Section 7.32. Surrender of licenses for cancellation or transfer

(a) An individual, partnership, association or corporation may not hold more than one retail license of the same type to cover the same establishment.

(b) A retail licensee will not be granted a new retail license to cover an establishment for which he already holds a retail license of a different type. When an application for a new retail license of a different type is approved, the license then in effect in the name of the applicant for that establishment shall be surrendered to the Board for safekeeping.

(c) Except as provided by section 461(f) of the Liquor Code (47 P. S. § 4-461(f)), when an application for transfer of a retail license of a different type to premises already licensed is approved, the license then in effect in the name of the applicant for that establishment shall be surrendered to the Board before the issuance of the transferred license in the name of the applicant. In this case, the license surrendered to the Board, or a renewal thereof in possession of the Board, will be held available for the benefit of the licensee solely for transfer for up to 3 years from the date of surrender. When a transfer is not effected within the 3-year period, the license will automatically be cancelled with no refund of the license fee, or a portion thereof, unless the safekeeping period has been extended as set forth in section 474.1 of the Liquor Code (47 P. S. § 4-474.1). A transfer application pending at the expiration of the 3-year period may be processed to conclusion.

The provisions of this § 7.32 adopted June 26, 1952; amended through October 30, 1968; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2250. Immediately preceding text appears at serial pages (312243) to (312244).

Notation

Authority

The provisions of this § 7.32 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).