PRINTER'S NO. 492

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 454 Session of 1987


        INTRODUCED BY PICCOLA, SALOOM, MANMILLER, COLAFELLA, BOWSER,
           MICHLOVIC, BELFANTI, SIRIANNI, BUNT, FLICK AND WOZNIAK,
           FEBRUARY 25, 1987

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 25, 1987

                                     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     further providing for importing distributor distribution
    18     rights.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 431 of the act of April 12, 1951 (P.L.90,
    22  No.21), known as the Liquor Code, is amended by adding a
    23  subsection to read:
    24     Section 431.  Malt and Brewed Beverages Manufacturers',
    25  Distributors' and Importing Distributors' Licenses.--* * *


     1     (e)  All importing distributors who are given distributing
     2  rights by an out-of-State manufacturer of malt or brewed
     3  beverages or by the primary importing distributor thereof, as
     4  herein provided, shall sell or deliver the same to each and
     5  every distributor within the specific geographic area for which
     6  said importing distributor is given or acquires distributing
     7  rights on a fair and equitable basis with respect to price and
     8  quantity: Provided, That the importing distributor may require
     9  said distributor to agree to a contract term, in substance or
    10  effect, as follows:
    11         The importing distributor expects that the distributor
    12         will price competitively the importing distributor's
    13         products handled by the distributor, devote reasonable
    14         effort and resources to the sale of such products and
    15         maintain a reasonable sale level.
    16     Section 2.  This act shall apply to all distributing rights
    17  granted to importing distributors, whether granted prior to or
    18  after the effective date of this act.
    19     Section 3.  This act shall take effect in 60 days.








    B10L47JLW/19870H0454B0492        - 2 -