Pennsylvania Statutes Title 47 P.S. Liquor § 4-461.1. Incorporated units of national veterans' organizations

(a) The board shall have the authority to issue new licenses to incorporated units of national veterans' organizations, as defined herein, in counties where the number of licenses exceeds the limitation prescribed by section 461.  1

(b) The term “national veterans' organization” shall mean any veterans' organization having a national charter.

The term “incorporated unit of a national veterans' organization” shall mean any incorporated post, branch, camp, detachment, lodge or other subordinate unit of a national veterans' organization having fifty or more paid up members and organized for a period of at least one year prior to filing the application for a license. The term does not include auxiliaries, “sons of” or other similar organization.

The term “affiliated organization” shall mean home associations, home corporations, auxiliaries, “sons of” or similar organizations which are directly affiliated with an incorporated unit or a national veterans' organization. An affiliated organization must meet the definition of a club set forth in section 102,  2 except that:

(c) When the charter of an incorporated unit of a national veterans' organization is suspended or revoked, the club license of the organization shall also be suspended or rescinded. The club license of an incorporated unit of a national veterans' organization is not transferable to any other organization or person, except as provided in this section.

(d) An incorporated unit of a national veterans' organization may transfer its club license to its affiliated organization as long as, in addition to fulfilling all the requirements pertaining to the transfer of club licenses, the state department of the national veterans' organization provides the board with written approval for such a transfer. The license shall be suspended or rescinded upon the suspension or revocation of the charter of the affiliated incorporated unit of the national veterans' organization. The license shall also be rescinded upon request of the state department of the national veterans' organization or if the affiliated organization's affiliation with the incorporated unit of the national veterans' organization is severed.

(e) Only one club license may be issued to the incorporated unit of the national veterans' organization, and the board may not issue a license to an incorporated unit of a national veterans' organization if any of the unit's affiliated organizations holds a club license.

(f) For purposes of this section, a municipality which permits the issuance of club liquor licenses to incorporated units of national veterans' organizations also permits the transfer of such licenses to an affiliated organization of the incorporated unit of the national veterans' organization.

(g) An incorporated unit of a national veterans' association or an affiliated organization which has its license suspended or rescinded or its request for transfer denied under this section may request a hearing before a hearing examiner under section 464.  3 The board may not consider the propriety of the state department of the national veterans' organization's decision to suspend the charter, revoke the charter or refuse to approve the transfer. The written request from the state department of the national veterans' organization, standing alone, is admissible evidence at the board hearing. An appeal of the board's decision may be taken under section 464, except that the appeal shall not act as a supersedeas of the board's decision.