Section 474.1. Surrender of Restaurant, Eating Place Retail Dispenser, Hotel, Club, Catering Club, Importing Distributor and Distributor License for Benefit of Licensee. (Hdg. amended July 15, 2024, P.L.700, No.57)--(a) A restaurant, eating place retail dispenser, hotel, club, catering club, importing distributor and distributor licensee whose licensed establishment is not in operation for fifteen consecutive days shall return its license for safekeeping with the board no later than at the expiration of the fifteen-day period. The license may only be reissued from safekeeping in the manner set forth by the board through regulation. ((a) amended July 15, 2024, P.L.700, No.57)
(b) The board may hold the license in safekeeping for a period not to exceed two consecutive years. Any license remaining in safekeeping for more than two consecutive years shall be immediately revoked by the Bureau of Licensing unless a transfer application or request for reissue from safekeeping has been filed prior to the expiration of the two-year period or unless the board has approved a request to extend the safekeeping for an additional year as set forth in subsection (g). In addition, the board shall extend the period for an additional year if, at the end of the two-year period, the licensed premises are unavailable due to fire, flood or other similar natural disaster; no further extension beyond one additional year shall be granted by the board regardless of whether the licensed premises are unavailable due to fire, flood or other similar natural disaster unless an application is made as set forth in subsection (g). ((b) amended June 8, 2016, P.L.273, No.39)
(c) In the event a transfer application filed prior to the expiration of the two-year period is disapproved by the board, then the license may remain in safekeeping so long as the licensee has submitted and the board has approved a request to extend the safekeeping for an additional year as set forth in subsection (g). Such request must be submitted within thirty days of the board's decision notwithstanding any appeal filed in the matter; however, the fee set forth in subsection (g) shall be refunded if the board's decision is overturned. ((c) amended June 8, 2016, P.L.273, No.39)
(d) Any period of time in which the licensee allows the license to lapse by not filing a timely license renewal or license validation shall be considered time in which the license was held in safekeeping for purposes of this section.
(e) For purposes of this section, any license placed in safekeeping prior to February 7, 2004, shall be deemed to have been placed in safekeeping on February 7, 2004.
(f) ((f) deleted by amendment Nov. 29, 2006, P.L.1421, No.155).
(g) (1) A licensee whose license is subject to this section may, upon written request, apply to the board to allow the license to remain in safekeeping for an additional one year. The written request must be accompanied by a ten thousand dollar ($10,000) fee for licenses placed in safekeeping from counties of the first class, second class, second class A, third class and fourth class and a fee of five thousand dollars ($5,000) for licenses placed in safekeeping from counties of the fifth through eighth classes, except that the fees for clubs and catering clubs shall be five thousand dollars ($5,000) for licenses placed in safekeeping from counties of the first class, second class, second class A, third class and fourth class and one thousand dollars ($1,000) for licenses placed in safekeeping from counties of the fifth through eighth classes. For each subsequent year in safekeeping, the fees set forth in this paragraph shall be doubled over the amount charged for the previous year's fee. No fee shall be required if the licensee can prove that he or she is unable to use the license through no fault of his or her own, including a fire, flood or other event, which includes the inability to obtain an occupancy permit for the licensed premises from a municipality, that renders the licensed premises unusable. Factors such as another business operating at the licensed premises, the licensed business being no longer viable or other similar circumstances shall not justify a fee waiver. The board shall approve the request unless the license or licensee no longer meets the requirements of this act or the board's regulations. The fee collected shall be paid into the State Treasury through the Department of Revenue into the State Store Fund.
(2) (Reserved).
((g) amended July 15, 2024, P.L.700, No.57)
(474.1 amended Jan. 6, 2006, P.L.1, No.1 and Nov. 29, 2006, P.L.1421, No.155)
Compiler's Note: Section 13 of Act 57 of 2024 provided that all regulations and parts of regulations are abrogated to the extent of any inconsistency with Act 57.
Compiler's Note: See section 28 of Act 39 of 2016, which amended subsections (b), (c) and (g), for special provisions relating to the establishment of a Wine and Spirits Wholesale and Retail Privatization Commission.