act-1939-0-358•Pennsylvania Act 1939-358 — LIMITING NUMBER OF LIQUOR LICENSES
Pennsylvania Act 1939-358 — LIMITING NUMBER OF LIQUOR LICENSES
act-1939-0-3581939 Pa. Act 358Law
Act text
LIMITING NUMBER OF LIQUOR LICENSES
Act of Jun. 24, 1939, P.L. 806, No. 358 Cl. 47
AN ACT
Limiting the number of licenses for the retail sale of liquor,
malt or brewed beverages, or malt and brewed beverages, to be
issued by the Pennsylvania Liquor Control Board; defining
hotels, and prescribing the accommodations required of hotels
in certain municipalities.
Compiler's Note: This act was repealed April 12, 1951,
P.L.90, No.21, except insofar as the provisions of
section 1, as amended, shall apply to hotel licenses
granted prior to September 1, 1949, or granted on any
application made and pending prior to said date, or to
any renewal or transfer of such licenses, or to hotels
under construction or for which a bona fide contract had
been entered into for construction prior to said date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Definitions.--The word "hotel," as used in this
act, shall mean any reputable place operated by a responsible
person of good reputation, where the public may, for a
consideration, obtain sleeping accommodations; at least one-half
of the required number of bed-seven days weekly, except in
resort areas; at least one-rooms shall be regularly available to
transient guests third of such bedrooms shall be equipped with
hot and cold water, a lavatory, commode, bathtub or shower, and
a clothes closet; and an additional one-third of the total of
such required rooms shall be equipped with lavatory and
commode--
(a) In municipalities having a population of less than three
thousand, shall have at least twelve permanent bedrooms for the
use of guests;
(b) In municipalities having a population of three thousand
and more but less than ten thousand inhabitants, shall have at
least sixteen permanent bedrooms for the use of guests;
(c) In municipalities having a population of ten thousand
and more but less than twenty-five thousand inhabitants, shall
have at least thirty permanent bedrooms for the use of guests;
(d) In municipalities having a population of twenty-five
thousand and more but less than one hundred thousand
inhabitants, shall have at least forty permanent bedrooms for
the use of guests; and
(e) In municipalities having a population of one hundred
thousand or more inhabitants, shall have at least fifty
permanent bedrooms for the use of guests.
All such hotels shall have a public dining room or rooms,
operated by the same management, accommodating at least thirty
persons at one time, and a kitchen apart from the dining room or
rooms in which food is regularly prepared for the public.
The word "person" shall mean every natural person,
association or corporation.
The word "municipality" shall mean any city, borough,
incorporated town, or township.
The term "bedrooms" shall mean bedrooms each of which shall
have an area of not less than eighty square feet and an outside
window.
(1 amended May 9, 1949, P.L.964, No.273)
Compiler's Note: Section 2 of Act 273 of 1949, which amended
section 1, provided that the provisions of Act 273 shall
not apply to hotel licenses heretofore granted or that
may hereafter be granted on any application made and
pending prior to the effective date of Act 273 nor to any
renewal or transfer thereof, or hotels under construction
or for which a bona fide contract has been entered into
for construction prior to the effective date of Act 273.
Section 2. No licenses shall hereafter be granted by the
Pennsylvania Liquor Control Board for the retail sale of malt or
brewed beverages, or the retail sale of liquor and malt or
brewed beverages, in excess of one of such licenses, of any
class, for each one thousand inhabitants or fraction thereof, in
any municipality, exclusive of licenses granted to hotels, as
defined in this act, and clubs; but at least one such license
may be granted in each municipality, except in municipalities
where the electors have voted against the granting of any retail
licenses. Nothing contained in this section shall be construed
as denying the right to the Pennsylvania Liquor Control Board to
renew or to transfer existing retail licenses of any class,
notwithstanding that the number of such licensed places in a
municipality shall exceed the limitation hereinbefore
prescribed; but where such number exceeds the limitation
prescribed by this act, no new license, except for hotels as
defined in this act, shall be granted so long as said limitation
is exceeded.
Section 3. The Pennsylvania Liquor Control Board shall have
the power to increase the number of licenses in any such
municipality which, in the opinion of the board, is located
within a resort area.
Section 4. All acts and parts of acts inconsistent herewith
are hereby repealed.
Section 5. This act shall become effective immediately upon
final enactment.
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