§ 7.33. Sheriff’s sale of a liquor license.
When a license is subject to a writ of execution the following apply:
(1) Any writ of execution must identify the liquor license by type and number, and may be filed in any county where jurisdiction would be appropriate. The Board may not be listed as garnishee. Notification to the Board upon the filing of a writ of execution is not required.
(2) Sheriff’s seizure of the original license is not required. Licenses seized must be sent to the Bureau of Licensing for safekeeping within 15 days of seizure. If the debtor satisfies the judgment prior to sale, the sheriff may return the original license to the named licensee.
(3) Licenses may not be transferred without Board approval. Purchase at a sheriff’s sale is not a transfer of the license but instead, only grants to purchaser the right to apply for the transfer of the license. Prospective purchases of a license are subject to the following conditions:
(i) Any sale of a license is subject to approval by the Board. Renewal and transfer applications may be obtained from the Bureau of Licensing.
(ii) The Board’s Bureau of Licensing will be provided with the purchaser’s current address immediately upon purchase.
(iii) A license validation or renewal application must be filed 60 days prior to the expiration date of the license. See section 470 of the Liquor Code (47 P.S. § 4-470). If filed later than that date, or within 2 years after the expiration, a late filing fee will be assessed for the renewal application.
(iv) It shall be the purchaser’s responsibility to review all letters from the Board and to take all necessary steps to validate, renew or transfer the license in a timely manner.
(v) Licenses not renewed within 2 years after expiration will cease to exist and will not be reactivated.
(vi) Transfer, validation or renewal of the license will not be approved without tax clearance certificates from the Departments of Revenue and Labor and Industry for both the previous license holder and the purchaser. See section 477 of the Liquor Code (47 P.S. § 4-477).
(vii) Any pending citations issued against the license shall be satisfied prior to transfer.
(4) The purchaser shall obtain the seal of the sheriff or the prothonotary on Board transfer or renewal applications in lieu of the signature of the previous license holder. The sheriff’s bill of sale and writ of execution shall accompany the transfer or renewal application when filed.
Source The provisions of this § 7.33 adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139.
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