806, No. 358) relating to the quota system except as terminated pursuant to § 7.346.
(9) The Liquor Code as follows:
Section 101 (47 P. S. § 1-101) (Short title).
Section 102 (47 P. S. § 1-102) (Definitions).
Section 103 (47 P. S. § 1-103) (Saving clause).
Section 104 (47 P. S. § 1-104) (Interpretation of act) except insofar as section 104(c) prohibits the manufacture of and transactions in liquor except under the control of the Board.
Section 209 (47 P. S. § 2-209) (Officers and investigators of the Board to be peace officers; powers) except insofar as the section authorizes the Board to designate employes as enforcement officers.
Section 210 (47 P. S. § 2-210) (Restrictions on members of the Board and employes of the Commonwealth) insofar as the section restricts the activities of employes of this Commonwealth.
Section 401 (47 P. S. § 4-401) (Authority to issue liquor licenses to hotels, restaurants and clubs) insofar as the section delineates the rights and responsibilities of hotel, restaurant, club and caterer licensees.
Section 402 (47 P. S. § 4-402) (License districts; license year; hearings) insofar as the section establishes times at which licensees must pay license renewal fees and grants licensees rights to hearings before examiners.
Section 403 (47 P. S. § 4-403) (Applications for hotel, restaurant and club liquor licenses) insofar as the section establishes the right of licensees to transfer licenses, imposes requirements for the transfer of licenses, imposes citizenship and incorporation requirements, restricts the activities of club licensees, establishes public notice requirements and declares the making of intentional false statements to be a misdemeanor.
Section 404 (47 P. S. § 4-404) (Issuance of hotel, restaurant and club licenses) insofar as the section restricts pecuniary interests in licenses, requires the posting of bonds and the payment of fees, prohibits operations within 300 feet of a church, hospital, charitable institution, school or public playground, prohibits the sale of liquid fuels or oil by licensees, prohibits activities detrimental to the public health and welfare, restricts transfers to parties convicted of felonies and imposes other requirements and conditions upon the operation of licensees and the transfer of licenses.
Section 405 (47 P. S. § 4-405) (License fees) insofar as the section requires licensees to pay fees to this Commonwealth and establishes a penalty for the attempted payment of fees with dishonored checks.
Section 406 (47 P. S. § 4-406) (Sales by liquor licensees; restrictions).
Section 406.1 (47 P. S. § 4-406.1) (Secondary service area) insofar as the section requires licensees to pay fees for the use of secondary service areas, restricts the size and nature of secondary service areas and permits specified activities within secondary service areas.
Section 407 (47 P. S. § 4-407) (Sale of malt or brewed beverages by liquor licensees).
Section 408 (47 P. S. § 4-408) (Public service liquor licenses) insofar as the section specifies rights, responsibilities and limitations upon the activities of public service licensees, requires licensees to file monthly reports and requires the payment of fees.
Section 408.1 (47 P. S. § 4-408.1) (Trade show or convention licenses) insofar as the section specifies rights, responsibilities and limitations upon activities of trade show and convention licenses, requires the posting of bonds and the payment of fees, authorizes the periodic renewal of licenses and the renewal of licenses upon the selection of new concessionaires and upon the reissuance of contracts.
Section 408.2 (47 P. S. § 4-408.2) (Effect of other laws).
Section 408.2a (47 P. S. § 4-408.2a) (City-owned stadia) insofar as the section specifies the rights, responsibilities and limitations upon activities of stadia licensees, requires the posting of bonds and payment of fees, authorizes the periodic renewal of licenses and the renewal of licenses upon the selection of new concessionaires and the reissuance of contracts.
Section 408.3 (47 P. S. § 4-408.3) (Performing arts facilities) insofar as the section specifies the rights, responsibilities and limitations upon activities of performing arts facility licensees in cities of the first and second class, requires the posting of bonds and the payment of fees, authorizes the periodic renewal of licenses and the renewal of licenses upon the selection of new concessionaires and the reissuance of contracts.
Section 408.4 (47 P. S. § 4-408.4) (Special occasion permits) insofar as the section specifies the rights, responsibilities and limitations upon activities of persons issued special occasion permits, authorizes the issuance of special occasion permits, and establishes penalties for violation of the terms of special occasion permits.
Section 408.5 (47 P. S. § 4-408.5) (Licenses for city-owned art museums, cities first class and art museums maintained by certain nonprofit corporations in cites of the second class) insofar as the section specifies the rights, responsibilities and limitations upon the activities of licensees, requires the posting of bonds and the payment of fees, authorizes the periodic renewal of licenses and the renewal of licenses upon the selection of new concessionaires and the reissuance of contracts.
Section 408.6 (47 P. S. § 4-408.6) (Performing arts facilities) insofar as the section specifies the rights, responsibilities and limitations upon the activities of performing arts facility licensees in cities of the third class, requires the posting of bonds and the payment of fees, authorizes the periodic renewal of licenses and the renewal of licenses upon the selection of new concessionaires and the reissuance of contracts.
Section 408.7 (47 P. S. § 4-408.7) (Performing arts facilities) insofar as the section authorizes performing arts facility licensees in cities of the first and second class to transfer their licenses, specifies the rights, responsibilities and limitations upon the activities of transferees, requires the posting of bonds and the payment of fees, authorizes the periodic renewal of licenses upon the selection of new concessionaires or the reissuance of contracts.
Section 408.8 (47 P. S. § 4-408.8) (Trade show and convention licenses; cities of the third class) insofar as the section specifies the rights, responsibilities and limitations upon activities of trade show and convention licensees, requires the posting of bonds and the payment of fees, authorizes the period renewal of licenses and the renewal of licenses upon the selection of new concessionaires and the reissuance of contracts.
Section 408.9 (47 P. S. § 4-408.9) (Stadium and restaurant licenses in third class cities) insofar as the section authorizes activities by restaurant licensees operating on the same parcel of land as the stadium in cities of the third class.
Section 409 (47 P. S. § 4-409) (Sacramental wine license; fees; privileges; restrictions) insofar as the section delineates the privileges and restrictions upon the operation of sacramental wine licensees, requires the posting of bonds and payment of fees, provides for the revocation of licenses and establishes procedures for license revocations.
Section 410 (47 P. S. § 4-410) (Liquor importers’ licenses; fees; privileges; restrictions) insofar as the section delineates the privileges and restrictions upon the activities of liquor licenses and holders of warehouse permits, requires the posting of bonds and the payment of fees, imposes citizenship and incorporation requirements, requires the retention of records, provides for the revocation of licenses and establishes procedures for license revocation.
Section 411 (47 P. S. § 4-411) (Interlocking business prohibited).
Section 431 (47 P. S. § 4-431) (Malt and brewed beverages manufacturers’, distributors’ and importing distributors’ licenses) insofar as the section delineates the privileges and restrictions upon the operation of manufacturers, distributors and importing distributors, requires the posting of bonds and the payment of fees, establishes citizenship and incorporation requirements and regulates business practices among licensees.
Section 432 (47 P. S. § 4-432) (Malt and brewed beverages retail licenses) insofar as the section delineates the privileges and restrictions upon the operation of malt and brewed beverage licensees, requires the posting of bonds and the payment of fees, authorizes the renewal and transfer of licenses, establishes citizenship and incorporation requirements, restricts activities within certain municipalities, restricts activities within 300 feet of any church, hospital, charitable institution, school or public playground, prohibits the sale of liquid fuels or oil, prohibits practices detrimental to the public health and welfare, revokes licenses of persons convicted of felonies, requires the posting of public notices, and restricts hours and types of operations.
Section 433 (47 P. S. § 4-433) (Public service licenses) insofar as the section specifies rights, responsibilities and limitations upon the activities of public service licensees, requires licensees to file monthly reports, provides for the revocation or suspension of licenses and permits parties to file appeals.
Section 433.1 (47 P. S. § 4-433.1) (Stadium or arena permits) insofar as the section authorizes activities by holders of special permits in certain classes of municipalities and school districts and provides for privileges and restrictions upon the operation of permittees.
Section 434 (47 P. S. § 4-434) (License year) insofar as the section designates the annual renewal period for licensees.
Section 435 (47 P. S. § 4-435) (Filing of applications for distributors’, importing distributors’ and retail dispensers’ licenses; filing fees) insofar as the section establishes procedures and imposes fees for the transfer or renewal of licenses.
Section 436 (47 P. S. § 4-436) (Application for distributors’, importing distributors’ and retail dispensers’ licenses) insofar as the section designates the content of applications to transfer licenses, restricts the activities of applicants for transfers and declares intentional false statements to be a misdemeanor.
Section 437 (47 P. S. § 4-437) (Prohibitions against the grant of licenses) insofar as the section relates to the transfer, renewal and exchange of licenses and imposes quota restrictions upon the transfer of licenses.
Section 438 (47 P. S. § 4-438) (Number and kind of licenses allowed same licensee).
Section 439 (47 P. S. § 4-439) (Malt or brewed beverage license fees) insofar as the section requires the payment of fees to the Commonwealth for the renewal of licenses.
Section 440 (47 P. S. § 4-440) (Sales by manufacturers of malt or brewed beverages; minimum quantities) except as terminated by § 7.346.
Section 441 (47 P. S. § 4-441) (Distributors’ and importing distributors’ restrictions on sales, storage, etc.).
Section 442 (47 P. S. § 4-442) (Retail dispensers’ restrictions on purchases and sales).
Section 443 (47 P. S. § 4-443) (Interlocking businesses prohibited).
Section 444 (47 P. S. § 4-444) (Malt or brewed beverages manufactured outside this Commonwealth) insofar as the section imposes fees and restrictions on out-of-State manufacturers and Pennsylvania licensees, requires compliance with reciprocal regulations or orders previously issued by the Board, declares certain beverages to be contraband and authorizes their confiscation and disposal, permits the initiation of actions to enjoin violations, imposes fines, prohibits the importation of certain beverages, declares certain violations to be misdemeanors and requires written opinions.
Section 461 (47 P. S. § 4-461) (Limiting number of retail licenses to be issued in each municipality) insofar as the section permits the transfer of certain retail licenses.
Section 461.1 (47 P. S. § 4-461.1) (Incorporated units of National Veterans’ Organizations) insofar as the section defines terms, provides for the suspension or revocation of licenses and restricts transfers.
Section 462 (47 P. S. § 4-462) (Licensed places may be closed during period of emergency) insofar as the Governor shall assume emergency responsibilities previously exercised by the Board and recognizes daylight savings time orders and regulations previously issued by the Board.
Section 463 (47 P. S. § 4-463) (Places of amusement not to be licensed; penalty) insofar as the section restricts the activities of existing licensees, restricts the transfer of licenses and declares certain actions to be a misdemeanor.
Section 464 (47 P. S. § 4-464) (Hearings upon refusal of licenses, renewals or transfers; appeals) insofar as the section requires hearings for license renewals, transfers, suspensions or revocations, establishes procedures for hearings, provides for appeals and governs jurisdiction.
Section 465 (47 P. S. § 4-465) (All licensees to furnish bonds) insofar as the section imposes bonding requirements upon existing licensees and their transferees, requires a confession of judgment and authorizes the revocation and forfeiture of bonds.
Section 466 (47 P. S. § 4-466) (Disposition of cash and securities upon forfeiture of bond) insofar as the section delineates certain duties of the State Treasurer.
Section 467 (47 P. S. § 4-467) (Display of license).
Section 468 (47 P. S. § 4-468) (Licenses not assignable; transfers) insofar as the section prohibits the assignment of licenses, authorizes and imposes restrictions, limitations and conditions upon the transfer of licenses and defines terms.
Section 469 (47 P. S. § 4-469) (Applications for transfers; fees) insofar as the section requires the filing of transfer applications and the payment of fees.
Section 470 (47 P. S. § 4-470) (Renewal of licenses; temporary provisions for licensees in armed forces) insofar as the section authorizes license renewals, imposes fees, requires the posting of bonds, and establishes restrictions and limitations upon license renewals.
Section 470.1 (47 P. S. § 4-470.1) (Renewal of hotel liquor licenses; special provisions) insofar as the section restricts the transfer of certain licenses.
Section 471 (47 P. S. § 4-471) (Revocation and suspension of licenses; fines) insofar as the section provides for the revocation and suspension of licenses in certain instances, designates procedures for suspensions and revocations, imposes fines, provides for appeals and governs jurisdiction.
Section 472 (47 P. S. § 4-472) (Local option) except insofar as the section deals with the operation of State Stores.
Section 472.1 (47 P. S. § 4-472.1) (Clubs) insofar as the section restricts the activities of certain clubs.
Section 472.2 (47 P. S. § 4-472.2) (Granting liquor licenses in certain municipalities) insofar as the section restricts the activities of certain licensees and limits the transfer of licenses.
Section 472.3 (47 P. S. § 4-472.3) (Exchange of certain licenses) insofar as the section authorizes the exchange of certain licenses, imposes requirements upon the exchange of licenses and provides an exemption from the quota system.
Section 474 (47 P. S. § 4-474) (Surrender of club licenses for benefit of licensees) insofar as the section allows club licenses to be surrendered for certain periods, provides for the revocation of licenses at the conclusion of such period and restricts transfers.
Section 491 (47 P. S. § 4-491) (Unlawful acts relative to liquor, alcohol and liquor licenses) as follows:
Subsection (1) (47 P. S. § 4-491(1)) (Sales of liquor) insofar as the subsection restricts sales of liquor contrary to preserved sections of the Liquor Code and the provisions of this subchapter;
Subsection (2) (47 P. S. § 4-491(2)) (Possession or transportation of liquor and alcohol) insofar as the subsection restricts the acquisition of liquor pursuant to preserved sections of the Liquor Code and the provisions of this subchapter;
Subsection (4) (47 P. S. § 4-491(4)) (Possession and use of decanters) except insofar as the section authorizes the Board to adopt new regulations;
Subsection (5) (47 P. S. § 4-491(5)) (Failure to break empty liquor containers);
Subsection (6) (47 P. S. § 4-491(6)) (Sales by restaurant and hotel liquor licensees);
Subsection (7) (47 P. S. § 4-491(7)) (Sales by manufacturers and licensed importers) insofar as the subsection restricts sales by manufacturers and licensed importers contrary to preserved provisions of the Liquor Code and the provisions of this subchapter;
Subsection (8) (47 P. S. § 4-491(8)) (Importation and sales of alcohol) insofar as the section applies to the importation of alcohol and restricts sales in the manner provided by preserved provisions of the Liquor Code and the requirements of this subchapter;
Subsection (9) (47 P. S. § 4-491(9)) (Possession of alcohol) insofar as the subsection restricts the possession of alcohol to alcohol acquired in conformity with the preserved sections of the Liquor Code and the requirements of this subchapter;
Subsection (10) (47 P. S. § 4-491(10)) (Fortifying, adultering or contaminating liquor) except insofar as the subsection authorizes the Board to adopt new regulations;
Subsection (11) (47 P. S. § 4-491(11)) (Importation of liquor);
Subsection (12) (47 P. S. § 4-491(12)) (Delivery of liquor of certain licensees); and
Subsection (14) (47 P. S. § 4-491(14)) (Offering commission or gift to members of the Board or State employe).
Section 492 (47 P. S. § 4-492) (Unlawful acts relative to malt or brewed beverages and licensees) except as terminated by § 7.346.
Section 493 (47 P. S. § 4-493) (Unlawful acts relative to liquor, malt and brewed beverages and licensees) except as terminated by § 7.346.
Section 494 (47 P. S. § 4-494) (Penalties).
Section 495 (47 P. S. § 4-495) (Identification cards) insofar as the section permits the use of identification cards previously issued by the Board, allows the use of photo drivers’ license or identification cards issued by the Department of Transportation, requires licensees to maintain certain files, requires the presentation of identification cards or the completion of alternative identification certificates, declares certain acts to be unlawful and imposes penalties and provides certain defenses in civil and criminal prosecutions.
Section 497 (47 P. S. § 4-497) (Liability of licensees).
Section 501 (47 P. S. § 5-501) (License required).
Section 502 (47 P. S. § 5-502) (Exceptions) except as terminated by § 7.346.
Section 502.1 (47 P. S. § 5-502.1) (Production of denatured ethyl alcohol) insofar as the section permits certain persons to manufacture, distill, hold in storage or use denatured ethyl alcohol, requires the payment of an annual fee to the Commonwealth, restricts the sale of denatured ethyl alcohol, requires the maintenance of records and the filing of reports with the Commonwealth and establishes penalties for violations.
Section 503 (47 P. S. § 5-503) (Qualifications for license).
Section 504 (47 P. S. § 5-504) (Applications; filing fees) insofar as the section applies to the renewal of existing licenses and the issuance of new denatured ethyl alcohol licenses.
Section 505 (47 P. S. § 5-505) (Licenses issued) insofar as the section applies to the renewal of existing licenses.
Section 505.1 (47 P. S. § 5-505.1) (Bonded warehouse license privilege restrictions).
Section 505.2 (47 P. S. § 5-505.2) (Limited wineries) except as terminated by § 7.346.
Section 505.3 (47 P. S. § 5-505.3) (Distilleries) except as terminated by § 7.346.
Section 506 (47 P. S. § 5-506) (Bond required) except as terminated by § 7.346.
Section 507 (47 P. S. § 5-507) (Hearings upon refusal of licenses) insofar as the section provides for hearings regarding the renewal of licenses and establishes the procedure for such hearings.
Section 508 (47 P. S. § 5-508) (License fees).
Section 509 (47 P. S. § 5-509) (License must be posted; business hours) except as terminated by § 7.346.
Section 510 (47 P. S. § 5-510) (Containers to be labeled).
Section 511 (47 P. S. § 5-511) (License to specify each place authorized for use).
Section 512 (47 P. S. § 5-512) (Records to be kept) except as terminated by § 7.346.
Section 513 (47 P. S. § 5-513) (Premises and records subject to inspection) except as terminated by § 7.346.
Section 514 (47 P. S. § 5-514) (Suspension and revocation of licenses) insofar as the section provides for suspensions and revocations, requires hearings and bond forfeiture and establishes procedures for revocation and suspension proceedings.
Section 515 (47 P. S. § 5-515) (Appeals) insofar as the section establishes a procedure for appealing license suspensions, revocations or non-renewals.
Section 516 (47 P. S. § 5-516) (Compromise penalty in lieu of suspension) insofar as the section allows the Commonwealth to accept a compromise penalty.
Section 517 (47 P. S. § 5-517) (Expiration of license renewals) insofar as the section provides for the expiration and renewal of licenses and requires licensees to file with the Commonwealth notice of changes of corporate officers.
Section 518 (47 P. S. § 5-518) (Unlawful acts).
Section 519 (47 P. S. § 5-519) (Penalties) except as terminated by § 7.346.
Article VI, Subdivision (A) (47 P. S. § § 6-601—6-605) (Forfeitures) except insofar as the subdivision designates the Board as the agency with discretion regarding the initiation of forfeiture proceedings.
Article VI, Subdivision (B) (47 P. S. § 6-611) (Nuisances).
Section 701 (47 P. S. § 7-701) (Definitions and interpretation).
Section 702 (47 P. S. § 7-702) (Unlawful to act as a distillery certificate broker or to buy or sell distillery bonded warehouse certificate without permit).
Section 703 (47 P. S. § 7-703) (Authority to issue permits to distillery certificate brokers) insofar as the section deals with the renewal of previously issued permits.
Section 704 (47 P. S. § 7-704) (Application for permit; filing fee) insofar as the section applies to the renewal of permits, imposes fees, establishes application requirements and declares certain offenses to be a misdemeanor.
Section 705 (47 P. S. § 7-705) (Issuance of permits) insofar as the section establishes requirements for the renewal of permits.
Section 706 (47 P. S. § 7-706) (Office of place of business to be maintained).
Section 707 (47 P. S. § 7-707) (Permit fee, permits not assignable or transferrable; term of permit) except as terminated pursuant to § 7.346.
Section 708 (47 P. S. § 7-708) (Records to be kept) except as terminated pursuant to § 7.346.
Section 709 (47 P. S. § 7-709) (Renewal of permits) except as terminated pursuant to § 7.346.
Section 710 (47 P. S. § 7-710) (Permit hearings; appeals from refusal of the Board to issue or renew permits) insofar as the section authorizes hearings regarding the renewal of permits and establishes procedures for the conduct of hearings.
Section 711 (47 P. S. § 7-711) (Procedure of appeal; record to be certified; cost of preparing record; appeal to supreme court) except as terminated pursuant to § 7.346.
Section 712 (47 P. S. § 7-712) (Revocation and suspension of permit) except as terminated pursuant to § 7.346.
Section 722 (47 P. S. § 7-722) (Registered agents) except as terminated pursuant to § 7.346.
Section 723 (47 P. S. § 7-723) (Registration fee).
Section 724 (47 P. S. § 7-724) (Registration and issuance of identification card) except as terminated pursuant to § 7.346.
Section 725 (47 P. S. § 7-725) (Hearings upon refusal of Board; appeals) insofar as the section requires a hearing upon the nonrenewal of a distillery certificate brokers’ permit.
Section 726 (47 P. S. § 7-726) (Revocation and suspension of agents’ registrations) except as terminated pursuant to § 7.346.
Section 727 (47 P. S. § 7-727) (Identification cards) except as terminated pursuant to § 7.346.
Article VII, Subdivision (D) (47 P. S. § § 7.731—7.733) (Exemptions).
Section 741 (47 P. S. § 7-741) (Duties of Board) insofar as the duties specified in the section are transferred to another agency pursuant to this order.
Section 751 (47 P. S. § 7-751) (Penalties).
Section 801 (47 P. S. § 8-801) (Moneys paid into liquor license fund and returned to municipalities) insofar as the section requires fees to be paid into the Liquor License Fund, authorizes the payment of monies to certain municipalities and authorizes the use of monies in the fund for refunds.
Section 802 (47 P. S. § 8-802) (Moneys paid into the state stores fund for use of the Commonwealth).
Section 803 (47 P. S. § 8-803) (Alcohol tax moneys paid into General Fund).
Section 902 (47 P. S. § 9-902) (General repeal clause).
(10) Sections 201 and 204 of the Tax Reform Code of 1971 (72 P. S. § § 7101—10004).
Cross References This section cited in 4 Pa. Code § 7.342 (relating to phase-out plan); 4 Pa. Code § 7.345 (relating to continuation of licenses issued by the Board); and 4 Pa. Code § 7.346 (relating to terminated statutory functions and duties of the Board).
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