THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SONNEY, MOUL, BARRAR, EVERETT, GRELL, KILLION, MILLARD AND REICHLEY, FEBRUARY 28, 2011

REFERRED TO COMMITTEE ON LIQUOR CONTROL, FEBRUARY 28, 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,"

further providing for shipment of wine into Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 488 of 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) and added February 21, 2002 (P.L.103,

No.10), is amended to read:

Section 488.  Shipment of Wine into Commonwealth.--(a)  The

shipment of wine from out-of-State to residents of this

Commonwealth is [prohibited, except as otherwise] allowed as 

provided for in this section.

(b)  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 a direct wine shipper license

as provided for in this section may ship [up to nine liters per

month of] any wine [not included on the list provided for in

subsection (c)] on the [Internet] order of any resident of this

Commonwealth who is at least twenty-one (21) years of age for

such resident's personal use and not for resale. This section

shall represent the only means through which wine may be shipped

into this Commonwealth.

(c)  [Each month, the board shall publish on the Internet a

list of all classes, varieties and brands of wine available for

sale in the Pennsylvania Liquor Stores. A person holding a

direct shipper license may ship only those classes, varieties

and brands of wine not included on the list at the time an

Internet order is placed.] (Reserved).

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

(1)  [Not ship more than nine liters per month on the

Internet order of any person in this Commonwealth.] Add the six

per centum sales tax to a wine order shipped into this

Commonwealth and remit the tax to the Department of Revenue.

(2)  Report to the board each year the total of wine shipped

into this Commonwealth in the preceding calendar year.

(3)  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.

(4)  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.

(e)  [A direct shipper may ship wine on the Internet order of

a resident into this Commonwealth provided that the wine is

shipped to a Pennsylvania Liquor Store selected by the resident.

The wine will be subject to taxes in the same manner as wine

sold directly by the board. The wine will not be released by the

State store until all moneys due, including all taxes and fees,

have been paid by the resident.] (Reserved).

(f)  [A person shall sign an affidavit provided by the

Pennsylvania Liquor Store where the wine was delivered to

stating that the wine will only be used for the person's

personal use.] Any person who resells wine obtained under this

section commits a misdemeanor of the second degree.

(g)  The board may promulgate such rules and regulations as

are necessary to implement and enforce the provisions of this

section. [The board may charge the resident a fee to cover the

cost associated with processing the Internet order.]

(h)  [The board shall submit monthly reports to the

Appropriations Committee and the Law and Justice Committee of

the Senate and to the Appropriations Committee and the Liquor

Control Committee of the House of Representatives summarizing

the number of direct shipper licenses issued by the board, the

quantity of wine sold pursuant to this section and the total

dollar value of sales under this section.] (Reserved).

(i)  The term "wine" as used in this section shall mean

liquor which is fermented from grapes and other fruits, having

alcoholic content of twenty-four per centum or less. The term

"wine" shall not include malt or brewed beverages nor shall wine

include any products containing alcohol derived from malt,

grain, cereal, molasses or cactus.

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