H0131B0857A02559 SFL:CMD 06/25/19 #90 A02559
AMENDMENTS TO HOUSE BILL NO. 131
Sponsor: SENATOR DiSANTO
Printer's No. 857
Amend Bill, page 1, line 20, by inserting after "PROVIDING"
for wine and spirits auction permits,
Amend Bill, page 1, line 21, by striking out "AND" where it
occurs the second time and inserting a comma
Amend Bill, page 1, line 22, by inserting after "BREWERIES"
and for rights of municipalities preserved
Amend Bill, page 1, line 24, by striking out "AND" where it
occurs the first time and inserting a comma
Amend Bill, page 1, line 24, by inserting after
"DISTILLERIES"
and for records to be kept
Amend Bill, page 1, line 24, by striking out "AND,"
Amend Bill, page 1, line 26, by inserting after
"APPLICABILITY"
; and abrogating regulations
Amend Bill, page 3, by inserting between lines 2 and 3
Section 2. Section 408.12(g) and (i) of the act are amended
to read:
Section 408.12. Wine and Spirits Auction Permits.--* * *
(g) Any wine and spirits sold under this section shall be
purchased from a Pennsylvania Liquor Store, a Pennsylvania
limited winery, limited distillery or any seller authorized to
sell wine or spirits by the bottle or case in this Commonwealth
or shall be donated by a person [who is neither a licensee nor a
permittee] who has legally acquired the wine or spirits and
legally possesses it in this Commonwealth. If the donated wine
or spirits is from a location outside of this Commonwealth, the
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wine or spirits may be imported as a gift and subject to the
procedures and fees imposed by the board.
* * *
(i) [The] If the wine or spirits is purchased from an entity
other than the board, the permittee shall be responsible for
paying to the board an amount equal to all taxes which would
have been paid on such wine or spirits if it had been purchased
from a Pennsylvania Liquor Store, together with a processing fee
to be determined by the board.
* * *
Amend Bill, page 3, line 3, by striking out "2" and inserting
3
Amend Bill, page 3, lines 19 through 21, by striking out all
of said lines and inserting
Section 4. Section 446(a)(2) of the act is amended to read:
Amend Bill, page 4, by inserting between lines 17 and 18
Section 5. Section 493.1 of the act is amended by adding a
subsection to read:
Section 493.1 Rights of Municipalities Preserved.--* * *
(e) (1) Notwithstanding any other provision of law to the
contrary, the holder of a limited winery license that is located
in a class 2A through 8 county may use or permit to be used
inside or outside of the licensed premises a loudspeaker or
similar device whereby the sound of music or other
entertainment, or the advertisement thereof, does not exceed 75
decibels beyond the licensee's property line.
(2) The provisions of subsection (a) shall only apply:
(i) From ten o'clock antemeridian until eight o'clock
postmeridian on every day except Fridays and Saturdays; and
(ii) From ten o'clock antemeridian until ten o'clock
postmeridian on Fridays or Saturdays.
(3) Nothing in this section may be construed to limit the
rights of a municipality under subsection (a).
Section 6. Sections 505.2(a) and (b), 505.4 heading, (b)(1)
and (8) and (c)(1), 512 and 1001 of the act are amended to read:
Amend Bill, page 14, by inserting between lines 8 and 9
Section 512. Records To Be Kept.--Every person holding a
license issued under the provisions of this article shall keep
on the licensed premises daily permanent records which shall
show, (a) the quantities of any alcohol or liquor manufactured,
produced, distilled, developed, denatured, redistilled,
recovered, reused, stored in bond, stored as bailee for hire,
received or used in the process of manufacture by him, and of
all other material used in manufacturing or developing any
alcohol or liquor; (b) the sales or other disposition of any
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alcohol, liquor or malt or brewed beverages if covered by said
license; (c) the quantities thereof, if any, stored in bond,
stored for hire, or transported for hire by or for the licensee;
and (d) the names and addresses of the purchasers or other
recipients thereof: Provided, however, That persons holding
licenses issued under the provisions of this article for the
transportation for hire of any alcohol, liquor or malt or brewed
beverages shall not be required to keep the above records, but
shall keep daily permanent records showing the names and
addresses of the persons from whom any alcohol, liquor or malt
or brewed beverage was received and to whom delivered, and such
other permanent records as the board shall prescribe[.]:
Provided, however, That a sales invoice may not be required for
purchases made at a limited winery by a private individual
unless the purchase is for greater than 16 liters in a single
transaction.
Amend Bill, page 14, by inserting between lines 26 and 27
Section 7. The provisions of 40 Pa. Code ยง 5.103(b) are
abrogated insofar as they are inconsistent with the amendment of
section 512 of the act.
Amend Bill, page 14, line 27, by striking out "4" and
inserting
8
Amend Bill, page 14, line 27, by striking out "in 60 days."
and inserting
as follows:
(1) The amendment or addition of sections 493.1(e) and
512 shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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