40 Pa. Code § 5.31 - Amusement permit
(a)
Requirements.
(1) Under
section 493(10) of the Liquor Code (47 P. S. §
4-493(10)), the Board may
issue an amusement permit authorizing dancing, theatricals, floor shows and
motion picture exhibitions in licensed premises, or in another place operated
in connection therewith, to the holder of a retail liquor or retail dispenser
license, except clubs, upon proper application and payment of the required
fee.
(2) An application for an
amusement permit may be filed with the Board at any time during the license
period. Amusement permits expire with the license. Amusement permits may be
extended at license validation unless the permit is revoked or subject to
suspension.
(3) An amusement permit
may be denied to a licensee against whom revocation or criminal proceedings are
pending or to a licensee who, in the Board's opinion, has failed to conduct the
licensed premises in accordance with the laws of the Commonwealth. A licensee
denied an amusement permit may appeal the decision of the Board by requesting a
hearing before the Board within 20 days of notice of denial.
(4) An amusement permit may not be assigned.
When the retail liquor or retail dispenser license of the licensee is
transferred by the Board from one person to another, or from one place to
another, the amusement permit held by the licensee may be transferred in like
manner upon the payment of a filing fee of $10.
(5) An amusement permit is not required for
television devices, audio/video playback devices, radio, instrumental music,
games or events/tournaments/contests.
(b)
Suspension or revocation of an
amusement permit.
(1) The Office of
Administrative Law Judge, upon sufficient cause shown that a licensee holding
an amusement permit, or a partner, officer, director, servant, agent or employe
of the licensee, has permitted in the licensed premises a violation of the
Liquor Code or this title, or upon other sufficient cause shown, may, upon due
notice and proper hearing being given to the licensee, suspend or revoke the
permit.
(2) The Office of
Administrative Law Judge, upon sufficient cause shown that a licensee holding
an amusement permit, or a partner, officer, director, servant, agent or employe
of the licensee, is guilty of, or pleads guilty to a violation of the laws of
the Commonwealth before a court may after hearing suspend or revoke the
amusement permit of the licensee upon the receipt of a transcript of the record
in that proceeding.
(3) The action
of the Office of Administrative Law Judge in suspending or revoking an
amusement permit is final. A new amusement permit will not be approved until
the expiration of 1 year from the date of revocation.
(c)
Revocation/suspension of a
permit. If the liquor or malt or brewed beverage license is revoked or
suspended, for whatever reason, the amusement permit of the licensee will be
similarly automatically revoked or suspended. There will be no refund made nor
credit given for the unused portion of the fee paid for the permit, upon
suspension or revocation.
Notes
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