H1902B2679A04844 AJB:CMD 11/27/17 #90 A04844
AMENDMENTS TO HOUSE BILL NO. 1902
Sponsor: REPRESENTATIVE COX
Printer's No. 2679
Amend Bill, page 1, line 16, by inserting after "laws,""
in Pennsylvania Liquor Control Board, further providing for
enforcement;
Amend Bill, page 1, line 20, by inserting after "licensees"
; and making related repeals
Amend Bill, page 1, lines 23 through 26, by striking out all
of said lines and inserting
Section 1. Section 211 of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code, is amended by adding a
subsection to read:
Section 211. Enforcement.--* * *
(g) The following shall apply:
(1) An individual who is under twenty-one years of age may
purchase, attempt to purchase, possess or transport liquor or
malt or brewed beverages if all of the following apply:
(i) The individual is at least eighteen years of age.
(ii) The individual is an officer, employe or intern of the
Bureau of Liquor Control Enforcement of the Pennsylvania State
Police.
(iii) The individual has completed training specified by the
bureau.
(iv) The individual is acting within the scope of prescribed
duties.
(v) The individual is acting under the direct control or
supervision of a bureau officer who is an adult.
(2) Individuals under twenty-one years of age may not
consume liquor or malt or brewed beverages.
(3) The Pennsylvania State Police shall promulgate
regulations prescribing the manner in which compliance checks
are to be performed. Compliance checks under this subsection
shall be conducted in a manner consistent with the regulations.
Regulations shall require, at a minimum, all of the following:
(i) Prior to participation in the compliance check, the
officer, employe or intern shall undergo training approved by
the Bureau of Liquor Control Enforcement.
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(ii) A person licensed to sell liquor or malt or brewed
beverages that is found to be in compliance with 18 Pa.C.S. §
6308 (relating to purchase, consumption, possession or
transportation of liquor or malt or brewed beverages) or 6310
(relating to inducement of minors to buy liquor or malt or
brewed beverages) during a compliance check shall be notified in
writing of the compliance check and the determination of
compliance.
(iii) A person licensed to sell liquor or malt or brewed
beverages that is found to be noncompliant with 18 Pa.C.S. §
6308 or 6310 during a compliance check shall be immediately
verbally advised by the supervising bureau officer and shall be
notified in writing of the failure to comply within ten working
days of the date of the compliance check.
(4) The provisions of this subsection shall expire December
31, 2022.
Section 2. Section 411(d) and (e) of the act, amended June
8, 2016 (P.L.273, No.39) and November 15, 2016 (P.L.1286,
No.166), are amended to read:
Amend Bill, page 5, line 19, by striking out "2" and
inserting
3
Amend Bill, page 7, line 3, by striking out all of said line
and inserting
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraphs (2) and (3) are necessary to effectuate the
addition of section 211(g) of the act.
(2) 18 Pa.C.S. §§ 6308(e) and 6310(c) are repealed.
(3) Section 2 of the act of December 3, 2002 (P.L.1144,
No.141), entitled "An act amending Title 18 (Crimes and
Offenses) of the Pennsylvania Consolidated Statutes, further
providing for purchase, consumption, possession or
transportation of liquor or malt or brewed beverages and for
inducement of minors to buy liquor or malt or brewed
beverages," is repealed.
Section 5. This act shall take effect immediately.
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