PRINTER'S NO. 39
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
58
Session of
2017
INTRODUCED BY GREENLEAF, VULAKOVICH AND SCHWANK,
JANUARY 12, 2017
REFERRED TO LAW AND JUSTICE, JANUARY 12, 2017
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," in
licenses and regulations and liquor, alcohol and malt and
brewed beverages, further providing for the sale of certain
containers of malt or brewed beverages by distributors and
importing distributors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 441(b) and (i) of the act of April 12,
1951 (P.L.90, No.21), known as the Liquor Code, are amended to
read:
Section 441. Distributors' and Importing Distributors'
Restrictions on Sales, Storage, Etc.--* * *
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(b) (1) No distributor or importing distributor shall sell
any malt or brewed beverages in quantities of less than a case
or original containers containing one hundred twenty-eight fluid
ounces or more which may be sold separately: Provided, That no
malt or brewed beverages sold or delivered shall be consumed
upon the premises of the distributor or importing distributor,
or in any place provided for such purpose by such distributor or
importing distributor. Notwithstanding any other provision of
this section or act, malt or brewed beverages which are part of
a tasting conducted pursuant to the board's regulations may be
consumed on licensed premises.
(2) No distributor or importing distributor shall sell malt
or brewed beverages in a container containing one hundred
twenty-eight fluid ounces or more without first requiring the
purchaser to execute a numbered form providing for the
purchaser's name and address and such other information as the
board may prescribe. Following execution of the numbered form,
the distributor or importing distributor shall affix to the
container an identification tag that corresponds to the number
on the form completed by the purchaser. Records required under
this clause shall be maintained in accordance with the rules and
regulations of the board. The removal of an identification tag
in violation of this clause and the rules and regulations of the
board shall be a summary offense. This clause shall not apply to
the sale of a container by an importing distributor or a
distributor to another importing distributor or distributor.
* * *
[(i) Notwithstanding any other provision to the contrary,
when making a sale of malt or brewed beverages to a private
individual, no distributor or importing distributor may be
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required to collect the name, address or any other identifying
information of the private individual for the purpose of keeping
a record of the quantity of cases or volume of malt or brewed
beverages purchased.]
Section 2. This act shall take effect in 60 days.
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