THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GODSHALL, BARRAR, CALTAGIRONE, D. COSTA, CREIGHTON, EVERETT, FRANKEL, GEIST, GRELL, HARPER, HESS, HORNAMAN, KNOWLES, MARSHALL, MARSICO, MILLARD, M. O'BRIEN, PAYNE, PAYTON, REICHLEY, SCHRODER AND K. SMITH, JANUARY 20, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 20, 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,"

providing for direct shipment of wine to certain consumers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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 by adding a section to read:

Section 489.  Direct Shipments of Wine.--(a)  Notwithstanding

any other provision of this act or law to the contrary, a person

licensed by another state as a producer, supplier, importer,

wholesaler, distributor or retailer of wine and who obtains an

out-of-State shipper's license as provided for in this section

may ship up to twenty-four bottles per month of any wine

directly to a resident of this Commonwealth who is at least

twenty-one (21) years of age for such resident's personal use

and not for resale. Before sending any shipment to a resident of

this Commonwealth the out-of-State shipper must first:

(1)  File an application with the board.

(2)  Pay a one hundred dollar ($100) registration fee.

(3)  Provide to the board a true copy of its current

alcoholic beverage license issued in another state.

(4)  Obtain from the board an out-of-State shipper's license.

(b)  An out-of-State wine shipper shall:

(1)  Not ship more than twenty-four (24) bottles per month to

any person.

(2)  Not ship to any address in an area identified by the

board as a "dry" or local option area.

(3)  Ensure that all containers of wine shipped directly to a

resident in this Commonwealth are conspicuously labeled with the

words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER

REQUIRED FOR DELIVERY."

(4)  Report to the board annually the total bottles of wine,

by type, shipped into this Commonwealth the preceding calendar

year.

(5)  Annually pay to the Department of Revenue all taxes due

on sales to residents of this Commonwealth in the preceding

calendar year, the amount of such taxes to be calculated as if

the sale were in this Commonwealth at the location where

delivery is made.

(6)  Permit the board or the Secretary of Revenue, or their

designated representatives, to perform an audit of the out-of-

State wine shipper's records upon request.

(7)  Be deemed to have submitted to the jurisdiction of the

board, any other State agency and the courts of this

Commonwealth for purposes of enforcement of this section and any

related laws, rules or regulations.

(c)  An out-of-State shipper may annually review its license

with the board by paying a renewal fee, as established by the

board, and providing the board a true copy of its current

alcoholic beverage license issued in another state.

(d)  The board and the Department of Revenue may promulgate

rules and regulations to effectuate the purposes of this act.

(e)  The board may enforce the requirements of this section

by administrative proceedings to suspend or revoke an out-of-

State shipper's license, and the board may accept payment of an

offer in compromise in lieu of suspension, such payments to be

determined by rule promulgated by the board.

(f)  Shipments of wine from out-of-State direct to consumers

in this Commonwealth from persons who do not possess a current

out-of-State shipper's license or other permit or license from

the board are prohibited. Any person who knowingly makes,

participates in, transports, imports or receives such a shipment

from out-of-State is guilty of a misdemeanor. Without limitation

on any punishment or remedy, criminal or civil, any person who

knowingly makes, participates in, transports, imports or

receives such a shipment from out-of-State commits an unfair

trade practice.

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