Section 4-470 - Renewal of licenses; temporary provisions for licensees in armed service(a)(1) All applications for validation or renewal of licenses under the provisions of this article shall be filed at least sixty days before the expiration date of same, along with tax clearance from the department of revenue and the department of labor and industry , the requisite license and filing fees, and, except as provided under paragraph (2), shall include an application surcharge of seven hundred dollars ($700.00): Provided, however, that the board, in its discretion, may accept nunc pro tunc a renewal application filed less than sixty days before the expiration date of the license with the required fees, upon reasonable cause shown and the payment of an additional filing fee of one hundred dollars ($100.00) for late filing: And provided further, that except where the failure to file a renewal application on or before the expiration date has created a license quota vacancy after said expiration date which has been filled by the issuance of a new license, after such expiration date, but before the board has received a renewal application nunc pro tunc within the time prescribed herein the board, in its discretion, may, after hearing, accept a renewal application filed within two years after the expiration date of the license with the required fees upon the payment of an additional filing fee of two hundred fifty dollars ($250.00) for late filing. Where any such renewal application is filed less than sixty days before the expiration date, or subsequent to the expiration date, no license shall issue upon the filing of the renewal application until the matter is finally determined by the board and if an appeal is taken from the board's action the courts shall not order the issuance of the renewal license until final determination of the matter by the courts. The board may enter into an agreement with the applicant concerning additional restrictions on the license in question. If the board and the applicant enter into such an agreement, such agreement shall be binding on the applicant. Failure by the applicant to adhere to the agreement will be sufficient cause to form the basis for a citation under section 471 and for the nonrenewal of the license under this section. A renewal application will not be considered filed unless accompanied by the requisite filing and license fees and any additional filing fee required by this section. Unless the board shall have given ten days' previous notice to the applicant of objections to the renewal of his license, based upon violation by the licensee or his servants, agents or employes of any of the laws of the commonwealth or regulations of the board relating to the manufacture, transportation, use, storage, importation, possession or sale of liquors, alcohol or malt or brewed beverages, or the conduct of a licensed establishment, or unless the applicant has by his own act become a person of ill repute, or unless the premises do not meet the requirements of this act or the regulations of the board, the license of a licensee shall be renewed. Notwithstanding any other provision of this act, a noise violation shall not be the sole basis for objection by the board to the renewal of a license unless the licensee has received three prior adjudicated noise citations within a twenty-four-month period.(2) An application for validation or renewal of a restaurant, club or catering club license held by a volunteer fire company, incorporated unit of a national veterans' organization or an affiliated organization of an incorporated unit of a national veterans' organization, affiliated organization of an incorporated unit of a national veterans' organization or affiliated organization of a national veterans' association shall not be subject to the seven hundred dollar ($700.00) surcharge under paragraph (1).(a.1) The Director of the Bureau of Licensing may object to and the board may refuse a properly filed license application: (1) if the licensee, its shareholders, directors, officers, association members, servants, agents or employes have violated any of the laws of this Commonwealth or any of the regulations of the board;(2) if the licensee, its shareholders, directors, officers, association members, servants, agents or employes have one or more adjudicated citations under this or any other license issued by the board or were involved in a license whose renewal was objected to by the Bureau of Licensing under this section;(3) if the licensed premises no longer meets the requirements of this act or the board's regulations; or(4) due to the manner in which this or another licensed premises was operated while the licensee, its shareholders, directors, officers, association members, servants, agents or employes were involved with that license. When considering the manner in which this or another licensed premises was being operated, the board may consider activity that occurred on or about the licensed premises or in areas under the licensee's control if the activity occurred when the premises was open for operation and if there was a relationship between the activity outside the premises and the manner in which the licensed premises was operated. The board may take into consideration whether any substantial steps were taken to address the activity occurring on or about the premises.(a.2) The board shall only refuse to renew a license application if the bureau of licensing gives the applicant at least ten days' notice, stating the basis for the objection; otherwise, the board must renew the license after receiving a properly filed renewal application.(a.3) If the objection to the application is based on the reputation, criminal history, citation history or activity of one or more of the applicant's shareholders, directors, officers, association members, servants, agents or employes and not on the reputation, criminal history, citation history or activity attributable to the applicant, the board shall order the divestiture of the shareholders, directors, officers, association members, servants, agents or employes in question, in lieu of refusing the application. If such divestiture does not occur within thirty (30) days of the board's order, then the board may refuse the application.(b) In cases where a licensee or its servants, agents or employes are arrested or charged with violating any of the laws of this Commonwealth or if a licensee has one or more unadjudicated citations pending against the licensee at the time a renewal application for the license is pending before the board, the board may, in its discretion, renew the license; however, the renewed license may be subsequently revoked by the board if and when the licensee or its servants, agents or employes are convicted of the pending criminal charges or when the citation issued against the license is adjudicated by the Office of Administrative Law Judge. In the event the renewal license is revoked by the board, neither the license fee paid for the license nor any part thereof shall be returned to the licensee.
(c) If the application for renewal of a license is for a license or permit issued under former section 408.1, 408.2, 408.3, 408.5, 408.6, 408.7, 408.8, 408.9, 408.10, 408.11, 408.14, 408.15 or 433.1 and if the applicant has met all requirements that would have been necessary to renew the license or permit, the board shall issue either a public venue restaurant liquor license or a performing arts facility restaurant liquor license to replace the expired license or permit.Amended by P.L. TBD 2022 No. 67, § 2, eff. 7/11/2022.Amended by P.L. TBD 2020 No. 29, § 3, eff. 8/4/2020.Amended by P.L. TBD 2016 No. 39, § 17.2, eff. 8/7/2016.1951, April 12, P.L. 90, art. IV, § 470. Amended 1969, Aug. 1, P.L. 219, § 1. Reenacted and amended 1987, June 29, P.L. 32, No. 14, § 68, effective 7/1/1987. Amended 1994, April 29, P.L. 212, No. 30, § 15, effective in 60 days; 1998, June 18, P.L. 664, No. 86, § 13, effective in 60 days; 1998, Dec. 21, P.L. 1202, No. 155, § 17, imd. effective; 2000, Dec. 20, P.L. 992, No. 141, § 10.3, effective in 60 days; 2002, Dec. 9, P.L. 1653, No. 212, § 17, effective in 60 days; 2004, Dec. 8, P.L. 1810, No. 239, § 6, effective 2/7/2005; 2011, Dec. 22, P.L. 530, No. 113, § 14, imd. effective.