PRINTER'S NO. 1401
No. 1262 Session of 1981
INTRODUCED BY PERZEL, APRIL 22, 1981
REFERRED TO COMMITTEE ON LIQUOR CONTROL, APRIL 22, 1981
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 authorizing the sale of certain malt and brewed beverages in
18 half-cases with seven ounce containers.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Subsection (a) and the first paragraph of
22 subsection (b) of section 431, act of April 12, 1951 (P.L.90,
23 No.21), known as the "Liquor Code," subsection (a) amended
24 August 17, 1965 (P.L.346, No.182) and the first paragraph of
25 subsection (b) amended October 9, 1967 (P.L.396, No.179), are
1 amended to read:
2 Section 431. Malt and Brewed Beverages Manufacturers',
3 Distributors' and Importing Distributors' Licenses.--(a) The
4 board shall issue to any person a resident of this Commonwealth
5 of good repute who applies therefor, pays the license fee
6 hereinafter prescribed, and files the bond hereinafter required,
7 a manufacturer's license to produce and manufacture malt or
8 brewed beverages, and to transport, sell and deliver malt or
9 brewed beverages at or from one or more places of manufacture or
10 storage, only in original containers, in quantities of not less
11 than a case of twenty-four containers, each container holding
12 seven fluid ounces or more, a half-case of twelve containers,
13 each container holding seven fluid ounces or more, or a case of
14 twelve containers, each container holding twenty-four fluid
15 ounces or more, except original containers containing one
16 hundred twenty-eight ounces or more which may be sold separately
17 anywhere within the Commonwealth. Licenses for places of storage
18 shall be limited to those maintained by manufacturers on July
19 eighteenth, one thousand nine hundred thirty-five, and the board
20 shall issue no licenses for places of storage in addition to
21 those maintained on July eighteenth, one thousand nine hundred
22 thirty-five. The application for such license shall be in such
23 form and contain such information as the board shall require.
24 All such licenses shall be granted for the calendar year. Every
25 manufacturer shall keep at his or its principal place of
26 business, within the Commonwealth daily permanent records which
27 shall show, (1) the quantities of raw materials received and
28 used in the manufacture of malt or brewed beverages and the
29 quantities of malt or brewed beverages manufactured and stored,
30 (2) the sales of malt or brewed beverages, (3) the quantities of
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1 malt or brewed beverages stored for hire or transported for hire
2 by or for the licensee, and (4) the names and addresses of the
3 purchasers or other recipients thereof. Every place licensed as
4 a manufacturer shall be subject to inspection by members of the
5 board or by persons duly authorized and designated by the board,
6 at any and all times of the day or night, as they may deem
7 necessary, for the detection of violations of this act or of the
8 rules and regulations of the board, or for the purpose of
9 ascertaining the correctness of the records required to be kept
10 by licensees. The books and records of such licensees shall at
11 all times be open to inspection by members of the board or by
12 persons duly authorized and designated by the board. Members of
13 the board and its duly authorized agents shall have the right,
14 without hindrance, to enter any place which is subject to
15 inspection hereunder or any place where such records are kept
16 for the purpose of making such inspections and making
17 transcripts thereof.
18 (b) The board shall issue to any reputable person who
19 applies therefor, pays the license fee hereinafter prescribed,
20 and files the bond hereinafter required, a distributor's or
21 importing distributor's license for the place which such person
22 desires to maintain for the sale of malt or brewed beverages,
23 not for consumption on the premises where sold, and in
24 quantities of not less than twenty-four containers, each
25 container holding seven fluid ounces or more, a half-case of
26 twelve containers, each container holding seven fluid ounces or
27 more, or twelve containers, each container holding twenty-four
28 fluid ounces or more, except original containers containing one
29 hundred twenty-eight ounces or more which may be sold separately
30 and such containers to be the original containers as prepared
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1 for the market by the manufacturer at the place of manufacture:
2 And provided further, That the board shall have the discretion
3 to refuse a license to any person or to any corporation,
4 partnership or association if such person, or any officer or
5 director of such corporation, or any member or partner of such
6 partnership or association shall have been convicted or found
7 guilty of a felony within a period of five years immediately
8 preceding the date of application for the said license.
9 * * *
10 Section 2. Section 440 and subsection (b) of section 441 of
11 the act, amended August 17, 1965 (P.L.346, No.182), are amended
12 to read:
13 Section 440. Sales by Manufacturers of Malt or Brewed
14 Beverages; Minimum Quantities.--No manufacturer shall sell any
15 malt or brewed beverages for consumption on the premises where
16 sold, nor sell or deliver any such malt or brewed beverages in
17 other than original containers approved as to capacity by the
18 board, nor in quantities of less than a case of twenty-four
19 containers, each container holding seven fluid ounces or more, a
20 half-case of twelve containers, each container holding seven
21 fluid ounces or more, or a case of twelve containers, each
22 container holding twenty-four fluid ounces or more, except
23 original containers containing one hundred twenty-eight ounces
24 or more which may be sold separately; nor shall any manufacturer
25 maintain or operate within the Commonwealth any place or places
26 other than the place or places covered by his or its license
27 where malt or brewed beverages are sold or where orders are
28 taken.
29 Section 441. Distributors' and Importing Distributors'
30 Restrictions on Sales, Storage, Etc.--* * *
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1 (b) No distributor or importing distributor shall sell any
2 malt or brewed beverages in quantities of less than a case of
3 twenty-four containers, each container holding seven fluid
4 ounces or more, a half-case of twelve containers, each container
5 holding seven fluid ounces or more, or a case of twelve
6 containers, each container holding twenty-four fluid ounces or
7 more, except original containers containing one hundred twenty-
8 eight ounces or more which may be sold separately: Provided,
9 That no malt or brewed beverages sold or delivered shall be
10 consumed upon the premises of the distributor or importing
11 distributor, or in any place provided for such purpose by such
12 distributor or importing distributor.
13 * * *
14 Section 3. This act shall take effect immediately.
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