§ 7.346. Terminated statutory functions and duties of the Board.
The continuation of the following functions and duties of the Board conflict irreconcilably with the termination of the Board and upon the termination of the Board, therefore, the following acts and parts of acts relating to the statutory functions and duties of the Board are terminated and cannot be enforced except to the extent otherwise provided by this subchapter.
(1) 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 Board to expend monies in the State Stores Fund and authorizes the Board to direct payments of monies in the fund.
(2) The act of December 20, 1933 (1933-34 Sp.Sess., P. L. 90, No. 16) (47 P. S. § § 744-908 and 744-909) insofar as the act limits transfers into the General Fund based upon the gross sales volume of State Stores.
(3) The act of June 9, 1936 (Ex. Sess., P. L. 13, No. 4) (47 P. S. § § 794 and 795) insofar as the act designates the Board as the Commonwealth agency responsible for collecting the tax.
(4) The act of June 24, 1939 (P. L. 806, No. 358) insofar as the act authorizes the Board to issue any new licenses.
(5) The Liquor Code as follows:
Section 104(c) (47 P. S. § 1-104(c)) (Interpretation of act) insofar as the section prohibits the manufacturer of and transactions in liquor except under the control of the Board.
Section 201 (47 P. S. § 2-201) (Appointment of members; terms; salaries).
Section 202 (47 P. S. § 2-202) (Qualifications of members).
Section 203 (47 P. S. § 2-203) (Chairman of Board).
Section 204 (47 P. S. § 2-204) (Secretary of Board).
Section 205 (47 P. S. § 2-205) (Bonds required of members and secretary).
Section 206 (47 P. S. § 2-206) (Board subject to Administrative Code).
Section 207 (47 P. S. § 2-207) (General powers of Board).
Section 208 (47 P. S. § 2-208) (Specific subjects on which Board may adopt regulations).
Section 209 (47 P. S. § 2-209) (Officers and investigators of the Board to be peace officers; powers) except as preserved by § 7.347 (relating to laws relating to alcoholic beverages and intoxicating liquors unaffected by the termination of the Board).
Article III (Pennsylvania Liquor Stores) (47 P. S. § § 3-301—3-306).
Section 401 (47 P. S. § 4-401) (Authority to issue liquor licenses to hotels, restaurants and clubs) insofar as the section authorizes the Board to issue new hotel, restaurant, club and caterers licenses.
Section 402 (47 P. S. § 4-402) (License districts; license year; hearings) insofar as the section authorizes the Board to establish license districts and license years and appoint hearing examiners.
Section 403 (47 P. S. § 4-403) (Applications for hotel, restaurant and club liquor licenses) insofar as the section authorizes the Board to receive and process new applications for licenses and to receive and process applications for the transfer of licenses.
Section 404 (47 P. S. § 4-404) (Issuance of hotel, restaurant and club liquor licenses) insofar as the section authorizes the Board to issue licenses.
Section 405 (47 P. S. § 4-405) (License fees) insofar as the section requires the transmittal of fees to the Board and authorizes the Board to impose penalties for dishonored checks.
Section 406.1 (47 P. S. § 4-406.1) (Secondary service area) insofar as the section authorizes the Board to review and approve secondary service areas.
Section 408 (47 P. S. § 4-408) (Public service liquor licenses) insofar as the section authorizes the Board to issue new public service licenses, revoke licenses and receive monthly reports from licensees.
Section 408.1 (47 P. S. § 4-408.1) (Trade show and convention licenses) insofar as the section authorizes the Board to issue licenses to new trade shows and convention centers in cities of the first or second class.
Section 408.2a (47 P. S. § 4-408.2a) (City-owned stadia) insofar as the section authorizes the Board to issue licenses to new stadia.
Section 408.3 (47 P. S. § 4-408.3) (Performing arts facilities) insofar as the section authorizes the Board to issue licenses to new performing arts facilities in cities of the first and second class.
Section 408.4 (47 P. S. § 4-408.4) (Special occasion permits) insofar as the section designates the Board as the Commonwealth agency authorized to issue 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 non-profit corporations in cities of the second class) insofar as the section authorizes the Board to issue licenses to new art museums.
Section 408.6 (47 P. S. § 4-408.6) (Performing arts facilities) insofar as the section authorizes the Board to issue licenses to new performing arts facilities in cities of the third class.
Section 408.7 (47 P. S. § 4-408.7) (Performing arts facilities) insofar as the Board is required to approve transfers of performing arts facility licenses in cities of the first and second class.
Section 408.8 (47 P. S. § 4-408.8) (Trade shows and convention licenses; cities of the third class) insofar as the section authorizes the Board to issue licenses to new trade shows and convention centers in cities of the third class.
Section 408.9 (47 P. S. § 4-408.9) (Stadium and restaurant licenses in third class cities) insofar as the section authorizes the Board to issue any new restaurant licenses.
Section 409 (47 P. S. § 4-409) (Sacramental wine license; fees; privileges; restrictions) insofar as the section authorizes the Board to issue new sacramental wine licenses and to revoke such licenses.
Section 410 (47 P. S. § 4-410) (Liquor importers’ licenses; fees; privileges; restrictions) insofar as the section authorizes the Board to issue new liquor importers’ licenses and warehouse permits, restricts sales to the Board and requires the consignment of shipments to the Board.
Section 431 (47 P. S. § 4-431) (Malt and brewed beverages manufacturers’, distributors’ and importing distributors’ licenses) insofar as the section authorizes the Board to issue new licenses and inspect licensees.
Section 432 (47 P. S. § 4-432) (Malt and brewed beverages retail licenses) insofar as the section authorizes the Board to issue new licenses and revoke or suspend licenses.
Section 433 (47 P. S. § 4-433) (Public service licenses) insofar as the section authorizes the Board to issue new public services licenses, revoke licenses and receive monthly reports.
Section 433.1 (47 P. S. § 4-433.1) (Stadium or arena permits) insofar as the section authorizes the Board to issue new special permits in certain classes of municipalities and school districts.
Section 434 (47 P. S. § 4-434) (License year) insofar as the section authorizes the Board to revise license renewal periods.
Section 435 (47 P. S. § 4-435) (Filing of applications for distributors’, importing distributors’ and retail dispensers’ licenses; filing fee) insofar as the section establishes procedures and filing applications for new licenses and requires applications for renewals or transfers to be filed with the Board.
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 for new licenses.
Section 437 (47 P. S. § 4-437) (Prohibitions against the grant of licenses) insofar as the section relates to the grant of new licenses.
Section 439 (47 P. S. § 4-439) (Malt or brewed beverage license fees) insofar as the section relates to new licenses and requires fees to be remitted to the Commonwealth through the Board.
Section 440 (47 P. S. § 4-440) (Sales by manufacturers of malt or brewed beverages; minimum quantities) insofar as the Board is authorized to approve new types of containers.
Section 444 (47 P. S. § 4-444) (Malt or brewed beverages manufactured outside this Commonwealth) insofar as the section authorizes the Board to issue new reciprocal regulations and orders and designates the Board as the agency responsible for the receipt of fees, seizure and disposal of contraband, conducting certain hearings, imposing fines and entering orders.
Section 461 (47 P. S. § 4-461) (Limiting number of retail licenses to be issued in each municipality) insofar as the section authorizes the Board to grant new retail licenses.
Section 461.1 (47 P. S. § 4-461.1) (Incorporated units of National Veterans’ Organizations) insofar as the section authorizes the Board to issue new licenses.
Section 462 (47 P. S. § 4-462) (Licensed places may be closed during period of emergency) insofar as the section empowers the Board to take certain actions.
Section 463 (47 P. S. § 4-463) (Places of amusement not to be licensed; penalty) insofar as the section authorizes the issuance of new licenses.
Section 464 (47 P. S. § 4-464) (Hearings upon refusal of licenses, renewals or transfers; appeals) insofar as the section deals with the issuance of new licenses and designates the Board as the agency responsible for conducting certain hearings.
Section 465 (47 P. S. § 4-465) (All licensees to furnish bond) insofar as the section deals with the issuance of new licenses and authorizes the Board to approve, accept, retain and order the forfeiture of bonds.
Section 466 (47 P. S. § 4-466) (Disposition of cash and securities upon forfeiture of bond) insofar as the section authorizes the Board to order the forfeiture of bonds.
Section 468 (47 P. S. § 4-468) (Licenses not assignable; transfers) insofar as the section designates the Board as responsible for reviewing, approving or disapproving the transfer of licenses.
Section 469 (47 P. S. § 4-469) (Applications for transfer; fees) insofar as the section requires the filing of applications with the Board and the payment of fees to the Commonwealth through the Board.
Section 470 (47 P. S. § 4-470) (Renewal of licenses; temporary provisions for licenses in armed service) insofar as the section designates the Board as the agency responsible for the receipt, processing, approval or disapproval of renewal applications and requires fees due the Commonwealth to be paid through the Board and requires bonds to be deposited with the Board.
Section 470.1 (47 P. S. § 4-470.1) (Renewal of hotel liquor licenses; special provisions) insofar as the section authorizes the Board to provide new special exemptions from renewal requirements not heretofore granted for specific licensees.
Section 471 (47 P. S. § 4-471) (Revocation and suspension of licenses; fines) insofar as the section authorizes the Board as the agency responsible for revoking or suspending licenses, conducting hearings and imposing fines.
Section 472 (47 P. S. § 4-472) (Local option) insofar as the section deals with the operation of State Stores.
Section 472.2 (47 P. S. § 4-472.2) (Granting of liquor licenses in certain municipalities) insofar as the section authorizes the Board to issue new licenses.
Section 472.3 (47 P. S. § 4-472.3) (Exchange of certain licenses) insofar as the section designates the Board as the agency responsible for exchanging certain licenses.
Section 474 (47 P. S. § 4-474) (Surrender of club licenses for benefit of licensees) insofar as the section designates the Board as the agency to which club licenses may be surrendered and which may revoke club licenses at the termination of the surrender period.
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 certain sales of liquor for off-premise consumption to State Stores and authorizes the Board to adopt new regulations;
Subsection (2) (47 P. S. § 4-491(2)) (Possession or transportation of liquor or alcohol) insofar as the subsection requires certain liquor and alcohol to be acquired only from State Stores;
Subsection (3) (47 P. S. § 4-491(3)) (Purchase of liquor or alcohol);
Subsection (4) (47 P. S. § 4-491(4)) (Possession and use of decanters) insofar as the subsection authorizes the Board to adopt new regulations;
Subsection (7) (47 P. S. § 4-491(7)) (Sales of liquor by manufacturers and licensed importers) insofar as the subsection restricts certain sales only to the Board and State Stores;
Subsection (8) (47 P. S. § 4-491(8)) (Importation and sales of alcohol) insofar as the subsection restricts certain sales only to the Board or State Stores;
Subsection (9) (47 P. S. § 4-491(9)) (Possession of alcohol) insofar as the subsection requires certain alcohol to be acquired from State Stores;
Subsection (10) (47 P. S. § 4-491(10)) (Fortifying, adulterating or contaminating liquor) insofar as the subsection authorizes the Board to adopt new regulations; and
Subsection (13) (47 P. S. § 4-491(13)) (Violation of certain rules and regulations of the Board).
Section 492 (47 P. S. § 4-492) (Unlawful acts relative to malt or brewed beverages and licensees) as follows:
Subsection (5) (47 P. S. § 4-492(5)) (Sales of malt or brewed beverages by hotels, eating places or public service licensees during prohibited hours) insofar as the subsection requires notice to the Board regarding daylight savings time;
Subsection (8) (47 P. S. § 4-492(8)) (Transportation of malt or brewed beverages) insofar as the subsection authorizes the Board to issue licenses and permits, requires fees payable to the Commonwealth to be paid through the Board and directs certain bonds to be deposited with the Board;
Subsection (10) (47 P. S. § 4-492(10)) (Importing or transporting malt or brewed beverages without tax stamps) insofar as the subsection authorizes the Board to issue new rules and regulations;
Subsection (11) (47 P. S. § 4-492(11)) (Delivery of malt or brewed beverages with other commodities) insofar as the subsection authorizes the Board to approve the delivery of certain commodities; and
Subsection (12) (47 P. S. § 4-492(12)) (Distributors and importing distributors engaging in other business) insofar as the subsection authorizes the Board to issue new rules and regulations.
Section 493 (47 P. S. § 4-493) (Unlawful acts relative to liquor, malt or brewed beverages and licensees) as follows:
Subsection (2) (47 P. S. § 4-493(2)) (Purchase or sale of liquor or malt or brewed beverages on credit) insofar as the subsection authorizes the Board to adopt new rules and regulations;
Subsection (9) (47 P. S. § 4-493 (9)) (Retail licensees furnishing free lunch, etc.) insofar as the subsection authorizes the Board to approve the sale of certain articles of food not heretofore approved or to adopt new rules and regulations;
Subsection (10) (47 P. S. § 4-493(10)) (Entertainment on licensed premises (except clubs); permits; fees) insofar as the subsection authorizes the Board to issue new entertainment permits and collect permit fees due the Commonwealth;
Subsection (12) (47 P. S. § 4-493(12)) (Failure to have records on premises) insofar as the subsection grants the Board access to licensed premises;
Subsection (13) (47 P. S. § 4-493(13)) (Retail licenses employing minors) insofar as the subsection authorizes the Board to adopt new rules and regulations;
Subsection (14) (47 P. S. § 4-493(14)) (Permitting undesirable persons or minors to frequent premises) insofar as the subsection requires notice of certain gatherings to be provided to the Board;
Subsection (21) (47 P. S. § 4-493(21)) (Refusing right of inspection) insofar as the subsection applies to the Board or its authorized employes; and
Subsection (25) (47 P. S. § 4-493(25)) (Employment of females in licensed premises) insofar as the subsection authorizes the Board to revoke or refuse licenses.
Section 495 (47 P. S. § 4-495) (Identification cards) insofar as the section authorizes the Board to issue new identification cards and allows the examination of files by any officer, agent or employe.
Section 496 (47 P. S. § 4-496) (Reporting of worthless checks) insofar as the section requires reports to be made to the Board.
Section 502 (47 P. S. § 5-502) (Exceptions) insofar as the section authorizes the Board to specify new types of exceptions.
Section 502.1 (47 P. S. § 5-502.1) (Production of denatured ethyl alcohol) insofar as the section requires annual registration fees due the Commonwealth to be paid through the Board and provides that required records and monthly production and utilization reports must be filed with the Board.
Section 504 (47 P. S. § 5-504) (Applications; filing fees) insofar as the section applies to the issuance of new licenses except for new denatured ethyl alcohol licenses.
Section 505 (47 P. S. § 5-505) (Licenses issued) insofar as the section applies to the issuance of new licenses.
Section 505.2 (47 P. S. § 5-505.2) (Limited wineries) insofar as the section authorizes the Board to enforce its rules and regulations and to adopt new rules and regulations.
Section 505.3 (47 P. S. § 5-505.3) (Distilleries) insofar as the section authorizes the Board to adopt new rules and regulations.
Section 506 (47 P. S. § 5-506) (Bonds required) insofar as the section provides that bonds, cash and securities in lieu of bonds and confessions of judgment required by the section must be filed with the Board and bonds may be forfeited by the Board.
Section 507 (47 P. S. § 5-507) (Hearings upon refusal of licenses) insofar as the section relates to the issuance of new licenses and designates the Board as the agency responsible for conducting hearings regarding license renewals.
Section 509 (47 P. S. § 5-509) (License must be posted; business hours) insofar as the section requires the issuance of licenses by the Board.
Section 512 (47 P. S. § 5-512) (Records to be kept) insofar as the section authorizes the Board to prescribe new record-keeping requirements or adopt new rules and regulations.
Section 513 (47 P. S. § 5-513) (Premises and records subject to inspection) insofar as the section designates the Board and persons designated or authorized by the Board as responsible for conducting inspections.
Section 514 (47 P. S. § 5-514) (Suspension and revocation of licenses) insofar as the section designates the Board as the agency responsible for the suspension and revocation of licenses and conducting hearings.
Section 516 (47 P. S. § 5-516) (Compromise penalty in lieu of suspension) insofar as the section designates the Board as the agency responsible for accepting compromise penalties.
Section 517 (47 P. S. § 5-517) (Expiration of licenses; renewals) insofar as the section designates the Board as the Commonwealth agency for renewing licenses and receiving reports regarding changes in officers of licensee corporations.
Section 519 (47 P. S. § 5-519) (Penalties) insofar as the section authorizes the Board to inspect or designate persons to inspect licensed activities.
Article VI, Subdivision (A) (Forfeitures) (47 P. S. § § 6-601—6-605) insofar as the subdivision designates the Board as the Commonwealth agency with discretion to initiate forfeiture proceedings.
Section 703 (47 P. S. § 7-703) (Authority to issue permits to distillery certificate brokers) insofar as the section authorizes the Board to issue new distillery certificate permits.
Section 704 (47 P. S. § 7-704) (Application for permit; filing fee) insofar as the section applies to applications for new permits and requires fees payable to the Commonwealth to be remitted through the Board.
Section 705 (47 P. S. § 7-705) (Issuance of permits) insofar as the section deals with the issuance of new permits and designates the Board as the Commonwealth agency responsible for renewing permits.
Section 707 (47 P. S. § 7-707) (Permit fee; permits not assignable; display of permit; term of permit) insofar as the section requires annual fees due the Commonwealth to be paid through the Board.
Section 708 (47 P. S. § 7-708) (Records to be kept) insofar as the section authorizes the Board to designate new record-keeping requirements and designates the Board as the Commonwealth agency responsible for inspecting records.
Section 709 (47 P. S. § 7-709) (Renewal of permits) insofar as the section designates the Board as the Commonwealth agency responsible for the renewal of permits.
Section 710 (47 P. S. § 7-710) (Permit hearings; appeals from refusal of the Board to issue or renew permits) insofar as the section deals with the issuance of new permits and designates the Board as the Commonwealth agency responsible for conducting hearings regarding the renewal of permits.
Section 711 (47 P. S. § 7-711) (Procedure of appeal; record to be certified; cost of preparing record; appeal to supreme court) insofar as the section designates the Board as the Commonwealth agency responsible for representing the Commonwealth in appeals, certifying the record and receiving the payment of certain costs.
Section 712 (47 P. S. § 7-712) (Revocation and suspension of permit) insofar as the section designates the Board as the Commonwealth agency responsible for the revocation or suspension of permits.
Section 722 (47 P. S. § 7-722) (Registered agents) insofar as the section designates the Board as the Commonwealth agency with which distillery certificate brokers shall register their agents.
Section 724 (47 P. S. § 7-724) (Registration and issuance of identification card) insofar as the section designates the Board as the Commonwealth agency responsible for registering the agents of distillery certificate brokers and issuing identification cards to such agents.
Section 725 (47 P. S. § 7-725) (Hearings upon refusal of the board; appeals) insofar as the section deals with the issuance of new licenses and designates the Board as the Commonwealth agency responsible for conducting hearings regarding the renewal of distillery certificate broker permits.
Section 726 (47 P. S. § 7-726) (Revocation and suspension of agents’ registrations) insofar as the section designates the Board as the Commonwealth agency responsible for the revocation or suspension of agents’ registrations.
Section 727 (47 P. S. § 7-727) (Identification cards) insofar as the section designates the Board as the Commonwealth agency responsible for issuing identification cards to agents, changing registrations, receiving certain notifications and receiving surrendered identification cards.
Section 741 (47 P. S. § 7-741) (Duties of Board) insofar as the section designates the Board as the Commonwealth agency responsible for the administration and enforcement of Article VII and conducting investigations.
Section 801 (47 P. S. § 8-801) (Monies paid into liquor license fund and returned to municipalities) insofar as the section designates the Board as the Commonwealth agency to which fees shall be paid and which shall make payments to municipalities and authorizes the Board to appropriate monies in the Liquor License Fund for refunds and to deduct from payments to municipalities certain amounts.
(6) The Commonwealth Attorneys Act (71 P. S. § § 732-101—732-506) insofar as the act designates the Board as an independent agency and pursuant to Chapter 4 (71 P. S. § § 732-401—732-403) authorizes the Board to appoint and fix the compensation of counsel, authorizes counsel of the Board to assume certain duties and powers and authorizes the Board to supersede and intervene in certain actions.
(7) Any other acts or parts of acts relating to the statutory functions and duties of the Board except insofar as the acts or parts thereof relate to rights vested or accrued prior to December 31, 1986, impose general penal provisions, restrictions or regulatory requirements, enact taxes or otherwise contain provisions the continuation of which is not irreconcilably inconsistent with the termination of the Board.
Cross References This section cited in 4 Pa. Code § 7.341 (relating to Alcoholic Beverage Control Coordinating Council); 4 Pa. Code § 7.342 (relating to phase-out plan); 4 Pa. Code § 7.343 (relating to divestment of State Stores and initial private licensing); and 4 Pa. Code § 7.347 (relating to laws relating to alcoholic beverages and intoxicating liquors unaffected by the termination of the Board).
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