Section 2. From and after a period of six months after the effective date of this act, it shall be unlawful for any proprietor to conduct or operate a public eating or drinking place without first obtaining a license for each establishment, as herein provided. Such license shall be issued by the health authorities of cities, boroughs, incorporated towns and first- class townships, and, if electing to issue licenses under this act, second class townships and second class townships which have adopted a home rule charter, whenever such public eating or drinking place is located in a city, borough, incorporated town or township not under the jurisdiction of a county department of health or joint-county department of health, or by the county department of health or joint-county department of health whenever such public eating or drinking place is located in a political subdivision which is under the jurisdiction of a county department of health or joint-county department of health, or in those townships of the second class which are not under the jurisdiction of a county department of health or joint-county department of health and which do not elect to issue licenses under this act, by the department. No license shall be issued until inspection of the premises, facilities and equipment has been made by the licensor, and they are found adequate to the protection of the public health and comfort of patrons. No license shall be issued until the proprietor exhibits proof that he has applied for or received a sales and use tax license or exemption certificate from the Department of Revenue. The fee for such license shall be one dollar ($1.00) or as established by ordinance of the governing body or by State law and shall be paid into the city, borough, incorporated town, township or county treasury, or to the State Treasury through the Department of Revenue, depending upon the location of such public eating or drinking place. The license shall be renewed annually.
Whenever any proprietor maintains more than one public eating or drinking place within the Commonwealth, he shall be required to apply for and procure a license for each eating or drinking place.
(2 amended June 25, 1992, P.L.318, No.62)
Compiler's Note: Section 6(a) of Act 48 of 1981, which
provided for the fixing of fees charged by administrative
agencies, provided that section 2 is repealed insofar as
it establishes a set fee for any activity inconsistent
with the fees set forth in Act 48.