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  3. DUT-PA-018

Ex. DUT-PA-018 Standing duty Primary source read

Statute (Liquor Code, Act of Apr. 12, 1951, P.L. 90, No. 21, sec. 471)

Liquor Code section 471, Revocation and Suspension of Licenses; Fines

General Assembly of the Commonwealth of Pennsylvania · Pennsylvania (State)

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The record

Jurisdiction
Pennsylvania
Level
State
Authority
Police power of the Commonwealth; Twenty-first Amendment
Issued
1951-04-12 Apr. 12, 1951
Effective
Standing law throughout 2020 and 2021 (read as 1951-04-12)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 12, 1951 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureAlcohol and barsStanding duty
Addressees
  • specified businesses: liquor licensees
Character
order penalty
Collection
Standing duties: Pennsylvania DUT-PA

Operative words

Upon learning of any violation of this act or any laws of this Commonwealth relating to liquor, alcohol or malt or brewed beverages, or of any regulations of the board adopted pursuant to such laws,... or upon any other sufficient cause shown, the enforcement bureau may... cite such licensee to appear before an administrative law judge

Penalty

sec. 471(b): on proof of 'any such violation... or for other sufficient cause,' the administrative law judge 'shall immediately suspend or revoke the license, or impose a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or both'; suspension for non-payment within twenty days

What it required

Gave the Bureau of Liquor Control Enforcement (Pennsylvania State Police) the standing power to cite every liquor licensee (restaurants, bars, hotels, clubs, distributors) for violations of law or 'any other sufficient cause,' with mandatory suspension, revocation or fine on proof; this was the licensing vehicle through which the dine-in closure, occupancy, alcohol-service and mitigation orders (PA-002, PA-016, PA-023, PA-077) were enforced against licensees.

Retrieval note

The Commonwealth's enforcement guidance (Ex. DUT-PA-010) lists Liquor Code suspension and revocation among the penalties available ('The right to suspend and revoke licenses granted under this article shall be in addition to the penalty set forth in this section'). Act 21 of 2020 (PA-075) and the PLCB FAQ (PA-105) are the licensing-side companions already in the library.