1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws," in
17licenses and regulations; liquor, alcohol and malt and brewed
18beverages, further providing for unlawful acts relative to
19liquor, alcohol and liquor licensees.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. Section 491 introductory paragraph and (2) of the
23act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
24reenacted and amended June 29, 1987 (P.L.32, No.14) and amended
25July 5, 2012 (P.L.1007, No.116), are amended and the section is

1amended by adding a subsection to read:

2Section 491. Unlawful Acts Relative to Liquor, Alcohol and
3Liquor Licensees.--(a) It shall be unlawful--

4* * *

5(2) (i) Possession or Transportation of Liquor or Alcohol.
6For any person, except a manufacturer or the board or the holder
7of a sacramental wine license or of an importer's license, to
8possess or transport any liquor or alcohol within this
9Commonwealth which was not lawfully acquired prior to January
10first, one thousand nine hundred and thirty-four, or has not
11been purchased from a Pennsylvania Liquor Store or a licensed
12limited winery in Pennsylvania, except in accordance with
13section 488 or the board's regulations. In addition, it shall be
14lawful for anyone to possess miniatures totaling less than one
15gallon purchased in another state or a foreign country. The
16burden shall be upon the person possessing or transporting such
17liquor or alcohol to prove that it was so acquired.
18Notwithstanding this section or any other provision of the law,
19wine may be produced by any person without a license if the wine
20is not produced for sale and total production does not exceed
21two hundred gallons per calendar year. Wine produced in
22accordance with this clause may be used at organized affairs,
23exhibitions, competitions, contests, tastings or judgings if it
24is not sold or offered for sale.

25(ii) None of the provisions herein contained shall prohibit
26nor shall it be unlawful for any person to import into
27Pennsylvania, transport or have in his possession, an amount of
28liquor not exceeding one gallon in volume upon which a State tax
29has not been paid, if it can be shown to the satisfaction of the
30board that such person purchased the liquor in a foreign country

1or United States territory and was allowed to bring it into the
2United States. Neither shall the provisions contained herein
3prohibit nor make it unlawful for [(i)] (A) any member of the
4armed forces on active duty, or [(ii)] (B) any retired member of
5the armed forces, or [(iii)] (C) any totally disabled veteran,
6or [(iv)] (D) the spouse of any person included in the foregoing
7classes of persons to import into Pennsylvania, transport or
8have in his possession an amount of liquor not exceeding one
9gallon per month in volume upon which the State tax has not been
10paid, so long as such liquor has been lawfully purchased from a
11package store established and maintained under the authority of
12the United States and is in containers identified in accordance
13with regulations issued by the Department of Defense. Such
14liquor shall not be possessed, offered for sale or sold on any
15licensed premises. The term "package store" as used in this 
16clause shall mean those retail operations located on any of the 
17United States military installations, including an installation 
18of the Army, Navy, Air Force, Marine Corps or Coast Guard.

19(iii) None of the provisions herein contained shall prohibit
20nor shall it be unlawful for any consul general, consul or other
21diplomatic officer of a foreign government to import into
22Pennsylvania, transport or have in his possession liquor upon
23which a State tax has not been paid, if it can be shown to the
24satisfaction of the board that such person acquired the liquor
25in a foreign country and was allowed to bring it into the United
26States. Such liquor shall not be possessed, offered for sale or
27sold on any licensed premises.

28(iv) Any person violating the provisions of this clause for
29a first offense involving the possession or transportation in
30Pennsylvania of any liquor in a package (bottle or other

1receptacle) or wine not purchased from a Pennsylvania Liquor
2Store or from a licensed limited winery in Pennsylvania, with
3respect to which satisfactory proof is produced that the
4required Federal tax has been paid and which was purchased,
5procured or acquired legally outside of Pennsylvania shall upon
6conviction thereof in a summary proceeding be sentenced to pay a
7fine of twenty-five dollars ($25) for each such package, plus
8costs of prosecution, or undergo imprisonment for a term not
9exceeding ninety (90) days. Each full quart or major fraction
10thereof shall be considered a separate package (bottle or other
11receptacle) for the purposes of this clause. Such packages of
12liquor shall be forfeited to the Commonwealth in the manner
13prescribed in Article VI of this act but [the] shall be returned 
14to the person if the person pays all State taxes on the liquor 
15to the Department of Revenue. The vehicle, boat, vessel, animal
16or aircraft used in the illegal transportation of such packages
17shall not be subject to forfeiture: Provided, however, That if
18it is a second or subsequent offense or if it is established
19that the illegal possession or transportation was in connection
20with a commercial transaction, then the other provisions of this
21act providing for prosecution as a misdemeanor and for the
22forfeiture of the vehicle, boat, vessel, animal or aircraft
23shall apply.

24* * *

25(b) (1) Nothing in this section shall be construed to

26prohibit any resident of this Commonwealth not licensed under

27this act to purchase liquor outside of this Commonwealth so

28long as the resident pays all State taxes on the liquor to

29the Department of Revenue and the liquor is not shipped into

30this Commonwealth.

1(2) Nothing in this section shall be construed to prohibit 
2any resident of this Commonwealth not licensed under this act 
3from being reimbursed for the price of liquor purchased in 
4another state from another resident of this Commonwealth as 
5provided in clause (1) so long as the amount reimbursed is no 
6more than the purchase price of the liquor and the liquor is not 
7shipped into this Commonwealth.

8Section 2. This act shall take effect in 60 days.