40 Pa. Code § 7.10 - Conversion of suspension to fine
(a)
When a license application for transfer is pending and the transferor has an
outstanding license suspension imposed by the Office of Administrative Law
Judge that has not yet been served and cannot be served because the premises is
not in operation, the transferee shall either serve the suspension upon the
approval of the transfer, or request that the suspension be converted to a fine
to be paid by the transferee upon the approval of the transfer.
(b) If the transferee prefers to pay a fine
instead of serving a suspension, it shall make a request to the Office of Chief
Counsel that a fine be set by the Board.
(c) For purposes of making a determination as
to the amount of the fine, the transferee's request to the Office of Chief
Counsel shall include the following:
(1) A
letter requesting that a fine be set instead of the suspension.
(2) A statement that the transferor cannot
serve the suspension because the premises is not in operation.
(3) The transferor's Federal tax return for
its last year of operation, showing the licensed business's profit or
loss.
(4) The number of days the
transferor was open in its last year of operation.
(5) A copy of the administrative law judge's
adjudication and order that resulted in the suspension. This document is
obtainable from the Office of Administrative Law Judge.
(d) The fine will be calculated by
application of the following formula: Gross earnings of the transferor divided
by 365 (or the number of days in operation in the transferor's last year of
operation) multiplied by 0.50. The resulting figure is the amount of the fine
per day of suspension, subject to the following exceptions:
(1) If the suspension was issued for a
citation for which the minimum fine, if a fine had been imposed, is $50, a
minimum fine of $1,000 per day will be set.
(2) If the suspension was issued for a
citation for which the minimum fine, if a fine had been imposed, is $1,000, a
minimum fine of $3,000 per day will be set.
(e) The Board may set a fine in the absence
of one or more of the documents described in subsection (c)(1)-(5). The Office
of Chief Counsel may request additional financial documents.
(f) The Board will act on the request by
accepting the request and setting the amount of the fine, or rejecting the
request, or making a counteroffer and informing the transferee of its decision
in writing.
(g) If the transferee
rejects the Board's decision, the original suspension will remain in effect, to
be served by the transferee if the transfer is approved.
(h) If after the Board approves a conversion
to a fine, the transfer application is denied, the Board's decision regarding
the suspension conversion to a fine is rendered a nullity and the unserved
suspension remains in effect for the transferor.
Notes
The provisions of this § 7.10 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
This section cited in 40 Pa. Code § 15.62 (relating to suspensions and revocations).
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