THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FERLO, TARTAGLIONE, HUGHES, COSTA, FONTANA, SOLOBAY AND KASUNIC, OCTOBER 12, 2011

REFERRED TO LAW AND JUSTICE, OCTOBER 12, 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 the board and for

specific subjects on which board may adopt regulations;

providing for employees of the board; further providing for 

management of Pennsylvania Liquor Stores; and repealing

provisions relating to selection of personnel.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 207(b), (f) and (h) 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), are amended and the

section is amended by adding a subsection to read:

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

board shall have the power and its duty shall be:

* * *

(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] as set forth by the board so long as the price of a

particular item is uniform throughout this Commonwealth. 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. 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.

* * *

(f)  To appoint, fix the compensation and define the powers

and duties of such managers, officers, inspectors, examiners,

clerks and other employes as shall be required for the operation

of this act, [subject to the provisions of The Administrative

Code of 1929 and the Civil Service Act] who shall serve at the

board's pleasure. Notwithstanding any other provision of law to

the contrary, an employe of the board shall not be considered a

member of the classified service, as that term is defined in the

act of August 5, 1941 (P.L.752, No.286), known as the "Civil

Service Act," except as set forth in this act. An employe of the

board shall be considered a State employe for purposes of 71

Pa.C.S. Pt. XXV (relating to retirement for State employees and

officers). The board shall establish a system of classification

and compensation of its employes and shall not be subject to the

provisions of the act of April 9, 1929 (P.L.177, No.175), known

as "The Administrative Code of 1929," as to classification and

compensation for its employes, and shall conduct its activities

consistent with the practices and procedures of Commonwealth

agencies. The board shall adhere to the provisions of 51 Pa.C.S.

Ch. 71 (relating to veterans' preference), as they relate to

noncivil service positions.

* * *

(h)  Without in any way limiting or being limited by the

foregoing, to do all such things and perform all such acts as

are deemed necessary or advisable for the purpose of carrying

into effect the provisions of this act and the regulations made

thereunder. Notwithstanding any other provision of law to the

contrary, the board is authorized to purchase all goods and

services in its sole discretion which are deemed necessary to

perform all such acts. The board is authorized to promulgate

regulations providing for the procurement of such goods and

services.

* * *

(l)  Notwithstanding any other provision of law to the

contrary, to enter into agreements with governmental units of

the Commonwealth and other states for the purchase or sale of

goods and/or services with, from or to the governmental units.

Section 2.  Section 208(c) of the act is amended to read:

Section 208.  Specific Subjects on Which Board May Adopt

Regulations.--Subject to the provisions of this act and without

limiting the general power conferred by the preceding section,

the board may make regulations regarding:

* * *

(c)  The purchase, as provided in this act, of liquor and

alcohol, and its supply to Pennsylvania Liquor Stores and the

procurement of all other goods and services which are deemed

necessary by the board, in its sole discretion, to perform all

such acts.

* * *

Section 3.  The act is amended by adding a section to read:

Section 218.  Employes of the Board.--(a)  All collective

bargaining agreements in effect at the time of enactment of this

section shall remain in force for the term of the contract. New

collective bargaining agreements shall be negotiated by the

collective bargaining agent for each bargaining unit. The board

shall be the employer of record for all employes and shall

conduct its activities consistent with the practices and

procedures of other Commonwealth agencies.

(b)  Employes of the board shall be deemed public employes.

Labor relations and collective bargaining shall be governed by

the act of July 23, 1970 (P.L.563, No.195), known as the "Public

Employe Relations Act" and the act of April 9, 1929 (P.L.177,

No.175), known as "The Administrative Code of 1929," on the

effective date of this section.

(c)  The civil service status of a person employed by the

board on the effective date of this section shall remain the

same as it was immediately prior to the effective date of this

section, for as long as the person remains in the position the

person held on the effective date of this section.

Section 4.  Section 302 of the act is repealed:

[Section 302.  Selection of Personnel.--Officers and employes

of the board, except as herein otherwise provided, shall be

appointed and employed subject to the provisions of the Civil

Service Act.]

Section 5.  Section 303 of the act is amended to read:

Section 303.  Management of Pennsylvania Liquor Stores.--

Every Pennsylvania Liquor Store shall be conducted by a person

appointed [in the manner provided in the Civil Service Act] by

the board who shall be known as the "manager" and who shall,

under the directions of the board, be responsible for carrying

out the provisions of this act and the regulations adopted by

the board under this act as far as they relate to the conduct of

such stores.

Section 6.  This act shall take effect in 60 days.