40 Pa. Code § 7.33 - Sheriff's sale of a liquor license
When a license is subject to a writ of execution the following apply:
(1) Any writ of
execution must identify the liquor license by type and number, and may be filed
in any county where jurisdiction would be appropriate. The Board may not be
listed as garnishee. Notification to the Board upon the filing of a writ of
execution is not required.
(2)
Sheriff's seizure of the original license is not required. Licenses seized must
be sent to the Bureau of Licensing for safekeeping within 15 days of seizure.
If the debtor satisfies the judgment prior to sale, the sheriff may return the
original license to the named licensee.
(3) Licenses may not be transferred without
Board approval. Purchase at a sheriff's sale is not a transfer of the license
but instead, only grants to purchaser the right to apply for the transfer of
the license. Prospective purchases of a license are subject to the following
conditions:
(i) Any sale of a license is
subject to approval by the Board. Renewal and transfer applications may be
obtained from the Bureau of Licensing.
(ii) The Board's Bureau of Licensing will be
provided with the purchaser's current address immediately upon
purchase.
(iii) A license
validation or renewal application must be filed 60 days prior to the expiration
date of the license. See section 470 of the Liquor Code (47 P. S. §
4-470). If filed later than that date, or
within 2 years after the expiration, a late filing fee will be assessed for the
renewal application.
(iv) It shall
be the purchaser's responsibility to review all letters from the Board and to
take all necessary steps to validate, renew or transfer the license in a timely
manner.
(v) Licenses not renewed
within 2 years after expiration will cease to exist and will not be
reactivated.
(vi) Transfer,
validation or renewal of the license will not be approved without tax clearance
certificates from the Departments of Revenue and Labor and Industry for both
the previous license holder and the purchaser. See section 477 of the Liquor
Code (47 P. S. §
4-477).
(vii) Any pending citations issued against
the license shall be satisfied prior to transfer.
(4) The purchaser shall obtain the seal of
the sheriff or the prothonotary on Board transfer or renewal applications in
lieu of the signature of the previous license holder. The sheriff's bill of
sale and writ of execution shall accompany the transfer or renewal application
when filed.
Notes
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