40 Pa. Code Subchapter D. Photographs And Criminal History Record Information Checks

Pennsylvania Code

Subchapter D. PHOTOGRAPHS AND CRIMINAL HISTORY RECORD INFORMATION CHECKS

PHOTOGRAPHS

Sec.

3.31.    Personal photographs.
3.32.    Photographs of premises.
3.33.    [Reserved].
CRIMINAL HISTORY RECORD INFORMATION CHECKS

3.35.    Persons from whom criminal history record information checks are required.
3.36.    [Reserved].
3.37.    Failure to comply.
PHOTOGRAPHS

§ 3.31. Personal photographs.

(a)  A photograph shall be furnished to the Board’s representative by the following:
   (1)  Individuals; members of partnerships; and principal officers of a corporation applying for Retail Liquor Licenses, Retail Dispenser Malt Beverage Licenses, Distributor Licenses and Importing Distributor Licenses, except Public Service and Club Licenses.
   (2)  Current managers/stewards and proposed managers/stewards.
(b)  The photograph shall:
   (1)  Be 1 1/2 inches square and unmounted with a matte finish.
   (2)  Bear the name of the individual and the address of the licensed premises.
   (3)  Be taken within 60 days of the date submitted.

Source

   The provisions of this §  3.31 adopted June 26, 1952; amended June 3, 1977, effective June 4, 1977, 7 Pa.B. 1480; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337. Immediately preceding text appears at serial page (234057).
§ 3.32. Photographs of premises.

(a)  Applications for new Retail Liquor or Retail Dispenser Malt Beverage Licenses and applications for transfer thereof, except Public Service Licenses, shall be accompanied by two photographs of the premises proposed to be licensed.
(b)  One photograph shall be a view of the exterior of the building, showing the street number, if any.
(c)  One photograph shall be a view of the main serving room.
(d)  Applications for new Distributor and Importing Distributor Licenses and applications for transfer thereof shall be accompanied by one photograph each of the exterior of the principal place of business and additional storage warehouses, showing the street number, if any.
(e)  Photographs shall:
   (1)  Be at least 4 by 6 inches in size with a matte finish.
   (2)  Unmounted.
   (3)  Bear the name of the applicant and address of the establishment on the reverse.
(f)  Where a material physical change is made to the exterior or interior of the licensed premises after the license has been issued, new photographs will be required.

Source

   The provisions of this §  3.32 adopted June 26, 1952; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205121) to (205122).
§ 3.33. [Reserved].

Source

   The provisions of this §  3.33 adopted June 26, 1952; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; reserved December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337. Immediately preceding text appears at serial page (234058).
CRIMINAL HISTORY RECORD INFORMATION CHECKS

§ 3.35. Persons from whom criminal history record information checks are required.

(a)  The following shall submit a criminal history record information check to the Board under 18 Pa.C.S. § §  9101—9183 (relating to the Criminal History Record Information Act):
   (1)  Applicants for a new license.
   (2)  Applicants for the transfer of a license.
   (3)  The applicant’s officers or directors, or both, where the applicant for a new license or the transfer of a license is a corporation, club, association or other business entity.
   (4)  Persons identified in a change of officers, directors, or stockholders required to be reported by §  5.91 (relating to required report).
   (5)  A person reported to the Board as having been appointed a manager as required by §  5.23 (relating to appointment of managers).
   (6)  [Reserved].
(b)  The required criminal history record information check shall accompany the application or notice of change. Upon good cause shown, the Board may accept the criminal history record information check at a later date.

Source

   The provisions of this §  3.35 adopted October 11, 1965; amended March 21, 1986, effective May 21, 1986, 16 Pa.B. 954; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205122) to (205123).

Cross References

   This section cited in 40 Pa. Code §  3.37 (relating to failure to comply); and 40 Pa. Code §  5.23 (relating to appointment of managers).
§ 3.36. [Reserved].

Source

   The provisions of this §  3.36 adopted October 11, 1965; amended October 15, 1976, effective October 16, 1976, 6 Pa.B. 2570; amended March 21, 1986, effective May 21, 1986, 16 Pa.B. 954; reserved August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial page (205123).

Cross References

   This section cited in 40 Pa. Code §  3.37 (relating to failure to comply).
§ 3.37. Failure to comply.

Failure to comply with §  3.35 (relating to persons from whom criminal history record information checks are required) will be sufficient cause for refusal to grant, transfer or renew a license or for the issuance of a citation to show cause why a license may not be suspended or revoked.

Source

   The provisions of this §  3.37 adopted October 11, 1965; amended March 21, 1986, effective May 21, 1986, 16 Pa.B. 954; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432. Immediately preceding text appears at serial pages (205123) to (205124).

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