PRINTER'S NO. 717

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 649 Session of 1977


        INTRODUCED BY WHITE, CALTAGIRONE, RHODES AND SWEET,
           MARCH 16, 1977

        REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 16, 1977

                                     AN ACT

     1  Amending the act of April 12, 1951 (P.L.90, No.21), entitled "An
     2     act relating to alcoholic liquors, alcohol and malt and
     3     brewed beverages; amending, revising, consolidating and
     4     changing the laws relating thereto; regulating and
     5     restricting the manufacture, purchase, sale, possession,
     6     consumption, importation, transportation, furnishing, holding
     7     in bond, holding in storage, traffic in and use of alcoholic
     8     liquors, alcohol and malt and brewed beverages and the
     9     persons engaged or employed therein; defining the powers and
    10     duties of the Pennsylvania Liquor Control Board; providing
    11     for the establishment and operation of State liquor stores,
    12     for the payment of certain license fees to the respective
    13     municipalities and townships, for the abatement of certain
    14     nuisances and, in certain cases, for search and seizure
    15     without warrant; prescribing penalties and forfeitures;
    16     providing for local option, and repealing existing laws,"
    17     permitting retail dispensers to sell bottles of wine not in
    18     stock at liquor stores.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 442, act of April 12, 1951 (P.L.90,
    22  No.21), known as the "Liquor Code," is amended by adding a
    23  subsection to read:
    24     Section 442.  Retail Dispensers' Restrictions on Purchases
    25  and Sales.--* * *
    26     (d)  Notwithstanding any other provision of this act, a

     1  retail dispenser may, at the specific written request of a
     2  customer, sell a bottle of wine to the customer in a bottle or
     3  similar original container holding a quart or less, if the
     4  particular wine is not available in or through the Liquor Stores
     5  except in case lots. The retail dispenser may upon notice to the
     6  board purchase and receive less than case lots of wine for the
     7  purposes of this subsection from sources other than the Liquor
     8  Stores. Upon the retail sale of the wine, the retail dispenser
     9  shall collect the tax imposed thereon, provide the customer with
    10  a receipt and within thirty days remit the tax and a copy of the
    11  receipt to the board.
    12     Section 2.  This act shall take effect immediately.












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