PRINTER'S NO. 836
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CORMAN, MENSCH, EICHELBERGER, WHITE, BROWNE, BREWSTER, SOLOBAY, ERICKSON, VULAKOVICH AND SCHWANK, APRIL 4, 2013
REFERRED TO LAW AND JUSTICE, APRIL 4, 2013
1Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2reenacted, "An act relating to alcoholic liquors, alcohol and
3malt and brewed beverages; amending, revising, consolidating
4and changing the laws relating thereto; regulating and
5restricting the manufacture, purchase, sale, possession,
6consumption, importation, transportation, furnishing, holding
7in bond, holding in storage, traffic in and use of alcoholic
8liquors, alcohol and malt and brewed beverages and the
9persons engaged or employed therein; defining the powers and
10duties of the Pennsylvania Liquor Control Board; providing
11for the establishment and operation of State liquor stores,
12for the payment of certain license fees to the respective
13municipalities and townships, for the abatement of certain
14nuisances and, in certain cases, for search and seizure
15without warrant; prescribing penalties and forfeitures;
16providing for local option, and repealing existing laws,"
17further providing for enforcement.
20Section 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
22June 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
24adding a subsection to read:
25Section 211. Enforcement.--(a) There is created within the
1Pennsylvania State Police a Bureau of Liquor Control Enforcement
2which shall be responsible for enforcing this act and any
3regulations promulgated pursuant thereto. [Officers] Subject to
4the provisions of subsection (g), officers and investigators
5assigned to the bureau shall have the power and their duty shall
7(1) To investigate whenever there are reasonable grounds to
8believe liquor, alcohol or malt or brewed beverages are being
9sold on premises not licensed under the provisions of this act.
10If the investigation produces evidence of the unlawful sale of
11liquor or malt or brewed beverages or any other violation of the
12provisions of this act, the officer involved in the
13investigation shall institute criminal proceedings against the
14person or persons believed to have been criminally liable, as
15otherwise provided by law or rule of court.
16(2) To arrest on view, except in private homes, without
17warrant, any person actually engaged in the unlawful sale,
18importation, manufacture or transportation or having unlawful
19possession of liquor, alcohol or malt or brewed beverages
20contrary to the provisions of this act or any other law of this
21Commonwealth or any person whom the officer/investigator, while
22in the performance of his assigned duties under and pursuant to
23this act and any regulations promulgated under this act,
24observes to be in violation of any of the following provisions:
2718 Pa.C.S. § 3304 (relating to criminal mischief).
2818 Pa.C.S. § 4101 (relating to forgery).
2918 Pa.C.S. § 5503 (relating to disorderly conduct).
3018 Pa.C.S. § 5505 (relating to public drunkenness).
118 Pa.C.S. § 5512 (relating to lotteries, etc.).
418 Pa.C.S. § 5514 (relating to pool selling and bookmaking).
16(3) Upon reasonable and probable cause, to search for and to
17seize, without warrant or process, except in private homes, any
18liquor, alcohol or malt or brewed beverages unlawfully
19possessed, manufactured, sold, imported or transported and any
20stills, equipment, materials, utensils, vehicles, boats,
21vessels, animals, aircraft, or any of them, which are or have
22been used in the unlawful manufacture, sale, importation or
23transportation of the same. Such liquor, alcohol, malt or brewed
24beverages, stills, equipment, materials, utensils, vehicles,
25boats, vessels, animals or aircraft so seized shall be disposed
26of as hereinafter provided.
27(4) To investigate and issue citations for any violations of
28this act or any laws of this Commonwealth relating to liquor,
29alcohol or malt or brewed beverages, or any regulations of the
30board adopted pursuant to such laws or any violation of any laws
5(5) To arrest any person who engages in the following
6offenses when the said offenses are committed against the
7officer/investigator or any person accompanying and assisting
8the officer/investigator while the said officer/investigator is
9performing assigned duties under and pursuant to this act and
10any regulations promulgated under this act:
1118 Pa.C.S. § 2701 (relating to simple assault).
1218 Pa.C.S. § 2702 (relating to aggravated assault).
1518 Pa.C.S. § 2706 (relating to terroristic threats).
1618 Pa.C.S. § 2709 (relating to harassment and stalking).
1918 Pa.C.S. § 5501 (relating to riot).
23(7) To arrange for the administration of chemical tests of
24breath, blood or urine, including preliminary breath tests, to
25persons for the purpose of determining the alcoholic content of
26blood or the presence of a controlled substance by qualified
27personnel of a State or local police department or qualified
28personnel of a clinical laboratory licensed and approved by the
29Department of Health.
30* * *
1(g) (1) A municipality that has a local police department
2with at least one full-time officer or that contracts with
3another municipality that has such a local police department for
4law enforcement services to be provided to the municipality may
5by ordinance elect to enforce the provisions of this act within
6the corporate boundaries of the municipality.
7(2) Upon adoption of such ordinance, the local police
8department of the municipality or that provides law enforcement
9services to the municipality, as applicable, shall have the same
10powers and duties as the Bureau of Liquor Control Enforcement
11that are specified in this section and may exercise such powers
12and duties within the corporate boundaries of the municipality.
13(3) Once the ordinance is adopted by a municipality in
14accordance with this section, the Bureau of Liquor Control
15Enforcement shall have no powers or duties under this section
16within the corporate boundaries of the municipality, unless the
17municipality subsequently rescinds the ordinance.
18(4) Notwithstanding any other provision of this act or other
19law to the contrary, any fine imposed through enforcement
20activity of a municipality that has elected the powers and
21duties under this section shall be payable to the municipality.
22Section 2. This act shall take effect in 60 days.