THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, MUSTIO, SONNEY, MILLER, KORTZ AND MILLARD, JANUARY 21, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 21, 2011  

AN ACT

Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as

reenacted, "An act relating to alcoholic liquors, alcohol and

malt and brewed beverages; amending, revising, consolidating

and changing the laws relating thereto; regulating and

restricting the manufacture, purchase, sale, possession,

consumption, importation, transportation, furnishing, holding

in bond, holding in storage, traffic in and use of alcoholic

liquors, alcohol and malt and brewed beverages and the

persons engaged or employed therein; defining the powers and

duties of the Pennsylvania Liquor Control Board; providing

for the establishment and operation of State liquor stores,

for the payment of certain license fees to the respective

municipalities and townships, for the abatement of certain

nuisances and, in certain cases, for search and seizure

without warrant; prescribing penalties and forfeitures;

providing for local option, and repealing existing laws,"

further providing for general powers of board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 207(b) of the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, reenacted and amended

June 29, 1987 (P.L.32, No.14), is amended to read:

Section 207.  General Powers of Board.--Under this act, the

board shall have the power and its duty shall be:

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(b)  To control the manufacture, possession, sale,

consumption, importation, use, storage, transportation and

delivery of liquor, alcohol and malt or brewed beverages in

accordance with the provisions of this act, and to fix the

wholesale and retail prices at which liquors and alcohol shall

be sold at Pennsylvania Liquor Stores. Prices shall be

[proportional with prices paid by the board to its suppliers and

shall reflect any advantage obtained through volume purchases by

the board. The board may establish a preferential price

structure for wines produced within this Commonwealth for the

promotion of such wines, as long as the price structure is

uniform within each class of wine purchased by the board]

established by the board so long as the price of a particular

item is uniform throughout this Commonwealth. The board shall

require each Pennsylvania manufacturer and each nonresident

manufacturer of liquors, other than wine, selling such liquors

to the board, which are not manufactured in this Commonwealth,

to make application for and be granted a permit by the board

before such liquors not manufactured in this Commonwealth shall

be purchased from such manufacturer. Each such manufacturer

shall pay for such permit a fee which, in the case of a

manufacturer of this Commonwealth, shall be equal to that

required to be paid, if any, by a manufacturer or wholesaler of

the state, territory or country of origin of the liquors, for

selling liquors manufactured in Pennsylvania, and in the case of

a nonresident manufacturer, shall be equal to that required to

be paid, if any, in such state, territory or country by

Pennsylvania manufacturers doing business in such state,

territory or country. In the event that any such manufacturer

shall, in the opinion of the board, sell or attempt to sell

liquors to the board through another person for the purpose of

evading this provision relating to permits, the board shall

require such person, before purchasing liquors from him or it,

to take out a permit and pay the same fee as hereinbefore

required to be paid by such manufacturer. All permit fees so

collected shall be paid into the State Stores Fund. The board

shall not purchase any alcohol or liquor fermented, distilled,

rectified, compounded or bottled in any state, territory or

country, the laws of which result in prohibiting the importation

therein of alcohol or liquor, fermented, distilled, rectified,

compounded or bottled in Pennsylvania.

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