47 Pa. Stat. § 4-472

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 4-472 - Local Option

(a) In any municipality or any part of a municipality where such municipality is split so that each part thereof is separated by another municipality, an election may be held, subject to subsection (c), not oftener than once in four years, to determine the will of the electors with respect to the granting of liquor licenses to hotels, restaurants, resort facilities and clubs, not oftener than once in four years, to determine the will of the electors with respect to the granting of liquor licenses to public venues, to performing arts facilities, to continuing care retirement communities, to hotels located on property owned by an accredited college or university, to privately-owned private golf courses or to privately-owned public golf courses, not oftener than once in four years, to determine the will of the electors with respect to the granting of licenses to retail dispensers of malt and brewed beverages, not oftener than once in four years, to determine the will of the electors with respect to granting of licenses to wholesale distributors and importing distributors, not more than once in two years, to determine the will of the electors with respect to the granting of club liquor licenses or club retail dispenser licenses to incorporated units of national veterans' organizations, not oftener than once in two years to determine the will of the electors with respect to the granting of special occasion permits to qualified organizations, not more than once in four years, to determine the will of the electors with respect to the establishment, operation and maintenance by the board of Pennsylvania liquor stores, within the limits of such municipality or part of a split municipality, or not more than once in two years, to determine the will of the electors with respect to the granting of liquor licenses to ski resort facilities, under the provisions of this act: Provided, that an election on the question of establishing and operating a state liquor store shall be initiated only in those municipalities, or that part of a split municipality that shall have voted against the granting of liquor licenses; and that an election on the question of granting wholesale distributor and importing distributor licenses shall be initiated only in those municipalities or parts of split municipalities that shall have at a previous election voted against the granting of dispenser's licenses. Except for a municipality or part of a split municipality located in a county of the second class a, whenever electors equal to at least twenty-five per centum of the highest vote cast for any office in the municipality or part of a split municipality at the last preceding general election shall file a petition with the county board of elections of the county for a referendum on the question of granting any of said classes of licenses or the establishment of Pennsylvania liquor stores, the said county board of elections shall cause a question to be placed on the ballots or on the voting machine board and submitted at any election. In a county of the second class a, whenever electors equal to at least twenty-five per centum of the highest vote cast for any office in a municipality or part of a split municipality at the last preceding general election, or whenever five hundred electors of a municipality or part of a split municipality, whichever is less, sign a petition for a referendum on the question of granting any of the said classes of licenses or the establishment of Pennsylvania liquor stores and file the petition with the county board of elections, the said county board of elections shall cause a question to be placed on the ballots or on the voting machine board and submitted at any election. Separate petitions must be filed for each question to be voted on. Said proceedings shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions, insofar as such provisions are applicable.

When the question is in respect to the granting of liquor licenses, it shall be in the following form:

Do you favor the granting of liquor licenses for the sale of liquor in...................................... Yes

Of.................................................... No

When the question is in respect to the granting of liquor licenses to resort facilities in those municipalities that do not already allow the retail sale of liquor, it shall be in the following form:

Do you favor the granting of liquor licenses to resort facilities for the sale of liquor in the............... Yes

Of.................................................... No

When the question is in respect to the granting of liquor licenses to ski resorts in those municipalities that do not already allow the retail sale of liquor, it shall be in the following form:

Do you favor the granting of liquor licenses to ski resort facilities for the sale of liquor in the Yes

................. Of................................ No

When the question is in respect to the granting of restaurant liquor licenses for use at public venues in those municipalities that do not already allow the retail sale of liquor, it shall be in the following form:

Do you favor the granting of liquor licenses to public venues for the sale of liquor in the................... Yes

Of.................................................... No

When the question is in respect to the granting of restaurant liquor licenses for use at performing arts facilities in those municipalities that do not already allow the retail sale of alcohol, it shall be in the following form:

Do you favor the granting of liquor licenses to performing arts facilities for the sale of liquor in the................................................... Yes

Of................................................... No

When the question is in respect to the granting of liquor licenses for hotels located on property owned by an accredited college or university in those municipalities that do not already allow the granting of liquor licenses, it shall be in the following form:

Do you favor the granting of liquor licenses to hotels on property owned by an accredited college or university in the..................................... Yes

Of................................................... No

When the question is in respect to the granting of liquor licenses, for privately-owned private golf courses, it shall be in the following form:

Do you favor the granting of liquor licenses for privately-owned private golf courses for the sale of liquor in.................... By........................ Yes

Of.................................................... No

When the question is in respect to the granting of liquor licenses, for privately-owned public golf courses, it shall be in the following form:

Do you favor the granting of liquor licenses for privately-owned public golf courses for the sale of liquor in.................... By........................ Yes

Of.................................................... No

When the question is in respect to the granting of liquor licenses to continuing care retirement communities in those municipalities that have not already approved the granting of liquor licenses, it shall be in the following form:

Do you favor the granting of liquor licenses for continuing care retirement communities in........................... By........................ Yes

Of.................................................... No

When the question is in respect to the granting of licenses to retail dispensers of malt and brewed beverages, it shall be in the following form:

Do you favor the granting of malt and brewed beverage retail dispenser licenses for consumption on premises where sold in the..................................... Yes

Of................................................... No

When the question is in respect to the granting of licenses to wholesale distributors of malt or brewed beverages and importing distributors, it shall be in the following form:

Do you favor the granting of malt and brewed beverage wholesale distributor's and importing distributor's licenses not for consumption on premises where sold in the................................................... Yes

Of.................................................... No

When the question is in respect to the granting of club liquor licenses to incorporated units of national veterans' organizations, it shall be in the following form:

Do you favor the granting of club liquor licenses to incorporated units of national veterans' organizations in the................................................. Yes

Of.................................................... No

When the question is in respect to the granting of club retail dispenser licenses to incorporated units of national veterans' organizations, it shall be in the following form:

Do you favor the granting of club retail dispenser licenses to incorporated units of national veterans' organizations in the................................... Yes

Of.................................................... No

When the question is in respect to the granting of special occasion permits allowing the sale of liquor by qualified organizations in municipalities that do not already allow the retail sale of liquor, it shall be in the following form:

Do you favor the granting of special occasion permits to allow the sale of liquor by qualified organizations in the................................................. Yes

Of.................................................... No

When the question is in respect to the granting of special occasion permits allowing the sale of malt or brewed beverages only by qualified organizations in municipalities that do not already allow the retail sale of malt or brewed beverages, it shall be in the following form:

Do you favor the granting of special occasion permits to allow the sale of malt or brewed beverages only by qualified organizations in the......................... Yes

Of.................................................... No

When the question is in respect to the establishment, operation and maintenance of Pennsylvania liquor stores it shall be in the following form:

Do you favor the establishment, operation and maintenance of Pennsylvania liquor stores in the................................................... Yes

Of................................................... No

When the question is in respect to the granting of liquor licenses to an airport authority in those municipalities that do not already allow the retail sale of liquor, it shall be in the following form:

Do you favor the granting of liquor licenses to an airport authority for the sale of liquor in the................................................... Yes

Of................................................... No

When the question is in respect to the granting of brewery licenses, it shall be in the following form:

Do you favor the granting of brewery licenses for the sale of malt or brewed beverages by the case, by the keg and by the glass for consumption on premises, plus the sale of wine and spirits by the glass for consumption on premises, in..................................................... Yes

By.................................................... No

When the question is in respect to the granting of brewery storage licenses, it shall be in the following form:

Do you favor the granting of brewery storage licenses for the sale of malt or brewed beverages by the case, by the keg and by the glass for consumption on premises, plus the sale of wine and spirits by the glass for consumption on premises, in............................ Yes

By.................................................... No

When the question is in respect to the granting of limited distillery licenses, it shall be in the following form:

Do you favor the granting of limited distillery licenses for the sale of spirits by the bottle to go and by the glass for consumption on premises, plus the sale of wine and malt or brewed beverages for consumption on premises, in........................................... Yes

By.................................................... No

When the question is in respect to the granting of additional licenses for board-approved limited distillery locations, it shall be in the following form:

Do you favor the granting of additional licenses for board-approved limited distillery locations for the sale of spirits by the bottle to go and by the glass for consumption on premises, plus the sale of wine and malt or brewed beverages for consumption on premises, in..................................................... Yes

By.................................................... No

When the question is in respect to the granting of limited winery licenses, it shall be in the following form:

Do you favor the granting of limited winery licenses for the sale of wine by the bottle to go and by the glass for consumption on premises, plus the sale of spirits and malt or brewed beverages for consumption on premises, in..................................................... Yes

By.................................................... No

When the question is in respect to the granting of additional licenses for board-approved limited winery locations, it shall be in the following form:

Do you favor the granting of additional licenses for board-approved limited winery locations for the sale of wine by the bottle to go and by the glass for consumption on premises, plus the sale of spirits and malt or brewed beverages for consumption on premises, in..................................................... Yes

By.................................................... No

In case of a tie vote, the status quo shall obtain. If a majority of the voting electors on any such question vote "yes," then liquor licenses shall be granted by the board to hotels, restaurants, ski resorts, resort facilities and clubs, or liquor licenses shall be granted by the board to public venues, to performing arts facilities, to continuing care retirement communities, to hotels located on property owned by an accredited college or university, to privately-owned private golf courses or to privately-owned public golf courses, or malt and brewed beverage retail dispenser licenses or wholesale distributor's and importing distributor's license for the sale of malt or brewed beverages shall be granted by the board, or club liquor licenses or club retail dispenser licenses shall be granted by the board to incorporated units of national veterans' organizations, or special occasion permits may be issued to qualified organizations, or the board may establish, operate and maintain Pennsylvania liquor stores, as the case may be, in such municipality or part of a split municipality, as provided by this act; but if a majority of the electors voting on any such question vote "no," then the board shall have no power to grant or to renew upon their expiration any licenses of the class so voted upon in such municipality or part of a split municipality; or if the negative vote is on the question in respect to the establishment, operation and maintenance of Pennsylvania liquor stores, the board shall not open and operate a Pennsylvania liquor store in such municipality or part of a split municipality, nor continue to operate a then existing Pennsylvania liquor store in the municipality or part of a split municipality for more than two years thereafter or after the expiration of the term of the lease on the premises occupied by such store, whichever period is less, unless and until at a later election a majority of the voting electors vote "yes" on such question.

(b) To be eligible for the local option under this section, the incorporated unit of a national veterans' organization must have been incorporated on or before a date ten years prior to the filing of its application after authorization under local option. In each municipality, licenses approved under the local option for incorporated units of national veterans' organizations may not exceed four.

(c) For the first year that the local option is authorized for the incorporated units of national veterans' organizations, the local option election for the incorporated units of national veterans' organizations may be held at the primary election preceding any election.

(d) Nothing in this section shall prohibit the board from approving:

(1) The transfer of a retail license from a municipality which has voted to prohibit the issuance of such a license to a location in another municipality in the same county that allows the issuance of that type of license.

(2) The renewal or transfer of a restaurant liquor license in a municipality which has voted to prohibit the issuance of such a license if:

(i) the license is located in a township of the second class within a county of the third class;

(ii) the license was originally issued prior to 1950; and

(iii) the premises have been licensed for at least fifty years.

(3) The renewal or transfer of a restaurant liquor license, an eating place retail dispenser license, a hotel license, a club license or a distributor license in a location in which two or more municipalities have merged and the resulting municipality prohibits the issuance of such licenses.

(e) An election may be held on the question of granting liquor licenses to resort facilities in municipalities that do not already allow the retail sale of liquor in subsection 472(a) at the primary election immediately following the effective date of this subsection and at each subsequent primary election, notwithstanding any referendum frequency restriction in this act to the contrary.

(e.1) A vote on the ballot question regarding the granting of liquor licenses that changes the municipality's status on that issue supersedes any earlier contrary votes on the granting of liquor licenses to public venues, performing arts facilities, hotels, golf courses, incorporated units of national veterans' clubs and special occasion permits. In addition, a vote on the ballot question regarding the granting of liquor licenses that changes the municipality's status on that issue supersedes any earlier contrary votes on the issuance of granting licenses to retail dispensers of malt and brewed beverages.

(f) For purposes of this section, "resort facilities" shall mean any hotel, restaurant or club located on property owned by or contiguous to a convention center that offers skiing, golf, hiking and horseback riding. The convention center itself must be located on property at least two thousand acres in size. The property may be located in more than one municipality or county.

47 P.S. § 4-472

Amended by P.L. TBD 2020 No. 21, § 3, eff. 5/21/2020.

Amended by P.L. TBD 2019 No. 48, § 1, eff. 8/31/2019.

Amended by P.L. TBD 2016 No. 166, § 11.3, eff. 1/14/2017.

Amended by P.L. TBD 2016 No. 39, § 18, eff. 8/7/2016.

Amended by P.L. 1007 2012 No. 116, § 6.1, eff. 9/3/2012.

1951, April 12, P.L. 90, art. IV, § 472. Amended 1952, Jan. 19, P.L. (1951) 2170, § 1; 1953, Aug. 19, P.L. 1061, § 1; 1953, Aug. 22, P.L. 1340, § 2; 1957, June 28, P.L. 419, § 1; 1980, July 11, P.L. 558, No. 117, § 4, effective in 60 days; 1986, May 2, P.L. 141, No. 44, § 3, imd. effective. Reenacted 1987, June 29, P.L. 32, No. 14, § 71, effective July 1, 1987. Amended 1994, Oct. 5, P.L. 537, No. 80, § 1, effective in 60 days; 1996, May 31, P.L. 312, No. 49, § 14, imd. effective; 1998, Feb. 18, P.L. 162, No. 25, § 5, imd. effective; 1999, Nov. 10, P.L. 514, No. 47, § 9, imd. effective; 2000, Dec. 20, P.L. 992, No. 141, § 13, effective in 60 days; 2002, Feb. 21, P.L. 103, No. 10, § 13, imd. effective; 2002, Dec. 9, P.L. 1653, No. 212, § 19, effective in 60 days; 2011, June 28, P.L. 55, No. 11, § 11, imd. effective.