Stop-and-Go Legislative Task Force

Stop and Go Establishment is a licensee holding either a restaurant license (R) or an eating establishment license (E) when after inspection by a PLCB analyst the establishment receives violations relating to “Not a Bona Fide Restaurant and or Eating Establishment  on at least 2 occasions within a 12  month period.

Not a Bonified Restaurant is defined as follows.

1. An “R” licensed establishment that fails to maintain sufficient food Items, eating utensils, dishes, seating and/or failed to provide food upon request.
2. An “R” licensed establishment that failed and/or refused to allow the consumption of malt or brewed beverages purchased at your licensed establishment to be consumed on the premises.       
3. An R licensed establishment that does not have a serving area of at least 400 square feet available for the use and accommodation of the public.

Not a Bonified Eating Establishments is defined as follows.

1. An “E” licensed establishment that fails to maintain sufficient food Items, eating utensils, dishes, seating and/or failed to provide food upon request.
2. An” E” licensed establishment that does not have a serving area of at least 300 square feet available for the use and accommodation of the public.
3. An” E” licensed establishment where the area licensed for the sale of food is located behind a locked door not available to the public and used for the storage of malt or brewed beverages).

• Establishments designated as “stop and go” licensees shall be fined in the amount of $2,500 (?)      and will immediately lose their ability to serve or sell alcohol for a minimum of 30 (?) days.
• Before being allowed to reopen, a “stop and go” establishment shall enter into a compliance agreement with the PLCB, providing a written plan to correct all violations.  Such plan must be approved by the PLCB and, once approved, posted in a publicly viewable location within the “stop and go” establishment.  Returning to the sale of alcohol under a compliance plan may include provisional licensing (?)
• Any stop and go establishment that fails to meet or violate the terms of the compliance agreement after inspection by a PLCB analyst, shall receive a fine in the amount of $ 5,000 (?) and immediately lose its ability to serve alcohol indefinitely pending a hearing before the ALJ to terminate license.
• Within 10 days of the violation of the compliance agreement, the Licensee shall receive Notice of PLCB’s intention to permanently terminate the establishments’ ability to serve alcohol along with proof that the PLCB has requested a hearing before the ALJ.
• Said administrative hearing shall take place within 30 days to determine whether to terminate establishment’s license thereby prohibiting the establishment from serving alcohol on a permanent basis.
• The licensee shall have 30 days to appeal the judgment of the ALJ to the Court of Common Pleas.

The bi-partisan task force, authorized under Act 49 of 2023, consists of myself (Chair), Senator Frank Farry, Representative Joesph Hogan, Representative Anthony Bellmon, Governor’s appointee Cornelia Swinson, and PLCB member Darrell Clark.