PRINTER'S NO. 284
No. 282 Session of 1979
INTRODUCED BY SMITH AND ORLANDO, FEBRUARY 21, 1979
REFERRED TO LAW AND JUSTICE, FEBRUARY 21, 1979
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
2 act relating to alcoholic liquors, alcohol and malt and
3 brewed beverages; amending, revising, consolidating and
4 changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 limiting the powers of liquor enforcement officers and
18 investigators.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 209, act of April 12, 1951 (P.L.90,
22 No.21), known as the "Liquor Code," amended July 31, 1968
23 (P.L.799, No.243), is amended to read:
24 Section 209. Officers and Investigators of the Board to be
25 Peace Officers; Powers.--(a) Such employes of the board as are
26 designated "enforcement officers" or "investigators" are hereby
1 declared to be peace officers and are hereby given limited
2 police power and authority throughout the Commonwealth to arrest
3 on view, except in private homes, without warrant, any person
4 actually engaged in the unlawful sale, importation, manufacture
5 or transportation, or having unlawful possession of untaxed
6 liquor, alcohol or untaxed malt or brewed beverages, contrary to
7 the provisions of this act or any other law of this
8 Commonwealth. [Such] The police power of such officers and
9 investigators shall [have] be limited to the power and
10 authority, upon reasonable and probable cause, to search for and
11 to seize without warrant or process, except in private homes,
12 any untaxed liquor, alcohol and untaxed malt or brewed beverages
13 unlawfully possessed, manufactured, sold, imported or
14 transported, and any stills, equipment, materials, utensils,
15 vehicles, boats, vessels, animals, aircraft, or any of them,
16 which are or have been used in the unlawful manufacture, sale,
17 importation or transportation of the same. Such liquor, alcohol,
18 malt or brewed beverages, stills, equipment, materials,
19 utensils, vehicles, boats, vessels, animals or aircraft so
20 seized shall be disposed of as hereinafter provided.
21 (b) The board shall utilize the officers of the Pennsylvania
22 State Police or the officers of the local municipal police
23 forces to investigate and prosecute all other violations of this
24 law and any other law of the Commonwealth relating to liquor,
25 alcohol, or malt or brewed beverages.
26 (c) Enforcement officers or investigators may be retired
27 upon reaching age sixty-five.
28 Section 2. This act shall take effect in 60 days.
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