PRINTER'S NO. 1780
No. 1282 Session of 2008
INTRODUCED BY DINNIMAN, O'PAKE, D. WHITE, BOSCOLA, COSTA, FERLO,
FONTANA, KITCHEN, LAVALLE, MELLOW, TOMLINSON, WASHINGTON,
C. WILLIAMS AND EARLL, FEBRUARY 14, 2008
REFERRED TO LAW AND JUSTICE, FEBRUARY 14, 2008
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and 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 providing for local enforcement.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 211(a) of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14) and amended October 5, 1994
23 (P.L.537, No.80), is amended and the section is amended by
24 adding a subsection to read:
25 Section 211. Enforcement.--(a) [There] Except as provided
1 for in subsection (g), there is created within the Pennsylvania
2 State Police a Bureau of Liquor Control Enforcement which shall
3 be responsible for enforcing this act and any regulations
4 promulgated pursuant thereto. Officers and investigators
5 assigned to the bureau shall have the power and their duty shall
6 be:
7 (1) To investigate whenever there are reasonable grounds to
8 believe liquor, alcohol or malt or brewed beverages are being
9 sold on premises not licensed under the provisions of this act.
10 If the investigation produces evidence of the unlawful sale of
11 liquor or malt or brewed beverages or any other violation of the
12 provisions of this act, the officer involved in the
13 investigation shall institute criminal proceedings against the
14 person or persons believed to have been criminally liable, as
15 otherwise provided by law or rule of court.
16 (2) To arrest on view, except in private homes, without
17 warrant, any person actually engaged in the unlawful sale,
18 importation, manufacture or transportation or having unlawful
19 possession of liquor, alcohol or malt or brewed beverages
20 contrary to the provisions of this act or any other law of this
21 Commonwealth or any person whom the officer/investigator, while
22 in the performance of his assigned duties under and pursuant to
23 this act and any regulations promulgated under this act,
24 observes to be in violation of any of the following provisions:
25 18 Pa.C.S. § 3302 (relating to causing or risking
26 catastrophe).
27 18 Pa.C.S. § 3304 (relating to criminal mischief).
28 18 Pa.C.S. § 4101 (relating to forgery).
29 18 Pa.C.S. § 5503 (relating to disorderly conduct).
30 18 Pa.C.S. § 5505 (relating to public drunkenness).
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1 18 Pa.C.S. § 5512 (relating to lotteries, etc.).
2 18 Pa.C.S. § 5513 (relating to gambling devices,
3 gambling, etc.).
4 18 Pa.C.S. § 5514 (relating to pool selling and
5 bookmaking).
6 18 Pa.C.S. § 6307 (relating to misrepresentation of age
7 to secure liquor or malt or brewed beverages).
8 18 Pa.C.S. § 6308 (relating to purchase, consumption,
9 possession or transportation of liquor or malt or brewed
10 beverages).
11 18 Pa.C.S. § 6309 (relating to representing that minor is
12 of age).
13 18 Pa.C.S. § 6310.1 (relating to selling or furnishing
14 liquor or malt or brewed beverages to minors).
15 18 Pa.C.S. § 6310.3 (relating to carrying a false
16 identification card).
17 (3) Upon reasonable and probable cause, to search for and to
18 seize, without warrant or process, except in private homes, any
19 liquor, alcohol or malt or brewed beverages unlawfully
20 possessed, manufactured, sold, imported or transported and any
21 stills, equipment, materials, utensils, vehicles, boats,
22 vessels, animals, aircraft, or any of them, which are or have
23 been used in the unlawful manufacture, sale, importation or
24 transportation of the same. Such liquor, alcohol, malt or brewed
25 beverages, stills, equipment, materials, utensils, vehicles,
26 boats, vessels, animals or aircraft so seized shall be disposed
27 of as hereinafter provided.
28 (4) To investigate and issue citations for any violations of
29 this act or any laws of this Commonwealth relating to liquor,
30 alcohol or malt or brewed beverages, or any regulations of the
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1 board adopted pursuant to such laws or any violation of any laws
2 of this Commonwealth or of the Federal Government, relating to
3 the payment of taxes on liquor, alcohol or malt or brewed
4 beverages by any licensee, his officers, servants, agents or
5 employes.
6 (5) To arrest any person who engages in the following
7 offenses when the said offenses are committed against the
8 officer/investigator or any person accompanying and assisting
9 the officer/investigator while the said officer/investigator is
10 performing assigned duties under and pursuant to this act and
11 any regulations promulgated under this act:
12 18 Pa.C.S. § 2701 (relating to simple assault).
13 18 Pa.C.S. § 2702 (relating to aggravated assault).
14 18 Pa.C.S. § 2705 (relating to recklessly endangering
15 another person).
16 18 Pa.C.S. § 2706 (relating to terroristic threats).
17 18 Pa.C.S. § 2709 (relating to harassment and stalking).
18 18 Pa.C.S. § 5104 (relating to resisting arrest or other
19 law enforcement).
20 18 Pa.C.S. § 5501 (relating to riot).
21 (6) To serve and execute warrants issued by the proper
22 authorities for offenses referred to in this subsection and to
23 serve subpoenas.
24 (7) To arrange for the administration of chemical tests of
25 breath, blood or urine, including preliminary breath tests, to
26 persons for the purpose of determining the alcoholic content of
27 blood or the presence of a controlled substance by qualified
28 personnel of a State or local police department or qualified
29 personnel of a clinical laboratory licensed and approved by the
30 Department of Health.
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1 * * *
2 (g) Nothing in this section shall be construed to prohibit a
3 municipality from exercising the authority granted to it
4 pursuant to section 211.2.
5 Section 2. The act is amended by adding a section to read:
6 Section 211.2. Local Enforcement.--(a) Notwithstanding any
7 other provision of law to the contrary, the governing body of a
8 municipality may elect, through adoption of an ordinance, to
9 authorize municipal police officers to investigate and issue
10 citations for any violations of this act or any laws of this
11 Commonwealth relating to liquor, alcohol or malt or brewed
12 beverages, or any regulations of the board adopted pursuant to
13 such laws or any violation of any laws of this Commonwealth or
14 of the Federal Government, relating to the payment of taxes on
15 liquor, alcohol or malt or brewed beverages by any licensee, his
16 officers, servants, agents or employes within the geographic
17 boundaries of the municipality. The authority granted under this
18 section shall be identical to the authority granted to the
19 Pennsylvania State Police Bureau of Liquor Control Enforcement
20 pursuant to section 211.
21 (b) Prior to adopting the ordinance authorized under
22 subsection (a), the governing body shall adopt a proposed
23 ordinance, which shall include all of the following information:
24 (1) The content of the ordinance that will be enacted,
25 including the effective date.
26 (2) A statement that the proposed ordinance is being adopted
27 pursuant to and subject to the requirements of this section.
28 (c) The governing body must give public notice of its intent
29 to adopt the proposed ordinance and hold at least one public
30 hearing on the proposed ordinance prior to adoption. Publication
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1 of the notice shall be made by advertisement once a week for
2 three weeks in a newspaper of general circulation within the
3 municipality if there is such a newspaper and, if there is not,
4 then the publication shall be made in a newspaper of general
5 circulation within the county in which the advertising
6 municipality is located.
7 (d) Each municipality that adopts an ordinance or resolution
8 pursuant to this section shall enter into an agreement with the
9 Pennsylvania State Police to provide appropriate training for
10 the municipality's police officers. The Pennsylvania State
11 Police shall provide the training. The Pennsylvania State Police
12 Bureau of Liquor Control Enforcement, in consultation with the
13 board, shall develop a training program for municipal police
14 officers, which shall be modeled on the training provided to
15 members of the Pennsylvania State Police Bureau of Liquor
16 Control Enforcement. The Pennsylvania State Police may assess
17 reasonable fees to cover the costs of the training. Fees and
18 costs associated with the training shall be borne by the
19 municipality. No municipal police officer may enforce the
20 provisions of this act until the Pennsylvania State Police has
21 certified that the municipal police officer has successfully
22 completed the training required under this subsection.
23 (e) The district attorney of the county in which the
24 municipality is located shall represent any municipality that
25 adopts an ordinance or resolution pursuant to this section in
26 all enforcement proceedings brought before the Office of
27 Administrative Law Judge or any other adjudicatory body.
28 (f) Nothing in this section shall be construed to limit the
29 power of the Pennsylvania State Police Bureau of Liquor Control
30 Enforcement to exercise its enforcement powers under section 211
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1 in any municipality that has adopted an ordinance pursuant to
2 this section.
3 (g) For purposes of this section, the following words or
4 phrases shall have the meanings ascribed to them in this
5 subsection unless the context clearly indicates otherwise:
6 "Governing body" shall mean a city council, borough council,
7 incorporated town council, board of township commissioners,
8 board of township supervisors, a governing council of a home
9 rule municipality or optional plan municipality, or a governing
10 council of any similar general purpose unit of government which
11 may hereafter be created by statute.
12 "Municipal police department" shall mean a public agency of a
13 municipality having general police powers and charged with
14 making arrests in connection with the enforcement of criminal or
15 traffic laws.
16 "Municipal police officer" shall mean an employe of a
17 municipal police department who is certified under 53 Pa.C.S.
18 Ch. 21 Subch. D (relating to municipal police education and
19 training) and is empowered to enforce 18 Pa.C.S. (relating to
20 crimes and offenses) and 75 Pa.C.S. (relating to vehicles). The
21 term does not include auxiliary or fire police.
22 "Municipality" shall mean a city, borough, incorporated town
23 or township in which the total number of existing restaurant
24 liquor licenses and eating place retail dispenser licenses
25 exceeds one license per three thousand inhabitants. The term
26 shall not include a city of the first class or a city of the
27 second class.
28 Section 3. Section 802 of the act is amended by adding a
29 subsection to read:
30 Section 802. Moneys Paid Into The State Stores Fund for Use
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1 of the Commonwealth.--* * *
2 (h) Annually, the board shall remit to each municipality
3 that elects to enforce the provisions of this act pursuant to
4 section 211.2 an amount equal to ten per centum of the total
5 amount collected by the board from all licensees within the
6 municipality pursuant to the act of June 9, 1936 (1st Sp. Sess.,
7 P.L.13, No.4), entitled "An act imposing an emergency State tax
8 on liquor, as herein defined, sold by the Pennsylvania Liquor
9 Control Board; providing for the collection and payment of such
10 tax; and imposing duties upon the Department of Revenue and the
11 Pennsylvania Liquor Control Board." Payments required under this
12 subsection shall be made from the board's annual profits from
13 the sale of liquor and alcohol. The municipality shall use the
14 moneys received pursuant to this subsection solely for costs
15 associated with enforcing the provisions of this act. The board
16 shall promulgate regulations prescribing the method of
17 calculating the amount due to each municipality under this
18 subsection.
19 Section 4. This act shall take effect in 60 days.
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