Section 4-468 - Licenses not assignable; transfers(a)(1) Licenses issued under this article may not be assigned. The board, upon payment of the transfer filing fee, is hereby authorized to transfer any license issued by it under the provisions of this article from one person to another or from one place to another, or both. Except for restaurant liquor and eating place retail dispenser licenses transferred under section 461(b.4) and restaurant liquor licenses transferred under section 461(b.5) and (b.6), if the license is a retail license, the new location must be within the same county as the existing location or, if the municipality is located in more than one county, within the same municipality as the existing location. (2) In the case of distributor and importing distributor licenses, the board may transfer any such license from its place in a municipality to a place in any other municipality within the same county, or from one place to another place within the same municipality, or exchange a distributor license for an importing distributor license or an importing distributor license for a distributor license, if the building for which the license is to be issued has, in the case of an importing distributor license, an area under one roof of two thousand five hundred square feet and, in the case of a distributor license, an area under one roof of one thousand square feet: And provided, That, in the case of all transfers of distributor or importing distributor licenses, whether from a place within the same municipality to another place within the same municipality or from a place in a municipality to a place in any other municipality within the same county, and, in the case of an exchange of a distributor license for an importing distributor license or an importing distributor license for a distributor license, the premises to be affected by the transfer or exchange shall contain an office separate and apart from the remainder of the premises to be licensed for the purpose of keeping records, required by the board, adequate toilet facilities for employes of the licensee and an entrance on a public thoroughfare: Provided, however, That in the event that the majority of the voting electors of a municipality, at an election held under the provisions of any law so empowering them to do, shall vote against the issuance of distributor or importing distributor licenses in such municipality, the board is hereby authorized to transfer any such distributor or importing distributor license from its place in such municipality to a place in any other municipality within the same county, upon application prior to the expiration of any such license and upon payment of the transfer filing fee and the execution of a new bond; but no transfer shall be made to a person who would not have been eligible to receive the license originally nor for the transaction of business at a place for which the license could not lawfully have been issued originally, nor, except as herein provided, to a place as to which a license has been revoked.(3) From any refusal to grant a transfer or upon the grant of any transfer, the party aggrieved shall have the right of appeal to the proper court in the manner hereinbefore provided.(4) In the event, the license to be transferred has been ordered to serve a suspension under section 471 and has not served the suspension at the time the board considers the application and all appeals regarding the suspension have been exhausted, the board may require the transferee to serve the suspension as a condition for approval of the transfer. Further, the board may convert the outstanding suspension into a fine and require the transferee to pay the fine as a condition for approval of the transfer. If the board converts the outstanding suspension to a fine, the fine need not comply with the minimum and maximum amounts set forth in section 471 for the underlying citation.(b) Repealed by 1978, Nov. 26, P.L. 1389, No. 326, § 2, imd. effective.(b.1) In the event that any person to whom a license shall have been issued under the provisions of this article shall become insolvent, make an assignment for the benefit of creditors, become bankrupt by either voluntary or involuntary action, the license of such person shall be immediately placed in safekeeping with the board for the balance of the term of the license and for an additional period of one year upon application to the board by the trustee, receiver, or assignee. The trustee, receiver, or assignee shall have, during said period of safekeeping, the same rights, benefits and obligations as to the license as the person to whom the license had been issued, including the right to transfer the license subject to the approval of the board. The license shall continue as a personal privilege granted by the board and nothing herein shall constitute the license as property.(c)(1) The term "nonprofit nationally chartered club" shall mean any club which does not contemplate pecuniary gain or profit, incidental or otherwise, having a national charter.(2) The term "unit of a nonprofit nationally chartered club" shall mean any post, branch, lodge or other subordinate unit of a nonprofit nationally chartered club.(3) The term "indoor bowling center" shall mean an enclosed facility of at least twelve thousand square feet with a minimum of sixteen bowling lanes and which has as its primary focus the offering of bowling as a recreational activity to the general public.(d) The license shall constitute a privilege between the board and the licensee. As between the licensee and third parties, the license shall constitute property (e) Notwithstanding any other provision of law, directive or regulation to the contrary, the following shall apply: (1) The board may not approve an interior connection that is greater than ten feet wide between a licensed business and another business.(2) The board shall have no authority to require an exterior entrance to a licensed premises as a condition for approving a license or approving a renewal application of a license in instances when hours of operation for the licensed premises do not exceed the hours of operation for the unlicensed premises for which the board has approved an interior connection.(3) This subsection shall not prohibit the board from approving a renewal application of a license, even if the licensed business has an interior connection that is greater than ten feet wide to an unlicensed business, if the board had approved the interior connection prior to the effective date of this subsection.Amended by P.L. TBD 2019 No. 86, § 4, eff. 1/20/2020.Amended by P.L. TBD 2019 No. 57, § 3, eff. 8/31/2019.Amended by P.L. TBD 2016 No. 166, § 11.2, eff. 1/14/2017.Amended by P.L. TBD 2016 No. 39, § 17.1, eff. 8/7/2016.1951, April 12, P.L. 90, art. IV, § 468. Amended 1953, Aug. 22, P.L. 1340, § 1; 1956, Jan. 26, P.L. (1955) 966, § 1; 1967, Oct. 20, P.L. 476, No. 225, § 1; 1971, June 3, P.L. 143, No. 6, §1 ( § 509(a)(147)); 1971, June 17, P.L. 166, No. 13, § 1; 1978, Nov. 26, P.L. 1389, No. 326, § 2, imd. effective; 1982, June 24, P.L. 624, No. 176, § 2, effective in 60 days. Reenacted and amended 1987 , June 29, P.L. 32, No. 14, § 66, effective 7/1/1987. Amended 1998, June 18, P.L. 664, No. 86, § 12, effective in 60 days; 1998, Dec. 21, P.L. 1202, No. 155, § 15, imd. effective; 1999, Nov. 10, P.L. 514, No. 47, § 8, imd. effective; 2000, Dec. 20, P.L. 992, No. 141, § 10.2; 2002, Feb. 21, P.L. 103, No. 10, § 11, effective in 60 days; 2006, Nov. 29, P.L. 1421, No. 155, § 2.1, imd. effective; 2011, June 28, P.L. 55, No. 11, § 9, imd. effective; 2011, Dec. 22, P.L. 530, No. 113, § 13, imd. effective.